CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 11, 2013

Esther Howland Chamber

Convened: 7:11 P.M.

Adjourned: 8:32 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 May 28, 2013.

Hearing: NATIONAL GRID for conduit location in: TEMPLE & GREEN ST. Granting permission to NATIONAL GRID for conduit location in: TEMPLE & GREEN ST.

Hearing: NSTAR for a gas main location in: SOUTHWOOD RD. Granting permission to NSTAR for a gas main location in: SOUTHWOOD RD.

Hearing: WAVEGUIDE, INC. for conduit location in: SALISBURY ST. Granting permission to WAVEGUIDE, INC. for conduit location in: SALISBURY ST.

Mayor Petty recognized the presence of Boy Scout Troop 9 from Greendale Peoples Church who were present to earn their Citizenship and Communications badge. The Mayor presented Garret Forss a Key to the City of Worcester in recognition of his becoming an Eagle Scout.

Mayor Petty recognized Rob Branca to present him with the Key to the City and thank him on behalf of the city for his efforts for making Box 4 Service Canteen Truck a reality. This canteen will service first responders for years to come and it was made possible through Rob's generosity and dedication.

Mayor Petty read a Proclamation declaring June 12, 2013 as Loving Day Worcester 2013. The Mayor presented the proclamation to Edward G. Robinson, a member of the Human Rights Commission.

Mayor Petty recognized the following speaker:
1. Jo Hart, Worcester resident

Councilor Joseph C. O'Brien on behalf of Rebecca Ahlfors request tree stump removal and replacement of tree in front of 463 Chandler St.

Carol Kaufman et al request to install public sewer line in Fenimore Rd., from Otsego Rd. to residences up to and including #8 Fenimore Rd.

Councilor George J. Russell on behalf of Bob and Sue Zack request a street light be installed on the last utility pole (#6-2) on Balis Ave in the interest of public safety.

James McNamara request Manhattan Rd. be paved.

Councilor Philip P. Palmieri on behalf of Paulo Dasilva et al request sidewalks on Plum St. be repaired, replaced or constructed where needed.

Councilor George Russell on behalf of Devon A. Kinnard, Esq. request the installation of a Dead End sign at the beginning of Balis Ave.

Edward Langevin request installation of one (1) handicap parking space in front of 3 Wentworth St.

Alexandra Imtanios, Manager of Jillian's, request handicap parking space in front of 315 Grove St. be relocated.

Councilor William J. Eddy on behalf of Cheryl & Jan Adam Kopas request installation of a crosswalk at 395 Chandler St.

NATIONAL GRID for conduit location: MADISON STREET

John Dick et al request information pertaining to the playground located for over 50 years at 30 Tory Fort Lane that has recently disappeared.

Transmitting Auditor's Report for April 2013.

FROM THE COMMITTEE ON FINANCE - Request City Manager report what buildings are under the jurisdiction of the Chief Financial Officer. (Lukes)

FROM THE COMMITTEE ON FINANCE - Request City Manager report as to when the installation of cameras in Crystal Park will take place. (Rivera)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide an analysis of city pools that compares the cost of maintaining pools in each district and the cost of sustaining the Wheels to Water program. (Rivera)

FROM THE COMMITTEE ON FINANCE - Request City Manager request the Chief Financial Officer report how other gateway cities calculate administrative costs provided to schools. (O’Brien)

FROM THE COMMITTEE ON FINANCE - Request City Manager request the School Administration provide a report that outlines increases in the last five (5) years chapter 70 funding, state and federal grants and charter school tuition. (O’Brien)

FROM THE COMMITTEE ON FINANCE - Request City Manager request the School Administration report all school administration spending including non-net school spending. (Rushton)

FROM THE COMMITTEE ON FINANCE - Request City Manager request the School Administration report whether or not Medicaid monies are collected by charter schools. (Toomey)

FROM THE COMMITTEE ON FINANCE - Request City Manager request the School Administration provide an update concerning hiring a full-time math/science teacher at University Park School. (Rivera)

FROM THE COMMITTEE ON FINANCE - Request City Manager report what percentage of the budgets in other surrounding communities are contributed to schools. (O’Brien)

FROM THE COMMITTEE ON FINANCE - Request City Manager and the School Administration provide of a list of new positions created within their respective budgets, including fire and police departments. (O’Brien)

FROM THE COMMITTEE ON FINANCE - Request City Manager report the number of anticipated retirements in the Police and Fire departments. (Lukes)

FROM THE COMMITTEE ON FINANCE - Request City Manager request the School Administration report what federal grants allocated to public schools are being spent on and specify if it is for positions, programs, etc. (Lukes)

FROM THE COMMITTEE ON FINANCE - Request City Manager request the School Administration report how many secondary school students enrolled in private or parochial schools are being transported. (Lukes)

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief to enforce the No Parking prohibitions in Faraday Street and the handicap parking space in front of 12 Harlow Street

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager contact principals of O’Connell Construction and request that their workers utilize the spaces at the Prescott Street parking garage until 75 Grove Street construction is completed.

FROM THE COMMITTEE ON FINANCE - Request City Manager review with the School Administration the estimated reimbursement of McKinney- Vento Funds that will be forthcoming this month and request the City Manager consider revising the revenue forecast for next year to include this funding. Further, request a report concerning this by the June 11, 2013 City Council agenda. (O’Brien)

FROM THE COMMITTEE ON FINANCE - Request City Manager and Superintendent of Public Schools consider eliminating any duplication of services to save money through cooperation between both sides of local government. (Russell)

FROM THE COMMITTEE ON FINANCE - Request City Auditor report how the $75,000 in the school transportation budget is expended in addition to the adequacy study. (O’Brien)

FROM THE COMMITTEE ON FINANCE - Request Superintendent of Public Schools report, if additional funding were made available, what would be her recommendations for applying these funds and further report the impact these recommendations would have to the schools. (O’Brien)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report relative to health insurance that includes the following requests for information: 1) when was the last time health insurance went out to an open bid; 2) how are bids solicited; 3) how many companies bid to provide these services; 4) when was the last time has there been a change in insurance carriers; and 5) when will be the next time health insurance goes out for a complete and open bid process. (Eddy)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report relative to the effectiveness of all the wellness programs. (Toomey)

FROM THE COMMITTEE ON FINANCE - Request City Manager report at the appropriate time the estimated free cash. (O’Brien)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report relative to the marketing campaign plans for the next year. (Lukes)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide an amortization schedule for the cost of borrowing of $500,000 in bonds. (Economou)

Request City Manager request the City Solicitor provide a brief report regarding the ability of the City Council to ban exotic animal shows in the City of Worcester. Further, request the City Clerk contact the city of Revere and Cambridge to get a copy of their local ordinance banning exotic animal shows. (O'Brien, Lukes)

Request City Manager utilize a crowd sourcing technique for an open call to the community for their thoughts by placing on the city web site a question on the subject of an appropriate use for the Wyman Gordon site at Kelley Square. (Lukes)

Request City Manager obtain from Charter Communications information as to whether or not internet and or telephone records are being accessed or distributed to federal agencies. (Lukes)

Request City Manager provide City Council with an update concerning the potential legal actions to recoup funds lost regarding 5 May St. (Russell, Petty)

Request City Manager report on the current high speed and wireless internet capacity in Worcester and projected future needs. (Lukes)

RESCIND AND REASSESS STREET BETTERMENT ASSESSMENT: WOODCLIFFE AVENUE

SEWER BETTERMENT ASSESSMENT: WIGWAM HILL DRIVE

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to "Worcester's FY14 Budget: Making Ends Meet".

Michael V. O'Brien, City Manager, transmitting communication relative to his self-evaluation for Fiscal Year 2013 accomplishments achieved on behalf of the City Council and the community.

Michael V. O'Brien, City Manager, transmitting communication relative to the Lincoln Street Transportation Improvement Project 25% Design public hearing.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Communication of the City Manager recommending approval of installation of public sewer on Toronita Ave., between Barry Rd. and Pelican Ave.: recommend adoption of the accompanying Order to request City Manager recommend an appropriation of $170,000.00 for the construction of approximately 800 feet of sanitary and surface sewer in Toronita Ave.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jill Suarez, COMS for The Carroll Center for the Blind, request installation of an audible pedestrian signal at the intersection of Pleasant St. and Richmond Ave: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Order of Councilor Michael J. Germain and Councilor Kathleen M. Toomey - Request City Manager consider conducting public hearings regarding pedestrian issues such as public crosswalks, signage, traffic lights etc. in the interest of public safety: recommend adoption of the accompanying Order requesting report within 90 days and referred to City Manager

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Christopher Sheehan of Lutheran Rehabilitation & Skilled Care Center request the parking meters in front of 26 Harvard St. and State St. be removed and replaced with "2 Hour Parking": recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Report of the Committee on Traffic & Parking Upon the Petition of Councilor Paul P. Clancy, Jr. on behalf of Rita Shiraka Moss request "Blind Drive" sign prior to 17 Puritan Ave: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Report of the Committee on Traffic and Parking upon the Petition of Daniel Leland request installation of a mirror at the end of Rosamond St. so that he will be able to see vehicles coming around corner: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera request some on-street parking be created in the west side of Southbridge St. in the vicinity of Princeton St. for church congregants: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jill Suarez, COMS for The Carroll Center for the Blind, request installation of an audible pedestrian signal at the intersection of Belmont St. and Skyline Dr: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Joseph Marrone and Hamid Mahaghegh request City consider how more on-street parking can be provided for local businesses in the Grove, Prescott and Lancaster Sts. area: recommend Petitioner be given leave to withdraw.

Amend Chapter 7 of Section 16 of the Revised Ordinances of 2008 relative to Water Rate Use Charge (FY 2014) Amend Chapter 5 of Section 26 of the Revised Ordinances of 2008 relative to Sewer User Charge (FY 2014)

ORDER of Mayor Joseph M. Petty - That the City Council of the City of Worcester does hereby make the following changes to the City Council Meeting Schedule for 2013: 1.) That he City Council meeting scheduled for August 13, 2013 be rescheduled to August 20, 2013 due to the election primary for State Representative – 16th District taking place on August 13th; 2.) That the City Council meeting scheduled for September 10, 2013 be rescheduled to September 17, 2013 due to the election for State Representative – 16th District taking place on September 10th; 3.)That the Agenda for the September 17th will be a City Manager and City Council agenda that includes Finance Committee; and 4.) That the Agenda for the September 24th will be a City Manager agenda that includes the Economic Development quarterly reports. (Tabled - Lukes June 4, 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)

ORDER of Mayor Joseph M. Petty request recess to Executive Session for the purpose of discussing pending litigations. (Tabled - Petty April 2, 2013)

Motion Rushton @ #8k CC – Request City Manager report as to whether or not there is a possible deed restriction on property owned on Tory Fort Lane by Mass Electric/NGrid.

Motion Toomey @ #8k CC – Request City Manager consider establishing a list of appropriate sites for cell towers in the city.

Motion Palmieri – Suspension of Rules – Request City Manager contact PresMet property owners in the Canal District regarding upkeep and improvements/development.

Motion Germain – Suspension of Rules – Request City Manager provide an overall report concerning the use of outside counsel that answers the following questions: 1). when used and when not used; 2) why used; 3) what is the process for selecting outside counsel; and 4) would additional inside staff might be more fiscally prudent. Further, request report include any other information that makes it more clear why outside counsel is needed.

Motion Lukes – Suspension of Rules – Request City Manager provide a list of cases using outside counsel for the past year.

Motion Economou – Suspension of Rules – Request City Manager review the process as to how the WCAC allocates its CDBG funding.

Motion Economou - Suspension of Rules - Request City Manager request the Commissioner of Public Works & Parks repair the fence adjacent to 8 Northgate Circle that was damaged from snow plowing.

PETITION – Councilor Tony Economou request curb repair in front of 14-16 Mercury Dr.

Motion Toomey – Suspension of Rules – Request City Manager report when will the retention pond on Brightwood Ave. be built.

Motion Toomey – Suspension of Rules – Request City Manager request the Commissioner of Public Works & Parks make recommendations as to enhance children safety at the tot lot on Providence St. such as the adding of a gate.

COMMUNICATION of the City Manager recommending Two Hundred Fifty Five thousand Dollars and No Cents ($255,000.00) in increased estimated local receipts from State Reimbursements, Revenue Account #454005, McKinney Vento, be appropriated to Account #500-91000, Worcester Public School Personal Services, to be used to increase the Fiscal 2014 Worcester Public Schools that are eligible for net school spending.

Mayor Petty, as Chair of the Finance Committee, submitted the following Chairman's Orders and Reports for consideration: CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager evaluate and recommend an appropriation in the FY2014 budget from available free cash in the amount of $73,000 to address the remaining net spending gap along with costs and keeping in line with the city’s five point financial plan and state budget. (Eddy, O’Brien, Petty)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request the Mayor contact the DESE and request when the city can expect to get a response as to whether or not OPEB can be applied to net school spending. (Rushton)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report of all spending during the last three (3) years, broken down for each year, for outside legal counsel. (Rushton)

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager Recommending adoption of the Fiscal Year 2014 Budget Recommendation as presented in the Line Item Budget: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to the Commonwealth's Revenue Shortfall for First Quarter of Fiscal Year 2013: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to the City’s Expenditures and Revenues through Mid-Year Fiscal Year 2013: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to the Governor's Proposed Fiscal Year 2014 Budget Recommendation: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to the Commonwealth's Other Post Employment Benefits (OPEB) Commission's Recommendations: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication on Year-to-Date Revenues, as of January 31, 2013: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager Presentation of the Preliminary Fiscal Year 2014 Budget Overview: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to summary of Preliminary Fiscal Year 2014 Health Insurance Rates: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to City Revenues Through February 28, 2013: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communications of the City Manager transmitting informational communication relative to an Update to the Proposed FY14 State Budget: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to the Proposed State Budget Recommendations: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to City Administrative Expenses, Prescribed by 603 C.M.R. 10.04, in the Commonwealth's Calculation of Net School Spending: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to All “New” Personnel Contained in the Fiscal Year 2014 Budget Recommendation: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Report for May 2012: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting a letter from the Department of Revenue certifying Free Cash in the general fund as of July 1, 2012 in the amount of $4,284,511, this amount is available for appropriation in fiscal 2013. Free Cash was also certified for the city's enterprise funds and is available in them for expenditure in fiscal 2013 as follows: Water $2,374,068 and Sewer $2,161,700: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Reports for November 2012 and December 2012: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Report for February 2013: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of Helen Friel, Ed.D., Assistant to the Superintendent/Clerk of School Committee transmitting communication relative to the motion of School Committee Members Mr. O'Connell and Miss Biancheria requesting to coordinate with the City Council and the City Manager to schedule the school department budget hearings for fiscal year 2014 so that the School Committee will address its budget before the City Council conducts its own budget hearings: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication from Superintendent Melinda J. Boone transmitting communication relative to information requested at the May 28, 2013 budget session: recommend Communication be placed on file.