CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 5, 2013

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:52 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 January 22, 2013.

Mayor Petty recognized the following persons who spoke:
1. Naomi, no last name give, no residence given
2. Olga Cortez, Worcester resident
3. Chris Horton, Worcester resident

Kimber Donham request Kalmar St. from #8 to #52 be resurfaced.

Jeryandia Marrero request installation of resident permit parking in front of 21 Strathmore Rd.

William Breault request a traffic study be conducted of the Beacon St. Corridor between Benefit St. and Ripley St. due to a high number of accidents and recommend improvements in the interest of public safety

Ramona Casanova request installation of handicap parking in front of 2 Lakeside Ave #1.

NATIONAL GRID for conduit location: ALMONT AVE.

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a joint pole location in: ANGELO ST.

Jo Hart request an immediate and enforced solution to the danger of bicycles on sidewalks in Worcester. Further, request City Council establish an immediate ad hoc committee to discuss and take public testimony about registering all bicycles in the city and requiring valid identification for all users regardless of age, substantial fees for license plates required for all bicycles in the city, special sidewalk patrol with ability to fine the user of any bicycle traveling on any downtown or commercial sidewalk and to confiscate that bicycle after a second offense, regardless of user.

Jo Hart request City Council undertake a complete study of bike lanes in other cities (Boston, New York..) and establish bike lanes in downtown Worcester and on other commercial streets, in order to safely accommodate bicyclists traveling on city streets instead of city sidewalks.

Jo Hart request City Council undertake a complete study and issue information on regular traffic regulations for bicyclists traveling on streets in the City of Worcester.

Jo Hart request City Council undertake a complete study and issue information on the possibility and requirements for insuring owners of bicycles and insuring bicycles for users other than owners, for misuse and for accidents.

Recommend Adoption of an Amendment to the Salary Ordinance to Create a New Title of "Snow Customer Service Representative, When Assigned" within the Department of Public Works and Parks.

Transmitting Informational Communication Relative to the City Hall Employee of the Month for February 2013.

Transmitting Informational Communication Relative to the Worcester Arts Council 2013 Grant Awards.

Transmitting Informational Communication Relative to the Fiscal Year 2014 Community Development Block Grant (CDBG) Program.

Recommend Adoption of an Order to Execute a Lease Agreement for Office Space at 44 Front Street for the Division of Workforce Development.

Transmitting Informational Communication Relative to Downtown Area Streetscape and Traffic Improvements.

Recommend City Council Accept with Gratitude a Grant in the Amount of Six Thousand Dollars and No Cents ($6,000.00) from the Massachusetts Department of Public Health.

Transmitting Informational Communication Relative to Operational Structure and Staffing Levels within the Worcester Police Department.

Transmitting Informational Communication Relative to the City's Emergency Communications Department (9-1-1 Dispatch Center).

Transmitting Informational Communication Relative to Regional Emergency Communications Center Negotiations.

Transmitting Informational Communication Relative to the Failure of the Regional 9-1-1 Verizon Landline System Experienced on January 17, 2013.

Transmitting Informational Communication Relative to the Recent Supreme Judicial Court Decision Involving Two City Sewer Back-up Cases.

Transmitting Informational Communication Relative to Efforts to Curb Prostitution in the City.

Recommend Adoption of a Resolution to File and Accept a Grant of Up to Twenty Thousand Dollars and No Cents ($20,000) from the Fallon/OrNda Community Health Fund.

Transmitting Informational Communication Relative to the City's Mobile Library - the Library Express (a.k.a. Libby).

Transmitting Informational Communication Relative to the City’s Expenditures and Revenues through Mid-Year Fiscal Year 2013.

Transmitting Informational Communication Relative to the DCU Center Special District Improvement Fund.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Loan Account #91C7842J, Parks East & Holmes, and be appropriated to Parks Account #72C70216, East Park, to allow for anticipated payments as per the cash flow procedure.

Recommend that Seven Thousand Dollars And No Cents ($7,000.00) be transferred from Loan Account #91C7842J, Parks East & Holmes, and be appropriated to Parks Account #72C70231, Holmes Field, to allow for payments of current and anticipated invoices.

Recommend that Seventy Seven Thousand Eight Hundred Sixty Dollars And No Cents ($77,860.00) be transferred from Loan Account #91C7803A, Citywide Capital Equipment, and be appropriated, when and as received, to Parks Account #72C701, Parks Capital Equipment, to allow for the purchase and future payment of Capital Equipment.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Loan Account #91C793, Green Hill Golf Improvements, and be appropriated to Golf Account #71C702, Green Hill Golf Improvements, to allow for current and anticipated payments as per the cash flow procedure.

Recommend that Fifty Six Thousand Nine Hundred Five Dollars And Fifty Three Cents ($56,905.53) be transferred from Loan Account # 91C7803A, Citywide Capital Equipment, and be appropriated, when and as received to Parks Account # 72C701, Parks Capital Equipment, to allow for the purchase and future payment of Capital Equipment as per the cash flow procedure.

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) be transferred from Loan Account # 91C7113E, Building Rehabilitation Auditorium, and Fifteen Thousand Dollars And No Cents ($15,000.00) be transferred from Loan Account # 91C777, Auditorium Rehabilitation, and the total of Three Hundred Sixty Five Thousand Dollars And No Cents ($365,000.00) be appropriated to Account # 74C701, Auditorium Capital Rehabilitation, for current and anticipated invoices per the cash flow procedure.

Recommend that Two Hundred Twenty Five Thousand Dollars And No Cents ($225,000.00) be transferred from Loan Account # 91C7113F, Building Rehabilitation WPS, and be appropriated to various accounts, for the 5 Accelerated Schools, for capital rehabilitation improvement programs.

Recommend that Six Thousand Eighty Dollars And Fifty Eight Cents ($6,080.58) be transferred from Account #91C7803A , and be appropriated, when and as received, to Account #26C701, Fire Capital Equipment, to fund the purchase of ice rescue suits.

Recommend that Two Hundred Forty Two Thousand Dollars And No Cents ($242,000.00) be transferred from Account # , Citywide Capital Equipment, and be appropriated, when and as received, Account #25C701, Police Department Capital Equipment, to fund the purchase of various pieces of capital equipment.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Account #900-92000, City Manager's Contingency, to Account #500-92000, Worcester Public Schools to increase school spending in areas that will be recognized as part of Net School Spending by the Department of Elementary and Secondary Education.

Recommend that Nineteen Thousand Five Hundred Sixty Six Dollars And No Cents ($19,566.00) be transferred from Account #04T803, OPEB Trust Reserve, and be appropriated to Account #663-96000, Health Insurance, to provide funding for fiscal year 2013 second quarter health insurance expenses for Airport retirees.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #280-91000 , Inspectional Services Personal Services, to Account #280-92000, Inspectional Services Ordinary Maintenance to provide continued funding for property clean ups, board ups, and demolition.

Recommend that Twenty Six Thousand Dollars and No Cents ($26,000.00) be transferred from Account #14S40524, Elder Affairs Year 24, and be appropriated to Account #14S12824, GKH Bikepath Year 24, to Fund Roadway Improvements Associated with the Gardner-Kilby-Hammond Project.

Transmitting Informational Communication Relative to the Governor's Proposed Fiscal Year 2014 Budget Recommendation.

Transmitting Informational Communication Relative to the Commonwealth's Other Post Employment Benefits (OPEB) Commission's Recommendations.

Transmitting Informational Communication Relative to the Status of the Implementation of the City of Worcester's Energy Services Company (ESCo) Project.

That the sum of Three Million Six Hundred Fifty Five Thousand Dollars And No Cents ($3,655,000.00) be appropriated to Account #91F7113F, Building Rehabilitation, Worcester Public Schools, to fund building repairs to the following schools; Chandler Magnet School, Dr. James A. Caradonio New Citizens Center, Jacob Hiatt Magnet School, Lake View School and May Street School.

Amending Chapter 8 of the Revised Ordinances of 2008 to Conform the Service Dog Fee Exemption to State Law.

Amending Section 68 of Chapter 13 of the Revised Ordinances of 2008 to make Harding Street Two-Way from Franklin St. to Winter St.

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)

Motion Palmieri @ #5a CC - Request City Manager speak with a representative from SMOC relative allegations concerning the health and welfare of the persons residing at 701 Main Street and report their responses back to City Council.

Motion O’Brien @ #8.4B CM – Request City Manager report the make-up of the Community Development Advisory Committee and report the process for filling vacancies.

Motion Petty @ #8.4B CM – Request City Manager request the City Solicitor provide a legal opinion as to who disburses and makes the final recommendations relative to the funding allocated in the CDBG Program.

Motion Russell @ #8.4C CM – Request City Manager consider utilizing vacant city office space rather then going out to bid.

Motion Lukes @ #8.4C CM – Request City Manager provide an inventory of all the city office spaces that are rented, the cost of leases and when those leases will expire and further, request an inventory of all city owned vacant office spaces.

Motion Lukes @ #8.6A CM – Request City Manager provide on a regular basis status reports during the implementation of the Downtown Area Streetscape Project.

Motion Toomey @ #8.6A CM – Request City Manager provide a report concerning the downtown infrastructure upgrades, such as cable, taking place.

Motion O’Brien @ #8.10A CM – Request City Manager provide a breakdown of the current diversity within the police department for both the officers and command staff; and further, report efforts to continue diversifying the police force and the newest recruiting class.

COMMUNICATION of Michael V. O’Brien, City Manager, transmitting informational communication relative to the Designation of a Tactical Response Area in the Main South Neighborhood.

RESOLUTION @ #8.11C CM – That the City Council of the City of Worcester does hereby request Secretary Andrea Cabral use all of her departments resources to exam and recommend a permanent solution to prevent what occurred on January 17, 2013 regarding the catastrophic failure of the Regional 9-1-1 Verizon Landline System. (Rushton)

Motion Lukes @ #8.11C CM - Request City Manager request Verizon report how a community can avoid being shut down and what kind of technology they can develop to avoid this type of occurrence.

Motion Economou @ #8.28I CM – Request City Manager consider leasing rather than purchasing various capital items.

COMMUNICATION of Michael V. O’Brien, City Manager, transmitting informational communication relative to the Allocation of an Additional $500,000 Appropriation in net School Spending to the Worcester Public Schools. (See item #8.29A)

Motion Eddy @ #12m CC – Request the Mayor request the Superintendent of Public Schools look into the option of parking behind the building at Gates Lane School.

Motion Russell @ #12m CC – Request City Manager report whether the salaries referenced in item #12m (Supplemental #1) represent an annual salary or does it only represent salary funding needed for the end of this current fiscal year.

Motion Russell @ #12m CC – Request City Manager find a permanent solution to alleviate the parking problems on Holland Rd without having to incur the need to lease a parking lot.

PETITION – Councilor Tony Economou on behalf of Pat Keach request repair of two light poles inn Mt. Hope Terrace.; one in the vicinity of #2 Mt. Hope Terrace and the second 100 yards to the north.

Motion Eddy – Suspension of Rules – Request the Superintendent of Public Schools consider repairing the railings on the gym bleachers at South High School to address the safety concerns.

Motion Toomey – Suspension of Rules - Request City Manager provide an update regarding dumpster fires in the city and report the location of these fires and the outcome of the investigations.

Motion Toomey – Suspension of Rules - Request City Manager invite the Massachusetts Department of Transportation to the Standing Committee on Public Works upcoming March meeting to present an overview of their plan, Bay State Roads, and best practices for multi-modal transportation inclusive of cars, bikes and pedestrians. Further, Request City Manager put together its own multi-modal transportation plan by the end of the year, including public input, most logical streets and neighborhoods and a timeline for completion.

Motion Toomey – Suspension of Rules - Request City Manager provide a map of the existing bike routes and bike lanes with a second map showing plans for the additional bike routes grouped by the year of completion.

Motion Toomey – Suspension of Rules - Request City Manager provide an update regarding the suggested installation of adding a bike lane in Greenwood Street.

Motion Rushton – Suspension of Rules - Request City Manager provide the promised report concerning plans for increasing public art for the February 26, 2013 City Council agenda.