CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 2, 2007

Council Chamber

Convened: 7:07 P.M.

Adjourned: 9:10 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Hearing - NSTAR for gas main location in BROOKS ST./WEST BOYLSTON ST.

Granting permission to NSTAR for gas main location in BROOKS ST./WEST BOYLSTON ST.

Hearing - BABCOCK POWER for conduit location in WEST BOYLSTON DR./ NEPONSET ST.

Granting permission to BABCOCK POWER for conduit location in WEST BOYLSTON DR./ NEPONSET ST.

PROCLAMATION read by Mayor Lukes proclaiming the month of October to be Sharktober month in the City of Worcester. Councilor Perotto presented the proclamation to Michael Lehr, President who spoke.

PROCLAMATION read by Mayor Lukes proclaiming October 13th as Community Immunity Day in the City of Worcester and Dr. Bruce Karlin, President of the Worcester Medical District Society was allowed to speak.

Eduardo Barone request to extend the RG-5 zone to include 6 Piedmont St. which is currently zoned BG-3.0.

Robert Dupre of W.B. Realty, LLC requests the acceptance of Marissa Circle as a public way.

Councilor Paul P. Clancy, Jr. on behalf of David Johnson request to install new street lights in McKeon Rd. in areas that have no lighting or have insufficient lighting.

Councilor Paul P. Clancy, Jr. request to resurface Fountain St.

Councilor Paul P. Clancy, Jr. on behalf of David Johnson request to install sidewalks in those areas in McKeon Rd. that do not have any.

Councilor Barbara G. Haller on behalf of Thomas Dolan and the Worcester Tennis Club request to install unrestricted parking in Sever St. between Highland St. and William St., all days, between 8:00 a.m. and 5:00 p.m.

Councilor Paul P. Clancy, Jr. request to install a truck traffic prohibition in Jones St.

Alonzo Searles request to remove handicap parking space at 92 Ward St.

Alonzo Searles request to install handicap parking space in front of 16 Dayton St.

Zelpher Bayode request to remove handicap parking space at 12 Wabash Ave.

James McFadden request to install handicap parking space in front of 35 Beaver St.

Paul Maziarz request to install a "dead end" sign for Dixon Ave.

Notification of the Re-appointment of Peter McKone and Mia McDonald to the Conservation Commission.

Transmitting Informational Communication regarding Open Enrollment for City Retirees.

Transmitting Informational Communication Relative to the City's Planned Purchase of Renewable Energy Certificates.

Recommend City Council Approval to File and Accept a Grant from the United States Environmental Protection Agency for Brownfields cleanups.

Recommend City Council Adoption of an Ordinance Amending the Parking At the New Regional Justice Center that will Provide Adequate Parking for People with Disabilities and Police Vehicles.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the use of Surveillance Cameras to Keep Worcester Clean.

Transmitting Informational Communication Relative to Spray Parks and other Aquatic Amenities in other Major Cities.

Recommend City Council Adoption of a Resolution to File and Accept a FY 2007 Edward J. Byrne Memorial Justice Assistance Grant.

Transmitting Informational Communication Relative to Programs that Promote Diversity at the Worcester Senior Center.

Recommend City Council Adoption of a Resolution to File and Accept a Grant to Purchase Program-Related Equipment for the Worcester Regional Medical Reserve Corps program within the City's Public Health Division.

Recommend City Council Adoption of a Resolution to File and Accept a Grant for Capacity Building Funds for the Worcester Regional Medical Reserve Corps Program within the City's Public Health Division.

Recommend City Council Adoption of a Resolution to File and Accept a Fiscal Year 2007 MMRS Grant from the US Department of Homeland Security and Administered though the Executive Office of Public Safety and Security.

Recommend City Council's Acceptance of a Settlement Award in the Amount of One Million Two Hundred Twenty Six Thousand Six Hundred Forty Four Dollars And Fifty Eight Cents ($1,226,644.58) in the form of vouchers from Microsoft Corporation to the Worcester Public Schools.

Transmitting Informational Communication Relative to an Update on the Bond Ratings from Standard & Poor's and Moody's Investor Services.

Recommend that Twelve Thousand Five Hundred Twenty One Dollars And Fifty Cents ($12,521.50) be transferred from Loan Account # 91C780, Citywide Capital Equipment, and be appropriated to Account # 72C70, Parks Capital Equipment, for the purchase of Safety Cabinets and Employee Lift as approved in the Fiscal Year 2007 Capital Equipment Budget.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account # 91C784, Park Improvements, and be appropriated to Account # 72C702, Park Site Improvements, for the Shore Park Project, as approved in the Fiscal Year 2007 Capital Improvement Program.

Recommend that Fifty One Thousand Ninety Four Dollars And Ninety Cents ($51,094.90) be transferred from Loan Account # 91C780, Citywide Capital Equipment, and be appropriated, to Account # 72C701, Parks Capital Equipment, for the purchase of various equipment approved in the Fiscal Year 2008 Capital Improvement Program.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations, as approved in the Capital Improvement Program.

Recommend that One Million Four Hundred Thirty Thousand Dollars And No Cents ($1,430,000.00) be transferred from Loan Account #91C799, North High School, and be appropriated to DPW Account #41C740, North High School, to allow for the payment of on going contractual obligations.

Recommend that Six Hundred Seventy Nine Thousand Two Hundred Seventy Two Dollars And No Cents ($679,272.00) be transferred from Account # 91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account # 68C701, Technical Services Capital Equipment, to fund the purchase of various equipment associated with the relocation of Technical Services as approved in the Fiscal Year 2008 Capital Improvement Program.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account # 91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account # 15C701, Election Commission Capital Equipment, for the purchase of new voting booths, as approved in the Fiscal 2008 Capital Improvement Program.

Recommend that Four Hundred Forty Five Thousand Dollars And No Cents ($445,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #68C702, Technical Services Building Rehabilitation to pay for contractual obligations related to the relocation of Technical Services to Worcester Technical School.

Recommend that Thirty Five Thousand Dollars And No Cents ($35,000.00) be transferred from the Damage Settlement - Reserve Account #330-07, and be appropriated to DPW Account #410203, Signal Maintenance Ordinary Maintenance, to allow for the purchase of much needed traffic signal equipment to replenish our inventory.

Recommend that City Council approval to pay Five Hundred Fifteen Dollars And Thirty Cents ($515.30) from Account # 470-92000, Airport Ordinary Maintenance, to pay for an invoice from a prior fiscal year.

Recommend City Council approval to pay Two Thousand Five Hundred Eighty One Dollars And Sixty Seven Cents ($2,581.67) from Account # 110-92000, City Messenger Ordinary Maintenance, to pay for a prior year invoice.

SUPPLEMENTAL - Transmitting Informational Communication Relative to Keeping Our Neighborhoods Clean.

Amend Chapter Nine of the Revised Ordinances of 1996 relative to Firearms, Air Rifles and BB Guns.

Amend Section 2, Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone change in the Woburn St. area.

Amend Section 2, Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone change in the Grafton St. area.

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)

Grant permission to NATIONAL GRID for conduit system in KANSAS ST. (Tabled - September 18, 2007)

Communication of the City Manager recommending a change to the City's Parking Ordinance to accommodate the parking needs of the Regional Justice Center. (Tabled - Rushton September 18, 2007)

Order of Councilor Barbara G. Haller and Councilor Michael C. Perotto - Request City Manager halt all plans to launch “Operation Yellow Box” in Worcester until such time that the full City Council publicly votes to support the project. (Tabled - Haller September 18, 2007)

Motion Petty @ #8.39A CM - Request City Manager provide City Council with a report concerning statistics of yellow bag usage with a comparison of last year to this year since the yellow bag fee was increased as a means of determining if yellow bags are being purchased at the same rate.

Motion Petty @ #8.39A CM - Request City Manager request the Commissioner of Public Works and Parks consider not requiring appointments at the City's drop off center.

Motion Toomey @ #8.39A CM - Request City Manager work with the Neighborhood Associations and Business Associations to create on a quarterly basis a most improved property reward with some kind of certificate and/or a highlight of this achievement in the newspaper. This could provide positive reinforcement for the upkeep of properties instead of a punitive enforcement. Further, request City Manager encourage residents to adopt a median strip and further, request City Manager entertain an ordinance requiring property owners being made responsible for keeping sidewalks clean similar to the ordinance for shoveling sidewalks.

Motion Rushton @ #8.39A CM - Request City Manager review the property owned by the telephone company in Whitmarsh Ave. for it's overgrowth from the property onto the sidewalk and add it to the list of properties that need to comply to the Nuisance Ordinance.

Motion Haller @ #8.39A CM - Request City Manager send a copy of the Nuisance Ordinance to all of the Neighborhood & Business Associations.

Motion Petty - Suspension of Rules - Request City Manager review the apartment building at the corner of Stafford St. and Blaine St. relative to an overflowing dumpster and overgrowth and add it to the list of properties that need to comply to the Nuisance Ordinance.

Motion Petty, Lukes, Clancy, Haller, Irish, Palmieri, Perotto, Rosen, Rushton, Smith and Toomey - Suspension of Rules - Request City Manager request the Police Chief provide City Council with a report concerning the impact the early release of prisoners from the Worcester County Jail will have to the City of Worcester and the resources that will be required to handle this situation.

Motion Petty - Suspension of Rules - Request City Manager provide City Council with a report concerning the reason the American Antiquarian Society project at 1 Montvale Ave. falls under the Dover amendment and provide recommendations as to how City Council an act to prevent this project from happening.

Motion Palmieri - Suspension of Rules - Request City Manager provide City Council with a detailed report relative to the kind of funding the City of Worcester is receiving from the Transportation Improvement Project list and why Worcester and Central Massachusetts receives so little funding.

Motion Haller - Suspension of Rules - Request City Manager work with Sheriff Glodis's Community Services to clean Beacon St. between Ionic Ave. and Hammond St.