CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 13, 2023

Esther Howland (South) Chamber

Convened: 6:31 P.M.

Adjourned: 9:26 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Eric D. Batista

City Auditor
Robert V. Stearns

Councilors

Mayor Petty provided a Certificate of Appreciation to students from Vernon Street School for their efforts to fight food insecurity through the Together We Eat program.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of May 23, 2023.

Mayor Petty read the item and recognized the following speakers: 1. Fred Nathan, Worcester resident, spoke in opposition to item #8o CC 2. Idella Hazard, Worcester resident, spoke in favor of item #8m CC, #8o CC and #8p CC 3. Chris Horton, Worcester resident, spoke in opposition to item #12a CC 4. Julius Francis, Worcester resident, spoke in favor of item #8m CC 5. Jazzar Francis, Worcester resident, spoke in favor of item #8m CC 6. Joseph Baretta, Worcester resident, spoke in favor of item #7c CC 7. Yavuz Kiremit, Worcester resident, spoke in favor of item #7c CC

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

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

Hearing: EVERSOURCE for a conduit location on: MORELAND ST. Granting permission to EVERSOURCE for a conduit location on: MORELAND ST.

Hearing: NATIONAL GRID and VERIZON NEW ENGLAND, INC. for a pole location on: MILL ST. Granting permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC. for a pole location on: MILL ST.

Raymond Loughlin Jr. request street name signage on Major Taylor Blvd. be updated from "Worcester Center Blvd." to "Major Taylor Blvd."

Erika and Eli Rosario request removal of a tree in front of 19 Ives St.

Terry Kelly request the bus route that passed by the EcoTarium (222 Harrington Way) to drop off passengers in front of the EcoTarium in a safe manner instead off the side of a very busy road.

Asad Ali request the street in the vicinity of 22 Indian Hill Rd. be resurfaced.

Mark Brennan request sidewalk repair in the vicinity of 17 Barr St.

Marsela Qafzezi et al. request sidewalk repair in the vicinity of 145 to 157 South Flagg St.

Erika and Eli Rosario request sidewalk repair in front of 19 Ives St.

Councilor Candy Mero-Carlson on behalf of Jonisha Deleon request installation of a handicap parking space in front of 29 Shamrock St.

Councilor George J. Russell request installation of a “Dead End No Warehouse Access” sign on Grafton St. at beginning of Pine Hill Rd.

NATIONAL GRID for a conduit location on: HOUGHTON ST.

NATIONAL GRID for a conduit location on: MILL ST. and CHANDLER ST.

VERIZON NEW ENGLAND INC for a conduit location on: SEYMOUR ST.

Councilor Morris A. Bergman, on behalf of Julius Francis, request City Manager request City Solicitor provide City Council with legal opinion as to whether Chapter 9 § 1A ("noise ordinance") is applicable to noise generated by causes other than motorcycles and electric sound reproduction devices in residential neighborhoods. If such opinion is no then the petitioner requests City Council request City Manager consider amending said noise ordinance to include the aforementioned language.

Terry Kelly request City Council request City Manager consider setting fines for vacant and underutilized buildings and land in Worcester downtown area.

Terry Kelly request City Council request City Manager consider building homeless shelter or community center in every district, with educational and social service programs as described in the attached petition.

Terry Kelly request City Council request City Manager provide all civil servants with proper identifications on their uniforms that are clear and large enough to read, including QR codes of said identification information for the purposes of increasing accessibility for people who are seeing and hearing impaired.

Asad Ali request City Council request City Manager consider amending the trash pick-up policy to include trash bags other than yellow city trash bags, as well as other trash on the street.

Recommend the appointment of Jason Pincomb to the Affordable Housing Trust Fund Board of Trustees with a term that expires on April 30, 2025.

Recommend adoption of a Disclosure of Financial Interest for a Municipal Employee.

Recommend adoption of Salary Ordinance Amendments that will bring the ordinance in compliance with the changes enacted in the Fiscal Year 2024 Budget.

Recommend adoption of proposed zoning map amendment extends the Business, General 2.0 (BG-2.0) zone from Park Avenue to remove the legacy Manufacturing, Limited 1.0 (ML-1.0) zone that reflected the former use of Coes Knife, which is now Coes Park and Playground.

Recommend adoption of the attached order authorizing the abandonment of an easement for street purposes on Eskow Road.

Transmitting informational communications relative to a 5-year grant from the USDA Forest Service Urban & Community Forestry Program.

Recommend adoption of a resolution to file, accept, and expend a grant in the amount of Three Hundred Seventy Seven Thousand Six Hundred Eighty Four Dollars And No Cents ($377,684.00) from the FY24 Connecting Activities Grant through the Massachusetts Department of Secondary and Elementary Education (DESE).

Recommend adoption of a resolution to apply for, accept, and expend grants in the amount of Four Million Seven Hundred Forty Thousand Eight Hundred Thirty Eight Dollars and No Cents ($4,740,838.00) from the Commonwealth of Massachusetts Executive Office of Labor and Workforce Development (EOLWD) and the MassHire Department of Career Services (MDCS).

Recommend adoption of a resolution to file, accept, and expend a grant in the amount of Fifty Thousand Dollars And No Cents ($50,000.00) from the healthcare hub - extension grant program through the Commonwealth Corporation.

Recommend that Forty Three Thousand Thirty Nine Dollars And Fourteen Cents ($43,039.14) be transferred from FD901, Cost Center #CC1062, Treasury OPEB Trust Reserve, and be appropriated to Cost Center #CC1062-602100, Health Insurance Fringe Benefits, to provide funding for Fiscal Year 2023 health Insurance expenses.

Recommend that Twenty Eight Thousand Dollars And No Cents ($28,000.00) be transferred from Cost Center #CC1004-600100, Economic Development Salaries, and be appropriated to Cost Center #CC1004-610100, Economic Development Ordinary Maintenance, to cover operating expenses through the remainder of Fiscal Year 2023.

Recommend that Sixty Four Thousand Nine Hundred Eighty Six Dollars And Sixteen Cents ($64,986.16) be transferred from Fund #FD313, RRA Damage Settlements, Cost Center #CC1061, Administration & Finance, and be appropriated to Fund #FD101, General Fund, Cost Center #CC1040, WPD Support Services OM, to fund the repair of Worcester Police Department vehicles involved in no-fault motor vehicle accidents.

Recommend City Council's authorization of the following uses of the Revolving Fund Accounts in Fiscal Year 2024, at the limits in each account per M.G.L. Chapter 44 Section 53E 1/2. These Revolving Fund accounts were established so that revenue from a particular service is allowed to be used for associated program costs. These require annual Authorization from City Council.

Recommend that Three Hundred Seventy Seven Dollars And Eighteen Cents ($377.18) be authorized from Fiscal Year 2023 Cost Center #CC1007, Public Facilities Ordinary Maintenance, to allow for payment of prior year invoices.

Informational communication relative to an update on the status of American Rescue Act (ARPA) budget.

Nikolin Vangjeli, City Clerk, transmitting an informational communication relative to the filling of the Chief of Staff to City Council position.

REPORT OF THE PLANNING BOARD Upon the Petition of Jonathan Finkelstein, on behalf of Michael O'Rourke, Principal of S&O Realty LLC, request City Council amend Zoning Map by changing the zoning district designation for the property at 12 Jackson St. from MG-2.0 to RG-5.0.

REPORT OF THE PLANNING BOARD Upon the Petition of Ryan Clark et al request Peacedale Ave. be converted from a private street to a public street.

COMMUNICATION of the City Manager transmitting informational communication on the report for special process servers. (Tabled Under Privilege - Nguyen May 23, 2023 and June 6, 2023)

Hearing: NATIONAL GRID for a pole location on: APRICOT ST. Granting permission to NATIONAL GRID for a pole location on: APRICOT ST. (Tabled Under Privilege - Colorio June 6, 2023)

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Report of the Committee on Traffic and Parking Upon the Petition of Bernadette Forget request installation of handicap parking space large enough for two vehicles in front of 10 Merrifield St.: recommend passage of the accompanying proposed Ordinance. (Tabled Under Privilege - Colorio June 6, 2023)

COMMUNICATION of the City Manager recommend adoption of a salary ordinance amendment to grant authority to the City Manager to adjust a classification pay grade, if necessary. (Tabled Under Privilege - Colorio June 6, 2023)

COMMUNICATION of the City Auditor transmitting an informational communication relative to the city-wide overtime for the nine (9) months ended March 31, 2023 with a projection for the 4th quarter. (Tabled Under Privilege - King June 6, 2023)

ORDER of Councilor Sean M. Rose - Request City Manager request Chief Sustainability Officer consider adopting the Specialized Opt-In Stretch Code to support meeting the states carbon roadmap goals. (Tabled Under Privilege - Petty June 6, 2023)

ORDER of Councilor Sarai Rivera - Request City Manager look at best practices used in other municipalities to create an anti-litter campaign. (Tabled Under Privilege - Petty June 6, 2023)

ORDER of Councilor Sarai Rivera - Request City Manager request Commissioner of Public Works and Parks allow for more days of street sweeping on Pleasant St. between Park Ave. and Main St. (Tabled Under Privilege - Petty June 6, 2023)

ORDER of Councilor Sarai Rivera - Request City Manager request Commissioner of Public Works and Parks provide City Council with a report concerning the feasibility of providing city trash bags to businesses and or organizations that are willing to have trash receptacles and be responsible for the care of said receptacles. (Tabled Under Privilege - Petty June 6, 2023)

ORDER of Councilor Sarai Rivera - Request City Manager create a plan where individuals and/or families that receive SNAP benefits are able to receive discounts for city trash bags. (Tabled Under Privilege - Petty June 6, 2023)

ORDER of Councilor Sarai Rivera - Request City Manager create a plan where individuals and/or families that receive SNAP benefits are able to receive discounts for mattress and furniture disposal. (Tabled Under Privilege - Petty June 6, 2023)

ORDER of Councilor Sarai Rivera - Request City Manager create a plan to deal with potential displacements caused from inspections associated with the city's rental registry program where individuals and/or families are found to be living in illegal housing units due to financial limitations, which would add to the city’s housing crisis. (Tabled Under Privilege - Petty June 6, 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)

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 and Tabled - Mero-Carlson January 31, 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 and Tabled - Mero-Carlson January 31, 2023)

ORDER of Councilor George J. Russell – Request City Manager work with the appropriate representatives from the city’s various utility companies to ensure representatives from said companies appear in person at City Council meetings whenever a conduit location hearing in scheduled. – Item #21a CC Order adopted

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager recommend approval of the Fiscal Year 2024 Operating and Capital Budgets: recommend adoption of the two (2) accompanying Orders. – Item #21b CC Two (2) Orders adopted on a roll call vote of 10 Yeas and 0 Nays

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager consider working with the City Clerk to secure additional funding for a mailing to educate voters relative to the 2023 Municipal Election in November. (Haxhiaj) – Item #21c CC Order adopted

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Clerk provide City Council with a report concerning whether there are any languages in the city that are near the threshold that would require the city to translate election materials into said language(s). (Colorio) – Item #21d CC Order adopted

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report regarding the responses to the Request for Proposals (RFP) relative to the Chief Equity Officer position, as well as the process for awarding said RFP. (King) – Item #21e CC Order adopted

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager request City Solicitor provide City Council with a report concerning costs incurred by the city through appealing court judgements. (King) – Item #21f CC Order adopted

CHAIRMAN’S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager request City Solicitor provide City Council with a report concerning costs incurred by the city through court judgements and settlements made by the city, broken down by the department associated with the settlement. (King) – Item #21g CC Order adopted

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager request City Solicitor provide City Council with a report concerning the potential for the city to recoup legal and/or operational costs from monies spent on issues stemming from negligent landlords or property owners. (Russell) – Item #21h CC Order adopted

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager request Commissioner of Public Facilities provide City Council with a report concerning whether the DCU Center will be able to provide net-positive revenues for the city in the future. Further, request said report include information relatives to expenses and reimbursements associated with the emergency COVID-19 hospital at the DCU Center. (Russell) – Item #21i CC Order adopted

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a biannual report concerning all financial details associated with Polar Park, including but not limited to debt services, revenues and the timing of payments associated with the ballpark. (Russell) – Item #21j CC Order adopted

CHAIRMAN'S OREDER FROM THE COMMITTEE ON FINANCE - Request City Manager consider onboarding a clinical social worker, in some capacity, to provide services at the Worcester Public Library. (King) – Item #21k CC Order adopted

CHAIRMAN'S OREDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report responding to news coverage surrounding the finances associated with Polar Park. (Russell) – Item #21l CC Order adopted

RESOLUTION of Councilor Khrystian E. King – That the City Council of the City of Worcester does hereby support the city filing, accepting and expending an Urban Agenda Grant to establish an LGTBQIA+ community center in the city. – Item #21m CC Resolution adopted on a roll call vote of 10 Yeas and 0 Nays

ORDER of Councilor Thu Nguyen – Request City Manager work with the Police Chief and City Solicitor to meet with members of the Worcester Anti-Foreclosure Team, prior to the next City Council meeting to address concerns and discuss solutions to issues relative to special process servers. – Item #21n CC Order adopted

ORDER of Councilor Thu Nguyen – Request City Clerk work with the Worcester Anti-Foreclosure Team to create a petition that captures the dialogue and proposal said team is attempting to discuss relative to special process servers. – Item #21o CC Order adopted

Motion King @ #8m CC – Request City Manager reach out to the Francis family, as well as residents of the address related to noise complaints on Derby St. to engage in addressing noise levels that disrupt the quality of life for residents on Derby St.

Motion Toomey @ #8m CC – Request City Manager consider reviewing and duplicating Philadelphia’s Dispute Resolution Program through grant funding (see attached).

Motion King @ #8m CC – Request City Manager provide City Council with a report concerning the difficulties associated with enforcing the city’s noise ordinance. Further, request City Manager include in said report information concerning who is trained to enforce said ordinance.

Motion Nguyen @ #12a CC – Request City Manager request Police Chief provide City Council with a report concerning the proper police response to issues surrounding assault during evictions.

Motion Nguyen @ #12a CC – Request City Manager request City Solicitor provide City Council with a report concerning any charges brought forth relative to outside constables.

Motion Nguyen @ #12a CC – Request City Manager provide City Council with a report concerning how long the city’s website has incorrectly stated the City Council approves constables.

Motion King @ #12a CC – Request City Manager provide City Council with a report concerning whether a special process server can seize property.

Motion Rose @ #12a CC – Request City Manager create a resource for residents who are being foreclosed upon to deal with issues through the proper channels.

Motion Nguyen @ #12a CC – Request City Manager request City Solicitor provide City Council with a report concerning any legislative action the city can take relative to issues surrounding special process servers in the city.

Motion Mero-Carlson @ #12d CC – Request City Manager amend the proposed ordinance language relative to adjusting a classification pay grade to ensure employees do not have to wait a year for step increases to take effect.

Motion King @ #12e CC – Request City Auditor provide City Council with a total population audit of the Worcester Police Department (WPD) overtime monies.

Motion King @ #12e CC – Request City Manager request Police Chief provide City Council with a report concerning any corrective actions taken relative to overtime procedures outlined for improvement in audits of the department.

Motion King @ #12f CC – Request City Manager ensure construction laborers are included in conversations around adopting the Specialized Opt-In Stretch Code.