CITY OF WORCESTER

Municipal and Legislative Operations Committee Meeting

Wednesday, November 13, 2024

Levi Lincoln (North) Chamber

Convened: 5:32 P.M.

Recessed 6:27 P.M. Reconvened: 6:38 P.M. Recessed to Executive Session: 6:39 P.M. Reconvened from Executive Session: 7:22 P.M. Adjourned: 7:24 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

 

Clerk of the City Council
Nikolin Vangjeli

Committee Members

Chairperson Morris A Bergman
Vice Chairperson Luis A Ojeda
Councilor Donna M Colorio
 

City Hall - 455 Main Street Worcester, Massachusetts


Present Were:Chairperson Councilor Morris A. Bergman, who participated remotely until 6:07 p.m. Vice Chairperson Councilor Luis A. Ojeda Councilor Donna M. Colorio
 
Also:Chief Financial Officer Timothy J. McGourthy City Solicitor Michael Traynor Deputy City Clerk Clare M. Robbins, clerk
 
1.

Virtual Attendee Call-In Information

1a.

Pursuant to Chapter 20 of the Acts of 2021 and in order to ensure active, public engagement, the City of Worcester currently allows for both in-person and remote participation at all City Council and Standing Committee meetings. To partake in the meeting, you may attend the meeting in-person within the meeting location, follow the below link to join via Zoom or dial the direct line as indicated. If you join a Zoom meeting by dialing in with a phone number, you can raise your hand by dialing *9. Municipal and Legislative Operations Committee Zoom Link: https://us06web.zoom.us/j/99524470181 Municipal and Legislative Operations Committee Zoom Phone Number: (929) 205 6099 Municipal and Legislative Operations Committee Zoom Access Code: 995 2447 0181

Attachments

Vice Chairperson Councilor Ojeda read the item and recognized the following speaker:
1. David Webb, Worcester resident, spoke neither in favor or opposed to items #3a, #3b and #4a

2.

Approval of the Minutes

2a.

Order - That the City Council Standing Committee of Municipal and Legislative Operations hereby approves the minutes of the Municipal and Legislative Operations Committee meeting of October 24, 2024.

View Agenda

Vice Chairperson Councilor Ojeda read the item and moved for a roll call vote to adopt the item. Order adopted on a roll call vote of 3 Yeas and 0 Nays

3.

Communications of the City Manager

3a.

Transmitting informational communication relative to an update on American Rescue Plan Act (ARPA) funding. # 11.39A CM October 15, 2024

Attachments

Vice Chairperson Councilor Ojeda read the item and moved to take the item up collectively with item #3b.

Vice Chairperson Councilor Ojeda recognized the Chief Financial Officer, who provided an overview of the item.

Vice Chairperson Councilor Ojeda recognized Councilor Bergman, who spoke concerning the percentage of American Rescue Plan Act (ARPA) dollars remaining compared to the total ARPA amount allocated to the City of Worcester, data analysis related to comparing Worcester to other similarly structured municipalities related to ARPA distributions and the type of financial account Worcester’s ARPA funds are deposited to and if the financial account accrues interest or is non-interest bearing, with the Chief Financial Officer.

Vice Chairperson Councilor Ojeda brought forth the following Chairman’s Order: Request City Manager request Chief Financial Officer provide City Council with a report concerning a comparison of the different types of organizations that received American Rescue Plan Act (ARPA) funds and the percentage of ARPA funds allocated to those organizations in other similarly sized and structured municipalities.

Vice Chairperson Councilor Ojeda then spoke concerning the process relative to the distribution related to ARPA funds.

Vice Chairperson Councilor Ojeda moved for a roll call vote to recommend the item be held.

Recommend Hold on a roll call vote of 3 Yeas and 0 Nays

Chairman's Orders

Request City Manager request Chief Financial Officer provide City Council with a report concerning a comparison of the different types of organizations that received American Rescue Plan Act (ARPA) funds and the percentage of ARPA funds allocated to those organizations in other similarly sized and structured municipalities.

3b.

Transmitting informational communication relative to an update on the administration of American Rescue Plan Act (ARPA) funding. # 10.39A CM August 27, 2024

Attachments

Recommend Hold on a roll call vote of 3 Yeas and 0 Nays (See Item #3a)

3c.

Transmitting informational communication relative to a declaration of a state of emergency. # 10.15B CM August 27, 2024

Attachments

Vice Chairperson Councilor Ojeda read the item and recognized Councilor Colorio, who spoke concerning the process relative to declaring a state of emergency in the City of Worcester.

Vice Chairperson Councilor Ojeda recognized Councilor Bergman, who spoke concerning the item.

Vice Chairperson Councilor Ojeda moved for a roll call vote recommend the item be placed in file.

Recommend File on a roll call vote of 3 Yeas and 0 Nays

3d.

Transmitting informational communication relative to resident billing and the Community Preservation Act surcharge. # 9.39B CM June 18, 2024

Attachments

Vice Chairperson Councilor Ojeda read the item and recognized Councilor Colorio, who spoke concerning the process relative to transitioning to the new system (Tyler/Munis), concerns related to billing not being fully integrated to the new system until July 1, 2025, the amount of tax payers who have only paid a portion of their tax bill without paying the Community Preservation Act (CPA) surcharge, and state wide data relative to if other municipalities experience similar lack of CPA payments with the Chief Financial Officer.

Vice Chairperson Councilor Ojeda then spoke concerning the process relative to how residents are notified or receive their tax bill with the Chief Financial Officer.

Vice Chairperson Councilor Ojeda recognized Councilor Bergman, who spoke concerning the percentage related to unpaid tax bills, the process relative to including communications related to the taxpayer receiving an additional bill while issuing quarterly statements with the Chief Financial Officer.

Vice Chairperson Councilor Ojeda moved for a roll call vote to recommend the item be placed on file.

Recommend File on a roll call vote of 3 Yeas and 0 Nays

3e.

Recommend approval of an amendment to the City's organizational ordinances to create a new division within the City Clerk Department, Administration of City Council Office. # 9.15A CM June 18, 2024

Attachments

Vice Chairperson Councilor Ojeda read the item and moved to recommend the item be held.

Recommend Hold

3f.

Recommend adoption of an amendment to the Organizational Ordinance relative to the Department of Health and Human Services, creating the Division of Youth Opportunities, and reducing the membership of the Advisory Committee on Youth. # 8.23A CM March 19, 2024

Attachments

Vice Chairperson Councilor Ojeda read the item and moved to recommend the item be held.

Recommend Hold

4.

Miscellaneous Items

4a.

Order of Councilor Khrystian E. King – Request City Manager provide City Council with a report concerning the parameters in place to protect appointed officials in the event that a conflict arises between a member/members of the public and said appointed official(s). Further, request said report include information relative to whether such an event and parameters should be communicated to City Council to aid in members’ future discussions with such a member/members of the public. # 13j CC June 25, 2024

Attachments

Chairperson Councilor Bergman read the item and spoke concerning the intentions related to the item, as well as the process relative to managing conflict arising on social media.

Chairperson Councilor Bergman recognized Councilor Ojeda, who spoke concerning past experiences related to conflicts between a member of the public and an appointed official.

Chairperson Councilor Bergman spoke concerning the process relative to managing social media conflicts, the process relative after receiving threats via city phones and/or emails, the boundaries related to the public’s right to address appointed officials at City Council meetings if a threat is implied or expressed in conversation and the process relative to addressing threats with the City Solicitor.

Chairperson Councilor Bergman recognized Councilor Colorio, who spoke concerning the process relative to addressing threats.

Chairperson Councilor Bergman recognized Councilor Ojeda, who spoke concerning posting behavior expectations when speaking at City Council meetings.

Chairperson Councilor Bergman brought forth the following Chairman’s Order on a roll call vote of 3 Yeas and 0 Nays: “Request City Clerk provide City Council with a report concerning potential meeting spaces that may be appropriate for posting the Rules of the City Council relative to meeting decorum and expectations, to remind elected officials and member of the public to maintain respectful discourse.”

Chairperson Councilor Bergman moved to recommend the item be held.

Recommend Hold

Chairman's Orders

Request City Clerk provide City Council with a report concerning potential meeting spaces that may be appropriate for posting the Rules of the City Council relative to meeting decorum and expectations, to remind elected officials and member of the public to maintain respectful discourse.

4b.

Order of Mayor Joseph M. Petty and Councilor Morris A. Bergman - In accordance with Section 2 of City Manager Eric D. Batista’s Employment Agreement, the City Council of the City of Worcester does hereby consider negotiating a subsequent employment agreement beyond his December 31, 2024 term. # 10g CC June 25, 2024

In Committee October 24, 2024 - Held

Attachments

Chairperson Councilor Bergman read the item and moved to take the item up collectively with item #5a.

Chairperson Councilor Bergman for a roll call vote to recess into executive session for the purpose of conducting strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel associated with Eric D. Batista’s Employment Agreement as City Manager of the City of Worcester beyond his December 31, 2024, term and to reconvene back into open session after executive session.

Recessed into Executive Session at 6:39 p.m. on a roll call vote of 3 Yeas and 0 Nays

Chairperson Councilor Bergman reconvened the meeting in Open Session at 7:22 P.M.

Chairperson Councilor Bergman read the item and recognized the City Solicitor, who provided an overview related to the terms of the contract with Eric D. Batista as City Manager of the City of Worcester. Said terms include but are not limited to:
- Provide Mr. Batista serve as City Manager for a term of 3 years, commencing December 31, 2024
- Provide an annual salary agreement to maintain a $10,000.00 differential over the highest paid city official other than the City Manager
- Eliminate city vehicle provided to City Manager and provide a monthly stipend of $1,500.00 for personal vehicle
- Increase 6 months severance provision to 12 months with same terms as previous contract

Chairperson Councilor Bergman moved for a roll call vote to recommend approval of an Order that the City Council does hereby reappoint Eric D. Batista as City Manager effective December 31, 2024 through December 31, 2027 and that authorizes Mayor Joseph M. Petty on behalf of the City Council to execute the finalized employment contract with Mr. Batista, as well as a Salary Ordinance amendment implementing one provision associated with said appointment.

Recommend Approval on a roll call vote of 3 Yeas and 0 Nays

5.

Executive Session

5a.

That the Standing Committee on Municipal and Legislative Operations convene in Executive Session at its November 13, 2024 meeting for the purpose of conducting strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel associated with the below item. The Standing Committee on Municipal and Legislative Operations will reconvene in Open Session. Order of Mayor Joseph M. Petty and Councilor Morris A. Bergman - In accordance with Section 2 of City Manager Eric D. Batista’s Employment Agreement, the City Council of the City of Worcester does hereby consider negotiating a subsequent employment agreement beyond his December 31, 2024 term. # 10g CC June 25, 2024

Attachments

Order adopted on a roll call vote of 3 Yeas and 0 Nays (See Item #4b)