CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 24, 2023

Esther Howland (South) Chamber

Convened: 6:33 P.M.

Recessed to Executive Session: 7:36 P.M. Reconvened from Executive Session: 8:14 P.M. Adjourned: 8:16 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Eric D. Batista

City Auditor
Robert V. Stearns

Councilors

MOMENT OF SILENCE in memory of Darcy Schwartz, who passed away on Sunday, January 22, 2023. Ms. Schwartz was the owner of the community art studio ArtReach, which provided residents with creative classes, workshops, and many other opportunities in an effort to encourage the community to produce art.

MOMENT OF SILENCE in memory of the eleven people killed in Monterey Park, California following an earlier all-day Lunar New Year Festival Celebration. The incident is the deadliest mass shooting in the history of Los Angeles County.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of January 10, 2023.

Mayor Petty read the item and recognized the following speakers: 1. Idella Hazard, Worcester resident, spoke in favor of item #9.15A CM 2. Frank Callahan, Worcester resident, spoke in favor of item #9.4C CM 3. Colin Novick, Worcester resident, spoke in opposition to item #8b CC 4. William Bilotta, Worcester resident, spoke in opposition to item #8k CC

That the City Council of the City of Worcester convene in Executive Session at its January 24, 2023, meeting immediately following the conclusion of the City Council agenda to conduct contract negotiations with City Auditor Robert V. Stearns, and to conduct contract negotiations with City Manager Eric D. Batista. The City Council will reconvene in Open Session at the end of the executive session.

Councilor Etel Haxhiaj on behalf of Thomas O’Connell request sidewalk repair on Delaware St.

Councilor Etel Haxhiaj on behalf of Thomas O’Connell request sidewalk repair on New York St.

Stephan Williams request installation of stop signage on Institute Rd. at the intersection with Westland St.

Stephan and Pamela Williams request installation of No Parking Anytime on Institute Rd. to prevent parking on the south side of Institute Rd. within 20 feet of the intersection with Westland St.

Tara Berry et al. request installation of a four-way stop sign at the intersection of Dorchester St. and Arthur St.

Councilor Donna M. Colorio request a traffic study be completed on Tyson Rd. to determine the appropriateness of installing a truck ban/weight restriction for traffic travelling on the road.

Gordon Duncan request Haviland St. be reviewed for installation of speed humps and/or other traffic calming measures.

Gordon Duncan request Germain St. be reviewed for installation of speed humps and/or other traffic calming measures.

CHARTER COMMUNICATIONS for a conduit location on: MARBLE ST.

Gerardo Schiano, Esq. request City Council request City Manager consider implementing an optional electronic paperless billing/correspondence system for City residents as a cost-saving measure and in furtherance of sustainability and resiliency efforts as set forth in the Green Worcester Sustainability and Resilience Strategic Plan.

William Bilotta Jr. request City Council request City Manager consider providing City Council with an ordinance to ban hunting in the City of Worcester by any means as defined in M.G.L Chapter 131 Sec. 1.

Transmitting informational communication relative to the appointment of Stephen Mita as a Constable for a 3-year term to expire in December 2025.

Recommend the appointment of Amaris Gonzalez to the Advisory Committee on the Status of Women with a term to expire on August 31, 2025.

Transmitting informational communication relative to an update of the Architectural Heritage Foundation, Inc. regarding the Auditorium.

Recommend adoption of an order regarding the jurisdiction and disposition of real property at 0 Apricot Street.

Recommend adoption of an Organizational Ordinance relative to the Community Preservation Act.

Transmitting informational communication regarding the activities of the ad hoc Albany Street Committee and the Urban Land Institute Technical Assistance Panel.

Transmitting informational communication relative to a report concerning the feasibility of implementing a vacant property ordinance to include information as to how the City of Revere Vacant Property Ordinance and the city of Wilmington, Delaware’s ordinance are structured and their successes with their programs.

Recommend that Two Million Dollars And No Cents ($2,000,000.00) be transferred from Account #45C722, Water Transmission Mains, and be appropriated to Account #45C721, Water Mains, to allow for contractually obligated payments.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Five Hundred Thirty Thousand Dollars And No Cents ($530,000.00) from Massachusetts Executive Office of Elder Affairs under the COA Formula and Service Incentive program.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Twenty Five Thousand Dollars And No Cents ($25,000.00) from Friends of Worcester's Senior Center, Inc. for Fiscal Year 2024 support of Worcester Senior Center.

Recommend adoption of a resolution to file, accept, and expend a grant in the amount of Two Hundred Twenty Sixty Thousand Six Hundred Dollars and No Cents ($226,600.00) from the Massachusetts Cultural Council (MCC).

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Account #450-91000, Water Personal Services, and be appropriated to Account #450-92000, Water Ordinary Maintenance, to cover expenses through the remainder of Fiscal Year 2023.

Nikolin Vangjeli, City Clerk, transmitting a request for review and approval to authorize the City Manager to resubmit the attached statements of interest to the Massachusetts School Building Authority (MSBA) that were approved by the Worcester School Committee at their January 19, 2023 meeting.

Amending the Salary Ordinance of August 20, 1996 Occupational Group A - Administrative and Supervisory for Multiple Positions. Amending the Salary Ordinance of August 20, 1996 Occupational Group P - Foreman and Supervisor for Multiple Positions.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Order of Councilor Morris A. Bergman and Councilor Candy Mero-Carlson - Request Standing Committee on Public Service and Transportation Committee hold a public discussion with the WRTA Administrator relative to the removal of a bus route that passes the EcoTarium, 222 Harrington Way: recommend Communication be placed on file. (Tabled Under Privilege - Bergman January 17, 2023)

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Order of Councilor Sarai Rivera and Councilor Khrystian E. King - Request Standing Committee on Public Service and Transportation meet with the WRTA Administrator to provide City Council with a report concerning the WRTA’s winter weather plan, especially including information as to how snow will be removed at each of the bus stops: recommend Order be placed on file. (Tabled Under Privilege - Bergman January 17, 2023)

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 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)

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)

ORDER of Councilor Candy Mero-Carlson – That the City Council of the City of Worcester will hereby convene in Executive Session at the conclusion of its January 24, 2023 meeting for the purpose of negotiating a contract with City Auditor Robert V. Stearns. – Item #16a CC Order adopted on a roll call vote of 10 Yeas and 0 Nays

ORDER of Councilor Kathleen M. Toomey – Request City Manager request City Solicitor provide City Council with a legal opinion relative to the feasibility of building Payment in Lieu of Taxes (PILOT) agreements with colleges and universities in the city based on their various properties that are not used for educational purposes, such as their dormitories. – Item #16b CC Order adopted on a roll call vote of 10 Yeas and 0 Nays

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with an updated report concerning which Payment in Lieu of Taxes (PILOT) agreements the city has had with colleges/universities, as well as other nonprofits, have elapsed, as well as which agreements are still in effect. – Item #16c CC Order adopted on a roll call vote of 10 Yeas and 0 Nays

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with an updated list of all properties purchased by nonprofits in the city. Said list should separate out the various types of nonprofit entities. – Item #16d CC Order adopted on a roll call vote of 10 Yeas and 0 Nays

ORDER of Councilor Sean M. Rose – Request City Manager request Police Chief provide City Council with a report concerning vehicle safety tips the public can follow in the event of their vehicle or vehicle parts being stolen. – Item #16e Cc Order adopted on a roll call vote of 10 Yeas and 0 Nays

ORDER of Councilor Khrystian E. King – Request City Manager work with the WRTA Administrator to provide City Council with a documented delineation of responsibilities as it relates to snow removal in the vicinity of bus stops. – Item #16f CC Order adopted on a roll call vote of 10 Yeas and 0 Nays

ORDER of Councilor Sarai Rivera – Request City Manager request Director of Transportation and Mobility review the crosswalk at the intersection of May St. and Hammond St. for the purpose of improving safety for pedestrians at the crosswalk. – Item #16g CC Order adopted on a roll call vote of 10 Yeas and 0 Nays

Motion Colorio @ #9.4C CM – Request City Manager provide City Council with a report concerning whether the Community Preservation Act (CPA) can be repealed in the city, and if so, when it would be able to be repealed.

Motion King @ #9.4C CM – Request City Manager provide City Council with a report concerning the composition Community Preservation Committees have in other municipalities.

Motion Colorio @ #9.15A CM – Request City Manager request Commissioner of Inspectional Services provide City Council with a report listed all vacant and abandoned properties in the city by district. Further, request Commissioner of Inspectional Services provide City Council with a report concerning the criteria for being defined as a nuisance property in the city, when such criteria becomes available.

Motion Haxhiaj @ #9.15A CM – Request City Manager provide City Council with a report concerning the costs and penalties levied against the property at 195 Mill St., known as Big D, as well as the property on Park Ave. abutting Beaver Brook Park.

Motion Bergman @ #11a CC – Request City Manager provide City Council with a report concerning delineating the function and supervision of the Forestry Division at the Department of Public Works and Parks.

Motion Colorio – Suspension of Rules – Request City Manager request City Assessor provide City Council with a report reviewing the abatement process associated with the city's real estate taxes. Further, request City Manager request City Assessor provide residents with additional outreach to ensure individuals are aware the deadline for filing an abatement request is due on February 2, 2023.

Motion Nguyen – Suspension of Rules – Request City Manager work with the Worcester Regional Transit Authority (WRTA) Administrator to provide City Council with a report concerning whether an equity audit was conducted when the WRTA decided to reduce and close certain bus routes.

Motion Rose – Suspension of Rules – Request City Manager explore the possibility of opening the Residential Drop-Off Center and other yard waste drop-off sites allow residents the ability to drop off their yard waste following winter storms.

Motion Petty @ #7a CC – That the City Manager Employment Agreement, dated December 6, 2022, between Eric D. Batista and the city of Worcester, acting by and through its City Council (the “Agreement”), is hereby amended by deleting from Sections 4(d) and 4(e) the words “issued through the City.”

Mayor Petty @ #7a CC – That the salary of the City Auditor be an annual salary of $170,000.00.