CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 25, 2011

Esther Howland Chamber

Convened: 7:09 P.M.

Adjourned: 9:21 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 October 11, 2011.

Mayor O'Brien introduced a contingent of 21 elected and administrative people from the People's Republic of China. This delegation is participating in a program at Worcester State University and they presented the Mayor with a gift of Chinese artwork.

Mayor O'Brien read a Proclamation declaring October 25, 2011 as East Side Trail Day. Mayor O'Brien and City Manager O'Brien thanked Gene Tivnan, a Worcester resident, for his efforts developing this trail. Mayor O'Brien presented him with a key to the City.

Mayor O'Brien read a Proclamation declaring October 23rd to October 29th, 2011 as Lead Poisoning Prevention Week and presented the proclamation to Koby Owusu Ansah of the Regional Environmental Council. Also present was Austin Reed, a student from South High Community School and a member of Toxic Soil Busters, said a few words regarding his experiences working with the Lead Action Collaborative.

Ryan Winslow request Pine Hill Rd. be made public.

Ryan Winslow request Pocasset St. be made public.

Boris Aronson request private portion of Buckley Rd. be made public.

Marta Nowak request sidewalk repair in vicinity of 22 Elnora Dr.

Jeff Oliver request sidewalk repair in front of 37 Burncoat Terrace.

James Biliouris request sidewalk repair in front of 47 Brantwood Rd.

Robert Anusbigian, DMD request the existing partking meters in the Mechanic St., Norwich St. and Commercial St. area be changed to 2 hour parking meters.

Kevin Doherty request handicapped parking spaces be removed in front of 17 Whipple St. and at the corner of Reeves and Whipple St.

Michael Maldonado request installation of a "Children Go Slow" sign on Greenhill Ave.

Eddie Rodrigues, Branch Manager of Bell/Simons Companies, request installation of two "No Blocking Driveway Entrance" signs at both entrances of the business on the Washburn St. side.

Mufeed Faraj request to install resident permit parking in front of 137 Eastern Ave.

NATIONAL GRID for pole location: MILLBURY STREET

Willaim T. Breault, Chair, Main South Alliance for Public Safety request City Council request the City Manager to bring together the Worcester Police Department, the Attorney General's Office, State Police and the District Attorney to enforce rules, regulations and statutes prohibiting illegal gambling operations at internet cafes, from conducting business from locations within the City of Worcester.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of September 2011.

Transmitting Informational Communication Relative to Acquisition of Properties on Brightwood and Allston Avenues.
Refer to CCM Item 8.28H

Recommend Approval to Solicit a Request for Proposals for a Six (6) Year Contract to Provide Food and Beverage Services at Green Hill Golf Course.

Transmitting Informational Communication Relative to the 2011 Fall Leaf Collection Program

Transmitting Informational Communication Relative to Status Report #2 for the CSX Project.

SUPPLEMENTAL: Recommend Adoption of a Resolution to File and Accept a Drinking Water Supply Protection Grant from the Commonwealth's Executive Office of Energy and Environmental Affairs.

Transmitting Informational Communication Relative to an Update on the Status of the Asian Longhorned Beetle Program, Reforestation, Stump Removal, Tree Surveys and the Dodge Park Restoration.

Recommend Adoption of a Resolution to File and Accept a FY12 Senator Charles E. Shannon, Jr. Community Safety Initiative Grant from the Massachusetts Executive Office of Public Safety and Security (MEOPSS).

Transmitting Informational Communication Relative to the Division of Public Health's "Prescription Drug Take-Back Day" to be Held on Saturday, October 29, 2011.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Roll Your Own Tobacco Machines.

Recommend City Council Accept with Gratitude a Donation in the Amount of Two Thousand Six Hundred Fifty Dollars ($2,650.00) from the Worcester Public Library Foundation to the Worcester Public Library.

Transmitting Informational Communication Relative to the 2011 Veterans' Day Events.

Transmitting Informational Communication Relative to the Fiscal Year 2012 1st Quarter Budget Report of Revenues and Expenditures.

Recommend that Five Hundred Fifteen Thousand Dollars And No Cents ($515,000.00) be transferred from Loan Account #91C7392A, Sewer Drainage, and be appropriated to DPW Account #44C761, Surface Drainage, to allow for the payment of current and future obligations.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C7452H, Sewer Construction, and be appropriated to DPW Account #44C764, Sewer Pumping. This will allow for the payment of current and anticipated obligations for the Sewer Pumping Station Capital Program per the cash flow procedure.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C7411D, Private Street Conversion, and be appropriated to DPW Account #41C768, Private Street Conversion to provide funds for the payment of current and future expenditures per the cash flow procedure.

Recommend that Twelve Thousand One Hundred Forty Seven Dollars And Twelve Cents ($12,147.12) be transferred from Account #91C7110C, Urban Renewal, and appropriated to Account#91C711, Citywide Building Rehabilitation, to reimburse account for funds used to pay for costs associated with the North Main Economic Development Strategy Area.

Recommend that One Million Three Hundred Thirty Two Thousand Five Hundred Dollars And No Cents ($1,332,500.00) be transferred from Account #91C7111A, Building Rehabilitation City/School, and appropriated to the accounts identified to reimburse funds used to pay for costs associated with the Energy Services Contract.

Recommend that One Hundred Seventy Two Thousand Five Hundred Dollars And No Cents ($172,500.00) be transferred from Account #91C7022A , Land Acquisition Trinity Ave, and be appropriated to Account #91C702, Land Acquisition, to reimburse account for funds used to pay Parks Land Acquisition for the open space land located at the Notre Dame property on Trinity Avenue.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Account #41C450, MSBA, North High School, and be appropriated to Furnishings & Equipment Account #41C451, North High School. This transfer would be to pay obligations for the furnishings and equipment for the new North High School.

Recommend that Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Account #91C7391A, Surface Drainage, and be appropriated to Account #44C761, Surface Drainage, to acquire four parcels of land in the Brightwood/Allston Ave. areas.
Refer to CCM Item 8.7B

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Account #14SSED34, Year 34 Economic Development Salaries, and be appropriated to Account #14S45934, Southeast Asian Coalition, to provide funds for the operation of the Youth Services and English as a Second Language programs.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Reserve Revenue Account #330-54, Reserve for Appropriation Greenwood Street Landfill, and be appropriated to DPW Account #41S607, Greenwood Street Landfill (City), to allow for these pending and future engineering invoices to be paid.

Recommend that Sixty Seven Thousand Thirty Five Dollars And No Cents ($67,035.00) be transferred from Account #330-54, Greenwood Street Landfill, and be appropriated to DPW Account #41C602, Greenwood Street Landfill (Neighborhood), to fund contractual obligations for the remaining costs associated with the new Quinsigamond School playground, school equipment, and landscaping at Wray Square.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) in revenues declared surplus by the City Assessor for Fiscal Year 2006 overlay surplus account be transferred and appropriated to Account #670-92000, Assessing Ordinary Maintenance, to provide funds for various field reviews.

Recommend that One Thousand Fifty One Dollars And Eleven Cents ($1,051.11) be authorized from the Fiscal Year 2012 Police Department Ordinary Maintenance Account #250-92000, to provide funds for the payment of a prior year invoice.

Transmitting Informational Communication Relative to the Downtown Public Safety Alliance/ Neighborhood Watch Group.

#12a CC July 19, 2011
Communication of the City Auditor transmitting the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended December 31, 2010 for the Worcester Retirement System.

#9a CC June 14, 2011
Communication of the City Auditor transmitting Auditor's Report for May 2011.

#13a CC September 6, 2011
Communication of the City Auditor transmitting Auditor's Report for July 2011.

#9a CC Octobber 11, 2011
Communication of the City Auditor transmitting Auditor's Report for August 2011.

#8a CC October 18, 2011
Communication of the City Auditor transmitting Auditor's Report for September 2011.

James A. DelSignore, City Auditor transmitting the certification letter from the Department of Revenue relative to Notification of Free Cash Approval for general fund expenditure in fiscal 2012 and the city's enterprise funds.

Amending Chapter 12 Section 23 of the Revised Ordinances of 2008 relative to sidewalk snow removal.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of the following addresses: #13, #17, #33, #72 and #82 Haven Lane. Amending Section 42 of Chapter of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 3 Haven Lane. Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 33 Haven Lane. Amending Section42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap parking in front of 51 Haven Lane. Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Revise the Handicap Parking Space in front of 79 Haven Lane.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 83 Haven Lane.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 23 Fruit St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 48 Dorchester St.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 61 Dorchester St.

Amending Section 43 of Chapter 13 of the Revised Ordinances of 2008 to Rescind the Winter Ban on Both Sides of Regent St. Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Revise the Winter Ban on Regent St. Prohibiting Parking on the Even Numbered Side when Declared from 2:00 AM to 6:00AM December 1st to April 1st. Amending Section 43 of Chapter 13 of the Revised Ordinances of 2008 to Revise the Winter Ban on Regent St. Prohibiting Parking on the Odd Numbered Side Permanently from 2:00AM to 6:00AM December 1st to April 1st.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Provide for Resident Permit Parking in front of 43/45 North Ashland St.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Provide for Resident Permit Parking on the Odd Numbered Side of Fruit St. from Pleasant St. to Cottage St.

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 Providing for Stop Sign at the intersection of Sherwood Rd. and South Flagg St. facing westbound traffic on Sherwood Rd.

Amending Section 68 of Chapter 13 of the Revised Ordinances of 2008 to Make Harlem St. open to two way traffic from South Ward St. to Millbury St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Prohibit Parking on both sides of Harlem St. from South Ward St. to Millbury St.

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)

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)

ORDER of Mayor Joseph C. O'Brien - Request City Manager report to City Council concerning the legal authority that college police officers have in patrolling non campus areas of the city and in questioning non-students as part of off campus patrols. (Tabled - O'Brien September 6, 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)

Motion Clancy @ #7m CC - Request City Manager contact the Attorney General's Office and inquire as to what are they doing regarding the April 2011 complaint filed by the Main South Alliance for Public Safety.

Motion Lukes @ #8.7B CM - Request City Manager provide City Council with a map of the Brightwood St./Allston Ave. neighborhood showing the properties being acquired and those properties that are considered buildable lots.

Motion Lukes @ #8.7C CM - Request City Manager report what expenses are charged to the golf course and what expenses are attributed to the park.

Motion Rushton @ #8.7C CM - Request City Manager, when reporting the expenses at Green Hill Park, include in the report the costs to maintain each park in the city and what monies that are independent to tax payer dollars are being contributed to each park.

Motion Haller @ #8.7D CM - Request City Manager forward calendar item #8.7D to all the neighborhood associations.

Motion Lukes @ #8.7E CM - Request City Manager update City Council regarding the progress with selecting an engineering firm to start the design of the Plantation St. bridge.

Motion Clancy @ #8.7E CM - Request City Manager, when taking into account the alteration of Coral St., consider eliminating the island and softening of the curve in Grafton St. at Waverly St.. Further request a report as to how the alterations of Coral St. island would effect emergency vehicles response times to this area.

Councilor Petty moved to amend: Further, request the public safety portion of this report as soon as possible so it can assist in addressing the concerns of the community.

Motion Petty @ #8.8A CM - Request City Manager report to City Council the areas where trees will be surveyed for ALB infestation in the winter of 2011-2012.

Motion Smith @ #8.8A CM - Request City Manager report to City Council where and the timeframe for tree replanting efforts that will take place in 2011 and 2012.

Motion Smith @ #8.8A CM - Request City Manager report the future of the ALB chemical treatment program including the location and timeframe for such efforts.

Motion Lukes @ #8.8A CM - Request City Manager report to City Council where gas lines need replacing and the feasibility of using the Public Shade Trust process to obtain compensation for tree replacement.

Motion Smith @ #8.8A CM - Request City Manager request the USDA provide City Council with a report concerning the ALB traps installed throughout the city.

Motion Palmieri @ #8.8A CM - Request City Manager consider organizing and hosting an ALB summit early next year.

Motion Haller @ #7.17A CM - Request City Manager forward the communication regarding "Prescription Drug Take-Back Day” to all the neighborhood associations and further, request this also be posted to the city's web site.

Motion Rushton, Petty and Germain @ #7.28D CM - Request City Manager request the Superintendent of Public Schools report to City Council why several schools have not had functioning shower facilities for years, what are they going to do to make sure the health of the students are protected and if there is a plan in place for student athletes to shower subsequent to practice and games.

Motion Lukes @ #7.29D CM - Request City Manager report to City Council with the status of the overlay surplus account balances, including what is in the account and potential liabilities, for the past several years.

PETITION - Councilor William J. Eddy request tree trimming at the stop sign at the corner of Greenview Lane and Moreland Green Drive.

PETITION - Councilor William J. Eddy Motion Eddy on behalf of the Moreland Green Drive Neighborhood Association request repair of pot holes at 54 & 59 Moreland Green Drive.

PETITION - Councilor William J. Eddy request tree trimming at the stop and yield signs in the intersection Seconset St., Beaconsfield Rd. and Paradox Dr.

PETITION - Councilor William J. Eddy on behalf of Allan Jellson request curb and berm repair at 34 Paradox Dr.

PETITION - Councilor William J. Eddy on behalf of Dennis Scheffler request repair of street light in Prouty Lane that was damaged by an automobile.

PETITION - Councilor William J. Eddy on behalf of Edward Hanley request sidewalk repair at 4 Rich St.

Motion Eddy - Suspension of Rules - Request City Manager request National Grid provide City Council with an update of the ongoing work at the Tory Fort Lane substation including time frame of the repairs.

Motion O'Brien - Suspension of Rules - Request Police Chief provide traffic enforcement in lower Mower St.

Motion O'Brien - Suspension of Rules - Request City Manager communicate with WRTA regarding buses speeding in lower Mower St.

PETITION - Councilor Joffrey A. Smith request sidewalk repair in front of 97 Barry Road.