CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 10, 2011

Esther Howland Chamber

Convened: 8:01 P.M.

Adjourned: 9:42 P.M.

Mayor
Joseph C. O'Brien

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 26, 2011.

Mayor O'Brien read a Proclamation declaring May 14, 2011 as NATIONAL ASSOCIATION OF LETTER CARRIERS FOOD DRIVE DAY. The Mayor presented the Proclamation to Norman LaFlash from the USPS Union.

Jo Hart request City Council remove public transportation from the Public Service & Transportation Committee and create a new committee that focuses only on public transportation.

William Breault, Main South Alliance for Public Safety, request legislation be filed with the Great and General Court to enable the City of Worcester to adopt an ordinance which will allow for the impoundment and seizure of motor vehicles in conjunction with the arrest of persons for solicitation of a prostitute.

Transmitting Informational Communication Relative to the Appointment of Krystal Joy Gagnon as Constable.

Transmitting Informational Communication Relative to the Appointment of Seth Pitts to the Trust Funds Commission.

Transmitting Informational Communication Relative to the Appointment of Harry Danso to the Human Rights Commission.

Transmitting Informational Communication Relative to the Appointment of Chris Robarge to the Citizens Advisory Council.

Transmitting Informational Communication Relative to Partnership with Worcester Business Development Corporation to Generate Private Investment in the Federal Square/ Theatre District Area.

Recommend Adoption of Attached Resolutions to Designate Parcel L-3 in the CitySquare Development Project a Certified Project and Site Specific Economic Opportunity Area.

SUPPLEMENTAL: Recommend Adoption of the Attached Resolutions for Funding Recommendations for Year 37 for Annual U.S. Department of Housing and Urban Development (HUD) Entitlement Grants (CDBG, HOME, ESG, and HOPWA ).

Recommend Adoption of a Resolution to File and Accept a 2011 YouthWorks Summer Jobs Grant.

Transmitting Informational Communication Relative to Charter Communications 2010 Annual Financial Report.

Transmitting Informational Communication Relative to Stray Electrical Voltage.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Traffic Mitigation Plans to Address the Closure of Putnam Lane.

SUPPLEMENTAL: Transmitting Informational Communication Relative to NGrid's 115KV Worcester Cable Project.

Transmitting Informational Communication Relative to Public Hearing #2 for the University Park Master Plan.

Transmitting Informational Communication Relative to the 7th Annual Worcester Police Department Youth Summit.

Recommend Adoption of Resolutions to File and Accept Three US Department of Justice Grants: 2011 COPS Hiring Program, Community-Based Violence Prevention Demonstration Program, and Paul Coverdell Forensic Science Improvement.

Recommend Adoption of an Ordinance Amendment to the Order Relative to Feeding Waterfowl to Include Seagulls.

Recommend Adoption of a Resolution to Accept with Gratitude Donations from the Friends of Worcester's Senior Center, Inc.

Transmitting Informational Communication Relative to the Definitions of Property Tax Exemptions and their Budgetary Implications.

Recommend that One Hundred Ten Thousand Dollars And No Cents ($110,000.00) be transferred from Account #91C780, Capital Equipment, and appropriated to Account #72C701, Parks Capital Equipment, when and as received, to fund costs associated with the replacement of ballfield bleachers at multiple park locations.

Recommend that Four Thousand Eight Hundred Ninety Eight Dollars And No Cents ($4,898.00) be transferred from Loan Account #91C7800A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment of a photo copier.

Recommend that this most recent authorized apportionment from the State (MA #51051-FY2012) in the amount of Four Million One Hundred Eighteen Thousand Nine Hundred Seventy One Dollars And No Cents ($4,118,971.00) be appropriated to DPW Account #41C440, Street Resurfacing, as requested by reimbursements to provide funding for current and future Chapter 90 obligations.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7130B, Water Mains Accountability (Leak Detection), and be appropriated to DPW Account #45C720, Water Mains to allow for the payment of current and future obligations associated with Water Mains Accountability (Leak Detection).

Recommend that Two Thousand Dollars And No Cents ($2,000.00) be transferred from Account #340-91000, Elder Affairs Personal Services, and be appropriated to Account #340-92000, Elder Affairs Ordinary Maintenance, to cover unanticipated Fiscal Year 2011 repair costs for the air-conditioning system at the Worcester Senior Center.

Recommend that Twelve Thousand Dollars And No Cents ($12,000.00) be transferred from various accounts and be appropriated to Account #150-91000, Elections Personal Services, to fund the increase in poll workers hourly rates for Fiscal Year 2011.

Recommend that Thirty Thousand Dollars And No Cents ($30,000.00) be transferred from various accounts and be appropriated to Account #660-92000, Treasury Ordinary Maintenance, to provide funding for mailing and postage expenses through the remainder of Fiscal Year 2011.

Recommend that One Thousand Five Hundred Dollars And No Cents ($1,500.00) be transferred from Account #550-91000, Library Personal Services, and be appropriated to Account #550-97000, Library Overtime, to provide funding for the remainder of Fiscal Year 2011.

Recommend that One Hundred Ninety Two Dollars And Thirty Two Cents ($192.32) be transferred from Account #662-94000, Debt Interest, and be appropriated to Account #100-92000, City Clerk Ordinary Maintenance, to provide funds for ordinary maintenance expenses through the remainder of Fiscal Year 2011.

Thomas P. O'Neill, Senior Counsel of National Grid, transmitting informational communication relative to the Condensed Financial Return for the year ended December 31, 2010 to the Massachusetts Department of Public Utilities for Massachusetts Electric Company d/b/a National Grid.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Robert Longden, on behalf of Beacon Herman, LLC request to amend Article XV, Section 3A of the Worcester Zoning Ordinance by adding a subsection regarding single family attached dwellings and renumbering the subsections.

REPORT OF THE PLANNING BOARD Upon the Petition of Jane Katherine Logan request to add a sewer to Natural History Dr. to replace existing private septic systems.

REPORT OF THE PLANNING BOARD Upon the Petition of Ken Carson & Paul Howley of That's Entertainment request to change the name of the private road called "Marmon Place" to " Lois Lane"

Amending Section 3 of Chapter 8 of the Revised Ordinances of 2008 further regulating the sale and advertising of tobacco products.

ORDER of Councilor Konstantina B. Lukes - That the ban on the sale of tobacco products be implemented three months from the date of the final Council vote in order for those businesses and entities affected to be able to sell off their current tobacco inventories so as to resolve the negative economic impact of having had to prepay the state sales tax when purchasing those tobacco products and being unable to recoup their costs prior to the tobacco ordinances effective date which would be the date of the Council vote. (Tabled - O'Brien April 26, 2011 & May 3, 2011)

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Robert Longden, on behalf of CSX Transportation, Inc. request to remove Barbara Lane from the Official City Map. (Tabled - Palmieri April 26, 2011 & May 3, 2011)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager request authorization to accept a deed of easement for street purposes from CSX Transportation, Inc., in and over a certain parcel of land extending northerly from Grafton St., as shown on Exhibit C and layout and decree the parcel a public way: recommend adoption of the accompanying two (2) Orders to accept deed of easement for street purposes from CSX Transportation, Inc. over a parcel of land extending northerly from Grafton St.; and authorize CSX at its sole expense to design and construct a new way extending northerly from Grafton St. and direct the City Solicitor under the direction of the City Manager to prepare the necessary decree to lay out said new street. (Tabled - Palmieri April 26, 2011 & May 3, 2011)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager requesting to accept a deed of easement for street purposes from CSX Transportation Inc, or its nominee over a parcel of land at the terminus of Foch Ave, and layout and decree the parcel public, as part of the Foch Ave. public street layout: recommend adoption of the accompanying Two (2)Orders to accept deed of easement for street purposes from CSX Transportation, Inc. over a parcel of land at the terminus of Foch Ave.; and authorize CSX at its sole expense to design and construct Foch Ave. from Franklin St. to CSX's property and direct the City Solicitor under the direction of the City Manager to prepare the necessary decree to lay out Foch Ave. as extended. (Tabled - Palmieri April 26, 2011 & May 3, 2011)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager recommending City Council Approval for Certain Actions (Petitions E, G and H) Relative to CSX Corporation: recommend passage of the accompanying proposed Ordinance to make one way a portion of Coral St. and recommend approval of Petitions E and G. (see item #12c and 12d) (Tabled - Palmieri April 26, 2011 & May 3, 2011)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager requesting to layout and decree public the existing Foch Ave: recommend approval of Report and Communication (see item #12d). (Tabled - Palmieri April 26, 2011 & May 3, 2011)

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri and State Representative Vincent Pedone request to install a trailer truck ban in Mulberry St. between Shrewsbury St. and East Central St.: recommend the passage of the accompanying proposed Ordinance. (Tabled - Petty June 8, 2010)

PETITION of NATIONAL GRID for conduit location on: HARLEM ST. and WARD ST. (Tabled - Haller March 22, 2011)

ORDER Granting permission to NEW ENGLAND POWER d/b/a NATIONAL GRID for conduit locations at: CORAL ST, WAVERLY ST, GRAFTON ST, FRANKLIN ST, NORFOLK ST, VILLA NOVA ST, FRANKLIN ST, PLANTATION ST. AND NORTHBORO ST. (Tabled - Palmieri April 26, 2011)

Communication of the City Manager transmitting informational communication relative to a Report on the City Council's Authority to Increase Elder Exemption Limits on Annual Income and Asset Limits. (Tabled Under Privilege - O'Brien April 26, 2011 & Tabled - Lukes May 3, 2011)

Motion Lukes @ #8.4B CM - Request City Manager provide City Council with a report concerning the timetable of when state permits will be become available for construction of the cancer unit.

Motion O'Brien @ #8.4B - Request City Manager provide City Council with the following: 1) a list of approved TIF projects for the last couple of years; 2) the amount funded for each TIF project and differentiate the size of the projects and the generosity of the TIF so the proposed TIF with St Vincent Hospital can be benchmarked against other TIF agreements; 3) what are the city, state, and federal commitments to the DIF zone and what has been expended, what is expected to be expended and what public resources have gone into the City Square project.

Motion Petty @ #8.4B Request City Manger provide City Council with a cost analysis that demonstrates how providing TIFs for projects can help make Worcester more competitive with surrounding communities.

Motion Toomey @ #8.4B - Request City Manager provide City Council with a list of spinoff businesses that might be attracted to Worcester because of the development of a new cancer center.

Motion O'Brien @ #8.14C CM & #13e CC - Request City Manager request the Commissioner of Public Works & Parks report to City Council which streets within the National Grid's 115KV Worcester Cable Project where work can begin without causing a significant impact to the neighborhood and traffic. Further, request City Manager contact National Grid and request them to provide a construction schedule.

Motion Lukes @ #8.14A CM - Request City Manger report to City Council concerning what NStar is required and mandated in regards to inspecting their infrastructure.

Motion O'Brien @ #8.5A - Request City Manager provide City Council with a list of projects funded with HOME allocations and any commitments for the next three years.

Motion O'Brien - Suspension of Rules - That the City Council of the City of Worcester hereby schedules the next two City Council meetings for 6:00 P.M. on May 17, 2011 and May 24, 2011 and will immediately convene into Finance Committee to conduct FY 2012 budget hearings. At the conclusion of the subcommittee meeting, City Council will reconvene to it's regular meeting.

Motion Toomey - Suspension of Rules - Request the Mayor's Youth At Risk Committee convene to review the Governor's Proposal which came out yesterday regarding the Massachusetts Safe and Successful Youth Initiative, a plan to stem Youth Violence by proposing new gun laws and an intervention strategy focused on males between 14 and 24, a group at high risk for gun violence and gang activity. Working with the City Manager, Worcester Police Department, Worcester Public Schools Safety Liaison, Worcester Youth Opportunity Office, Worcester Department of Public Works, the District Attorney's office, the Courts, and other youth agencies which are part of the Committee; request said committee consider applying for competitive grants out of the $10 million grant.

PETITION - Councilor Kathleen M. Toomey on behalf of the Worcester Public Schools Safety Liaison, and Lincoln St. School request the Commissioner of Public Works to apply to the Mass Department of Transportation for the establishment of a School Safety Zone at Lincoln Street Elementary School, 549 Lincoln Street, Worcester, MA and to apply appropriate signage.

Councilor Clancy presented the following on behalf of the entire City Council - RESOLUTION - That the City Council of the City of Worcester hereby goes on record in support of keeping name of “North High” for the newly constructed high school.

Motion Haller - Suspension of Rules - Request City Manager inform City Council of the status relative to efforts to change the DCR's decision for not continuing with the three year injection treatment of host tree.

Motion Rushton - Suspension of Rules - Request City Manager make certain the parking meters in Chatham St. that were approved by City Council at the recommendation of the Traffic & Parking Committee be removed.