CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 22, 2022

Esther Howland (South) Chamber

Convened: 6:33 P.M.

Recessed to Executive Session: 7:30 P.M. Adjourned from Executive Session: 8:35 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Eric D. Batista

City Auditor
Robert V. Stearns

Councilors

Morris A. Bergman Donna M. Colorio
Etel Haxhiaj Khrystian E. King
Candy Mero-Carlson Thu Nguyen City Clerk
Nikolin Vangjeli
Sarai Rivera Sean M. Rose
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER

3.

ROLL CALL - All present with the Mayor as the Chair. Councilor Bergman, Councilor King, Councilor Nguyen and Councilor Rose participated in the meeting remotely.

4.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

4a.

MOMENT OF SILENCE in memory of the five (5) individuals killed at LGBTQ nightclub in Colorado Springs, victims of the Brandeis University bus crash, victims of the SUV crash at the Apple Store in Hingham, the three (3) University of Virginia football players killed in a shooting at the school and those individuals remembered on Transgender Day of Remembrance.

 

4b.

Mayor Petty read a Proclamation declaring November 20th, 2022 as World Day of Remembrance in the city, recognizing residents who have been impacted by a preventable traffic crash. The Proclamation was present to Karin Valentine Goins, Chairperson of Walk Bike Worcester, who spoke concerning the item.

 

5.

APPROVAL OF THE MINUTES

5a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of October 25, 2022.

Attachments

Mayor Petty read the item and moved for a roll call vote to adopt the item. Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

6.

PUBLIC PARTICIPATION

6a.

Mayor Petty read the item and recognized the following speakers: 1. Fred Nathan, Worcester resident, spoke in opposition of item #10g CC and in favor of item #8a CC 2. Liliana Rosado Gaul, Worcester resident, spoke in favor of item #16n CC 3. Greg Degermajian, Worcester resident, spoke in favor of item #10d CC 4. Brittany Kruger, Worcester resident, spoke in favor of item #10b CC 5. Bob Bazinet, Grafton resident, spoke in favor of item #9j CC

 

7.

TAX CLASSIFICATION HEARING

7a.

Hearing: To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2023.

Mayor Petty read the item and moved to take the item up collectively with items #7b CC and #7c CC. Mayor Petty moved to Table the Items Under Privilege. Tabled Under Privilege - Petty

 

7b.

COMMUNICATION of the City Manager transmitting communication relative to the Fiscal Year 2023 Tax Classification package. (Submitted to City Council on November 15, 2022)

Attachments

Tabled Under Privilege - Petty (See Item #7a CC)

 

7c.

COMMUNICATION of the City Manager transmitting informational communication relative to frequently asked questions during the tax rate process. (Submitted to City Council on November 15, 2022)

Attachments

Tabled Under Privilege - Petty (See Item #7a CC)

 

8.

RECESS TO EXECUTIVE SESSION

8a.

That the City Council of the City of Worcester convene in Executive Session at its November 22, 2022 meeting immediately following the conclusion of the City Council agenda for the purpose of negotiating a contract of about two (2) years, subject to negotiation, appointing Eric D. Batista as the city’s permanent City Manager.

Attachments

Mayor Petty read the item and moved for a roll call vote to adopt the item. Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

9.

PETITIONS

9a.

Melissa Byrne request installation of new black metal park bench in front of 359 Main St.

Attachments

Mayor Petty read the item and moved for a roll call vote to refer the item to the Department of Public Works and Parks. Referred to the Department of Public Works and Parks on a roll call vote of 11 Yeas and 0 Nays

 

9b.

Sherri Ford request installation of handicap parking space large enough for two (2) vehicles in front of 56 Windsor St.

Attachments

Mayor Petty read the item and moved for a roll call vote to refer items #9b CC through #9i CC to Traffic and Parking Committee. Referred to Traffic and Parking Committee on a roll call vote of 11 Yeas and 0 Nays

 

9c.

Kenneth Ducharme request installation of handicap parking space in front of 315 Lovell St.

Attachments

Referred to Traffic and Parking Committee on a roll call vote of 11 Yeas and 0 Nays (See Item #9b CC)

 

9d.

Mary Sisko request installation of handicap parking space in front of 52 Plantation St.

Attachments

Referred to Traffic and Parking Committee on a roll call vote of 11 Yeas and 0 Nays (See Item #9b CC)

 

9e.

Elia Brisita request installation of handicap parking space in front of 209 Constitution Ave.

Attachments

Referred to Traffic and Parking Committee on a roll call vote of 11 Yeas and 0 Nays (See Item #9b CC)

 

9f.

Gisselle Morataya and Denia Teo request installation of no parking anytime across from 2 Lanesboro Rd.

Attachments

Referred to Traffic and Parking Committee on a roll call vote of 11 Yeas and 0 Nays (See Item #9b CC)

 

9g.

Judith Shocik request installation of street markings on Stafford St. to separate the cars going straight and the cars turning down James St., including an "only arrow" on Stafford St. turning onto James St.

Attachments

Referred to Traffic and Parking Committee on a roll call vote of 11 Yeas and 0 Nays (See Item #9b CC)

 

9h.

Paul Alony request the yield sign for cars making a right turn to Webster St. on Hope Ave. at the rotary at Webster St., Hope Ave. and N. Oxford St. be either replaced with a stop sign or relocated to ensure increased visibility for the drivers.

Attachments

Referred to Traffic and Parking Committee on a roll call vote of 11 Yeas and 0 Nays (See Item #9b CC)

 

9i.

Councilor Morris A. Bergman request installation of a “Steep Hill” sign or similar signage on Eames Rd., opposite of Stanley Rd.

Attachments

Referred to Traffic and Parking Committee on a roll call vote of 11 Yeas and 0 Nays (See Item #9b CC)

 

9j.

Councilor Morris A. Bergman on behalf of Robert and Robin Bazinet request the creation of a public memorial on the Common for World War II soldiers who died in connection with their service but are otherwise not recognized.

Attachments

Mayor Petty read the item and moved for a roll call vote to refer the item to Veterans' Memorials, Parks and Recreation Committee. Referred to Veterans' Memorials, Parks and Recreation Committee on a roll call vote of 11 Yeas and 0 Nays

 

9k.

NATIONAL GRID for a conduit location on: CHILMARK ST.

Attachments

Mayor Petty read the item and moved for a roll call vote to set hearings for items #9k CC through #9m CC on November 29, 2022 at 6:30 p.m. Hearing set for November 29, 2022 at 6:30 p.m. on a roll call vote of 11 Yeas and 0 Nays

 

9l.

NATIONAL GRID for a conduit location on: HANCOCK HILL DR.

Attachments

Hearing set for November 29, 2022 at 6:30 p.m. on a roll call vote of 11 Yeas and 0 Nays (See Item #9k CC)

 

9m.

NATIONAL GRID for a pole location on: DOMINION RD.

Attachments

Hearing set for November 29, 2022 at 6:30 p.m. on a roll call vote of 11 Yeas and 0 Nays (See Item #9k CC)

 

10.

ORDERS

10a.

Request City Manager request Commissioner of Public Works and Parks explore the feasibility of creating a program for mattress/box-spring drop-off, which would be utilized at a regular interval while the Bulk Waste program is on winter hiatus. (Bergman)

Attachments

Mayor Petty read the item and recognized Councilor Bergman, who spoke concerning the item. Mayor Petty moved for a roll call vote to adopt the item. Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

10b.

Request City Manager request Commissioner of Health and Services purchase winter outreach items to be provided to the city’s unhoused outreach team and any direct service partner organizations to be distributed as soon as possible this winter. Winter Outreach items include but are not limited to socks, thermal undergarments, sleeping bags, hoodies, sweatpants, hand warmers, menstrual products and bottled water. (Nguyen)

Attachments

Mayor Petty read the item and recognized Councilor Nguyen, who spoke concerning the item. Mayor Petty recognized Councilor Toomey, who moved to, “Request City Manager provide City Council with a list of agencies, churches and social service organizations who provide homeless individuals with winter outreach items.” (See Item #17a CC). Mayor Petty moved for a roll call vote to adopt the item. Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

10c.

Request City Manager implement a program starting in 2023 to provide free menstrual products in all bathrooms in publicly owned facilities like Austin, TX, Brookline, MA and Burlington, VT, prioritizing bathrooms accessible to people experiencing homelessness, city owned recreation centers, summer camps and libraries for young people, and public health facilities. (See attached for additional information). (Nguyen)

Attachments

Mayor Petty read the item and recognized Councilor Nguyen, who spoke concerning the item. Mayor Petty recognized Councilor King, who moved to add his name as a sponsor of the item. Councilor King then moved to amend the item: “Further, request City Manager provide City Council with a timeline associated with implementing such a program.” Mayor Petty recognized Councilor Rivera, who moved to add her name as a sponsor of the item. Councilor Rivera then moved to amend the item, “Further, request City Manager consider providing information and education relative to menstrual product cost in schools and various community building.” Mayor Petty recognized Councilor Rose, who moved to add his name as a sponsor of the item. Mayor Petty moved for a roll call vote to adopt the item as amended. Order adopted as amended on a roll call vote of 11 Yeas and 0 Nays

 

10d.

Request City Manager consider providing additional support to the Main South Worcester Ambassador Program. (Rivera)

Attachments

Mayor Petty read the item and recognized Councilor Rivera, who moved to Table the Item Under Privilege. Tabled Under Privilege - Rivera

 

10e.

Request City Manager provide City Council with a report concerning the effectiveness of the Worcester 311 Program. (Rivera)

Attachments

Mayor Petty read the item and recognized Councilor Rivera, who spoke concerning the item. Mayor Petty moved for a roll call vote to adopt the item. Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

10f.

Request City Manager consider transferring the proceeds from the sale of 521 Sunderland Rd., Lots 1, 2 and 3, to the Affordable Housing Trust Fund (AHTF). (Rivera)

Attachments

Mayor Petty read the item and recognized Councilor Rivera, who spoke concerning the item. Mayor Petty recognized the Acting City Manager, who responded to questions raised by Councilor Rivera. Mayor Petty moved for a roll call vote to place the item on file. Placed on file on a roll call vote of 11 Yeas and 0 Nays

 

10g.

Request City Manager request Assistant Commissioner of Public Works and Parks make appropriate upgrades to dog parks around the City and to identify appropriate funding, including the possibility of utilizing American Rescue Plan Act (ARPA) funds. (King)

Attachments

Mayor Petty read the item and recognized Councilor King, who moved to Table the Item Under Privilege. Tabled Under Privilege - King

 

10h.

Request City Manager provide City Council with a report relative to the next steps in implementing the Community Preservation Act (CPA). (King)

Attachments

Mayor Petty read the item and recognized Councilor King, who spoke concerning the item. Mayor Petty recognized the City Clerk, who responded to questions raised by Councilor King. Councilor King then moved to, “Request City Clerk provide City Council with a report detailing information relative to providing notice of acceptance associated with the Community Preservation Act (CPA), as well as the specific language that was approved by the city, in order to determine whether the surcharge will be applicable for this fiscal year or next.” (See Item #17b CC). Councilor King then moved to, “Request City Manager provide City Council with a report concerning actions being taken by the city to organize a community committee associated with the Community Preservation Act (CPA) for the purpose of dispersing funds associated with the act, as well as any matches the city plans to make moving forward. Further, request City Manager include in said report a roadmap the city will follow relative to dispersing funds as well as what strategies have worked in other communities.” (See Item #17c CC). Mayor Petty recognized the Acting City Manager, who responded to questions raised by Councilor King. Mayor Petty recognized Councilor Rose, who moved to amend the item: “Further, request City Manager provide City Council with a report concerning the impact the Community Preservation Act (CPA) will have on commercial and industrial properties.” Mayor Petty moved for a roll call vote to adopt the item as amended. Order adopted as amended on a roll call vote of 11 Yeas and 0 Nays

 

10i.

Request City Manager introduce plans for building new City pools and spray parks, along with identifying the appropriate funding, including the possibility of utilizing American Rescue Plan Act (ARPA) funds. (King)

Attachments

Mayor Petty read the item and recognized Councilor King, who moved to Table the Item Under Privilege. Tabled Under Privilege - King

 

10j.

Request City Manager request Police Chief provide City Council with an update concerning body cameras. Further, request said update include information relative to contract negotiations relative to body camera use with the Police Union, a timeline for full implementation of body camera assignment and usage. Further, request said update also include information as to finalized body camera policies. (King)

Attachments

Mayor Petty read the item and recognized Councilor King, who spoke concerning the item. Mayor Petty recognized the Acting City Manager, who responded to questions raised by Councilor King. Mayor Petty recognized Councilor Nguyen, who moved to amend the item: “Further, request City Manager reach out to the ACLU to ensure their feedback relative to the WPD’s Body-Worn Camera policy is addressed.” Mayor Petty moved for a roll call vote to adopt the item as amended. Order adopted as amended on a roll call vote 11

 

10k.

Request City Manager request Commissioner of Public Works and Parks review all bridges and associated under/over passes to ensure sufficient lighting is in place. (Bergman)

Attachments

Mayor Petty read the item and recognized Councilor Bergman, who spoke concerning the item. Mayor Petty recognized Councilor Rivera, who moved to add her name as a sponsor of the item. Mayor Petty moved for a roll call vote to adopt the item. Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

11.

RECESS TO FINANCE COMMITTEE - No items pending

12.

COMMUNICATION OF THE CITY CLERK

12a.

Transmitting an informational communication relative the five (5) City Manager Community Listening Sessions.

Attachments

Mayor Petty read the item and moved for a roll call vote to adopt the item. Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

13.

REPORTS OF THE COMMITTEE ON ECONOMIC DEVELOPMENT

13a.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Brendan Gove and Dale Benander request request the Zoning Map be amended by extending the Business General (BG-3.0) and Commercial Corridors Overlay District - Elsewhere (CCOD-E) onto a parcel located at 17 Hermon St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Mayor Petty read the item and moved to advertise the proposed Ordinances associated with item #13a CC and #13b CC. Voted to advertise proposed Ordinance on a roll call vote of 11 Yeas and 0 Nays

 

13b.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Mark Borenstein, Esq. request the Zoning Map be amended by changing the zoning designation of the property located at and known as 96 and 98-100 Beacon St. from the current zoning designation of Manufacturing, General (MG-2.0) to Business, General (BG-6.0) and Commercial Corridors Overlay District - Downtown (CCOD-D), as shown on the plan attached hereto: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed Ordinance on a roll call vote of 11 Yeas and 0 Nays (See Item #13a CC)

 

14.

REPORTS OF THE COMMITTEE ON PUBLIC WORKS

14a.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Candy Mero-Carlson request installation of guardrails from the entrance of the David Clark Company, 360 Franklin St., to the corner of In front Suffolk St. and Norfolk St.: recommend adoption of the accompanying Order.

Attachments

Mayor Petty read the item and moved for a roll call vote to accept and adopt the item. Accepted and Adopted on a roll call vote of 11 Yeas and 0 Nays

 

14b.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Shubbhi Taneja request installation of guardrail at the corner of 46 Rudolph St. and Sunderland Rd.: recommend Petitioner be given leave to withdraw.

Attachments

Mayor Petty read the item and moved for a roll call vote to accept items #14b CC through #14e CC. Accepted on a roll call vote of 11 Yeas and 0 Nays

 

14c.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Noelle Kenney request installation of guardrail in front of 88A Loxwood St.: recommend Petition be denied.

Attachments

Accepted (See Item #14b CC)

 

14d.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Etel Haxhiaj on behalf of Stacy Fletcher request installation of a guardrail in front of 25 St. Kevin Rd.: recommend Petition be denied.

Attachments

Accepted (See Item #14b CC)

 

14e.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to sewer abatements and betterments; including predetermined assessment for Winnipeg Street and St. Louis Street: recommend Communication be placed on file.

Attachments

Accepted (See Item #14b CC)

 

15.

TABLED ITEMS

15a.

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)

Attachments

No action taken

 

15b.

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)

Attachments

No action taken

 

15c.

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)

Attachments

No action taken

 

15d.

CHAIRMAN'S ORDER 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. (Tabled Under Privilege - Mero-Carlson May 24, 2022 and June 7, 2022 and Tabled - Petty June 14, 2022)

Attachments

No action taken

 

16.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the November 15, 2022 City Council meeting.

16a.

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a report concerning interdepartmental response associated with a building being condemned, as a result of natural disaster, fire or construction, including changes in practice, procedure and/or policy. – Item #22a CC Order adopted

 

16b.

ORDER of Councilor Khrystian E. King – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report comparing the city’s hourly pay rates for the Winter Operations hired equipment with neighboring communities. – Item #22b CC Order adopted

 

16c.

ORDER of Councilor Kathleen M. Toomey – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report comparing the city’s hourly pay rates for the Winter Operations hired equipment with similarly sized communities. – Item #22c CC Order adopted

 

16d.

ORDER of Councilor Kathleen M. Toomey – Request City Manager request Commissioner of Inspectional Services work with the Commissioner of Public Works and Parks to provide City Council with a report determining construction timetables and any correlation said construction may have had with an increase in rodent related nuisance issues in those areas. – Item #22d CC Order adopted

 

16e.

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with benchmarks and goals as it pertains to assessing the job performance of the City Manager position. – Item #22e CC Order adopted

 

16f.

ORDER of Mayor Joseph M. Petty – Request City Council conduct public meetings to allow for public discussion of the City Manager position and its goals. – Item #22f CC Order adopted

 

16g.

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with Eric D. Batista’s resume and job experience as it pertains to his appointment as the next City Manager. – Item #22g CC Order adopted

 

16h.

ORDER of Councilor Khrystian E. King – Request City Manager request Commissioner of Inspectional Services provide City Council with a report detailing the backlog of properties as it relates to inspections for the property. – Item #22h CC Order adopted

 

16i.

ORDER of Councilor Thu Nguyen – Request City Manager provide City Council with an update concerning the physical condition of all city buildings, including roof and ceiling leaks, air ducts, elevators and any other problem areas, with a cost estimate and timeline for repairs. – Item #22i CC Order adopted

 

16j.

ORDER of Councilor George J. Russell – Request City Manager work with the State Legislature to advocate for passage of the city’s Home Rule Petition relative to private street conversion. – Item #22j CC Order adopted

 

16k.

ORDER of Councilor Khrystian E. King – Request City Manager request Police Chief provide City Council with a routine report providing updates as it relates to the recently created policing precincts and the efficacy of same. – Item #22k CC Order adopted

 

16l.

ORDER of Councilor Khrystian E. King – Request City Manager request Police Chief provide City Council with a report concerning response times for varying levels of emergency calls. – Item #22l CC Order adopted

 

16m.

ORDER of Councilor Khrystian E. King – Request City Manager post the contact information of the Department of Justice prominently on the city’s website, including the department’s email and phone number, to allow individuals to report civil rights violations. – Item #22m CC Order adopted

 

16n.

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a report concerning the process the Department of Justice uses to pre-investigate communities to determine whether to move forward on formal investigations of their police departments. – Item #22n CC Order adopted

 

17.

NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the November 22, 2022 City Council meeting.

17a.

Motion Toomey @ #10b CC – Request City Manager provide City Council with a list of agencies, churches and social service organizations who provide homeless individuals with winter outreach items.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays (See Item #10b CC)

 

17b.

Motion King @ #10h CC – Request City Clerk provide City Council with a report detailing information relative to providing notice of acceptance associated with the Community Preservation Act (CPA), as well as the specific language that was approved by the city, in order to determine whether the surcharge will be applicable for this fiscal year or next.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays (See Item #10h CC)

 

17c.

Motion King @ #10h CC – Request City Manager provide City Council with a report concerning actions being taken by the city to organize a community committee associated with the Community Preservation Act (CPA) for the purpose of dispersing funds associated with the act, as well as any matches the city plans to make moving forward. Further, request City Manager include in said report a roadmap the city will follow relative to dispersing funds as well as what strategies have worked in other communities.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays (See Item #10h CC)