CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 2, 2024

Esther Howland (South) Chamber

Convened: 6:33 P.M.

Adjourned: 9:31 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 Larry Lucchino, who passed away on April 2, 2024 at the age of 78. Mr. Lucchino was an integral part of bringing the Red Sox Triple-A affiliate to Worcester, and served as Chairman of the team.

Mayor Petty read a Proclamation declaring the week of as April 1, 2024 to April 7, 2024 as National Public Health Week in the City of Worcester. The Proclamation was presented to the Commissioner of Public Health and Human Services and Medical Director.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of March 19, 2024.

Mayor Petty read the item and recognized the following speakers: 1. Fred Nathan, Worcester resident, spoke neither in favor nor opposed to items #8i CC, #8j CC and #9.36G CM 2. Arthur Mooradian, Worcester resident, spoke in favor of item #8j CC 3. Idella Hazard, Worcester resident, spoke in favor of item #8j CC 4. Abbott Mortilliro, Worcester resident, spoke in opposition to items #8c CC and #8g CC and spoke in favor of item #8i CC 5. Michael Madulka, Worcester resident, spoke in favor of item #8j CC 6. (Name indiscernible), Worcester resident, spoke in favor of item #8j CC 7. Colin Novick, Worcester resident, spoke in favor of item #9.36E CM 8. State Representative Jim O’Day, Worcester resident, spoke in favor of item #11b CC and #11a CC 9. John Provost, Worcester resident, spoke neither in favor nor opposed to item #9.11A CM 10. David Webb, Worcester resident, spoke in favor of item #8i CC and #8j CC 11. Leon Smith, No residence given, spoke in favor of item #11b CC 12. Sana Fadel, No residence given, spoke in favor of item #11b CC 13. Nathalie Gibson, Worcester resident, spoke in favor of item #9.15C CM 14. Samantha Olney, Worcester resident, spoke in favor of item #8i CC

Hearing: CHARTER COMMUNICATIONS for five (5) utility pole locations at: PLANTATION ST. and BOWDITCH DR. Granting permission to CHARTER COMMUNICATIONS for five (5) utility pole locations at: PLANTATION ST. and BOWDITCH DR.

Hearing: EVERSOURCE for a gas main location at: WEST BOYLSTON ST. Granting permission to EVERSOURCE for a gas main location at: WEST BOYLSTON ST.

Hearing: NATIONAL GRID for a jointly-owned pole location at: MILLBURY ST. Granting permission to NATIONAL GRID for a jointly-owned pole location at: MILLBURY ST.

Hearing: NATIONAL GRID for a conduit location at: WEST BOYLSTON ST. Granting permission to NATIONAL GRID for a conduit location at: WEST BOYLSTON ST.

Evan Corrigan request Alexander Rd. between Huntington Ave. and Gifford Rd. be resurfaced.

Nicolas Branchina request installation of a cement post in the middle of the sidewalk in front of 130 Chandler St. to keep cars from coming onto the sidewalk when making U-Turns.

Mona Ghanem request removal of bus stop signage in front of 178 Vernon St.

Frank Hernandez request installation of speed humps on Monticello Dr. near Laurel Brook Dr.

Mayor Joseph M. Petty on behalf of Paul Foster request installation of speed hump on King Philip Rd.

Laura Ricci request City Council request City Manager request Commissioner of Transportation and Mobility work with the property owner of the Price Rite at 117 Gold Star Blvd. to review signage at the entrance of Price Rite to ensure drivers do not enter Gold Star Boulevard going the wrong direction.

David Pederson request City Council request City Manager reach out to the WRTA to request stopping the the bus announcement at the bus stops in front of 81 and 82 Elm St.

Patricia Hobbs et al. request City Council request City Manager update the request to rename the Green Island Neighborhood Center to include both "Green Island," and "Lorraine M. Laurie," in the name (see attached for multiple naming suggestions).

Samantha Olney request City Council recognize the urgent need for access to public restrooms for unhoused individuals in the community. Further, request City Council request City Manager consider prioritizing the establishment of a system of public restrooms and/or portable toilets in areas with a high concentration of unhoused individuals to address this critical issue.

Arthur Mooradian and Michael Madulka request City Council request City Manager suspend the Rental Registry and Inspection Program and schedule public hearings relative to said programs.

Transmitting informational communication relative to the appointment of Ted Biba to the Elder Affairs Commission.

Transmitting informational communication relative to the appointment of Mallory Shelly to the Trust Funds Commission.

Recommend the appointment of Kate McGrath to the Accessibility Advisory Committee.

Recommend the appointment of John Longhi to the Commission for the Preservation of Historic Artifacts, Relics & Military Memorials.

Transmitting informational communication relative to a report on all City of Worcester and Worcester School Department wage earners for calendar year 2023.

Recommend adoption of a resolution authorizing an amendment to the Tax Increment Financing Agreement for 18-20 Franklin Street.

Transmitting informational communication relative to the listing of private streets and their lengths.

Transmitting informational communication relative to the Dodge Park Cost Analysis and Master Plan.

Transmitting informational communication relative to the 2024 Arbor Day Celebration.

Transmitting informational communication relative to the Status of Street Resurfacing and Sidewalk Repair Projects.

Recommend adoption of an order to approve a five-year contract term for the Fire Records Management System replacement.

Transmitting informational communication relative to crash reports on Mill Street.

Transmitting informational communication detailing analytics around responsiveness via the City's 311 Application.

Recommend adoption of an amendment to the Noise Ordinance.

Transmitting informational communication relative to Status of 2 Gage Street, Worcester, MA.

Transmitting informational communication relative to the procedures businesses must follow to sell tobacco products, the current number of licenses issued for such sales, and the maximum allowable limit for tobacco-selling businesses within our city.

Transmitting an informational communication relative to the City of Worcester's Payment in Lieu of Taxes (PILOT) agreements.

Transmitting informational communication regarding the status and plans for Worcester East Middle School and the potential impact a new school construction would have on the City's fixed cost obligations.

Transmitting informational communication relative to the Pay-As-You-Throw (PAYT) Program.

Recommend adoption of a resolution to accept a donation in the amount of Seven Thousand Seven Hundred Fifty Dollars and No Cents ($7,750.00) from Worcester Polytechnic Institute for water chestnut treatment at Salisbury Pond.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Two Thousand Dollars And No Cents ($2,000.00) from Middlesex Savings Bank.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Fifty Five Thousand Dollars And No Cents ($55,000.00) from Greater Worcester Community Foundation's Worcester Fire Department Memorial Cares Fund. These funds will be used to construct the Lt. Jason Menard Memorial at the McKeon Road Fire Station.

Recommend adoption of a resolution to file, accept and expend a Memorandum of Understanding in the amount of Seven Thousand Five Hundred Sixty Dollars and No Cents ($7,560,00.) from Adams and Associates of Nevada to support the Grafton Job Corp Admissions Counselor located at the MassHire Central Region Workforce Board.

Recommend adoption of a resolution to file, accept, and expend an additional One Million Five Hundred Thousand Dollars And No Cents ($1,500,000.00) in Brownfields Revolving Loan Fund Supplemental Grant funding from the U.S. Environmental Protection Agency's Brownfields Program.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of One Hundred Twenty Five Thousand Dollars And No Cents ($125,000.00) from MA Attorney General's Office, under the Local Consumer Aid Program.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Two Thousand Five Hundred Dollars And No Cents ($2,500.00) from the Commonwealth of Massachusetts, under the FY24 Automated External Defibrillators (AED) Equipment Program.

Recommend adoption of a resolution to accept a donation in the amount of Seventy Thousand Dollars And No Cents ($70,000.00) from the Blue Cross Blue Shield Foundation of Massachusetts, to support the City’s Fitness in the Parks program for 2024-2026.

Recommend authorization to increase Fund FD#311, RRA-Cable Fund, in the amount of Eleven Thousand Three Hundred Forty Two Dollars And No Cents ($11,342.00) and be deposited as indicated to provide sufficient funding for the Cable PEG program for Fiscal Year 2025.

Recommend authorization to increase Fund FD#311, RRA-Cable Fund, in the amount of One Million Seven Hundred Ninety Three Thousand Two Hundred Ninety Two Dollars And Forty One Cents ($1,793,292.41) and be deposited as indicated to provide sufficient funding for the Cable PEG program for Fiscal Year 2025.

Recommend that Three Thousand Four Hundred Ninety Five Dollars And No Cents ($3,495.00) be transferred from Cost Center #CC1017-610100, Emergency Communications Ordinary Maintenance, and be appropriated to Cost Center #CC1017-699301, Emergency Communications Capital Outlays, to allow for the payment of carpet installation within the Regional Emergency Communications Center.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Cost Center #CC1009-600100, Law Department Salaries, and be appropriated to Cost Center #CC1009-610100, Law Department Ordinary maintenance, to provide additional funding for outside counsel expenses.

Recommend Adoption of an Order Relative to the Acquisition of 0 Ararat Street for Conservation Purposes.

Recommend authorization to amend the Fiscal Year 2024 budgets of various Off-Street Parking funds to allow for the payment of operating and debt service expenses.

Recommend that Two Million Two Hundred Seventy Thousand Dollars And No Cents ($2,270,000.00) in revenues be transferred from and to various Off-Street Parking funds to provide sufficient cashflow through the third quarter of Fiscal Year 2024.

Transmitting informational communication on Discover Central MA and the agency's impact as it relates to the tourism industry.

Amending the Salary Ordinance of August 20, 1996 Relative to Members of DPW Clerks Bargaining Unit (Local 170, Teamsters).

Amending Article III of the Worcester Zoning Ordinance Adopted April 2, 1991, Relative to Extension of the Residence General-5.0 (RG-5.0) Zoning District and Reduction of the Commercial Corridors Overlay District – Elsewhere (CCOD-E) in the vicinity of Castle Street, Piedmont Court, And Valley Street.

Amending Article III of the Worcester Zoning Ordinance Adopted April 2, 1991, Relative to Extension of the Residence General-5.0 (RG-5.0) Zoning District in the vicinity of 12 Jackson Street.

Amending Article III of the Worcester Zoning Ordinance Adopted April 2, 1991, Relative to Extension of the Business, General-3.0 (BG-3.0) Zoning District and the Commercial Corridors Overlay District – Elsewhere (CCOD-E) in the vicinity of 0 Grafton Street.

Amending Article III of the Worcester Zoning Ordinance Adopted April 2, 1991 Relative to Extension of the Residence General-5 (RG-5) Zoning District in the vicinity of 104 Armory Street.

Amending Article III of the Worcester Zoning Ordinance Adopted April 2, 1991, Relative to Extension of the Business, General-3.0 (BG-3.0) Zoning District in the vicinity of 440, 454, & 474 Grove Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Prohibit Parking on Both Sides of Amanola Street.

COMMUNICATION of the City Clerk transmitting a request for review and approval to authorize the City Manager to submit the attached statements of interest to the Massachusetts School Building Authority (MSBA) that were approved by the Worcester School Committee at their March 7, 2024 meeting. (Tabled Under Privilege - Russell March 19, 2024 and March 26, 2024)

ORDER of Councilor Morris A. Bergman, Councilor Kathleen M. Toomey and Councilor Candy Mero-Carlson - Request City Manager request City Solicitor provide City Council with a legal opinion as to how the proposed “Juvenile Justice Reform Bill” (S.942 and H.1710) addresses firearm related offenses. (Tabled Under Privilege - Nguyen March 26, 2024)

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 Etel Haxhiaj and Councilor Thu Nguyen - Request City Manager work with appropriate departments and stakeholders to establish an Office of Housing Stability in an effort to prevent the involuntary displacement of city residents who are in the process of being evicted or at the risk of losing their housing, as well as to enact policies to combat displacement, homelessness and enhance tenants’ rights. (Tabled Under Privilege - Haxhiaj July 18, 2023 and Tabled - Haxhiaj August 22, 2023)

ORDER of Councilor Khrystian E. King – Request City Manager begin to create, establish and identify a way to quantify data relative to traffic stops, pedestrian stops, field contact, use of force and other public disciplinary action, with immediate access to the technology associated with said data. – Item #20a CC Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with a breakdown of juvenile arrests, including data relative to school enrollment and whether those juveniles had been arrested multiple times. – Item #20b CC Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager request Police Chief provide City Council with a report concerning any updated information that was not included in the Racial Equity Audit Report for the Worcester Police Department, including information relative to efforts that have already been enacted since the report. – Item #20c CC Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager request Police Chief provide City Council with a report concerning efforts being made relative to minority recruitment, including information regarding the number of minority civil service applicants. – Item #20d CC Order adopted

ORDER of Councilor Khrystian E. King – Request City Manager review the Racial Equity Audit of the Worcester Police Department for the purpose of conducting further community engagement around said audit. – Item #20e CC Order adopted

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a report concerning any legislative actions occurring relative to seeking additional funding from Massachusetts School Building Authority (MSBA). – Item #20f CC Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with a report concerning the infrastructure status of the school buildings in the city. – Item #20g CC Order adopted

ORDER of Councilor Donna M. Colorio – Request City Manager provide a five (5) year grace period where individuals are not fined for failure to register their rental property/properties as part of the city’s Rental Registration Program. – Item #20h CC Order adopted

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with an update concerning the city’s ability to complete its Five (5) Year Inspections of properties, including any backlog associated with said inspections. – Item #20i CC Order adopted

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a report relative to potential ways of incentivizing the city’s Rental Registration Program. – Item #20j CC Order adopted

ORDER of Councilor George J. Russell – Request City Manager request Commissioner of Inspectional Services work with the City Solicitor to provide City Council with a report concerning inspections of properties as they relate to the Fourth Amendment and any other pertinent legislation governing such an inspection. – Item #20k CC Order adopted

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report comparing the City of Boston’s ordinance relative to a Rental Registration Program with the city’s ordinance, including the ability to add language to give tenants the right to deny entrance for inspections. – Item #20l CC Order adopted

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report concerning whether garage stalls being rented are exempt from the Rental Registration Program. – Item #20m Order adopted

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a detailed report relative to what properties owned by the city’s colleges and universities are and are not required to register as part of the Rental Registration Program. – Item #20n CC Order adopted

ORDER of Councilor George J. Russell – Request City Manager request City Solicitor provide City Council with a report ensuring the city’s Rental Registration Program is not a form of redlining. – Item #20o CC Order adopted

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report concerning the rationale behind making the fee for failing to register property/properties as part of the Rental Registration Program three-hundred dollars ($300.00) per day. – Item #20p CC Order adopted

ORDER of Councilor Khrystian E. King – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report outlining the “Department of Public Works and Parks Engineering Permit Manual. – Item #20q CC Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager pursue bringing the NCAA College Men’s and Women’s Frozen Four Ice Hockey Tournaments to the city. – Item #20r CC Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager and Mayor invite the North High School Men’s Basketball Team and South High School Women’s Basketball Team to be honored during an upcoming City Council meeting. – Item #20s CC Order adopted

Motion Petty @ #8i CC – Request City Manager provide City Council with a report outlining best practices used in other communities relative to establishing public restrooms in areas with a high concentration of homeless individuals.

Motion Colorio @ #8j CC – Request City Manager extend the deadline for applying for the Rental Registration Program to June 30, 2024.

Motion Colorio @ #9.13A CM – Request City Manager provide City Council with an updated crash report for Mill St. that also encompasses a map of the crashes on Mill St. in October and November of 2024 and 2023, as well as any deaths that occurred in that timeframe that includes the causes of said deaths.

Motion Haxhiaj @ #9.13A CM – Request City Manager request Police Chief ensure statistics associated with traffic crashes are properly disseminated to the public only through the officers responsible for maintaining such data.

Motion King @ #9.13A CM – Request City Manager provide City Council with a report confirming the timelines for striping, installing flex poles and implementing additional safety measures on Mill St.

Motion King @ #9.16A CM – Request City Manager request Commissioner of Inspectional Services provide City Council with the dates of the last four (4) 110 Inspections that occurred at 2 Gage St.

Motion Russell @ #9.30B CM – Request City Manager complete livability upgrades to Worcester East Middle, including but not limited to painting the interior of the building, fixing the property’s windows and completing any accessibility needs at the property.

Motion King @ #9.30B CM – Request City Manager review strategies, investments and conservative approaches as they relate to the city’s capital requirements.

Motion King @ #9.30B CM – Request City Manager engage with the city’s elected officials and other gateway cities facing similar challenges to strategize ways to increase funding around the creation and maintenance of schools using MSBA and other state funds.

Motion Russell @ #9.30B CM – Request City Manager provide City Council with a report concerning the cost for replacing the windows at Worcester East Middle School, both with and without the accessibility upgrades that may be triggered from such work. Further, request City Manager include in said report information concerning what would trigger such accessibility upgrades.

Motion Petty @ #9.30B – Request City Manager request Chief Financial Officer provide City Council with a report concerning ways the city may pay for the construction of a new Burncoat Middle and High School.