CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 26, 2012

Esther Howland Chamber

Convened: 7:00 P.M.

Recessed into Executive Session: 8:14 P.M. Reconvened into Open Session from Executive Session to Adjourn: 8:48 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 June 12, 2012.

Hearing - NATIONAL GRID for a conduit location on: CANTERBURY ST. Granting permission to NATIONAL GRID for a conduit location on: CANTERBURY ST.

Mayor Petty read a Proclamation declaring June 30, 2012 as REC Community Farmers Market Day and presented the proclamation to Casey Burns, Food Justice Program Director, and Anthony Gardner, Farmers Market Coordinator.

Carolyn Leary request additional trees be planted in Davidson Rd.

Marie Simone request street light be installed at the end of East Park Terrace

Guri Golloshi request sidewalk repair in front of 17 Rosewood Dr.

Paulette Tatro request sidewalk in front of 36 Chippewa Rd. be replaced.

Jacqueline Gregoire request sidewalk repair in Main St. near the Marble Street Apartments.

Jacqueline Gregoire request sidewalk repair in Belmont St. in vicinity of Memorial Hospital.

Martin Sigel request repair of sidewalk and apron in Institute Rd. side of 14-16 Dean St.

Karen Manson, Director of Student Affairs Colleges of Worcester Consortium request to install bus stop signs for the Colleges of Worcester Consortium CityRide buses at five (5) WRTA bus stops.

Betty DiTomasso request installation of a handicap parking space in front of 95 Gage St.

NATIONAL GRID for a conduit location on: WELLS STREET

CHARTER COMMUNICATIONS for conduit location on: FRANKLIN STREET

Transmitting Informational Communication Relative to the Economic Development Report for Small Business Recruitment and Retention Efforts.

Transmitting Informational Communication Relative to the Summer of 2012 "Out to Lunch" Concert Series.

Transmitting Informational Communication Relative to the Quarterly Economic Development Report.

Recommend Adoption of an Order to Accept Easements for the Construction of the Blackstone Village Bike Path.

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

SUPPLEMENTAL: Transmitting Informational Communication Relative to Pompano Road Sanitary Sewer Overflow.

Informational Communication Relative to Worcester being Named a Tree City USA for the Twenty-Sixth Consecutive Year and a Recipient of the Growth Award for the Thirteenth Consecutive Year.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation from the Worcester County Senior Athletic Association for the Upkeep of Beaver Brook Park.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Two Thousand Dollars and No Cents ($2,000.00) for the Purchase and Installation of a Memorial Bench at University Park in Honor of Juan "nunski" Shippee.

Recommend Adoption of a Resolution to File and Accept a Fiscal Year 2013 Grant from the Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs, Division of Conservation Services for the Parkland Acquisitions and Renovations for Communities Grant Program for Renovations to Elm Park.

Recommend Adoption of a Resolution to File and Accept a Fiscal Year 2013 Grant from the Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs, Division of Conservation Services for the Parkland Acquisitions and Renovations for Communities Grant Program for Renovations to Greenhill Park.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Three Hundred Seventy Five Dollars and No Cents ($375.00) for Green Hill Municipal Golf Course for the Purchase and Installation of a Memorial Bench in Memory of Daniel Rossetti.

Recommend Adoption of a Resolution to File and Accept a U.S. Department of Homeland Security Assistance to Firefighters Grant for Operational and Safety Activities, Vehicle Acquisition and/or Regional projects for the City of Worcester Fire Department.

Recommend Adoption of a Resolution to File and Accept a U.S. Department of Justice, Office of Justice Programs, Bulletproof Vest Partnership (BVP) Grant for the Purchase of 150 Bulletproof Vests for the Worcester Police Department.

Request City Council's Approval to Adjourn to Executive Session for Discussion on Pending Litigation.

Transmitting Informational Communication Relative to the Community Health Improvement Plan (CHIP) for the City of Worcester.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Massachusetts Department of Public Health Regulation Changes to the Disposal of Sharps.

Recommend Adoption of a Resolution to Accept with Gratitude a Gift of One Thousand Dollars and No Cents ($1,000.00) from UMass Memorial Healthcare for the Purchase of Books for the Library Express.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Eleven Thousand Dollars and No Cents ($11,000.00) from the Worcester Public Schools by the Worcester Family Parnership for the Purchase and Distribution of Family Literacy Materials on the Library Express.

Recommend Adoption of a Resolution to Accept with Gratitude a Gift of One Thousand Dollars and No Cents ($1,000.00) from Fallon Community Health Plan to Support the Summer Reading Program at the Worcester Public Library.

Recommend Adoption of a Resolution to Accept with Gratitude a Gift of One Thousand Dollars and No Cents ($1,000.00) from the Worcester Education Collaborative to Support the Summer Reading Program at the Worcester Public Library.

Transmitting Informational Communication Relative to the Fiscal Year 2012 Abatement Process.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C7372B, Water Meters, and be appropriated to DPW Account #45C794, Water Meters to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Account #91C7452F, Sewer Construction, and be appropriated to Account #44C771, Infiltration to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C7412B, Street Construction, and appropriated to DPW Account #41C741, Street Resurfacing to allow for the payment of current and future obligations.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C7412F, Street Construction, and be appropriated to DPW Account #41C792, Grafton Street Improvements to allow for the payment of anticipated obligations.

Recommend that One Million Two Hundred Thousand Dollars And No Cents ($1,200,000.00) be transferred from Water Main Loan Account #91C7132B, and be appropriated to DPW Account #45C720, Water Mains to allow for the payment of current and future obligations.

Recommend that Thirty Thousand Dollars And No Cents ($30,000.00) be transferred from Loan Account #91C744, Off-Street Parking Rehabilitation, to DPW Account #46C703, Parking Lot Rehabilitation to allow for payment of current and anticipated obligations.

Recommend that One Million Two Hundred Fifty Thousand Dollars And No Cents ($1,250,000.00) be transferred from Loan Account #91C7411J, Street Construction and One Million Two Hundred Fifty Thousand Dollars And No Cents ($1,250,000.00) be transferred from Loan Account #91C7411K, Street Construction, and that the total of $2,500,000.00 be appropriated to DPW Account #41C799, Street Construction to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred as follows: $300,000.00 from Loan Account #91C732, Water Building Rehabilitation, and $100,000.00 be transferred from Loan Account #91C7320A, Water Building Rehabilitation, and the total of $400,000.00 be appropriated to Water Account #45C704, Water Building Rehabilitation to provide funding for pending invoices and anticipated obligations for the rehabilitation of the DPW building per the cash flow procedure.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C7412M, Guardrails, and appropriated to DPW Account #41C798, Guardrails to allow for the payment of current and future obligations associated with the repairs of guardrails throughout the city.

Recommend that Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Loan Account #91C7450D, Sewer Construction, and be appropriated to DPW Account #44C724, Belmont Street/Lake Ave Sewer Project, to allow for the payment of anticipated obligations associated with this capital project.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account # 91C711 , Citywide Building Rehabilitation, and appropriated to Account #55C702, Public Library Rehabilitation, to pay for contractual obligations related to the repairs to the library stairs.

Recommend approval and certify the acceptance of the Commonwealth's Sewer Relief Fund for the sole purpose of a sewer rate reduction being credited during billing cycles in FY2013.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Account #330-54, Greenwood Street Landfill, and be appropriated to DPW Account #41C602, Quinsigamond Village Neighborhood Projects, to fund various contractual obligations that will be made during the improvement work that is planned for Greenwood Park.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred as follows so as to provide sufficient funding for the Major Taylor Blvd Garage through the remaining period of Fiscal Year 2012. This transfer will allow for funding of all commitments in this fiscal year.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account #55S621, PILOT Donation, and be Appropriated to Various Accounts, to Provide Funding for Summer Youth Corps Program.

Recommend that Two Thousand Five Hundred Two Dollars And Thirty Nine Cents ($2,502.39) be transferred from Account #330-07, Reserve For Appropriation Damage Settlement, and appropriated to Account #50S519, Worcester Public School Damage Claim Settlement.

Recommend that Seven Million Four Hundred Thirty Seven Thousand Five Hundred Eighty Eight Dollars And No Cents ($7,437,588.00) in residual loan order balances authorized by the Worcester City Council be rescinded.

Transmitting Informational Communication Relative to the South High Community School Marching Band and the National Independence Day Parade.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to Worcester's FY13 Budget: Post-Recession Observations.

James A. DelSignore, City Auditor, transmitting the Comprehensive Annual Financial Report (CAFR) for the Worcester Retirement System (WRS) for the fiscal year ended December 31, 2011.

James A. DelSignore, City Auditor, transmitting the Actuarial Valuation and Review as of January 1, 2012 for the Worcester Retirement System.

Amend Salary Ordinance of August 20, 1996 Occupational EM - Executive Management Amend Salary Ordinance of August 20, 1996 Occupational Group K - Library (Youth, Reference & Branch Services Coordinators) Amend Salary Ordinance of August 20, 1996 - Occupational Group S - Custodial (Plant Engineer Fire Dept) Amend Salary Ordinance of August 20, 1996 Occupational Group X - Human Services, Law Enforcement & Public Health (Chief of Epidemiology & Health Protection & Regional Public Health Specialist) Amend Salary Ordinance of August 20, 1996 Occupational Group A - Administrative & Supervisory (various classsifications)

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)

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)

COMMUNICATION of the City Manager transmitting Informational Communication Relative to Finance for Housing Developments within the City of Worcester. (Tabled - O'Brien February 28, 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 Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account # 121-92000, Law Court Judgments, and be appropriated to Account #120-92000, Law Ordinary Maintenance, to provide funding for the remainder of Fiscal Year 2012. (Tabled Lukes - May 8, 2012)

COMMUNICATION of the City Manager transmitting communication relative to the Appointment of Steven Rothschild to the Worcester Redevelopment Authority. (Tabled - O'Brien June 5, 2012)

Motion Lukes @ #11b & 11c CC - Request City Manager request the City Solicitor review the legislation that prevents contracts from being granted indemnification by a Retirement Board and recommend changes that are in the best interest of the Worcester Retirement Board and its members.

RESOLUTION @ #11b & 11c CC - That the City Council of the City of Worcester does hereby request the Worcester delegation to the Great and General Court request that Chapter 176 of the Acts of 2011, now incorporated into Chapter 32, section 32B subsection (k)(1)(b) of the Massachusetts General Laws be amended by striking the line: “stating that the contractor shall not be indemnified by the retirement board” (Lukes)

Motion O’Brien @ #11b & 11c CC - Request City Auditor provide City Council with a report showing the number of retirees who receive pensions of less then the $10,000, the number who receive pensions between $10,000 and $20,000, the number of those who receive pensions between $20,000 and $50,000 and the number of those who receive pensions in excess of $50,000 from the City of Worcester.

Motion Rushton @ #10.17B CM - Request City Manager report to City Council the number of injuries resulted from the collection and disposal of sharps from the yellow box containers.

Motion Palmieri - Suspension of Rules - Request City Manager work with the Chamber of Commerce, restaurants and colleges to develop a trolley type bus for transporting people between the various businesses and events throughout the city.

Motion Palmieri - Suspension of Rules - Request City Manager recommend to City Council plans to expand the operating hours for the Worcester Public Library to include Mondays.

Motion Rushton - Suspension of Rules - Request the Mayor prepare a recognition for Friends of Newton Hill at the July 17th City Council meeting that recognizes all the hard work they have done at Newton Hill.

Motion Rushton - Suspension of Rules - Request the Mayor prepare a recognition of Doug Hannam for a September City Council meeting that recognizes his service as the Little League District 4 Administrator for over forty years.

Motion Petty, Rushton, Lukes, Palmieri, Economou, Toomey, Eddy, Germain, O’Brien - Suspension of Rules - Request City Manager develop a comprehensive plan to address the significant public safety issues from standouts and panhandling on medians, exit ramps, intersections, and within public rights of way and present this to City Council for further action at the July 17th City Council meeting. Motion Toomey to amend: and, further request the plan to include an educational component to aid people in dealing with panhandlers and protect their personal safety.

Motion Germain - Suspension of Rules - Request City Manager request City Solicitor report as to what is the role of the City Council when it comes to Resolutions.

PETITION - Councilor Tony Economou on behalf of John Sullivan request Stop Sign be installed at the corner of Mount Ave. and Eames St.

PETITION - Councilor Tony Economou on behalf of John Sullivan request installation of a “Trucks Exclusion” sign on Mount Ave.

PETITION - Councilor Tony Economou on behalf of Kathy Rouleau request installation of a “4-Way” Stop Sign at the intersection of Summerhill Ave. and Leeds St.

PETITION - Councilor Tony Economou on behalf of James Richmond, Plant Manager for Eaton Corporation, request a “Caution: Trucks Entering” sign be installed and positioned on Gold Star Blvd. prior to driveway entrance exit under the I-290 ramp.

PETITION - Councilor Tony Economou on behalf of James Richmond, Plant Manager for Eaton Corporation, request sidewalk in front of 160 Gold Star Blvd. be completed to the entrance driveway on Home Depot at 130 Gold Star Blvd.

PETITION - Councilor Tony Economou on behalf of Michael Covino request the three (3) Passenger Zones from 6pm to 2am on Commercial St. and One Exchange Place be amended to Passenger Zones from 4pm to 2am.