CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 22, 2013

Esther Howland Chamber

Convened: 7:01 P.M.

Adjourned: 8:16 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 8, 2013.

Mayor Petty recognized the presence of Boy Scout Troop 70 from St. Stephens Church.

Mayor Petty presented to Edith Morgan a Key to the City to recognize the recent tree planting at Green Hill Park in her honor for all her community service over the years.

Mayor Petty read a Proclamation declaring October 26, 2013 as “The Order Sons of Italy in America Worcester Lodge #168“ day. The Mayor had it presented to Kevin Sacco and Kevin Mercadante.

Mayor Petty read a Proclamation declaring October 20th as “Making Strides Against Breast Cancer Walk“ day. The Mayor had it presented to Dottie Hargrove and Michelle Wiser.

Peter Levesque request abatement of street betterment assessment #25187 in the amount of $11,907.00 for Cascade Rd.

Stephen Richards request abatement of street betterment assessment #25178 in the amount of $14,331.26 for Cascade Rd.

Eleanor Mancini request the driveway apron at 160 Moreland St. be repaired.

Sandra Allen request street repair for Quinsigamond Ave. from the Route 146 exit starting at the park through Southbridge St.

Peter Lukason request a study regarding the feasibility of constructing a sewer for 5 Dawson Rd.

Councilor George J. Russell on behalf Richard Castle request the sidewalk on Esther St. from Millbury St. to Vernon St. be resurfaced.

Donna Needham request installation of a stop sign on the corner of Nutmeg Dr. and Parson Hill Dr.

Donna Needham request speed limit signs be installed at the street light on Nutmeg Dr.

Vishnu Patel of People's Market request to change the hours of parking at 59 Harrison St. from 6:00 am to 6:00 pm to 6:00 am to 9:00 pm.

Vishnu Patel of People's Market request No Parking at 59 Providence St. be changed to Parking from 6:00 am to 9:00 pm.

Nick Chacharone et al request a traffic study in the area of the intersections of Lincoln, Burncoat, Shattuck, Shaffner, Norton, Mellville, Buckingham and Frothingham Sts.

Thomas Levis et al request No Parking be installed on Shattuck St. at both sides of the exit from the parking lot of Brittan Court at 299 Lincoln St.

Susan Lozoraitis request cautionary signs be installed to inform drivers of freezing conditions on the Franklin St. bridge near David Clark Co.

Margaret Paradis request installation of handicap parking space in front of 54 Sever St.

Barbara Barrons request installation of resident permit parking for 30 Deerfield St.

Robert Manning request the handicap parking in front of 267 Fairmont Ave. be removed.

Councilor George J. Russell on behalf of David LeBoeuf request the installation of stop signs on Blackstone River Rd. at Whipple St. in the interest of public safety.

Councilor George J. Russell on behalf of Patrick Donahue request installation of a stop sign on Batavia St. as it intersects with Crowningshield Rd.

Councilor George J. Russell on behalf of Lorraine Laurie request installation of a "No Parking From Here to Corner" sign on Dorchester St. at the property line of 64/66 Dorchester St. to the corner of Providence St.

Councilor Kathleen M. Toomey request the faded "No Parking" signs on Davidson Rd. starting at 33 Davidson Rd. be replaced as well as the "No Golfing" signs.

Wilson Garcia request the installation of handicap parking space in front of 243 Tacoma St.

CHARTER COMMUNICATIONS for a conduit location in: IMPERIAL PLACE

CHARTER COMMUNICATIONS for a conduit location in: MAPLE TREE LANE

NSTAR for a gas main location in: REVERE ST.

Jo Hart request City Council request the City Manager formally invite Beverly Scott of the MBTA to an informal roundtable format discussion with the public transportation users here in Worcester and request it be televised at City Hall.

William J. Breault on behalf of the Main South Alliance for Public Safety requests the City Council to request the City Manager enforce the existing ban on the distribution or sale of "Blunt Wraps" under the City Ordinance regulating the sale and advertising of tobacco products.

William J. Breault on behalf of the Main South Alliance for Public Safety request City Council to request the City Manager enforce the existing ban, Chapter 94C Controlled Substance Act, on the sale of objects sold and used primarily intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body that are sold in so called Head Shops.

William S. Coleman, III request City Council join cities and towns across Massachusetts in celebrating the 94rd Birthday of former United States Senator Edward W. Brooke, II on October 26th. Senator Brooke was the first African American elected by vote in the country and he is the oldest living former member of the United States Senate.

Transmitting Informational Communication Relative to the Appointment of Lowell Alexander to the Civic Center Commission.

Transmitting Informational Communication Relative to the Announcement of Erin Gallaher, Deputy Assistant Tax Collector as City Hall Employee of the Month for October 2013.

Transmitting Informational Communication Relative to the Worcester Youth Opportunities Website and Youth Service Providers Database.

Recommend Adoption of a Resolution to Apply for, Accept, and Expend a Grant from the Executive Office of Housing and Economic Development Advanced Manufacturing Training Grant

Transmitting Informational Communication Relative to the 2013 Fall Leaf Collection Program.

Request Approval of a Proposed Ordinance Amendment Relative to the Pleasant Street No Parking Ordinance.

Transmitting Informational Communication Relative to a Police Incident Report for the Midtown Mall/Marcus Properties.

Transmitting Update on Foreclosure Mediation Information and Revised Ordinance.

Transmitting Informational Communication Relative to Community Immunity 2013.

Transmitting Informational Communication Relative to the MA Department of Revenue's Certification of Free Cash.

Transmitting Informational Communication Relative to the Current Status of the City's Municipal Bond Rating.

Recommend that Twenty Eight Thousand Five Hundred And Forty Five Dollars And No Cents ($28,545.00) be transferred from Loan Account #91C7441B, Curbside Meters, and be appropriated to Off Street Parking Account #46C705, Capital Equipment, to allow for the payment of this equipment per the cash flow procedure.

Recommend that Thirty One Thousand One Hundred Sixteen Dollars And No Cents ($31,116.00) be transferred from Loan Account #91C7804A, Capital Equipment, when and as received, and be appropriated to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of this vehicle.

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C772, Infiltration - Lake Ave, to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #91C7411B, Street Construction, and be appropriated to DPW Account #41C742, Street Resurfacing (Ext Pavement), to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred as follows: $150,000.00 from Loan Account #91C7133C, Cross Connection; $100,000.00 from Loan Account #91C7131C, Mains Cross Connections; and $50,000.00 from Loan Account #91C7132C, Cross Connections, and that the total be appropriated to DPW Account #45C720, Water Mains, to allows for the payments of current and future obligations.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C7243C, Traffic Signal Equipment, and be appropriated to DPW Account #40C704, Traffic Signals, to allow for the purchase and payment of anticipated new equipment per he cash flow procedure.

Recommend that Four Thousand Seventy Eight Dollars And No Cents ($4078.00) be transferred from Account #040-92000, City Manager's Office Ordinary Maintenance, and be appropriated to Account #040-93000, City Manager's Office Capital, to allow for the payment of office equipment per the cash flow procedure.

Recommend that, per the terms of the latest contract for Emergency Dispatchers, the following amendment to the Department of Emergency Communications Table of Organization to reflect the elimination of (8) Dispatcher II positions and create (8) Regional Dispatcher III positions. These positions are funded with the existing appropriation and no additional funding is required at this time.

Recommend that Nine Million One Hundred Two Thousand Two Hundred One Dollars And No Cents ($9,102,201.00) be appropriated from Certified Free Cash and transferred to the identified accounts per the City's Five Point Plan.

Recommend One Thousand Eight Hundred Ninety Eight Dollars and Ninety One Cents ($1,898.91) be Authorized from Fiscal Year 2014 Economic Development Ordinary Maintenance Account #043-92000, to Provide for Payment of Prior Year Invoices.

Transmitting Informational Communication Relative to the "Clean Team" Fall Neighborhood Clean-up in the Pleasant/Piedmont Street Neighborhood.

Transmitting Informational Communication from the Worcester Regional Transit Authority.

Transmitting Informational Communication Relative to an Update of the Status of Food Trucks.

Transmitting Informational Communication Relative to New Regulations Released from the Commissioner of Banks Regarding Foreclosures.

Transmitting Informational Communication Relative to Alternative Assistance for Residents Facing Foreclosure.

David J. Rushford, City Clerk. transmitting communication regarding the upcoming vote to fill two vacancies on the Worcester Public Library Board of Directors.

Richard E. Gang, Senior Vice President of Cooperstown Environmental notifying the city of the implementation of an Immediate Response Action (IRA) in response to RTN 2-18969 at Holy Cross College.

That the sum of One Million Five Hundred Forty Five Thousand Dollars And No Cents ($1,545,000.00) be appropriated to Account #91C745. Sewer Infiltration/Inflow Lake Avenue Pump to pay for costs associated with improvements to the City’s sewer systems required as part of the Commonwealth of Massachusetts Sewer Pump Station Project so-called, Lake Avenue Pump Station, including the costs incidental and related thereto.

Amend Chapter Five Section Six of the Revised Ordinances of 2008 concerning Sewer Discharge and Connection Permits.

Amending the Compensation of the Cultural Development Officer.

ORDER of Councilor Konstantina B. Lukes - Request City Manager contact resettlement contractors in Worcester and report on how Refugee Resettlement programs operate in Worcester and what specific resources and the amounts of monies are available to resettled refugees, to the public schools and the city and the source of said monies and resources. (Tabled - O'Brien October 15, 2013)

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)

Motion Lukes @ #7z & 7aa CC – Request City Manager report how many establishments sell blunt wraps in the city and report how many citations/arrests took place in the past year.

Motion Lukes @ #8.10A CM - Request City Manager send a letter indicating City Councils concern about the activities taking place and lack of supervision at the Midtown Mall and send them a copy of City Manager’s communication item #8.10A.

Motion Palmieri @ #8.10A CM - Request City Manager report whether or not the city can request the owners of the Midtown Mall require a police presence at that building.

Motion Russell @ #8.10A CM – Request City Manager report as to why the Midtown Mall property has such a high assessment value.

Motion Toomey @ #8.24B CM – Request City Manager send a copy of City Manager’s item #8.24B to the Boston Globe to inform them of the city’s good standing.

PETITION – Councilor Tony Economou request a stop line be added at the intersection of Parkton St. and Grove St.

Motion Economou - Suspension of Rules - Request the Commissioner of Public Works & Parks remove, replace or cover the exposed pipe in the vicinity of 38 Hilda St.

PETITION – Councilor Tony Economou and Mayor Joseph M. Petty on behalf of the King family request the granite marker be cut down at 58 Brighton Rd. and the corner of Bay State Rd.

PETITION – Councilor William J. Eddy request street repairs in the vicinity of 61 Pine View Ave.

PETITION - Councilor William J. Eddy request sidewalk repair in front of 82 Pine View Ave.

PETITION – Councilor William J. Eddy on behalf of Charles Vayo request sidewalk repair in front of 84 Pine View Ave.

PETITION – Councilor William J. Eddy request installation of a “Blind Driveway” sinage in the vicinity of 24 Clover St.

PETITION – Councilor William J. Eddy request Forestry review the trees in the vicinity of 28 Brewster Rd.

PETITION – Councilor William J. Eddy request installation of a catch basin in the vicinity of 81 South Flagg St.

PETITION – Councilor William J. Eddy on behalf of residents of Rosewood Dr. request sidewalk repair in front of 7, 9, 13, 17, 18 and 22 Rosewood Dr.

PETITION – Councilor William J. Eddy request installation of street light in Camelot Dr. in the vicinity of the parking lot at Farber Field.

PETITION - Councilor William J. Eddy on behalf of Daniel Boucher request curb repair at 17 Stonehouse Lane.

PETITION – Councilor William J. Eddy request sidewalk repair at 10 Audubon Rd.

PETITION – Councilor William J. Eddy request sidewalk repair in the High Ridge Rd. side of 2 Blair St.

PETITION – Councilor William J. Eddy request sidewalk repair at 7 Blair St.

PETITION – Councilor William J. Eddy on behalf of Joseph Arguijo request sidewalk repair at 30 High Ridge Rd.

Motion Toomey – Suspension of Rules – Request City Manager request the Police Chief to provide enforcement of the parking regulations in Mason St. at the corners of Chandler St.

Motion Rivera – Suspension of Rules – Request City Manager look into the property at 25 Sigel St. and have property cleaned up.

PETITION – Councilor Sarai Rivera request extensive tree trimming or removal of the tree in vicinity of 72 & 76 Perry Ave. at the street light for safety concerns.

PETITION – Councilor Sarai Rivera request additional exterior lighting at the Chandler Elementary Community School in the interest of public safety.

Motion Rivera – Suspension of Rules – Request City Manager provide an update relative to the plans for making the lot on Newbury St. a community garden.

Motion Palmieri – Suspension of Rules – Request City Manager request the Commissioner of Public Works & Parks replace the “Blind Person” sign with the approved “Blind Child” cautionary sign located in Sears Island Dr. and further, request this sign be relocated closer to 124 Sears Island Dr. since the existing sign is too high and at time covered by trees. Further, request the Commissioner report why “20 MPH” signs can be located in other areas of the city but cannot be installed in Sears Island Dr.

Motion Palmieri – Suspension of Rules – Request City Manager provide City Council with an update concerning the status of Holland Rink and when the funding will become available so that the basketball court and the playground equipment can be upgraded.

Motion Palmieri – Suspension of Rules – Request City Manager provide City Council with a status report concerning the pond at Burncoat Park near the Elementary School and the repairs to the shut off valve and EPA’s involvement.

Motion Rushton – Suspension of Rules – Request City Manager have the rotted stairs at the Thomas Street entrance to the Major Taylor Blvd. garage repaired as soon as possible.

Motion Rushton – Suspension of Rules – Request City Manager contact the owners of the adjacent properties at Ted Williams Field to cut back the overgrowth to aid in stopping illegal or inappropriate activities in those areas.