CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 18, 2012

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:47 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 September 4, 2012.

Hearing: VERIZON NEW ENGLAND, INC. for conduit locations in: TRUMBULL ST., FRONT ST. & FOSTER ST. Granting permission to VERIZON NEW ENGLAND, INC. for conduit locations in: TRUMBULL ST., FRONT ST. & FOSTER ST.

PROPOSED ORDINANCE - Amending Chapter 2 of the Revised Ordinance of 2008 Relative to the Responsible Employer Plan for the City of Worcester. (Tabled Under Privilege - Petty July 17, 2012) (Tabled - Eddy September 4, 2012)

Mayor Petty thanked the organizers of stART on the Street and he presented each organizer with a Key to the City - Sarah Brueck, Nikki Erskine, Lisa Hall, Casey Hickey, Cathleen Jordan, Robyn Lewis, Stacy Lord, Christina Roberts Samantha & Paul Sorrentino, Tina Zlody. Mayor Petty also thanked and gave a key to Gabriel Rollins who was not present.

Mayor Petty recognized the following persons who spoke to items on the agenda:
1. Ronal Madnick, Worcester resident
2. Jo Hart, Worcester resident
3. Bill Randall, Holden resident
4. Paul Collyer, Worcester resident
5. Russ Haimes, Wayland resident
6. Noel Ciuffreda, no residence given
7. Armand Belanger, Oxford resident
8. Hiu Nguyen, Worcester resident

Binh Phan request to make public the portion of Beaver Brook Parkway from Maywood St. to Thayer St.

Nicaury Rolon request installation of a handicap parking space in front of 33 Cutler St.

Michael Higgins request the handicap parking space in front of 15 Clay St. be removed.

Sandy Haber request pedestrian flashing warning lights at the curbs of both sides of the crosswalk in vicinity of 67 Millbrook St.

Transmitting Informational Communication Relative to the City Hall Employee of the Month Program.

Request Approval of a Salary Ordinance Amendment to Allow for An Increase in the Flat Rate of Pay for the City's Snow Inspectors and Snow Supervisors.

Transmitting Informational Communication Relative to the Retirees' Health Plans and Open Enrollment Period for Over 3,700 Medicare-eligible Retirees for Calendar Year 2013.

Recommend Adoption of a Resolution to File and Accept a Grant in the Amount of One Hundred Thousand Dollars and No Cents ($100,000) from UMass Memorial Health Care Community Benefits Program in Support of the Youth Opportunities Office.

Transmitting Informational Communication Relative to the Worcester Energy - Residential Rebate Program.

Recommend Approval of An Agreement Between the Town of Paxton and the City of Worcester Relative to the Town's Water Supply.

Transmitting Informational Communication Relative to the Worcester Regional Research Bureau.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Laws Governing the Administration of Elections in the City of Worcester and those Governing Polling Places Behavior.

Transmitting Informational Communication Relative to the Library Express.

Transmitting Informational Communication Relative to the Summer Youth Corps Job Program at the Worcester Public Library.

Transmitting Informational Communication Relative to a Know Your Rights Community Program to Be Held on Monday, October 1 at 6:30 P.M. at the Worcester Senior Center.

Recommend that Nine Million Six Hundred Thousand Dollars And No Cents ($9,600,000.00) be transferred from Account #91C7111A, Citywide Energy Improvement, and appropriated to Account #04C754, Citywide Energy Improvement, to pay for contractual obligations related to the improvement to city/school buildings as approved in the Capital Improvement Program.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #91C716, Union Station Rehabilitation, and be appropriated to Account #04C704, Union Station Building Rehabilitation, to fund current and anticipated invoices associated with various rehabilitation projects at Union Station.

Recommend that Thirty One Thousand Five Hundred Eighty Five Dollars And No Cents ($31,585.00) be transferred from Loan Account #91C7312A, Water Capital Equipment, and be appropriated to Account #45C703, Water Capital Equipment to allow for the purchase and future payment of this vehicle per the cash flow procedure.

Recommend that Nine Hundred Thousand Dollars And No Cents ($900,000.00) be transferred as listed below to cover the costs associated with the new Off Season Storage Facility that has been constructed at the site of the Millbury Street Residential Drop-Off & Recycling Center.

Recommend that Seven Hundred Eighty Thousand Dollars And No Cents ($780,000.00) be transferred from Loan Account #91C7411A, Street Construction and Two Hundred Twenty Thousand Dollars And No Cents ($220,000.00) be transferred from Loan Account #91C7412B, and the total $1,000,000.00 be appropriated to DPW Account #41C741, Street Resurfacing to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Four Hundred Forty Nine Thousand Eight Hundred Ninety Seven Dollars And No Cents ($449,897.00) be transferred as follows: $400,000.00 be transferred from Loan Account #91C7411D, Private Street Conversion, and $49,897.00 be transferred from Loan Account #91C7410C, Private Street Conversion, and be appropriated to DPW Account #41C768, Private Street Conversion to provide funds for the payment of current and future expenditures per the cash flow procedure.

Transmitting Informational Communication Relative to the City's Annual Federal Entitlement Programs.

Transmitting Informational Communication Relative to the City's Other Post Employment Benefits and Valuation as June 30, 2012.

#10a CC June 19, 2012 Communication of the City Auditor transmitting Auditor's Report for May 2012.

#13a CC July 17, 2012 Communication of Helen Friel, Ed.D., Assistant to the Superintendent/Clerk of School Committee, transmitting communication relative to the motion of School Committee Members Mr. O'Connell and Miss Biancheria requesting to coordinate with the City Council and the City Manager to schedule the school department budget hearings for fiscal year 2014 so that the School Committee will address its budget before the City Council conducts its own budget hearings.

Amending the Salary Ordinance of August 20, 1996 relative to members of Worcester Public Health Nurses Association.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking across from 50 Prescott St.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for Resident Permit Parking on the north side of East Central St. from Ford St. to Eastern Ave.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for Resident Permit Parking on the odd numbered side of Kendall St. from Auburn St. to Oak Ave. Amend Section 37q of Chapter 13 of the Revised Ordinances of 2008 to relocate Tow Away Zone No Parking Anytime on Kendall St.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 2008 to revise the Resident Permit Parking provided in front of 35 Eastern Ave. to Prospect St.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 2008 to revise the Resident Permit Parking to be removed from in front of 30 Randolph Rd.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for Resident Permit Parking on Frank St.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Revise the Resident Permit Parking on Pilgrim Ave. adjacent to 530 Grafton St. for a distance of 100' along Pilgrim Ave.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop signs on Cascade Rd. at Windemere Rd. facing north and southbound traffic on Cascade Rd.

Amend Section 42 of Chapter 13 of Revised Ordinances of 2008 to install 15 minute parking on Commercial at One Exchange Place from 8:00 AM to 4:00 PM

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind one parking space on the north side of Foster St. at the DCU Center.

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)

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)

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)

PETITION of Ivan Machicote request a freeze to the residential construction project at a lot located at the intersection of Sophia Dr. & Lilac Lane to prevent a continuance of violations that are against the interest of neighboring property owners. (Tabled - Russell August 14, 2012)

COMMUNICATION of the City Manager transmitting Informational Communication Relative to the First Circuit Court's Decision of the Upper Blackstone District's Appeal of the EPA's 2008 NPDES Permit. (Tabled - Lukes August 14, 2012)

COMMUNICATION of the City Manager recommending City Council's Review and Acceptance of Proposed Amendments to the City's Open Meeting Law. (Tabled Petty - August 14, 2012) (Tabled - Rivera September 4, 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 Michael J. Germain - Request City Manager recommend to City Council an ordinance similar to the “Unruly Gathering Ordinance” in effect in Narragansett, Rhode Island in light of the fact that recent enforcement actions relied upon to control gatherings have not resulted in a permanent solution to the problems negatively affecting quality of life in our neighborhoods in close proximity to colleges. (Tabled Under Privilege - Germain September 4, 2012) (Tabled - Germain September 11, 2012)

Motion O’Brien @ #10.32A CM – Request City Manager submit timeline for solutions outlined in area of HUD subsidized housing.

Motion Lukes @ #10.13B CC – Request City Manager provide City Council with a list of election workers.

Motion Lukes @ #10.13B CC – Request City Manager provide City Council with complaints made to Wardens at election polls including who made them and what was the complaint.

Motion Eddy @ #10.13B CC – Request City Manager communicate to the Election Commission that every election should meet the following two basic criteria’s: 1) Does the election process ensure fairness?; and 2) Are the rules consistently enforced evenly at all polls across the city?

Motion O’Brien @ #10.13B CC – Request City Manager request the Election Commission report to City Council efforts to educate the public as to what they need to do when they go to vote and find that their voting status is inactive. Councilor Eddy moved to amend: Further, request the Election Commission consider proactive measures that might remove inactive voting status from the voter list before Election Day to avoid long lines at the polls.

Motion Rivera – Suspension of Rules – Request City Manager provide City Council with an update regarding solutions to prostitution as previously requested.

Motion Rivera – Suspension of Rules – Request City Manager have the “No Parking” signs in Newbury St. at the corner of Congress St. be reinstalled.

Motion Rivera – Suspension of Rules – Request City Manager have the “No Parking” signs in Newbury St. be reinstalled.

Motion Rivera – Suspension of Rules – Request City Manager have the Police Chief provide speed enforcement in Sigel St.

Motion Rivera – Suspension of Rules – Request City Manager have the crosswalk in Hammond St. at Beacon St. repainted.

Motion Lukes – Suspension of Rules – That the City Council of the City of Worcester does hereby cancel the September 24, 2012 City Council meeting.

Motion Economou – Suspension of Rules – Request City Manager request the Commissioner of Public Works and Parks remove the tree at 103 Chino Ave.

PETITION – Councilor Tony Economou request the “Yield” sign at Channing St. and Green Hill Parkway be changed to a “Stop” sign.

PETITION – Councilor Tony Economou request the installation of a “Dead End” sign in Elmwood St. where it intersects with Midland St.

Motion Economou – Suspension of Rules – Request City Manager provide City Council with an update relative to the status of the monument at Newton Sq.

Motion Economou – Suspension of Rules – Request City Manager inform City Council as to how the Communication Department prioritize calls for police assistance and responses.

Motion Russell - Suspension of Rules – Request City Manager provide an update concerning what is going to be done relative to improving handicap accessibility at Ward 5 Precinct 3.

Motion Russell – Suspension of Rules – Request City Manager report why pedestrian striping work is taking so long at Lake Ave. and Sunderland Rd.

Motion Petty – Suspension of Rules – Request City Manager provide City Council with a report regarding the federally funded centralized camera system.