CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 8, 2012

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned:8:30 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 April 24, 2012.

In accordance with Rule 41 of the Rules of City Council, Councilor Konstantina B. Lukes hereby requests reconsideration of the vote of City Council taken on May 1, 2012 to advertise the three proposed Ordinances relative to the Report of the Traffic & Parking Committee upon the Petition of Attorney Robert Longden on behalf of the Trustees of Clark University requesting to prohibit on-street parking on both sides of Downing St. and Woodland St. between Main St. and Charlotte St. and to install "No Parking" signs on Downing St. & Woodland St.

Mayor Petty read a Proclamation declaring May 12, 2012 as National Association of Letter Carriers Food Drive Day and it was presented USPS letter carrier Norman LaFlash who urged the community to participate in the annual food drive.

John Giangregorio et al request uniform parking regulations in the Canal District and request the following parking regulations in municipal parking lots be changed as follows: 1) parking lot hours of operations be 5:00 a.m. to 3:00 p.m., 2) parking meters be enforced 8:00 a.m. to 6:00 p.m., 3) two hour limit for parking meters and three hour limit for Millbury St. lot, and 4) parking meters charge 25cents per 1/2 hour, and, further these changes be for the Green St. Lot (General Picket Lot), the Green St. Lot adjacent to the Centre Bar and Grille, the Water and Harrison Sts. Lot across from the Broadway, and the Millbury St. Lot adjacent to Patsy Dugan's Pub.

Sandra Quinlan request Valley View Lane to be made a public street.

Councilor Konstantina B. Lukes request the tree in front of 5 Pratt St. be removed.

Chris McGovern request sidewalk repair at the corner of Whitman Rd. and Salisbury St.

Kiran Patel request Mount Vernon St. be resurfaced

Jose & Esther Gonzales request abatement of street betterment assessment #24695 in the amount of $3,606.50 for Seattle St.

Leticia Nunez request installation of a handicap parking space in front of 8 Alpine St.

I.B. Sokari on behalf of John Street Baptist Church and the neighborhood request John St be made one way from West St. easterly to North Ashland St. which is consistent with the rest of John St.

I.B. Sokari on behalf of Elm Park Community School request North Ashland St. from Highland St. to William St. be made one-way, so that traffic will flow towards William St

Edward Blesedell request installation of a handicap parking space in front of 249 Shrewsbury St.

Thomas Gentry, Operations Director of DTC Dental Care, request to increase time limit on the parking meters on Salem St. from thirty minutes 8 a.m. to 6 p.m. to two hours 8 a.m. to 9 p.m.

Lori Vivlamore et al request "No Parking" be installed across from the driveway at 35 Windham St.

NATIONAL GRID for pole location on: MOUNTAIN STREET WEST

Transmitting Informational Communication Relative to the Appointment of Frank P. Raffa to Constable for Civil and Criminal Business for the City of Worcester.

Recommend Adoption of a Resolution to File and Accept a U.S. Department of Labor Emergency Unemployment Compensation / Reemployment and Eligibility Assessment (EUC/REA) Grant through the Massachusetts Department of Career Services for the City's Workforce Central Career Center.

Recommend Adoption of a Resolution to Authorize the Submission of a Substantial Amendment to the City's Existing Consolidated Plan to the Department of Housing and Urban Development (HUD).

Recommend Adoption of a Resolution to Accept and Expend Massachusetts Manufacturing Extension Partnership H1B Partner Funding in the Amount of Thirty Two Thousand Five Hundred Dollars ($32,500.00).

Recommend Adoption of the Attached Resolutions to File and Accept Program Funding under the Fiscal Year 2013 (funding year 38) Community Development Block Grant (CDBG), HOME Affodable Housing Program, Emergency Solutions Grant (ESG) and the Housing Opportunities for People with AIDS (HOPWA) Grant.

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

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of 160 Trees from the Hanover Insurance Group in Honor of Arbor Day. The Trees were Recently Planted on Lincoln Street and Beverly Road, at Lincoln Street School and Burncoat Park.

Transmitting Informational Communication Relaive to the Worcester Police Department's Policy on Racial Profiling.

Transmitting Informational Communication Relative to the Appointment of an Acting Public Health Commissioner.

Transmitting Informational Communication Relative to Commercial, Industrial, Mixed-Use, and Four-Units and Above Apartments Property Values.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Loan Account #91C7441A, Off Street Garages, to DPW Account #46C707, Parking Garages - Improvements, to allow for payment of current and anticipated obligations per the cash flow procedure.

Recommend that Ninety Four Thousand Two Hundred Thirty Seven Dollars And No Cents ($94,237.00) be transferred from Loan Account #91C7802A, Capital Equipment, and be appropriated to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of this much needed vehicle.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7351A, Building Rehabilitation, and be appropriated to DPW Account #44C705, Capital Outlay to allow for payment of anticipated obligations per the cash flow procedure.

Recommend that One Thousand Five Hundred Ninety Nine Dollars And No Cents ($1,599.00) be transferred from Account #270-92000, Communications Ordinary Maintenance, and be appropriated to Account #270-93000, Communications Capital Outlay, to provide funding for the purchase of a bed slide for an Emergency Communications vehicle.

Recommend that Twenty Four Thousand Five Hundred Fifty Eight Dollars And Fifty Five Cents ($24,558.55) be transferred from Account #330-08, Reserve for Appropriation Premium on Loans, and be appropriated to Account #660-92000, Treasury Ordinary Maintenance, to provide funding for costs associated with the issuance of Bond Anticipated Notes dated February 20, 2012.

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.

Recommend that Twenty Seven Thousand Eight Hundred Fifty Nine Dollars And Ninety Two Cents ($27,859.92) be transferred from Sewer Account #440-91000, Salaries, and appropriated to Sewer Account #440-97000, Overtime, to allow overtime costs to be paid during the remaining period of Fiscal Year 2012.

Recommend that One Hundred Sixty Five Thousand Dollars And No Cents ($165,000.00) be transferred from Account #172-92000 , Unemployment Ordinary Maintenance , and appropriated to Account #0407-92000 , Veteran Services Ordinary Maintenance to fund potential year deficits associated with Veteran Services.

Recommend that Seven Thousand Dollars And No Cents ($7,000.00) be transferred from Account #900-92000, City Manager's Contingency, and be appropriated to Account #170-92000, Human Resources Ordinary Maintenance, to provide funding for the procurement of a search firm that will assist in the search for a new City Auditor.

Recommend that Five Hundred Fifty Thousand Dollars And No Cents ($550,000.00) be transferred from various accounts to fund Police Department overtime.

Transmitting Informational Communication Relative to the City's 2012 Memorial Day Observance Activities.

REPORT OF THE PLANNING BOARD Upon the Petition of Steven Gallo of Arboretum Village, LLC request private street conversion of Lilac Lane.

REPORT OF THE PLANNING BOARD Upon the Petition of Steven Gallo of Arboretum Village, LLC request private street conversion of Pearlbush Path.

REPORT OF THE PLANNING BOARD Upon the Petition of Steven Gallo of Arboretum Village, LLC request private street conversion of Sophia Drive.

REPORT OF THE PLANNING BOARD Upon the Petition of Edward & Elaine Gardella, et al request private street conversion of the private section of Russell Calvin Drive.

REPORT OF THE PLANNING BOARD Upon the Petition of John E. Wood Jr. request City to discontinue land or a portion of land located on north side of Lanesboro Road (Relocated) abutting 29 Lanesboro Road from the Lanesboro Road public way layout.

Amending Chapter 5 of Section 26 of the Revised Ordinances of 2008 relative to sewer user charge (FY 2013)

Amending Chapter 7 of Section 16 of the Revised Ordinances of 2008 relative to Water User Charge (FY 2013)

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking near 55 New Vista Lane (Diagonal Parking).

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 7 East Kendall St.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 2008 to revise the Resident Permit Parking on the south side of Beaver St. Only extending it to include #33 Beaver St.

Amend Section 68 of Chapter 13 of the Revised Ordinances of 2008 to make Reeves St. One Way Eastbound from Whipple St. to Greenwood St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to revise the parking meters time on the East side of Main St. from MLK Jr. Blvd. to Exchange St. from 8:00 am to 8:00 pm to 8:00am to 5:00 pm

Amend Section 42 of Chapter 13 of Revised Ordinances of 2008 to extend the existing No Parking Anytime on the west side of the Main Driveway Entrance to the Greendale YMCA on Shore Drive 40' to allow for a safer way of exiting from the YMCA

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Charlotte St. at Woodland St. facing eastbound traffic on Charlotte St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to increase the time limit of the Parking Meters on Mechanic St. from Main St. to Commercial St. to two (2) hours 8:00 am to 8:00 pm Monday to Friday

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to increase the time limit of the One Hour Parking Meters on Norwich St. to two (2) hours 8:00 am to 8:00 pm Monday to Friday

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to increase the time limit of the Parking Meters on Commercial St. from Front St. to Foster St. to two (2) hours 8:00 am to 8:00 pm Monday to Friday

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Communication of the City Manager recommending adoption of an amendment to Section Six (Signs) of the City's Zoning Ordinance: recommend to accept the Report of the Planning Board and recommend passage of the accompanying proposed Ordinance (Tabled - Petty May 1, 2012)

RESOLUTION - Councilor Joseph C. O'Brien, Mayor Joseph M. Petty, Councilor William J. Eddy, Councilor Philip P. Palmieri, and Councilor Sarai Rivera - That the City Council of the City of Worcester hereby urges the Governor and the State Legislature to invest in the communities, to strengthen our economy and to improve the quality of life of Massachusetts residents by passing legislation that raises substantial new revenue while holding down increases for low and middle income individuals and families. (Tabled - Lukes May 1, 2012)

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)

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)

Motion Economou @ #9.23A CM - Request City Manager explain the role the DOR has played in the valuation of commercial properties in previous years that have led to the extreme changes that are taking place this year.

Motion Lukes @ #9.23A CM - Request City Manager report how many times has the City Council voted lowest residential since inception; the legal role of DOR and legal liability has in historically certifying valuations; what percentage of properties in the city are tax exempt; and, what exactly is the status of four to eight unit buildings as far as being classified as residential or commercial.

Motion Lukes @ #9.23A CM - Request City Manager report the tax rate that could be approved this year that would equal the taxes paid out of pocket by residential owners last year; and, further, provide computations showing gradual step increases by residential taxpayers vs. gradual step decreases by commercial taxpayers and show what would be the increase in out of pocket taxes paid by residential owners.

Motion Petty @ #9.23A CM - Request City Manager explain to City Council what is an income approach and market approach as it applies to commercial valuations.

Motion Petty @ #9.23A CM - Request City Manager provide a report explaining the exemption process and have this on the city's web page.

Motion Russell @ #9.23A CM - Request City Manager provide a report regarding the four units and above residential properties and what approach was used to make the valuations and how those statistics came about.

Motion Russell @ #9.23A CM - Request City Manager report if the City Council had a choice in picking the processes for valuing properties.

Motion Russell @ #12a CC - That the City Council of the City of Worcester does hereby amend Table 4.3.2A of the proposed sign ordinance so that all zoning districts change the maximum area (sf) for all wall/banner and freestanding anchored in the ground signs from 64 sf. or 2% to 128 sf. or 4% and in zones RS, RL, RG delete the maximum allowed 32 sf. sign.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to an update on the Fiscal Year 2013 Budget Recommendation.

Motion O'Brien - Suspension of Rules - Request City Manager provide to City Council with a previously requested report concerning the number of livery licenses issued over the last three years; and, further provide a legal opinion as to whether or not the City Council can place a moratorium on the number of livery licenses issued.

Motion Rushton - Suspension of Rules - Request City Manager consider the planting of city shade trees in June St. from Newton Square to Chandler St. and on Pleasant St. from Newton Square to Richmond Ave.