CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, August 9, 2011

Esther Howland Chamber

Convened: 7:13 P.M.

Adjourned: 10:17 P.M.

Mayor
Joseph C. O'Brien

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 June 28, 2011.

Hearing - MASSACHUSETTS ELECTRIC CO. dba NATIONAL GRID request for pole location: HOLDEN ST.

Granting permission to MASSACHUSETTS ELECTRIC CO. dba NATIONAL GRID for pole location: HOLDEN ST.

Hearing - NSTAR for a gas main location: HOLDEN ST.

Granting permission to NSTAR for a gas main location: HOLDEN ST.

Hearing - FIBER TECHNOLOGIES NETWORKS, LLC for conduit location: SHREWSBURY ST. at ENVELOPE TERRACE

Granting pemission to FIBER TECHNOLOGIES NETWORKS, LLC for conduit location: SHREWSBURY ST. at ENVELOPE TERRACE

Mayor O'Brien presented City Council with copy of the Boston Business Journal report concerning its quarterly job ranking of major metros and announced that Worcester ranked third in the nation.

Konstantine Angelis of AET Realty Trust request to extend a sanitary main in Pocassett St. approximately 130 feet in an easterly direction, all at the petitioner's expense and subject to a prior agreement.

Patricia Fahlbeck request Richmond Ave. be resurfaced.

Mark Zona request abatement of street betterment assessment #24949 in the amount of $7,605.00 for Hazel St.

Jim Jacobsen request sidewalk repair in the Colonial St. side of 41 Westview Rd.

Doris Johnston request Orrison St. be resurfaced.

Teresa Smith request sidewalk repair in Whipple St. from Reeves St. to Blackstone River Rd.

Richard Chernisky request sidewalk repair in front of 5 Kilby St.

Debra Haddad et al request Crillon Rd. be graded.

David Soltys request repair of the street damaged by a snow plow in front of 16 Weetamoe St. as well as 30 yards south.

Anastasia Gorenxa request handicap parking signs in front of 1011 Pleasant St. be removed.

Edward Quezada request handicap parking sign located at 44 Providence St. be relocated a little further up the street.

Cindy Wyman request handicap parking signs in front of 23 Larch St. be removed.

Joanne Gravel et al request six (6) "Children" advisory signs in Aline St.

Timothy Hannon request two (2) "No Parking Here to Corner" signs in East Shelby St. corner with Eastern Ave. and Eastern Ave . corner with East Shelby St.

David Pederson request review of signage in Hudson St. in the vicinity of Parkview Tower.

Mayor Joseph C. O'Brien on behalf of Bill Sullivan request install "No Parking" on the west or odd numbered side of Holland Rd. from Main St. to Catalpa St. during the hours of 7am-4pm.

Councilor Kathleen M. Toomey request a Go Slow Children sign be installed on pole #9 on Adelle Circuit.

Steven Stella request to install handicap parking space on the Carlstad St. side of 43 Kosta St.

Steve Patton, Executive Director, Worcester Common Ground, Inc. request DPW Water Operations provide water service to the Community Education Garden sites at 7-9 Oread Place and 8 Preston St.

Mayor Joseph C. O'Brien request City Council authorize and request the City Manager to designate 63 Oread Street as a community garden; the current location of a REC YouthGrow Farm.

Councilor Barbara G. Haller request the community garden located at 5-11 Oread Place be formally recognized as a community garden. This is the location of the Educational Agricultural Training Center run jointly by the Regional Environmental Council, Lutheran Immigrant and Refugee Services and Worcester Common Ground.

Antoinette Donovan of Red Cab Company and William Clark of Yellow Cab Company request City Council request the City Manager to direct the Police Chief to enforce the taxi and livery regulation prohibiting liveries and other unlicensed vehicles from operating as taxi cabs.

Transmitting Informational Communication Relative to the Appointment of Gerald Dufault to the Trust Funds Commission.

Transmitting Informational Communication Relative to the Appointments of Jill Burns and Chad Sirois to the Worcester Arts Council.

Transmitting Informational Communication Relative to the Appointment of Edward Hardy to the Community Development Advisory Committee.

Transmitting Information Communication Relative to the Appointment of Lisa Morton to the Cable Advisory Committee.

Transmitting Informational Communication Relative to the Appointment of Charles Hiamah to the Commission on Disabilities.

Request Approval of a Salary Ordinance Amendment to Address Changes Enacted During the Fiscal Year 2012 Budget Relative to the Fire Chief and Deputy Fire Chiefs.

Transmitting Informational Communication Relative to the Success of the WOO Card Program.

Transmitting Informational Communication Relative to the Appointment of Miguel Rivera to the Position of Director of Housing within the City's Executive Office of Economic Development, Housing Division.

Transmitting Informational Communication Relative to the Neighborhoood Revitalization Strategy Area (NRSA) Program.
Refer to CCM Item 9.36A

Recommend Adoption of a Resolution to File and Accept a Grant from the Commonwealth's Department of Elementary and Secondary Education for the Fiscal Year 2012 DESE Connecting Activities Grant.

Recommend Adoption of a Resolution to Apply For, Accept, and Expend a Grant from the Commonwealth Corporation for the YouthWorks Fiscal Year 2012 Allocation for Summer 2011 Jobs Grant Program.

Transmitting Informational Communication Relative to Keep Worcester Clean (KWC) Activity Reports for the Month of June 2011.

Transmitting Informational Communication Relative to the Temporary Closure of Downing Street.

Transmitting Informational Communication Relative to Pavement Markings.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation from the Spillane Charitable Foundation in Memory of John W. Spillane for Renovations to the Spillane Field Located at the Bailey Prouty Playground.

Recommend Adoption of a Resolution to File and Accept a FFY2011 Violence Against Women STOP Grant.

Recommend Adoption of a Resolution to File and Accept a Safe and Successful Youth Initiative Grant from the Massachusetts Executive Office of Health and Human Services.

Transmitting Informational Communication Relative to a City-wide Emergency Notification System.

Recommend Adoption of a Resolution to Accept with Gratitude a Gift to the City in the Amount of Seventeen Thousand Dollars and No Cents ($17,000.00) from the Estate of Former Assistant City Solicitor Stanton H. Whitman.

Request Adoption of an Order to Request Enactment of Special Legislation Concerning the Use of Video Camera Monitoring Systems in the City to Identify Moving Traffic Violations in Intersections.

SUPPLEMENTAL: Recommend Adoption of Restated Order of Taking for the Belmont West Transportation Improvement Project.

Transmitting Informational Communication Relative to the City's Top 10 Problem Properties.

Request Approval of Regional Inter-municipal Agreements with the Towns of Leicester, Millbury, and Shrewsbury for Public Health Services.

Transmitting Informational Communication Relative to the Health of Worcester Report - Public Health Needs Assessment Report.

Recommend Adoption of a Resolution to File and Accept a Donation from St. Francis Community Health Care in Support of the Healthy Aging for Southeast Asian Elder Project.

Recommend Adoption of a Resolution to Request and Accept a Donation of Up to Three Thousand Dollars and No Cents ($3,000.00) from the Saint Vincent Community Health Care Fund.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Twenty One Thousand Six Hundred and Fifty Dollars ($21,650.00) from the Massachusetts Board of Library Commissioners.

Transmitting Informational Communication Relative to the City's Fiscal Year 2012 Revaluation Process.

Transmitting Informational Communication Relative to the Notification Process for the Revised Residential Parking Permit (RPP) Ordinance for Agencies that Provide In-Home Medical Care and/or Other Professional Services to the Elderly or Residents with Disabilities.

Recommend that Three Million Eighty Three Thousand Two Hundred Twenty Seven Dollars And No Cents ($3,083,227.00) be transferred from Account # 91C7111C, School Building Rehabilitation, and appropriated to Account #50C704, School Building Rehabilitation, to fund costs associated with various school building projects.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C7840B, Park Improvements, and be appropriated to Parks Account #72C70214, Institute Park, to allow for contractually obligated commitments.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C70208, Beaver Brook, to allow for current and anticipated invoices.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C793, Golf Improvements, and be appropriated to Golf Account #71C702, Golf Improvements, to allow for contractually obligated payments.

Recommend that Eighty Five Thousand Nine Dollars And Fifty Cents ($85,009.50) be transferred from Account #91C7111B, City-wide Capital Rehabilitation Fire, and be appropriated, when and as received, to Account #26C704, Worcester Fire Department Capital Rehabilitation.

Recommend that Thirty Nine Thousand Two Hundred Seventy Two Dollars And Fifty Nine Cents ($39,272.59) be transferred from Loan Account #91C7442A, Off-Street Parking Capital Equipment, and be appropriated, when and as received, to Account #46C705, Off-Street Parking Capital Equipment, to allow for the purchase and future payment of equipment.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7840B, Park Improvements, and be appropriated to Parks Account #72C70215, Bailey Prouty, to allow for current and anticipated obligations.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Account #41C450, MSBA, North High School, and be appropriated to Account #41C451, Furnishings and Equipment, North High School.

Recommend that Three Hundred Twenty Four Thousand Eight Hundred Dollars And No Cents ($324,800.00) be transferred from and to the identified accounts to fund the Neighborhood Revitalization Strategy Area Program.
Refer to CCM Item 9.5B

Recommend that One Hundred Forty Five Thousand Two Hundred Ninety Dollars And No Cents ($145,290.00) be transferred from Account #900-92000, Contingency, and be appropriated to various Assessing accounts to provide funding for the FY12 Revaluation Process.

Recommend that Ninety Eight Thousand One Hundred Forty One Dollars And Seven Cents ($98,141.07) be transferred from Account #330-08, Reserve for Appropriation Premium on Loans, and be appropriated to Account #660-92000, Treasurer's Office Ordinary Maintenance, to fund costs associated with the General Obligation Refunding Bonds dated July 12, 2011.

Recommend that Fifty Thousand Dollars and No Cents ($50,000.00) be transferred from Account #14S46334, Home Improvement Opportunity, and be appropriated to Account #14S48234, Main South CDC, to provide funding for the redevelopment of the 93 Grand Street property.

Recommend that Two Million Six Hundred Seventy Five Thousand Dollars And No Cents ($2,675,000.00) be appropriated from Free Cash and be appropriated to various accounts. Furthermore, recommend that Two Million Seven Hundred Thousand Dollars And No Cents ($2,700,000.00) be Raised By Taxation (State Aid) and be appropriated to various accounts.
Refer to CCM Item 9.39B

Recommend that Eight Hundred Fourteen Dollars And Eighty Eight Cents ($814.88) be authorized from the Fiscal Year 2012 Inspectional Services Ordinary Maintenance Account #280-92000, to provide funds for payment of prior year invoices.

Recommend that Two Hundred Sixty Two Dollars And Fifty Eight Cents ($262.58) be authorized from the Fiscal Year 2012 Fire Ordinary Maintenance Account #260-92000, to provide funds for a prior year invoice.

Recommend that One Thousand Five Hundred Forty Seven Dollars And Ninety Seven Cents ($1,547.97) be authorized from Account #340-92000, Fiscal Year 2012 Elder Affairs Ordinary Maintenance, to provide funds for the purpose of a prior year invoice.

Recommend that Forty Four Thousand Eight Hundred Ninety Five Dollars And Seven Cents ($44,895.07) be authorized from the Fiscal Year 2012, Worcester Fire Department Ordinary Maintenance Account #260-92000, to pay a prior year invoice.

Transmitting Information Communication Relative to the Key Exchange Ceremony for the New North High School.

Transmitting Informational Communication Relative to Free Cash and Local Aid Adjustments for Fiscal Year 2012.
Refer to CCM Item 9.36E

Transmitting Auditor's Report for June 2011.

Request City Manager investigate and report to City Council the feasibility of an ESCO contract for the city street lighting system. (O'Brien)

Request City Manager communicate with the Postmaster General to protest the proposed closing of both post office branch locations in downtown Worcester. (Petty)

Request City Manager report to City Council concerning the legal authority that college police officers have in patrolling non campus areas of the city and in questioning non-students as part of off campus patrols. (O'Brien)

Request City Manager establish a voluntary fund and check off box on dog licenses to donate to a city spay/neuter and shelter fund. (O'Brien)

Request City Manager consider working with the Worcester Public Schools to employ a consultant to study the feasibility of repairing and restoring to use the olympic-sized swimming pool at South High Community School. Further, request that they consider encouraging various uses including Learn-to-Swim programs throughout the year, lifeguard training, additions to the Summertime Wheels-to-Water program and other year-round aquatic activities. Lastly, request that they work with the Mayor and the Standing Committee on Youth, Parks and Recreation to form a committee to work with philanthropic entities and individuals to help defray the costs of such repairs and programming if the City of Worcester capital budget cannot accommodate these improvements. (Germain, O'Brien)

Request City Manager keep the businesses and property owners on Green Street
updated on the status of street and sidewalk repairs and further to communicate with the
Massachusetts Department of Transportation to seek solutions to any negative impact on businesses resulting from the ongoing repairs. (Lukes)

Request City Manager post on the City's web site a summary of the new sign ordinance's rules regarding the use of political signs. (Lukes)

Request City Manager request the City Solicitor provide a legal opinion regarding the legality of TIF agreements which include a mandated local hiring requirement as there are federal court decisions that find such requirements violate the U.S. Constitution. (Lukes)

Request City Manager report on the impact of TIFs on the real estate property tax rate. (Lukes)

Request City Manager report on its strategic vision in recommending TIF agreements.
(Lukes)

Request City Manager request the City Solicitor to provide a legal opinion listing under what circumstances, if any, one or more city councilors can individually or together, in a non-public meeting, meet with a TIF applicant to add provisions to TIFs that are not before the City Council for review or debate. (Lukes)

Request City Manager consider funding an extension of the police summer impact program in order to deal with the increasing complaints about crime in the neighborhoods, and report what, if any, funds are available and the cost per month of the program. (Lukes)

#9a CC June 14, 2011
Communication of the City Auditor transmitting Auditor's Report for May 2011.

#12a CC July 19, 2011
Communication of the City Auditor transmitting the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended December 31, 2010 for the Worcester Retirement System.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to a Report on the City Council's Authority to Increase Elder Exemption Limits on Annual Income and Asset Limits: recommend adoption of the accompanying Order that the City Council hereby adjusts the requirements for the elderly real estate tax exemption as follows: 1. for income: from $13,000 maximum to $20,000 maximum for individuals and from $15,000 maximum to $30,000 maximum for couples, 2. for assets: from a whole estate limit of $28,000 to $40,000 for individuals and from $30,000 to $50,000 for couples, 3. no change to the minimum age of 70 years old.

REPORT OF THE PLANNING BOARD Upon the Petition of Pastor William Almeyda, Jr. request BG-3.0 be extended to cover 9 Piedmont St. and 39 Piedmont St.

REPORT OF THE PLANNING BOARD Upon the Petition of Donald O'Neil, Attorney for Rodney Perro, request to amend the zoning map by changing the zoning classification of four parcels of land located at 395, 405, 413 and 415 Grafton St. and portions of the land located at 375 and 359A (aka 355) Grafton St. abutting said street to a depth of 100 feet from RG-5 to BL-1.0; by extending the BL-1.0 Zone at the intersection of Grafton St. and Hamilton St. southeasterly along the easterly side of Grafton St.

REPORT OF THE PLANNING BOARD Upon the Petition of Domenic Paldino et al request to extend the BL-1.0 zone from 762 to 800 Grafton St.

REPORT OF THE PLANNING BOARD upon the Petition of Christine Lynch request to make public Wendover Rd.

Amend Part Two of the Revised Ordinances of 2008 relative to Organizational Ordinances of Various Departments, Boards & Commissions of the City of Worcester.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 51 Gates St.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 150 Coolidge Rd.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 56 Oread St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Rescind Handicap Parking on the East Side of May St. adjacent to the Temple Emanuel and Relocate the Handicap Spaces southerly to the Vicinity of the Auditorium Entrance of the Temple Emanual.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Prohibit Parking between 15 and 21 Oread St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Prohibit Parking on the West Side of Flower Hill Drive from number 4 Flower Hill Dr. to Salisbury St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Rescind 15 Minute Parking 8:00 am to 6:00 pm on the south side of Norfolk St. adjacent to 1 Suffolk St.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Rescind Resident Parking on the East Side of Suffolk St. from 1 to 11 Suffolk St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Rescind 15 Minute Parking 8:00 am to 6:00 pm in front of 1 Suffolk St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Install Parking Meters on the West Side of Main St. from 484 Main St. to a Pt. 76' North of Chatham St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Reduce the 30 Minute Parking Zone on the south side of Duxbury Rd. near Lincoln St. by one parking space to allow for Parking all of the time.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Provide for Resident Permit Parking on the west side of Florence St. from Maywood St. to Shirley St.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Rescind Resident Permit Parking on Berkshire St.

PETITION of Mayor Joseph C. O'Brien request the decision to remove a public shade tree from in front of 20 Wetherell St. be reviewed. (Tabled - Lukes July 19, 2011)

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support Senate Bill 610, an act protecting condominium owners filed by Senator Harriette Chandler and Senator Richard Moore. (Tabled - O'Brien July 19, 2011)

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri and State Representative Vincent Pedone request to install a trailer truck ban in Mulberry St. between Shrewsbury St. and East Central St.: recommend the passage of the accompanying proposed Ordinance. (Tabled - Petty June 8, 2010)

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of State Representative John Fresolo on behalf of Summit Elder Care request speed limit sign in the vicinity of 1169 Grafton St., facing northerly: recommend adoption of the accompanying Order (Tabled - Clancy July 19, 2011)

COMMUNICATION of the City Manager transmitting informational communication relative to a Legal Challenge Relative to City's Tobacco Advertising Ordinance. (Tabled - Clancy June 21, 2011)

Motion Petty @ #8v CC - Request City Manager provide to City Council in a report the following: the enforcement policy of the police department for liveries and taxis; the number of livery licenses issued; how many liveries are not licensed; the number of citations issued; the number of fines collected and those that are unpaid; and further, request this report at the next City Council meeting.

Councilor Lukes moved to amend: Request the report to include the process for licensing liveries as opposed to taxis; number of liveries processed since the change in the rules; who are the owners of the liveries, are they companies or individuals; and the penalty for not paying fines.

Mayor O'Brien moved to amend: Further, request the report to include if there is a cap on the number of liveries operating in the city and if not whether it is feasible to impose a cap.

Councilor Lukes moved to amend: Request the number of taxis operating in the city.

Councilor Haller moved to amend: Request the number of liveries operating in the city. (Petty, Lukes, O'Brien, Haller)

Motion Haller @ #9.24B CM - Request City Manager inform City Council when the report concerning the Health of Worcester 2011 is posted to the city's website. (Haller)

Motion O'Brien @ #9.24B CM - Request City Manager provide City Council with an update on a previously requested report concerning obtaining a waiver that would allow fire department personnel to administer nasal Narcan for opioid overdoses.

Motion Toomey @ #9.20B CM - Request City Manager report to City Council the reasons communities, who installed a Video Camera Monitoring System, decided to discontinue using the system and also report the reasons communities, who after they discontinue using the system, decided to bring it back.

Motion Petty @ #9.18A CM - Request City Manager consider placing a link on the home page of the city's web site so residents can sign up for Emergency Notification System.

Motion Clancy @ #9.34A CM - Request City Manager report as to whether medical care personnel, who work in public schools, would qualify for stickers if they work at a public school that has residential permit parking installed in the neighboring streets of the public school.

Councilor Rushton, Chairman of the Economic Development Committee, requested the following two (2) Reports be submitted for consideration:

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Recommending Adoption of the Attached Resolutions to File an Application to Designate 10 Coppage Drive as a Site Specific Economic Opportunity Area and a Certified Project: recommend adoption of the accompanying two resolutions.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Recommending Adoption of a Resolution to File an Application for Designation of an Expanded Worcester Commercial Area Revitalization District (CARD) through the Massachusetts Department of Housing and Community Development: recommend adoption of the accompanying resolution.

Motion Haller - Request City Clerk send a copy of City Manager's calendar item #9.21.A to the License Commission.

Motion Toomey - Suspension of Rules - Request City Manager provide a report concerning how the Innovative Ingenuity Inspiration Infrastructure Program, also known as “iCubed”, can be successfully utilized for street, sidewalk and sewer infrastructure upgrades on Rte 20.

Motion Eddy - Suspension of Rules - Request City Manager request the MassDOT provide to City Council with an off calendar 60 day progress report relative to the James Street Bridge Project and further, request a ¾ report be submitted to City Council at its meeting on September 6, 2011.

Motion Rushton - Suspension of Rules - Request City Manager request the Commissioner of Public Works & Parks install a previously approved crosswalk in Main St. from the corner of School St. to Garden Fresh.

PETITION - Councilor Frederick C. Rushton request “No Parking” restrictions on Main St. between Foster St. and MLK Jr. Blvd. be amended from 6 p.m. to 5 p.m.

Motion Rushton and Palmieri - Suspension of Rules - Request the Mayor prepare some recognition for the East Side Post 201 baseball team for its 2011 Massachusetts State Championship baseball season.

Motion Rushton - Suspension of Rules - Request City Manager request Real Living Real Estate cut the lawn at the property next to 1152 Pleasant St. and also contact the owner of the property at the corner of Pleasant St. and Long Vue Terrace and request they also maintain their lawn.

Motion Palmieri - Suspension of Rules - Request City Manager resolve the timing of a traffic signal at Atchison St. to allow for a better flow of traffic.

PETITION - Councilor Konstantina B. Lukes request street lights on south side of Highland St. at West St. be repaired.

Motion O'Brien - Suspension of Rules - Request City Manager request the Commissioner of Public Works & Parks provide a report concerning the trees that were removed along Pleasant St., between Park Ave. and Newton Sq., and report if they will be replaced with new plantings.

Motion Haller - Suspension of Rules - Request Police Chief provide speed enforcement on Beacon St.