CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 4, 2007

Council Chamber

Convened: 7:10 P.M.

Adjourned: 8:55 P.M.

Mayor
Konstantina B. Lukes

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Reconvened Hearing - NATIONAL GRID for conduit systems in CAMBRIDGE ST./KANSAS ST.

Granting permission to NATIONAL GRID for conduit systems in CAMBRIDGE ST./KANSAS ST.

Reconvened Hearing - NSTAR for gas main installation in ARLINE ST. Granting permission to NSTAR for gas main installation in ARLINE ST.

Mayor Lukes read a proclamation proclaiming September as National Emergency Preparedness Monty. Proclamation presented by Councilor Perotto to representatives of the American Red Cross.

Mayor Lukes read a Resolution to Park Spirit relative to their donation of $3,000.00 to benefit the Department of Public Works & Parks, Parks, Recreation & Cemetery Division Summer Recreation Programs. Resolution presented by Councilor Toomey to Tim Loew and Rick Miller representatives of Park Spirit.

Mayor suspended the rules to allow Ms. Jo Hart, Worcester resident, to address City Council concerning the illegal use of sidewalks by cyclists.

Pandian Arumugam request zone change at 58 Suffolk St. from RG-5 and MG-2.0 to RG-5 in its entirety.

James Stark request to make public Tyson Rd

Stephen Johnson, President of POBCO, Inc. request street resurfacing in front of 99 Hope Ave.

Attorney Samuel DeSimone on behalf of Worcester Country Club Acres, LLC request the 20 foot sewer easement located westerly of Cobblestone Lane and proposed Units 19-31 abutting Enaya Lane be discontinued.

Patrick Mulrenin request existing "Not a Truck Route" signs posted at the corner of Hamilton St. and Plantation St. and also at the corner of Grafton St. and Plantation St. be replaced with signs that are brighter and more visible.

Attorney Donald O'Neil on behalf of Kalil Family Trust, LLC request City Council suspend its rules to take immediate action on a petition previously filed on May 15, 2007 in City Council relative to amending Chapter Five of the Revised Ordinances of 1996 relative to the Sewer Capacity Fee Payment.

Jose Zayas request that the City Council ordain that all Worcester Boards and Commissions established by the City Manager under the authority of the city charter and applicable state laws, be held at reasonable and convenient times. Namely from 5:00 P.M. and on, for the purpose of insuring the public fair access and participation of all such meetings. And that all such meetings be recorded and televised via Worcester public cable access channels and if reasonably feasible to be placed on Worcester's official website for public view.

Notification of Appointment of Mary Anne Dube to the Elections Commission.

Notification of Appointment of John Donahue, Jr. to the Worcester Redevelopment Authority.

Transmitting Informational Communication Relative to a Status Report on Abandoned Vehicles and a Status Report on Abandoned Shopping Carts.

Transmitting Informational Communication Relative to a Fifth Public Hearing to Discuss the Institute Park Master Plan.

Recommend City Council Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of One Thousand Dollars ($1,000.00) from Worcester Polytechnic Institute (WPI) for the Purchase of Trees.

Transmitting Informational Communication Relative to the Final Public Hearing to Discuss the Institute Park Master Plan.

Transmitting Informational Communication Relative to September being Designated as National Emergency Preparedness Month.

Transmitting Informational Communication Relative to the City of Worcester's "Community Immunity Day".

Transmitting Informational Communication Relative to Obtaining Taxes from not-for Profits who Lease Out their Property for Profit.

Recommend that One Hundred Twenty Five Thousand Five Hundred Twenty Dollars And No Cents ($125,520.00) be transferred from Loan Account # 91C775, DCU Center Building Rehabilitation , and be Appropriated to DCU Center Account # 75C702, Civic Center Rehabilitation.

Recommend that Twenty Five Thousand Three Hundred One Dollars And No Cents ($25,301.00) be transferred from Account # 91C780, Citywide Capital Equipment, and appropriated, to Account # 26C701, Fire Department Capital Equipment, to fund the purchase of a vehicle, per the FY 2008 Capital Improvement Program.

Recommend that Four Hundred Seventeen Thousand Nine Hundred Seventy Four Dollars And Thirty Cents ($417,974.30) be transferred from Account # 91C759, Foley Stadium Rehabilitation, and be appropriated to Account # 50C707, Foley Stadium Rehabilitation, to fund the field replacement of Foley Stadium.

Recommend that Five Hundred Eighty Two Thousand Three Hundred Dollars And No Cents ($582,300.00) be transferred from Account # 91C780, Citywide Capital Equipment, and be appropriated to Account # 25C701, Police Department Capital Equipment, for the purchase of police vehicles as approved the FY 2008 Capital Improvement Program.

Recommend that Seven Hundred Eighty Five Thousand Dollars And No Cents ($785,000.00) be transferred from Park Accounts # 72S418, Winslow Park USH11 and #72S419, Ball Property USH8, and be appropriated to Loan Account # 91C709, Worcester Common, to replenish this account.

Recommend that no more than Fifty Thousand Dollars ($50,000.00) be Transferred from Account # 330-54, Greenwood Street Landfill, and be Appropriated to Account # 41S608, Greenwood Street Landfill Neighborhood, for the Purpose of Securing a Consultant to Develop Design Standards for Various Revitalization Programs in the Greenwood Street area.

Recommend that Six Thousand Nine Hundred Thirty Eight Dollars And Thirty Three Cents ($6,938.33) from Account # 250-92000, Police Ordinary Maintenance, be appropriated to pay various invoices from prior fiscal years.

Recommend that Three Thousand One Hundred Twenty Dollars And Forty Three Cents ($3,120.43) from Account # 450-92000, Water Ordinary Maintenance, be appropriated to pay various invoices from prior fiscal years.

Transmitting Informational Communication Relative to a Five Year Forecast of City Vehicle Purchases and the Potential Number of these Vehicles that will be Hybrid.

Order of Mayor Timothy P. Murray - That the ordinance relative to the Police Department License Board as it relates to taxi regulations be rescinded. (Tabled - Murray April 25, 2006)

Order of Councilor Barbara G. Haller and Councilor Gary Rosen - Request the City Manager take all steps to have the WRTA #11 bus rerouted to serve the Island part of Harding Street (south of Kelley Square) to take residents, especially the elderly, to and from the Route 20 Fair Shopping Plaza. Further request that this service be provided several times in the mornings and again in the afternoons, both outbound and inbound. This service was formerly provided by the old #4 Millbury City Line and eliminated on January 28th, 2006 creating a serious hardship and reduction in the quality of life for residents in the Green Island neighborhood. (Tabled - Haller August 29, 2006)

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of James A. DelSignore, City Auditor, transmitting communication relative to the schedules showing estimated savings that would accrue to the City if certain changes were made to employee and retiree health plans by adopting MGL Chapter 32B Section 18 and by decreasing the City's share of premiums from 80% to 75% for various groups not affected by Section 18: recommend Report and Communication be placed on file. (Tabled - July 26, 2007)

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting communication regarding responses from the Administration to the orders from the City Council Standing Committee on Municipal Operations: recommend Communication be placed on file. (Tabled - July 26, 2007)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager be and is hereby requested to recommend to the City Council a plan to soften the burden of health care costs to the Medicaid eligible retirees of the City of Worcester and specifically request the City Manager consider increasing the city's contribution for eligible retirees from the present 75% contribution level to the 80% level so as to put them on par with the premiums paid by active employees. (Tabled - July 26, 2007)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager consider blending retiree costs for health insurance to a percent that equalizes percentage payments without increasing costs to the city. (Tabled - Rushton July 26, 2007)

Communication of the City Manager transmitting informational communication relative to the Adoption of Chapter 32B, Section 18, from The Segal Group, Inc. (Tabled - July 26, 2007)

Communication of the City Manager transmitting informational communication regarding the Orders posed at the Municipal Operations meeting of June 27, 2007 along with the Administration response. (Tabled - July 26, 2007)

Communication of the City Manager transmitting informational communication containing the Administration's responses to questions posed regarding Section 18 at the July 17, 2007 City Council Meeting. (Tabled - July 26, 2007)

Communication of the City Manager transmitting informational communication regarding additional responses from the Administration on Questions posed at July 17, 2007 City Council meeting regarding Chapter 32B, Section 18. (Tabled - July 26, 2007)

Communication of the City Manager recommending the Adoption of a Loan Order in the amount of Three Hundred Thousand Dollars And No Cents ($300,000.00) to be appropriated to Account #91C778, Providence Street Tot Lot, for the purpose of funding the construction of the planned playground at Providence Street. (Tabled - Lukes July 17, 2007)

Order of Councilor Frederick C. Rushton and Councilor Joseph M. Petty - Request City Manager provide City Council with a report concerning the health of the retention/detention pond at 39 First Street in light of the several concerns raised recently by residents of this housing complex as to the deteriorating water quality and odor. (Tabled - Petty August 28, 2007)

Order of Councilor Frederick C. Rushton - Request City Manager provide a tactical improvement plan to improve the quality of streets and sidewalks by paving 21 miles each year, the amount of miles that the Commissioner of Public Works & Parks has stated the city should pave in order to maintain the Worcester meet industry-recommended standards, and an amount that is significantly more than the 13 miles of streets and sidewalks that we have repaved/repaired annually over the past decade, resulting in the deplorable condition of this most visible and necessary part of our infrastructure. (Tabled - Petty August 28, 2007)

Order of Councilor Frederick C. Rushton - Request City Manager consider adopting a policy so that monies authorized for street and sidewalk repair be used for such purposes within a six month time period from date of authorization by City Council. Such purpose is to get our city roadways and sidewalks repaired within the construction season and to avoid to a 3 to 5% increase in total cost. (Tabled - Petty August 28, 2007)

Order of Councilor Frederick C. Rushton - Request City Manager request the Police Commissioner provide speed enforcement at the bend of Walter St. and Wrentham Rd. (Tabled - Petty August 28, 2007)

PETITION - Samuel Rosario request City Council amend Rule 21 of the Rules of the City Council as it affects committee appointments to limit the amount of consecutive terms any City Council member may serve on any committee.

Motion Haller - Suspension of Rules - Request City Manager recommend an ordinance that disallows cycles from being used on sidewalks, and Further, that if such an ordinance currently exists, request enforcement of this ordinance.

Motion Haller @ #9.12A CM - Request City Manager forward a copy of City Manager's calendar item #9.12A to all the Neighborhood Crimewatch groups.

Motion Palmieri @ #9.12A CM - Request City Manager contact property owners of the former Holiday Inn at 500 Lincoln St. and request they clean-up the debris on this property.

Motion Haller @ #9.23A CM - Request City Manager forward a copy of City Manager's calendar item #9.12A to all the Neighborhood Associations.

Motion Petty @ #9.23A CM - Request City Manager provide City Council with a general report concerning the city's overall preparedness in the event of a disaster.

Motion Petty @ #9.29A CM - Request City Manager provide City Council with a report listing taxable and tax exempt cell towers.

Motion Palmieri @ #9.29A CM - Request City Manager provide a report on the process for determining income from taxable cell phone tower properties, who is reporting and what are they reporting, is the information provided accurate and any penalties for under reporting.

Motion Irish @ 9.38A CM - Request City Manager report as to logic used for determining what vehicles would be hybrids.

Motion Haller - Suspension of Rules - Request City Manager report to City Council how scrap metal facilities provide protection from receiving stolen metals.

Motion Rosen - Suspension of Rules - Request City Manager recommend a policy for removing blood or cleaning a crime scene in a public way and report the policy to City Council.

Motion Petty - Suspension of Rules - Request City Manager provide City Council with and update of all issues pertaining to 103 Holden St.

Motion Rushton - Suspension of Rules - Request City Manager request the Police Chief provide police surveillance in the Lund St. neighborhood to curtail any drug activity.

Motion Lukes - Suspension of Rules - Request City Manager request the Police Chief provide for police surveillance and a traffic study at the intersection of Pleasant St. and Mower St.