CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 14, 2013

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 9:26 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 April 23, 2013.

Hearing: LIGHTOWER FIBER NETWORKS for conduit location in: SALISBURY ST. Granting permission to LIGHTOWER FIBER NETWORKS for conduit location in: SALISBURY ST.

Mayor Petty read a Proclamation declaring the Month of May 2013 as Community Action Month. He presented the proclamation to Executive Director of the Worcester Community Action Council, Inc. Jill Dagilis.

Mayor Petty recognized the following speakers: 1. David Schaefer, Worcester resident 2. Nicole Apostola, Worcester resident 3. Rhonda Hicks, Worcester resident 4. Leonard Zalauskas, Worcester resident 5. Colin Novick, Worcester resident 6. Kevin Ksen, Worcester resident 7. Ed Moynihan, Worcester resident 8. Steve Quist, Worcester resident

Mayor Petty announced that the City Manager’s evaluation is being rescheduled to take place on June 18, 2013 at the conclusion of the City Council agenda due to the special senate election of June 25, 2013.

Harold Evans request trees be planted in front of 24 Windsor St.

Diana & Timothy Dillon request zone change for 631 Sunderland Rd. from RS-7 to BL-1.

Denise Whipple request city to resolve the flooding issue in front of 14 Nanita St.

Erwin Leviton request sidewalk repair in front of 112 June St.

Harold Evans request sidewalk repair in front of 24 Windsor St.

Paul Keister request sidewalk repair on the north side of Cedar St., between Linden St. and West St. and just before the intersection with West St.

Norma Jose request installation of one handicap parking space in front of 18 Tainter St.

Benjamin Tekpeh request to extend existing resident permit parking on Elizabeth St. to include #19.

Francis Rushford request to rescind resident permit parking for Beverly Rd.

Vanessa Ramirez, et al request "No Parking" sign in front of 35 Windham St. be removed.

NSTAR for a gas main location: GREENBUSH ROAD

Chris Robarge filing Open Meeting Law Complaint Form.

Request City Manager request the Commissioner of the Department of Public Works and Parks create and implement a policy for street sweeping operations that provides public 36 hour advance signage visible from all affected parking spaces. (Russell, Palmieri)

Request City Manager arrange with the appropriate departments to conduct a targeted enforcement in the Green Island neighborhood as soon as possible. (Rivera)

Request City Manager report on what measures can be taken to protect swimmers at Bell Pond including but not limited to draining a portion of the pond, adding fill to the pond, increased signage and oversight. (Lukes)

Request City Manager submit a report outlining a proposed time table for a Host Agreement for the proposed slot parlor to meet the Gaming Commission's deadline of October 4, 2013 assuming that the ballot question for the slots parlor will be held on September 17, 2013 which is the date of the preliminary election. (Lukes)

Request City Manager discuss a re-use plan for the former Brown Square Fire Station with the Box 4 Canteen Committee. (Toomey, Economou)

STREET BETTERMENT ASSESSMENTS: CHICOPEE STREET

STREET BETTERMENT ASSESSMENTS: DIXFIELD STREET

STREET BETTERMENT ASSESSMENTS: EAMES ROAD

STREET BETTERMENT ASSESSMENTS: ONSET STREET

STREET BETTERMENT ASSESSMENTS: PENOBSCOT STREET

STREET BETTERMENT ASSESSMENT: TYSON ROAD

Michael V. O'Brien, City Manager, transmitting a report relative to five petitions alleging violations of the Open Meeting Law.

COMMUNICATION of the City Manager transmitting informational communication relative to a report of the potential crime impact that a Slots Parlor could generate and suggest efforts to consider in advance to mitigate those impacts, per the Request of City Council. (Tabled - O'Brien May 7, 2013)

COMMUNICATION of the City Manager transmitting informational communication relative to an update of the Slots Parlor Proposal. (Tabled - O'Brien May 7, 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)

COMMUNICATION of the City Manager transmitting informational communication relative to a request for an amendment to the Ordinances Concerning Foreclosure Mediation dating to October, 2012. (Tabled - Rivera April 2, 2013)

ORDER of Mayor Joseph M. Petty request recess to Executive Session for the purpose of discussing pending litigations. (Tabled - Petty April 2, 2013)

COMMUNICATION of the City Manager transmitting informational communication relative to a Report on City Employee Demographics. (Tabled - Rivera March 12, 2013)

Motion Rivera @ #11a & 11b CC – Request the Joint Committee on Economic Development and Public Safety have its next meeting at the city’s Meade St. facility.

COMMUNICATION of Michael V. O'Brien, City Manager, recommending adoption of the Fiscal Year 2014 Budget Recommendation as presented in the Line Item Budget.

Motion Rushton @ #13b CC - Request the Mayor report whether or not the School Administration has sent a letter requesting an advisory opinion concerning whether or not OPEB can be justified as net school spending.

Motion Toomey @ #13b CC - Request City Manager report what were the factors that increased state aid for schools since 1986.

Motion Economou @ #13b CC - Request City Manager consider applying a percentage of free cash and new growth revenues in future years towards funding OPEB.

Motion Eddy @ #13b CC - Request City Manager have all the department heads present for the FY2014 Budget hearings to make a presentation and answer questions.

Motion Toomey – Suspension of Rules – Request City Manager request Traffic Engineer address the signage in Holland Rd. relative to resident permit parking so that the signage is in line with the recently passed ordinances.

PETITION – Councilor Tony Economou on behalf of Ryan Armenta request sidewalk repair in front of 5 Apollo Rd.

PETITION – Councilor Tony Economou on behalf of Dr. Andrew Wheelock request sidewalk repair on the King Philip Rd. side of 268 Burncoat St.

PETITION – Councilor William J. Eddy on behalf of residents of Zenith Dr. request repair or replacement of concrete sidewalks for the entire length of Zenith Dr. where needed.

PETITION – Councilor William J. Eddy on behalf of Alice Carreau request sidewalk repair in front of 3 Wyola Dr.

PETITION – Councilor William J. Eddy on behalf of Robin Stone request sidewalk repair in front of 132 South Flagg St.

PETITION – Councilor William J. Eddy on behalf of residents of Chicopee St. request the street name signs at both ends of Chicopee St. include the house numbers that are accessible at that entrance.

PETITION – Councilor William J. Eddy on behalf of Kathleen Johnson request “Do Not Block Driveway” signs be installed for 542 Mill St.

Motion Palmieri and Rivera – Suspension of Rules – Request City Manager report the best re-use and use of the property of 701 Main St. and further, request the City Manager request the owner consider installing an alarm system while the property is not in use.

PETITION – Councilor Sarai Rivera on behalf of Ismael Matos request installation of handicap parking space in front of 188 Beacon St.

Motion Rivera – Suspension of Rules – Request City Manager request the Police Chief conduct crosswalk stings in front of 1050-1060 Main St.

Motion Rivera – Suspension of Rules – Request City Manager provide City Council with an update concerning the clean-up of the pond in Crystal Park.

Motion Rivera – Suspension of Rules – Request City Manager have the appropriate staff inspect and address the significant cracks where poles have been recently installed for the fence at the basketball court in Crystal Park.

Motion Palmieri – Suspension of Rules – Request City Manager provide City Council with an update concerning the cyclone fence at Northampton St. Park and repairs at Holland Rink.

Motion Economou – Suspension of Rules – Request City Manager request the Commissioner of Public Works reset the granite survey markers obtruding from the sidewalks in Cheyenne Rd., Mohave Rd., Shawnee Rd., Navajo Rd., Arapaho Rd. and Cherokee Rd.