CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Monday, December 19, 2011

Esther Howland Chamber

Convened: 7:15 P.M.

Adjourned: 10:21 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 29, 2011.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of December 6, 2011.

Hearing: NSTAR for gas main location: MONTGOMERY AVE.

Granting permission to NSTAR for gas main location: MONTGOMERY AVE.

ORDER of Councilor Philip P. Palmieri - That it shall be an additional standard of conduct that the City Clerk and Assistant City Clerks shall be prohibited from retaining fees collected for the solemnization of marriages performed at City Hall or any other city property during regular business hours; and, the City Clerk and all Assistant City Clerks shall collect the statutory fees for the solemnization of marriages performed at City Hall during regular business hours and remit those fees to the City Treasurer for deposit as a General Fund receipt; and, this Order shall take effect on January 1, 2012 and shall remain in effect until revised or repealed by order of the City Council. (Tabled Under Privilege - Haller December 6, 2011)

Quarterly Economic Development Initiatives Status Report

Quarterly Report of the Economic Development Division's (EDD) Small Business Retention and Recruitment Efforts and Other Coordinated City Activities

Mayor O'Brien recognized John Dwyer of Local 1009 who thanked the City Council and the citizens of Worcester for their expressions of sympathy and support in the wake of the death in the line of duty of Firefighter Jon D. Davies.

Mayor O'Brien moved to go “off calendar” and hear speakers concerning the retirement of Paul P. Clancy, Jr. and the final meeting for Councilors Barbara G. Haller and Joffrey A. Smith. Speakers: 1. former Mayor, Lt. Governor Timothy P. Murray 2. former Mayor and City Councilor Timothy J. Cooney, Jr. 3. former State Senator and City Councilor Thomas P. White 4. former City Councilor Juan A. Gomez The Mayor, the City Manager and each of the Councilors were given a moment to say a few words to their departing colleagues. Councilors Clancy, Haller and Smith were presented with a Monogrammed Chair for their years of service.

Mayor O'Brien recognized Thomas Corrigan so that he could address City Council. Mr. Corrigan, a Board Member of First Night Worcester , wanted to announced that this year would be the 30th anniversary for First Night Worcester and encouraged everyone to buy a button and support this event.

Paul O'Rourke request private street conversion of Monmouth Avenue.

Michael & Janet Bresnahan request abatement of street betterment assessment #24988 in the amount of $10,126.87 for Julien Ave.

Salem Khanfar request handicap parking space be installed at 69 Everard St.

Frank Watkins request installation of handicap parking space in front of 21 Dale St.

Councilor Kathleen M. Toomey request that substantial directional signage be installed in Main St. near the intersection with Goddard Memorial Drive informing motorists that they need to turn off Main St. uphill to Worcester Regional Airport.

Lourdes Santiago request installation of handicap parking space in front of 101 Illinois St.

NATIONAL GRID for a conduit location: BELMONT STREET

Joan Crowell request that during interim property valuation years, if the assessed valuation on any Real Estate Parcel is adjusted by more than 10%, the Assessor will notify the property owner, and mail the detailed Property Information Data Sheet, which will clearly show the reason for the adjustment.

Joan Crowell request that if a Real Estate Property Abatement Application is denied, that the property owner be provided with an explanation as to why the Application was denied.

Transmitting Informational Communication Relative to the Quarterly Economic Development Report.

Transmitting the Economic Development Report Relative to Small Business Recruitment and Retention Efforts.

Transmitting Informational Communication Relative to an Update on the Division of Workforce Development.

Recommend Adoption of a Resolution to Accept and Expend Funds from the Henry Lee Willis Center to Provide Re-Entry Employment Services to the Ex-Offender Population in the City.

Recommend Adoption of an Order Authorizing the City of Worcester to File Special Legislation with the Great and General Court of the Commonwealth of Massachusetts Relative to the Fire and Telegraph Building on Park Avenue.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Upper Blackstone Water Pollution Abatement District's (UBWPAD) Permit Appeal.

Transmitting Informational Communication Relative to the 2011 Thanksgiving Day Donations from the Employees of the Department of Public Works and Parks.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of October 2011.

Recommend that City Council Accept with Gratitude, a Donation of One Hundred and Seventy Five Dollars and No Cents ($175.00) from Assumption College to the Worcester Fire Department's Training Division.

Recommend Adoption of a Resolution to File and Accept a FFY 2012 Underage Alcohol Enforcement Grant from the MA Executive Office of Public Safety and Security, Highway Safety Division.

Recommend Adoption of a Resolution to File and Accept a FFY 2012 Traffic Enforcement Grant from the Massachusetts Executive Office of Public Safety and Security.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Dismissal of the Federal Court Case against the City and its Tobacco Control Ordinance.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Cortez Allegations.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Elm Park Neighborhood Sweep that was Conducted on Saturday, September 17, 2011.

Recommend Adoption of an Ordinance Amendment to Chapter Eight of the Revised Ordinances of 2008 by Inserting Section 44; Relative to the Regulation of Clothing Donation Receptacles Sited throughout the City.

Transmitting Informational Communication Relative to the Procedures for Tenants to Report No Heat or Insufficient Heat during the Cold Weather Months.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Five Hundred Dollars ($500.00) from Richard and Pamela Trachtenberg to the Victoria A. Trachtenberg Children's Reading Fund at the Worcester Public Library.

Transmitting Informational Communication Relative to the Availability of Functional Showers in the City's High Schools.

Recommend City Council's Vote to Approve the Worcester Public Schools' Statements of Interest Projects for Submission to the Massachusetts Building Authority.

Transmitting Informational Communication Relative to the City's FY12 1st Quarter Revenues and Expenditures through October 2011.

Transmitting Informational Communication Relative to the Status of the Fiscal Year 2012 Recertification.

Recommend Adoption of Orders to Make Adjustments to the Fiscal Year 2012 Budget in Advance of the Certification of the Department of Revenue.

SUPPLEMENTAL: Recommend Adoption of the Attached Order to Use Revolving Fund Accounts in Fiscal Year 2012.

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

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) be transferred from Loan Account #91C745, Sewers - Granite Street, and be appropriated to DPW Account #44C746, Granite Street Improvements, to allow for the payment of anticipated obligations associated with this capital project.

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) be transferred from Loan Account #91C7412A, Street Construction, and be appropriated to Account #41C797, Sidewalks, to allow for the payment of current and future obligations.

Recommend that Eight Hundred Thousand Dollars And No Cents ($800,000.00) be transferred from Loan Account #91C7382A, Reservoir Remodeling, and be appropriated to DPW Account #45C728, Reservoir Rehabilitation, to allow for payment of current and future obligations.

Recommend that Eight Hundred Thousand Dollars And No Cents ($800,000.00) 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 Eight Thousand Eighty Dollars And Twenty Cents ($8,080.20) be transferred from Account #91C7802A, Citywide Capital Equipment , and be appropriated, when and as received, to Account #34C701, Elder Affairs Capital Equipment, to fund the purchase of desktop computers for Senior Center staff.

Recommend that Three Thousand Two Hundred Dollars And No Cents ($3,200.00) be transferred from Loan Account #91C7801A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment of vehicle repair equipment.

Recommend that Three Thousand Five Hundred Fifty Five Dollars And Fifty Five Cents ($3,555.55) be transferred from Account #91C7802A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #34C701, Elder Affairs Capital Equipment, to fund the purchase of a new copier.

SUPPLEMENTAL: Recommend that Two Hundred Thousand Dollars and No Cents ($200,000.00) be Transferred from the Reserve Account #330-54, Greenwood Street Landfill and be Appropriated to DPW Account #41C602, Greenwood Street Landfill (Neighborhood) as Requested by the Quinsigamond Village Improvement Advisory Committee.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account #14S48035, Lead Paint Program, and be appropriated to Account #14S14135, Legal Assistance Corp., to provide funding for the development of a Foreclosure Defense Education Program.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #14S46335, Home Opportunity, and be appropriated to Account #14S12435, Triage Center Support, to provide funding for required case management and other services associated with the City's Comprehensive Plan to End Homelessness.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #670-92000, Assessing Ordinary Maintenance, and be appropriated to Account #670-97000, Assessing Overtime, to fund overtime expenses related to data changes due to the Fiscal Year 2012 Revaluation.

Recommend that One Hundred Eighty Nine Thousand One Hundred Ninety Four Dollars And Eighty One Cents ($189,194.81) be transferred from Account #330-08, Reserve for Appropriation Premium on Loans, to Account #660-92000, Treasurer's Office Ordinary Maintenance, to fund the costs associated with the issuance of the Bonds dated November 1 and November 8, 2011.

Recommend that Thirty Four Thousand Nine Hundred Twenty One Dollars And No Cents ($34,921.00) be transferred from Account #330-75, Reserve for Appropriation Airport OPEB, and be appropriated to Account #663-96000, Health Insurance, to provide funding for fiscal year 2012 first quarter health insurance expenses for Airport retirees.

Recommend that Fifteen Thousand Thirty Nine Dollars And No Cents ($15,039.00) in prior year unexpended Community Development Block Grant balances be transferred from and to various accounts to provide funding for additional business facade investments in the city's expanded Commercial Area Revitalization District (CARD).

SUPPLEMENTAL: Recommend that One Hundred Thousand Dollars and No Cents ($100,000.00) in Prior Year Community Development Block Grant Unexpended Balances be Transferred from the Attached Accounts and be Appropriated to Main South Neighborhood Redevelopment for Main South Neighborhood Stabilization Programs.

SUPPLEMENTAL: Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Billboard Space Displaying a Memorial Tribute to Firefighter Jon Davies from Clear Channel Outdoor Boston.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Planned Improvements to the Neighborhood Surrounding 701 Main Street.

Transmitting Auditor's Report for November 2011.

Transmitting the city's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2011.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager consider when sending the data sheet to each resident and commercial property owner to include the potential lowest and highest taxes for that property.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide City Council with an interim report concerning the implementation of the first phase of the Public Health Needs Assessment Report, and further request that there also be comments concerning the aspect of psychology and the relationship to healthy lifestyles.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager review pending state legislation concerning tobacco rolling machines and the likelihood of their passage.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager review the content of pending state legislation concerning tobacco rolling machines and the relationship to existing municipal ordinances.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager review federal law and regulation for any reference to the issue of tobacco rolling machines.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager to install additional signage designating the truck ban in Greenwood St., and further request he request the Police Chief to enforce said ban.

Request Police Chief enforce the Resident Parking prohibitions in College and City View Streets. (O'Brien)

Request City Manager update City Council concerning the Green to Growth conference and steps and actions to be taken by the City of Worcester. (O'Brien)

Request City Manager request his grant writing staff collaborate with the School Departments’ grant writers find funding to augment RSVP (Retired Senior Volunteer Program) services and Worcester Public School’s reading program. (Toomey)

STREET BETTERMENT ASSESSMENT: CAMASSA TERRACE

STREET BETTERMENT ASSESSMENT: CARTER ROAD

STREET BETTERMENT ASSESSMENT: NEBRASKA STREET

Joseph Connarton, Executive Director of PERAC, transmitting communication relative to the amount required to be appropriated to the city's retirement system for Fiscal Year 2013 which commences July 1, 2012.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Petition of 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: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Petition of 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: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Petition of 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: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to the City's Fiscal Year 2012 Revaluation Process: recommend Communication be placed on file.

REPORT OF THE PLANNING BOARD Upon the Petition of David Seamone request to have Breck St. made public.

REPORT OF THE PLANNING BOARD Upon the Petition of Boris Aronson request private portion of Buckley Rd. be made public.

REPORT OF THE PLANNING BOARD Upon the Petition of Ryan Winslow request Pine Hill Rd. be made public.

REPORT OF THE PLANNING BOARD Upon the Petition of Ryan Winslow request Pocasset St. be made public.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Fiscal Year 2012 Sidewalk Improvement Program: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mark Zona request abatement of street betterment assessment #24949 in the amount of $7,605.00 for Hazel St.: recommend adoption of the accompanying Order to abate in full.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Russell McGilvray, Deputy Director Commonwealth of Massachusetts Department of Transportation, request abatement of street betterment assessment #24840 in the amount of $4,896.00 in the name of Edward S. and Dorothy A Laukaitis for Gediminas St.: recommend adoption of the accompanying Order to abate in full.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Russell McGilvray, Deputy Director Commonwealth of Massachusetts Department of Transportation, request abatement of street betterment assessment #24841 in the amount of $4,488.00 for Gediminas St: recommend adoption of the accompanying Order to abate in full.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petiton of Russell McGilvray, Deputy Director Commonwealth of Massachusetts Department of Transportation, request abatement of street betterment assessment #24842 in the amount of $4,080.00 for Gediminas St: recommend adoption of the accompanying Order to abate in full.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Norma Hall request abatement of street betterment assessment #24939 in the amount of $7,917.37 for Erie Ave: recommend adoption of the accompanying Order to abate in full

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Robert & Shirley Coleman request abatement of street betterment assessment #24938 in the amount of $12,252.85 for Erie Ave.: recommend approval of a partial abatement resulting in a new assessment of $3,526.57.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Michael Kacergos request abatement of street betterment assessment #24924 in the amount of $11,488.35 for Rosita Rd: recommend adoption of the accompanying Order for a partial abatement resulting in a new assessment of $5,441.85.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the functional adequacy and physical condition of the Department of Public Works' and Parks' Facilities: recommend adoption of the accompanying Order requesting and authorizing the City Manager to move forward to the next stage in planning for a replacement facility for certain DPW&P buildings.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the the Report of the Planning Board upon the Petition of John Dower request the developer's portion of Heath St., from Malvern Rd. a distance of approximately 510 feet be converted to a public street: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. request sidewalk repair on the western side of Greenwood St., between Tatman St. and Forsberg St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Kathleen M Toomey request sidewalk repair in Chatham St. at the southwest corner of the School Department building: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. request sidewalk repair on the eastern side of Providence St. between Holcombe St. and Vernon Hill School: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Regina Todd request abatement of sewer assessment, cost of sewer pump and installation, for 30 Breeze Dr: recommend the Petition be denied

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jacqueline A. Ohlson request abatement of street betterment assessment #24935 in the amount of $6,677.30 for Erie Ave: recommend Petition be denied.

ORDER - That the City Manager is authorized and requested to declare abandoned the easement for street purposes the city of Worcester holds in the Parcel (a portion of Downing Street), reserving, however, a permanent and perpetual easement for utility purposes in, over and through the entirety of the Parcel. (Tabled Under Privilege - Germain November 29, 2011) (Tabled Under Privilege - Haller December 6, 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)

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. (Tabled Under Privilege - Germain November 29, 2011) (Tabled - Haller December 6, 2011)

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. (Tabled Under Privilege - Germain November 29, 2011) (Tabled - Haller December 6, 2011)

Motion Haller - Suspension of Rules - Request City Manager send a copy of calendar item #11.16B to all the neighborhood centers.

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

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. on behalf of Elizabeth Wilder request abatement of street betterment assessment #24954 in the amount of $11,651.45 for Dupuis Avenue: recommend adoption of the accompanying order for partial abatement resulting in a new assessment of $5,175.39