CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 24, 2022

Esther Howland (South) Chamber

Convened: 6:53 P.M.

Adjourned: 9:32 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

MOMENT OF SILENCE in memory of Candice Asare-Yeboah, a five-year-old girl who was struck by a vehicle on Stafford Street.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of May 3, 2022.

Mayor Petty read the item and recognized the following speakers: 1. Fred Nathan, Worcester resident, spoke in opposition to items #9d CC and #9g CC 2. Idella Hazard, Worcester resident, spoke in favor of items #9k CC and #9m CC 3. Michael Rosier, Worcester resident, spoke in favor of an item not listed on the agenda 4. Meg Coffin, Worcester resident, spoke in favor of item #8.4A CM 5. Gina Plata-Nino, Worcester resident, spoke in favor of item #8.4A CM 6. Greg Degermajian, Worcester resident, spoke in favor of item #8.15A CM 7. Yvette Dyson, Worcester resident, spoke in favor of item #8.4A CM 8. Jim Leary, Worcester resident, spoke in favor of item #12a CC and #8.4A CM 9. Wahiya Wolfpaw, Worcester resident, spoke in favor of item #8.4A CM 10. Ruth Rodriguez-Fay, Worcester resident, spoke in favor of an item not listed on the agenda 11. Keith Scott, Worcester resident, spoke in favor of item #8.4A CM 12. Glen Ford, Worcester resident, spoke in opposition to an item not listed on the agenda 13. Janet Frasier, Worcester resident, spoke in favor of item #8.4A CM 14. Yenni Desroches, Worcester resident, spoke in favor of items #7x CC, #8.4A CM and #11a CC

Laurie Ghiz request the guardrail at the entrance of Lake Ave. North be made more visible during night time with reflective materials in order to increase visibility of the guardrail.

Nam Nguyen request the fire hydrant in the vicinity of Catalpa Cir. and Catalpa St. be fixed and replaced.

Stephen Madaus, on behalf of 318 Park LLC, request Article IX, Section 5 of the Worcester Zoning Ordinance be amended to allow for construction of new mixed-use and multi-family buildings in the Commercial Corridors Overlay District (CCOD) as described in the attached petition.

Thoma Nici et al. request the Zoning Map be amended by extending the BL-1.0 zoning onto the parcels located at 266 Webster St. and 15 Clover St.

Nam Nguyen request Catalpa St. be repaved.

Kristina and Patrick Flanigan et al. request sidewalk repair on Hancock Hill Dr.

Tania Colon et al. request installation of flashing crosswalk lights at the crosswalk in front of 91 Stafford St.

Tania Colon et al. request installation of electronic speed radar at the crosswalk in front of 91 Stafford St.

Roberta Adams request installation of No Parking Anytime signage in front of 197 Eastern Ave.

Eileen Tougas request installation of three (3) speed humps on Mann St.

Representative Mary S. Keefe and Representative Dan Donahue request South St. from the corner of Chapin St. to Shannon St. be made one-way street to allow for more efficient traffic during arrival and dismissal at Union Hill School.

Penelope Aponte request removal of handicap parking space in front of 53-55 Houghton St.

Sally MacDonald request installation of handicap parking space in the vicinity of 81 Whitmarsh Ave.

Janily Lopez request installation of resident permit parking on Barclay St.

Laurie Ghiz request installation of left turn signal on Mountain St. West at the intersection of Mountain St. West, Mountain St. East and West Boylston St.

Ifrad Islam request installation of four-way stop sign at the intersection of June St. and Hadwen Rd.

Corrine Smith et al. request installation of handicap parking space in front of 7 Clifton St.

Councilor Candy Mero-Carlson request installation of resident permit parking on the east side of Mulberry St. from the property line of 24 Mulberry St. to East Central St.

CHARTER COMMUNICATIONS for a conduit location on: ELM ST.

NATIONAL GRID for a conduit location on: DIX ST. and LANCASTER ST.

NATIONAL GRID for a conduit location on: BAY STATE RD. and ONTARIO ST.

NATIONAL GRID for a conduit location on: ONTARIO ST.

EVERSOURCE for a conduit location on: MONTICELLO DR.

Amy Welch et al. request City Council request City Manager consider adopting a lighting ordinance according to the guidelines of the International Dark-Sky Association as described in the attached petition.

Transmitting informational communication regarding the appointment of Sarah Faucher to the Elder Affairs Commission.

Transmitting informational communication relative to the appointment of Avae Quartey to the Worcester Arts Council.

Transmitting informational communications relative to the appointment of James Carmody to Constable

Recommend the appointment of Emmanuel Larbi and the reappoints of Bryon Milward and Michael Murphy to the Community Development Advisory Committee.

Recommend adoption of the attached Salary Ordinance Amendment to eliminate the “Director of Accounts, Public Works” job classification and replace it with a new job classification, “Coordinator of Administration and Finance, Public Works”.Refer to CCM Item 8.38G

Recommend adoption of salary ordinance amendments that will bring the ordinance in compliance with the changes enacted in the Fiscal Year 2023 Budget.

Recommend adoption of salary ordinance amendments necessary to implement the City’s recently completed collective bargaining agreement with Local 911, NEPBA.

Recommend adoption of a salary ordinance amendment necessary to implement the City's recently completed collective bargaining agreement with Local 1009. IAFF.

Transmitting informational communication relative to inclusionary zoning.

Transmitting informational communication relative to CDBG Year 48 recommendations.

Transmitting informational communication relative to the Speed Hump Program.

Transmitting informational communication relative to the City of Worcester being named Tree City USA for thirty-six consecutive years and a recipient of the Growth Award for the twenty-third consecutive year.

Transmitting informational communication relative to an update on the Foley Stadium improvements.

Transmitting informational communication relative to the Urban Forestry Master Plan Initiative.

Transmitting informational communication relative to the Master Plan Initiative for improvements to Blithewood Park.

Transmitting informational communication relative to a report concerning an update regarding ShotSpotter Connect and studies related to ShotSpotter Technology.

Transmitting informational communication relative to training courses at the Worcester Police Department.

Recommend adoption of two (2) ordinances relative to a Rental Registry Program and an Inspection Initiative Program.

Transmitting informational communication relative to the Worcester 311 service.

Transmitting informational communication regarding the potential utilization of Nearmap US.

Transmitting informational communication relative to the Fiscal Year 2022 financial update, as of April 30, 2022.

Transmitting informational communication relative to the DCU Special District Improvement Fund notification.

Recommend that Three Hundred Thirty Thousand Eight Hundred Ninety Eight Dollars And No Cents ($330,898.00) be transferred from Loan Account #91C731A, Water Capital Equipment, and be appropriated to Water Account #45C703, Water Capital Equipment, to allow for the purchase and payment of Mack trucks.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Fifteen Thousand Dollars and No Cents ($15,000.00) from the Blue Cross Blue Shield Foundation for the City's Fitness in the Parks Program.

Recommend adoption of a resolution to accept with gratitude a donation of office furniture, with an estimated value of Forty Thousand Dollars And No Cents ($40,000.00) from Franklin Realty Advisors, for use at the new MassHire Southbridge Career Center.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) from the National Endowment of the Arts (NEA) under the American Rescue Plan Act of 2021 (ARPA) program, which has been awarded to the Worcester Arts Council (WAC).

Recommend adoption of a resolution to accept with gratitude a donation of One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) from PR II / Wood Mulberry Street, LLC., to assist with the potential relocation of the Joe DiMaggio Little League field.

Recommend adoption of a resolution to accept with gratitude an in-kind donation with an approximate value of One Hundred and Twenty Five Dollars and No Cents ($125.00) from the Boston Red Sox Baseball Club, LLC for the Paul J. Moosey Employee of the Year Award.

Recommend that Eighteen Thousand One Hundred Sixty Dollars And No Cents ($18,160.00) be transferred from Account #260-93000, Fire Capital Outlay-Durable Fire Equipment, and be appropriated to Account #260106-92000, Fire Department Ordinary Maintenance Safety Fund, to fund the purchase of updated technologies.

Recommend that Two Million Three Hundred Thirty Five Thousand One Hundred Dollars and No Cents ($2,335,100.00) be transferred as indicated to make adjustments to City operating accounts to utilize funds for unanticipated costs through the remainder of Fiscal Year 2022.

Recommend that One Thousand Nine Hundred Ten Dollars and No cents ($1,910.00) be transferred from Account #1701-91000, Human Resources Regular Salaries, and be appropriated to #1701-92000, Human Resources Ordinary Maintenance, to purchase sunscreen dispensers and sunscreen inserts.

Recommend that Forty Six Thousand Dollars And No Cents ($46,000.00) be transferred from Account #150-91000, Election Salaries, and be appropriated to Account #150-92000, Elections Ordinary Maintenance, to allow for the completion of the 2022 voter mailing, per state voting requirements.

Recommend that Two Hundred Sixty Nine Thousand Eight Hundred Seventy Eight Dollars And Thirty Eight Cents ($269,878.38) be transferred as indicated, to provide sufficient funding for the Cable PEG program for the 4th Quarter of the Fiscal Year 2022.

Recommend that Six Hundred Thousand Dollars And No Cents ($600,000.00) be transferred from Account #250-91000, Police Personal Services, and be appropriated to Account #250-97000, Police Overtime, to provide sufficient overtime funding through the remainder of Fiscal Year 2022.

Recommend an amendment to the Fiscal Year 2022 Table of Organization for the Department of Public Works and Parks, Administration Division.Refer to CCM Item 8.3A

Recommend the adoption of a Loan Order in the amount of Seventy Three Million Ninety Two Thousand Dollars And No Cents ($73,092,000.00) be appropriated to various accounts to pay for costs approved as part of the Fiscal Year 2023 Capital Improvement Plan.

Transmitting informational communication relative to an update on the American Rescue Plan Act (ARPA) Premium Pay expenditure called for by this City Council.

Transmitting informational communication relative to an amendment to City's ARPA Budget.

Transmitting informational communication relative to the department development plans for Cable Services, City Clerk, Elections, and the Police Department.

FROM THE COMMITTEE ON EDUCATION - Request City Manager request City Solicitor provide City Council with a legal opinion as to the process of changing the City Charter as it relates to salaries for elected officials.

FROM THE COMMITTEE ON EDUCATION - Request City Council work to ensure City Council and School Committee districts are parallel, so as to ensure public clarity.

FROM THE COMMITTEE ON EDUCATION - Request City Clerk review polling places throughout the city to ensure said polling places are set in diverse locations.

FROM THE COMMITTEE ON EDUCATION - Request City Manager provide City Council with a report detailing the training being provided to WPD officers and other staff involved in the School Liaison Officer (SLO) model, including cultural responses, equity focused practices and restorative justice models.

FROM THE COMMITTEE ON EDUCATION - Request City Manager work with the School Safety Taskforce to provide City Council with a report concerning the data collected relative to school disciplinary measures, as well as school incidents involving School Liaison Officer intervention.

FROM THE COMMITTEE ON EDUCATION - Request City Manager request City Solicitor provide City Council with a legal opinion relative to whether the city is obligated to adopt the statewide MOU model regarding School Liaison Officers (SLO) until such a time the city adopts its own MOU relative to the SLO model.

FROM THE COMMITTEE ON FINANCE - Request City Manager consider keeping City Council apprised and abreast of the evolution of the Worcester Police Department’s Equity Audit, as well as any delays in other departments’ audits. (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager request Police Chief provide City Council with a report concerning the evolution and expansion of training the Worcester Police Department undertakes, including both required trainings as well as additional trainings requested by the department’s officers. (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager request Police Chief work with representatives from ShotSpotter to provide City Council with a New York University (NYU) Policing Project study relative to the technology’s usage. (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager request Police Chief provide City Council with a report concerning the Police Department’s “Previous Year DDP Highlights” for Fiscal Year 2022 (FY22). (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager request Police Chief work with the Chief Diversity Officer of the Worcester Police Department (WPD) to provide City Council with a presentation relative to the diversity goals of the department. (Rose)

FROM THE COMMITTEE ON FINANCE - Request City Manager request Police Chief create a plan to publicize the new Worcester Police Department (WPD) Precinct Maps. (Rose)

FROM THE COMMITTEE ON FINANCE - Request City Manager request Fire Chief work with the Chief Diversity Officer of the Worcester Fire Department (WFD) to provide City Council with a presentation relative to the diversity goals of the department. (Rose)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning the number of languages spoken and available through the language bank to residents calling the Emergency Communications Department. (Toomey)

FROM THE COMMITTEE ON FINANCE - Request City Manager ensure the Director of Human Resources and Chief Diversity Officer work with the Director of Emergency Communications to conduct exit interviews and surveys, as a means of increasing retention and analyzing the staffing of the Emergency Communications department. (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report how data collected within the Emergency Communications department informed improvements relative to dispatching emergency calls during shift changes. (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report relative to data as to the linguistic capacity and efforts being made in response times within the Emergency Communications department. (King)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report relative to response times associated with the Worcester Police Department (WPD) responding to emergency calls. (King)

FROM THE COMMITTEE ON MUNICIPAL AND LEGISLATIVE OPERATIONS - Request City Manager request City Solicitor provide City Council with report concerning the exact language pertaining to the nomination and appointment of Acting City Managers and City Managers.

FROM THE COMMITTEE ON MUNICIPAL AND LEGISLATIVE OPERATIONS - Request City Manager request City Solicitor provide City Council with a report detailing the status of the nomination of Assistant City Manager Eric D. Batista to Acting City Manager, specifically as it relates to whether the nomination is not resolved until such a time that a contract is signed.

Request City Manager assess and implement all means/methods of public communication to promote Worcester’s 300th anniversary events. (Bergman, Mero-Carlson)

Request City Manager consider creating a policy that requires owners of rental properties to maintain insurance on their properties and to provide the city proof of same. (Bergman, Mero-Carlson)

Request City Manager provide City Council with a report detailing the status of completing improvements and/or the creation a Master Plan for Chandler Hill Park. (Mero-Carlson)

Request City Manager provide alternative methods for city residents to respond to the Worcester Now | Next Survey. Such methods should include mail-in and call-in options. Further, request City Manager create a robust marketing campaign to ensure residents are aware of said survey, including advertising within Worcester Public Schools, Senior Centers and neighborhood groups. (Toomey, Mero-Carlson)

That the Rules of City Council of the City of Worcester be and are hereby amended, to take effect at the next regular meeting of the City Council: Rule 61. No Speaking for More Than Twenty Minutes During Finance Committee Meetings. After being recognized by the chair no councilor shall speak for more than ten (10) minutes at a time nor more than twenty (20) minutes total on any agenda item, or a group of calendar items taken collectively. The chair may grant additional time to any councilor if comments made by the city manager or other individuals in response to questions have taken an unusual amount of time. The chair shall make note of the time each member is recognized. Whenever any member substantially exceeds ten minutes during their first time speaking on an item, the chair may rule that the member is being allocated their second ten minutes and the member shall be deemed to have waived their right to speak twice on an item. (Toomey, Mero-Carlson)

That the City Council of the City of Worcester does hereby call upon the Great and General Court of the Commonwealth of Massachusetts to join with other states in the passage of so-called “sanctuary” laws to ensure trans individuals and their families have “the power of enjoying, in safety and tranquility, their natural rights and the blessings of life,” as guaranteed by the Constitution of the Commonwealth. (Nguyen)

REPORT OF THE PLANNING BOARD Upon the Petition of Sergio Melgar, Executive Vice President & CFO of UMass Memorial Healthcare, Inc., request the Zoning Map be amended by revising the zoning designation of a parcel of land known as and located at 378 Plantation St. from RL-7 to IN-H in its entirety.

Recommend adoption of an order relative to the attached draft Request for Proposals (RFP) regarding to the search for a premiere executive search firms to aid in an executive search to select a permanent City Manager. Further, transmitting information detailing sample RFPs from other communities, as well as previous City of Worcester RFPs for similar executive searches such as City Manager and Superintendent of Public Schools.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting informational communication relative to the FY23 Water and Sewer Rates: recommend passage of the two (2) accompanying proposed Ordinances.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting supplemental information and communication relative to the FY23 water and sewer rates: recommend Communication be filed.

REPORT OF THE COMMITTEE ON MUNICIPAL AND LEGISLATIVE OPERATIONS Upon the Order of Mayor Joseph M. Petty – Request Standing Committee on Municipal and Legislative Operations meet in Executive Session for the purpose of discussing the contract and salary associated with the hiring of Acting City Manager Eric D. Batista: recommend approval of an Order that City Council does hereby appoint Eric D. Batista as Acting City Manager effective June 1, 2022 at 12:01 a.m. and that authorizes Mayor Joseph M. Petty on behalf of the City Council to execute the finalized employment contract with Mr. Batista, as well as a Salary Ordinance amendment implementing one provision associated with said appointment.

That the sum of Twenty Three Million Dollars And No Cents ($23,000,000.00) be appropriated to Account #91C7113T, Doherty High MSBA, to pay for costs associated with the construction and furnishing of a replacement Doherty High School at 299 Highland Street, to include the demolition and environmental remediation of the existing school, including the payment of costs incidental and related thereto. The proposed project (collectively, the “Project”) shall have an anticipated useful life as an educational facility for the instruction of school children of at least fifty (50) years and for which the City may be eligible for a grant from the Massachusetts School Building Authority (“MSBA”); to meet this appropriation the City Treasurer and Collector of Taxes, with the approval of the City Manager is hereby authorized to borrow the sum of Twenty Three Million Dollars And No Cents ($23,000,000.00) under and pursuant to M.G.L. Chapter 44, Section 7, Clause 1/Chapter 70B, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefor. The City acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive for the Project shall not exceed the lesser of (1) Eighty percent of eligible, approved costs, determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; and that the amount of borrowing authorized pursuant to this order shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City and the MSBA. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

REPORT OF THE COMMITTEE ON URBAN TECHNOLOGIES, INNOVATION AND ENVIRONMENT Upon the Communication of City Manager Transmitting informational communication relative to the Executive Order Establishing Oversight and Control Over Surveillance Technology and the use of orthographic imagery from Nearmap US. Inc: recommend adoption of the accompanying Order. (Tabled Under Privilege - Russell May 10, 2022)

ORDER of Councilor Konstantina B. Lukes - Request City Manager request City Solicitor provide City Council with a legal opinion regarding the process of instituting a residential rent control program and the resulting impact of implementing such a program. (Tabled Under Privilege - Lukes September 17, 2019 and September 24, 2019 and Tabled - Lukes October 15, 2019)

RESOLUTION of Councilor Khrystian E. King - That the City Council of the City of Worcester does hereby support Representative Rebecca Rauch and Senator Sonia Chang-Diaz’s SD 699 HD 1283, An Act effectuating equity in COVID-19 Vaccination Bill. (Tabled Under Privilege - Bergman February 9, 2021 and Tabled - Bergman February 23, 2021)

ORDER of Councilor Sarai Rivera - Request City Clerk research the feasibility of authorizing legal residents who have not been naturalized yet to vote in elections at the local level. (Tabled Under Privilege - Mero-Carlson October 26, 2021 and Tabled Under Privilege - Petty November 9, 2021 and Tabled - Rivera November 16, 2021)

ORDER of Councilor Sarai Rivera - Request City Manager consider prioritizing American Rescue Plan Act (ARPA) funding for REC Worcester’s capital project involving the development of the new REC Worcester headquarters and Center for Food Justice and Urban Agriculture (for Worcester and Central Massachusetts), in an effort to support community food security, as well as youth development and employment. (Tabled Under Privilege - Mero-Carlson October 26, 2021 and Tabled Under Privilege - Petty November 9, 2021 and Tabled - Rivera November 16, 2021)

ORDER of Councilor Sarai Rivera – Request City Manager identify fundraising opportunities associated with aiding the Haitian Refugee community in the city. Further, request City Manager identify barriers associated with supporting said community. – Item #19a CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

RESOLUTION of Councilor Morris A. Bergman – That the City Council of the City of Worcester does hereby reaffirm its desire for the Worcester Regional Transit Authority “WRTA” to remain “fare-free.” – Item #19b CC Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with a report concerning any federal funding due to COVID-19 was received by the WRTA and if said funding could be used to continue fare-free ridership. – Item #19c CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Candy Mero-Carlson – Request City Manager work with the WRTA Administrator to provide City Council with data relative to how many individuals have rode WRTA busses during fare-free ridership, whether there are enough transportation and para transportation vehicles in their fleet and how many yellow cabs are used to transport individuals. – Item #19d CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

Motion King @ #8.4A CM – Request City Manager provide City Council with a report concerning the current ordinances used in other communities, such as Boston, relative to inclusionary zoning.

Motion Russell @ #8.4A CM – Request City Manager provide City Council with a report listing the homes purchased in the city in the last year that includes information relative to whether the purchaser is occupying the home or using the home as an investment property, as well as whether any investment owners are from the city or elsewhere.

Motion Toomey @ #8.9A CM – Request City Manager post information on the city’s website as to how residents can get trees planted on their properties.