CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 22, 2022

Esther Howland (South) Chamber

Convened: 6:33 P.M.

Recessed to Executive Session: 7:28 P.M. Adjourned from Executive Session: 8:21 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Morris A. Bergman Donna M. Colorio
Etel Haxhiaj Khrystian E. King
Candy Mero-Carlson Thu Nguyen City Clerk
Nikolin Vangjeli
Sarai Rivera Sean M. Rose
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER

3.

ROLL CALL - All present with the Mayor as the Chair.

4.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

4a.

MOMENT OF SILENCE in memory of Peter Stefan, who passed away at the age of 85. Mr. Stefan was a mortician and owner of Graham, Putnam & Mahoney Funeral Parlors in the Main South neighborhood of Worcester.

 

5.

APPROVAL OF THE MINUTES

5a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of March 8, 2022.

Attachments

Mayor Petty read the item and moved to adopt the item. Order adopted

 

6.

PUBLIC PARTICIPATION

6a.

Mayor Petty read the item and recognized the following speakers: 1. Idella Hazard, Worcester resident, spoke in favor of item #13a CC 2. Fred Nathan, Worcester resident, spoke in opposition to item #13a CC 3. William S. Coleman, Worcester resident, spoke in favor of item #13a CC 4. Kathleen Roy, Worcester resident, spoke in opposition to item #13a CC

 

7.

RECESS TO EXECUTIVE SESSION

7a.

The City Council convene in Executive Session at the Tuesday, March 22, 2022, meeting for the purpose of discussing litigation strategy with respect to the case of Town of Holden v. Department of Conservation and Recreation and the City of Worcester, Superior Court Department Civil Action No. 1385CV00910D, and the City Council will reconvene in open session.

Attachments

Mayor Petty read the item and moved for a roll call vote to adopt the item. Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

8.

PETITIONS

8a.

Joanne McGrail request removal of resident permit parking on Holland Rd.

Attachments

Mayor Petty read the item and moved to refer items #8a CC through #8d CC to Traffic and Parking Committee. Referred to Traffic and Parking Committee

 

8b.

Dennis Molinari II request removal of resident permit parking in the vicinity of 40 Winneconnett Rd.

Attachments

Referred to Traffic and Parking Committee (See Item #8a CC)

 

8c.

Adriana Soto request removal of handicap parking space in front of 161 Providence St.

Attachments

Referred to Traffic and Parking Committee (See Item #8a CC)

 

8d.

Idella Hazard request City Council request City Manager advise maintenance staff to lock the front doors to City Hall after the closing of City Council meetings, so as to not lock anyone in the front foyer.

Attachments

Mayor Petty read the item and moved to refer the item to the City Manager. Referred to the City Manager

 

9.

COMMUNICATIONS OF THE CITY MANAGER

 

9.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting informational communication relative to the appointment of John DiCicco and the reappointment of Kimberly Vanderspek to the Election Commission.

Attachments

Mayor Petty read the item and recognized Councilor Russell, who spoke concerning the item. Mayor Petty moved for a roll call vote to confirm the appointment. Confirmed on a roll call vote of 11 Yeas and 0 Nays

 
 

9.2

APPOINTMENTS
City Council Confirmation
 

9.3

DEPARTMENT OF HUMAN RESOURCES
A.

Transmitting informational communication relative to a summary of the FY23 health insurance procurement process and resulting premium rates.

Attachments

Mayor Petty read the item and moved to refer the item to Municipal and Legislative Operations Committee. Referred to Municipal and Legislative Operations Committee

 
 

9.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Recommend adoption of a Resolution to accept and expend a grant in the amount of up to One Hundred Thousand Dollars and No Cents ($100,000.00) to aid in the preparation of a citywide long-range plan.

Attachments

Mayor Petty read the item and moved for a roll call vote to adopt the item. Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

9.5

EXECUTIVE OFFICE OF DIVERSITY AND INCLUSION
 

9.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Recommend adoption of an Order of Taking of the 132-acre Namiotka property in Holden and Rutland, MARefer to CCM Item 9.36A

Attachments

Mayor Petty read the item and moved to adopt the item. Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
B.

Transmitting informational communication relative to a report concerning the feasibility of administratively predetermining the amount of abatement amounts for bills from private street conversion, as well as utility installations, and automatically in advance, factor in those amounts to each assessment.

Attachments

Mayor Petty read the item and recognized Councilor Russell, who spoke concerning the item. Mayor Petty recognized the City Solicitor, who responded to questions raised by Councilor Russell. Councilor Russell then moved to, “Request City Manager request City Solicitor provide City Council with a draft ordinance and/or any documentation required allowing for the administration to predetermine and factor in abatement amounts when providing assessment bills from private street conversions.” (See Item #14b CC). Mayor Petty recognized Councilor Bergman, who spoke concerning the item. Mayor Petty moved to refer the item to Public Works Committee. Referred to Public Works Committee

 
 

9.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

9.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting informational communication relative to the 2022 Spring Sweeping Program

Attachments

Mayor Petty read the item and recognized Councilor Bergman, who spoke concerning the item. Mayor Petty recognized the Commissioner of Public Works and Parks, who responded to questions raised by Councilor Bergman. Mayor Petty moved to refer the item to Public Works Committee. Referred to Public Works Committee

 
 

9.9

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

9.10

FIRE DEPARTMENT
 

9.11

POLICE DEPARTMENT
 

9.12

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

9.13

LICENSE COMMISSION
 

9.14

LAW DEPARTMENT
 

9.15

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

9.16

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

9.17

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

9.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
 

9.19

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Public Health
 

9.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Elder Affairs
 

9.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Human Rights and Accessibility
 

9.22

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Veterans Services
 

9.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Youth Services
 

9.24

WORCESTER PUBLIC LIBRARY
 

9.25

EXECUTIVE OFFICE OF THE CITY MANANGER
Cultural Development Division
 

9.26

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

9.27

EXECUTIVE OFFICE OF THE CITY MANAGER
Office of Urban Innovation
 

9.28

PUBLIC SCHOOL DEPARTMENT
 

9.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

9.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Transmitting informational communication relative to the Fiscal Year 2022 financial update, as of February 28, 2022.

Attachments

Mayor Petty read the item and recognized Councilor King, who spoke concerning the item. Mayor Petty recognized the City Manager, who responded to questions raised by Councilor King. Councilor King then moved to, “Request City Manager provide City Council with a report concerning the impact inflation is having on the city’s bottom line, projects and budgeting.” (See Item #14c CC). Mayor Petty recognized Councilor Colorio, who spoke concerning the item. Mayor Petty recognized the Chief Financial Officer, who responded to questions raised by Councilor Colorio. Councilor Colorio then moved to, “Request City Manager provide City Council with a report comparing taxes collected over the last three years to determine whether more individuals and companies are defaulting on their taxes.” (See Item #14d CC). Mayor Petty moved to refer the item to Municipal and Legislative Operations Committee. Referred to Municipal and Legislative Operations Committee

 
 

9.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

9.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

9.33

DEPARTMENT OF PUBLIC FACILITIES
 

9.34

DEPARTMENT OF SUSTAINABILITY AND RESILIENCE
 

9.35

DEPARTMENT OF TECHNICAL SERVICES
 

9.36

FINANCE ITEMS
Capital Transfers
A.

Recommend that Six Hundred Thirty Thousand Two Hundred Fifty Dollars And No Cents ($630,250.00) be transferred from DPW Account #45C722, Water Transmission Mains, and be appropriated to DPW Account #45C786, Water Shed Land Acquisition, to allow for the Namiokta taking.Refer to CCM Item 9.6A

Attachments

Mayor Petty read the item and moved for a roll call vote to adopt items #9.36A CM through #9.36C CM, #9.37A CM through #9.37E CM and #9.38A CM through #9.38F CM. Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
B.

Recommend that Twelve Thousand Dollars And No Cents ($12,000.00) be transferred from Loan Account #91C744B, Off Street Parking Building Rehab, and be appropriated to DPW Account #46C707, Parking Garage Improvements, to allow for contractually obligated payments for garage improvements.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) (See Item #9.36A CM)

 
C.

Recommend that Thirty Seven Thousand Five Hundred Eighty Nine Dollars And No Cents ($37,589.00) be transferred from Loan Account #91C7804, Citywide Capital Equipment, and be appropriated to DPW Account #41C703, DPW Equipment, to allow for the purchase and payment of approved DPW equipment.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) (See Item #9.36A CM)

 
 

9.37

FINANCE ITEMS
Grants and Donations
A.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Fifteen Thousand Dollars And No Cents ($15,000.00) from the Massachusetts Board of Library Commissioners through the Library Services Technology Act Grant (LSTA) program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) (See Item #9.36A CM)

 
B.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Seven Hundred Forty Thousand Dollars And No Cents ($740,000.00) from Massachusetts Executive Office For Administration And Finance under the Mask Program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) (See Item #9.36A CM)

 
C.

Recommend adoption of a resolution to file, accept and expend a competitive grant in an amount up to Five Hundred Thousand Dollars And No Cents ($500,000.00) per year for four years from the Substance Abuse and Mental Health Services Administration under the FY2022 Comprehensive Addiction and Recovery Support Grant program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) (See Item #9.36A CM)

 
D.

Recommend adoption of a resolution to file, accept and expend a competitive grant in the amount of Five Hundred Thousand Dollars And No Cents ($500,000.00) from Massachusetts Executive Office of Health and Human Services under the FY2022 Jail/Arrest Diversion Grant program to support the on-going creation and implementation of the Community Crisis Response Program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) (See Item #9.36A CM)

 
E.

Recommend adoption of a resolution to file, accept and expend a grant in the amount of Two Million Five Hundred Fourteen Thousand Five Hundred Sixty Seven Dollars And No Cents ($2,514,567.00) from Massachusetts State 911 Department under the FY2023 Support and Incentive Grant program to support continued operations and improvements of the Worcester Regional Emergency Communications Center.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) (See Item #9.36A CM)

 
 

9.38

FINANCE ITEMS
Operational Transfers
A.

Recommend that Two Hundred Five Thousand Dollars And No Cents ($205,000.00) be transferred from Account #121-92000, Court Judgments, and be appropriated to various accounts to provide funding for Law Department expenses through the remainder of Fiscal Year 2022.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) (See Item #9.36A CM)

 
B.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #120-91000, Law Department Regular Salaries, and be appropriated to Account #120-92000, Law Department Ordinary Maintenance, to fund costs associated with outside legal counsel.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) (See Item #9.36A CM)

 
C.

Recommend an amendment to the Fiscal Year 2022 Table of Organization for the Executive Office of Economic Development.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) (See Item #9.36A CM)

 
D.

Recommend adoption of an amendment to the Fiscal Year 2022 table of organization of the Department of Public Works and Parks, Water Enterprise, by eliminating and adding positions as detailed.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) (See Item #9.36A CM)

 
E.

Recommend an amendment to the Fiscal Year 2022 Table of Organization for the Department of Public Works and Parks.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (See Item #9.36A CM)

 
F.

Recommend an amendment to the Fiscal Year 2022 Table of Organization for the Worcester Public Library.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) (See Item #9.36A CM)

 
 

9.39

FINANCE ITEMS
Prior Year
 

9.40

FINANCE
Loan Orders
A.

Recommend that the loan order this Council adopted on June 19, 2015 which authorized the borrowing of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00), for Traffic Signal Improvements, be hereby amended in its entirety.

Attachments

Mayor Petty read the item and moved for a roll call vote to advertise the proposed Loan Order. Voted to advertise proposed Loan Order on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
B.

Recommend that the loan order this Council adopted on June 21, 2016, which authorized the borrowing of Two Hundred Eighty Thousand Dollars and No Cents ($280,000.00), for Traffic Signal Improvements, be hereby amended in its entirety.

Attachments

Mayor Petty read the item and moved for a roll call vote to advertise the proposed Loan Order. Voted to advertise proposed Loan Order on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
 

9.41

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting informational communication relative to a report outlining a comprehensive overview of this year’s Summer Recreation and Safety Initiatives

Attachments

Mayor Petty read the item and recognized Councilor Rivera, Councilor Rose, Councilor Toomey and Councilor King, who spoke concerning the item. Mayor Petty recognized the Deputy Police Chief and City Manager, who responded to questions raised by Councilor King. Councilor King then moved to, “Request City Manager request Police Chief provide City Council with an update concerning the timeframe for when all Worcester Police Department (WPD) vehicles will be equipped with water safety devices to assist law enforcement in water-related emergencies, as well as related costs associated with same.” (See Item #14a CC). Mayor Petty moved to refer the item to Veterans’ Memorials, Parks and Recreation Committee. Referred to Veterans’ Memorials, Parks and Recreation Committee

 
10.

TO BE ORDAINED

10a.

Concerning the Compensation of the Cultural Development Officer.

Attachments

Mayor Petty read the item and moved for a roll call vote to ordain the item. Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

11.

TABLED UNDER PRIVILEGE

11a.

ORDER of Councilor Etel Haxhiaj - Request City Manager contact the appropriate representatives from Eversource to determine the feasibility of the company sending written communication to the residents of Flagg St. detailing the timeline for construction on the street, including ample written notification to residents whose backyards the company need to access, as well as how Eversource plans to assist landscaping in excavated areas. (Tabled Under Privilege - Haxhiaj March 15, 2022)

Attachments

Mayor Petty read the item and recognized Councilor Haxhiaj, who moved for a roll call vote to Table the Item Under Privilege for a second time. Tabled Under Privilege on a roll call vote of 10 Yeas and 0 Nays (Toomey absent). Tabled Under Privilege - Haxhiaj

 

11b.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting informational communication relative to the Residential Street Resurfacing Program for FY23 and FY24: recommend adoption of the accompanying Order. (Tabled Under Privilege - Russell March 15, 2022)

Attachments

Mayor Petty read the item and moved to accept and adopt the item as amended to reflect changes made to the FY23 and FY24 Street Resurfacing lists in Districts 3 and 4, including the addition of Sandra Dr. in District 3, as well as the removal of inadvertently listed streets in District 4. Accepted and adopted as amended on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

12.

TABLED ITEMS

12a.

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)

Attachments

No action taken

 

12b.

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)

Attachments

No action taken

 

12c.

ORDER of Councilor Sarai Rivera - Request City Clerk research the feasibility of authorizing legal residents who have not been naturalized yet to vote in elections at the local level. (Tabled Under Privilege - Mero-Carlson October 26, 2021 and Tabled Under Privilege - Petty November 9, 2021 and Tabled - Rivera November 16, 2021)

Attachments

No action taken

 

12d.

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)

Attachments

No action taken

 

13.

BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the March 15, 2022 City Council meeting.

13a.

ORDER of Councilor Sean M. Rose – Request City Manager provide City Council with a report concerning various diversity, equity and inclusion (DEI) work undertaken by the city, including but not limited to implementing pronouns in professional signatures, creating an equity cabinet, creating a DEI workforce recruitment sourcing platform, issuing an executive order to address institutional racism, implementing the Worcester Police Department cadet program, conducting three (3) racial equity audits as well as diversity initiatives in WDP and WFD. Further, request City Manage provide City Council with a report concerning Human Resource’s involvement with DEI work in the city. – Item #19a CC Order adopted

 

13b.

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a report concerning the number of new and existing Alcoholic Beverage Licenses, including wine and malt licenses, as well as marijuana establishments that are approved in the city with an equity lens. – Item #19b CC Order adopted

 

13c.

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with information pertaining the current challenges residents are facing when attempting to access fuel assistance, as well as how those current challenges are being addressed. – Item #19c CC Order adopted

 

14.

NEW BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the March 22, 2022 City Council meeting.

14a.

Motion King #9.41A CM – Request City Manager request Police Chief provide City Council with an update concerning the timeframe for when all Worcester Police Department (WPD) vehicles will be equipped with water safety devices to assist law enforcement in water-related emergencies, as well as related costs associated with same.

Attachments

Order adopted (See Item #9.41A CM)

 

14b.

Motion Russell # 9.6B CM – Request City Manager request City Solicitor provide City Council with a draft ordinance allowing for the administration to predetermine and factor in abatement amounts when providing assessment bills from private street conversions.

Attachments

Order adopted (See Item #9.6B CM)

 

14c.

Motion King @ #9.30A CM – Request City Manager provide City Council with a report concerning the impact inflation is having on the city’s bottom line, projects and budgeting.

Attachments

Order adopted (See Item #9.30A CM)

 

14d.

Motion Colorio @ #9.30A CM – Request City Manager provide City Council with a report comparing taxes collected over the last three years to determine whether more individuals and companies are defaulting on their taxes.

Attachments

Order adopted (See Item #9.30A CM)