CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 15, 2011

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 9:24 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 October 25, 2011.

Mayor O'Brien recognized and invited Gordon Hargrove, Executive Director of Friendly House, to say a few words. Mr. Hargrove announced that the Interfaith Hospitality Network in partnership with Friendly House is planning to open a family shelter at 91 June St. Rev. Jan Charpentier invited anyone interested to a public hearing taking place at Blessed Sacrament on November 16, 2011 concerning the opening of this new facility.

Mayor O'Brien recognized the presence of the Occupy Worcester group and invited them to speak before City Council:

Shreena Bindra, a Worcester resident and a member of Occupy Worcester, addressed City Council and presented four requests for information (see attachment and calendar item #12b)

Sean Halper was also recognized and he addressed City Council regarding the police involvement during their demonstration.

Mayor O'Brien made a motion which was amended by Councilors Clancy, Petty and Rushton (see item #12c)

Councilor Rushton moved to formally submit on behalf of by Occupy Worcester their requests for information.

City Manager, at the request of Councilor Lukes responded to the complaint of police harrassment, he stated with confidence that there was no police harrassment taking place and the police have acted appropriately.

Councilor Lukes submitted a Resolution (see item #12d)

Joe Perec request sidewalk repair in front of 32 Suffield St.

Regina Todd request abatement of sewer assessment, cost of sewer pump and installation, for 30 Breeze Dr.

Andrea Savastano request sidewalk repair in front of 33 Tampa St.

Terrence & Christine Sullivan request sidewalks be replaced in front of 12 Massachusetts Ave.

Stephanie Harris request to amend Resident Permit Parking Ordinance Chapter 13 Section 40 (o) of the Revised Ordinances of 2008 so that temporary parking permits can be issued to state agencies such as DCF (Department of Children & Families).

Cheryl Mita request to rescind resident permit parking in front of 30 Randolph Rd.

Angel Heben request to install a handicap parking space in front of 59 New Vista Lane.

Graciela Estremera request installation of resident permit parking on Fay St.

Olga Lopez request the resident permit parking on Beaver St. be extended to include #33 to 39 Beaver St.

Annie Walters request installation of a handicap parking space in front of 61 Dorchester St.

Councilor Frederick C. Rushton on behalf of George Panagiotou request installation of resident permit parking in Norman Avenue.

Nichole Panagiotou et al request the installation of a stop sign at the intersection of Hadwen Rd. and Havelock Rd.

Kenneth Brown request improved traffic markings at the intersection of Mill and Chandler Sts. to prevent the blocking of Mill St. when traffic is heavy.

Daisy Zorrilla request installation of resident permit parking in front of 93 Providence St.

Adrienne Sicard request the installation of handicap parking space in front of 12 Harlow St.

Daniel Nugent request installation of resident permit parking between 341 and 377 Lovell St.

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a joint pole location: SALISBURY ST.

NATIONAL GRID for a conduit location: DRAPER ST.

Transmitting Informational Communication Relative to the Appointment of Elaine Wrubel and Reappointments of Stephen Greenberg and Nicholas Kalstas to the Elder Affairs Commission.

Transmitting Informational Communication Relative to the Appointment of Nicholas Cuba to the Off-Street Parking Board.

Transmitting Informational Communication Relative to the Appointments of Meagen Mulherin and Andrew Shveda to the Historical Commission.

Transmitting Informational Communication Relative to the Appointment of Jeffrey Miller and Udeme Ukpong to the Human Rights Commission.

Transmitting Informational Communication Relative to the Appointment of Kelly Momberger and the Reappointment of Helen Beaumont to the Worcester Arts Council.

Transmitting Informational Communication Relative to the Reappointment of Stephen Rolle to the Planning Board.

Transmitting Informational Communication Relative to the Reappointment of William Daring to the Parks and Recreation Commission.

Transmitting Informational Communication Relative to the Appointment of Coreen Gaffney and Todd Williams to the Citizens Advisory Council.

Transmitting Informational Communication Relative to the Appointment of Arthur Jarrett and Dimitry Jean-Noel to the Affirmation Action Advisory Committee.

Recommend the Adoption of the Attached Salary Ordinance Amendment in Order to bring the Ordinance into Compliance with Changes Enacted in the Fiscal Year 2012 Budget.

Recommend the Adoption of the Attached Salary Ordinance Amendment and Change in the Worcester Police Departments Table of Organization.
Refer to CCM Item 8.29C

Recommend Adoption of a Resolution to File and Accept a Four Hundred Thousand Dollar ($400,000) Grant from the U.S. Environmental Protection Agency's Brownfields Assessment, Revolving Loan Fund and Clean Up Grant Program.

Recommend Adoption of a Resolution to Accept a Sub-Contract from the City of Lowell through the Department of Transitional Assistance to the City's Workforce Development Career Center Office.

Recommend Adoption of a Resolution to File and Accept a Grant from the US Department of Health and Human Services through the Massachusetts Office for Refugees and Immigrants.

Transmitting Informational Communications Relative to the City's Cable Services Division.

Transmitting Informational Communication Relative to the Delay of the City's Fall Leaf Collection Program.

Transmitting Informational Communication Relative to the Downing Street Closure Traffic Survey and Impact Report.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Storm Debris and Leaf Collection Status.

Recommend that City Council Accept with Gratitude a Donation of Five Hundred (500) Potholders from the Massachusetts Property Underwriting Insurance Association - The Fair Plan.

Transmitting Informational Communication Relative to an Update on the City's Completion of Phase 1 of the Massachusetts Department of Public Health's Public Health District Incentive Grant Program.

Transmitting Informational Communication Relative to the Great American Smoke Out on November 17, 2011.

Transmitting Informational Communication Relative to the City's Third Prescription Drug Take-Back Day.

Transmitting Informational Communication Relative to the Real Estate Tax Appeal Period.

Recommend that Four Hundred Eight Thousand Seven Hundred Ninety Eight Dollars And No Cents ($408,798.00) be transferred from Account #91C7802A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #26C701, Worcester Fire Department Capital Equipment, to fund the purchase of a new fire engine.

Recommend that Seven Thousand Two Hundred Thirty Four Dollars And Forty Cents ($7,234.40) be transferred from Loan Account #91C7311A, Water Capital Equipment, when and as received and be appropriated to Account #45C703, Water Capital Equipment to allow for the purchase and future payment of this equipment per the cash flow procedure.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred as follows: $200,000.00 from Loan Account #91C7392B, Trunk Sewers / Interceptors, and $200,000.00 be transferred from Loan Account #91C7390B, Trunk Sewers / Interceptors and the total of $400,000.00 be appropriated to DPW Account #44C750, Lateral Sewers to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Five Thousand Eight Hundred Eighty Six Dollars And No Cents ($5,886.00) be transferred from Loan Account #91C7800A, Capital Equipment, when and as received and be appropriated to DPW Account #41C703, Capital Equipment to allow for the purchase and future payment of this much needed plotter for the Engineering Division.

Recommend that Four Hundred Four Thousand Dollars And No Cents ($404,000.00) be transferred from Loan Account #91C7131B, Water Mains, and be appropriated to DPW Account #45C720, Water Mains to allow for the payment of current and future obligations.

Recommend that Two Million Dollars And No Cents ($2,000,000.00) be transferred from Loan Account #91C7411K, Street Construction, and appropriated to DPW Account #41C799, Street Resurfacing 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 #91C7152A, Dam Rehabilitation, and be appropriated to DPW Account #41C707, Dam Safety to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from Loan Account #91C7412L, North Lake Ave Linear Park Design, and be appropriated to DPW Account #41C764, North Lake Ave Linear Park to allow for the payments associated with this project per the cash flow procedure.

Recommend that Twenty Two Thousand Seven Hundred Dollars And No Cents ($22,700.00) be transferred from Loan Account # 91C7801A, Capital Equipment, when and received and be appropriated to Parks Account # 72C701, Parks Equipment to allow for the purchase and future payment of this chipper.

Recommend that Five Thousand Six Hundred Ninety Five Dollars And No Cents ($5,695.00) be transferred from Account #91C7112A, City-wide Capital Rehabilitation , to Account # 34C702, Elder Affairs Capital Rehabilitation.

Recommend that Thirty Seven Thousand Seven Hundred Sixty Four Dollars And Forty Cents ($37,764.40) be transferred from Loan Account # 91C7802A, Capital Equipment, and be appropriated to Parks Account # 72C701, Parks Equipment to allow for the purchase and future payment of this Commercial Lawn Mower with attachments .

Recommend that Four Hundred Fifty Thousand Dollars And No Cents ($450,000.00) be transferred from Account #91C7452F, Sewer Construction, and be appropriated to Account #44C771, Infiltration, to allow for the payment of current and future obligations.

Recommend that Eight Hundred Forty One Thousand Three Hundred Sixty Three Dollars And Seventy Five Cents ($841,363.75) be transferred as follows so as to provide sufficient funding for the Off-Street Parking Program for the Second Quarter of Fiscal Year 2012.

Recommend that Fifteen Thousand Dollars and No Cents ($15,000.00) from Various Accounts be Provided for the Continued Implementation of the City's Comprehensive Plan to end Homelessness.

Recommend that Seventy Thousand Three Hundred Fifty Two Dollars And Thirty Eight Cents ($70,352.38) currently available in Account #250-91000, Police Personal Services, be re-appropriated to fund two new positions in Fiscal Year 2012.
Refer to CCM Item 8.3B

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

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Triage and Assessment Center for Homeless Unaccompanied Adults.

Request City Manager and Mayor to jointly establish an ad hoc committee to study and make recommendations regarding City response to city-wide electrical outages and recommendations for improvement of services provided by National Grid. (Lukes)

Request City Manager provide City Council with a status report regarding limb clean-up and the impact to the fall leaf collection and winter snow preparation efforts. (Eddy)

Request City Manager update City Council as to the current status of federal and state aid for the disaster cleanup. (Clancy, Palmieri)

Request City Manager report on the what, if any, financial incentives are available to homeowners for installation of alternative power sources. (Lukes)

Request City Manager report on the drafting of an ordinance requiring any new construction or major rehabilitation of any multiple housing complex for senior citizens and disabled tenants be required to install back-up generators or electrical power sources. (Lukes)

Request City Manager consider allowing residents to bring tree limbs to the designated drop off sites without having to bundle or cut to the city's specifications. (Palmieri, Clancy)

Request City Manager work with Charter TV3 so that the elections results can be televised live from City Hall. (Toomey)

Request City Manager work with the Public Utilities to immediately develop a tree cutting program that addresses neighborhoods that are impacted by adverse weather storms. (Palmieri, Clancy)

Request City Manager request Direct Air provide an update concerning recent problems that occurred with their flights to the Bahamas, Puerto Rico and Nassau. (Palmieri, Clancy)

COMMUNICATION of the City Manager transmitting informational communication relative to Roll Your Own Tobacco Machines. (Tabled - Germain October 25, 2011)

RESOLUTION of Councilor Frederick C. Rushton, Councilor Joseph M. Petty and Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby opposes the “Strengthening Our Schools” amendment to the state casino bill. (Tabled - Lukes November 1, 2011)

PETITION of Devin Coleman request an investigation to be conducted by City Council into the current location of Mayoral Records as defined by the Massachusetts Public Records Law for all mayors to whom the law is applicable; that being those mayors who left office between 2004 and present day as the law states that records must be retained for public access for seven years. (Tabled - Clancy November 1, 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)

Order - Granting permission to NATIONAL GRID for pole location: MILLBURY STREET (Tabled - Haller November 1, 2011)

Motion Lukes @ #8.17A - Request City Manager provide City Council with a status of MORE (Municipalities Organized for Regional Effectiveness) and report what Central Mass. Regional Planning Commission is planning for this program if it is not going to be utilized.

PETITION - Councilor Frederick C. Rushton on behalf of Shreena Bindra, a member of Occupy Worcester, request the following: 1) Request specific restrictions applied to all lands owned by the city and designated as park property; 2) Request specific restrictions applied to peaceful assembly on city sidewalks beyond the requirements not to obstruct; 3) Request a clarification as to whether all land at Lincoln Square is under city park jurisdiction and therefore under park ordinances; 4) Request clarification on the legal definition and application of the term permanent structure and also how this applies to signs or sign posts and sleeping bags.

Motion O'Brien @ #5b CC - Request the City Manager organize a meeting between the Occupy Worcester group and designees from the city manager's office, police department and the law department to clarify and discuss the rules and regulations of the city that are in place concerning any public assembly and respond to their requests for information.

Clancy moved to amend: Further, request City Manager provide City Council with a report addressing the questions submitted by Occupy Worcester so the answers can be disseminated publicly through the City Council process.

Councilor Rushton moved to amend: Further, request the report be also provided off-calendar.

Mayor O'Brien moved to amend: Further, request the meeting within 24 to 48 hours.

Councilor Petty moved to clarify: Request City Manager provide the report by tomorrow off-calendar so the meeting can take place as soon as possible.

Councilor Clancy moved to clarify: This report can be provided electronically.

The amended Order to read as follows: Request the City Manager organize a meeting between the Occupy Worcester group and designees from the city manager's office, police department and the law department to clarify and discuss the rules and regulations of the city that are in place concerning any public assembly and respond to their requests for information and further, request the meeting take place within 24 to 48 hours. Further, request City Manager provide City Council with a report addressing the questions submitted by the Occupy Worcester group so the answers can be disseminated publicly through the City Council process. Further, request the report be also provided electronically off-calendar by tomorrow for the meeting.

RESOLUTION of Councilor Konstantina B. Lukes and Councilor Barbara G. Haller - That the City Council of the City of Worcester hereby goes on record in support of the City Manager's efforts as Chief Conservator of the Peace with the Occupy Worcester Movement and support his efforts to respect the Movement's constitutional first amendment rights of freedom of speech.

Motion Eddy @ #10a CC - Request City Manager request the City Solicitor to report as to whether or not the city has any rights to regulate and place local taxes on product produced by Roll Your Own Tobacco Machines.

Motion O'Brien @ #8.32B CM - Request City Manager request SMOC, when designing the new Triage Facility, consider creating any open space, parking and fencing closest to Jacques Avenue to minimize the impact to the residential neighborhood and use Davis Street as the main entrance to the facility.

Motion Rushton @ #8.32B CM - Request City Manager invite the Chandler Business Association to the November 21st meeting.

Motion Lukes @ #8.4C CM - Request City Manager provide to City Council the documents that show the increase in refugee populations in Worcester County.

Motion Lukes @ #8.23A CM - Request City Manager post to the city's web site calendar item concerning the Real Estate Tax Appeal Period.

Motion Rushton - Suspension of Rules - Request the Mayor consider a resolution to recognize and congratulate North High School's soccer team for winning the Central Mass. Division 1 Championship and invite them to an upcoming meeting.