CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 25, 2007

Council Chamber

Convened: 7:04 P.M.

Adjourned: 9:16 P.M.

Mayor
Konstantina B. Lukes

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Communication of James A. DelSignore, City Auditor, transmitting reports on the results of operations for the City's General Fund, Stabilization Fund and its four enterprise funds for fiscal year ended June 30, 2007.

SUPPLEMENTAL - Communication of the City Manager transmitting informational communication regarding a Financial Update of the Fiscal Year 2008 Budget.

#8.30A CM July 17, 2007
Communication of the City Manager transmitting the City's Five Year Capital Improvement Program.

#10.37C CM August 14, 2007
Communication of the City Manager transmitting informational communication relative to the Fiscal Year 2008 Budget.

#8.6A CM August 28, 2007
Communication of the Cit y Manager transmitting informational communication regarding the adoption and implementation of Chapter 32B, Section 18.

#8.28A CM August 28, 2007
Communication of the City Manager transmitting informational communication relative to a legal opinion as to the City Council's legal jurisdiction and powers regarding the City budget for FY 2008 which has been previously voted by City Council.

Philip Morgan et al request to install a sewer line in lower Wheeler Ave., from Forest St. to the terminus of the street.

Audrey Painchaud et al request private street maintenance in Merridale Rd.

Antonella Fox request private street maintenance for the segment of Milton Street that is not yet paved, approximately 250 feet.

Courtney Edson et al request resident permit parking in Shirley St., from Birch St. to Park Ave.

BABCOCK POWER for conduit location in: WEST BOYLSTON AND NEPONSET ST.

NSTAR for gas main location in BROOKS ST./WEST BOYLSTON ST.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the Commissioner of Public Works & Parks cause the area in front of 99 Hope Ave. to be repaved as part of the sidewalk resurfacing program.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the City Solicitor provide the City Council with an opinion as to the propriety of the City Council acting on the petition requesting to grant approval to locate a temporary access and curb cut permit to property located at 220 Summer St.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the City Solicitor propose an amendment to the Ordinances within 30 days that allows the city to construct new sidewalks in main arterial bus route streets without assessing abutting property owners for the improvement.

Request City Manager contact law schools around the region to gauge any interest they might have in locating to the North Main Street area, more specifically the Worcester Memorial Auditorium and/or the former Court buildings at 2 Main Street. (Smith)

Request City Manager request Charter Communications to provide City Council with a copy of the procedural policy that they provide to their employees when they are told to enter onto private property, without approval of the property owner, as part of the effort to investigate a report of alleged cable fraud. (Petty)

Request City Manager consider joining the Worcester Public Schools legal approach to address the inadequate levels of funding for education for Worcester in Fiscal Year 2008 and the similar projection for Fiscal Year 2009 along the lines of the unsuccessful 2004 Hancock case for educational equity. (Toomey)

Request City Manager request the Police Chief install speeding surveillance in Davidson Road between 7:00 & 9:00 a.m. and 4:00 & 6:00 p.m. (Lukes)

Request City Manager communicate with the owner of the former Worcester Hotel and Conference Center at 500 Lincoln St to determine the future plans for their property and further, request that they work with the city to determine the most appropriate use for the neighborhood. (Smith)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of John & Karen Kurkulonis request abatement of street assessment #24597 in the amount of $3,756.75 for Longmeadow Ave.: recommend adoption of the accompanying Order to abate in full.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Donald & Mary Baker request abatement of street assessment #24605 in the amount of $3,115.70 for Trent Rd.: recommend adoption of the accompanying Order to abate in full.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of George & Rodney Kalil request abatement of street assessment #24611 in the amount of $8,595.30 for Trent Rd.: recommend adoption of the accompanying Order to abate to $3,147.90

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Patrick Gagnon request abatement of street assessment #24567 in the amount of $7,103.70 for Waycross St.: recommend adoption of the accompanying Order to abate to $1,127.91.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Antonio & Maria Salerno request abatement of street assessment #24603 in the amount of $3,150.00 for Trent Rd.: recommend adoption of the accompanying Order to abate to $2,520.00

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jo-Ann Clougherty and Edward & Armand Barrette request abatement of street assessment #24588 in the amount of $11,230.00 for Elton St.: recommend adoption of the accompanying Order to abate to $6,738.00.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mildred Marnalse on behalf of Louis D'Acri & Karen Doherty request abatement of street assessment #24576 in the amount of $6,576.74 for Clarissa St.: recommend adoption of the accompanying Order to abate to $1,500.14.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jane Generelli request abatement of street assessment #24609 in the amount of $3,150.00 for Trent Rd.: recommend adoption of the accompanying Order to abate to $2,520.00

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Anthony Misale request abatement of street assessment #24580 in the amount of $8,561.69 for Clarissa St.: recommend adoption of the accompanying Order to abate to $4,290.57

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ruth Mouid request abatement of street assessment #24584 in the amount of $10,107.00 for Elton St.: recommend adoption of the accompanying Order to abate to $4,492.00.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Kenneth & Rosemarie Sharp request abatement of street assessment #24593 in the amount of $9,883.50 for Longmeadow Ave.: recommend adoption of the accompanying Order to abate to $4,296.75.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Attorney Samuel DeSimone on behalf of Worcester Country Club Acres, LLC request the 20 foot sewer easement located westerly of Cobblestone Lane and proposed Units 19-31 abutting Enaya Lane be discontinued: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. on behalf of Diane Kacavich request resurfacing of Astrid Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Matthew O'Mara request to extend sanitary sewer line in Woodcliffe Ave. approximately 100' from #7 to #9 Woodcliffe Ave. at petitioner's expense, subject to prior agreement and DPW specifications: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Hossein Haghanizadeh, P.E. on behalf of Wholesale Wine & Spirits Corporation request the City grant an additional temporary access from Shrewsbury St. to the existing curb cut located at the southeast corner of 220 Summer St.: recommend Petition be referred to the City Manager.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Backwater Valve Rebate Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to a Summary Report for the 2006 Resurfacing Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to FY06 Sidewalk Rehabilitation Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the FY'08 Sidewalk Rehabilitation Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Attorney Donald O'Neil on behalf of Kalil Family Trust, LLC request City Council suspend its rules to take immediate action on a petition previously filed on May 15, 2007 in City Council relative to amending Chapter Five of the Revised Ordinances of 1996 relative to the Sewer Capacity Fee Payment: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Attorney Donald O'Neil on behalf of Carol Kalil Family Trust, LLC request to amend Chapter Five of the Revised Ordinances of 1996 to provide that the sewer capacity fee payment required by the City to allow new or expanded connections to be based on actual sewer usage as opposed to projected usage with consideration given to capping the total fee assessed to encourage business expansion and mitigate the disproportionate burden placed on new businesses by the current system: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. request City Administration repair and/or replace the stairway railings on the Hamilton St. median: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Pete Driscoll request to resurface Lansing Ave. between Grove St. and Holden St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Tamaro Voldiner request street repair/resurfacing in the area of 297 Mower St.: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Stephen Johnson, President of POBCO, Inc. request street resurfacing in front of 99 Hope Ave.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Juanita & Margarita Pignataro request abatement of street assessment #24598 in the amount of $6,300.00 for Trent Rd.: recommend Petition be denied.

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 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)

Order of Councilor Philip P. Palmieri - Request City Manager provide City Council with an update concerning the Franklin Street/Putnam Lane project. (Tabled - Palmieri 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)

Order of Councilor Paul P. Clancy, Jr. - Request City Manager report to Council on whether a uniform parking overlay zone could be applied to all economic opportunity zones in the City. (Tabled - Clancy September 18, 2007)

Order of Councilor Paul P. Clancy, Jr. - Request City Manager report to Council on the proposed legislation at both the Statehouse and the City of Boston that would require photoelectric smoke detectors in all residences. (Tabled - Clancy September 18, 2007)

Order of Councilor Paul P. Clancy, Jr. - Request City Manager develop an ordinance that would require businesses in the Central Business District to remove external signs from buildings when they close or change that business. (Tabled - Clancy September 18, 2007)

Order of Councilor Frederick C. Rushton - Request City Manager explore using Demand Response Technology to generate new and recurring revenues for the City of Worcester. DRT is a new energy management tool that rewards companies, institutions and/or communities with cash payments if they agree to use generators in their facilities at times of peak demand. Being a user of DRT reduces the need to build peak power plants which cost hundreds of millions of dollars and produce high levels of carbon emissions. (Tabled - Rushton September 18, 2007)

Order of Councilor Joseph M. Petty, Councilor Joffrey A. Smith and Councilor Kathleen M. Toomey - Request City Manager forward to the City Council the opinions from appropriate City Departments, Boards and Commissions concerning the local approvals that will be necessary for the American Antiquarian Society to proceed with it's plans to convert a single-family residence to a dormitory use and to construct a 26-car lighted parking lot located at 1 Montvale Road, a property located in an RS-10 zone and Local Historic District. (Tabled - Petty September 18, 2007)

Order of Mayor Konstantina B. Lukes - Request City Manager report on developing a process for visually improving the Madison St. area around the Wyman Gordon property and the source of any potential funding. (Tabled - Lukes September 18, 2007)

Order of Mayor Konstantina B. Lukes - Request City Manager provide a report listing the recipients, locations affected, amounts and dates of grants and loans made pursuant to the micro loan, facade and storefront improvement programs in the past three years. (Tabled - Lukes September 18, 2007)

Motion Rushton @ #5b CC - Request City Manager provide City Council with a report detailing the amounts of tax levied monies that were being paid yearly to pay off debts as a result of previous Council's borrowing for Technical High School, Main Library, Senior Center and Forest Grove Middle School construction projects.

Motion Rushton @ #5b CC - Request City Manager provide City Council with a report concerning the levels of City reserves.

Motion Rosen @ #5b CC - Request City Manager provide City Council with a report concerning the feasibility of regionalizing the purchasing of health insurance with area communities.

Motion Rosen @ #5b CC - Request City Manager provide City Council with a report relative to the steps necessary to ensure the health and wellness of our employees.

Motion Toomey @ #11c CC - Request City Manager send a letter of support relative to the Hancock case for educational equity and any bills that Senator Augustus has filed concerning this issue.

Motion Irish @ #14n CC - Request City Manager report to City Council relative to the status of a previously file Council Order requesting a local ordinance to require pharmacists or distributors that sell over the counter needles and syringes be required to take back these spent products for disposal.

Motion Rushton @ #14n CC - Request City Manager explore the possibility of requiring that only retractable needles be sold within the city limits and the city's authority to require this.

Motion Palmieri - Under Suspension of Rules - Request City Manager visit each district's community neighborhood associations of the city and speak concerning the budget of the city.

Motion Irish and Haller - Under Suspension of Rules - Request City Manager respond to allegations from a Clark University student concerning excessive force by members of the Worcester police department.

Motion Clancy, Perotto and Toomey - Under Suspension of Rules - Request City Manager review all plans on file in the town of Millbury by Treeline Construction Services, 130 Westborough St. in Millbury, to determine any negative impact concerning a request for special permit to operate a rock crushing plant on the abutting Worcester neighborhoods. Further, request to report specifically on air, noise, environmental and traffic impacts that this proposal will have to this area.

RESOLUTION of Mayor Lukes on behalf of the City Council - That the City Council of the City of Worcester hereby goes on record in opposition of any special permit being granted by the town of Millbury allowing the operation of a rock crushing plant at 130 Westborough St., Millbury, MA. Which would have negative impact on the abutting Worcester residential neighborhood.