CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 25, 2022

Virtual Meeting

Convened: 6:30 P.M.

Adjourned: 10:00 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

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 January 11, 2022.

Mayor Petty read the item and recognized the following speakers: 1. Sherry Lee Burke, Uxbridge resident, spoke in opposition to item #7i CC 2. Cynthia Trapani, Mendon resident, spoke in opposition to item #7i CC 3. James Kalogeropoulos, Worcester resident, spoke in opposition to item #10a CC 4. Catherine Callahan, Worcester resident, spoke in opposition to item #7i CC 5. Fred Nathan, Worcester resident, spoke in opposition to items #7i CC and #10a CC 6. Thomas Hickey, Rowley resident, spoke in opposition to item #7i CC 7. Lauren (last name indiscernible), Holden resident, spoke in opposition to item #7i CC 8. Beth Smith, Worcester resident, spoke in opposition to item #7i CC 9. Joseph Hong, Worcester resident, spoke in opposition to item #7i CC 10. Ted Cirlecki, Barre resident, spoke in opposition to item #7i CC 11. Jennifer Belanger, Shrewsbury resident, spoke in opposition to item #7i CC 12. Gina Phillips, Boylston resident, spoke in opposition to item #7i CC 13. Michael Hatfield, Worcester resident, spoke in opposition to item #7i CC 14. Douglas Arbetter, Worcester resident, spoke in favor of item #7i CC 15. Caroline Williams, Holden resident, spoke in opposition to item #7i CC 16. Danielle Robert, Shrewsbury resident, spoke in opposition to item #7i CC 17. Alex Guardiola, Worcester resident, spoke in opposition to item #7i CC 18. Adele Miller, Auburn resident, spoke in opposition to item #7i CC 19. Aaron Darvish, Worcester resident, spoke in opposition to item #7i CC 20. Bonny Manilla, Dudley resident, spoke in opposition to item #7i CC 21. Yenni Desroches, Worcester resident, spoke in favor of items #7i CC and #10a CC, as well as in opposition of item #8.17A CM 22. Paul Franco, Worcester resident, spoke in opposition to item #7i CC 23. Randy Martin, no residence given, spoke in opposition to item #7i CC 24. Ryan Harris, Lunenburg resident, spoke in opposition to item #7i CC 25. Sarah Ray, Blackstone resident, spoke in opposition to item #7i CC 26. Shawn Coakley, Princeton resident, spoke in opposition to item #7i CC 27. Sonia Dejolie, Worcester resident, spoke in opposition to item #7i CC 28. Dawn Delgado, Worcester resident, spoke in opposition to item #7i CC 29. Stephanie Gonzalez, no residence given, spoke in opposition to item #7i CC 30. Susan Jacobson, Holden resident, spoke in opposition to item #7i CC 31. Loretta Janka, Worcester resident, spoke in opposition to item #7i CC 32. Lisa Johnson, Brookfield resident, spoke in opposition to item #7i CC 33. Kevin Grimly, Leominster resident, spoke in opposition to item #7i CC 34. Kendra Bruce, Worcester resident, spoke in opposition to item #7i CC and #8.17A CM 35. Matthew Bruce, Worcester resident, spoke in opposition to item #7i CC

Patrick Sargent request the pillars at the corners of Palisades St., Dallas St. and Coburn Ave. be repaired and preserved.

Councilor Etel Haxhiaj on behalf of Raymond Hopkins request sidewalk resurfacing in front of 47 Carlisle St.

Councilor Etel Haxhiaj on behalf of Stacy Fletcher request installation of a guardrail in front of 25 St. Kevin Rd.

Mary Sue Schaefer request installation of resident permit parking on Saint Paul Dr.

Mary Sue Schaefer request installation of signage indicting "No Student Drop Off or Pick Up Mondays through Fridays" on Saint Paul Dr.

Councilor George J. Russell on behalf of Joanne Papagni request installation of a restriction for through traffic of trucks on Ernest Ave.

Councilor George J. Russell and Councilor Candy Mero-Carlson on behalf of John Fresolo request the timing for cars exiting Wall St. onto Grafton St. at the intersection's traffic signal be shortened to allow for Grafton St. traffic to move quicker.

Douglas Arbetter et al. request City Council request City Manager consider bringing forth an ordinance amending the Zoning Ordinance of the city to prohibit the construction of, or new land use for, fossil-fuel automobile refueling stations city-wide.

Douglas Arbetter request City Council request City Manager enact and enforce a vaccine mandate that requires proof of vaccination to enter all restaurants, gyms/weight training facilities and entertainment venues in the city.

Transmitting informational communication relative to the appointment of Angel Santana as Constable.

Transmitting informational communication relative to the reappointment of John Deedy to the Hope Cemetery Commission.

Transmitting informational communication relative to the reappointment of Seth Pitts to the Trust Funds Commission.

Transmitting informational communication relative to the appointment of Ellen Shemitz to the Human Rights Commission.

Transmitting informational communication relative to the appointment of Thuha Le to the Elder Affairs Commission.

Recommend the reappointment of Stephen Quist to the Cable Television Advisory Committee.

Transmitting informational communication relative to a Diversity Recruitment Initiative – Circa/DiversityJobs.com.

Recommend adoption of salary ordinance for Department of Public Facilities.Refer to CCM Item 8.38G

Transmitting informational communication relative to foreclosures and evictions in the city.

Transmitting informational communications relative to a report based on a collaborative effort between Inspectional Services and the Department of Public Works, as well as recommended adoption of two (2) Ordinance Amendments, prepared by City Solicitor Michael E. Traynor, based on suggested recommendation from the Commissioner of Inspectional Services, the Director of Housing and Health, and the Commissioner of Public Works.

Transmitting informational communication relative to a presentation by Commissioner of Health & Human Services on updates related to COVID19.

Recommend adoption of a resolution relative to the funding of the 2022 Worcester Arts Council grant applications.

Transmitting informational communication relative to citywide programming for Black History Month.

Transmitting informational communication relative to the Fiscal Year 2022 financial update, as of December 31, 2021.

Transmitting informational communication relative to the certification of funds in the DCU Special District Improvement Fund.

Recommend adoption of a resolution to accept with gratitude an in kind donation of multiple items of furniture that were formerly owned by Becker College from Hampton Properties.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Account #270-91000, Emergency Communications Salaries, and be appropriated to Account #270-97000, Emergency Communications Overtime, to provide sufficient funding for overtime for the remainder of Fiscal Year 2022.

Recommend that One Hundred Twenty Five Thousand Dollars And No Cents ($125,000.00) be transferred from Reserve Account #33093, PEG Government Access, and be appropriated to Account #04S61601, Government Access, to provide sufficient funding for the Cable PEG program for the 3rd Quarter of Fiscal Year 2022.

Recommend that One Hundred Fifty One Thousand Nine Hundred Sixteen Dollars And No Cents ($151,916.00) be transferred from Account #900-92000, City Manager's Contingency, and be appropriated to Account #6803-92000, Technical Services Ordinary Maintenance, to process the INET funding source credit which was approved as part of the Fiscal 2022 Budget .

Recommend that Two Hundred Fifty Seven Thousand Dollars And No Cents ($257,000.00) be transferred from Account #410-91000, DPW Salaries, and be appropriated to Account #410-97000, DPW Overtime, to cover anticipated overtime costs.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from various accounts and be appropriated to Account #112-92000, Public Facilities Ordinary Maintenance, to provide funding for snow removal services at various City owned properties for the remainder of Fiscal Year 2022.

Recommend that One Hundred Thirty Four Thousand Five Hundred Dollars And No Cents ($134,500.00) be transferred from Account #900-92000, City Manager's Contingency, and be appropriated to Account #150-93000, Elections Capital Outlay, to provide funding for the purchase of voting related equipment that is required relative to the 2020 State redistricting.

Recommend adoption of the attached order to amend the Fiscal Year 2022 Table of Organization for the Department of Public Works, Engineering Division, and the Department of Public Facilities. Furthermore, recommend that One Hundred Twenty One Thousand Two Hundred Forty Three Dollars And No Cents ($121,243.00) be transferred from Account #4102-91000, DPW Engineering Salaries, and be appropriated to Account #112-91000, Public Facilities Salaries, to provide funding through the remainder of Fiscal Year 2022 for three (3) positions that are transferring from the Department of Public Works, Engineering Division to the Department of Public Facilities.Refer to CCM Item 8.4A

Transmitting informational communication relative to ad hoc committees for the community allocation of ARPA (American Rescue Plan Act) funding.

Nikolin Vangjeli, City Clerk, transmitting an informational communication pertaining to the creation of the City Archive, including the future location of the archive at 61 Sever Street (the old Becker College Library).

Nikolin Vangjeli, City Clerk, transmitting an informational communication relative to the FY22 supplemental capital and operational expenditures transfer for the City Clerk – Election Division.

Nikolin Vangjeli, City Clerk, transmitting an informational communication concerning the total number of public participants in City Council meetings from 2016 to present.

ORDER of Councilor Etel Haxhiaj, Councilor Sarai Rivera, Councilor Sean M. Rose and Councilor Khrystian E. King - Request City Manager consider initiating an executive order and/or ordinance establishing a moratorium on foreclosures and evictions in the City of Worcester during the duration of the COVID-19 pandemic emergency. Attached is the proposed language for such legislation. (Tabled Under Privilege - Bergman January 18, 2022)

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 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)

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)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Donald O'Neil request to amend the Zoning Map by changing the zoning of the two parcels of land located at 1 Brattle St. and 7 Brattle St. from RS-7 to BL-1.0: recommend passage of the accompanying Ordinance. (Tabled Under Privilege - Rose December 21, 2021 and Tabled Under Privilege - Petty January 11, 2022 and Tabled - Petty January 18, 2022)

ORDER of Councilor Donna M. Colorio – Request City Manager and City Clerk provide City Council with a report concerning why the city’s ordinances currently allow for city residents to own two (2) dogs. – Item #14a CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Morris A. Bergman – Request City Manager and City Clerk provide City Council with a report concerning how many dogs other cities of similar sizes allow their residents to own. – Item #14b CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Khrystian E. King – Request City Manager and City Clerk provide City Council with a report detailing the ordinances other cities and towns use relative to how many dogs residents are allowed to own. – Item #14c CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor George J. Russell – Request City Manager request City Solicitor provide City Council with a report concerning the differences between a potential moratorium on foreclosures and evictions in the city with the moratorium presented in Boston that was invalidated by the court system. Further, request City Manager request City Solicitor include in said report information concerning the various moratoriums on foreclosures and evictions currently in place in the State, the moratoriums that were not implemented, including the timing of each decision. – Item #14d CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with an update concerning how American Rescue Plan Act (ARPA) funding can be used to address issues concerning foreclosures and evictions. – Item #14e CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Khrystian E. King – Request City Manager provide City Council with an update concerning the work being done relative to the city’s Rental Assistance Program, as well as any funds still available in the program. – Item #14f CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Etel Haxhiaj – Request City Manager request City Solicitor provide City Council with a report concerning whether moratoriums on foreclosures and evictions currently in place in cities such as Cambridge, Somerville and Malden have been challenged in the court system. – Item #14g CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

ORDER of Councilor Sarai Rivera – Request City Manager request Police Chief provide increased foot patrols in the Pleasant St., Newbury St. and Congress St. areas. – Item #14h CC Order adopted on a roll call vote of 11 Yeas and 0 Nays

Motion Haxhiaj @ #8.14A CM – Request Standing Committee on Economic Development hold a meeting to discuss all available legal and financial resources to protect renters, homeowners facing eviction and foreclosure, recommendations to support landlords through mortgage, renovation and rental arrearage resources, including a discussion on how the city can increase housing affordability for those who live and work in the city.

Motion King @ #8.14A CM – Request City Manager request City Solicitor provide City Council with a report concerning the merits of the various legal rulings made relative to foreclosure and eviction moratoriums that were implemented throughout Massachusetts, including the basis behind the appeal to Housing Court made by the city of Boston.

Motion Colorio @ #8.14A CM – Request City Manager provide City Council with a report concerning the number of evictions that have taken place in the city in the last five years.

Motion Russell @ #8.17A CM – Request City Manager provide City Council with a report concerning options available to residents for disposing of their waste on days trash is not being picked up in their neighborhood, as well as the potential for creating a location that residents would be able to drop their waste.

Motion Rose @ #8.18A CM – Request City Manager provide City Council with a report concerning strategies that can be used to engage the city’s youths and adults to help with their mental health during the COVID-19 pandemic.