CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 20, 2012

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 8:12 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 February 28, 2012.

Mayor Petty read a Proclamation declaring March 20, 2012 as Patricia Eppinger Day and presented to her with the proclamation and a Key to the City. Ms. Eppinger spearheaded a coordinated community service effort with community partners and students from Worcester Academy to create a new library at Union Hill Elementary School.

John Wood, Jr. request City to discontinue land or a portion of land located on north side of Lanesboro Rd. (Relocated) abutting 29 Lanesboro Rd. from the Lanesboro Rd. public way layout.

Plato Dimitriadis request sidewalk repair in front of 1 & 3 Berkmans St.

San Tran of Tran Real Estate LLC request sidewalk repair in front of 160 Beacon St.

Donna Al-seirwan request to install a handicap parking space at 139 Maywood St.

Linda Nusum request to install a handicap parking space in front of 101 Stanton St.

Councilor William J. Eddy on behalf of Cecilia Mason request a four-way Stop be installed at the intersection of Tallawanda Drive and Brookline Street.

Recommend approval to increase the maximum base on which its retirees can receive a cost of living allowance (COLA) under M.G.L. Chapter 32 Section103(j) from $12,000.00 to $13,000.00 as voted unanimously by Worcester Retirement Board matching what the state legislature and the governor have recently done for retired state employees and retired teachers.

Transmitting informational communication regarding M.G.L. Chapter 176 of the Acts of 2011 (Pension Reform Act) Section 134 and how it now makes it mandatory for Retirement Board Members to annually disclose certain financial holdings and earnings information as well as meeting continuing education requirements and the new law also allows the City Council to increase the Retirement Board's stipend from $3,000.00 to $4,500.00 as of April 1, 2012.

Transmitting informational communication regarding the manual recount of the School Committee election that was conducted December 2011.

Transmitting Management Letter that was done in conjunction with the city's audit for the fiscal year ended June 30, 2011 by the City's auditors Sullivan, Rogers & Company, LLC.

Transmitting Report on Internal Control over Financial Reporting, Compliance and Federal Award Programs for the fiscal year ended June 30, 2011 that was prepared by the City's auditors Sullivan, Rogers & Company, LLC.

Transmitting Auditor's Report for February 2012.

Request City Manager engage an independent firm to conduct an “operational financial audit” of the Worcester Public Schools in relationship to the spending requirements of Chapter 70 of the Massachusetts General Laws. (Germain)

Request City Manager request MassPort convene an emergency meeting for the specific purpose of entering into an agreement with Vision Air to operate flights between Worcester and Myrtle Beach, SC and Sanford, West Palm Beach and Punta Gorda, FL that have been abandoned by DirectAir, said service has been arranged with airport officials in Springfield, IL. (Germain)

Request City Manager place permanent links on the city’s front page to the municipal checkbook and the listing of earnings of municipal employees for ease of access. (Russell)

Request City Council develop a process that includes a City Council vote regarding approval of individually funded HOME projects. (Lukes)

Request City Manager schedule an executive session to discuss the discipline or dismissal of, or complaints or charges brought against an individual. (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.

#13a CC September 6, 2011
Communication of the City Auditor transmitting Auditor's Report for July 2011.

#9a CC October 11, 2011
Communication of the City Auditor transmitting Auditor's Report for August 2011.

#8a CC October 18, 2011
Communication of the City Auditor transmitting Auditor's Report for September 2011.

#8.24A CM October 25, 2011
Communication of the City Manager transmitting informational communication relative to the Fiscal Year 2012 1st Quarter Budget Report of Revenues and Expenditures.

#10a CC October 25, 2011
Communication of the City Auditor transmitting the certification letter from the Department of Revenue relative to Notification of Free Cash Approval for general fund expenditure in fiscal 2012 and the city's enterprise funds.

#10a CC November 22, 2011
Communication of the City Auditor transmitting Auditor's Report for October 2011.

#12a CC December 19, 2011
Communication of the City Auditor transmitting Auditor's Report for November 2011.

#12b CC December 19, 2011
Communication of the City Auditor transmitting the city's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2011.

#11.24A CM December 19, 2011
Communication of the City Manager transmitting informational communication relative to the City's FY12 1st Quarter Revenues and Expenditures through October 2011.

#8a CC January 24, 2012
Communication of the City Auditor transmitting Auditor's Report for December 2011.

#8.24A CM January 31, 2012
Communication of the City Manager transmitting informational communication relative to the City's Mid-Year Expenditures and Revenues for Fiscal Year 2012.

#8.32B CM January 31, 2012
Communcation of the City Manager transmitting informational communication relative to the Governor's Fiscal Year 2013 Budget Recommendation.

#9a CC February 28, 2012
Communication of the City Auditor transmitting Auditor's Report for January 2012.

#10.32A CM March 13, 2012
Communication of the City Manager transmitting Informational Communication Relative to the Fiscal Year 2013 Budget.

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)

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)

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 Manager transmitting informational communication relative to an update on the status of #5 May Street. (Tabled - O'Brien January 31, 2012)

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)

COMMUNICATION of the City Manager transmitting Informational Communication Relative to Finance for Housing Developments within the City of Worcester. (Tabled - O'Brien February 28, 2012)

Motion Lukes @ #8a CC - Request the Mayor request PERAC consider holding future professional development classes in Central Massachusetts.

Councilor Toomey moved to amend: Further, request PERAC to consider having online courses.

Motion Lukes @ #8c CC - Request Election Commission develop a manual relative to the process for conducting election recounts and further, request a report be provide to City Council by July 1, 2012 concerning the progress for creating said manual.

Motion Eddy @ #8c CC - Request Election Commission and City Clerk report what lessons were learned from the November 2011 School Committee race recount for future reference and how the process can be made better in future multiple candidate recounts.

Motion Palmieri @ #8c CC - Request the Election Commission report regarding the discrepancy in the votes lost in the November 2011 School Committee races that includes how, why and where these discrepancies took place.

Motion Palmieri @ #8c CC - Request the Election Commission request the Secretary of State Galvin communicate his recommendations concerning recounts.

Motion Lukes @ #8d CC - Request City Manager request the City Solicitor provide a legal opinion as to what is the role of the City Council relative to financial oversight of the City Clerk's Department in dealing with issues such as funds, procedural manuals and the extent of involvement in terms of finances.

Motion Lukes @ #8d CC - Request City Manager provide City Council with a copy of the City Clerks Department's financial policies and procedures manual once reviewed by the Administration.

Motion Lukes @ #8d CC - Request City Manager request the City Solicitor report what is the legal path for dealing with the proceeds in the Marriage Counseling Donation Account and further, request the City Manager report what would be the costs associated with the possible rebating of funds.

Motion Lukes @ #9b CC - Request City Manager send a letter to MassPort requesting assurances that Worcester Regional Airport is not being considered for freight traffic.

Motion Palmieri @ #9b CC - Request the City Council Standing Committee on Public Service and Transportation Committee invite MassPort to discuss plans for the Worcester Regional Airport.

Councilor Toomey moved to amend: Further, request the Committee discuss with MassPort the new capital investments being made at Worcester Regional Airport.

Motion Petty @ #9d CC - Request City Manager request the City Solicitor for a legal opinion as to whether City Council can develop a process that would have City Council approve individually funded HOME projects.

Motion Petty @ #9e CC - Request City Manager request the City Solicitor for a legal opinion regarding scheduling an executive session to discuss the discipline or dismissal of, or complaints or charges brought against an individual.

PETITION - Councilor William J. Eddy request install a street light on pole #55 at 361 Mill St.

PETITION - Councilor William J. Eddy request Commissioner of Public Works & Parks take a look at and repair the street lights in front of Doherty Memorial High School in Highland St. between Park Ave. and Newton Sq.

Motion Eddy - Suspension of Rules - Request City Manager request the Commissioner of Public Works & Parks provide a report concerning illegal dumping at Beaver Brook, at Mayfield St. and Mann St., that describes how significant the problem is and steps taken to alleviate the problem.

Councilor Rushton moved to amend: Further, request Big Y to consider placing a camera in their parking lot facing Beaver Brook Park to help deter illegal dumping.

Motion Eddy - Suspension of Rules - Request City Manager request Commissioner of Public Works & Parks provide a report concerning the Bennett Field Master Plan that includes the monies allocated and the amount of funds expended from the $250,000 from the sale of the Worcester Regional Airport.

Motion Russell - Suspension of Rules - Request City Manager request Inspectional Services report to City Council the capacities of houses on Caro Street, if houses on Caro Street have had parties that exceed these limits, and what steps can be taken to avert a future problem.

Councilor Toomey moved to amend: Further, request City Manager communicate with WPI concerning their guidelines used for off-street parties.

PETITION - Councilor Philip P. Palmieri request sidewalk resurfacing where needed on both sides of Nebraska St. starting at the corner of Muskeego St. to Envelope Terrace.