CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 27, 2011

Esther Howland Chamber

Convened: 7:08 P.M.

Adjourned: 8:30 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 September 6, 2011.

Quarterly Economic Development Initiatives Status Report

Quarterly Report of the Economic Development Division's (EDD) Small Business Retention and Recruitment Efforts and Other Coordinated City Activities

Councilor William J. Eddy on behalf of residents of Moreland Green request Forestry trim trees blocking the Stop sign at Moreland Green Dr. and Greenview Lane.

George Laconte request installation of crosswalks across both Belmont St. and Plantation St. in the newly constructed and widened intersection.

Councilor Philip P. Palmeri request installation of crosswalks across both Belmont Street and Lake Avenue in the newly constructed intersection.

Tracey Wales request Stearns St. be made a public street.

Councilor Konstantina B. Lukes request repair of four street lights in the area of 25 Courtland Street.

Jane Logan request the Standing Committee on Public Works determine whether the single-family home at 103 Natural History Dr. is connected to the city sewer system, and if so, where does the connection from the home to the trunk sewer run.

Joe Luu request to extend a sanitary main on Acton St. approximately 95' from where Acton St. intersects with Arthur St. westerly at the petitioners expense and subject to a prior agreement.

Doyle Brookhart et al request resurfacing of Bates Ave. from #21 to #61.

Sharon Mansfield request repair of pot holes in the vicinity of 10 Edwidge St.

Jonathan Calianos request repair to sidewalk damaged by tree roots at the corner of Elm and Sever Sts. abutting 94 Elm St.

Joseph & Victoria Prochilo request sidewalk repair in front of 4 Emerson Rd.

Charles Nickolson request street resurfacing on Longfellow Rd.

Councilor William J. Eddy on behalf of residents of Marwood Rd. and Dorset St. request emergency sidewalk repair at the corner of Marwood Rd. and Dorset St. from damage sustained during Hurricane Irene.

Mayor Joseph C. O'Brien on behalf of Stephen Froio request sidewalk repair in front of 71 Whipple St.

Ruth Ndirangu request sidewalk repair in front of 172 Vernon St.

Councilor Joffrey A. Smith on behalf of School Committee Member Tracy Novick request a Stop Sign be installed in Erie Avenue at its intersection with Country Club Blvd.

Tho Tran request to install handicap parking space in the Maywood St. side of 2 Stevens Rd.

Wendell Wills request the intersection of Sigel St. and Bigelow St. be made a 4-way stop.

Debra Joyce request installation of a handicap parking space in front of 67 Providence St.

Lisa Thomas request "Private Street, Dangerous" be added to the street sign for Holt Ave.

Lisa Hackett request installation of resident permit parking on both sides of the entire length of Holland Rd., weekdays from 6:00 am to 6:00 pm.

Ruth Gonzalez request installation of handicap parking space in front of 7 Lucian St.

Mayor Joseph C. O'Brien and Councilor Joffrey A. Smith on behalf of Keith Bourget request installation of a speed radar display sign at 722 Grove St. to address the severe accidents and speeding that occurs on that road.

Councilor William J. Eddy on behalf of Walter Cahill request installation of "Go Slow Children" sign on Dorset St.

Councilor William J. Eddy on behalf of Scott Murphy request installation of a "Go Slow Children" sign on Marwood Rd.

Nicole Guastella request installation of a handicap parking space in front of 51 Everard St.

LIGHT TOWER FIBER LLC for conduit location: MILLBROOK ST.

William S. Coleman, III request City Council put before the voters in the Tuesday, November 8th 2011 Municipal Elections the following non-binding election question: Shall 17 year old American citizens who are residents in the City of Worcester have the right to vote in local municipal elections?

Transmitting Informational Communication Relative to the Appointment of Diane Mohieldin to the Election Commission.

Transmitting Informational Communication Relative to the Quarterly Economic Development Report.

Transmitting Informational Communication Relative to Small Business Recruitment and Retention Efforts.

Transmitting Informational Communication Relative to the 2012 Grant Application Process for Funding of the Arts through the Worcester Arts Council.

Transmitting Informational Communication Relative to the Energy Conservation and Building Modernization Program.

Transmitting Informational Communication Relative to the Flooding that Occurred in the Green Island Neighborhood on September 8, 2011.

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

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of of Seventeen Hundred Dollars ($1,700) to Purchase a Bench for Green Hill Municipal Golf Course in Memory of Norman Loring.

Transmitting Informational Communication Relative to the Master Plan for Improvements to Bennett Field.

Transmitting Informational Communication Relative to the Master Plan for Improvements to Crompton Park.

Recommend Adoption of a Resolution to File and Accept a FY 2012 Student Awareness of Fire Education (SAFE) Grant through the Massachusetts Executive Office of Public Safety and Security, Department of Fire Services.

Recommend to Accept with Gratitude a Donation in the Amount of Two Hundred Fifty Dollars And No Cents ($250.00) from Our Lady of the Angels Elementary School to the Webster Square Fire Station.

Recommend that City Council Accept with Gratitude a Scholarship from the National Fire Protection Association for Lieutenant Annmarie Pickett of the Worcester Fire Department.

Transmitting Informational Communication Relative to the International Association of Fire Chiefs' Tony Pini Awards.

Transmitting Informational Communication Relative to Crime Statistics for 2010 and 2011 Year to Date Crime and Quality of Life Statistics.

Recommend Approval to Amend the WPD Table of Organization to Include a Latent Print Examiner Position.

Transmitting Informational Communication Relative to Pedestrian Accidents and Fatalities.

Recommend Adoption of a Resolution to File and Accept a FY2012 Public Safety Answering Point (PSAP) and Regional Emergency Communication Center Support and Incentive Grant.

Recommend Adoption of a Resolution to File and Accept a FY 2012 State 911 Training Grant.

Transmitting Informational Communication Relative to the Legality of the Local Hiring Requirment in a TIF (Tax Increment Financing) Agreement.

Transmitting Informational Communication Relative to the City's 2011 Community Immunity Program.

Recommend Adoption of a Resolution to Authorize Lease of Office Space at the Worcester Senior Center.

Transmitting Informational Communication Relative to Changes Being Implemented on October 1, 2011 to the City's Credit Card Acceptance Program.

Recommend that Eleven Thousand Five Hundred Sixty Six Dollars And No Cents ($11,566.00) be transferred from Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #27C701, Communications Capital Equipment, for the purchase and installation/repair of the microwave antennae at 101 Asnebumskit Road, Paxton.

Recommend that Eight Thousand Dollars And No Cents ($8,000.00) be transferred from Account #91C7802A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #26C701, Worcester Fire Department Capital Equipment, to fund the purchase of hose nozzles.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7411E, Belmont St. Improvements, and be appropriated to DPW Account #41C718, Belmont Street Improvements, to allow for the payment of anticipated obligations associated with this capital project.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C7450A, Sewers - Granite Street, and be appropriated to DPW Account #44C746, Granite Street Improvements to allow for the payment of anticipated obligations associated with this capital project.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C7131A, Water Filtration, and be appropriated to DPW Account #45C768, Water Filtration Plant to allow for the payment of anticipated obligations associated with the Water Filtration Plant.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C745, Sewer Construction, to DPW Account #44C732, Sewer Control Plan to allow for the payment of a current invoice and future obligations.

Recommend that Twenty Four Thousand One Hundred Forty Five Dollars And No Cents ($24,145.00) be transferred from Loan Account #91C732, Water Building Rehabilitation, and be appropriated to Water Account #45C704, Water Building Rehabilitation to provide funding for pending invoices and anticipated obligations for the rehabilitation of the Water Enterprise buildings per the cash flow procedure.

Recommend that Seven Hundred Seventy Five Thousand Dollars And No Cents ($775,000.00) be transferred from Loan Account #91C7411K, Street Construction, and appropriated to DPW Account #41C799, Street Resurfacing to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C7150A, Dam Improvements, and be appropriated to DPW Account #41C706, Coes Reservoir Dam to allow for the processing and anticipated payments associated with engineering services at this location.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C735, Building Rehabilitation, and be appropriated to DPW Account #44C705, Capital Outlay to allow for payment of anticipated obligations per the cash flow procedure.

Recommend that Two Hundred Eighty Thousand Dollars And No Cents ($280,000.00) be transferred from Loan Account #91C7452A, Sewer Reconstruction and Three Hundred Five Thousand Dollars and No Cents ($305,000.00) be transferred from Loan Account #91C7451A, Sewer Reconstruction, and that the total of $585,000.00 be appropriated to DPW Account #44C744, Sewer Reconstruction to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7840A, Acquisition of Trees, and be appropriated to Parks Account #72C70218, Tree Plantings, for the purpose of paying contractually obligated invoices related to the Forestry Division Tree Planting Projects.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C7842I, Parks - Spillane, and be appropriated to Parks Account #72C70215, Bailey-Prouty, for the purpose of paying contractually obligated payments for work on the field, park and playground.

Recommend that Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Account #91C7802A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #25C701, Police Capital Equipment, to fund the purchase of various pieces of capital equipment.

Recommend that One Hundred Sixty Thousand Dollars And No Cents ($160,000.00) be transferred from Loan Account # 91C7841B, Park Improvements Bennett, and be appropriated to Parks Account #72C70222, Bennett Field, to allow for contractually obligated payments relating to the construction at Bennett Field.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Loan Account #91C7841I, Aquatic Facilities, and be appropriated to Parks Account #72C70221, Aquatic Demolition, to allow for contractually obligated payments for the demolition of the pools.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Loan Account #91C7841K, Newton Square Memorial, and be appropriated to Parks Account #72C70223, Newton Hill, to allow for contractually obligated payments.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Loan Account #91C7111F, Building Rehabilitation Lake Park, and be appropriated to Parks Account #72C70211, Lake Park, for the purpose of paying contractually obligated payments for the building upgrades at Lake Park.

Recommend that Ninety One Thousand Two Hundred Two Dollars And No Cents ($91,202.00) be transferred from Account #91C7802A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #26C701, Worcester Fire Department Capital Equipment, for the purchase of various equipment.

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) be transferred from and to various accounts to provide funding for current costs associated with the construction of an Off-Season Storage Facility located at the Millbury Street Residential Drop-Off Center.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account # 91C7842B, Parks Rockwood, and appropriated to Parks Account # 72C709, Rockwood Park to allow for payments of contractually obligated commitments.

Recommend that Six Hundred Ninety Four Thousand Three Hundred Fifty Dollars And No Cents ($694,350.00) be transferred from various DCU Center Accounts and be appropriated to Account #75S503, DCU Lease, to fund the DCU Center operations as approved in the Fiscal Year 2012 Budget.

Recommend that Eighty Eight Dollars And Thirty Seven Cents ($88.37) be transferred from various Elder Affairs Special Revenue Accounts and be appropriated to Account #34S617, Senior Center Programs, to provide additional funding to support Senior Center programs.

Recommend that Six Hundred Dollars And No Cents ($600.00) be transferred from Account #100-91000, City Clerk Personal Services, and be appropriated to Account #150-97000, Elections Overtime, to provide funding for work associated with the September Municipal Primary, November Municipal Election and the March 2012 Presidential Primary.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Reserve Revenue Account #330-54, Reserve for Appropriations Greenwood Street Landfill, and be appropriated to DPW&P Account #72S664, Quinsigamond School Playground, to fund current and anticipated commitments.

Recommend that Three Thousand Five Hundred Twenty Three Dollars And Ninety Cents ($3,523.90) be transferred from Account #330-08, Reserve for Appropriation on Loans, and be appropriated to Account #661-94000, Debt Principal, to pay down the principal associated with the July 12, 2011 Refunding.

Recommend that Two Hundred Eleven Dollars And Fifty Cents ($211.50) be authorized from the Fiscal Year 2012 Water Ordinary Maintenance Account #450-92000, to provide funds to pay a prior year invoice.

FROM THE COMMITTEE ON EDUCATION - Request City Manager update the City Council concerning the CPR and AED certification effort as it relates to senior students in the Worcester Public Schools in 2011 and 2012

FROM THE COMMITTEE ON EDUCATION - Request Worcester School Committee provide the City Council with copies of the Worcester School Department FY 2012-2013 budgets as they evolve towards finalization during the Winter and Spring of 2012

FROM THE COMMITTEE ON EDUCATION - Request City Manager request the Head Librarian keep the City Council informed concerning the progress towards the acquisition and implementation of a new Automated Materials Handling system.

FROM THE COMMITTEE ON EDUCATION - Request City Clerk to arrange a meeting of the Standing Committee on Education with administration of Assumption College concerning the February 2011 Community Benefits Report.

Request the Standing Committee on Traffic & Parking seek to establish appropriate signage or timing at intersections where pedestrian lights don't stop right turning traffic. (Toomey, Petty, Germain)

Request City Manager consider adding businesses to the back flow valve replacement program, especially those in the federally designated flood plains or those who have experienced sewer back flow due to severe weather events. (Haller, Toomey, Petty, Palmieri, Smith, Clancy, Lukes, O'Brien)

Request City Manager investigate the ongoing issue of excessive runoff from Worcester Technical High School property onto Belmont Street and Granby Road and connector streets causing unsafe conditions, and further, to provide a time table for the city to take corrective action. (Palmieri)

Request City Manager report to the City Council whether or not there will be corrective action taken by CSX in their current construction work to address the excessive street flooding in the area of the Bancroft School of Massage Therapy. (Palmieri)

Request City Manager report a solution to the excessive street flooding in the vicinity of 350 Lincoln Street between Orne Street and Gorham Street. (Palmieri)

Request City Manager bring together college and university leadership and local businesses in a cooperative effort to routinely transport college students from the various campuses to the several business zones including an innovative private funding formula. (Palmieri, Clancy, O'Brien)

Request City Manager provide the City Council with a time line for the CSX project. (Petty, Palmieri)

Request the City Manager review and recommend solutions to the street flooding at Jack Barry Little League Field at Harrington Way and Franklin Street. (Petty, Palmieri)

Request the City Manager update the City Council concerning the NGrid east side project.
(Petty, Palmieri)

Request the City Manager respond to the City Council concerning the public safety and several quality of life concerns itemized at the September 21, 2011 Brown Square Neighborhood Watch meeting. (Palmieri, Petty)

Request City Manager report to the City Council concerning the status of the law regarding switching to a municipal electric utility and what, if any, legislation is pending that would make it easier for a municipality to acquire the assets of a utility. (Lukes)

SEWER BETTERMENT ASSESSMENT: GLEZEN STREET

SEWER BETTERMENT ASSESSMENT: CASCADE ROAD

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to the Voluntary Certification in CPR and AED for all Senior Students in the Worcester Public Schools' Class of 2009.: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to Construction at the New North High School.: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to the FY11-FY12 Budget for the Worcester School Department.: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to the Announcement of a Thirty Two Thousand Five Hundred Dollars and No Cents ($32,500.00) from Massachusetts Cultural Council Adams Grant to the Worcester Cultural Coalition.: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to Technology Upgrades at the Worcester Public Library.: recommend Communication be placed on file.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager request to change a Private Right of Way (Arboretum Drive) to a public street and to rename this public street, Plantation Parkway.

REPORT OF THE PLANNING BOARD upon the Petition of Michael J. Germain request to make Phoenix St. a public street.

REPORT OF THE PLANNING BOARD Upon the Petition of Stacey Forget, Attorney on behalf of Avery Investment Properties, LLC request Brookline St. within the Avery Estates subdivision, be made public.

REPORT OF THE PLANNING BOARD Upon the Petition of Stacey Forget, Attorney on behalf of Avery Investment Properties, LLC request Wyola Drive, within the Avery Estates subdivision, be made public.

REPORT OF THE PLANNING BOARD Upon the Petition of Stacey Forget, Attorney on behalf of Avery Investment Properties, LLC request Avery Path, within the Avery Estates subdivision, be made public.

REPORT OF THE PLANNING BOARD Upon the Petition of Salvatore Mustica request Simone St. be made public.

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)

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)

ORDER of Mayor Joseph C. O'Brien - 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. (Tabled - O'Brien September 6, 2011)

COMMUNICATION of the City Manager transmitting Informational Communication Relative to the City's Revenues and Expenditures as of June 30, 2011. (Tabled - Lukes September 6, 2011)

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 09/13/2011)

Motion Petty @ #9.14A CM & 11b CC - Request City Manager implement an emergency response plan for street closures based on past history in the event of a severe rain event.

Motion O'Brien @ #9.14A CM & 11b CC - Request City Manager request the City Solicitor to provide a legal opinion concerning whether or not city can offer a tax exemption or rebate for property owners to purchase flood insurance in instances when the city cannot also guarantee that properties can be protected from severe rain events.

Motion Toomey @ #9.14A CM & 11b CC - Request City Manager consider rebates for back flow valve replacement program for businesses who apply.

Motion Toomey @ #9.14A CM & 11b CC - Request City Manager consider the feasibility of getting a consultant to make recommendations concerning storage protocols for privately owned properties to avoid damages due to flooding.

Motion Rushton @ #9.4A & B CM - Request City Manager provide City Council with an update concerning the skating rink in the Common.

Motion Toomey @ #9.4A & B CM - Request City Manager forward to City Council a report of all bike route plans and include maps.

Motion Toomey @ #9.4C CM - Request City Manager place on the city web site information as to how people can send letters to the state legislation advocating for retaining the Adams grant as the loss of this funding would negatively impact programs like the WOO Card.

Motion Rushton @ #9.6A CM - Request City Manager provide to City Council with an update concerning municipal aggregation.

Motion Haller @ #9.17A CM - Request City Manager forward a copy of calendar items #9.17 A & 9.17C to all the neighborhood centers and crime watch groups.

Motion Haller - Suspension of Rules - Request Police Chief provide speed enforcement in front of 50 Murray Avenue.