CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 16, 2010

Esther Howland Chamber

Convened: 7:19 P.M.

Adjourned: 8:50 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 26, 2010.

Mayor O'Brien read a proclamation declaring Tuesday, November 23rd as Edwin Rodriguez Day. Mayor O'Brien recognized and invited former Councilor Juan Gomez to speak; Mr. Gomez extended an invitation to an event on November 23rd honoring Mr. Rodriguez not only for his boxing achievements but also for his community activism.

Mayor O'Brien recognized and invited City Manager O'Brien to provide City Council with an update concerning off-campus behaviors of students attending the College of the Holy Cross. The City Manager requested City Council to hold any discussion until next Tuesday; this would allow him time to work with Father McFarland to set clear rules and responsibilities as well as clearly defined codes of conduct for students and bring this matter to a successful close.

Mayor O'Brien recognized the presence of students from Clark University who are present to record the proceedings of the City Council meeting.

Mayor O'Brien recognized Councilor Petty who thanked the Mayor, State Representative Pedone and Councilor Germain for their role in requesting a 15 day cooling off period and requested the City Manager to make comments concerning the ongoing WRTA contract negotiations. City Manager O'Brien stated that federal mediation is scheduled for November 23rd and that all parties agree that the passenger is the first priority. The City Manager also responded to questions and remarks from Councilors Germain, Lukes, Toomey, Rushton and Haller.

Councilor Haller moved to request City Manager update City Council concerning the closing of the PIP Shelter. City Manager O'Brien apologized for the delay but intends to bring a full report to City Council on Tuesday, November 23rd.

Veronica Bello request Wall St. be also named in honor of Joe Aboody, former proprietor of the El Morroco Restaurant on Wall St.

Ann Olson request handicap parking space in front of 16 Hitchcock Street be removed.

Dolores Buckley request to install handicap parking space in front of 11 Morningside Rd.

Nashalee Cruz Boakye request to install resident permit parking between 47-53 Cutler St.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Wireless Communication Equipment from David Clark Company to the Worcester Fire Department.

Transmitting Informational Communication Relative to the Worcester Regional Tobacco Control Collaborative.

Transmitting Informational Communication Relative to a Partnership between the Office of Human Rights and Disabilities and the Central Massachusetts Workforce Investment Board (CMWIB).

Transmitting Informational Communication Relative to the Development of a Voluntary Emergency Preparedness Registry for People Requiring Additional Assistance.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C7840B, Park Improvements, and be appropriated to Parks Account #72C70205, Vernon Hill, to fund contractually obligated payments.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C7840B, Park Improvements, and be appropriated to Parks Account #72C70214, Institute Park, to fund anticipated construction expenses.

Recommend that Twenty Thousand Four Hundred Thirty Dollars And No Cents ($20,430.00) be transferred from Loan Account #91C7311A, Water Capital Equipment, and be appropriated, when and as received, to Account #45C703, Water Capital Equipment to allow for the purchase and future payment of a vehicle.

Recommend that Thirty Three Thousand One Hundred Eighty Eight Dollars And No Cents ($33,188.00) be transferred from Account # 91C711, Building Rehabilitation, and be appropriated to #50C704, Public School Building Rehabilitation, to fund approved building rehabilitation projects.

Recommend that Fifty Thousand Eight Hundred Dollars And No Cents ($50,800.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C70210, Indian Hill, to fund contractual obligations.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C704, Bear Brook, to fund lighting upgrades.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C708, Knights of Columbus.

Recommend that Eight Hundred Three Thousand Nine Hundred Sixty Nine Dollars And Twenty Five Cents ($803,969.25) be transferred to and from various accounts so as to provide sufficient funding for the Off-Street Parking Program for the Second Quarter of Fiscal Year 2011.

Transmitting Informational Communication Relative to the City's Snow and Ice Removal Ordinance.

Transmitting Informational Communication Relative to an Update on the CSX Project.

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)

Councilor Rushton, Chairman of the Economic Development Committee, requested the following Two (2) Reports be submitted for consideration - Approved

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board upon the Petition of Michael V. O'Brien, City Manager, request zone change for 15-17 Putnam Lane from RL-7 to MG-2: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board upon the Petition of Michael V. O'Brien, City Manager, request zone change for railroad track heading north and east toward Plantation St. from RL-7 & BG-2 to MG-2: recommend passage of the accompanying proposed Ordinance.

Motion Palmieri - Suspension of Rules - Request City Manager hold several informal meetings with the neighborhood being impacted by the CSX Worcester Intermodal Facility Improvement Project to discuss the MEPA review and the environmental impact report. (Palmieri)

Councilor Clancy, Chairman of the Public Works Committee, requested the following Five (5) Reports be submitted for consideration - Approved

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Robert L. Moylan, Jr., Commissioner of Public Works & Parks, request the discontinuance of a portion of Putnam Lane from Franklin St. to the Railroad Bridge: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Robert L. Moylan, Jr., Commissioner of Public Works & Parks, request the approval of Revised Street Layout for Franklin St. and new sidewalks; public street takings and abandonments, as necessary: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petiton of Robert L. Moylan, Jr., Commissioner of Public Works & Parks, request the approval of construction by CSX of an overpass on Franklin St. over the proposed terminal access; acceptance of overpass upon completion and grant of easement to CSX for traffic flow beneath the overpass: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Robert L. Moylan, Jr., Commissioner of Public Works & Parks, request the approval of the relocation of existing utilities at the Putnam Lane closure under the railroad bridge: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Robert L. Moylan, Jr., Commissioner of Public Works & Parks, request the approval of the installation/relocation of utilities in Franklin St. to provide services to the expanded terminal: recommend adoption of the accompanying Order.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting communication relative to the Petitions and Zone Changes and the Environmental Notification Form for the CSX Worcester Intermodal Facility Improvement Project.

Motion Lukes @ #9.24A CM - Request City Manager develop a program for alcohol, similar to the Tobacco Control Collaborative model, and expand the program to include the education of underage college students.

Motion Toomey @ #9.24A CM - Request City Manager consider whether it would be feasible to include weight loss management programs as part of the effort to combat tobacco dependency.

Motion Lukes @ #9.27B CM - Request City Manager report to City Council as to whether the registry of people who may require assistance in the event of a natural or manmade disaster is subject to a freedom of information request and how to prevent this list from being made accessible to anyone since this information could be easily misused.

Motion O'Brien @ #9.27B CM - Request City Clerk report to City Council as to the feasibility and legalities of adding to the city census a check box for registering people requiring additional assistance during an emergency situation.

Motion Toomey @ #9.27B CM - Request City Clerk report to City Council as to the Election Division's ability to keep the census data up to date to prevent the returning of census forms.

Motion Haller @ #9.39A CM - Request City Manager send a copy of City Manager's item #8.39A to all the neighborhood and business associations.

Motion Petty - Suspension of Rules - Request City Manager request the administration at the WRTA to provide City Council with a report regarding the progress made to increase ridership, the relationship of all parties that make up the WRTA, how the WRTA is funded by public and private monies and a financial impact statement. Further, request the administration at the WRTA provide a list of routes that have been cut and/or expanded over the last ten years.

Motion Lukes - Suspension of Rules - Request City Manager report on the date for the tax classification vote and include in the report what calculation and rates, if any, would maintain the same out of pocket payments based upon the current tax rates for commercial and residential property owners.

PETITION - Councilor Philip P. Palmieri request to remove the “No Parking” sign in front of 70 West Boylston St.

PETITION - Councilor Philip P. Palmieri request sidewalk repair at 251-259 Beverly Rd.

PETITION - Councilor Paul P. Clancy, Jr. request the private portion of Albany St. be converted to a public way.

Motion Clancy - Suspension of Rules - Request City Manager provide City Council with a report regarding the awarding of a towing services contract; include in the report when it will go out for bid, and if not, why.

Councilor Rushton moved to amend: Further, request City Manager include in the report as to the last time a towing services contract was put out for bid, the process used for each of the past five years for determining when a contract is put out for bid or not, and any communications from various potential towing providers.

Councilor Lukes moved to amend: Further, request City Manager consider including in the bid a requirement to accept credit cards and personnel checks.

PETITION - Councilor Michael J. Germain request emergency sidewalk repair between 9 & 17 Kelly Sq.

PETITION - Councilor Joffrey A. Smith request sidewalk repair in front of 24 Leslie Rd.