CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 29, 2011

Esther Howland Chamber

Convened: 7:17 P.M.

Adjourned: 9:35 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 of the City Council meeting of November 15, 2011.

Mayor O'Brien recognized the Worcester Cowboys Youth Football Team and invited them to say a few words. Michael Girardi, a member of the team, announced that his team won the Regional's and can advance to the Nationals in Orlando, FL on December 3rd only if they can raise the funds and on behalf of his team requested donations to make this possible.

Michael Kacergos request abatement of street betterment assessment #24924 in the amount of $11,488.35 for Rosita Rd.

Sandra Quinlan et al request Private Street Betterment for Valley View Lane.

Ibtisam Zachi request handicap parking space in front of 131 Fairmont Ave.

Joan Crowell request that accommodations be made for taxpayers who will be unable to park in the City Hall garage during the FY 2012 Public Disclosure Process and the Abatement Period.

Joan Crowell request that public information be made available, listing all parcels that required adjustments to property information, and indicate corrections that were made to the existing records, as a result of the field reviews by KRT and Clipboard Appraisal data collectors.

Joan Crowell request that all property owners are provided with an information sheet, explaining the FY 2012 Revaluation Process, with emphasis on the importance of attending one of the Public Disclosure Hearings. This document could be mailed with the 3rd quarter tax bills, or enclosed with the Property Information Data Sheets.

Transmitting Informational Communication Relative to the Worcester Energy Initiative.

Recommend Adoption of Two Orders to Execute Lease Agreements for the Commercial Space in the Premises Located within the Municipally-Owned Major Taylor Boulevard Parking Garage.

Transmitting Informational Communication Relative to the Community Development Block Grant (CDBG) Year 38 Allocation Process.

Transmitting Informational Communication Relative to the Construction Progress Report for the Quarter Ending, September 30, 2011.

Transmitting Informational Communication Relative to the City's Winter Parking Ban.

Transmitting Informational Communication Relative to the Receipt of a Massachusetts Water Works Association Award by Department of Public Works and Parks Employee Philip Guerin, Director of Environmental Management Systems.

Transmitting Informational Communication Relative to a Status Report for the Clean Up of the October 29th Snowstorm.

Recommend Adoption of a Resolution to Accept with Gratitude, a Donation of Five Hundred and Sixty Five Dollars ($565.00) from Skyhawks Sports Academy, Inc.

Recommend Adoption of a Resolution to Accept a Grant in the Amount of Sixty Three Thousand Dollars ($63,000) from the Massachusetts Cultural Facilities Fund and the Massachusetts Development Finance Agency for Continued Improvements to Institute Park.

Transmitting Informational Communication Relative to any Impact the Alterations of Coral Street would have on Emergency Vehicles Response Times to this Area.

Recommend City Council Accept a Gift from CBS Local Media in Cooperation with Walgreen's Pharmacies, of TV and Radio PSAs Relative to Public Health Issues at No Cost to the City.

Transmitting Informational Communication Relative to Analysis and Changes to Land Valuations as Part of the Fiscal Year 2012 Recertification Process.

Recommend that Seventy Five Thousand Dollars And No Cents ($75,000.00) be transferred from Loan Account #91C711, Citywide Building Rehabilitation, and appropriated to DPW Account #41C704, Building Rehabilitation to allow for the payment of current and anticipated obligations per the cash flow procedure.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C741, Street Construction and Fifty Thousand Dollars and No Cents ($50,000.00) be transferred from Loan Account #91C7410F, Street Construction, and that the total of $200,000.00 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 Seven Hundred Ten Thousand Dollars And No Cents ($710,000.00) be transferred from Loan Account #91C7452A, Sewer Reconstruction, and 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 Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C7451E, Sewer Capacity Mgt. and Two Hundred Thousand Dollars and No Cents ($200,000.00) be transferred from Loan Account #91C7452E, Sewer CMOM, and that the total of $400,000.00 be appropriated to DPW Account #44C732, Sewer System Control Plan to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) from Loan Account #91C732, be transferred to Account #45C725, Off Season Storage Facility (Water) and that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account #91C7351B, to Account #44C725, Off Season Storage Facility (Sewer) and Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Loan Account #91C7321A, to Account #45C725, Off Season Storage Facility (Water), as to allow for contractual construction commitments to be met.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C715, Dam Improvements, and be appropriated to DPW Account #41C706, Coes Reservoir Dam, to allow for the processing and anticipated payments associated with engineering services at this location.

Recommend that One Million Five Hundred Twenty Seven Thousand Dollars And No Cents ($1,527,000.00) be transferred from Account #91C7111A, Building Rehabilitation City & Schools, and be appropriated to Account #04C754, Citywide/School Energy Improvements, to fund citywide energy improvements.

Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from Loan Account # 91C7842D, Green Hill Park, and appropriated to Parks Account # 72C707, Green Hill Park to allow for contractually obligated payments.

Recommend that Thirty Thousand Dollars And No Cents ($30,000.00) be transferred from Loan Account # 91C7842E, Mulcahy Field, and appropriated to Parks Account # 72C70227, Mulcahy Field to allow for contractually obligated payments.

Recommend that Forty Five Thousand Dollars And No Cents ($45,000.00) be transferred from Loan Account # 91C7842F, Harrington Way, and appropriated to Park Account # 72C70226, Harrington Way to allow for contractually obligated payments.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account # 91C7842H, Kendrick, and appropriated to Parks Account # 72C70225, Kendrick Field to allow for contractually obligated commitments.

Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from Loan Account # 91C7840B, Park Improvements, and appropriated to Park Account # 72C70214, Institute Park to allow for contractually obligated payments.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account # 91C7092A, City Hall Plaza, and appropriated to Account # 14C714, Worcester Common Rehabilitation, to allow for contractually obligated payments.

Recommend that Thirty Thousand Dollars And No Cents ($30,000.00) be transferred from Loan Account # 91C711, Building Rehab Forestry, and appropriated to Parks Account # 72C70219, Forestry Facility to allow for contractually obligated payments.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7242B, Street Lighting Equipment, and be appropriated to DPW Account #41C712, Street Lights to allow for the purchase and payment of anticipated lighting equipment and services per the cash flow procedure.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account # 91C7842J, East & Holmes, and be appropriated to Parks Account # 72C70216, East Park for processing payments of contractually obligated commitments.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account # 91C7841M, Aquatic Demolition, and be appropriated to Account # 72C70221, Aquatic Facility Demolition to allow for contractually obligated payments for the pool demolitions.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Loan Account # 91C7842C, Elm Park, and be appropriated to Parks Account # 72C70220, Elm Park to allow for processing of contractually obligated payments.

Recommend that the loan order this Council adopted on July 19, 2011, which authorized the borrowing of Four Hundred and Fifty Thousand Dollars ($450,000), for Park Improvement, Indian Hill Salter School Property, be hereby amended in its entirety.

Transmitting Informational Communication Relative to Destination Worcester.

Transmitting Informational Communication Relative the Holiday Tree Lighting Ceremony and the Holiday Snowflake Decorations by Worcester Technical High School Students.

Transmitting Informational Communication Relative to the Eleventh Annual Caffrey Memorial Award.

Transmitting Informational Communication Relative to the City's Vacant and Foreclosing Property Ordinance and Bank of America.

Transmitting Informational Communication Relative to the Temporary Location of the Triage and Assessment Center.

Amending the Salary Ordinance of August 20, 1996 - Occupational Group P - Foreman and Supervisor (Snow Operations Inspector & Supervisor)

Amending the Salary Ordinance of August 20, 1996 - Occupational Group A - Administrative and Supervisory (Stress Coordinator, Police)

RESOLUTION: That the City Council of the City of Worcester hereby respectfully request UMass Medical Center, specifically President John O'Brien working with City Manager Michael O'Brien, enter into an agreement with SMOC to lease adequate space at this premises for this temporary purpose that will be managed solely by SMOC. (Eddy, Petty, Lukes, O'Brien, Rushton, Haller, Toomey, Smith, Clancy, Germain) (Tabled - Palmieri November 22, 2011)

PETITION of Cara Lisa Berg Powers, Human Rights Commission, request the City to sign on to the national "Drop the I-Word" campaign to replace the word illegal when referring to any human being's immigrant status with "undocumented" (Tabled - Lukes November 22, 2011)

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)

ORDER of Mayor Joseph C. O'Brien - Request City Manager report to City Council concerning the legal authority that college police officers have in patrolling non campus areas of the city and in questioning non-students as part of off campus patrols. (Tabled - O'Brien September 6, 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: Michael V. O'Brien, City Manager, transmitting informational communication relative to the Triage and Assessment Center.

Councilor Clancy, Chairman of the Public Works Committee, requested the following five (5) Reports be submitted for consideration:

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Committee on Public Works Upon the Report of the Planning Board Upon the Petition of Attorney Robert Longden, on behalf of the Trustees of Clark University, request the discontinuance of Downing St. as a public way from Woodland St . to Florence St. and for the removal of Downing St. from the Official City Map: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Attorney Robert Longden on behalf of the Trustees of Clark University request approval of a twenty (20) foot wide driveway curb cut at the junction of Woodland St. & Downing St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Committee on Public Works Upon the Communication of the City Manager relative to the traffic impact of closing Downing Street from Woodland Street to Florence Street: recommend Report and Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Downing Street Closure Traffic Survey and Impact Report: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Chairman's Order - Request the City Council of the City of Worcester name the plaza at the rear of City Hall in honor of former President John F. Kennedy and that the City Manager is requested to arrange for the annual presentation of a Jacob Hiatt Award that recognizes a local resident for public service contribution, and further request that the City Council's Standing Committee on Rules and Legislative Affairs be requested to establish parameters for presenting the award annually on the plaza during the Month of May, the month of the former president's birth: recommend adoption of the accompanying Order.

Motion Haller @ #10a CC - Request City Manager conduct a community meeting concerning the opening of the Triage & Assessment Center at 701 Main St.

Motion Haller @ #8.4C CM - Request City Manager send a copy of calendar item #8.4C to all the neighborhood centers.

Motion Clancy @ #8.9A CM - Request City Manager send a copy of calendar item #8.9A to State Representative Fresolo, State Senator Moore, Oak Hill CDC and the neighborhood centers and crime watch groups in the Grafton Hill area.

Motion Clancy - Suspension of Rules - That the City Council of the City of Worcester hereby extends their gratitude to all that participated at the Election Recount held on Monday, November 28th which included the participation of the City Auditor James DelSignore and CFO Thomas Zidelis. This coordinated effort with the Election Commission allowed for a quick but productive and efficient recount.

PETITION - Councilor Barbara G. on behalf of Frances Anthes, Family Health Center, request crosswalk installation across Chandler St. at 199 Chandler St. in the interest of public safety.

Motion Haller - Suspension of Rules - Request City Manager consider altering the leaf pickup procedures to use towing of vehicles that impede the leaf pick up effort.

Motion Palmieri - Suspension of Rules - Request City Manager provide City Council with an update concerning a timetable for replanting efforts in Dodge Park.

Motion Palmieri - Suspension of Rules - Request City Manager report to City Council as to when the abandoned house near Randolph Rd. will be demolished.

Motion Palmieri - Suspension of Rules - Request the Police Chief provide speed enforcement in Davidson Rd.

Motion Palmieri - Suspension of Rules - Request City Manager requests the Department of Public Works & Parks plant trees on even numbered side of Davidson Rd.

Motion Palmieri - Suspension of Rules - Request City Manager provide City Council with a comprehensive report concerning vendors of tobacco that includes the following: 1). the number of licensed vendors within the city; 2) the number of compliance inspections completed in calendar year 2011; 3) the number of educational inspections completed in calendar year 2011; 4) the number of commonwealth trained and certified tobacco inspectors working within the city; and 5) provide a monthly report that contains the number of assigned tobacco inspections, when inspections were completed, and the name of the tobacco inspector.

Motion Toomey - Suspension of Rules - Request City Manager place a radar monitor in Lincoln St. at the sites where the two recent pedestrian deaths occurred.

Motion Toomey - Suspension of Rules - Request City Manager provide City Council with a report regarding pedestrian accidents and deaths that have occurred over the past several years that includes the circumstances and location for which these events occurred. Further request a list of all crosswalks that need to be repainted and prioritized the list as follows: 1) schools; 2) troublesome areas; and 3) new installations.

Motion Toomey - Suspension of Rules - Request City Manager form a team that would work on writing a grant for the education of appropriate pedestrian safety rules and reminders that convenience is not worth your life. Further, request the team find funding for pedestrian signage and crosswalk paintings.

Motion Toomey - Suspension of Rules - Request City Manager make sure the street light at 37 Shaffner St. is replaced.

Motion Petty - Suspension of Rules - Request City Manager provide a timeline concerning the CSX streetscape project and funding sources.