CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 20, 2023

Esther Howland (South) Chamber

Convened: 6:33 P.M.

Adjourned: 8:35 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Eric D. Batista

City Auditor
Robert V. Stearns

Councilors

Mayor Petty presented Homeless Projects Manager Evis Terpollari, WPS Employee Brenda Colon, Senior Environmental Analyst Jacquelyn Burmeister and Housing Development Director James Brooks with Keys to the City for winning the Thomas S. Green Award, which recognizes the extraordinary efforts individuals who have dedicated their careers and personal lives to their community.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of June 6, 2023.

Mayor Petty read the item and recognized the following speakers: 1. Fred Nathan, Worcester resident, spoke in favor of item #8o CC and #10i CC 2. Chris Horton, Worcester resident, spoke in favor of item #10j CC and #10k CC 3. Idella Hazard, Worcester resident, spoke in favor of item #10e CC and in opposition to item #8o CC 4. Charles Latino, Worcester resident, spoke in favor of item #7a CC 5. Timothy Corbett, Worcester resident, spoke in opposition to item #13j CC 6. Paul Popinchalk, Worcester resident, spoke in favor of item #10f CC and item #16m CC 7. Sherry Stanley, Worcester resident, spoke in favor of item #10j CC and #10k CC 8. Grace Ross, Worcester resident, spoke in favor of item #10j CC and #10k CC 9. Keith Scott, Worcester resident, spoke in favor of item #10e CC

Hearing: NATIONAL GRID for a conduit location on: HOUGHTON ST. Granting permission to NATIONAL GRID for a conduit location on: HOUGHTON ST.

Hearing: NATIONAL GRID for a conduit location on: MILL ST. and CHANDLER ST. Granting permission to NATIONAL GRID for a conduit location on: MILL ST. and CHANDLER ST.

Hearing: VERIZON NEW ENGLAND INC for a conduit location on: SEYMOUR ST. Granting permission to VERIZON NEW ENGLAND INC for a conduit location on: SEYMOUR ST.

Laurenka Bashaj request Lebanon St. be made public.

Dianne Sanderson et al. request installation of street light at the intersection of Newbury St. and Pleasant St.

John Yanczewski request sidewalk repair on Richland St. from Vernon St. to the fire hydrant on the even side.

Dianne Sanderson et al request installation of flashing crosswalk lights at the intersection of Newbury St. and Pleasant St.

Kristen Milliken request installation of speed limit signage on Moreland St. in the vicinity of Brook Hill Dr.

Kristen Milliken request installation of flashing crosswalk lights at the intersection of Moreland St. and Brook Hill Dr.

Natalie Turner request installation of resident permit parking on Parker St. from Park Ave. to Mayfield St.

Bruce J. Brooks request installation of speed humps on Carlisle St.

Michael Marques request installation of speed hump in front of 67 June St.

John Yanczewski request traffic enforcement on Richland St.

John Yanczewski request installation of "No Parking Anytime Monday to Friday 6:30a.m. to 8:00 a.m. and 1:30 p.m. to 3:00 p.m." signage on both sides of Richland St.

Councilor Etel Haxhiaj on behalf of Nathalie Gibson request installation of “No Parking Anytime” signage on one of two sides side of Fourth St.

Councilor Etel Haxhiaj on behalf of Nathalie Gibson request installation of a weight restriction/truck ban on Fourth St.

Jeffrey Melville request installation of four-way stop sign at the intersection of Fruit St. and William St.

Michael Grandone request City Council request City Manager consider creating a rent control program, through which a real estate cap tax for owners of rental properties be established. Further, request City Council request City Manager request City Solicitor provide City Council with legal opinion concerning the legality of such real estate rental control program and whether it would be a violation under "free enterprise" and "restriction of trade" laws.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request Commissioner of Public Works and Parks work with the owner of 87 Henshaw St. to determine the best solutions to address issues relative to water drainage on Henshaw St.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager consider using available free cash at the end of the fiscal year to abate water and sewer rates for Worcester residents.

Request City Manager request Commissioner of Transportation and Mobility provide City Council with suggestions for traffic calming measures on Fourth St. to increase safety and minimize speeding. (Haxhiaj)

Request City Manager request Commissioner of Transportation and Mobility provide City Council with an update concerning any short-term traffic calming measures available to make the Newton Square rotary safer for drivers and pedestrians, while longer-term solutions are explored. (Haxhiaj)

Request City Manager request Assistant Commissioner of Public Works and Parks consider making improvements to the wear and tear of the Newton Square Tennis courts. (Haxhiaj)

Request City Manager request Commissioner of Transportation and Mobility review the light sequencing at the intersection of Main St. with Highland St. and Grove St. to ensure adequate time for cars to exit Main St. onto Grove St. and from Grove St. onto Main St. (Petty)

Request City Manager request Commissioner of Health and Human Services host a public hearing relative to the closure of the Community Healthlink detox facility, including information as to how the workers and community can engage in a process to reopen the facility. (Petty)

Request City Manager request Commissioner of Health and Human Services provide City Council with an update concerning the implementation of cooling centers during the summer months, in an effort to ensure the city finds an immediate solution to heat related deaths. Further, request said update include information pertaining to how the city plans to address any future increases in heat related deaths, including but not limited to increasing the number of public shade trees planted in the city. (Petty)

Request City Manager provide City Council with an update concerning the number of seniors in the city using the Senior Work off Program to pay off their taxes. (Mero-Carlson, Petty)

Request City Manager request City Assessor provide City Council with a report concerning the income ranges associated with the Elderly Abatement Tax Exemption, as well as any ranges associated with any other exemptions, including but not limited to abatements for widows and veterans. (Mero-Carlson, Petty)

Request City Manager request Police Chief provide enforcement of cars illegally parking on the sidewalks, which are obstructing pedestrian access to walking areas. (Mero-Carlson)

Request Standing Committee on Municipal and Legislative Operations review the attached legal opinion acquired by the statewide coalition, the Mass Alliance Against Predatory Lending, solicited on behalf of the Worcester Anti-Foreclosure Team (WAFT) in relation to the city’s recent legal opinion concerning court appointed special process servers and constables not licensed in the city evicting residents. (Nguyen, Haxhiaj)

Request Standing Committee on Municipal and Legislative Operations meet jointly with the Standing Committee on Public Safety to review the attached letter from retired federal prosecutor, Sarah McKee, concerning the violence of a constable not licensed in the city physically assaulting city residents. (Nguyen, Haxhiaj)

Eric D. Batista, City Manager, recommend City Council's approval of Fiscal Year 2023 year-end transfers to make adjustments to City accounts to balance the Fiscal Year 2023 Budget.

Eric D. Batista, City Manager, transmitting informational communication relative to my self-evaluation of the work and accomplishments of my Administration for Fiscal Year 2023.

Eric D. Batista, City Manager, recommending adoption of a salary ordinance amendment to permit the City to equitably establish step increment date for incumbent employees when their positions are regraded or reclassified.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Donald J. O'Neil, on behalf of Lord St. LLC, request Zoning Map be amended to extend the RG-5 Zoning District, running along and/or parallel to Mason Street, westerly to include, in their entirety, the land situated at: 53 Mason St., 54 Mason St., and 11 Parker St. Said parcels being currently zoned MG-1.0; 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 Paul Conger request the Zoning Map be amended to include 38 Harlow St. and 24 New St. within the Adaptive Reuse Overlay District: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the FY24 water and sewer rate recommendation: recommend passage of the accompanying two (2) proposed Ordinance.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Blake Simpson request Forsberg St. from Harwich St. westerly a distance of approximately 500 feet, to the end of the constructed way, be converted to a public road: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Alex Corrales, Chief Executive Officer of the Worcester Housing Authority, request 1) discontinuance of a westerly portion of Brookview Dr.; a northwesterly portion of Brookview Dr.; and a cul-de-sac at an easterly portion of Green Brook Valley Ave. near its intersection with Joseph P. Carlson Way; 2) the alteration and layout of a northwesterly portion Brookview Dr.; a portion of the westerly end of Great Brook Valley Ave.; and portions of the northerly and southerly sides of Great Brook Valley Ave. by virtue of permanent easements to be taken in certain parcels of land as shown in the attached plans; and 3) the abandonment of the City's property rights in the discontinued portions of Brookview Dr. and Great Brook Valley Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Councilor Candy Mero-Carlson, Mayor Joseph M. Petty. Councilor Gary Rosen, Councilor Morris A. Bergman, Councilor Kathleen M. Toomey and Councilor Khrystian E. King request Mullberry St. from Shrewsbury St. to East Central St. be renamed Mount Carmel Way: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Chairman's Order from the Committee on Public Works - Request Standing Committee on Public Works hold a hearing to construct sidewalks, at the city's expense, adjacent to city owned properties and as needed on Sunderland Rd., to create safer pedestrian safety to access large housing complexes: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Lena Riccardi request abatement of street assessment #25813, in the amount of $18,381.60 for Delmont Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jimmy Georges request removal of street light in front of the driveway at 204 Dana Ave.: recommend adoption of the accompanying Order to relocate the streetlight at the applicant's expense.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Stephen Campbell request extension of water main on Kenwood Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Order of Councilor Etel Haxhiaj - Request City Manager work with the appropriate representative from National Grid to provide City Council with a report relative to the outage on February 1, 2023 that affected the areas of Beaver Brook Park, Mayfield St. and Park Avenue. Said report should include a summary of National Grid protocols for dealing with emergency power outages, their communication plans to residents, businesses and City officials, and how they plan to handle future emergencies: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Anthony Maina request extension of the water and sewer lines along the Salisbury St. and Newton North Ave. intersection towards 364 Salisbury St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Stephen Lentz request Kenyon Ave. be made a public street: recommend Report be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Blake Simpson request Steele St. from Keach Ave. to Forsberg St. be converted to a public road: recommend Report be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Laurian Banciulescu request to convert the entire length of Denmark St. from private to public: recommend Report be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Philip Sciascia Jr. and Nadia Amrani request the portion of Locust Ave. from its intersection with Lake View St. up to and including 53 Locust Ave. be made public: recommend Report be denied.

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 and Tabled Under Privilege - Petty June 13, 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 June 13, 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 and June 13, 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 and June 13, 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 and June 13, 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 and June 13, 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 and June 13, 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 Khrystian E. King – 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. – Item #15a CC Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager consider reviewing and duplicating Philadelphia’s Dispute Resolution Program through grant funding (see attached). – Item #15b CC Order adopted

ORDER of Councilor Khrystian E. King – 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. – Item #15c CC Order adopted

ORDER of Councilor Thu Nguyen – Request City Manager request Police Chief provide City Council with a report concerning the proper police response to issues surrounding assault during evictions. – Item #15d CC Order adopted

ORDER of Councilor Thu Nguyen – Request City Manager request City Solicitor provide City Council with a report concerning any charges brought forth relative to outside constables. – Item #15e CC Order adopted

ORDER of Councilor Thu Nguyen – Request City Manager provide City Council with a report concerning how long the city’s website has incorrectly stated the City Council approves constables. – Item #15f CC Order adopted

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with a report concerning whether a special process server can seize property. – Item #15g CC Order adopted

ORDER of Councilor Sean M. Rose – Request City Manager create a resource for residents who are being foreclosed upon to deal with issues through the proper channels. – Item #15h CC Order adopted

ORDER of Councilor Thu Nguyen – 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. – Item #15i CC

OREDER of Councilor Candy Mero-Carlson – 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. – Item #15j Order adopted

ORDER of Councilor Khrystian E. King – Request City Auditor provide City Council with a total population audit of the Worcester Police Department (WPD) overtime monies. – Item #15k Order adopted

ORDER of Councilor Khrystian E. King – 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. – Item #15l Order adopted

ORDER of Councilor Khrystian E. King – Request City Manager ensure construction laborers are included in conversations around adopting the Specialized Opt-In Stretch Code. – Item #15m Order adopted

Motion King @ #10f CC – Request City Manager provide City Council with an update concerning actions the city has taken relative to warming and cooling centers.

Motion Toomey @ #10f CC – Request City Manager reach out to WPI to explore creating a study or plan for providing residents with solar powered air conditioners through grant monies or donations from companies, such as National Grid.

Motion King @ #10f CC – Request City Manager provide City Council with a report concerning the efforts that have been made to apply for grant funding to support warming and cooling centers, as well as any grants under future consideration.

Motion King @ #10i CC – Request City Manager request Commissioner of Transportation and Mobility provide City Council with a report concerning the challenges on streets where cars park on the curbs illegally, such as Canterbury St.

Motion King @ #11b CC - That the City Council of the City of Worcester does herby amend its meeting schedule to make June 27, 2023 a joint City Manager Evaluation and City Council agenda.

Motion Russell @ #14e CC – Request City Manager provide City Council with a report detailing the amount of money generated from city trash bags that deducts the cost of the trash bags themselves. Further, request City Manager include in said report information concerning the revenues generated from disposing large, bulk items.

Motion King @ #14e CC – Request City Manager provide City Council with a report concerning the feasibility of expanding the hours of the Department of Public Works and Parks’ Residential Drop-Off Centers.

Motion Colorio @ #14g CC – Request City Manager provide City Council with a report concerning how short-term rentals such as Airbnb will be handled in the city’s rental registry program.

Motion Haxhiaj – Suspension of Rules – Request City Manager provide City Council with a report concerning how the Affordable Housing Trust Fund Board of Trustees screens and monitors for irresponsible developers, especially those that have a history of code, health and tenant rights violations.

Motion King – Suspension of Rules – That the City Council of the City of Worcester does herby go on record in opposition to 2 Gage Worcester LLC’s application presentation to the Affordable Housing Trust Fund Board of Trustees relative to 2 Gage Street.

Motion Russell – Suspension of Rules – Request City Manager request City Solicitor provide City Council with a report detailing options the city has relative to creating an ordinance that would disallow property owners with outstanding, major code and safety violations from applying for monies through the Affordable Housing Trust Fund Board of Trustees and other similar programs.

Motion Rivera – Suspension of Rules – Request City Manager provide City Council with an update concerning the city’s Tax Increment Financing (TIF) ordinance.

Motion Rivera – Suspension of Rules – Request City Manager ensure the immediate establishment of a working group of experts in the housing field, the city’s administration and the Mayor’s Office for the purposes of scheduling meetings to discuss the possibility of a moratorium on homeless encampment sweeps.