CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 21, 2013

Esther Howland Chamber

Convened: 7:08 P.M.

Adjourned: 7:35 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of May 7, 2013.

Hearing: NSTAR for a gas main location in: GREENBUSH ROAD Granting permission to NSTAR for a gas main location in: GREENBUSH ROAD

Mayor Petty recognized and welcomed a delegation of young professionals from Worcester’s Russian sister city, Pushkin. Their program is sponsored by the Open World Leadership Center at the Library of Congress in Washington D.C. and organized by the International Center of Worcester.

Mayor Petty recognized the following speakers: 1. Nicole Apostola, Worcester resident 2. Jo Hart, Worcester resident

Jo Hart request written protocol for public participation for all City Council committees to appear on each agenda so the public will know when and how they may speak on any issue.

Leo Kustanovich request two (2) street lights be reinstalled in Brook Hill Dr.

Aram Arvanigian request sidewalk repair in front of 12 Chiltern Hill Drive North.

Mark Israel, Trustee of Lensyd Nominee Trust, request sidewalk repair for 144-148 Main St.

Hanibal Asmar owner of Valu Gas request sidewalk repair for 382 Chandler St.

Eileen McCullough request sidewalk repair in front of 38 Stoneland Rd.

Councilor George J. Russell request sidewalk be repaved on the odd side of Anderson Ave. from the corner of Hamilton St. to the end of the property at #1 Anderson Ave.

Councilor Sarai Rivera on behalf of Nicole Smith request the installation of a four-way stop at the intersection of Hollis and Gardner Sts.

Jeffrey Jenkins request installation of bus stop at the corner of Perkins and Lincoln Sts.

Doris Thomas request the winter parking ban on Shannon St. be changed from the odd side to the even side.

Mayor Joseph M. Petty and Councilor Philip P. Palmieri request installation of speed enforcement in Plantation St. between Franklin and Lord Sts.

Mayor Joseph M. Petty and Councilor Philip P. Palmieri request installation of speed enforcement in Frank St.

CHARTER COMMUNICATIONS for conduit location in: COPLEY ROAD

Transmitting Informational Communication Relative to the Appointment of John Vigliotti and the Reappointment of Satya Mitra to the Planning Board.

Transmitting Informational Communication Relative to the Appointment of John Nah to the Commission on Disability as an Associate Member.

Transmitting Information Communication Relative to the City Hall Employee of the Month for May 2013.

Recommend Adoption of a Resolution to File and Accept District Attorney Joseph Early's Community Reinvestment Program

Recommend Adoption of a Resolution to File, Accept, and Expend a Grant from the Massachusetts Port Authority (Massport) to support Summer Youth Employment Activities

Transmitting Informational Communication Regarding CDBG Year 39 Funding Recommendations

Transmitting Informational Communication Relative to the Celebration of National Public Works Week.

Transmitting Informational Communication Relative to Lake Avenue Pump Station Upgrade Project.

Recommend Adoption of a Resolution to File and Accept a Central Region Homeland Security Advisory Council Grant Request.

Transmitting Informational Communication Relative to Open Meeting Law Complaints.

Recommend Adoption of a Resolution to File and Accept a Multi-Disciplinary Public Health and Healthcare Coalition Grant from the Massachusetts Department of Public Health.

Transmitting Informational Communication Relative to the Community Health Improvement Plan Update.

Transmitting Informational Communication Relative to 105 CMR 300 Diseases Reportable to Local Boards of Health.

Recommend that Seventy Seven Thousand Six Hundred Twenty One Dollars And Eighty Five Cents ($77,621.85) be transferred from the following available Capital Equipment funds and be appropriated to Account #26C701, Fire Department Capital Equipment, to pay for costs associated with engine replacements for 2 Fire Engines.

Recommend that Four Hundred Fifty Thousand Dollars And No Cents ($450,000.00) be transferred from Loan Account #91C7393B, Trunk Sewers / Interceptors, and be appropriated to DPW Account #44C750, Lateral Sewers to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C7373A, Water Meters, and be appropriated to DPW Account #45C794, Water Meters to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that One Hundred Ninety Thousand Dollars And No Cents ($190,000.00) be transferred as follows: One Hundred Thousand Dollars And No Cents ($100,000.00) from Loan Account #91C7411B, Street Construction, and Ninety Thousand Dollars And No Cents ($90,000.00) from Loan Account #91C7412C, Street Construction, with the total to be appropriated to DPW Account #41C799, Street Construction to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Two Hundred Twenty Five Thousand Dollars And No Cents ($225,000.00) be transferred from Loan Account #91C7113F, Building Rehabilitation MSBA Accelerated School Repair, and appropriated to DPW Accounts #41C775, 41C776, 41C777, 41C778, & 41C779, for the 5 Accelerated Schools to allow for the payment of on-going contractual obligations. The following is a detailed listing of commitments for 5 Accelerated Schools:

Recommend that One Thousand Three Hundred Seventy Five Dollars And Forty Four Cents ($1,375.44) be transferred from Account #330-14, Community Development Block Grant Program Income, and be appropriated to various Community Development Block Grant accounts, to return Worcester Community Housing Resources bank interest income on CDBG funds to the U.S. Treasury, as per federal regulations.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Parks Account # 720-91000, Parks Personal Services, and be appropriated to Parks Account # 720-97000, Parks Overtime to cover the anticipated deficit in the overtime account due to snow and ice storms over the winter.

Recommend that Six Hundred Six Thousand One Hundred Ninety Two Dollars And Twenty Five Cents ($606,192.25) be transferred as follows so as to provide sufficient funding for the Off-Street Parking Program for the Fourth Quarter of Fiscal Year 2013: I respectfully recommend that Six Hundred Six Thousand One Hundred Ninety Two Dollars And Twenty Five Cents ($606,192.25) be transferred as follows so as to provide sufficient funding for the Off-Street Parking Program for the Fourth Quarter of Fiscal Year 2013:

Recommend that Two Hundred Twenty Thousand Dollars And No Cents ($220,000.00) be transferred from Account #900-92000, City Manager's Contingency, and be appropriated to Account #043-91000, Economic Development Personal Services, to fund salary expenses through the remainder of Fiscal Year 2013.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #330-07, Damage Repair Account, and be appropriated to Police Department Maintenance and Repair, Account 250-92111, These funds represent insurance settlements received for damage to police department vehicles.

I respectfully recommend that the City Council authorize the payment of an invoice totaling $100.00 from Verizon Compliance from June 2012 be paid with fiscal 2013 Police Department Ordinary Maintenance funds.

Recommend that Six Thousand Fifty Seven Dollars And Seventy Five Cents ($6,057.75) be transferred from Account #330- 07, Reserve For Appropriation Damage Settlement and be appropriated to Account #2602-92210 , Worcester Fire Department Ordinary Maintenance .

Recommend that Seven Thousand Six Hundred Thirty Five Dollars And No Cents ($7,635.00) be transferred from Account #14S41938, Henry Lee Willis Center Year 38, and be appropriated to Account #14S47938, Friendly House Year 38, to provide funding for CDBG funded food pantry services through the remainder of Fiscal Year 2013.

Transmitting Informational Communication Relative to the "Clean Team" Spring Neighborhood Clean-up in the Union Hill Neighborhood.

Transmitting Informational Communication Relative to the Proposed State Budget Recommendations.

Transmitting Informational Communication Relative to the Wheels to Water Program Update.

Transmitting Informational Communication Relative to an Update on MSBA Funded Projects

Julie A. Jacobson, Auburn Town Manager, transmitting copy of the 2013 Contiguous Town Boundaries Report for Auburn, MA.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Robert E. Longden on behalf of Intransit Container Inc. request to remove Lundberg St. from the Official Map.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Robert E. Longden on behalf of Intransit Container Inc. request to remove Beck St. from the Official Map.

REPORT OF THE PLANNING BOARD Upon the Petition of Gary Anger request Ek Court be made public.

REPORT OF THE PLANNING BOARD Upon the Petition of Gary Anger request to make public Viking Terrace.

REPORT OF THE PLANNING BOARD Upon the Petition of Gary Anger request to make public Ideal Terrace.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking opposite 14 Lakeside Ave.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking space opposite 84 Lakewood St

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1008 to provide handicap parking space in front of 7 View St

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking space in front of 39 Ledgecrest Dr.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking space in front of 14 Harlow St

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking space in front of 31 Falmouth St

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking Anytime on both sides of Putnam Lane from Nebraska St. to Terminus

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for two hour parking on the north side of Shrewsbury St., from Brackett Ct. to a pt. 160' west of Hill St. 8:00 AM - 4:00 PM

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administration’s efforts to negotiate the maximum hiring of local residents in Tax Increment Financing agreements and other tools used to attract business and to expand our tax base. (Tabled - O'Brien September 13, 2011)

COMMUNICATION of the City Clerk transmitting communication expanding upon the newspaper article regarding the human error factor which occurred in the city's recount. (Tabled - Lukes February 7, 2012)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes - Request City Council support more diverse new housing development with an emphasis on market-rate housing with a maximum of 10% affordable units if there are going to any units available for development in the downtown Worcester area: recommend Order be placed on file. (Tabled - Lukes May 1, 2012)

COMMUNICATION of the City Manager transmitting informational communication relative to Out of State Residents Working on Local Projects and Not Meeting the State's Health Care Mandates. (Tabled Under Privilege - O'Brien August 14, 2012) (Tabled - Lukes September 4, 2012)

ORDER of Councilor Konstantina B. Lukes - Request City Manager report whether medical marijuana dispensing sites can be restricted by local zoning ordinances or state regulatory means to established pharmacies. (Tabled - Lukes January 8, 2013 and January 15, 2013)

ORDER of Councilor Joseph C. O'Brien - Request City Auditor work with the Superintendent of Worcester Public Schools to conduct a review of School Transportation expenses/contracts and make a formal presentation to the Education Joint Committee composed of the City Council Education Committee and the School's Finance and Operations Committee. (Tabled - O'Brien February 12, 2013)

ORDER of Councilor Joseph C. O'Brien - Request City Auditor review the appropriateness of the following: administrative fees charged to the Worcester Public Schools by the city for city personnel and services; administrative fees charged for grants management; and Medicare fees received by the City for services done by School Department personnel. This report should also include how these fees compare to other gateway cities. (Tabled - O'Brien February 12, 2013)

ORDER of Councilor Joseph C. O'Brien - Request City Auditor work with the Superintendent of the Worcester Public Schools to review School Department administrative expenses and provide a report to the City Council as to how these fees compare on a percentage of budget basis with other gateway cities. (Tabled - O'Brien February 12, 2013)

COMMUNICATION of the City Manager transmitting informational communication relative to a request for an amendment to the Ordinances Concerning Foreclosure Mediation dating to October, 2012. (Tabled - Rivera April 2, 2013)

ORDER of Mayor Joseph M. Petty request recess to Executive Session for the purpose of discussing pending litigations. (Tabled - Petty April 2, 2013)

COMMUNICATION of the City Manager transmitting informational communication relative to a Report on City Employee Demographics. (Tabled - Rivera March 12, 2013)

Motion Rushton – Suspension of Rules – Request City Manager apply the $165,000 saved from not having a Preliminary Election in September to OPEB liability.

Motion Toomey – Suspension of Rules – Request City Manager request the Traffic Engineer review the off-street parking in Gates Lane and make a recommendation that would best service the residents.

PETITION – Councilor Tony Economou request removal of a stump in front of 50 Eunice Ave.

PETITION – Councilor William J. Eddy on behalf of Maureen White request installation of street lights in Joppa Rd.

PETITION – Councilor William J. Eddy request sidewalk repair along the entire frontage of 340 May St. at Tatnuck Park Assisted Living.

Motion Eddy – Suspension of Rules – Request City Manager request the Traffic Engineer review whether or not resident permit parking should be considered for Catalpa St. and Wentworth St. and further, recommend solutions for adding additional off-street parking for employees of Gates Lane School.