CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 20, 2007

Council Chamber

Convened: 7:07 P.M.

Adjourned: 9:35 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Hearing - NATIONAL GRID & VERIZON NEW ENGLAND, INC. for joint pole location in: OLEAN ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC. for joint pole location in: OLEAN ST.

PROCLAMATION - Mayor Lukes read a proclamation proclaiming the weekend of November 23rd to the 25th as Healthcare Proxy Weekend. Proclamation was presented by Councilor Perotto to Christine McCluskey, Execute Director of Better Ending Partnership who spoke to this item.

Charlene Sigel request dead tree in front of 28 Hunthurst Circle be removed.

Lee Buckley request to establish decent standards in housing and renters equity in housing in Worcester.

Josephine Kinyua request handicap parking at 15 Suffield St.

Denise Devine on behalf of Judith Dulmaine request handicap parking in front of 40 Duxbury Rd.

Councilor Joffrey A. Smith on behalf of Rick Robillard request installation of a “Not a Through Street” sign on Salisbury Street at the entrance to Flower Hill Drive.

Ryan Pinto et al request City Council give consideration to building a skateboard park in the Worcester Common Outlet area.

Notification of Appointment of Daniel Bondzie and Candace Shivers to the Affirmative Action Advisory Committee.

Notification of Appointment of Mich'lene Davis and Reappointment of Jennifer Houghton and Stasia Hovensian to the Cultural Commission.

Notification of Appointment of Kathleen Johnson and Reappointment of Elaine Wrubel to the Elder Affairs Commission.

Notification of Appointment of Joseph Genduso to the Memorial Auditorium Board of Trustees.

Notification of Appointment of Jill Normandin and Reappointment of John Lentini and Joseph Sinasky to the Commission on Disabilities.

Notification of Reappointment of Andrew Freilich to the Zoning Board of Appeals.

Notification of Appointment of Kerrie Schofield and Etel Capacchione to the Advisory Committee on the Status of Women.

Transmitting Informational Communication Relative to the Multiple Awards Bestowed upon the City's Government Channel 12.

Transmitting Informational Communication Relative to City Retiree Health Insurance.

Recommend City Council Adoption of Two Resolutions 1) for the Submittal of a Certified Project Application for WCPA, LLC and the Worcester Center For Performing Arts, Inc., and 2) for the Designation of a New Site Specific Economic Opportunity Area for the Site Location of 4 Southbridge Street.

Recommend City Council Adoption of a Resolution to File and Accept a HUD Section 108 Loan Guarantee for WCPA, LLC for the Hanover Theatre for the Performing Arts.

Transmitting Informational Communication regarding Improvements to Federal Square.

Recommend City Council Adoption of the Attached Resolution to Accept a Grant for $100,000 from the Massachusetts Office of Travel and Tourism.

Recommend City Council Adoption of an Order Authorizing the Approval, Execution and Recording of the Amended and Restated Preservation Restriction for 23 Oxford Street.

Transmitting Informational Communication Relative to the Keep Worcester Clean Report for the Months of August and September 2007.

Transmitting Informational Communication Relative to the "2007 Outstanding Citizen Forester Award" presented to Brian Breveleri, Supervisor of Forestry with the City of Worcester, from State Department of Conservation and Recreation.

Transmitting Informational Communication Relative to the Four Corners Traffic Improvement Project and Eminent Domain Process.

Transmitting Informational Communication Relative to the Worcester County Trial Court's Community Service Program.

Transmitting Informational Communication regarding the Discontinuance and Abandonment of Amesbury Street.

Transmitting Informational Communication Relative to a National Grid Cable Project.

Transmitting Informational Communication Relative to the report on the Kinnicutt Road South Sewer surcharge prepared by Weston & Sampson., Inc.

Transmitting Informational Communication Relative to a Report on the Results of the November 1, 2007 License Commission Hearing Relative to the Application for a Lodging House License at 5 Sycamore St.

Transmitting Informational Communication Relative to Massachusetts Police Chiefs' Experiences with Syringe Disposal Sites.

Transmitting Informational Communication Relative to the Worcester Police Department's Plan to Reduce Speeding and other Traffic Violations.

Transmitting Informational Communication Relative a Report on Homicide by Firearm, Non-Fatal Shootings, Firearm Seizures, and Source of the Firearm for Each.

Transmitting Informational Communication Relative to the Arrest of College Students During the Period August 23 - 27, 2007.

Transmitting Informational Communication Relative to Overgrowth at the Property Located at 2 Summerhill Avenue.

Transmitting Informational Communication Relative to an Overflowing Dumpster and Overgrowth at 144 Stafford Street.

Transmitting Informational Communication Relative to Overgrowth at the Property Located at 64 & 79 Beacon Street.

Transmitting Informational Communication Relative to a Report on a Self Funded Program Requiring Health and Code Inspections and Permits Yearly for Rooming Houses and Non-Owner Occupied Facilities and Houses.

Recommend City Council Adoption of a Resolution to Accept with Gratitude, a donation made to provide Fuel Assistance to the Elderly in the City.

Transmitting Informational Communication Relative to Methacillan Resistant Staphylococcus Aureus (MRSA) in our Community.

Recommend City Council Adoption of a Resolution to File and Accept a Grant from the Massachusetts Office of the Attorney General for the Prevention of Youth Alcohol Abuse in the City.

Request City Council Adoption of the Attached Resolution to Accept with Gratitude an in-kind donation of $32,000.00 from Vietnam Veterans for the Community.

Recommend City Council Approval for the Worcester School Department to Enter into a 10-Year Contract for the Rental of a Storage Yard for Special Education Buses and Operations Center.

Transmitting Informational Communication Relative to the January 2008 Mailing of the amended State Tax Form 3ABC to all Charitable, Benevolent, Educational and Literary Organizations in the City of Worcester.

Recommend that Seventy Thousand Dollars And No Cents ($70,000.00) be transferred from Loan Account # 91C711, Citywide Building Rehabilitation, and be appropriated to Account # 11C703, Alderman Chamber Rehabilitation, to allow for anticipated invoices related to the rehabilitation of the Alderman Chamber and the surrounding offices, as approved in the Fiscal Year 2006 and Fiscal Year 2007 Capital Improvement Program.

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) be transferred from Account #91C727, Franklin Street Fire Station, and be appropriated to DPW Account #41C726, Franklin Street Fire Station, to allow for the payment of on going contractual obligations.

Recommend that One Hundred Nineteen Thousand Two Dollars And No Cents ($119,002.00) be transferred from Loan Account # 91C780, Capital Equipment, and be appropriated to Account # 72C701, Parks Capital Equipment, for the purchase of various equipment, as approved in the Fiscal Year 2008 Capital Improvement Program.

Recommend that Fifteen Thousand Two Hundred Fifty Five Dollars And Sixty Five Cents ($15,255.65) be transferred from Loan Account # 91C780, Capital Equipment, and be appropriated, when and as received, to Account # 72C701, Parks Capital Equipment, for the purchase of a tractor, as approved in the Fiscal Year 2007 Capital Improvement Program.

Recommend that Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Loan Account #91C713, Water Mains, and be appropriated to DPW Account #45C720, Water Mains, to allow for the payment of current invoices and anticipated future obligations.

Recommend that Fifty Three Thousand Four Hundred Seventy Seven Dollars And No Cents ($53,477.00) be transferred from Loan Account #91C731, Capital Equipment, and be appropriated, when and as received, to Water Account #45C703, Capital Equipment, to allow for the purchase and future payment of various equipment, as approved in the Fiscal Year 2007 Capital Improvement Program.

Recommend that Ninety Thousand Six Hundred Seventy Nine Dollars And No Cents ($90,679.00) be transferred from Loan Account #91C731, Capital Equipment, and be appropriated, when and as received, to Water Account #45C703, Capital Equipment, to allow for the purchase and future payment of a four wheel drive backhoe, as approved in the Fiscal Year 2008 Capital Improvement Program.

Recommend that One Hundred Eighty One Thousand Nine Hundred Eighty Seven Dollars And No Cents ($181,987.00) be transferred from Loan Account #91C734, Sewer Capital Equipment, and be appropriated, when and as received, to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of various equipment, as approved in the Fiscal Year 2008 Capital Improvement Program.

Recommend that Three Thousand Dollars And No Cents ($3,000.00) be transferred from Loan Account # 91C777, Auditorium, and appropriated to Account # 74C701, Auditorium Capital Rehabilitation, for various costs associated with the installation of a new boiler at the Worcester Memorial Auditorium, as approved in the Fiscal Year 2008 Capital Improvement Program.

Recommend that Forty Four Thousand Two Hundred Ninety Seven Dollars And No Cents ($44,297.00) be transferred from Loan Account #91C780, Capital Equipment, and be appropriated, when and as received, to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of various capital equipment, as approved in the Fiscal Year 2008 Capital Improvement Program.

Recommend that Four Hundred Fifty Thousand Dollars And No Cents ($450,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and appropriated to Account #50C704, Worcester Public School Building Rehabilitation.

Recommend that Fifteen Thousand Dollars And No Cents ($15,000.00) be transferred from Account #91C711, Citywide Building Rehabiliation, and be appropriated to Account #34C702, Elder Affairs Rehablitation, for the purpose of replacing the flashing/drip edge around the Senior Center roof.

Recommend City Council Approval of the following transfers to Finalize the Fiscal Year 2008 Budget Prior to Recapitulation and Final Certification from the Department of Revenue

Recommend City Council Approval of Revolving Fund Account use as done in Previous Years, at the Limits Listed for Each Account.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Account # 670-91000, Assessing Personal Services, and be appropriated to Account # 150-91000, Election Commission Personal Services, to provide funding for the ballot recount of the November 6, 2007 Mayors race.

Recommend that Two Hundred Sixty Four Thousand Nine Hundred Seven Dollars And No Cents ($264,907.00) be transferred from Certified Free Cash, and be appropriated to Account #359-21, Bond Rating Stabilization Fund in accordance with the City's Five Point Plan Reserve Policies.

Transmitting Informational Communication Relative to the City's 2007 Festival of Lights Celebration.

SUPPLEMENTAL: Transmitting Informational Communication Regarding the Francis H. Dewey Charity Trust and Thanksgiving Donations.

SUPPLEMENTAL: Transmitting Informational Communication regarding the Agreement between the City of Worcester and the UMass Memorial Medical Center for Ambulance Service.

SUPPLEMENTAL: Transmitting Informational Communication Regarding the Worcester Regional Transit Authority Board Vote Relative to State Funding and Proposed Service Reductions.

Petition of Bonnie Harmon request City abandon Cayuga St. and apportion it to abutting property owners. (Tabled - Rushton November 13, 2007)

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 Clancy @ #8.12F CM - Request City Manager request National Grid provide the city with maps of the proposed route for their 3.5 mile cable project through the center and east side of the city for inspection and review by the City Council's Standing Committee on Public Works.

PRESENTATION @ #8.6A CM - City Manager offered a power point presentation relative to “Five Point Plan At Work - Five Year Report: Fiscal Year Forecast Fiscal 2009 through Fiscal 2011”.

Motion Rushton @ #8.6ACM - Request City Manager provide City Council with a report in two weeks relative to the impact on health insurance premiums as a result of moving retired employees from 80% to 75%.

Motion Rushton @ #8.6ACM - Request City Manager as part of his revised Five Year Plan report to City Council with his goals to increase growth revenue and identify where revenues can grow within the city including energy.

Motion Toomey @ #8.6A CM - Request City Manager provide City Council with a report concerning what will the financial impact be for both the city, employees and retirees if the city accepts MGL Chapter 32 section 19 and utilized the GIC.

Motion Petty @ #8.6A CM - Request City Manager provide City Council with a list of cities and towns who have adopted MGL Chapter 32, section 19 and GIC.

Motion Rosen @ #8.6A CM - Request City Manager provide City Council with an report with the latest information for the Municipal Partnership Act, Telecommunications Loophole, Hotel/Motel tax and the increase potential of meals tax.

Motion Rosen @ #8.6ACM - Request City Manager provide City Council with an update of the Pilot program and its future in the City of Worcester.

Motion Rosen @ #8.6ACM - Request City Manager provide City Council with a report updating the status of red light cameras and where the city stands on this issue.

Motion Rosen @ #8.6ACM - Request City Manager report to City Council concerning information and his thoughts of the possible return to a 50/50 split on future revenues with the city school department.

Motion Smith @ #8.6ACM - Request City Manager provide City Council with a report relative to the impact to the city budget and retirees for each health insurance contribution rate from 80/20 through 75/25 in one point increments.

Motion Smith @ #8.6ACM - Request City Manager provide City Council with a forecast of the commercial tax base as to growth or lack thereof.

Motion Clancy @ #8.6ACM - Request City Manager provide City Council with an update of the total current savings since implementing the health plan changes for those employees who are non-medicare retirees with conventional plans effective January 1, 2008.

Motion Clancy @ #8.6A CM - Request City Manager provide City Council with an update relative to the health insurance trust fund after recalculations.

Motion Toomey @ #8.6A CM - Request City Manager provide an updated report of the cities and towns who are participating in MGL Chapter 32, section 19 and GIC as well as commentary from the cities and towns as to how it is working and what are their projected and current savings.

Motion Rushton @ #8.12G CM - Request City Manager add the Kinnicutt Rd. South sewer surcharge project to the quarterly economic development report.

Motion Haller @ #8.12G CM - Request City Manager report on the timeline and the extent of the work required for the completion of Cambridge St. sewer project.

Motion Irish @ #8.17A CM - Request City Manager provide City Council with a report as to the feasibility of a local ordinance concerning the disposal of syringes before the end of this calendar year.

Motion Haller @ #8.17A CM - Request City Manager provide City Council with a report as to how the state plans on dealing with the disposal of syringes.

Motion Lukes @ #8.17B CM - Request City Manager request a representative of one of the companies who provide the services for operating surveillance cameras make a formal presentation before one of City Council's standing committees to demonstrate the compelling need of camera surveillance and notify Councilors when this presentation will take place. Further, request City Manager check the status of pending legislation for camera surveillance and services that are attached to operating the cameras.

Motion Haller - Suspension of Rules - Request City Manager take steps to reset the lights at University Park such that the lights are on from 4:00 P.M. to 7:00 A.M. each day. (Haller)