CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 22, 2013

Esther Howland Chamber

Convened: 6:03 P.M.

Adjourned: 8:49 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Mayor Petty moved for a roll call vote to recess to Executive Session to discuss pending litigation - Motion to recess Approved on a roll call vote of 9 Yeas and 0 Nays (Absent - Germain, Rushton). The City Council recessed to Executive Session at 6:05 P.M.

The City Council reconvened into Open Session at 7:18 P.M. with all present and the Mayor in the Chair except for Councilors Germain and Lukes. Both Councilors arrived in Open Session at 7:20 P.M.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of January 8, 2013.

Mayor Petty presented a Key to the family of Ray Grimaldo who passed away this week; State Representative John Fresolo read a citation from the Massachusetts House of Representative. Mr. Grimaldo was a small business owner and he and his family were a fixture of lower Grafton Hill area.

Mayor Petty recognized the following persons who spoke: 1. George Valeri, Worcester resident 2. William Breault, Worcester resident 3. David Bentley, Worcester resident 4. Chris Horton, Worcester resident 5. Jo Hart, Worcester resident 6. Terri Kelly, Worcester resident

Irene MacLeod request sidewalk repair in front of 46 Queen St.

Paula Lozada on behalf of Richie Morales request installation of a handicap parking space in front of 1 Minots St.

Adriana Soto request installation of a handicap parking space across from 161 Providence St.

Jo Hart request City Council work with the City Manager to establish a new method for emergency social help that does not require 911; a new and appropriate response via a new 111 telephone number, 24/7, to respond to requests for assistance either by responding personally or by giving information on the telephone; information that a stranger on the street does not have and is in no position to judge what should be done to help.

Transmitting Informational Communication Relative to the Appointment of Derek Evers as Constable for the City of Worcester.

Transmitting Informational Communication Relative to the Appointment of Katherine Evans to the Citizens Advisory Council.

Transmitting Informational Communication Relative to the City Hall Employee of the Month for January 2013.

Recommend Adoption of an Order to Convey Ownership of the Former Fire Alarm & Telegraph Building to Spencer Savings Bank and to Execute a Ground Lease with Spencer Savings Bank for a Parcel of Land Surrounding the Building.

Transmitting Informational Communication Relative to the Transition of Food Pantry Services Currently Provided by the Henry Lee Willis Community Center. Refer to CCM Item 9.29B

Transmitting Informational Communication Relative to the Fiscal Year 2013 Pavement Markings Program.

Transmitting Informational Communication Relative to a Status Report on the Accelerated School Building Repair Program and Nelson Place School Upgrade Project. Refer to CCM Item 9.31A

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of November 2012.

Recommend Approval of an Ordinance to Convert Harding Street from Winter Street North to Temple Street to a Two-Way Traffic Pattern.

Transmitting Informational Communication Relative to a Sanitary Sewer Inspection by the U.S. Environmental Protection Agency Scheduled for January 22-24, 2013.

Transmitting Informational Communication on Future Water and Sewer Infrastructure Needs Over the Next 5 Years.

Transmitting Informational Communication Relative to 2012 City-wide Crime Statistics.

Recommend Adoption of a Resolution to File and Accept a Fiscal Year 2013 Public Safety Answering Point (PSAP) and Regional Emergency Communication Support and Incentive Grant

Recommend Adoption of an Ordinance Amendment to the City's Recently Enacted Animal Control Ordinance to Bring into Conformance with State Law and the Americans with Disabilities Act Relative to a Fee Waiver for Service Animals.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Opiate Cases and Heroin Use in the City of Worcester.

Recommend City Council Accept with Gratitude Gifts Totaling Four Hundred and Thirty Dollars and No Cents ($430.00) from the Friends of the Worcester Public Library for the Purchase of Gifts for the Library Staff Recognition Event.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Account #91C7110A, Citywide Building Rehabilitation, and be appropriated to Account #50C704JA, School Building Rehabilitation, to fund upgrades at various schools.

Recommend that Thirty Five Thousand Dollars And No Cents ($35,000.00) be transferred from Loan Account #91C7441A, Off Street Garages, and be appropriated to DPW Account #46C707, Parking Garages - Improvements, to allow for payment of current and anticipated obligations per the cash flow procedure.

Recommend that Eighty Thousand Dollars And No Cents ($80,000.00) be transferred from Loan Account #91C7413K, North Lake Ave Linear Park, and be appropriated to DPW Account #41C764, North Lake Ave Linear Park, to allow for the payments associated with this project per the cash flow procedure.

Recommend that Thirty Five Thousand Seven Hundred Sixty Two Dollars And Eighteen Cents ($35,762.18) be transferred from Account #91C7803A, Capital Equipment, and appropriated, when and as received, to Account #26C701, Fire Department Capital Equipment, to cover the cost of replacing the engine in Engine 3.

Recommend that Twenty Six Thousand Five Hundred Dollars And No Cents ($26,500.00) be transferred from Account #91C711, Citywide Building Rehabilitation, to Account #26C704, Fire Department Capital Rehabilitation, to cover the cost of emergency maintenance at multiple fire stations.

Recommend that Seventeen Thousand Seven Hundred Two Dollars And One Cent ($17,702.01) be transferred from Loan Account #91C7801A, Citywide Capital Equipment, and be appropriated, when and as received, to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of this much needed computer software.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Loan Account #91C7132A, 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 Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Loan Account #91C7452A, Sewer Reconstruction, and 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 Ninety Thousand Dollars And No Cents ($190,000.00) be transferred from Loan Account # 91C7111E, Citywide Building Rehabilitation, and Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Loan Account # 91C7110A, Citywide Building Rehabilitation, and the total of Two Hundred Ten Thousand Dollars and No Cents ($210,000.00) be appropriated to DPW Account # 41C704, Building Rehabilitation, to allow for the payment of current and anticipated obligations.

Recommend that Three Hundred Sixteen Thousand Six Hundred Ten Dollars And No Cents ($316,610.00) be transferred from Loan Account #91C734, Sewer Capital Equipment, and be appropriated, when and as received, to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of these (2) street sweepers.

Recommend that Ninety Five Thousand Dollars And No Cents ($95,000.00) be transferred from Loan Account #91C7842A, Parks Coes Reservoir, and be appropriated to Parks Account #72C70229, Coes Knife, to allow for payments of current and anticipated obligations.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C7242A, Traffic Signal Equipment, and be appropriated to DPW Account #40C704, Traffic Signals to allow for the purchase and payment of anticipated new equipment per the cash flow procedure.

Recommend that Thirty Five Thousand Dollars And No Cents ($35,000.00) be transferred from Account #270-91000, Communications Personal Services, to Account #270-97000 Communications Overtime, for current and projected overtime expenses.

Recommend that Fifteen Thousand Six Hundred Thirty Nine Dollars And Seventy Cents ($15,639.70) be transferred from Account #14S41938, Henry Lee Willis Center, and be appropriated to various Year 38 CDBG accounts, to provide funding for food pantry services through the remainder of Fiscal Year 2013. Refer to CCM Item 9.4B

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Account #900-92000, City Manager's Contingency, to the following accounts: Twenty Five Thousand Dollars and No Cents ($25,000.00) to Account #720-92000 Parks Ordinary Maintenance and Fifteen Thousand Dollars and No Cents ($15,000.00) Account #500-92000 Worcester Public Schools Ordinary Maintenance for various resources to support youth athletics citywide.

Recommend that Five Hundred Twenty Two Dollars And No Cents ($522.00) be Authorized from Account #410501-92000, DPW Central Garage Ordinary Maintenance, to allow prior year obligations to be met with Fiscal Year 2013 Funds.

Recommend the Adoption of a Loan Order in the amount of Three Million Six Hundred Fifty Five Thousand Dollars And No Cents ($3,655,000.00) be appropriated to Account #91F7113F, Building Rehabilitation, Worcester Public Schools, to fund building repairs to the following schools; Chandler Magnet School, Dr. James A. Caradonio New Citizens Center, Jacob Hiatt Magnet School, Lake View School and May Street School. Refer to CCM Item 9.6B

Transmitting Informational Communication Relative to Activity and Usage at the Worcester Common Oval.

Transmitting Informational Communication Relative to Column-Breaking Ceremony at the DCU Center.

Transmitting Addendum to the Crown Hill Local Historic District Report submitted to City Council on December 18, 2012.

Recommend that the Loan Order in the amount of Four Hundred Thousand Dollars And No Cents ($400,000.00), approved by this Council on October 30, 2012, for the purchase of equipment to be appropriated to Account #91C7163A, Union Station Capital Equipment, be rescinded.

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)

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 Konstantina B. Lukes - Request City Manager report whether medical marijuana dispensing sites can be restricted by local zoning ordinances or state regulatory means to established pharmacies. (Tabled - Lukes January 8, 2013 and January 15, 2013)

COMMUNICATION of Michael V. O’Brien, City Manager, transmitting informational communication relative to the Henry Lee Willis Community Center.

Motion Toomey @ #9.6B CM – Request City Manager send a letter to the Superintendent of the Worcester Public Schools requesting a list of crosswalks at public schools that need upgrading.

Motion Toomey @ #9.7C CM - Request City Manager look into whether or not an entity, familiar with older urban infrastructure, can participate in the city’s sanitary sewer inspection to work with the EPA in an advisory capacity.

Motion Lukes @ #9.11A CM – Request City Manager report to City Council the two communities who are negotiating to participate with the city in a Regional Emergency Communication Center. Mayor Petty moved to amend: Further, request City Manager provide a report regarding an overview of the Emergency Communication Department of updates that have taken place at the facility, technology and of personnel.

Motion Lukes @ #9.29C CM – Request City Manager report as to whether or not funds for supporting youth athletics are defined as net school spending eligible and further, provide a copy of the agreement with School Administration, developed during Superintendent Caradonio’s tenure, relative to how net school spending is calculated.

Motion Rivera @ #9.32A CM – Request City Manager publicize the Worcester Common Oval at Colleges and Universities.

Motion Rushton – Suspension of Rules – Request City Manager request Massport to consider free parking for a couple of months at Worcester Regional Airport if an airline like Jet Blue begins operation.