CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 9, 2024

Esther Howland (South) Chamber

Convened: 6:34 P.M.

Adjourned: 9:18 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Eric D. Batista

City Auditor
Robert V. Stearns

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of March 26, 2024.

Mayor Petty read the item and recognized the following speakers: 1. Fred Nathan, Worcester resident, spoke in opposition to items #9a CC and #9h CC 2. Jane McGovern Gazdic, no residence given, spoke in opposition to item #13f CC 3. John Provost, Worcester resident, spoke in opposition to item #13f CC 4. Charles Fox, Worcester resident, spoke in favor of item #10a CC 5. Bill Lundmark, Worcester resident, spoke in favor of item #10a CC 6. Margaret Wong, Worcester resident, spoke in favor of item #10a CC 7. Richard Shea, Worcester resident, spoke in favor of item #10a CC 8. Idella Hazard, Worcester resident, spoke in opposition to item #13f CC 9. Terry Kelly, Worcester resident, spoke in opposition to item #13f CC and in favor of item #7s CC 10. Adrien Morin, Fitchburg resident, spoke in favor of item #9i CC 11. Geoffrey Killebrew, Worcester resident, spoke in favor of item #9i CC 12. Yenni Desroches, Worcester resident, spoke neither in favor or opposed to items #7b CC and #7c CC, opposed to items #9f CC and #13f CC and in favor of items #9c CC, #10a CC and #10b CC 13. Emma Narkowitz, Worcester resident, spoke in opposition to items #9e CC and #9f CC and in favor of item #13f CC

Jason Cross request Tewksbury Rd. be made public.

Councilor Jenny Pacillo request Westinghouse Pkwy. be resurfaced.

Councilor Jenny Pacillo request Southwood Rd. be resurfaced.

Councilor Candy Mero-Carlson request Casco St. be resurfaced.

Sandra Pike request Goddard Memorial Dr. be resurfaced.

Valeria Claret request Moreland St. be resurfaced.

Councilor Jenny Pacillo request installation of advisory crosswalk signage on the corner of Burncoat St. and Arbutus Rd.

Councilor Morris A. Bergman request installation of a traffic control signal light at the intersection of Pleasant St. and Bellevue St.

Councilor Luis A. Ojeda request installation of All-Way stop signs at the intersection of Newbury St. and Chatham St., with stop lines being painted at the location and “Stop Sign Ahead” signage being installed at the approaches to the intersection.

Councilor Luis A. Ojeda request installation of curb extensions at the intersection of Pleasant St. and Newbury St.

Councilor Luis A. Ojeda request installation of “Pedestrian Crossing Ahead” signage, “Yield Here to Pedestrian” signage and painted yield lines at the approach to the crosswalk at 425 Pleasant St. in both directions.

Councilor Luis A. Ojeda request installation of “Pedestrian Crossing Ahead” signage, “Yield Here to Pedestrian” signage and painted yield lines at the approach to the crosswalk at 1050-1060 Main St. in both directions.

Councilor Luis A. Ojeda request “30 Minute Parking” on the northwest side of Main St in front of 1000 Main St.

Richard Wiggin request installation of No Parking Anytime signage on the even side of Liscomb St.

James Pauly et al. request installation of winter parking ban on the even side of Shelby St.

Abby Mortillaro request installation of crosswalks on Park Ave. at its intersection with Townsend St.

John Feeley request removal of handicap parking space at 125-127 Plantation St.

NATIONAL GRID for a conduit location at: FREMONT ST. and WEBSTER ST.

Gordon Davis request City Council request City Manager consider holding public hearings concerning the equity audit of the Police Department and the release of public records of police misconduct and hate incidents and the Diversity Officer position and plans concerning the merger of the Human Rights Commission with the Diversity Office.

Beth A. Dyer request City Council meet with the City Manager on a weekly basis to discuss the need of funding to fix potholes.

FROM THE COMMITTEE ON MUNICIPAL AND LEGISLATIVE OPERATIONS - Request City Clerk work with City Solicitor to determine who can clerk City Council Standing Committee meetings.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police provide increased speed enforcement on Olean St.

Request City Clerk provide City Council with a report concerning the process and costs associated with the hand recount of all the Republican ballots cast at the Presidential Primary Election held on March 5, 2024 for the office of Republican, State Committee Woman, First Worcester District. (King)

Request City Manager request Chief Human Resources Officer provide technical assistance and guidance to the City Council for the purposes of establishing an advisory tool and guidelines relative to the Annual Performance Evaluation of the City Manager. (King)

In an effort to make our city cleaner and greener, request City Manager review the feasibility of establishing a solar trash collection receptacle program in the downtown business corridor, public parks and other identified locations in the city. Further, request City Manager establish a trash pickup and recycling pilot program to pick up materials from said receptacles and provide City Council with a report regarding potential revenue streams from wayfinding signage and advertisements, to assist in funding of said services. (King, Pacillo, Mero-Carlson)

Request City Manager provide City Council with an update concerning the status of renovations to Bennett Field, including an estimate for costs associated with cleaning the contamination, repairing the retaining wall, and sources of funding available. (Haxhiaj)

Request City Manager request City Solicitor provide City Council with a report concerning how an ordinance can be repealed. Said report should address the question of whether the City Council can repeal an ordinance without it being approved or initiated by the City Manager. (Russell)

Request City Manager consider waiving all fees to enter the Rental Registration Program and issue a refund to anyone who has paid thus far. (Russell)

Request City Manager request Commissioner of Transportation and Mobility replace the existing “No Parking Anytime” signage on Oriol Dr. (Pacillo)

Request City Manager work with the Police Chief and the city’s State Delegation to install license plate readers on Country Club Blvd. (Pacillo)

Request City Manager request City Solicitor provide City Council with an opinion as to whether Chapter Fourteen, Section Two of the Revised Ordinances relative to street vendors includes an age restriction and, if so, what steps can be taken to remove said restriction as to those aged fourteen (14) and above. (Bergman)

Request City Manager review the large number of streets with “Permanent Winter Parking Ban” signage on them to determine if said signage is needed given how few “snow days” have recently occurred and the challenges associated with on-street parking. (Bergman)

Request City Manager provide City Council with a report concerning the feasibility of conducting a citywide crises response training. (Toomey)

That the City Council of the City of Worcester does hereby urge the Legislature to pass the Cherish Act and that a copy of this resolution shall forthwith be sent to the State Legislative Delegation. (Mero-Carlson)

That the City Council of the City of Worcester does hereby support the Worcester Public Schools’ advocacy for a higher inflation rate in the Fiscal Year 2025 (FY25) foundation budget. (Haxhiaj)

Recommend adoption of an Order to allow the City’s Other Post-Employment Benefits (OPEB) Board to execute a three (3) year contract for Actuarial Services that includes the option(s) to extend for up to two (2) additional one-year periods.

Eric D. Batista, City Manager, recommend adoption of a resolution to file, accept, and expend a grant in the amount of Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) from the Commonwealth of MA, Executive Office of Energy & Environmental Affairs, Department of Conservation & Recreation, to support Elm Park & Newton Hill Improvements program.

Eric D. Batista, City Manager, recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Cost Center #CC1062-600100, Treasury Salaries, and be appropriated to Cost Center #CC1062-610100, Treasury Ordinary Maintenance, to fund citywide postage costs through the remainder of Fiscal Year 2024.

Eric D. Batista, City Manager, recommend that Eight Hundred Twenty Six Thousand Seven Hundred Ten Dollars And No Cents ($826,710.00) be transferred from various Snow accounts, and be appropriated to Cost Center #CC1051-699399, Snow Capital Outlay, to fund the purchase of snow equipment.

Eric D. Batista, City Manager, recommend adoption of a resolution to file, accept and expend a grant in the amount of One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) from the Commonwealth of MA, Executive Office of Energy & Environmental Affairs, Department of Conservation & Recreation, to support the Morgan's Landing and Shore Park Improvements program.

Eric D. Batista, City Manager, recommend that One Hundred Forty Eight Thousand Dollars And No Cents ($148,000.00) be transferred from Cost Center #CC1072-610100, City Manager's Contingency, and be appropriated to Cost Center #CC1058-610100, Union Station Ordinary Maintenance.

Eric D. Batista, City Manager, recommend adoption of an amendment to the Rental Property Registration Program and Residential Rental Unit Periodic Inspection Program ordinances.

REPORT OF THE COMMITTEE ON MUNICIPAL AND LEGISLATIVE OPERATIONS Upon the Communication of the City Clerk recommend consideration for the negotiation of an employee contract with the City Clerk at the commencement of a new, two (2) year term, upon the review of the City Clerk's performance and goals over the past two (2) years: recommend passage of the accompanying proposed Ordinance and adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON MUNICIPAL AND LEGISLATIVE OPERATIONS Upon the Communication of the City Clerk recommend an amendment to the Revised Ordinances of the City of Worcester, Part II, Organization of City Agencies relative to the City Clerk's Office and the City Council Office: recommend adoption of the accompanying Order.

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 Manager transmitting an informational communication relative to the City of Worcester's Payment in Lieu of Taxes (PILOT) agreements. (Tabled Under Privilege - King April 2, 2024)

COMMUNICATION of the City Manager transmitting informational communication relative to the Status of Street Resurfacing and Sidewalk Repair Projects. (Tabled Under Privilege - Mero-Carlson April 2, 2024)

COMMUNICATION of the City Manager recommend adoption of an amendment to the Noise Ordinance. (Tabled Under Privilege - Petty April 2, 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 Mayor Joseph M. Petty – 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. – Item #14a CC Order adopted

ORDER of Councilor Donna M. Colorio – Request City Manager extend the deadline for applying for the Rental Registration Program to June 30, 2024. – Item #14b CC Order adopted

ORDER of Councilor Donna M. Colorio – 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. – Item #14c CC Order adopted

ORDER of Councilor Etel Haxhiaj – 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. – Item #14d CC Order adopted

ORDER of Councilor Khrystian E. King – 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. – Item #14e CC Order adopted

ORDER of Councilor Khrystian E. King – 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. – Item #14f CC Order adopted

ORDER of Councilor George J. Russell – 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. – Item #14g CC Order adopted

ORDER of Councilor Khrystian E. King – Request City Manager review strategies, investments and conservative approaches as they relate to the city’s capital requirements. – Item #14h CC Order adopted

ORDER of Councilor Khrystian E. King – 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. – Item #14i CC Order adopted

ORDER of Councilor George J. Russell – 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. – Item #14j CC Order adopted

ORDER of Mayor Joseph M. Petty – 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. – Item #14k CC Order adopted

Motion Petty @ #13f CC – Request City Manager request City Solicitor provide City Council with a legal opinion relative to the constitutionality of the city’s Rental Property Registration Program.

Motion Haxhiaj @ #13f CC – Request City Manager request Commissioner of Inspectional Services provide City Council with an annual report concerning the progress of the Rental Property Registration Program that includes any challenges faced relative to the program.

Motion Haxhiaj @ #13f CC – Request City Manager provide City Council with a report concerning the number of limited liability companies (LLC’s) that own property in the city.

Motion King @ #13f CC – Request City Manager request Commissioner of Inspectional Services provide City Council with a report auditing data around complaints received by the Inspectional Services Department, the percentage of those complaints that have been followed up on, percentages associated with enforcement of violations and any other pertinent information.

Motion Russell @ #13f CC – Request City Manager request Commissioner of Inspectional Services provide City Council with a report concerning how tenant access and tenant rights are addressed in Boston’s Rental Property Registration Program.

Motion Toomey @ #9b CC – That the City Council of the City of Worcester review documentation and tools provided by the National League of Cities when determining how to review the City Manager.

Motion Bergman @ #9b CC – Request City Manager request City Solicitor provide City Council with a legal opinion as to whether any legal requirements exist relative to the format in which City Councilors submit their evaluations of the City Manager.

Motion King @#9h CC – Request City Manager provide City Council with a report relative to the effectiveness of license plate readers, as well as whether any privacy concerns exist with them.

Motion Mero-Carlson @ #16b –Request City Clerk provide City Council with a report, at its next meeting, detailing a list of all streets and sidewalks approved for resurfacing by City Council from 2020 to present, as well as all speed hump installations considered for discussion by the City Council since the inception of the Resolution for a Speed Hump Pilot Program, which occurred on June 6, 2020.

Motion Toomey – Suspension of Rules – In light of conversations around school building costs and timelines associated with the city’s upcoming budget, request City Manager review the city’s financial planning structure (Five (5) Point Plan) to ensure the financial needs associated with building new schools and renovating existing schools are reflected in said financial plan.