CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 26, 2013

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 8:55 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 November 12, 2013.

Mayor Petty recognized the following speakers:
1. Chris Horton, Worcester resident
2. William Feegbeh, Worcester resident
3. Jeffrey J. Potter, Worcester resident
4. Jo Hart, Worcester resident
5. Bill Coleman, Worcester resident

Mayor Petty announced a tentative date for the Tax Classification Hearing will be December 10, 2013.

William Belcher request City Council make the process for selection of the next city manager, and the same for the next police chief, open to a national search.

Samuel Agyemang-Prempeh request installation of a street light across from 32 Onset St.

Danny Huynh & Thanh Truc Tran request abatement of street betterment assessment #25218 in the amount of $9,231.07 for Danvers St.

Gary Riccardi, et al request Plum St. be resurfaced.

Jo Hart request all City Council Standing Committee meeting start at 5:30 P.M. and follow the protocol of the Zoning Board of Appeals meetings and read at the start of each meeting so that all persons and all petitioners are treated equally and fairly.

Jo Hart request City Council list all petitions, after their first appearance on an agenda, in chronological order at the end of all future City Council agendas so the public can track all processes.

Rita Raleigh request "No Parking Here to Corner" signage for the corner of Maywood and Woodbine Sts.

Todd Holland request installation of resident permit parking in Fraternal Ave. between Ericsson St. and Bourne St.

Todd Holland request installation of handicap parking space across the street from 34 Fraternal Ave.

Kristaq Tiko request installation of handicap parking space in front of 16 Dale St.

Grigorios Psarras of Lincoln House of Pizza request changing the two resident parking spaces on Duxbury Rd. to one resident parking space and one signed 30 minute parking space.

Grigorios Psarras of Lincoln House of Pizza request two 30 minute parking meters in front of 273 Lincoln St.

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for jointly-owned pole location in: VARNEY ST.

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location in: KNOX ST.

Recommend Adoption of a Resolution Relative to the Housing Development Incentive Program (HDIP).

Request City Council Approval of a Zoning Ordinance Amendment Related to Encouraging Compact, Mixed-Use, Pedestrian-Friendly Development

Recommend Adoption of a Resolution Relative to Recognize the Appointment of Eleven Youth Councilors from Worcester's Public, Private and Charter Schools.

Recommend City Council Approval Regarding the CitySquare Downtown Development Project and the Gateway Park Project

Recommend Adoption of a Resolution to File and Accept A FY2014 Sustainable Water Management Initiative Grant with the Massachusetts Department of Environmental Protection.

Recommend City Council Adoption of a Resolution to File and Accept a FY 2013 Assistance to Firefighters (AFG) Grant.

Transmitting Informational Communication Relative to City Council's Request for a Legal Interpretation of a Petition Concerning the National Defense Authorization Act.

Recommend Adoption of a Resolution to File and Accept a Grant from the National Association of County and City Health Officials (NACCHO).

Recommend City Council Adoption of a Resolution to Accept with Gratitude a Donation of Five Thousand Dollars And No Cents ($5,000.00) from the George S. Gordon Living Trust.

Transmitting Informational Communication Relative to the City's Revenues and Expenditures Through October for Fiscal Year 2014, per the City's Five Point Plan.

Recommend that One Hundred Twenty Five Thousand Dollars And No Cents ($125,000.00) be transferred from Loan Account #91C7354, and be appropriated to Account #44C725, Off Season Storage Facility (Sewer), to allow for contractual construction commitments to be met.

Recommend that Seventy Five Thousand Dollars And No Cents ($75,000.00) be transferred from Loan Account #91C7412H, Street Construction - CBD, and appropriated to DPW Account #41C762, Central Business District - Street Construction to allow for the payment of anticipated project obligations per the cash flow procedure.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C7413Q, Street Construction, and be appropriated to DPW Account #41C796, Downtown Streets & Sidewalks Improvements, to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C764, Sewer Pumping Station Capital Program, per cash flow procedures.

Recommend that One Million Three Hundred Ten Thousand Dollars And No Cents ($1,310,000.00) be transferred from Loan Account #91C7133B, Water Mains, and be appropriated to DPW Account #45C720, Water Mains, to allow 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 #91C7414A, Street Construction, and 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 Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account # 91C7844, Park Improvements, and be appropriated to Parks Account # 72C70220, Elm Park, to allow for current and anticipated payments as per the cash flow procedure.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account # 91C7844, Park Improvements, and be appropriated to Parks Account # 72C70217, Greenwood Park, to allow for current and anticipated payments as per cash flow procedures.

Recommend that One Million Eight Hundred Twenty Five Thousand Dollars And No Cents ($1,825,000.00) be transferred as follows: $1,125,000.00 from Loan Account #91C7411J, Streets/Sidewalks, $370,000.00 from Loan Account #91C7413C, Street Construction/Sidewalks/Resurfacing, $330,000.00 from Loan Account #91C7412B, Street Construction/Resurfacing, and that the total amount be appropriated to DPW Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account # 91C7844, Park Improvements, and be appropriated to Parks Account # 72C70214, Institute Park, to allow for current and anticipated payments as per cash flow procedures.

Recommend that Nine Hundred Thousand Dollars And No Cents ($900,000.00) be transferred from Loan Account #91C7412A, Street Construction/Sidewalks, and be appropriated to Account #41C797, Sidewalks, to allow for the payment of current and future obligations.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Loan Account # 91C7843F, Park Improvements - Castle Park, and be appropriated to Parks Account # 72C70237, Castle Park, to allow for current and anticipated payments as per cash flow procedures.

Recommend that Eight Hundred Thousand Dollars And No Cents ($800,000.00) be transferred as follows: $640,000.00 transferred from Loan Account #91C7453D, Sewer Reconstruction, $160,000.00 transferred from Loan Account #91C7452A, Sewer Reconstruction, and the total be appropriated to DPW Account #44C744, Sewer Reconstruction, to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Forty Nine Thousand One Hundred Sixty Six Dollars And Thirty Two Cents ($49,166.32) be transferred from Loan Account # 91C7804, Citywide Capital Equipment, when and as received to Parks Account # 72C701, Parks Equipment, to allow for the purchase and future payment of a Groundsmaster snowthrower.

Recommend that Thirty Three Thousand Nine Hundred Ninety Six Dollars And No Cents ($33,996.00) be transferred from Loan Account #91C7344A, Sewer Capital Equipment, and be appropriated to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of this vehicle per the cash flow procedure.

Recommend that Six Hundred Fifty Thousand Dollars And No Cents ($650,000.00) be transferred from Loan Account # 91C7412B, Street Construction, and be appropriated to DPW Account # 41C791, Worcester Common Street/Sidewalk, to allow for current and anticipated payments as per the cash flow procedure.

Recommend that Fifteen Thousand Dollars And No Cents ($15,000.00) be transferred from Loan Account # 91C7843B, Park Improvements - Beaver Brook, and be appropriated to Parks Account # 72C70208, Beaver Brook to allow for current and anticipated payments as per the cash flow procedure.

Recommend that Two Thousand Dollars And No Cents ($2,000.00) 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 2014 .

Recommend that Three Hundred Thirteen Thousand Six Hundred Thirty Three Dollars And Fifty Two Cents ($313,633.52) be transferred from Account #330-08, Reserve For Appropriation Premium on Loans, and be appropriated to Account #660-92000, Treasury OM, to pay for GOB and BAN issue cost.

Recommend that One Million Five Hundred Four Thousand Six Hundred Twenty Four Dollars And No Cents ($1,504,624.00) be transferred as follows so as to provide sufficient funding for the Off-Street Program for the Second Quarter of Fiscal Year 2014.

Transmitting Informational Communication Relative to the 13th Annual Caffrey Award Nomination Process.

Transmitting Informational Communication Relative to the Festival of Lights Celebration on Friday, December 6, 2013 from 5pm to 8pm on the City Hall Plaza.

Transmitting Informational Communication Relative to the City Manager's Clean Team.

Transmitting Informational Communication Relative to an Update Regarding the Historic Elm Park Footbridge Re-construction and Naming Initiative.

Bruce Berger, CEO of LB Compassion Center, Inc. transmitting notice of their intent to submit a Phase 2 application and to operate a Registered Marijuana Dispensary and if approved that it will be sited in the city of Worcester.

Edward J. Farley, Director of MassDOT Office of Outdoor Advertising transmitting notice of a public meeting concerning an application from Clear Channel Outdoor for two electronic permits at 525-545 Lincoln St. facing I-290, one facing east and the other facing west.

Gregory Morand, Senior Project Manager for Cushing, Jammallo & Wheeler, Inc. on behalf of J&E Realty Development, LLC notifying the city that a Class A-3 Response Action Outcome (RAO) Statement and an Activity and Use Limitation (AUL) for 1068 West Boylston St. and Lot A on Apthrop St. have been submitted to the Massachusetts Department of Environmental Protection (MA DEP)

Mayor Joseph M. Petty request the City Council accept the Letter of Resignation from Michael V. O’Brien as City Manager, effective January 5, 2014, and further, request to proceed to discussion concerning an interim and permanent replacement City Manager, and further, request the City Clerk provide the City Council with details regarding the process and timeline followed during the 1993 City Manager search and appointment process.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 2 Cohasset St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 11 Groton Place.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 57 Paine St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 5 Loxwood St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 2 Stockton St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 86 Lakewood St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking on the easterly corner of Sterling St. and Hillside St.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking in front of #9 to #11 Irving St. from 6:00 PM to 6:00 AM.

Amending the Revised Ordinances of 2008 Relative to An Ordinance to Repair the Impact of the Foreclosure Crisis on the City of Worcester.

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 Petty @ #11d CC – That the City Council of the City of Worcester does hereby appoint Ed Augustus as the next City Manager, term to begin on January 6, 2014 for a period of nine months. Further, Request the Standing Committee on Municipal Operations convene a meeting in executive session for the purpose of strategizing and negotiating with Mr. Augustus a contract for nine months and report to City Council the results of this negotiation no later than December 10, 2013.

Motion Lukes @ #11d CC – Request City Manager request the City Solicitor provide a legal opinion as to how the open meeting law applies to the selection of the City Manager.

Motion Lukes – Suspension of Rules - Request City Manager request the City Solicitor provide a legal opinion regarding recent events concerning the Springfield Anti-Foreclosure Ordinance.

Motion Lukes – Suspension of Rules – Request City Manager submit a legal opinion concerning the impact the federal Telecommunications the Act of 1996 and whether or not it preempts or otherwise displaces the Worcester Zoning Ordinances with respect to the location, operation, or related dimensional considerations of the National Grid “Smart Energy Solutions” base stations/towers or antennas and how this Act limits the criteria the Zoning Board of Appeals may make in ruling on such a smart meter related tower or antenna applications.

PETITION – Councilor Tony Economou request a solar powered or hardwired, trip type, warning light be installed in the vicinity of the Willows on Barry Rd. Extension.

Motion Toomey – Suspension of Rules - Request City Manager provide an update concerning the status of single lane traffic flow controlled by lights on Lake Avenue North.