CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Wednesday, October 1, 2008

Council Chamber

Convened: 7:09 P.M.

Recessed to Executive Session: 9:55 P.M.
Reconvened to Open Session to Adjourn: 10:55 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Hearing: NSTAR requesting permission for a gas main location in WHISPER DR.

Granting permission to NSTAR for a gas main location in WHISPER DR.

Communication of the City Manager transmitting informational communication relative to the retirement of Head Librarian Penelope B. Johnson
#10.28A CM September 23, 2008

Communication of City Auditor transmitting Quarterly Report on City Finances.

Communication of the City Manager transmitting informational communication relative to a Financial Update as of September 2008.

#9.30A CM June 17, 2008 Communication of the City Manager transmitting Five Year Capital Improvement Plan for the Fiscal Year 2009.

#12b CC February 26, 2008 Order of Councilor Paul P. Clancy, Jr. and Mayor Konstantina B. Lukes requesting City Council's Standing Committee on Finance meet with a representative from Sullivan & Rogers, LLC for an exit interview on latest audits.

#9a CC September 9, 2008
Communication of the City Auditor transmitting the July 2008 Auditor's Report.

#10.32A CM September 23, 2008 Communication of the City Manager transmitting informational communication relative to the number of Elderly Property Owners who receive Real Estate Property Tax Abatements and those who receive the Lifeline Abatement on their Water and Sewer Billing.

#10.33A CM September 23, 2008
Communication of the City Manager transmitting informational communication relative to updated Bond Ratings and Ratings Reports.

Patrick Dowd request abatement of street betterment assessment #24731 in the amount of $4,118.00 for Inverness Ave.

Carl & Lynn Hakala et al request private street maintenance for Rural St.

James J. O'Connor request Quissett St. be repaved from Zenith Dr. to Iroquois St.

Councilor Frederick C. Rushton request sidewalk repair in front of 60 Havelock Rd.

Councilor Frederick C. Rushton request to repave Claridge Rd.

Jonathan Simpson request abatement of street betterment assessment #24735 in the amount of $2,470.80 for Inverness Ave.

Matthew Hayes request abandonment of city easement at 165 Holden St.

Judith Dulmaine request removal of the handicap parking signs at 40 Duxbury Rd.

Josephine Quinn et al request stop sign at King Philip Rd. and Leeds St.

Councilor Michael J. Germain request pedestrian crosswalk devise to be increased from 12 to 18 seconds at the intersection of Main St. and Cambridge St.

Councilor Frederick C. Rushton request stop sign at Vincent Circle and Massasoit Rd.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager provide City Council with an update concerning the impact of new legislation concerning the Telecom Loophole and a timeline for same.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager report to City Council with responses to the following: a breakdown of the make-up of a Public Employee Committee, an update as to how many of the cities in Massachusetts have accepted MGL Chapter 32B, Section 19, and statistics as to the amounts of monies and the length of time that City of Worcester retirees have made Medicare payments.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager request the City Solicitor provide the City Council with an opinion regarding the appropriate protocols that need to be followed for the City of Worcester to realize enactment of provisions of MGL Chapter 32B, Section 19.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager recommend to City Council that the City of Worcester pay up to 25% of M.G.L., Chapter 32B, Section 18 for current retirees of the City of Worcester.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager conduct a 10% random audit of retirees pension and Medicare Part B payments.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager report to City Council concerning retirees on conventional plans and the changes they would experience if MGL Chapter 32B, Section 18 was enacted.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager report to City Council the amount of monies left in Trust Fund Accounts from Fiscal Year 2004 to the most recent year.

Request City Manager investigate the city's ability to provide tax breaks to servicemen and women while they are on active duty overseas. (Toomey)

Request City Manager provide a report on the impact, if any, on the City's investment portfolio, with regard to any impact from the fall of Lehman Brothers and the sale of Merrill Lynch to Bank of America. (Toomey)

Request City Manager review all parking restrictions in the area of the Blackstone Canal District where there are businesses open after 5:00 P.M. (Toomey)

Request City Manager define the following parking restrictions with painted lines: 1) parking meter spaces; 2) handicap parking spaces; and 3) the "no parking zone" twenty feet from street corner. Further, request City Manager consult with the Sheriff's Department for their assistance in painting the requested parking designations. (Toomey)

Request City Manager report on the future of the former Fire Alarm Building on Park Avenue including whether an RFP will be issued soon for this property. (Rosen)

Request City Manager provide City Council with a report detailing the number, location, and conditions of all public city and school soccer fields in Worcester and also provide an estimate of funding needed to improve present soccer fields and/or provide one or more new fields for the youth and adults of our city.(Rosen)

Request City Manager complete the planting project at the Columbus Park Roundabout. (Eddy, Rushton)

Request City Manager consult with the Worcester Sharks regarding the possible management and redevelopment of the Charles Buffone Arena Ice Skating Rink on Lake Ave. (Germain)

Request City Manager consider a shuttle service from Union Station Garage to Shrewsbury St. and the Blackstone Canal District on Thursday, Friday and Saturday nights as means to promote economic development for those districts as well as utilization of Union Station Garage. (Germain)

Request City Manager consider an early warning system for businesses in areas that are recognized as potential flood districts. (Germain, Haller)

Request City Manager consider setting up a self-funded pooled approach for businesses throughout the city that are in flood zones and who can not get flood insurance due to their location. (Germain)

Request City Manager provide an updated report from the School Administration pertaining to the manner by which the School Department administers the Family Leave Act versus the manner City Administration administers it's policy. (Germain)

Request City Manager provide a report regarding the use/successes/failures of the summer programs, for residents at Lakeside Apartments, which provided access to Coes Pond beach on Mill St. and various other pools. (Germain)

Request City Manager consider establishing an Unruly Gathering Ordinance similar to the ordinance implemented in Narragansett, RI. (Germain, Haller, Petty, Rushton, Toomey, Smith, Rosen, Clancy, Palmieri)

Request City Manager report to City Council on the condition, amount of use, and reported intermittent closings of the water spray facility at Greenwood Park. (Rosen)

Request City Manager report to City Council on the Commonwealth of Massachusetts' plans and timetable for rebuilding the Dennis F. Shine Memorial Pool on Providence St. (Rosen)

Request City Manager draft regulations regarding the definition, eligibility, permitting and siting of Hookah Bars/Smoking Bars. (Lukes)

Request City Manager meet with downtown stakeholders on a monthly basis to discuss economic development options concerning new potential businesses that have made inquiries to the administration. (Palmieri, Haller, Smith, Eddy, Toomey, Clancy, Lukes)

Request City Manager inform City Council as to who is in charge of scheduling daily permits for the state park on Lake Ave, as well as what governing agency has oversight in regulating the noise ordinance at this park. (Palmieri)

Request City Manager recommend a process for local recent college graduates to obtain incentives to buy housing in Worcester. (Lukes)

Request City Manager communicate with local colleges to extend any employee incentives to purchase housing in Worcester to their recent graduates. (Lukes)

Request City Manager report on status of the Public Shade Tree Trust. (Lukes)

Request City Manager request a survey from all of the Consortium Colleges listing the various businesses who have hired their graduates from the past two years. (Toomey)

SEWER BETTERMENT ASSESSMENT: TIHONET STREET

SEWER BETTERMENT ASSESSMENT: LAKE AVENUE NORTH

Transmitting communication relative to August 2008 Auditor's Report.

Roberta R.Schaefer, President & CEO of Worcester Regional Research Bureau, transmitting Benchmarking Municipal Finance in Worcester 2008: Factors Affecting the City's Bond Rating Report.

Michael V. O'Brien, City Manager transmitting informational communication relative to Hired Snow Removal Equipment.

Michael V. O'Brien, City Manager, transmitting communication relative to Foreclosure in the City of Worcester and Requesting Adoption of an Order to Change the Table of Organization for the Division of Neighborhoods and Housing Development.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to the Scrap Metal Ordinance: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Petition of William S. Coleman, III request City Council have City Administration broadcast City Council meetings on the internet (live streaming) and also archive Council meetings on the City website: recommend adoption of the accompanying Order requesting City Manager to broadcast City Council meetings on the internet (live streaming) and also archive Council meetings on the City website. Further request the City Manager to report a timeline for implementation of the request of William Coleman to broadcast live streaming video of City Council Meetings.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Petition of Dr. Dawn Clark request the City Council's Standing Committee on Municipal Operations request the Administration to update our ability to utilize the City's web site to share the content of all public meetings through the use of streaming video, including closed captioning for people who are deaf and hard of hearing: recommend adoption of the accompanying Order requesting the City Manager to add closed captioning for people who are deaf and hard of hearing to the live streaming video broadcasting of City Council meetings. Further, request City Manager report a timeline for implementation of the request of Dr. Dawn Clark to add closed captioning for people who are deaf and hard of hearing to the live streaming video broadcasting of City Council meetings.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of David J. Rushford, City Clerk transmitting communication relative to the annual report to City Council concerning revenues collected by the staff of the City Clerk Department during the preceding fiscal year: recommend adoption of the accompanying order requesting the City Manager recommend to the City Council the establishment of a Marriage Counseling Donations Account and corresponding data acknowledging the donation revenues collected to date.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the 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: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to Yesterday's Appellate Tax Board Order regarding the "Telecom Loophole": recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to the March 3, 2008 Appellate Tax Board order regarding the Telecom Loophole: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Auditor transmitting a report that tabulates all of the Home Rule legislation affecting retirement benefits that have been passed by City Council for last 15 years. Also information regarding pending legislation that would have to be accepted by Home Rule to be enacted: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Auditor transmitting communication relative to a survey of the 104 Massachusetts local and regional public retirement systems by the Public Employee Retirement Administration Commission (PERAC) regarding acceptance of MGL section 2 Chapter 157 of the Acts of 2005. Also a PERAC survey of the 104 systems regarding acceptance of Section 1 of Chapter 157 of the Acts of 2005: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Auditor transmitting communication relative to the Health Insurance Trust Fund accounts for the City's self-insurance pool: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Auditor transmitting communication relative to a chart that responds to a request to conduct a survey of communities in the state that had accepted MGL c.32B s. 18 and what percentage of the health insurance premium they pay for their retirees on Medicare and also what percentage of the Medicare Part B premium is paid on behalf of those retirees and a report regarding what options the City might want to consider for the privatization of services: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Auditor transmitting a list of Massachusetts cities and towns that have accepted the provisions of MGL c. 32B s. 18 and the percentage of the Medicare Part B premium paid by the communities: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication regarding open enrollment for City retirees: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to City Retiree Health Insurance: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication regarding the penalty imposed by the Federal Government on retirees converting to Medicare: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to savings realized through Section 18 Health Insurance Reforms and relative to the feasibility to partially funding the costs of Medicare Part B for Retirees: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to Massachusetts General Law c. 32B s. 18 per the request of City Council's Standing Committee on Municipal Operations: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to the Adoption of Chapter 32B, Section 18, from The Segal Group, Inc.: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the 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: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Petition of Virginia Ryan et al request City Council pay all of Part B Medicare for all it's retirees enrolled in Medicare: recommend Petition placed on file.

REPORT OF THE PLANNING BOARD Upon the Petition of Michael Smith request Harriet St., a paper road that runs off Beverly Rd., be removed from the Official Map.

REPORT OF THE PLANNING BOARD Upon the Petition of James & Yvonne Miller et al request to install sewers in Dominion Rd. from Plantation St. to Lake Ave. North.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to install one hour parking on the west side of Lake Ave. from #70 to #76 Lake Ave.

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)

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)

Order of Mayor Konstantina B. Lukes - Request City Manager report to City Council whether a claims process exists which is available to commercial users who experience electric power outages and surges caused by National Grid. (Tabled - Lukes February 26, 2008)

Order of Mayor Konstantina B. Lukes - Request City Manager report on the number and location of National Grid equipment stations located on public property, whether the City receives any revenue from the use of public land, and if not, whether the city can charge for said use. (Tabled - Lukes February 26, 2008)

Order of Mayor Konstantina B. Lukes - Request City Manager report to City Council regarding National Grid services in the city based on data filed with the Department of Telecommunications and Energy specifically addressing the number of outages, the locations of the outages, causes of the outages and the fines, if any, paid by National Grid in 2007. (Tabled - Lukes February 26, 2008)

Petition of NATIONAL GRID for cable and conduit system in: PLANTATION ST., CLARENDON ST. & ALMONT AVE. (Tabled - Palmieri March 18, 2008)

Proposed Ordinance amending the Montvale Historic District by the adoption of a new map enlarging the District. (Tabled Under Privilege - Palmieri March 25, 2008)

Ordinance - Recommend City Council Adopt an Ordinance to Allow the Cultural Development Officer to Receive a Stipend in Fiscal Year 2009 from the Worcester Cultural Coalition. (Tabled Under Privilege - Lukes August 12, 2008)

Motion Eddy @ #4a CC - Request City Manager provide City Council with a report concerning the current construction status of Whisper Drive and who will be responsible for returning it to it's proper condition.

Motion Rosen @ #12h CC - Request City Manager provide City Council with a report concerning how much the Charles Buffone Arena Ice Skating Rink on Lake Ave has been used over the years and how it has served the children of this community.

Motion Rushton @ #6a & 6b CC - Request City Manager provide City Council with a report within one month concerning ideas to curtail expenditures.

Motion Petty @ #12n CC - Request City Manager provide City Council with a report that includes details as to how Narragansett, Rhode Island has enforced the “Unruly Gathering Ordinance”. Further, request a legal opinion concerning this ordinance.

Motion Haller @ #12n CC - Request City Manager provide City Council with a report relative to police statistics concerning past incidents that might fall under the jurisdiction of an “Unruly Gathering” behavior as a means of determining if this ordinance would address these incidents.

FROM THE COMMITTEE ON PUBLIC WORKS - That the City Council of the City of Worcester hereby adopts the proposed rates and conditions for hired equipment used for Snow and Ice Control Operations as set forth in the October 1, 2008 communication #14b CC.

Motion Clancy @ #16a CC - Request City Manager provide City Council with a report from the Planning Board of the list of abutters notified for the hearing to remove Harriet St. from the Official Map. Further, request City Solicitor provide a report as to whether or not Planning Board could be required to have a return receipt for notices sent to abutters for requests that remove streets from Official Map.

PETITION - Councilor Barbara G. Haller request sidewalk repair in vicinity of Highland St. and West St.

PETITION - Councilor Barbara G. Haller request emergency sidewalk repair in front of 140 Elm St.

PETITION - Councilor Barbara G. Haller request street repair in Dewey St. between West Oberlin St. and May St.

Motion Petty & Haller - Suspension of Rules - Request City Manager provide City Council with a report as to how the city is handling vacant and abandoned properties.

PETITION - Councilor Joffrey A. Smith on behalf of John Creedon, Jr. request sidewalk repair on the Newton Ave. North side of 353 Salisbury St.

PETITION - Councilor Philip P. Palmieri request to replace the old street light with a new updated street light at the corner of Harlow St. and Lincoln St.

PETITION - Councilor William J. Eddy on behalf of the Webster Sq. Neighborhood Association request to install speed limit signs on Monticello Drive.

Motion Clancy - Suspension of Rules - That the City Council of the City of Worcester recess to Executive Session with the City Manager for the purpose of discussing collective bargaining. (Clancy)