CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 16, 2007

Council Chamber

Convened: 7:14 P.M.

Adjourned: 9:25 P.M.

Mayor
Konstantina B. Lukes

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

PROCLAMATION - Mayor Lukes read a proclamation proclaiming October 15, 2007 as White Cane/Guide Dog Safety Day in Massachusetts. Proclamation was presented by Councilor Perotto to Reverend George McDermott who was invited to speak by the Mayor.

Mayor Lukes suspended the rules to allow William Coleman speak before City Council concerning his request to establish a city ordinance regarding CORI.

Krenar & Ervis Jaupaj request removal of a tree located in front of 113 Winfield St.

William S. Coleman III, et al request City Council establish a City Ordinance regarding CORI, similar to the City of Boston.

Richard Feldman request sidewalk repair in front of driveway at 7 Ardmore Rd.

Marion Stefanski request sidewalk & step repair at 26 Carlstad St.

Recommend City Council Adoption of a Salary Ordinance Amendment for the Positions of Deputy Assistant Collector and Head Golf Course Professional as per the Fiscal Year 2008 Budget.

Recommend City Council Adoption of a Salary Ordinance Amendment for the Positions of Snow Supervisor and Snow Inspector for the Department of Public Works and Parks.

Transmitting Informational Communication Relative to the I-290 On-Ramp Closure.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of $1,600.00 from Victory In Christ Worcester South Foursquare Church.

Transmitting Informational Communication Regarding a Public Hearing for the Green Hill Park/Bear Brook Daylighting/Restoration Project.

Transmitting Informational Communication Relative to the Franklin Street Fire Station Groundbreaking Ceremony.

Transmitting Informational Communication Relative to the Parking Lot License Restrictions for the Gate at the Terminus of City View Street at the College of the Holy Cross.

Transmitting Informational Communication Relative to the Execution of a "No Knock" Search Warrant for Cottage Street

Transmitting Informational Communication Relative Allegations from a Clark University Student Concerning the Worcester Police Department.

Transmitting Informational Communication Relative to Trespassing Vehicles in the Parking Lot at 195 Mill Street.

Transmitting Informational Communication Relative a Report Pertaining to the Punishment of the Perpetrators who Vandalized Beaver Brook Park.

Transmitting Informational Communication Relative to Unlocking Potentials for Growth, Inc., at 8-10 Stoneland Road.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation from Blue Cross/Blue Shield of Massachusetts.

Transmitting Informational Communication Relative to South Middlesex Opportunity Council's Hiring Policies and Practices for their Worcester sites .

Transmitting Informational Communication Regarding the Participation of Derek Brindisi, the Acting Director of Public Health, in the Massachusetts Institute for Community Health Leadership Program.

Transmitting Informational Communication Regarding the Women's Health Forum sponsored by the Advisory Committee on the Status of Women.

Recommend City Council Adoption of the Transfer of Jurisdiction of the Foreclosed Tax Title property located at 8A Crest Avenue from the Tax Title Custodian to the Conservation Commission.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account # 75C504, DCU Special District, and be appropriated to DCU Account # 75C704, DCU Special District Improvements, for the Club Box Project, as approved in the Fiscal Year 2008 Capital Improvement Program. These funds represent non-tax levy borrowed funds that were approved as part of the Special District Financing Zone.

Recommend that Four Thousand Four Hundred Eight Dollars And No Cents ($4,408.00) be transferred from Account # 91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account # 26C701, Fire Department Capital Equipment, for unanticipated costs related to the purchase of two pumpers.

Recommend that One Hundred Thousand Dollars and No Cents ($100,000.00) be transferred from Account #91C763 and be appropriated to Account #04C714 to allow for payment of invoices related to asbestos abatement and other related costs of City-owned buildings within the South Worcester Industrial Park (SWIP).

Recommend that Two Thousand One Hundred Forty Eight Dollars And Fifty Cents ($2,148.50) be transferred from Loan Account # 91C780, Capital Equipment, and be appropriated to Parks Account # 72C701, Parks Capital Equipment to allow for capital equipment purchase for Parks Division.

Recommend that One Hundred Forty Two Thousand Five Hundred Dollars And No Cents ($142,500.00) be transferred from Account # 91C716, Union Station Building Rehabilitation, and be appropriated to Account # 04C704, Union Station Building Rehabilitation, for expenses associated with the buildout of the Central Massachusetts Regional Planning Commission tenant space.

Recommend that Five Hundred Fifty Four Thousand Dollars And No Cents ($554,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to Account #44C732, Sewer Control Plan, to allow for the payment of a current invoice and future obligations.

Recommend that Eleven Thousand Three Hundred Ninety One Dollars And Twenty Cents ($11,391.20) be transferred from Account # 91C780, Capital Equipment , and be appropriated, when and as received, to Account # 28C701, Code Enforcement Capital Equipment, to purchase various equipment, as approved in the Fiscal Year 2008 Capital Improvement Program.

Recommend that Four Hundred Seventy Five Thousand Five Hundred Twenty One Dollars And Thirty One Cents ($475,521.31) be transferred from various Off-Street Parking Reserves accounts and be appropriated to various Off-Street Parking Ordinary Maintenance accounts to provide sufficient funding for the Off-Street Parking Program for the Second Quarter of Fiscal Year 2008.

Recommend that One Million One Hundred Thousand Dollars And No Cents ($1,100,000.00) currently available in the Overlay Reserve account #322-01, Overlay Surplus, be transferred to Account #359-21, Bond Rating Stabilization Fund.

SUPPLEMENTAL: Transmitting information communication relative to the property located at 5 Sycamore St.

Roberta Schaefer, PhD, Executive Director, Worcester Regional Research Bureau transmitting communication relative to Benchmarking Public Safety in Worcester: 2007.

Amend Chapter 8 of the Revised Ordinances of 1996 relative to Graffiti on Private Property.

Amending Chapter 15 of the Revised Ordinances of 1996 relative to enforcement of the Graffiti Ordinance.

Amending Chapter 8 of the Revised Ordinances of 1996 relative to Nuisances.

Amending Chapter 15 of the Revised Ordinances of 1996 relative to enforcement of the Nuisance Ordinance.

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 @ #6b CC - Request City Manager provide City Council with a report within two weeks showing the process the city of Boston used to develop rules and regulations concerning CORI.

Motion Petty @ #7.12A CM - Request City Manager consider requesting the Police Chief to assign police officers to the signalized intersections of Southbridge St. at Lafayette St., Hammond St. and Cambridge St. to expedite the flow of detoured traffic during the next several weeks while the I-290 on-ramp at Vernon St. is closed due to reconstruction activity.

Motion Clancy @ #7.16A CM - Request City Manager request the License Commission not allow access through the gate at the terminus of City View Street except only for public emergencies.

Motion Haller @ #7.19A CM - Request City Manager keep City Council appraised of the situation at 8-10 Stoneland Rd. as it progresses through its application process for changing the use for this property.

Motion Perotto @ #7.19A CM - Request City Manager provide City Council with a report that will address whether the social service program at 8-10 Stoneland Rd. will serve level 3 sex offenders, client's length of sobriety and criteria for the program.

Motion Irish @ #7.38A CM - Request City Manager invite Ahmad Shishesaz to the October 23, 2007 City Council meeting to hear concerns relative to his property at 5 Sycamore St.

Motion Petty @ #7.38A CM - Request City Manager provide City Council with a report concerning the results of the November 1, 2007 License Committee hearing relative to the application for a lodging house license at 5 Sycamore St.

Motion Toomey @ #7.38A CM - Request City Manager provide City Council with a report on the feasibility of a self funded program requiring health and code inspections and permits on a yearly basis for rooming houses and non-owner occupied facilities and houses.

Motion Perotto, Palmieri, Irish, Rosen, Smith, Haller, Toomey, Petty, Clancy, Rushton and Lukes - Suspension of Rules - Request City Manager request the Worcester Regional Transit Authority Board to postpone any vote concerning budget cuts until such time as the proposal has ample public hearings across the City of Worcester, and, further, request the Board and the WRTA Administration meet with state leaders concerning future funding for the transit authority.

Motion Petty - Suspension of Rules - Request City Manager report to City Council concerning the taxation of real estate and personal property owned by colleges and universities for income related activities such as event rentals, printing, wireless cellular towers, tables/chairs, etc. used in connection with for-profit activities that compete with local tax-paying businesses, and if colleges and universities are determined to be mixed use properties, request the City Manager engage the services of a company that specializes in auditing personal property that would accurately identify additional tax revenue on such personal property.

PETITION - Councilor Barbara G. Haller request to install a No Parking Zone in Sigel St., on both sides, near Quinsigamond Ave.

Motion Rosen - Suspension of Rules - Request City Manager provide City Council with a report explaining the reasons Fallon and Blue Cross/Blue Shield Health Insurance plans were not participants on Community Immunity Day.

Motion Rushton - Suspension of Rules - Request City Manager review the resurfacing project in Clark St. and respond to the non-existence of sidewalks and timeline for completing this project.

Motion Rushton - That the Tax Classification Hearing to determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2008 will be held on Tuesday, October 30, 2007 at 7:00 P.M.