CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 25, 2008

Esther Howland Chamber

Convened: 7:15 P.M.

Adjourned: 10:27 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2009.

The Mayor opened the Tax Classification Hearing:

The following people appeared and spoke in favor of a business-friendlier tax rate:
1. Ralph Crowley, Worcester resident
2. Tony Tilton, Worcester resident
3. Roberta Schaefer, Worcester resident
4. Dick Kennedy, Worcester resident
5. William Kelleher, Worcester resident
6. Ed Proko, Worcester resident
7. Elizabeth St. John, Worcester resident
8. John Carnegie, Worcester resident
9. Tina Hood, Worcester resident

The following person appeared and spoke in favor of a residence-friendlier tax rate:
1. Gary Vecchio, Worcester resident

The following person offered new solutions and directions for the City Council to consider:
1. John Patrick Reed, Worcester resident

The Mayor closed the hearing and heard Councilor input.

Motion Palmieri - That the tax rate for Fiscal Year 2009 be set at $13.50 for Residential property and $28.72 for Commercial, Industrial and Personal property.

Motion Rushton - That the tax rate for Fiscal Year 2009 be set at $13.59 for Residential property and $28.34 for Commercial, Industrial and Personal property.

Mayor Lukes took up the motions for the highest tax rate to the lowest on a roll call:

Councilor Ruston's motion Denied on a roll call of Two Yeas (Petty, Rushton) and Nine Nays (Clancy, Eddy, Germain, Haller, Palmieri, Rosen, Smith, Toomey, Lukes). (see item #20c)

Councilor Palmieri's motion Approved on a roll call vote of Nine Yeas (Clancy, Eddy, Germain, Haller, Palmieri, Rosen, Smith, Toomey, Lukes) and Two Nays (Petty, Rushton) (see item #20d)

Motion Palmieri - Request reconsideration of the Tax Rate - Request approved on a roll call vote of Nine Yeas (Clancy, Eddy, Germain, Palmieri, Petty, Rosen, Rushton, Smith, Lukes) and One Nay (Haller) (Toomey absent).

Reconsideration of the Tax Rate denied on a roll call vote of No Yeas and Ten Nays (Clancy, Eddy, Germain, Haller, Palmieri, Petty, Rosen, Rushton, Smith, Lukes) (Toomey absent)

Communication of the City Manager transmitting informational communication relative to the calculations to be used for the November 25, 2008 Tax Classification Hearing. (Tabled - November 18, 2008)

Communication of the City Manager requesting adoption of Orders to make adjustments to the Fiscal Year 2009 Budget in advance of the Certification of the City's Tax Rates by the Department of Revenue.

Communication of the City Manager recommending adoption of the attached Orders to Establish the Elderly Exemption Program at $700.00 and Allow for the Double Elderly Abatement.

Communication of the City Manager transmitting informational communication relative to the Family and Medical Leave Act (Tabled - November 18, 2008)

Communication of the City Manager transmitting informational communication relative to a history of the City's Health Insurance Plan and Contribution Rates. (Tabled - November 18, 2008)

Communication of the City Manager transmitting informational communication relative to MGL Chapter 32B Section 19. (Tabled - November 18, 2008)

Communication of the City Manager transmitting informational communication relative to utilizing Uniform Commercial Code (UCC) Filings for Personal Property Assessments. (Tabled - November 18, 2008)

Communication of the City Manager transmitting informational communication relative to the Telecom Loophole.

#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.

#13a CC October 1, 2008
Communication of the City Auditor transmitting communication relative to August 2008 Auditor's Report.

#8.42B CC October 7, 2008
Communication of the City Manager requesting City Council's review, consideration and approval of a plan to pursue the long-term leasing of public assets.

#10a CC October 14, 2008
Communication of the City Auditor transmitting communication relative to State Certification of Free Cash.

#4a CC October 28, 2008
Communication of the City Manager transmitting the City's current revenue and expenditures through the first quarter of Fiscal Year 2009.

#9a CC October 28, 2008
Communication of the City Auditor transmitting the September 2008 Auditor's Report.

PROCLAMATION - Mayor Lukes read a proclamation resolving to advocate with City Council for Fuel Assistance Programs and Energy Efficient Programs and request continued funding for fuel during this winter season. Councilor Haller presented this proclamation to Ms. Jill Dagilis, Executive Director of the Community Acton Council, concerning the work of this agency and the fuel assistance aid given to Central Massachusetts households.

Pastor James Oppong & Baton Thaqi request Firglade St. be made public.

Kim Bent et al request Devonshire Street be made public.

Kelly Thurber request abatement of street betterment assessment #24736 in the amount of $1,647.20 for Inverness Ave.

Michael Katzen request abatement of street betterment assessment #24661 in the amount of $6,314.25 for Chino Ave.

Councilors William Eddy, Joseph Petty, Joffrey Smith, Gary Rosen, Kathleen Toomey and Frederick Rushton on behalf of the residents of Chiltern Hill Drive, et. al, request the construction of a sidewalk on the westerly side of Flagg Street from Chiltern Hill Drive to Aylesbury Road in the interest of the safety of school children walking to and from Flagg Street Elementary School and the school bus stop at the corner of Aylesbury Road and Flagg Street.

Councilor Paul P. Clancy Jr. request that a guardrail be installed in front of the Vernon Hill School opposite Upsala St.

Bernadette Forget request resident permit parking for Harlow St.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager report to City Council concerning the current problems with feral cats within the City of Worcester and what efforts the administration can make to address this.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide City Council with a copy of the current Massachusetts Needle and Sharps statutes and inform the City Council what community education will take place.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager report to City Council concerning the feasibility of establishing a city ordinance that requires pharmacies/businesses that sell needles to also accept the disposal of these needles and sharps.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager report to City Council concerning the environmental impact, if any, of the use of chemicals as a treatment in the eradication of the Asian Longhorned Beetle.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager report to City Council concerning the strain and or staffing needs placed upon the Department of Public Works and Parks in order to proceed with the eradication plan to eliminate and control the Asian Longhorned Beetle, and further, request the City Manager report how the Department of Public Works and Parks will respond to this ongoing effort.

Request City Manager report on the names of banks and institutions where city money is deposited and further what type of FDIC or other insurance protects those accounts and how much collateral and the type of collateral each bank/institution provides beyond the FDIC insurance coverage. (Lukes)

Request City Manager provide a status report on repairs to the sidewalk in front of 371 Main St. (Lukes)

Request City Manager provide City Council with a report concerning the incidence of cancer in Worcester indicating the residence and type of cancer diagnosis for each case. (Toomey, Petty)

Request City Manager conduct a thorough engineering study towards addressing and providing recommendations on the feasibility of constructing a sidewalk on Flagg Street from Pleasant Street to the intersections of Richmond Ave., Aylesbury Rd. and Brookshire Rd. Additionally, the study should address and provide recommendations on safety and neighborhood betterment issues such as: a horizontal and vertical survey, including city right of way and private boundary lines; an evaluation of existing under and above ground utilities: drainage and water flow, including the placement, size, and quantity of catch basins; topography, including any impact on land integrity; impact on urban forestry; traffic impact, including a Road Safety Audit and traffic study on vehicles traveling southbound; road dimensions, including the narrowing and widening of varying sections of the street; and of traffic calming measures, including the possibility of reconfiguring Flagg Street at the intersection of Aylesbury/Brookshire Rds. and Richmond Ave. It is further requested that the Administration conduct a community impact meeting on the safety and neighborhood betterment issues outlined above. (Eddy, Petty, Smith, Rosen, Toomey, Rushton)

Request City Manager report to City Council within two weeks with a timeline for replacement of the flag poles at Billings Square and at the Lake Park Veterans Monument. (Clancy)

Request City Manager examine the feasibility of accepting an easement along the Blackstone River from the developers of Worcester Crossings (Wal-Mart project) for use as part of an off-road bike path. (Clancy)

Request City Manager cause the distances between Worcester East Middle School and Union Hill School be reviewed to determine if the entire section of Dorchester Street between Grafton and Providence Streets could be designated as a school zone. (Clancy)

Request City Manager report to City Council concerning a recommendation for a playground on Providence Street next to Vernon Hill School. (Clancy)

Request City Manager request the City Solicitor to report to City Council what basis the City is using to deny the public records request by the Worcester Telegram in light of the Globe Newspaper Company v. Commissioner of Education, 439 Mass. 124 (2003) ruling whereby the Supreme Judicial Court ruled public records must be released for inspection and copying without unreasonable delay, that is, within ten days of the receipt of a request for them. (Rushton)

DECREE TO MAKE PUBLIC: LANTERN LANE

SEWER BETTERMENT ASSESSMENT: BROOKDALE STREET

Transmitting the October 2008 Auditor's Report.

Roberta Schaefer, President & CEO of the Research Bureau, transmitting: Benchmarking Economic Development in Worcester: 2008

That the City Council of the City of Worcester hereby supports Fuel Assistance and the work of the Worcester Community Action Council, Inc. as fuel season begins on November 1, 2008. (Lukes, Haller)

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to penalties for non-compliance with the City's Animal Control Ordinance, including the Leash Law: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to Emergency Preparedness Month: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to MRSA Education in the Worcester Public School System: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to an update on Operation Yellow Box: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communications of the City Manager transmitting informational communication relative to Community Immunity Day - 2008: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Asian Longhorned Beetle: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to funding for the Asian Longhorned Beetle Eradication Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Asian Longhorned Beetle: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication regarding the Asian Longhorned Beetle eradication effort: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of Michael V. O'Brien, City Manager transmitting informational communication relative to the Asian Longhorned Beetle Eradication Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Order of Councilor Gary Rosen and Councilor Barbara G. Haller - Request the Standing Committee on Health conduct a hearing in the near future to discuss the Hector E. Reyes House, a culturally sensitive Latino treatment residence, which has been proposed by a community task force seeking creative solutions to stop the increasing level of violence among young Latino males. Further, request City Manager distribute a copy of this report to all the members of the City Council: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Order of Councilor Gary Rosen - Request the City Council's Standing Committee on Public Health & Human Services review the initiative petition presently before the Massachusetts legislature that seeks to decriminalize the possession of small amounts of marijuana. If the legislature does not pass the measure by May 7, 2008, it must appear on the ballot in November 2008: recommend Order be placed on file.

Amending Articles XIII and III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to Parking Overlay Districts - Grafton St. & Quinsigamond Village.

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)

Order of Councilor Michael J. Germain - 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. (Tabled - Palmieri October 1, 2008)

Order of Councilor Michael J. Germain - That the City Council of the City of Worcester hereby accept and adopt Section 19 of the Massachusetts General Laws Chapter 32B, allowing for coalition bargaining for health benefits in the City of Worcester. (Tabled - Lukes October 21, 2008)

Motion Palmieri @ #4a CC - Request City Manager provide City Council with a report of the number of properties taken off the tax rolls for the past several years and the amount revenue lost.

Motion Haller @ #4a CC - Request City Manager provide to City Council with the full ranking of all municipalities listed in the Masstrack Municipal Rankings report from the Massachusetts High Technology Council.

Motion Rushton @ #4a CC - That the tax rate for Fiscal Year 2009 be set at $13.59 for Residential property and $28.34 for Commercial, Industrial and Personal property.

Motion Palmieri @ #4a CC - That the tax rate for Fiscal Year 2009 be set at $13.50 for Residential property and $28.72 for Commercial, Industrial and Personal property.

REPORT OF THE COMMITTEE ON FINANCE Upon the 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: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon Communication of the City Auditor transmitting the July 2008 Auditor's Report: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON FINANCE Upon the 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: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to updated Bond Ratings and Ratings Reports: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting communication relative to August 2008 Auditor's Report.: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager requesting City Council's review, consideration and approval of a plan to pursue the long-term leasing of public assets: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting communication relative to State Certification of Free Cash: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting the City's current revenue and expenditures through the first quarter of Fiscal Year 2009: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting the September 2008 Auditor's Report: recommend Communication be placed on file

Motion Palmieri - Suspension of Rules - Request City Manager request Commissioner of Public Works & Parks install missing street signs at the corners of Proctor St. and Scrimgeour St. and Proctor St. and Huntington St.

PETITION - Councilor Philip P. Palmieri request sidewalk repair at 7 Huntington St.

PETITION - Councilor Philip P. Palmieri request sidewalk repair 40 Proctor St.

Motion Palmieri - Suspension of Rules - Request City Manager consider installing a flood light at the pumping station. (Palmieri)

Motion Eddy - Suspension of Rules - Request City Manager, in a separate mailing prior to the first snow fall, send to abutters on main and arterial ways reminders of their obligations to shovel snow on their sidewalks.

Motion Clancy to amend: Further, request City Manager consider the use of Reverse 911 to remind residents of the obligation to shovel snow from sidewalks.

Motion Clancy - Suspension of Rules - Request City Manager request City Solicitor provide a report concerning the status relative to arbitration of FMLA issues for members of the Fire Department.

PETITION - Mayor Konstantina B. Lukes on behalf of Ken Howe request City to install “One Way” signs and “Do Not Enter” signs at the corner of Linden St. and Pleasant St.

RESOLUTION - That the City Council of the City of Worcester hereby recognizes and extends its gratitude to Robert Williams and Bobby Genese for the extraordinary success establishing the Elias Tembenis Walk for Autism and for their extreme perseverance in completing this cross-country walking marathon breaking down the mystery of autism and educating thousands of Americans about treatment options available for autism. (Rushton)

Motion Clancy - Suspension of Rules - Request City Council cancel the December 23, 2008 City Council meeting and reschedule the City Council meeting to December 30, 2008.