CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 31, 2023

Esther Howland (South) Chamber

Convened: 7:00 P.M.

Adjourned: 8:26 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 Tyre Nichols, a twenty-nine-year-old Black man, who was severely beaten by five Black police officers in Memphis, TN and died from the beating three days later.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of January 17, 2023.

Mayor Petty read the item and recognized the following speakers: 1. Idella Hazard, Worcester resident, spoke regarding an item not on the agenda 2. Adam Thielker, Worcester resident, spoke in favor of item #11f CC 3. Lorrie Weinstein, Millbury resident, spoke in favor of item #11g CC

Hearing: CHARTER COMMUNICATIONS for a conduit location on: MARBLE ST. Granting permission to CHARTER COMMUNICATIONS for a conduit location on: MARBLE ST.

Ekow Dadzie request Corning Ave. be made public.

Sheila Bilotta et al. request installation of additional street lights on Dallas St.

Doreen Beauchene request installation of speed humps on Newbury St.

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

Sheila Bilotta et al. request installation of flashing crosswalk light on Hamilton St. at the crosswalk in the vicinity of 489 Hamilton St.

Paula and Harian Chaput request installation of Dead End signage on Esper Ave.

Nicholas Depalma et al. request installation of handicap parking space on Orne St. in the vicinity of 178 Lincoln St.

Tammy Haney, on behalf of Community Healthlink, request installation of No Parking Anytime signage in front of the loading dock door at 199 Chandler St. on Bellevue St. side.

Jeanne Manzella request installation of handicap parking space in front of 15 King Philip Rd.

Councilor Khrystian E. King on behalf of representatives from Nelson Place School request a traffic study be conducted in the vicinity of Nelson Place School, Holden St. and Route 22.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request Commissioner of Public Works and Parks review and address any safety issues associated with the street conditions on Copley Rd. at its intersection with Coolidge Rd.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager provide City Council with a report concerning the conditions on which bonds are released as they relate to private to public street conversion

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager provide City Council with a list of all current subdivisions that are under construction in the city and whether the city has bonds on said subdivisions in place.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request Commissioner of Public Works and Parks provide City Council with a report concerning the criteria to waive the fees associated with sidewalk installation.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Director of Transportation and Mobility conduct a traffic study relative to the potential for making Tyson Rd. a one-way street, as well as the feasibility of banning truck traffic on said road.

FROM THE COMMITTEE ON VETERANS' MEMORIALS, PARKS AND RECREATION - Request City Manager request Director of Veterans’ Services provide City Council with a report concerning 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.

FROM THE COMMITTEE ON VETERANS' MEMORIALS, PARKS AND RECREATION - Request City Manager request Director of Veterans' Services work with the Commissioner of Public Works and Parks to provide City Council with a report concerning the feasibility of installing a plaque or another appropriate memorial to honor Worcester Fire Captain and World War I veteran William J. Ormond in the vicinity of Envelope Terrace and Nebraska St.

Request City Manager request Commissioner of Public Works and Parks consider expanding the dates individuals are allowed to drop off their Christmas trees. (Colorio)

Request City Manager request Commissioner of Public Works and Parks consider attaching this year’s (2023) Trash and Recycling Calendar in the next quarterly tax bill. Further, request City Manager request Commissioner of Public Works and Parks include each upcoming year’s Trash and Recycling Calendar thereafter in the November tax bill. Further, request City Manager request Commissioner of Public Works and Parks post the current Trash and Recycling calendar on the city’s website’s “main” page prior to each holiday, as a reminder to residents. (Bergman, Mero-Carlson)

Request City Manager request Commissioner of Public Works and Parks provide City Council with an update concerning how the “new” covered trash bins have performed with respect to windy days. (Bergman, Mero-Carlson)

Request City Manager request City Assessor provide City Council with a report explaining the qualifications for the Senior/Elderly real estate tax exemption, as such applications are time sensitive and must be received by the city by April 1, 2023. (Colorio)

Request City Manager provide City Council with a report detailing how the Affordable Housing Trust Fund (AHTF) may be able to assist landlords in converting a nonrentable apartment into a rentable apartment, while simultaneously providing affordable housing. (Colorio)

Request City Manager provide City Council with a report concerning whether Parking Control Officers (PCOs) are allowed to ticket cars parked in Worcester Regional Transit Authority (WRTA) bus stops. Further, if PCOs are not allowed to ticket in such locations, request City Manager include information in said report as to why that is the case. Further, if PCOs are allowed to ticket in such locations, request City Manager include in said report how many tickets were given out between 2021 and 2022. (Bergman)

Request City Manager consider amending Chapter 13 Section 40 (o) of the City of Worcester Revised Ordinances regarding the Residential Parking Program to read as follows: “The parking administrator may issue city-wide temporary parking permits in a number specified by the parking administrator after payment of a fee for each permit to be given to any social service agencies for use by employees of such agencies providing medical or other services to elderly or disabled residents in the homes of such residents. Such permits shall expire on June 30 of each year and may be renewed by the non-profit social service agency for additional periods after payment of the appropriate fee. Applications shall be provided to the parking administrator on the applicant’s professional letterhead. Such permit shall only be used when the employee of the non-profit social service agency is actually providing services to an elderly or disabled resident and shall be displayed on the front dashboard above the steering wheel and shall be fully readable from the exterior of the vehicle.” (Bergman, Colorio)

Request City Manager consider amending Chapter 13 Section 37 (p) of the City of Worcester Revised Ordinances regarding Prohibited Parking to read as follows: “No person shall park a commercial vehicle, bus or trailer having a gross weight of 11,000 pounds or more on any street where parking is permitted for a period of time longer than one hour between the hours of 1:00 A.M. and 6:00 A.M. of any day, or any time on Sunday, except that such vehicles may be parked for periods in excess of this restriction while actually being loaded or unloaded.” (Bergman)

Request City Manager consider allocating the proceeds from the sale of 0 Apricot Street to the Affordable Housing Trust Fund (AHTF). (Haxhiaj)

Request Standing Committee on Urban Technologies, Innovation and Environment invite the Coordinator of Lake and Ponds Program to present and discuss the most recent State of the Lakes information. (Haxhiaj)

Request City Manager request Assistant Commissioner of Public Works and Parks explore upgrades to Burncoat Prep Park. (Rose)

Request City Manager request Assistant Commissioner of Public Works and Parks provide City Council with an update concerning the Roberto Clemente Master Plan. (Rose)

Request City Manager work with the Chief Financial Officer to provide City Council with a report concerning the city’s American Rescue Plan Act (ARPA) funds, the timeline for expending ARPA funds and where the city is in the process of grant requests and the AD Hoc committee. (Rose, Mero-Carlson)

Request City Manager explore environmentally friendly requirements in development plans for lighter coloring of hardscape materials such as concrete to reduce heat retention. (See the following for more information: https://psci.princeton.edu/tips/2020/11/3/cement-and-concrete-the-environmental-impact) (Rose)

Request City Manager provide City Council with a report outlining the status of revenues in the ballpark DIF District. (Colorio)

Request City Manager provide City Council with a report concerning plans for renovating Indian Lake Beach, also known as Clason Rd. Beach. (Mero-Carlson, Rose)

Request City Manager work with the Director of Human Resources to develop an annual performance evaluation tool for the City Clerk and City Auditor. (King)

Request City Clerk provide City Council with an update concerning the position of Chief of Council, coupled with the designated City Council Clerk. Further, request City Clerk include the job description of the aforementioned position as part of said report. (King)

Request City Manager provide City Council with a detailed update relative to the Worcester Police Department (WPD) Equity Audit. (King)

Request City Manager provide City Council with an update regarding body camera implementation, trainings and status of contract negotiations. (King)

Request City Manager provide City Council with an update concerning a previously adopted Order on June 16, 2020 that read as follows: "Request City Manager request Police Chief provide City Council with a comprehensive report relative to the use of dash and body cameras by the Worcester Police Department, including information relative to implementation for such an action, an inventory of all dash cameras in the possession of the city and procedures concerning the use of dash cameras in similar municipalities." (King)

That the City Council of the City of Worcester convene in Executive Session at a future meeting for the purposes of discussing contract negotiations relative to the use of body cameras. (King)

Request City Manager organize a community discussion relative to the increase in the amount of elderly persons experiencing homelessness. (Rivera)

STREET BETTERMENT ASSESSMENT: DELMONT AVENUE

That the City Council of the City of Worcester does hereby go on record in support of SD.1762 and HD.2385, An Act to increase regional transit accessibility in the Commonwealth, filed by Senator Susan L. Moran and Representative Natalie M. Blais, respectively. SD.1762 and HD.2385 support more funding for Regional Transit Authorities, which includes the Worcester Regional Transit Authority (WRTA). (Haxhiaj, King, Rivera, Mero-Carlson)

Recommending passage of the accompanying Ordinance relative to amending the salary of the City Auditor.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of 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: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Brian Falk, on behalf of Clifford & Rano Realty Trust, Spectrum Health Systems, Inc. and Mark and Sandra Cutler request the Zoning Map be amended by extending the RG-5 zoning district to fully encompass the following properties: 57 Cedar St., 55 Cedar St., 29 Sever St., 27 Sever St., 25 Sever St., 91 Elm St., 93 Elm St., 95 Elm St., 97 Elm St., 101-103 Merrick St., and 105 Merrick St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Robert H. Gallo, Manager of Arboretum Village LLC., request Bittersweet Boulevard be made public street: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Matthew Rabasco request Copley Rd. be resurfaced.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Etel Haxhiaj on behalf of William T. Hamilton request Willard Ave. be repaved: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Donald J. O'Neil request extension of public water main in Hooper St. from its current terminus to service the property located at 40 Hooper St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Anthony Maina and Zac Couture request extension of the sewer main in Salisbury St. for a distance of 21 feet +/- with 8" SDR-35 pipe to a proposed manhole and to allow for a long connection of 154 feet +/- of 6" SDR-35 to service a proposed single family dwelling, known at 0 Salisbury St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Wiler Filho and Leandro Camargo request water and sewer extension for on Strasburg Rd. for properties located at 7-8 Strasburg Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Sarai Rivera request sidewalk repair in front of Beacon Pharmacy, located at 810 Main St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Tommy Lee request curb cut at 106 Perry Ave.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to new regulations to implement An Act Promoting Awareness of Sewage in Public Waters, passed by the MA Legislature and signed by the Governor in January 2021: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the 2022 Spring Sweeping Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to a report on the annual city-wide line painting program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to building and using reserves to mitigate future water and sewer rate increases: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Candy Mero-Carlson request Franklin St. from Brown Square to Papani Circle be repaved: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Wayne Griffin request Durant Way be repaved from Chandler St. to Hadwen Rd.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Bayda Asbridge et al. request installation of flashing crosswalk lights at the pedestrian crossing in front of 75 Webster St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sean M. Rose request installation of a crosswalk across Chester St. at Holden St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Morris A. Bergman request installation of a “Steep Hill” sign or similar signage on Eames Rd., opposite of Stanley Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Maria Montano request installation of pedestrian crossing signage at the intersection of Freeland St. and Cambridge St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Maria Montano request installation of pedestrian crosswalk signage and/or crosswalk signal at the intersection of Richards St. and Cambridge St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Stephen Chabot request installation of flashing lights at the crosswalks in the vicinity of Forest Grove Middle School on Grove St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON VETERANS' MEMORIALS, PARKS AND RECREATION Upon the Petition of Walter O'Connor request a memorial for Private John Kelleher be erected on the grass apron next to the sidewalks on the southwest corner of the intersection of June St. and Chandler St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON VETERANS' MEMORIALS, PARKS AND RECREATION Upon the Communication of the City Manager transmitting Informational Communication Relative to the Master Plan Initiative for Improvements to Blithewood Park: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON VETERANS' MEMORIALS, PARKS AND RECREATION Upon the Petition of Walter O'Connor request a memorial for Private John Kelleher be erected on the south side of the traffic island at the intersection of June St. and Chandler St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON VETERANS' MEMORIALS, PARKS AND RECREATION Upon the Communication of the City Manager Transmitting informational communication relative to the Master Plan Initiative for improvements to Blithewood Park: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON VETERANS' MEMORIALS, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to the Master Plan Initiative for improvements to Blithewood Park: recommend Communication be placed on file.

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 and Tabled Under Privilege - Mero-Carlson January 24, 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 and Tabled Under Privilege - Mero-Carlson January 24, 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 Donna M. Colorio – 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. – Item #15a 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 a report concerning the composition Community Preservation Committees have in other municipalities. – Item #15b CC Order adopted on a roll call vote of 10 Yeas and 0 Nays

ORDER of Councilor Donna M. Colorio – 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. – Item #15c Cc Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Etel Haxhiaj – 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. – Item #15d CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Morris A. Bergman – 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. – Item #15e CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Donna M. Colorio – 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. – Item #15f CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Thu Nguyen – 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. – Item #15g CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Sean M. Rose – 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. – Item #15h CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Mayor Joseph M. Petty – “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.” – Item #15i CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Mayor Joseph M. Petty – That the salary of the City Auditor be an annual salary of $170,000.00. – Item #15j CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

Motion Mero-Carlson @ #11d CC – Request City Manager provide City Council with a report concerning the number of seniors in the city using utilizing a Senior Work off Program to pay off their taxes.

Motion King @ #11d CC – Request City Manager consider working with the Commissioner of Health and Human Services and the Mayor’s Mental Health Task Force to conduct a survey of the city’s seniors to determine what that portion of the city’s population’s stressors and how the city can provide any needed relief.

Motion Petty @ #11e CC – Request City Manager provide City Council with a report concerning the number of individuals using city programs to aid residents in housing/purchasing homes in the city. Further, request City Manager include in said report ways the city can better advertise such programs.

Motion Mero-Carlson @ #11f CC – Request City Manager provide City Council with a report concerning the number of Parking Control Officers (PCOs) employed by the city.

Motion Russell @ #11h CC – Request City Manager provide City Council with a report concerning what is being done to enforce Chapter 13 Section 37 (p) relative to trucks parking overnight on city streets.

Motion King @ #11r CC – Request City Clerk provide City Council with report detailing draft language as it relates to the possibility of reorganizing the Chief of Council position to make City Council the position’s appointing authority, similar to City Council’s ability to hire the City Auditor, City Manager and City Clerk, as the City Council explores the possibilities surrounding constituent services moving forward.

Motion Petty @ #11r CC – Request City Clerk provide City Council with a report concerning who the Secretary to the Council reported to during the 1990’s and 2000’s, in an effort to review a roadmap on how to complete a similar structured office in the future.

Motion Russell @ #11r CC – Request City Clerk provide City Council with a report concerning options for how best to organize the City Council office.

Motion King @ #11r CC – Request City Clerk provide City Council with a report comparing the structure of City Council Office support staffs in other communities with the support staff of the Worcester City Council.

Motion King @ #11w CC – Request City Manager provide City Council with a report concerning whether any grants exist the city can pursue to support the creation of warming and cooling centers in the city to aid the homeless population.

Motion Nguyen @ #11w CC – Request City Manager reach out to the appropriate staff working for the City of Somerville to determine how the city is working to abolish debt individuals face relative to medical bills.

Motion King @ #19a CC – Request City Manager provide City Council with information as it relates to city responsibilities associated with snow removal at bus stops.

Motion Mero-Carlson – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks expeditiously install additional signage properly outlining the existing resident permit parking zone on both sides of Schussler Rd. from Highland St. to Institute Rd.