CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 27, 2012

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 9:54 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 November 13, 2012.

COMMUNICATION of City Manager transmitting for City Council's review and information a copy of the Housing Market Study, as prepared by RKG Consultants, the Analysis of Impediments to Affordable Housing, as prepared by 12 Community Development Consulting, Inc. and a recommended Housing Strategy, as prepared by the Executive Office of Economic Development. (Tabled Under Privilege - O'Brien October 23, 2012) (Tabled Under Privilege - Eddy October 30, 2012) (Held - Petty November 13, 2012 & November 20, 2012).

At the request of Councilor Economou, Mayor Petty invited Scott Fair and David Gallagher to present a power-point presentation of the recent Civil War Reenactment that occurred at Green Hill Park on October 11 - 14, 2012.

Mayor Petty recognized the following person who spoke:
1. William Breault

Mayor Petty invited the City Manager to say a few words regarding the recent major water main break that occurred in Chandler St. on November 11, 2012. The Mayor recognized the presence of Konstantin Eliadi, Michael Daigneault, Michael Ferguson, Arthur Korp, John Iwanow, Philip Guerin, Philip Gagnon, John Lemorese, Ellen Dalbeck and Joshua Martunas and employees of the Department of Public Works and Parks and instrumental in repairing this water main and restoring water service to a speedy resolution.

Thomas Kyros request sidewalk repair in front of 447 Chandler St.

Mayor Joseph M. Petty on behalf of Gary Cipro request to install a handicap parking space in front of 66 Rich St.

Michelle Santiago request to remove handicap parking space in front of 23 Perry Ave.

Alfred Mero request "No Parking" signs be installed in Shrewsbury St. from Mulberry St. to the exit from Mt. Carmel Apartments.

Transmitting Informational Communication Relative to the Reappointments of Amanda Riik and Christina Zlody to the Worcester Arts Council.

Transmitting Informational Communication Relative to the Reappointment of Calvin Hill to the Affirmative Action Advisory Committee.

Transmitting Informational Communication Relative to the Reappointment of William Spellane to the Cable Television Advisory Committee.

Transmitting Informational Communication Relative to the Appointment of Linda Parham to the Citizens Advisory Council.

Transmitting Informational Communication Relative to the Reappointment of Lawrence Abramoff to the Zoning Board of Appeals.

Transmitting Informational Communication Relative to the Annual City Hall Thanksgiving Food Drive.

Recommend Adoption of a Resolution to Designate Parcels within the South Worcester Industrial Park Site Specific Economic Opportunity Areas.

Transmitting Informational Communication Relative to Public Process for Fiscal Year 2013-2014 Community Development Block Grant Program.

Recommend Adoption of an Ordinance Concerning the Compensation of the Cultural Development Officer.

Recommend Adoption of the Attached Resolutions to File an Application to Designate 15 Coppage Drive as a Site Specific Economic Opportunity Area and a Certified Project.

Transmitting Informational Communication Relative to Programs and Services Offered by the City's Executive Office of Economic Development, Division of Business Assistance.

Transmitting Informational Communication Relative to the City's Winter Parking Ban and Outreach Efforts to Inform the Public.

Recommend City Council Accept with Gratitude a Donation from the Massachusetts Interscholastic Athletic Association for Rockwood Field.

Recommend City Council Accept with Gratitude a Donation from the Massachusetts Interscholastic Athletic Association, Inc. for Tivnan Field located at Lake Park.

Recommend City Council Accept with Gratitude a Donation in Memory of Dan Rosetti for the Green Hill Golf Course Jr. Golf Program.

Recommend City Council Accept with Gratitude a Donation from Skyhawks Sports Academy, Inc.

Transmitting Informational Communication Relative to Public Hearings for the Open Space and Recreation Plan.

Recommend City Council Accept with Gratitude a Donation in the Amount of One Hundred Dollars and No Cents ($100.00) from the Highland House.

Transmitting Informational Communication Relative to the Real Time Crime Center.

Recommend Adoption of a Resolution to File and Accept a FFY 2013 Traffic Enforcement Grant from the Massachusetts Executive Office of Public Safety and Security.

Recommend Adoption of Ordinance Amending Chapter 8 of the Revised Ordinances to Conform the Licensing and Regulation of Dogs, Cats, and Ferrets to State Law.

Recommend City Council Accept with Gratitude a Gift of Seven Thousand Five Hundred Dollars and No Cents ($7,500.00) from UniBank for the Purchase of "AfterSchool Edge" computer programs.

Transmitting Informational Communication Relative to the Fiscal Year 2013 Tax Classification Hearing.

Respectfully request Three Hundred Sixty Four Thousand Six Hundred Twenty Two Dollars and No Cents ($364,622.00) be transferred when and as received from Account #91C7802A, Capital Equipment, to Account #55C701, Library Equipment, for Automated Materials Handling Project at the Worcester Public Library.

Recommend that Fifty Thousand Six Hundred Forty Dollars And No Cents ($50,640.00) be transferred from Loan Account #91C7343A, Sewer Capital Equipment, and be appropriated to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of this equipment per the cash flow procedure.

Recommend that Eleven Thousand One Hundred Fifty Dollars And No Cents ($11,150.00) be transferred from Loan Account #91C780, Citywide Capital Equipment, and be appropriated to Account #72C701, Parks Capital Equipment, for the purchase and future payment of these capital equipment items.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Loan Account #91C7413G, Street Construction, and be appropriated to Account #41C774, Providence/Winthrop/Heywood Streets, to allow for the payment of current and future engineering service obligations per the cash flow procedure.

Recommend that Seventeen Thousand Dollars And No Cents ($17,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C70209, Farber Field, to allow for the payment of current obligations.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Account #75C504, DCU Special District Financing, and be appropriated to Account #75C704, DCU Special District Financing, to pay for design and other charges associated with improvements at the DCU Center.

Transmitting Informational Communication Relative to the Twelfth Annual Caffrey Memorial Award.

Mayor Joseph M. Petty transmitting communication from National Grid regarding their plans for herbicide applications in the City of Worcester.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 27 Arlington St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 134 Tacoma St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Rescind No Parking Anytime from the south side of Hermon St. from Beacon St. to a pt. 275' east of Beacon St. Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking Anytime on the west side of Beacon St. from Hermon St. to Jackson St. Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking Anytime on the north side of Jackson St. from Beacon St. to the Easterly Property Line 59 Jackson St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking opposite 252 Pilgrim Ave.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to change the Winter Ban on South Ward St. from a Standard Declared Ban to a Permanent Standard Ban from December 1st to April 1st.

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)

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)

COMMUNICATION of City Clerk transmitting information concerning the current composition of the Library Board of Directors and notice of upcoming vacancies effective January 1, 2013. (Tabled Under Privilege - Lukes November 13, 2012) (Tabled - Lukes November 20, 2012)

RESOLUTION - “Support Fuel Assistance and the Work of the Worcester Community Action Council, Inc. As fuel Season Begins on November 1, 2012.” (Petty)

Councilor Germian, Chairman of the Municipal Operation Committee, introduced the following four (4) Chairman’s for consideration: CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - That the City Council of the City of Worcester does hereby terminate the process for filling the anticipated vacancy in the position of City Auditor.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - That the sum of $12,301.00 in Account #650-91000, Auditing Personal Services, be re-appropriated to fund the incumbent City Auditor’s contract extension for a period of one year.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - That the City Council of the City of Worcester does hereby authorize and request the Mayor to enter into an employment contract extension with the incumbent City Auditor for a period of one year.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager to recommend to City Council funding for the vacant Deputy City Auditor position, the vacancy be advertised within 90 days and the successful candidate for the position of Deputy City Auditor become a resident of the City of Worcester within one year of the day of his/her employment

Motion Toomey @ #13b - 13e CC – Request City Manager provide City Council with the salary range for the Deputy City Auditor position.

Motion Lukes @ #13b - 13e CC – Request the Standing Committee on Municipal Operations to initiate the hiring process for the next City Auditor.

Motion Toomey @ #13b - 13e CC – Request City Manager provide the list of periodicals and trade journals that were relied upon to advertise the anticipated City Auditor vacancy.

Motion Lukes @ #5a CC - Request City Manager provide a report detailing the additional funding announced by the Governors Office relative to Smart Residential Housing Development. (Lukes)

Motion Lukes @ #5a CC - Request City Manager consider creating a Design Review Board.

Motion Petty @#9.4A CM - Request City Manager contact CSX and report as to whether the SWIP area could provide them opportunities to spin off jobs.

Motion Lukes @ #9.4A – Request City Manager report the amount of tax levy funding spent on SWIP to date.

Motion Lukes @ #9.4A – Request the Standing Committee on Economic Development look at the tax exemption percentage for each building referred to within the SWIP Site Specific Economic Opportunity Area.

Councilor Russell, Chairman of the Rules and Legislative Affairs Committee, introduced the following Report for consideration: REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Order of Councilor Konstantina B. Lukes - Request City Council develop a process for citizens applying for appointment to the Library Board of Directors: recommend adoption of the following Order that Rules 61 through 64 of the Rules of the City Council are amended so that applicants to the Worcester Public Library Board of Directors , in addition to all criteria currently in place, will be given an opportunity to appear before the City Council to publicly state why they wish to be appointed to the Board, and that Rules 61 through 64 of the Rules of the City Council are additionally amended so that all references to the “Library Board of Trustees” be corrected to the “Library Board of Directors”.