CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 5, 2013

Esther Howland Chamber

Convened: 7:00 P.M.

Recessed to Executive Session: 8:20 P.M Recessed from Executive Session to Reconvene to Open Session to Adjourn: 10:01 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 12, 2013.

Hearing - LIGHTOWER FIBER NETWORKS for a conduit location in: COUNTRY CLUB BLVD. Granting permission to LIGHTOWER FIBER NETWORKS for a conduit location in: COUNTRY CLUB BLVD.

Mayor Petty recognized the following persons whom spoke: 1. Grace Ross, Worcester Resident 2. Jo Hart, Worcester Resident 3. Mildred Collins, Worcester Resident 4. Jacqueline Norton, Worcester Resident

During New Business Under Suspension of Rules, Mayor Petty requested City Manager O'Brien to provide City Council with an update regarding Jet Blue coming to Worcester Airport.

Sharon Deraney request Bergin Lane be made public.

Attorney Donald J. O'Neil, on behalf of Goldstar Builders Inc. request to amend Zoning Map by changing the zoning classification of two parcels of land at 169 Grand & 179 Grand St. from MG-2.0 to BL.-1.0 by extending the BL-1.0 zone on the opposite side of Grand St. northerly to encompass both parcels.

Attorney Robert E. Longden on behalf of Intransit Container Inc. request to remove Beck St. from the Official Map.

Attorney Robert E. Longden on behalf of Intransit Container Inc. request to remove Lundberg St. from the Official Map.

Mike Delude request sidewalk repair for corner at Shrewsbury and Plum Sts.

Mike Delude request installation of a "No Parking Here to Corner" sign for both sides of the corner at Shrewsbury and Plum Sts.

Ismael Matos request parking space be designated for passenger pickup & drop off on Tuesdays, Thursdays & Fridays 7:00 AM - 9:00 PM and on Sundays 10:00 AM - 3:00 PM in front of Nueva Jerusalem Church at 188 Beacon St.

Alexander Santiago request installation of handicap parking space in front of 7 View St.

Transmitting Management Letter that was done in conjunction with the city's audit of the fiscal year ended June 30, 2012 by the City's auditors Sullivan, Rogers & Collins, LLC.

Transmitting the Report on Internal Control over Financial Reporting, Compliance and Federal Award Programs for the fiscal year ended June 30, 2012 that was prepared by the City's Auditors Sullivan, Rogers & Company, LLC.

Transmitting a copy of correspondence received from NSTAR Electric & Gas notifying the City of Worcester of their intent to selectively apply herbicides along power lines and natural gas rights-of-ways that pass through Worcester.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request Superintendent of Worcester Public Schools plan to incorporate sufficient off-street parking into any future plans for public school construction; whether that be new construction, renovation, extensive rehabilitation or expansion.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Commissioner of Public Works and Parks recommend to City Council a re-design of the existing bump-out in front of the Quinsigamond Elementary School and any additional safety enhancements for pedestrian access to the front of the building taking into consideration the substantial effects of solar glare.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief to install speeding surveillance in Quinapoxet Lane.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief to provide City Council with the results of the crosswalk sting installed in front of 1050/1060 Main Street Worcester Housing Authority towers.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request Commissioner of Public Works & Parks provide a presentation of the updated plans for the improvements to Elm Park at a meeting of the Standing Committee on Youth, Parks and Recreation

Request City Council and the City Manager pursuant to powers granted under Section 7-2 of the Worcester's Home Rule Charter eliminate the preliminary election scheduled for September 17, 2013. (Lukes)

Request City Manager submit a report on the salaries of all Worcester employees. (Lukes)

Request City Council commence the process of the selection of a new City Auditor. (Lukes)

Request City Manager consider developing an annual budget a format that complies with the concept of the Distinguished Budget Presentation Format. (Lukes)

Request City Manager request the Police Chief provide City Council with a report concerning pedestrian-related motor vehicle accidents over the period of the last three years to include the following: the number of reported motor vehicle accidents, the number of motor vehicle accidents involving pedestrians, the location of each incident, the time of day of each incident, the day of the week of each incident, the weather conditions reported at the time of each incident, whether or not the pedestrian was inside of a crosswalk or not, the street lighting conditions at the time of the incident, the age of each motor vehicle operator involved in each incident, the age of each pedestrian involved in each incident, and any other pertinent variables that would contribute to learning how we might lower the incidence of pedestrian-related accidents including driver usage of personal communication devices while driving at the time of an incident. (Toomey)

Request City Manager request the City Solicitor to provide City Council with an update concerning the request for an amendment to the Ordinances concerning foreclosure mediation dating to October, 2012. (Rivera, Petty)

Request recess to Executive Session for the purpose of discussing pending litigations. (Petty)

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager recommending approval of installation of public sewer on Toronita Ave. between Barry Rd. and Pelican Ave.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Stephen O'Neil, Administrator of Worcester Regional Transit Authority request bus stops at locations to accommodate a new WRTA Bus Route #8 being added to the service: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor George J. Russell and Councilor Sarai Rivera request the crosswalk in College Street between Caro Street and the main gate of Holy Cross College be repainted: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera request the installation of crosswalk stings in the crosswalks in front of 1050/1060 Main St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Kristin Palko request "Children" signs be installed on Quinapoxet Lane: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera on behalf of Exar Aguilar request a Dead End St. sign be place in Princeton St. near Southbridge St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey request installation of a "No Parking" zone from 7am to 4pm, school days only, on the west side of Holland Rd: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Joseph C. O'Brien on behalf of Bill Sullivan request install "No Parking" on the west or odd numbered side of Holland Rd. from Main St. to Catalpa St. during the hours of 7am-4pm.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri request installation of “School Zone - Slow Down” signs in Lincoln Street in the vicinity of Lincoln Street Elementary School: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri and Mayor Joseph M. Petty request installation of "School Zone" signs in Lincoln St., both directions, in the vicinity of Lincoln Street Elementary School: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Loi Giang request installation of handicap parking space in front of 35 Benedict Rd: recommend Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jameson Danko request to install a "No Right on Red" sign on Grove St. at the traffic lights at 421 Grove St: recommend Petition be denied.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Petition of Scott Ricker request the City Council to require the City Manager to adopt a policy that requires existing and/or new playgrounds on city property and in city parks comply with the minimum standards of 521 CMR, and, where it is readily achievable, to the existing and new construction of new playgrounds adhere to federal access laws for individuals with disabilities: recommend adoption of the accompanying Order requesting City Manager report to City Council as to how the City of Worcester is attempting to comply with minimum standards of 521 CMR in playground renovations and/or new construction.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to Neighborhood Aquatic Facilities at Holmes Field and East Park Funded by CSX Corporation's Neighborhood Improvement Fund: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to the 2012 Wheels to Water Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to Public Hearings for the Open Space and Recreation Plan: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to the City's Youth Council: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to Activity and Usage at the Worcester Common Oval: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Petition of Jo Hart request City of Worcester show the new PowerPoint plan of the improvements to Elm Park at a public hearing, televised at City Hall, preceding the next City Council meeting: Recommend Petition be placed on file.

ORDER of Councilor Joseph C. O'Brien and Councilor Frederick C. Rushton - Request Board of Election Commissioners and City Clerk implement six days of Early Voting on the second floor of City Hall October 30, 2013 through November 4, 2013 to encourage Worcester voters to participate in the upcoming municipal election. (Tabled - Lukes February 12, 2013 & Tabled O'Brien February 26, 2013)

RESOLUTION of Councilor Frederick C. Rushton and Councilor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in favor of the initiative to enhance participation in elections being put forth by President Obama that will require all states to provide online voter registration and at least 15 days of early voting. (Tabled - Lukes February 12, 2013 & Tabled O'Brien February 26, 2013)

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 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)

ORDER of Councilor Joseph C. O'Brien - Request City Auditor work with the Superintendent of Worcester Public Schools to conduct a review of School Transportation expenses/contracts and make a formal presentation to the Education Joint Committee composed of the City Council Education Committee and the School's Finance and Operations Committee. (Tabled - O'Brien February 12, 2013)

ORDER of Councilor Joseph C. O'Brien - Request City Auditor review the appropriateness of the following: administrative fees charged to the Worcester Public Schools by the city for city personnel and services; administrative fees charged for grants management; and Medicare fees received by the City for services done by School Department personnel. This report should also include how these fees compare to other gateway cities. (Tabled - O'Brien February 12, 2013)

ORDER of Councilor Joseph C. O'Brien - Request City Auditor work with the Superintendent of the Worcester Public Schools to review School Department administrative expenses and provide a report to the City Council as to how these fees compare on a percentage of budget basis with other gateway cities. (Tabled - O'Brien February 12, 2013)

Motion Rushton @ #9a & 9b CC - Request City Manager update City Council, by the submission of the FY14 Budget, concerning the status of pre-litigation/negotiations with the Hilton Gardens Inn relative to issues of the off-street parking and plans for a Sky Bridge.

Motion Lukes @ #9a & 9b CC - Request City Manager provide a report that reconciles the differences between the administrations parking report submitted to City Council in February and the City Auditor's report item #9a.

Motion Lukes @ #9a & 9b CC - Request City Auditor provide to City Council, for it's July meeting, internal audits for all city departments.

Motion Russell @ #9a & 9b CC - Request City Manager report whether the deal with Hilton Garden Inn for off-street parking was contingent upon construction of a sky bridge.

Motion Petty @ #10a CC - Request City Manager notify property owners affected by NStar Electric & Gas's plans for spraying herbicides along their power lines.

Motion Eddy @ #12c CC - Request City Manager contact the 139 Certified Public Accountants who reside in the city of Worcester to notify them of the upcoming vacancy for City Auditor.

Motion Lukes @ #12c CC - Request City Manager provide City Council with the names of the groups of municipal employees who are exempt from the residency ordinance and the reasons for the exemption.

Motion Eddy @ #16a & 16b CC - Request City Manager request the City Solicitor to provide a legal ruling for agenda items 16a & 16b and what would be the proper steps for moving forward with a Pilot Program for Early Voting.

Motion Eddy @ #16a & 16b CC - Request City Manager request the Chair of the Board of Election Commissioners to clarify their vote taken on March 4, 2013 concerning a motion made by Commissioner Goggins relative to Early Voting and further, report how each commissioner voted.

Motion Toomey - Suspension of Rules - Request City Manager provide an update relative the "No Left Turn" sign into Grafton St. for trucks exiting the CSX property.

PETITION - Councilor Kathleen M. Toomey request a "No Dumping" sign be installed in Asylum St.

PETITION - Councilor Tony Economou request Pasadena Parkway be resurfaced.

Motion O'Brien - Suspension of Rules - Request City Manager report, for next weeks City Council meeting, how much has been spent and what is the process for hiring outside legal counsel.

Motion Rivera - Suspension of Rules - Request the Commissioner of Public Works & Parks replace the "No Parking from here to Corner" signs at the corner of Sigel and Bigelow Sts.

Motion Rivera - Suspension of Rules - Request City Manager consider prioritizing the clearing of snow from crosswalks especially in those areas where residents are predominately elderly or have special needs and at schools in the interest of public safety.

Motion Palmieri - Suspension of Rules - Request City Manager consider utilizing Reverse 911 to notify the general public of the Mass DOT 's upcoming meeting on March 12, 2013 at 8am in the Jaquith Building at UMass Memorial Hospital regarding construction plans taking place in Belmont Street.

PETITION - Councilor Frederick C. Rushton request Waban Avenue be made public.

Motion Petty - Suspension of Rules - Request City Manager have the two vertical flag poles attached to the portico on the front of City Hall be repainted.

Motion Petty - Suspension of Rules - Request City Manager provide City Council with a presentation of the FY2014 Budget for the next City Council meeting.

Motion Petty and Palmieri - Suspension of Rules - Request City Manager provide a report regarding Charter Communications plans for converting analog to digital service.