CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 30, 2012

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 8:40 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 October 16, 2012.

Hearing: NSTAR for a conduit location: NEWTON AVE. NORTH Granting permission to NSTAR for a conduit location: NEWTON AVE. NORTH

Hearing: NSTAR for conduit location: NORTH ASHLAND ST. Granting permission to NSTAR for conduit location: NORTH ASHLAND ST.

Hearing: NSTAR for conduit location: DORCHESTER ST. Granting permission to NSTAR for conduit location: DORCHESTER ST.

Hearing: LIGHTOWER FIBER NETWORKS for conduit locations: CAMBRIDGE AND SOUTH CAMBRIDGE STS. Granting permission to LIGHTOWER FIBER NETWORKS for conduit locations: CAMBRIDGE AND SOUTH CAMBRIDGE STS.

COMMUNICATION of City Manager transmitting for City Council's review and information a copy of the Housing Market Study, as prepared by RKG Consultants, the Analysis of Impediments to Affordable Housing, as prepared by 12 Community Development Consulting, Inc. and a recommended Housing Strategy, as prepared by the Executive Office of Economic Development. (Tabled Under Privilege - O'Brien October 23, 2012)

Mayor Petty recognized the following persons who spoke: 1. Jacqueline Norton, Worcester resident 2. Arthur Morradian, Worcester resident 3. Barbara Haller, Worcester resident 4. Casey Sard, Worcester resident 5. William Breault, Worcester resident 6. Russell Haimes, Wayland resident 7. Clara Savage, Worcester resident 8. Stuart Loosemore, Leicester resident 9. Mary Keefe, Worcester resident 10. David Perez, Worcester resident 11. Jose Nivar, Worcester resident 12. Arnaldo Almonte, Worcester resident 13. Dante Camparetto, Worcester resident 14. Linda McGill, Worcester resident 15. Richard Fields, Worcester resident 16. Jo Hart, Worcester resident 17. Donald Cummings, Leicester resident 18. Terry Kelly, Worcester resident

Jo Hart request the permitting for Loudspeaker Use be transferred from the Worcester Police Department to the License Commission so that abutters and affected neighbors may be heard at a hearing on each occasion.

Councilor George J. Russell request Midgley Lane be repaved.

Councilor George J. Russell request Blithewood Ave. be repaved.

Councilor George J. Russell on behalf of John Simakauskas request Gambier Ave. be repaved.

Jon Juhl, Partner of Stutman-Juhl Realty, LLC, request installation of an adequate number of trash receptacles with continuous maintenance of them for the basketball court that abuts 122 Piedmont St.

Attorney Stephen Madaus on behalf of Worcester Polytechnic Institute request to prohibit parking along the eastern side of Boynton St. from Salisbury St. to Institute Rd.

Richard Fields et al request installation of "No Parking" zones in Putnam Lane on both sides from Shrewsbury St. to Nebraska St.

Gina Cariglia request installation of "One Hour Parking" in front of 373 Shrewsbury St. as well as Draper St. side of 373 Shrewsbury St.

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.

NATIONAL GRID for pole location in: MORELAND ST.

Transmitting Informational Communication Relative to the Appointment of Douglas Hannam to the Citizens Advisory Council.

Recommend Adoption of a Resolution to File and Accept a Brownfields Revolving Loan Fund Grant from the U.S. Environmental Protection Agency's Brownfields Program.

Recommend Adoption of a Resolution to File and Accept a Brownfields District Redevelopment Planning Grant from MassDevelopment.

Recommend Adoption to File and Accept an Assessment Grant from the U.S. Environmental Protection Agency's Brownfields Program.

Transmitting Informational Communication Relative to CSX Expansion and Neighborhood Improvement Fund.

Transmitting Informational Communication Relative to a Recent Editorial Published in the Wall Street Journal about the U.S. Environmental Protection Agency.

Transmitting Informational Communication Relative to the List of Candidate Petitioned Streets for a Future Residential Resurfacing Program.

Transmitting Informational Communication Relative to Sidewalk Rehabilitation Program for Fiscal Year 2013 and Fiscal Year 2014.

Recommend City Council Accept with Gratitude a Grant from the Central Region Homeland Security Advisory Council to the Worcester Fire Department.

Recommend City Council Accept with Gratitude a Donation to the Worcester Fire Prevention Division’s Public Education and Risk Reduction Program.

Recommend Adoption of a Resolution to File and Accept a Fiscal Year 2013 Senator Charles E. Shannon, Jr. Community Safety Initiative Grant.

Transmitting Communication Relative to Two Petitions Alleging Open Meeting Law Violations.

Recommend City Council Accept with Gratitude a Donation in the Amount of Five Hundred Dollars and No Cents ($500.00) for Victoria Trachtenburg Trust Fund.

Transmitting Informational Communication Relative to Revenues and Expenditures for First Quarter of Fiscal Year 2013 through to September 30.

Recommend that Thirty Five Thousand Dollars And No Cents ($35,000.00) be Transferred from Loan Account #91C7842E, Parks - Mulcahy Field, and be Appropriated to Parks Account #72C70227, Mulcahy Field, to allow for current and anticipated commitments.

Recommend that Nine Thousand Eight Hundred Seventy Four Dollars And No Cents ($9,874.00) be Transferred from Loan Account #91C7803A, Capital Equipment, and be Appropriated to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of this much needed equipment.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be Transferred from Loan Account #91C7411J, Street Construction, and to 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 One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be Transferred from Loan Account #91C7412A, Street Construction, and be appropriated to Account #41C797, Sidewalks, to allow for the payment of current and future obligations.

Recommend that One Hundred Thirty Five Thousand Dollars And No Cents ($135,000.00) be transferred from Loan Account # 91C7410B, Traffic Improvements, and be Appropriated to DPW Account # 41C794, Salisbury Street Improvements, to allow for the payment of a portion of the anticipated obligations associated with this capital project.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account # 91C7131A, Water Filtration, and Appropriated to DPW Account # 45C768, Water Filtration Plant, to allow for the payment of anticipated obligations associated with the Water Filtration Plant.

Recommend that Three Hundred Seven Thousand Six Dollars And No Cents ($307,006.00) be Transferred from Loan Account #91C7803A, Capital Equipment, and be Appropriated to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of this much needed equipment.

Recommend that One Thousand Dollars And No Cents ($1,000.00) be transferred from Account #330-91000, Public Health Personal Services, and be appropriated to Account #330-97000, Public Health Overtime, to fund overtime expenses related to various health clinics in Fiscal Year 2013.

Recommend that Twenty Thousand Nine Hundred Thirty One Dollars And No Cents ($20,931.00) be transferred from Account #04T803, OPEB Trust Reserve, and be appropriated to Account #663-96000, Health Insurance, to provide funding for Fiscal Year 2013 first quarter health insurance expenses for Airport retirees.

Recommend Adoption of Ordinances Relative to Pedestrian Safety in the Public Right of Way and the Prohibition of Aggressive Panhandling.

David J. Rushford, City Clerk, transmitting informational communication from the Massachusetts Department of Transportation State Traffic Engineer Neil Boudreau relative to the Heavy Commercial Vehicle Exclusion Permit concerning Mulberry St. issued October 19, 2012.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Stephen Madaus on behalf of Worcester Polytechnic Institute request to alter the public street layout of Park Ave. to include all of the sidewalk areas along the eastern sideline of Park Ave. for construction of driveway to service a new parking garage and athletic field complex.

REPORT OF THE PLANNING BOARD Upon the Petition of Linda Terra De La Nuez request to make public Ferraro St.

REPORT OF THE PLANNING BOARD Upon the Petition of Binh Phan request to make public the portion of Beaver Brook Parkway from Maywood St. to Thayer St.

That the sum of Four Hundred Thousand Dollars And No Cents ($400,000.00) be appropriated to Account #91C7163A, Union Station Capital Equipment, to fund the purchase of equipment for Union Station.

Amending the Salary Ordinance of August 20, 1996 - Occupational Group NA - (Fire Department Data Analyst )

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)

PETITION of Ivan Machicote request a freeze to the residential construction project at a lot located at the intersection of Sophia Dr. & Lilac Lane to prevent a continuance of violations that are against the interest of neighboring property owners. (Tabled - Russell August 14, 2012)

COMMUNICATION of the City Manager transmitting informational communication relative to the First Circuit Court's Decision of the Upper Blackstone District's Appeal of the EPA's 2008 NPDES Permit. (Tabled - Lukes August 14, 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 Michael J. Germain - Request City Manager recommend to City Council an ordinance similar to the “Unruly Gathering Ordinance” in effect in Narragansett, Rhode Island in light of the fact that recent enforcement actions relied upon to control gatherings have not resulted in a permanent solution to the problems negatively affecting quality of life in our neighborhoods in close proximity to colleges. (Tabled Under Privilege - Germain September 4, 2012) (Tabled - Germain September 11, 2012)

COMMUNICATION of the City Manager transmitting informational communication relative to the Worcester Regional Research Bureau. (Tabled - Russell September 18, 2012)

ORDER of Councilor Sarai Rivera - Request City Manager request the Police Chief to reinstate foot patrols in the Main Street corridor between Chandler and Hammond Streets. (Tabled - Petty October 23, 2012)

Motion Eddy @ #10.32A CM - Request City Manager report as to how many youth leagues are currently using Worcester park facilities and how many of the youth leagues apply for tag day permits each year and further, request the parks department request the youth leagues to supply their leagues budget and report what percentage of their budget comes from annual tag days. Councilor Rushton moved to amend: Further, request the report include all the groups who have requested tag day perrmits so they may also supply what they gain in revenues from tag days. Councilor Lukes moved to amend: Further, request City Solicitor report as to how inclusion of a separate category of tag sales would impact on the constitutionality of controlling panhandling Councilor Russell moved to amend: Further, request report include whether it is legal to separate non-profit groups from panhandlers.

COMMUNICATION of Michael V. O'Brien, City Manager, transmitting informational communication in response to City Council's request to have the Executive Office of Economic Development and the Community Developments Advisory Committee hold an additional two (2) Community Needs Assessment meetings in an effort to gather more information to help frame the recommended Community Development Block Grant funding allocation process.

Motion O’Brien @ #15l CC – Request City Manager provide City Council with an analysis as to whether it would be better to fund the Community Impact Division instead of funding overtime for police patrols.

Motion O’Brien @ #15l CC - Request City Manager report to City Council as to what will happen to the building at 701 Main St. once the triage center is moved and further, consider a plan to return the building back to the community so that it will have a positive impact to the neighborhood.

Motion Toomey @ #15l CC - Request City Manager report the additional costs to cover policing in the vicinity of 701 Main St. because of the delay in moving the Triage Center.

Motion Toomey @ #15l CC - Request City Manager provide a report outlining the cuts in local aid from 1988 to present and include police grants that have been lost.

Motion Economou @ #15l CC - Request City Manager request SMOC cover the cost of foot patrols in the Main St. Corridor until their facility at 701 Main St. has moved.

Motion Palmieri @ #15l CC – Request City Manager provide a report regarding arrests in Main St., Chandler St. and Pleasant St. Corridors for the last six months to determine if any additional public safety resources are necessary and should be allocated for these areas.

Motion Petty – Suspension of Rules – Request City Manager provide a detailed report as to why the same neighborhoods have outages repeatedly.

Motion Rushton – Suspension of Rules – Request City Manager work with public/private stakeholders to partner and fund the resurfacing of the Newton Square tennis court.

PETITION – Councilor Tony Economou on behalf of residents Beatrice Dr. and Parsons Hill Dr. request 40 MPH advisory signage and pedestrian crossing signage in the appropriate areas of Goddard Memorial Dr.

PETITION – Councilor Tony Economou on behalf of Donald Lundstrom request eliminating the use of the “jake brake” in the Grove St. area.