CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 23, 2007

Council Chamber

Convened: 7:13 P.M.

Adjourned: 10:06 P.M.

Mayor
Konstantina B. Lukes

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Communication of the City Manager transmitting information communication relative to the property located at 5 Sycamore St. (Tabled - Haller October 16, 2007)

John Reed request to approve an addendum to the City of Worcester's Climate Action Plan to consider the use of convergence of two alternative renewable energy resources, wind and hydro-electric to make the "world's first perpetual power plant".

Pamela Green et al request private street maintenance in Rebboli Rd.

Alexander Luckner request resident permit parking in Portland St. side of 50 Franklin St.

Wanda Rouillard request resident only parking in Florence St. between Maywood and Oliver St.

Mildred Febles request handicap parking space in front of 156 Eastern Ave.

Councilor Philip P. Palmieri request installation of Children Go Slow signs and other measures such as the use of the speed advisory trailer and police enforcement action in Beverly Road, for traffic traveling in both directions.

Judith LeFave request to install handicap parking space in front of 34 St. Elmo Rd.

Jennifer Getachew request to speak before City Council on October 23, 2007 concerning the escalating mortgage and banking crisis hitting Worcester.

FROM THE COMMITTEE ON ELDER AFFAIRS - Request City Manager provide City Council with a report explaining how we might encourage better attendance at the Worcester Senior Center's activities by residents of Worcester Housing Authority facilities and include in said report financial and operational resources that would be needed to accomplish same.

FROM THE COMMITTEE ON ELDER AFFAIRS - Request City Manager provide City Council with a report concerning the feasibility of initiating voluntary transportation services to the Worcester Senior Center and including in said report concerns related to liabilities.

FROM THE COMMITTEE ON ELDER AFFAIRS - Request City Manager report to City Council what long-range resources might be needed to increase/improve services to our burgeoning senior population.

FROM THE COMMITTEE ON ELDER AFFAIRS - Request the City Council's Standing Committee on Elder Affairs to consider the feasibility of combining existing teams of resources from the Worcester Police Department, the Worcester Housing Authority, the Department of Health and Human Services and other local community resources so as to better and more comprehensively serve our senior community.

FROM THE COMMITTEE ON ELDER AFFAIRS - Request the City Manager report to the City Council whether the Senior Support Team of the Department of Health and Human Services might qualify for Community Development Block Grant funding.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager explore the possibility of enacting a plan that would allow the City to issue passes to health care professionals who need to park in areas where resident sticker parking is in force and effect.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager move forward with discussions between the local colleges and Zip Car to negotiate the company's operation in Worcester as part of the overall plan to solve on-street parking problems in neighborhoods negatively affected by institutional parkers.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request all Worcester colleges provide the City Council with their parking permit rules.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief to enforce prima facie driveway clearances in Duxbury Road and Catharine Street.

Request City Manager advise City Council concerning the steps the city can take to insure that the shelter operated by the Worcester Animal Rescue League maintains adequate sources of funding to prevent it from closing its doors after 95 years of continuous operation and wonderful service to Worcester and 17 other area municipalities. (Rosen)

Request City Manager report to City Council concerning the condition of the handball courts at the Harry Sherry Field and Green Hill Park; the extent of the damage due to vandalism, and the cost of fencing in the courts. (Lukes, Haller, Irish)

Request the City Manager coordinate information between the Department of Public Works & Parks and the Worcester School Department concerning the street sweeping operations so that leaves can be deposited in the streets in a timely manner to maximize street cleaning efforts. (Rushton)

Request City Manager coordinate the timing between the traffic and pedestrian lights at 1050 and 1060 Main Street so there is sufficient time allowed for elders crossing these several lanes of traffic. (Rushton)

Request City Manager request appropriate city staff conduct water testing in the area of Lake Quinsigamond behind 11 Lake Avenue, Lincoln Park Tower, where stagnant water is a perennial health concern, and report any efforts that might be taken to correct any problem. (Rushton)

Request City Manager report to City Council concerning the steps that would be necessary to attract to Worcester the interest of additional cable television service providers, such as Verizon, in light of continued rate increases, rate swapping, continued service delivery issues such as missed appointments, response time on the phone, trespassing onto private properties, and the continual inability of the current provider to meet customer demands for high definition channels and programming. (Petty)

Request City Manager adjust the timing of walk signals at the intersection of Main and Chandler Streets in the interest of pedestrian public safety. (Rushton)

Request City Manager and Commissioner of Public Health communicate with the City Council any information concerning actions the City may take to avert staph infections, especially among the student population. (Toomey)

Request City Council, through its standing committee on Rules and Regulations, to develop a process for periodic presentations by member(s) of the local state delegation regarding current bills/legislation which impact on the City of Worcester. This request is intended to maintain communications with local state legislators and to educate the Council and the public and to maintain compliance with open meeting legal requirements. (Lukes)

Request City Manager request the City Solicitor prepare an amendment to the Revised Ordinances that would allow for the electronic filing of campaign finance reports by District City Council and School Committee candidates. (Smith)

James A. DelSignore, City Auditor, transmitting communication relative to the September 2007 Auditor's Report.

Roberta Schaefer, PhD, Executive Director of the Worcester Regional Research Bureau, transmitting communication relative to Casino Gambling in Worcester: The Case for and Against.

Michael V. O'Brien, City Manager, transmitting informational communication for the tax classification hearing scheduled for October 30, 2007.

Michael V. O'Brien, City Manager, transmitting informational communication regarding the Worcester Regional Transit Authority (WRTA) budget as received from Stephen F. O'Neil, Executive Director of the WRTA.

REPORT OF THE COMMITTEE ON ELDER AFFAIRS Upon the Communication of the City Manager transmitting informational communication relative to an updated report on the various means of transportation for seniors traveling to and from the Worcester Senior Center Campus: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ELDER AFFAIRS Upon the Communication of the City Manager transmitting informational communication relative to the Senior Support Team (SST) an Innovative, Collaborative Effort coordinated by the Health and Human Services Division of Elder Affairs: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ELDER AFFAIRS Upon the Communication of the City Manager transmitting informational communication relative to programs that promote diversity at the Worcester Senior Center: recommend Communication be placed on file.

REPORT OF THE PLANNING BOARD Upon the Petition of Pandian Arumugam request zone change at 58 Suffolk St. from RG-5 and MG-2.0 to RG-5 in its entirety.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Marian Poreda request to install handicap parking space at 10 Strathmore Rd.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Marian Poreda request to remove handicap parking space from 27 Perry Ave.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Robin LaHair request handicap parking space at 21 Thorne St.: recommend passage of the accompanying proposed Ordinance for handicap parking space in front of 23 Thorne St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Wanda Eaton request handicap parking space in front of 75 North St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Lawrence Nevalsky request to change winter parking ban on Clay St. from College St. to Boyden St. so that parking is allowed on the even side instead of the odd side: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey request stop sign be installed facing eastbound traffic in Otsego Rd. at the intersection with Forest St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey request a stop sign be installed facing eastbound traffic in Wheeler Ave. at the intersection with Forest St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of the Elm Park-Lincoln Estate Neighborhood Association request to install "School Crossing" signs facing both north and southbound traffic in West St. near crosswalk at Dayton St. at the Elm Park Community School: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of the Elm Park-Lincoln Estate Neighborhood Association request to install a "Do Not Block Intersection" sign facing eastbound traffic in Highland St. at the corner of Sever St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of the Elm Park-Lincoln Estate Neighborhood Association request to install a "Do Not Block Intersection" sign facing eastbound traffic in Highland St. at Fruit St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Robert Couture request curve sign, or caution light, sign or arrow in the area of 106 Sunderland Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Flora Kroher et al request "Not a Through Street" and Cautionary signs be placed at Abington St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri request the installation of a speed limit or Traffic Go Slow sign in Plantation St. facing northbound traffic before the intersection with Winco Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Anthony Vigliotti, Registrar for the Registry of Deeds request permission to install three directional signs to the new location of the Worcester District Registry of Deeds at the following locations: 1) at the corner of Commercial St. and Central St., 2) at the corner of Commercial St. and Foster St. and 3) at the corner of Commercial St. and Front St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Frederick C. Rushton request the installation of three-way stop signs at the intersection of Webster St. with Hope Ave.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Gary Rosen request the Commissioner of Public Works and Parks repaint crosswalks in and around Newton Sq.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Idella Hazard request enforcement of the four way stop signs, enforcement of the clearance of the corners and the painting of crosswalks at Harrison St. and Providence St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Roger Lyon et al request to install handicap parking space in front of 54 Shelby St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of the Elm Park-Lincoln Estate Neighborhood Association request to change the hours for resident sticker parking on Sever St. between Hampden St. and Highland St. from a 24-hour prohibition to 5:00 pm - 7:00 am: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of the Elm Park-Lincoln Estate Neighborhood Association request to change the hours for resident sticker parking on Sever St. between Dayton St. and Marston Way from a 24-hour prohibition to 5:00 pm - 7:00 am: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of the Elm Park-Lincoln Estate Neighborhood Association request to expand the two-hour parking restriction on the west side of Sever St. which currently encompasses the area in front of the Worcester Tennis Club to include the area immediately south to the street light pole just north of the mailbox near Dayton St., adding four parking spaces to the two-hour parking area: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jason McGee request removal of handicap parking space in area of 13 Rena St.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Anne-Marie Gardner request the one hour parking in front of Hahnemann Campus on Lincoln St. be removed: recommend Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of David Nergararian request a stop sign on the corner of Lafayette St. and Washington St.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mary Vilorio request a "Do Not Block Driveway" sign in front of 27 Duxbury Rd.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Josephine Roman request "Caution Driveway" sign at 17 Catharine St.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Michael Cronin request to install a traffic light, with walk-light capacity, in Belmont St. in front of UMass Memorial Hospital: recommend Petition be denied.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind one hour parking on east side of Lincoln St. in front of U-Mass Memorial Hahnemann Campus between Duxbury Rd. and Brittan Lane and install two hour parking meters in said place.

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 Haller @ #4a CC - Request City Clerk send to the License Commission for consideration a transcription of the testimony concerning 5 Sycamore St. that was given before City Council.

RESOLUTION of Councilor Rushton @ #4a CC - In light of the testimony brought before the City Council That the City Council of the City of Worcester hereby goes on record requesting the License Commission consider if warranted shutting down 5 Sycamore St.

Motion Petty @ #10d CC - Request City Manager request City Solicitor provide City Council with a legal opinion as to whether the City of Worcester has the ability to loan or transfer funds to pay the portion of the Worcester Regional Transit Authority's $1.2 million debt for services provide to the City.

RESOLUTION of Councilor Petty @ #10d CC - That the City Council of the City of Worcester hereby goes on record in support of the Worcester Regional Transit Authority securing additional State Funds for this Fiscal Year and forward, and further, that the City Council of the City of Worcester hereby goes on record asking the Worcester Regional Transit Authority to hold these service reductions until July 1, and not now, and not in January when winter will cause even more hardship to the transit dependent. And that the City Council and the City Manager are part of the lobbying to erase this operational debt for 2007 and prior years and that funding for next year be increased.

Motion Perotto @ #10d CC - Request City Manager go to the Worcester Regional Transit Authority and request they not implement the $1.2 million in service cuts until the state and the bond counsel is consulted concerning the ability to make up the deficit.

RESOLUTION of Councilor Perotto @ #10d CC - That the City Council of the City of Worcester hereby goes on record requesting the State assist the City in providing the $1.2 million for the Worcester Regional Transit Authority deficit.

Motion Haller @ #10d CC - Request Worcester Regional Transit Authority provide information that would clarify the suggested bus route modifications in District Four.

Motion Haller @ #10d CC - Request Worcester Regional Transit Authority hold an additional service reduction hearing in the Green Island neighborhood.

Motion Toomey @ #10d CC - Request City Manager contact Worcester's federal delegation for suggested solutions to Worcester Regional Transit Authority's budget situation.

Motion Irish @ #10d CC - Request City Manager report to City Council as to what he has learned from our state delegation relative to what is occurring at the State House concerning solutions to Regional Transit Authority's debts statewide.

Motion Irish @ #10d CC - Request Worcester Regional Transit Authority provide City Council with a report concerning ridership over the past three years.

Motion Lukes to amend: to change three years to ten years

Motion Lukes to amend: Further, request report include the bus routes that existed over the past ten years and any cuts that have occurred.

Motion Petty @ #10d CC - Request Worcester Regional Transit Authority provide City Council with the short and long term plan for bus service that was prepared a few years ago.

Motion Perotto @ #9f CC - Request City Manager provide City Council with a report concerning best practices of other Massachusetts communities pursuing cable television competition.

Motion Palmieri @ #9f CC - Request City Manager report on the status of the telecommunications loophole legislation.

Motion Toomey @ 9i CC - Request Chairperson of City Council's Standing Committee on Rules and Regulations invite the Chairperson of Legislative Affairs to it's meeting City Council's item #9i is considered.

Motion Clancy @ #10c CC - Request City Manager provide a report to City Council containing average residential valuation for ten years and the average commercial valuation for same period. Also, over that ten year period, as residential assessments have taken up more percentage of the overall assessment, how much of the increase in that percentage of assessments has borne that change. And further, add the commercial valuation to the residential valuation chart included in item #10c City Council item.

Motion Rushton @ #10c CC - Request City Manager provide City Council with a report describing the average assessments going back to 1984 for residential and commercial and adjust it for inflation showing what the assessments would mean in today's dollars. Further, request the average single tax rate bill for a person going back to 1984 and adjust it for inflation.

Motion Haller to amend: Further, request data of residential properties be broken down into single family, two family, three family and condos valuations.

Motion Haller @ #10c CC - Request City Manager provide the estimated population for the past ten years.

Motion Toomey @ #10c CC - Request City Manager request City Assessor try to get the information missing from the chart in City Council's item #10c relative to FY 2007 Average Single Family Tax Bill for the cities/towns of Barnstable, Brookline, Cambridge, Chelsea, Marlborough, Nantucket, Somerset, Somerville, Tisbury, Waltham, Watertown.

Motion Toomey @ #10c CC -Request City Manager submit a chart of exempt properties for FY2008 of cities similar in size to Worcester to use as a comparison to Worcester's exempt properties.

Motion Palmieri @ #10c CC - Request City Manager request the City's Acting Chief Financial Officer provide City Council with his opinion relative to the changes of commercial to residential rates and how it has impacted Worcester and if it is counterproductive to businesses.

Motion Haller @ #10c CC - Request City Manager provide a chart showing trends of the tax exempt properties for the past ten years.