CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 30, 2010

Esther Howland Chamber

Convened: 7:14 P.M.

Adjourned: 9:45 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 16, 2010.

June Tesfazian request sidewalk repair in front of 9 Crown St.

Geraldine Buckley request sidewalk repair in front of 70 Coolidge St.

Christina Morrow request abatement of street betterment assessment #24869 in the amount of $6,997.23 for Cliveden St.

Sherrie Urena request resident parking from the corner of Vernon/Endicott St. (odd side) down to #135 Endicott St.

Ian Witruke request a stop sign at the intersection of Baker and Wayne Sts.

Robert Dunbar request to have a No Right Turn on Red sign posted at the intersection of Boylston and Lincoln Sts.

Recommend Adoption of the Attached Resolutions to File an Application to Designate 50 Prescott Street as a Site Specific Economic Opportunity Area and a Certified Project.

Transmitting Informational Communication Relative to the Worcester Cultural Coalition's WOO Card.

Transmitting Informational Communication Relative to the Proposed CDBG Allocation Process Timetable for Year 37 (July 1, 2011 - June 30, 2012).

Transmitting Informational Communication Relative to Charter Communications' Third Quarter 2010 Report on Charter's Response Time to Customer Phone Calls.

Transmitting Informational Communication Relative to the FY 2011 Sidewalk Rehabilitation Program.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for October 2010.

Transmitting Informational Communication Relative to the Winter Parking Ban and Public Outreach Campaign.

Transmitting Informational Communication Relative to the Lists for Street and Sidewalk Repair/Resurfacing and Associated Costs.

Transmitting Informational Communication Relative to Police Incident Statistics for the West Zone Area 2 for the Past 12 Months.

Transmitting Informational Communication Relative to Police Incidents in the Vernon Hill and Grafton Hill Neighborhoods.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Reinstatement of Three (3) Police Officers from the September 2008 Recruit Class and the Promotion of Two (2) Police Officers to the Rank of Sergeant.

Recommend Adoption of An Ordinance Amending the Organizational Ordinances of Various Departments.

Transmitting Informational Communication Relative to MassPort's Retention of City Employees at the Worcester Regional Airport through the Remainder of this Fiscal Year.

Transmitting Informational Communication Relative to the Federal Tobacco Control Act.

Recommend Adoption of a Resolution to File and Accept a Grant in the Amount of Four Thousand Dollars ($4,000) from the Massachusetts Department of Public Health.

Transmitting Informational Communication Relative to the City of Worcester's Annual Tree Lighting and Holiday Open House.

Transmitting Informational Communication Relative to the Abandoned Housing Initiative.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Worcester Regional Transit Authority.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the City's Three Year Plan to End Homelessness.

REPORT OF THE PLANNING BOARD Upon the Petition of Ronald P. D'Eramo request to make public Vivian St.

REPORT OF THE PLANNING BOARD Upon the Petition of Ronald D'Eramo request to make public Pine View Ave. from Carelton St. to Vivian St.

REPORT OF THE PLANNING BOARD Upon the Petition of Ronald D'Eramo request to make public Carleton St.

Communication of Michael V. O'Brien, City Manager, transmitting communication relative to the Worcester Regional Transit Authority (WRTA). (Haller - November 23, 2010)

Order of Councilors Lukes, Petty and Haller - Request City Manager report on the City’s liability and WRTA’s liability for the unfunded pension liability and the post employment benefits liability of the employees of any bus company under contract by the WRTA to provide bus services and the financial consequences and liability of the City and/or the WRTA for employee contract settlements that exceed the financial obligations of current bargaining contracts. (Haller - November 23, 2010)

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)

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of State Representative John Fresolo on behalf of Lou Cozzolino request to have stop signs installed on Commonwealth Ave. at the corners of Jennings St. and Enid St: recommend Petition be placed on file. (Tabled Clancy - November 23, 2010)

Motion Lukes @ #9.17A CM - Request City Manager request the Police Chief provide City Council with B&E statistics by street in the West Zone Area 2 for the past twelve months.

Motion Lukes @ #9.17A CM - Request City Manager send a copy of City Manager's item #9.17 A CM to west side Neighborhood Crime Watch groups.

Motion O'Brien @ #9.4A CM - Request City Manager, upon completion of a TIF application, to forward copies of the application to City Council and also to other interested parties, such as organizations and construction companies, who might be interested in participating in that project. Further, request the application be posted on the city's website.

Motion O'Brien @ #9.4A CM - Request the City Council's Standing Committee on Economic Development discuss the formulating of a policy on the uses of future TIF's to maximize commercial growth and tax revenues as well as ensuring projects that use public incentives like TIFs employ local labor and contractors during construction and the business that results from this TIF hire local employees.

Motion Lukes @ #9.4A CM - Request City Manager provide City Council with a copy of the latest state's TIF compliance report and provide these reports on an annual basis.

Motion Haller @ #9.14D CM - Request City Manager report if there is any thought being given to modifying the city's street opening policy.

Motion Palmieri @ #9.20C CM - Request City Manager provide City Council with a report containing his recommendation for adoption of an ordinance banning or restricting the time, place or manner, but not the content, of cigarette advertising as authorized by the new Federal Tobacco Control Act.

Motion Lukes @ #11a CC - Request City Manager report on the extent of City's liability and under what circumstances the city is responsible for the unfunded pension liability and the post employment benefits liability of the employees of any bus company under contract by the WRTA to provide bus services.

Motion Clancy - Suspension of Rules - That the City Council of the City of Worcester hereby sets the hearing for the Tax Classification to determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2011 on December 14, 2010 at 7:00 P.M.

Motion Lukes - Suspension of Rules - Request City Clerk provide City Council with a copy of the Policy Focus Report from the Lincoln Institute of Land Policy relative to “Payments in Lieu of Taxes - Balancing Municipal and Nonprofit Interest” (copy of report attached).

Motion Lukes - Suspension of Rules - Request City Manager request the City Solicitor for a legal opinion regarding the definition and scope of the states charitable tax exemption and whether the real estate tax exemption is mandated or authorized and if it is authorized how the exemption can be amended or eliminated.

Motion Toomey - Suspension of Rules - Request City Manager provide City Council with a response relative to the provocative PETA ad on Pleasant St. and it's plan to deal with provocative and unbecoming advertisements which straddles the line of decency.