CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 19, 2010

Esther Howland Chamber

Convened: 7:13 P.M.

Adjourned: 8:55 P.M.

Mayor
Joseph C. O'Brien

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 for the City Council meeting of October 5, 2010.

Reconvened Hearing for CHARTER COMMUNICATIONS for conduit location on: CANTERBURY ST.

Granting permission to CHARTER COMMUNICATIONS for conduit location on: CANTERBURY ST.

Reconvened Hearing for CHARTER COMMUNICATIONS for a conduit location on: LINCOLN ST.

Granting permission to CHARTER COMMUNICATIONS for a conduit location on: LINCOLN ST.

Mayor O'Brien read a Proclamation declaring Thursday, October 21, 2010 as Center for Living & Working, Inc. Independent Day. Mayor O'Brien recognized the presence of Ann Ruder, Executive Director and Board Member Charlie Croteau who addressed City Council.

Ai Choo Quek request abatement of street assessment #24918 in the amount of $11,747.24 on Benson Ave.

Tina Rodriguez request handicap parking space in front of 3 Home St. be removed.

Kathy DaSilva request resident permit parking for Ashmont Ave., on the left side of road, near PNI Club.

Nancy Kelley request to install a handicap parking space at 18 Blanche St.

Ronal Madnick, Director of the Worcester County Chapter of the American Civil Liberties Union of Massachusetts, request that the primary petitioner for any item before City Council be allowed to speak on his or her petition the day it first appears on a City Council agenda. We ask the City Manager request the City Solicitor to amend the Rules of City Council to allow a petitioner to speak on the day their petition first appears on the City Council agenda and request the City Council adopt a "public access" open forum which would take place in the first 30 minutes of any City Council meeting and allow anyone to speak on any item of business on the agenda regardless of the of its position on the agenda. Further, request the City Manager request the City Solicitor amend the Rules of City Council to allow a "Public Access" open forum within the City Council agenda for a trial period of ten consecutive meetings of the City Council. A person can only speak once, either when their petition first appears or during the public access period but not both.

Transmitting Informational Communication Relative to the Reappointment of Timothy McCann to the Historical Commission.

Transmitting Informational Communication Relative to the Appointment of Robert Grogan to the G.A.R. Memorial Board of Trustees.

Transmitting Informational Communication Relative to the Reappointment of Daniel Bondzie to the Affirmative Action Advisory Committee.

Transmitting Informational Communication Relative to the Appointment of John Ford to the Community Development Advisory Committee.

Transmitting Informational Communication Relative to the Appointment of Christopher Condon to the Citizens Advisory Council.

Transmitting Informational Communication Relative to the Appointments of Kristen Leboeuf, Kathleen Linton and Daisy Reeves to the Advisory Committee on the Status of Women.

Transmitting Informational Communication Relative to the Appointment of Stephen Stolberg to the Commission on Disabilities.

Transmitting Informational Communication Relative to the Property Located at 180 - 184 Main Street.

Transmitting Informational Communication on a Recycling Pilot Program.

Transmitting Informational Communication Relative to the Status of the Upper Blackstone Water Pollution Abatement District's (UBWPAD) Appeal of the 2008 National Pollutant Discharge Elimination System (NPDES) Permit as Issued by the Environmental Protection Agency (EPA).

Transmitting Informational Communication Relative to the 2010 Fall Leaf Collection Program.

Transmitting Informational Communication Relative to Graffitti Removal Partnership.

Transmitting Informational Communication Relative to the Recent Vandalism at Beaver Brook Park.

Transmitting Informational Communication Relative to a Regional Emergency Communications Center.
Refer to CCM Item 9.38A

Recommend Adoption of an Order to Authorize an Amendment to the Lease of the Family Service Organization of Worcester, Inc. at the Worcester Senior Center.

Transmitting Informational Communication Relative to an Update on the Activities, Accomplishments and Goals of the Office of of Human Rights and Disabilities and Respective Boards and Commissions.

Transmitting Informational Communication on Year-to-Date Revenues, As of August 31, 2010.

Transmitting Informational Communication Relative to the Sale of Collector's Deeds.

Transmitting Informational Communication Relative to Universal Changes to the Municipal Rating Scales by the Major Bond Rating Agencies.

Recommend the adoption of a Loan Order in the amount of Two Million Dollars And No Cents ($2,000,000.00) be appropriated to Account #91C7111D, Citywide Building Rehabilitation, to fund the rehabilitation of the city's regional emergency communication center.
Refer to CCM Item 9.18A

Transmitting Informational Communication Relative to the Early Retirement Incentive (ERI) Program.

Tranmitting Informational Communication Relative to the use of Social Media for City Business.

Transmitting Informational Communication Relative to Vacancies on City Boards, Commissions or Advisory Committees.

Transmitting Informational Communication Relative to the City's Animal Shelter Services.

Transmitting Informational Communication Relative to the Adoption of Section 27 and 28 of Chapter 131 of the Acts of 2010 by the Worcester Retirement Board.

Communication of the City Manager transmitting informational communication relative to the 2009 Leaf Collection Program. (Tabled - Haller June 1, 2010)

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)

Communication of the City Manager recommend adoption of an Order to Adopt a Local Option to increase the Survivor Allowance from $6,000 to $9,000 Annually as of January 1, 2011. (Tabled - Lukes October 12, 2010)

Resolution of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in opposition to question #1 appearing on the November 2, 2010 state election ballot. (Tabled - O'Brien October 5, 2010)

Motion Palmieri @ #9.14B CM - Request City Manager contact Senator Kerry's Office to request assistance in finding some result to the city's protest concerning the 2008 NPDES permit.

Motion Haller @ #9.14C CM - Request City Manager request the Director of Communications research and make recommendations for enhancements to the Reverse 911 system to ensure as many residents as possible can be reached for various purposes.

Motion O'Brien @ #9.14C CM - Request City Clerk request the Election Commission to consider adding a request to the annual Street Listing mailer to request residents for their cell phone numbers so that they may be given to the Department of Public Works & Parks for addition to the Reverse 911 System.

Motion Haller @ #9.14D CM - Request City Manager report to City Council the success rate for arrests of graffiti perpetrators and also provide a summary of the consequences of their apprehension.

Motion Haller @ #9.18A CM - Request City Manager report to City Council the impact a regional communications center might have on emergency service calls in Worcester and plans to assure service does not degrade but improves.

Motion Lukes @ #9.34A CM - Request City Manager provide City Council a report concerning 1) a legal definition of a “Collector's Deeds”; 2) process for the sale of a “Collector's Deeds”; 3) how a property becomes part of the “Collector's Deeds” process; and 4) the process for selling a “Collector's Deeds” and if not sold what happens to that property.

Motion Haller @ #9.39A CM - Request City Manager provide City Council, after October 29, 2010, with the final number of the participants in the Early Retirement Incentive program.

Motion Clancy @ #9.39A CM - Request City Manager provide City Council with the complete list of the vacant positions resulting from the Early Retirement Incentive Program, a list of other vacant authorized positions yet unfunded and a list of positions that might be filled.

Motion Lukes @ #9.39E CM - Request City Manager provide City Council with the total cost of the additional pension benefits, who is in line to receive this benefit and what are the anticipated future liabilities.

Councilor Germain, Chairman of the Municipal Operations Committee, requested the following Report and two Orders be submitted for consideration - Approved

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Order of Councilors Michael J. Germain, Joseph M. Petty, Paul P. Clancy, Jr., Barbara G. Haller, Konstantina B. Lukes, Kathleen M. Toomey, Frederick C. Rushton, Joffrey A. Smith, William J. Eddy and Mayor Joseph C. O'Brien - Request City Councils Standing Committee on Municipal Operations meet to initiate employment contract negotiations with the City Auditor: recommend Order be placed on File.

ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - That the City Council of the City of Worcester does hereby authorize the Mayor Joseph C. O'Brien to execute the attached employment contract with James A. DelSignore, C.P.A., as City Auditor.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request the City Manager recommend to the City Council an appropriation sufficient to fund the employment contract with the City Auditor.

Motion O'Brien - Suspension of Rules - Request City Manager report to City Council with the potential net savings from the Auditor's Department when positions are vacated due to the Early Retirement Incentive Program and plans for reorganization.

Councilor Clancy, Chairman of the Public Works Committee, requested the following Report be submitted for consideration - Approved

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Candidate List of Petitioned Streets for Future Resurfacing Programs: recommend adoption of the accompanying Order.

Motion Toomey - Suspension of Rules - Request City Manager provide City Council with a report concerning the feasibility of reopening Marsh Ave. for access to the restaurant, the Grill on the Hill, at the Greenhill Park golf course.

Motion Toomey - Suspension of Rules - Request City Manager respond to a request for the establishment of a Blackstone Square in Harding St. at a location to be determined.

Motion Toomey - Suspension of Rules - Request City Manager provide periodic speed enforcement where Chilmark St. intersects with Adams St., due to recent accidents.

Motion Palmieri - Suspension of Rules - Request City Manager consider allowing the public to purchase non-ALB tree limbs generated by the Parks Department.