CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 13, 2007

Council Chamber

Convened: 7:07 P.M.

Adjourned: 9:09 P.M.


Mayor
Konstantina B. Lukes

 

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Paul P. Clancy Jr. Barbara G. Haller
Dennis L. Irish Philip P. Palmieri
Michael C. Perotto Joseph M. Petty City Clerk
David J. Rushford
Gary Rosen Frederick C. Rushton
Joffrey A. Smith Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER - ALEXANDRA MILLS

3.

ROLL CALL - All present

4.

FIRST ITEMS OF BUSINESS

4a.

Communication of the City Manager relative to Economic Development Initiatives Monthly Status Report - November 2007.

Attachments

Referred to Commerce and Development Committee, Housing and Neighborhood Revitalization Committee, Public Service and Transportation Committee and Public Works Committee

 

4b.

Communication of the City Manager transmitting informational communication regarding the Economic Development Division's (EDD) small business retention and recruitment efforts and other coordinated City activities.

Attachments

Referred to Commerce and Development Committee

 

5.

ITEMS OF CITIZEN INTEREST

5a.

Councilor Palmieri - Under Suspension of Rules - wished to thank Arthur Sisko and the carpenters union who were instrumental in the designing, building and completion of the Food Pantry at Plumley Village.

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Bonnie Harmon request City abandon Cayuga St. and apportion it to abutting property owners.

Attachments

Tabled Under Privilege - Rushton

 

7b.

Nancy Tibbetts et al request to make public Onset St.

Attachments

Referred to Planning Board

 

7c.

Nancy LaFlash request street light across the street from 18 Dutton St.

Attachments

Referred to Public Service and Transportation Committee

 

7d.

Gladys Howe request sidewalk repair at 54 Eunice Ave. due to tree root growth.

Attachments

Referred to Public Works Committee

 

7e.

Amy & Kelly Devlin et al request to block Emily St. off at Fredrickson Ave. making it a "not a thru street".

Attachments

Referred to Public Works Committee

 

7f.

Americo Ursoleo request to install a fence in the vicinity of 1050 Grafton St. across from the Sunoco Gas Station.

Attachments

Referred to Public Works Committee

 

7g.

Edvard Trevant request sidewalk repair in front of 327 Hamilton St.

Attachments

Referred to Public Works Committee

 

7h.

Reverend Richard Jakubauskas request sidewalk repair in Waverly St. side of St. Casimir Church.

Attachments

Referred to Public Works Committee

 

7i.

State Representative John Fresolo on behalf of Jessie O'Rourke request handicap parking space in front of 33 Wabash Ave.

Attachments

Referred to Traffic and Parking Committee

 

7j.

Andrew Nordstrom et al request to install residential permit parking in east side of Humboldt Ave. at corner of Salisbury St. along frontage of 80 Salisbury St. and accessory parking lot.

Attachments

Referred to Traffic and Parking Committee

 

7k.

Andrew Nordstrom et al request to install residential permit parking in west side of Humboldt Ave. at corner of Salisbury St sufficient enough for 8 parking spaces in addition to existing 2 handicap parking spaces.

Attachments

Referred to Traffic and Parking Committee

 

7l.

Marybeth Campbell et al request to install 2 commercial parking spaces in east side of Humboldt Ave. north of driveway of 80 Salisbury St.

Attachments

Referred to Traffic and Parking Committee

 

7m.

Wendy Johnson et al request handicap parking space at 15B Everard St.

Attachments

Referred to Traffic and Parking Committee

 

7n.

Susan Reid, Director of Transportation for the Abby Kelley Foster Charter Public School, request that between 7:30 - 8:00 a.m. Monday - Friday, the traffic lights remain green longer so parents may enter New Bond St. from West Boylston St. and traffic does not back up.

Attachments

Referred to Traffic and Parking Committee

 

7o.

Susan Reid, Director of Transportation for the Abby Kelley Foster Charter Public School, request a sign be posted on the right side of New Bond St. stating that traffic may turn right on red after stopping.

Attachments

Referred to Traffic and Parking Committee

 

7p.

Christopher Jordan request two handicap parking signs be removed from 53 Chilmark St.

Attachments

Referred to Traffic and Parking Committee

 

7q.

Bruce Holden request to remove handicap parking signs at 9 Wilson St.

Attachments

Referred to Traffic and Parking Committee

 

7r.

Herbert Gilbert request handicap parking space in Buffum St. side of 21 Coes St.

Attachments

Referred to Traffic and Parking Committee

 

7s.

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for joint pole location in: OLEAN ST.

Attachments

Hearing set for November 20, 2007 - 7:00 P.M.

 

7t.

Jonathan Curtis request to establish a Citizen's Advisory Committee to help implement the Climate Action Plan.

Attachments

Referred to City Manager

 

8.

CHAIRMAN'S ORDERS

8a.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager inform City Council of the process it would need to follow to effect the construction of sidewalks along major arterials of the City without hearings, balloting, nor with assessments being levied against abutting property owners.

Attachments

Order adopted

 

8b.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request Superintendent of the Worcester Public Schools provide City Council with a report that details the current status of the swimming pool at South High Community School and the estimated cost of repairs.

Attachments

Order adopted

 

8c.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager provide City Council with options for providing improved access to Coes Pond beach by the residents of Lakeside Apartments.

Attachments

Order adopted

 

8d.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager provide City Council with an estimate of the costs to develop an aquatics master plan.

Attachments

Order adopted

 

9.

ORDERS

9a.

Request City Manager request the Police Chief to install the speed monitoring trailer and provide surveillance for speeding in Orient Street in the interest of public safety. (Toomey)

Attachments

Order adopted

 

9b.

Request City Manager provide City Council with a report concerning plans, if any, for City contributions to the cost of Medicare Part B for retirees beginning July 1, 2008. (Irish, Petty, Smith)

Attachments

Motion Clancy to amend: Further, request City Manager request City Solicitor to provide City Council with a legal opinion relative to whether a supplemental plan can be only offered to retirees who are Worcester residents who have transferred to Medicare Part B. Order adopted, as amended

 

9c.

Request City Manager report to City Council why a Senior Fallon Select Plan is not offered as part of the Medicare supplemental plans. (Clancy, Palmieri)

Attachments

Order adopted

 

9d.

Request Mayor and City Manager contact the Boston Red Sox to determine if the 2007 World Series trophy could be brought to Worcester for a day. (Clancy, Palmieri)

Attachments

Order adopted

 

9e.

Request City Manager consider placing on the monthly Economic Development agenda a report achieving full services on the MBTA line from Worcester to Boston. Further, request City Manager organize a summit on said plan that would involve the participation of local political and managerial leaders as well as members of the state legislative delegation.(Palmieri, Clancy, Perotto)

Attachments

Order adopted

 

9f.

Request Mayor and City Manager consider appointing a Commission comprised of public/private partners and community stakeholders to consider whether or not Worcester should return to a single real estate tax rate since residential tax bills have skyrocketed and jobs have decreased during the past five years. (Rushton)

Attachments

Order adopted on a roll call vote of 6 Yeas and 5 Nays (Yeas - Irish, Perotto, Petty, Rushton, Smith, Toomey) (Nays - Clancy, Haller, Palmieri, Rosen, Lukes)

 

9g.

Request City Manager update the City Council concerning efforts to implement a 311 system. (Rushton)

Attachments

Order adopted

 

9h.

Request City Manager update the City Council concerning the implementation of a system for the aggregated purchasing of municipal energy. (Rushton)

Attachments

Order adopted

 

9i.

Request City Manager update the City Council concerning efforts to implement demand response technology which could grow revenues for the City of Worcester. (Rushton)

Attachments

Order adopted

 

9j.

Request City Manager consult with representatives of the Worcester Consortium for Higher Education to determine whether or not they would partner with the City to establish an incubator center similar to that at Salem State College. (Rushton)

Attachments

Order adopted

 

9k.

Request City Manager report to the City Council the number of jobs that have been lost in the City of Worcester during the last several years, and, the number of jobs that have increased/decreased in the non-profit sector during the same period. (Palmieri, Clancy)

Attachments

Motion Palmieri to correct: replace "been lost" with "increased/decreased". Order adopted, as amended

 

9l.

Request City Clerk report to City Council concerning voter access issues and solutions at the Norrback Avenue School, Ward 1, Precinct 5. (Petty, Smith)

Attachments

Order adopted

 

9m.

Request City Manager provide City Council with a report concerning the UAW health insurance proposal and any opinions as to how this may help underfunded cities and towns. (Toomey)

Attachments

Order adopted

 

10.

COMMUNICATIONS

10a.

Helen Friel, Assistant to the Superintendent of Public Schools/Clerk of the School Committee, transmitting communication from the School Committee requesting the Administration enter into a contract of ten (10) years for the rental of space for the Worcester Public Schools' owned and operated special education vehicles and operations center.

Attachments

Refer to City Manager

 

10b.

Roberta Schaefer, Executive Director of the Worcester Regional Research Bureau, transmitting communication relative to Benchmarking Economic Development in Worcester: 2007.

Attachments

Referred to Commerce and Development Committee

 

10c.

David J. Rushford, City Clerk, transmitting communication relative to the two vacancies on the Worcester Library Board of Directors for January 2008.

Attachments

Placed on file

 

10d.

Communication of the City Manager transmitting communication regarding the City's Health Claims Trust Fund and the planned uses for that fund within the Fiscal Year 2008 budget as prepared by Robert J. Allard, Jr., Acting Chief Financial Officer.

Attachments

Referred to Municipal Operations Committee

 

11.

RESOLUTION

11a.

That the City Council of the City of Worcester supports Fuel Assistance and the work of the Worcester Community Action Council, Inc. as Fuel Season begins on November 1, 2007. (Irish)

Attachments

Mayor Lukes recognized Jill Dagilis who spoke to this item Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 

12.

REPORTS OF THE PLANNING BOARD

12a.

REPORT OF THE PLANNING BOARD Upon the Petition of Scott Cashman, Vice Chairman of the Worcester Planning Board on behalf of Worcester Planning Board respectfully recommends that the Zoning Ordinance be amended to correct an inadvertent omission in Article XV-Adaptive Reuse Overlay Districts by inserting the following and re-lettering accordingly: "B. In addition, the Planning Board, by special Permit, shall have the authority to waive or modify dimensional controls set forth in Table 4.2 of this Ordinance."

Attachments

Referred to Land Use Committee for a hearing

 

12b.

REPORT OF THE PLANNING BOARD Upon the Petition of Scott Cashman, Vice Chairman of the Worcester Planning Board on behalf of the Worcester Planning Board respectfully recommends the following Zoning Ordinance amendment: " That Article IV, Section 6(4), last sentence regarding illuminated or motion signs be deleted from the Zoning Ordinance". This amendment reflects City Council's policy intent and is internally consistent with City Council's recent amendment to Table 4.3 that prohibits this type of sign in Business Limited (BL-1) districts.

Attachments

Referred to Land Use Committee for a hearing

 

12c.

REPORT OF THE PLANNING BOARD Upon the Petition of Scott Cashman, Vice Chairman of the Worcester Planning Board on behalf of the Worcester Planning Board respectfully recommends the following Zoning Ordinance amendment: That Article IV, Table 4.2-Permitted Dimensions by District, regarding Single-Family, Semi-detached dwellings in RS-10 and RS-7 zones be deleted". This amendment reflects City Council's policy intent and is internally consistent with City Council's amendment to prohibit this use in RS-7 and RS-10 zones.

Attachments

Referred to Land Use Committee for a hearing

 

12d.

REPORT OF THE PLANNING BOARD Upon the Petition of Donald Kelley et al request to make Dayton Place a public street.

Attachments

Referred to Public Works Committee for a hearing

 

12e.

REPORT OF THE PLANNING BOARD Upon the Petition of Michael Miller request to make public Chequesset Rd. from Lake Ave. North to Ansonia Rd.

Attachments

Referred to Public Works Committee for a hearing

 

12f.

REPORT OF THE PLANNING BOARD Upon the Petition of Michael Miller request to install sewers in Chequesset Rd. from Lake Ave. North to Ansonia Rd.

Attachments

Referred to Public Works Committee for a hearing

 

13.

REPORTS OF THE COMMITTEE ON PUBLIC WORKS

13a.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Communication of the City Manager transmitting informational communication relative to Revised Fiscal Year 2008 Sidewalk Rehabilitation Program List.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

13b.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Samuel DeSimone, Attorney for Continuing Care Management, LLC request to be allowed to enter into a prior agreement for installation of utilities, sewers, water and storm drains in a private street known as West Chester St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

13c.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Philip Morgan et al request to install a sewer line in lower Wheeler Ave., from Forest St. to the terminus of the street.: recommend Petition be referred to the Planning Board for hearing

Attachments

Referred to Planning Board

 

14.

TO BE ORDAINED

14a.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 75 North St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14b.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 10 Strathmore Rd.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14c.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 21 Thorne St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14d.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 27 Perry Ave.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14e.

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.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14f.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 1996 providing for Stop Sign on Otsego Rd. at Forest St. facing eastbound traffic on Otsego Rd.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14g.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 1996 providing for Stop Sign on Wheeler Ave. at Forest St. facing eastbound traffic on Wheeler Ave.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14h.

Amend Section 43 of Chapter 13 of the Revised Ordinances of 1996 to reverse the Winter Ban on Clay St. from College St. to Boyden St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

15.

TABLED ITEMS

15a.

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)

Attachments

No action taken

 

15b.

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)

Attachments

No action taken

 

15c.

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)

Attachments

No action taken

 

15d.

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)

Attachments

No action taken

 

15e.

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)

Attachments

No action taken

 

15f.

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)

Attachments

No action taken

 

15g.

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)

Attachments

No action taken

 

15h.

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)

Attachments

No action taken

 

15i.

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)

Attachments

No action taken

 

15j.

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)

Attachments

No action taken

 

15k.

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)

Attachments

No action taken

 

15l.

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

Attachments

No action taken

 

15m.

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)

Attachments

No action taken

 

15n.

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)

Attachments

No action taken

 

16.

SUSPENSION OF RULES

16a.

Motion Petty @ #9b CC - Request City Auditor report to City Council as to what other cities or towns after passing MGL Chapter 32 section 18 have done relative to if they have made any type of payment to retirees who have moved to Medicare Part B.

Attachments

Order adopted

 

16b.

Motion Petty @ #9b CC - Request City Manager consider tracking random retirees who have transferred to Medicare to compare payments before and after October 1st.

Attachments

Order adopted

 

16c.

Motion Smith @ #9f CC - Request City Manager during it's study of the city's tax rate include a mandate for expansion of the commercial tax base over a number of years.

Attachments

Order adopted

 

16d.

Motion Toomey @ #9f CC - Request City Manager consider having a discussion concerning the impact the property evaluations for the next year will have on the tax rate.

Attachments

Order adopted

 

16e.

Motion Haller - Suspension of Rules - Request City Manager provide City Council with an update on the status of the WRTA, proposed service reductions and long term solutions.

Attachments

Order adopted

 

16f.

Motion Haller - Suspension of Rules - Request City Clerk provide City Council with a report of the Preliminary and Municipal Elections results. Vote tallies by Ward & Precinct and by Candidate.

Attachments

Order adopted

 

16g.

RESOLUTION by Councilor Palmieri - That the City Council of the City of Worcester hereby goes on record in support of all the groups advocating monies from the state for the WRTA.

Attachments

Resolution adopted

 

16h.

Motion Palmieri - Suspension of Rules - Request City Manager request the Police Chief take aggressive action for tagging motorists who do not stop for pedestrians in crosswalks in particular school zones and churches as well as any busy thoroughfares.

Attachments

Order adopted

 

16i.

Motion Petty - Suspension of Rules - Request City Manager provide City Council with emergency telephone numbers concerning heating assistance.

Attachments

Order adopted