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

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

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

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

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.

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.

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

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

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

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

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

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

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

NATIONAL GRID for pole location: HOLDEN ST.

NATIONAL GRID for a conduit location: HAMILTON ST.

NATIONAL GRID for conduit location: HEYWOOD ST.

NATIONAL GRID for conduit location: MAIN ST.

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.

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

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.

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

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

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.

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.

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.

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.

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.

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

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.

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.

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.

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)

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)

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)

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)

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)

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.