CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 4, 2011

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 8:20 P.M.


Mayor
Joseph C. O'Brien

 

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Paul P. Clancy Jr. William J. Eddy
Michael J. Germain Barbara G. Haller
Konstantina B. Lukes Philip P. Palmieri City Clerk
David J. Rushford
Joseph M. Petty Frederick C. Rushton
Joffrey A. Smith Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER - ALL SAINTS CHURCH CHOIR

3.

ROLL CALL - All present with the Mayor in the chair except for Councilors Rushton and Smith. Councilor Rushton arrived at 7:18 P.M.

4.

APPROVAL OF THE MINUTES

4a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of September 13, 2011.

Attachments

Order adopted

 

5.

HEARING & ORDER

5a.

Hearing - LIGHT TOWER FIBER LLC for conduit location: MILLBROOK ST.

Granting permission to LIGHT TOWER FIBER LLC for conduit location: MILLBROOK ST.

Attachments

Hearing Held & Order adopted

 

6.

ITEMS OF CITIZEN INTEREST

6a.

Mayor O'Brien read a Proclamation declaring Friday, October 7, 2011 as World Smile Day 2011 and presented the proclamation to Charles Ball the son of Harvey Ball the creator of the smiley face.

Attachments

 

6b.

Mayor O'Brien read a Proclamation declaring October 4, 2011 as SEIU 509 Human Service Workers Day and presented the proclamation to members of SEIU 509.

Attachments

 

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Kenneth Black request sidewalk repair in front of 19 Iowa St.

Attachments

Referred to Public Works Committee

 

8b.

Danny Karageorgis request handicap parking space in front of 12 Wall St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

8c.

Samaris Carrreras request installation of a handicap parking space in front of 97 Arthur St.

Attachments

Referred to Traffic and Parking Committee

 

8d.

Sharon Carreras request installation of a handicap parking space in front of 89 Arthur St.

Attachments

Referred to Traffic and Parking Committee

 

8e.

Councilor Joseph M. Petty request installation of a left-turn lane in Lake Ave. for northbound traffic turning into Oakhurst St.

Attachments

Referred to Traffic and Parking Committee

 

8f.

Councilor Joseph M. Petty request installation of Stop Signs at the intersection of Amesbury St. and Oakhurst St. in the interest of public safety.

Attachments

Referred to Traffic and Parking Committee

 

8g.

Councilor Barbara G. Haller on behalf of Marble Street Apartments Crime Watch, request installation of a speed enforcement detail in Marble St.

Attachments

Referred to Traffic and Parking Committee

 

8h.

NATIONAL GRID for pole location: HOLDEN ST.

Attachments

Hearing set for October 11, 2011- 7:00 P.M.

 

8i.

NATIONAL GRID for a conduit location: HAMILTON ST.

Attachments

Hearing set for October 11, 2011 - 7:00 P.M.

 

8j.

NATIONAL GRID for conduit location: HEYWOOD ST.

Attachments

Hearing set for October 11, 2011 - 7:00 P.M.

 

8k.

NATIONAL GRID for conduit location: MAIN ST.

Attachments

Hearing set for October 11, 2011 - 7:00 P.M.

 

9.

COMMUNICATIONS OF THE CITY MANAGER

 

9.1

APPOINTMENTS
Non-City Council Confirmation
 

9.2

APPOINTMENTS
City Council Confirmation
 

9.3

DEPARTMENT OF HUMAN RESOURCES
A.

Recommend Adoption of a Salary Ordinance Amendment to Reflect the Recently Amended Table of Organization for the Worcester Police Department for a Latent Print Examiner.

Attachments

Voted to advertise proposed ordinance on a roll call on a roll call vote of 10 Yeas and 0 Nays (Smith absent)

 
B.

Transmitting Informational Communication Relative to the City's Retirees Health Plan Options and Open Enrollment Period for Calendar Year 2012.

Attachments

Referred to Municipal Operations Committee

 
 

9.4

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division
 

9.5

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Neighborhoods and Housing Development Division
 

9.6

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Planning and Regulatory Services Division
 

9.7

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Workforce Development Operations Division
 

9.8

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Central Massachusetts Regional Employment Board
 

9.9

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Youth Opportunities Division
 

9.10

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Worcester Regional Airport Commission Division
 

9.11

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Cable Services Division
 

9.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

9.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
A.

Recommend Approval to Discontinue a Portion of the Area between the Sidewalk of Foster Street and the Railroad that Abuts Union Station Pursuant to Massachusetts General Law, Chapter 40, Section 15, 15A.

Attachments

Referred to Planning Board

 
 

9.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
 

9.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Relative to the Re-Opening and Re-Dedication Ceremony of the New John W. Spillane Memorial Field.

Attachments

Placed on file

 
 

9.16

FIRE DEPARTMENT
A.

Transmitting Informational Communication Relative to the Worcester Fire Department's Spring 2012 Fire Recruit Class.

Attachments

Placed on file

 
 

9.17

POLICE DEPARTMENT
 

9.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

9.19

LICENSE COMMISSION
 

9.20

LAW DEPARTMENT
A.

Recommend Adoption of an Order to Accept, Transfer, Dispose of, and Execute a Deed Transfer for the Care, Custody, and Control of 676 Franklin Street from the Fire Department to the Executive Office of Economic Development.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Petty, Rushton, Smith absent)

 
 

9.21

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

9.22

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

9.23

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

9.24

DIVISION OF PUBLIC HEALTH
 

9.25

DIVISION OF ELDER AFFAIRS
 

9.26

WORCESTER PUBLIC LIBRARY
 

9.27

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
 

9.28

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
A.

Recommend that City Council Accept with Gratitude a Donation of Fifty (50) Parking Signs to be Installed at Polling Sites around the City during Election Days.

Attachments

Order adopted with gratitude

 
 

9.29

PUBLIC SCHOOL DEPARTMENT
 

9.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

9.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

9.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

9.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

9.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

9.35

FINANCE ITEMS
Capital Transfers
A.

Recommend that One Hundred Twenty Six Thousand Dollars And No Cents ($126,000.00) be transferred from Account #91C7802A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #50C702, School Capital Equipment, to fund the purchase or various pieces of equipment.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Petty, Rushton, Smith absent)

 
B.

Recommend that Fifty Five Thousand Dollars And No Cents ($55,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C70205, Vernon Hill, for the purpose of paying contractually obligated payments.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Petty, Rushton, Smith absent)

 
 

9.36

FINANCE ITEMS
Operational Transfers
A.

Recommend that Twenty Seven Thousand Two Hundred Seventy Nine Dollars And Six Cents ($27,279.06) be transferred from Account #330-08, Reserve for Appropriation on Loans, and be appropriated to Account #660-92000, Treasurer's Office Ordinary Maintenance, to fund the costs associated with the issuance of the Bond Anticipation Notes dated September 23, 2011.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Petty, Rushton, Smith absent)

 
B.

Recommend Review, Deliberation and Adoption of the Attached Order to Amend the Worcester Public Library's Table of Organization for Fiscal Year 2012.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Petty, Rushton, Smith absent)

 
C.

Recommend Adoption of the Attached Orders to Amend the Table of Organization for the Executive Office of Economic Development by Three (3) Positions and to Amend the Table of Organization for the Worcester Police Department by One (1) Positions to Reflect the Previous Budgetary Approvals by City Council.

Attachments

Two Orders adopted on a roll call vote of 8 Yeas and 0 Nays (Petty, Rushton, Smith absent)

 
 

9.37

FINANCE ITEMS
Prior Year
 

9.38

FINANCE
Loan Orders
 

9.39

MISCELLANEOUS AGENDA TRANSMITTALS
10.

COMMUNICATIONS

10a.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to Questions for the 2011 Candidates for City Council and School Committee in Worcester.

Attachments

Placed on file

 

10b.

David J. Rushford, City Clerk, transmitting the notification from the Local Election Districts Review Commission of their approval concerning the re-precincting of the city's wards and precincts.

Attachments

Placed on file

 

11.

TABLED UNDER PRIVILEGE

11a.

COMMUNICATION of the City Manager transmitting Informational Communication Relative to the Legality of the Local Hiring Requirment in a TIF (Tax Increment Financing) Agreement. (Tabled - O'Brien and Rushton September 27, 2011)

Attachments

Referred to Municipal Operations Committee

 

11b.

PETITION of William S. Coleman, III request City Council put before the voters in the Tuesday, November 8th 2011 Municipal Elections the following non-binding election question: Shall 17 year old American citizens who are residents in the City of Worcester have the right to vote in local municipal elections? (Tabled - Clancy September 27, 2011)

Attachments

Mayor O'Brien invited Mr. Coleman to say a few words. Mr. Coleman requested the petition be amended by changing the date to November 5, 2012. - Approved Petition as amended Referred to Rules and Legislative Affairs Committee

 

12.

TABLED ITEMS

12a.

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)

Attachments

No Action Taken

 

12b.

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)

Attachments

No Action Taken

 

12c.

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)

Attachments

No Action Taken

 

12d.

COMMUNICATION of the City Manager transmitting Informational Communication Relative to the City's Revenues and Expenditures as of June 30, 2011. (Tabled - Lukes September 6, 2011)

Attachments

Councilor Lukes moved to take the item of the table and Place on file Taken off the Table - Placed on file

 

12e.

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administrationís 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)

Attachments

No Action Taken

 

13.

NEW BUSINESS UNDER SUSPENSION OF RULES

13a.

Motion of Eddy, Rushton, Toomey, O'Brien, Lukes, Germain, Haller, Smith - Suspension of Rules - Request City Council adopt a proposed Ordinance amending Chapter 12, Section 23 of the Revised Ordinances of 2008 relative to Sidewalk Snow Removal.

Attachments

Mayor O'Brien recognized the following Speakers: 1. Sandra Pike, Worcester resident 2. Brian O'Connell, Worcester resident 3. Dorothy Hargrove, Worcester resident 4. Atty. Morris Bergman, Worcester resident 5. Jo Hart, Worcester resident Councilor Clancy moved to table this item under privilege Tabled Under Privilege - Clancy

 

13b.

Motion Clancy @ #13a CC - Request City Manager provide City Council with a legal opinion as to whether City Council or a Standing Committee can legally make exemptions to an Ordinance.

Attachments

Order adopted

 

13c.

Motion Clancy @ #13a CC - Request City Manager report to City Council as to whether or not other cities in the area have exemptions or hardship cases to their Sidewalk Snow Removal Ordinance and if they do how do they apply these exemptions or hardships to their ordinance.

Attachments

Order adopted

 

13d.

Motion Clancy @ #13a CC - Request City Manager report to City Council how many sidewalks could be considered exemptions or hardships and what would be the cost to the city for shoveling snow from these sidewalks.

Attachments

Order adopted

 

13e.

Motion Rushton @ #13a CC - Request City Manager provide City Council with a breakdown of the city and state highway sidewalks that are not shoveled.

Attachments

Order adopted

 

13f.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to the City's Triennial Revaluation.

Attachments

Mayor O'Brien recognized and invited Joan Crowell, a Worcester resident, to speak to this item. Referred to Municipal Operations Committee

 

13g.

Motion Clancy @ #13f CC - Request City Manager report to City Council whether the real estate appeal period in April 2012 will be for the 30 days only or will it or also include the first day in May.

Attachments

Order adopted

 

13h.

Motion Toomey - @ #13f CC - Request City Manager report to City Council as to whether or not real estate appeals can be done online and if an electronic signature is legally allowed. Further, consider developing a method for residents to place a door hanger that informs the city of modifications to their home or perhaps consider allowing residents to notify the city of modifications electronically.

Attachments

Order adopted

 

13i.

COMMUNICATION - Michael V. O'Brien, City Manager, recommend City Council's review, deliberation and approval of the City's application for a HUD Section 108 Loan Guarantee for Insignia Athletics, LLC for 60 Fremont Street for the purpose of the company's expansion and growth plans.

Attachments

Referred to Economic Development Committee

 

13j.

PETITION - Councilor Barbara G. Haller on behalf of Sandra Fredette and Rose Tirella request the intersection of Bigelow St. and Sigel St. be made a 4-way stop.

Attachments

Referred to Traffic and Parking Committee

 

13k.

Motion O'Brien - Suspension of Rules - Request City Manager report to City Council the number of construction and permanent jobs that were created under TIFs and what percentage of those jobs were for Worcester residents.

Attachments

Order adopted