CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 22, 2007

Council Chamber

Convened: 7:10 P.M.

Adjourned: 9:00 P.M.

Mayor
Konstantina B. Lukes

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Mayor Lukes read a resolution recognizing members of "Together for Kids Coalition". Councilor Toomey presented it to Deborah Eckstrom, President and CEO of Healthlink.

Barbara Molinari, Westborough, Home and Hospital Department Head for Worcester Public Schools spoke.

Councilor Paul P. Clancy, Jr. request street resurfacing for Lepanto St. from Glezen St. to Jennings St.

Kim Patterson request abatement of street assessment #24554 in the amount of $4,735.80 for Diana St.

Kim Patterson request abatement of street assessment #24543 in the amount of $8,343.69 for Gaylord St.

Joanna Marcone request abatement of street assessment #24566 in the amount of $7,893.00 for Waycross St.

Harry & Annie Surabian request abatement of street assessment #24565 in the amount of $6,218,89 for Diana St.

Richard Messina request abatement of street assessment #24572 in the amount of $7,103.70 for Waycross St.

Timothy Fenton request sidewalk repair at 30-32 Sussex Lane.

Stephen Kerlin request raised water shut offs in sidewalks in Mower St. from Oleans St. and Stark Rd. be driven back into and leveled with the sidewalk.

Sister Carol Proietti, SSA, request Oriol Dr. be repaved in it's entirety.

Councilor Michael C. Perotto on behalf of Kevin Mercadante of the Sons of Italy request permission be granted to the Sons of Italy to install 3 signs at the following locations: Lincoln St. at Summer St., Belmont St. at Shrewsbury St. and Main St. at Ludlow St.

Eileen Potter request to remove handicap parking signs in front of 44 Huntington Ave.

David Luong & Richard Davis request handicap parking space in front of 84 May St.

Richard Davis request to remove handicap parking space in front of 137 June St.

Notification of Constable Appointment

Transmitting Informational Communication Relative to Statistics on Workplace Injuries and Disabilities.

Recommend City Council's Adoption of a Resolution to Accept Funds from the Commonwealth's Sewer Rate Relief Fund.

Recommend City Council's Adoption of an Order of Taking and an Order of Conservation Restriction for the Open-Space Property Known as the Ball Property.

Informational Communication regarding the Ribbon Cutting for Beaver Brook Park.

Recommend City Council Accept with Gratitude Donations to Support the Worcester Police Department's 3rd Annual Youth Summit.

Transmitting Informational Communication Relative to the Zoning Ordinance for Second Hand Motor Sales; the Names and Locations of Licensed Second Hand Motor Vendors throughout the City.

Transmitting Informational Communication Relative to the Smoking Law Media Campaign.

Transmitting Informational Communication Relative to any Incidences of Poisoning of the Supply of Pet Food in the City.

Transmitting Informational Communication Relative to the Obligations, Restrictions and Legal Consequences to the City in the Event that the City becomes the Beneficiary of the Public Shade Tree Trust.

Recommend that Two Hundred Forty Eight Thousand Eighty Dollars And No Cents ($248,080.00) be transferred from Account #91C711 ,Citywide Building Rehabilitation and be appropriated to Account #25C702 Police Department Capital Rehabilitation, to fund the HVAC, water heater and plumbing upgrades and installation of bollards in front of police headquarters.

Respectfully recommend that ($15,000.00) Fifteen Thousand Dollars and No Cents be transferred from Account #91C711, Citywide Building Rehabilation and be appropriated to Account #04C719, Economic Development for the environmental testing and cleanup at 26 Queen Street, the former City Hospital site, and any affected adjacent properties.

Recommend that Twenty Five Thousand Dollars and No Cents ($25,000.00) be transferred from Account # 91C780, Citywide Capital Equipment and be appropriated to Account # 15C701, Election Commission Capital Equipment to fund the purchase of new voting booths.

Recommend that Thirty Four Thousand Two Hundred Dollars and No Cents ($34,200.00) be transferred from Loan Account # 91C784, Park Improvements and be appropriated to Account #72C704 Bear Brook Rehabilitation.

Recommend that One Hundred Thousand Dollars and No Cents ($100,000.00) be transferred from Parks Loan Account # 91C784, Parks Improvements and be appropriated to Account # 72C702, Park Site Improvements for the payment of contractual obligation related to Beaver Brook rehabilitation.

Recommend that One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) be transferred from Loan Account # 91C741, Street Construction and be appropriated to Account #41C743, Washington Square to fund engineering charges for improvements to Washington Square.

Recommend that Two Hundred Fifty Nine Thousand Dollars and No Cents ($259,000.00) be transferred from Loan Account # 91C735, Building Rehabilitation and be appropriated to Account # 44C705, Capital Outlay to fund improvements to Sewer Division building.

Recommend that Fifteen Thousand Dollars and No Cents ($15,000.00) be transferred from Account # 330-07, Reserve For Appropriation Damage Settlement and be appropriated to Account # 7203-92000, Parks Division OM to reimburse funds used to repair damages to Beaver Brook Park.

Recommend that Twenty Thousand Nine Hundred Sixty Six Dollars ($20,966.00) be transferred from Account #120-91000, Law Department Personal Services, and be appropriated to Account #120-92000, Law Department Ordinary Maintenance to provide funding for ordinary maintenance requirements.

Transmitting Informational Communication Relative to the Proposed Youth Office.

SUPPLEMENTAL: Recommend City Council Adoption of an Order to Accept With Gratitude a Donation of One Million Dollars ($1,000,000) from Commerce Bank and Trust Company and David Massad for the Restoration and Renovation of Foley Stadium.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Responses to the Questions posed at the Finance Committee Meetings of May 1, 2007, May 8, 2007 and May 15, 2007.

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

Roberta Schaefer, Ph.D., Executive Director of the Worcester Regional Research Bureau, transmitting communication relative to Benchmarking Municipal Finance in Worcester: Factors Affecting the City's Bond Rating.

That the City Council of the City of Worcester hereby goes on record in favor of Senate Bill 536: A bill banning the use of dish detergent that contains phosphorus that contributes towards the degradation of our waterways including the Blackstone River. Passage of this bill will potentially reduce between 10 and 34 percent of the daily load being discharged into the Blackstone River from the Upper Blackstone Water Pollution Abatement District sewerage treatment plant. A substantial reduction in the phosphorus discharge into the Blackstone River from the sewerage treatment plant will help the rate payers meet the newest Environmental Protection Agency mandates without additional costs through rate increases. This Bill, if enacted, will give further support to the idea the EPA should look to treating other non-point sources causing discharge of nitrogen and phosphorus to improve the Blackstone River and protect the ratepayers. (Rushton, Palmieri, Clancy)

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking on the north side of Branch St. adjacent to 13 Orient St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 41 Edwards St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 69 Dustin St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 19 Upsala St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 61 Gage St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to Prohibit Parking in front of 120 Eastern Ave.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to Prohibit Parking on the south side of Dorchester St. at the intersection of Grafton St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for 15 Minute Diagonal Parking 7am to 7pm in front of 61-63 Hamilton St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind 15 Minute Parking 8am to 6pm on the south side of Harrison St. adjacent to 192 Harding St.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 1996 to rescind Resident Permit Parking on Germain St. from the southerly property lines of #'s 17 & 14 Germain St. northerly to Institute Rd.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for Resident Permit Parking on the east side of West St. from Institute Rd. to a pt. 112' south of Institute Rd.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide Parking on the south side of Jackson St. from Main St. to Beacon St. Amend Section 43 of Chapter 13 of the Revised Ordinances of 1996 to reverse the Winter Parking Ban on Jackson St. from Main St. to Beacon St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Parking on the north side of Lagrange St. from Main St. to Beacon St. Amend Section 43 of Chapter 13 of the Revised Ordinances of 1996 to reverse the Winter Parking Ban on Lagrange St. from Main St. to Beacon St.

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)

Chairman's Order from the Committee on Military Affairs - Request City Manager consider communicating to City Council a recommendation for funding section 2 of Chapter 157 of M.G.L. in the amount of $1.1 million. (Tabled - Clancy March 6, 2007)

Petition of Sharon Nietsche request to speak before the City Council concerning banning plastic bags in the City of Worcester. (Tabled - Lukes May 15, 2007)

Motion-Petty @ #8.6A CM - Request City Manger provide the City Council with a report which clarifies the difference between sick time, injured on duty, and family leave and how it is applied. Further, request report details the success rate in arbitration cases; union vs. non-union and categorized by department.

Motion-Haller @ #8.12A CM - Request City Manager compose a letter to the Commonwealth's Sewer Rate Relief Fund pertaining to the amount of relief needed versus what the City has received thus far.

Motion-Rosen @ #8.13B CM - Request City Manager request the Chief of Police to provide a report pertaining to the punishment of the perpetrators who recently vandalized Beaver Brook Park.

Motion-Toomey - Suspension of Rules - Request City Manager's Office of Economic Development provide a report to the City Council pertinent to shopping center convention opportunities.

Motion-Haller @ #10a CC - Request City Manager request the City Solicitor provide the City Council with a report as to whether the City has the authority to pass regulations restricting the levels of phosphorous in dish detergents.

Motion-Haller-Suspension of Rules - Request City Manager provide a report to the City Council which summarizes the legality of Community Development Block Grant money being used to fund Washington Sq. pre-development expenses as alleged by Real Solutions' members.

Motion-Clancy-Suspension of Rules - Request City Manager investigate the federal guidelines and examine as to whether or not monies could be paid to the City by non-profits who own properties and receive Community Development Block Grant funds as a PILOT payment in the amount of 3-5 % as a requirement for getting block grant funds.

REPORT OF THE COMMITTEE ON COMMUNITY DEVELOPMENT Upon the Communication of the City Manager Recommending City Council Approval for the attached Funding Recommendations for Year 33 CDBG, HOME, ESG, ADDI, and HOPWA: recommend adoption of the accompanying five resolutions.

REPORT OF THE COMMITTEE ON COMMUNITY DEVELOPMENT Upon the Communication of the City Manager Recommending that Four Million Seven Hundred Fifty Three Thousand Four Hundred Forty Eight Dollars And No Cents ($4,753,448.00) be accepted from the U.S. Department of Housing and Urban Development for the Year XXXIII Community Development Block Grant Program and appropriated, when and as received, to various accounts to provide financing for projects and programs as described: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON COMMUNITY DEVELOPMENT Upon the Communication of the City Manager recommend that One Million Eight Hundred Fifty Five Thousand One Hundred Thirty Two Dollars And No Cents ($1,855,132.00) and Thirty Thousand One Hundred Ninety Nine Dollars And No Cents ($30,199.00) be accepted from the U.S. Department of Housing and Urban Development for the FY 2007 HOME Program and American Dream Downpayment Initiative (ADDI) Program, respectively, and appropriated, when and as received, to Account # 18S367, Home Program: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON COMMUNITY DEVELOPMENT Upon the Communication of the City Manager recommend that Two Hundred Five Thousand One Hundred Seventy Three Dollars And No Cents ($205,173.00) be accepted from the U.S. Department of Housing and Urban Development for the FY 2008 Emergency Shelter Grant Program and be appropriated, when and as received, to various accounts to provide funding for projects and programs as described: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON COMMUNITY DEVELOPMENT Upon the Communication of the City Manager recommend that Three Hundred Forty Nine Thousand Dollars And No Cents ($349,000.00) be accepted from the FY 2008 Housing Opportunities for Persons with AIDS program and be appropriated, when and as received, to various accounts to provide funding for projects and programs described: recommend adoption of the accompanying Order.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON COMMUNITY DEVELOPMENT - Request City Manager submit a report as to the number of properties added to the tax rolls which have resulted from projects supported by CDBG funds

CHAIRMAN'S ORDER FROM THE COMMITTEE ON COMMUNITY DEVELOPMENT - Request City Manager provide City Council with the number of foreclosed properties purchased by 1st time homebuyers who have utilized the Homeownership Center or Community Development Corporation's and the success rate these programs have in comparison with similar private agencies.

Motion-Ruston-Suspension of Rules - Request City Manager provide the City Council with a report pertaining to common everyday solutions in the household to reduce nitrogen and phosphorous into the sewer system. Motion-Irish to amend: Further, request the Commissioner of Public Works and Parks obtain a listing of products which contain nitrogen and phosphorous and disseminate with a cover letter and package with next mailing of water bills.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting informational communication relative to FY2008 Water and Sewer Rate Recommendation: recommend passage of the accompanying proposed Ordinances.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON PUBLIC WORKS - That the Lifeline rate be increased $10 per year to $150.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request Commissioner of Public Works and Parks report to City Council the impact to the water/sewer ratepayers of a $10 increase in the lifeline rate.

Motion-Haller-Suspension of Rules - Request City Manager report to the City Council on reasons for frequent and serious flooding under the Cambridge St. bridge near Brosnihan Sq. Further, request options for remedy be presented and recommendations to stop this serious public safety threat.

Motion-Haller-Suspension of Rules - Request City Manager consider and report on changing annual street sweeping program in high-density inner city neighborhoods with inadequate off street parking so as to minimize unavoidable ticketing. Further request that the option of alternate day, single side of the street sweeping be given detailed consideration.

PETITION - Councilor Joseph M. Petty request to replace guardrail at 171 Flagg St.

PETITION - Councilor Joseph M. Petty request street repair in Royal Rd. from #32 to 37.

RESOLUTION - That the City Council of the City of Worcester hereby goes on record in support of Senate Bill #290 an Act to Improve Dropout Prevention and Reporting of Graduation Rates introduced by Senator Edward M. Augustus, Jr. et al. (Toomey)

Motion-Smith-Suspension of Rules - Request City Manager request Commissioner of Public Works and Parks investigate a tractor trailer that is in violation of regularly parking across from Duffy Field.

Motion-Rushton-Suspension of Rules - Request City Manager investigate a business operating at 1226 Pleasant St. which is located in a residential zone.

Motion-Rushton-Suspension of Rules - Request City Manager request the Chief of Police provide speeding surveillance on Clover St.