CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 16, 2007

Council Chamber

Convened: 7:14 P.M.

Adjourned: 9:25 P.M.


Mayor
Konstantina B. Lukes

 

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Paul P Clancy JrBarbara G Haller
Dennis L Irish Philip P Palmieri
Michael C Perotto Joseph M Petty City Clerk
David J. Rushford
Gary Rosen Frederick C Rushton
Joffrey A Smith Kathleen M Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER - ALEXANDRA MILLS

3.

ROLL CALL - All present

4.

ITEMS OF CITIZEN INTEREST

4a.

PROCLAMATION - Mayor Lukes read a proclamation proclaiming October 15, 2007 as White Cane/Guide Dog Safety Day in Massachusetts. Proclamation was presented by Councilor Perotto to Reverend George McDermott who was invited to speak by the Mayor.

 

4b.

Mayor Lukes suspended the rules to allow William Coleman speak before City Council concerning his request to establish a city ordinance regarding CORI.

 

5.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

6.

PETITIONS

6a.

Krenar & Ervis Jaupaj request removal of a tree located in front of 113 Winfield St.

Attachments

Referred to the Department of Public Works and Parks

 

6b.

William S. Coleman III, et al request City Council establish a City Ordinance regarding CORI, similar to the City of Boston.

Attachments

Referred to City Manager

 

6c.

Richard Feldman request sidewalk repair in front of driveway at 7 Ardmore Rd.

Attachments

Referred to Public Works Committee

 

6d.

Marion Stefanski request sidewalk & step repair at 26 Carlstad St.

Attachments

Referred to Public Works Committee

 

7.

COMMUNICATIONS OF THE CITY MANAGER

 

7.1

APPOINTMENTS
Non-City Council Confirmation
 

7.2

APPOINTMENTS
City Council Confirmation
 

7.3

EXECUTIVE OFFICE OF THE CITY MANAGER
Airport Division
 

7.4

EXECUTIVE OFFICE OF THE CITY MANAGER
Cable Services Division
 

7.5

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

7.6

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Resources Division
A.

Recommend City Council Adoption of a Salary Ordinance Amendment for the Positions of Deputy Assistant Collector and Head Golf Course Professional as per the Fiscal Year 2008 Budget.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 
B.

Recommend City Council Adoption of a Salary Ordinance Amendment for the Positions of Snow Supervisor and Snow Inspector for the Department of Public Works and Parks.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 
 

7.7

EXECUTIVE OFFICE OF THE CITY MANAGER
Workforce Development
 

7.8

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
 

7.9

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
 

7.10

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
 

7.11

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

7.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to the I-290 On-Ramp Closure.

Attachments

Placed on file

 
 

7.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of $1,600.00 from Victory In Christ Worcester South Foursquare Church.

Attachments

Resolution adopted with gratitude

 
B.

Transmitting Informational Communication Regarding a Public Hearing for the Green Hill Park/Bear Brook Daylighting/Restoration Project.

Attachments

Placed on file

 
 

7.14

PUBLIC SAFETY DEPARTMENTS
Communications Division
 

7.15

PUBLIC SAFETY DEPARTMENTS
Fire Department
A.

Transmitting Informational Communication Relative to the Franklin Street Fire Station Groundbreaking Ceremony.

Attachments

Placed on file

 
 

7.16

PUBLIC SAFETY DEPARTMENTS
License Commission
A.

Transmitting Informational Communication Relative to the Parking Lot License Restrictions for the Gate at the Terminus of City View Street at the College of the Holy Cross.

Attachments

Referred to Public Works Committee

 
 

7.17

PUBLIC SAFETY DEPARTMENTS
Police Department
A.

Transmitting Informational Communication Relative to the Execution of a "No Knock" Search Warrant for Cottage Street

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative Allegations from a Clark University Student Concerning the Worcester Police Department.

Attachments

Placed on file

 
C.

Transmitting Informational Communication Relative to Trespassing Vehicles in the Parking Lot at 195 Mill Street.

Attachments

Placed on file

 
D.

Transmitting Informational Communication Relative a Report Pertaining to the Punishment of the Perpetrators who Vandalized Beaver Brook Park.

Attachments

Placed on file

 
 

7.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
 

7.19

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Code Enforcement Division
A.

Transmitting Informational Communication Relative to Unlocking Potentials for Growth, Inc., at 8-10 Stoneland Road.

Attachments

Referred to Housing and Neighborhood Revitalization Committee

 
 

7.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Disability Division
 

7.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Elder Affairs Division
A.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation from Blue Cross/Blue Shield of Massachusetts.

Attachments

Mayor Lukes suspended the rules at the request of the City Manager to introduce John Coughlin, Vice President of Select markets for Blue Cross/Blue Shield and allow him to make a few comments. Order adopted with gratitude

 
 

7.22

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Rights Division
 

7.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Services Division
A.

Transmitting Informational Communication Relative to South Middlesex Opportunity Council's Hiring Policies and Practices for their Worcester sites .

Attachments

Referred to Housing and Neighborhood Revitalization Committee

 
 

7.24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Division
A.

Transmitting Informational Communication Regarding the Participation of Derek Brindisi, the Acting Director of Public Health, in the Massachusetts Institute for Community Health Leadership Program.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Regarding the Women's Health Forum sponsored by the Advisory Committee on the Status of Women.

Attachments

Placed on file

 
 

7.25

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
 

7.26

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
 

7.27

PUBLIC SCHOOL DEPARTMENT
 

7.28

LAW DEPARTMENT
Legal Division
 

7.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

7.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

7.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

7.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

7.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
A.

Recommend City Council Adoption of the Transfer of Jurisdiction of the Foreclosed Tax Title property located at 8A Crest Avenue from the Tax Title Custodian to the Conservation Commission.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

7.34

FINANCE ITEMS
Capital Transfers
A.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account # 75C504, DCU Special District, and be appropriated to DCU Account # 75C704, DCU Special District Improvements, for the Club Box Project, as approved in the Fiscal Year 2008 Capital Improvement Program. These funds represent non-tax levy borrowed funds that were approved as part of the Special District Financing Zone.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
B.

Recommend that Four Thousand Four Hundred Eight Dollars And No Cents ($4,408.00) be transferred from Account # 91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account # 26C701, Fire Department Capital Equipment, for unanticipated costs related to the purchase of two pumpers.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
C.

Recommend that One Hundred Thousand Dollars and No Cents ($100,000.00) be transferred from Account #91C763 and be appropriated to Account #04C714 to allow for payment of invoices related to asbestos abatement and other related costs of City-owned buildings within the South Worcester Industrial Park (SWIP).

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
D.

Recommend that Two Thousand One Hundred Forty Eight Dollars And Fifty Cents ($2,148.50) be transferred from Loan Account # 91C780, Capital Equipment, and be appropriated to Parks Account # 72C701, Parks Capital Equipment to allow for capital equipment purchase for Parks Division.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
E.

Recommend that One Hundred Forty Two Thousand Five Hundred Dollars And No Cents ($142,500.00) be transferred from Account # 91C716, Union Station Building Rehabilitation, and be appropriated to Account # 04C704, Union Station Building Rehabilitation, for expenses associated with the buildout of the Central Massachusetts Regional Planning Commission tenant space.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
F.

Recommend that Five Hundred Fifty Four Thousand Dollars And No Cents ($554,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to Account #44C732, Sewer Control Plan, to allow for the payment of a current invoice and future obligations.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
G.

Recommend that Eleven Thousand Three Hundred Ninety One Dollars And Twenty Cents ($11,391.20) be transferred from Account # 91C780, Capital Equipment , and be appropriated, when and as received, to Account # 28C701, Code Enforcement Capital Equipment, to purchase various equipment, as approved in the Fiscal Year 2008 Capital Improvement Program.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

7.35

FINANCE ITEMS
Operational Transfers
A.

Recommend that Four Hundred Seventy Five Thousand Five Hundred Twenty One Dollars And Thirty One Cents ($475,521.31) be transferred from various Off-Street Parking Reserves accounts and be appropriated to various Off-Street Parking Ordinary Maintenance accounts to provide sufficient funding for the Off-Street Parking Program for the Second Quarter of Fiscal Year 2008.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
B.

Recommend that One Million One Hundred Thousand Dollars And No Cents ($1,100,000.00) currently available in the Overlay Reserve account #322-01, Overlay Surplus, be transferred to Account #359-21, Bond Rating Stabilization Fund.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

7.36

FINANCE ITEMS
Prior Year
 

7.37

FINANCE
Loan Orders
 

7.38

MISCELLANEOUS AGENDA TRANSMITTALS
A.

SUPPLEMENTAL: Transmitting information communication relative to the property located at 5 Sycamore St.

Attachments

Held to be First Item of Business October 23, 2007

 
8.

COMMUNICATION

8a.

Roberta Schaefer, PhD, Executive Director, Worcester Regional Research Bureau transmitting communication relative to Benchmarking Public Safety in Worcester: 2007.

Attachments

Referred to Public Safety Committee

 

9.

TO BE ORDAINED

9a.

Amend Chapter 8 of the Revised Ordinances of 1996 relative to Graffiti on Private Property.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

9b.

Amending Chapter 15 of the Revised Ordinances of 1996 relative to enforcement of the Graffiti Ordinance.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

9c.

Amending Chapter 8 of the Revised Ordinances of 1996 relative to Nuisances.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

9d.

Amending Chapter 15 of the Revised Ordinances of 1996 relative to enforcement of the Nuisance Ordinance.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

10.

TABLED ITEMS

10a.

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)

Attachments

No action taken

 

10b.

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)

Attachments

No action taken

 

10c.

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)

Attachments

No action taken

 

10d.

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)

Attachments

No action taken

 

10e.

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)

Attachments

No action taken

 

10f.

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)

Attachments

No action taken

 

10g.

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)

Attachments

No action taken

 

10h.

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)

Attachments

No action taken

 

10i.

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)

Attachments

No action taken

 

10j.

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)

Attachments

No action taken

 

10k.

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)

Attachments

No action taken

 

10l.

Grant permission to NATIONAL GRID for conduit system in KANSAS ST. (Tabled - September 18, 2007)

Attachments

No action taken

 

10m.

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)

Attachments

No action taken

 

10n.

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)

Attachments

No action taken

 

11.

SUSPENSION OF RULES

11a.

Motion Petty @ #6b CC - Request City Manager provide City Council with a report within two weeks showing the process the city of Boston used to develop rules and regulations concerning CORI.

Attachments

Motion Haller to amend - Further, request report include the progress made at the state level for CORI reform. Motion Petty to amend - Further, request a draft of a city ordinance relative to CORI be included in the report. Order adopted, as amended

 

11b.

Motion Petty @ #7.12A CM - Request City Manager consider requesting the Police Chief to assign police officers to the signalized intersections of Southbridge St. at Lafayette St., Hammond St. and Cambridge St. to expedite the flow of detoured traffic during the next several weeks while the I-290 on-ramp at Vernon St. is closed due to reconstruction activity.

Attachments

Order adopted

 

11c.

Motion Clancy @ #7.16A CM - Request City Manager request the License Commission not allow access through the gate at the terminus of City View Street except only for public emergencies.

Attachments

Order adopted

 

11d.

Motion Haller @ #7.19A CM - Request City Manager keep City Council appraised of the situation at 8-10 Stoneland Rd. as it progresses through its application process for changing the use for this property.

Attachments

Order adopted

 

11e.

Motion Perotto @ #7.19A CM - Request City Manager provide City Council with a report that will address whether the social service program at 8-10 Stoneland Rd. will serve level 3 sex offenders, client's length of sobriety and criteria for the program.

Attachments

Order adopted

 

11f.

Motion Irish @ #7.38A CM - Request City Manager invite Ahmad Shishesaz to the October 23, 2007 City Council meeting to hear concerns relative to his property at 5 Sycamore St.

Attachments

Order adopted

 

11g.

Motion Petty @ #7.38A CM - Request City Manager provide City Council with a report concerning the results of the November 1, 2007 License Committee hearing relative to the application for a lodging house license at 5 Sycamore St.

Attachments

Order adopted

 

11h.

Motion Toomey @ #7.38A CM - Request City Manager provide City Council with a report on the feasibility of a self funded program requiring health and code inspections and permits on a yearly basis for rooming houses and non-owner occupied facilities and houses.

Attachments

Order adopted

 

11i.

Motion Perotto, Palmieri, Irish, Rosen, Smith, Haller, Toomey, Petty, Clancy, Rushton and Lukes - Suspension of Rules - Request City Manager request the Worcester Regional Transit Authority Board to postpone any vote concerning budget cuts until such time as the proposal has ample public hearings across the City of Worcester, and, further, request the Board and the WRTA Administration meet with state leaders concerning future funding for the transit authority.

Attachments

Order adopted

 

11j.

Motion Petty - Suspension of Rules - Request City Manager report to City Council concerning the taxation of real estate and personal property owned by colleges and universities for income related activities such as event rentals, printing, wireless cellular towers, tables/chairs, etc. used in connection with for-profit activities that compete with local tax-paying businesses, and if colleges and universities are determined to be mixed use properties, request the City Manager engage the services of a company that specializes in auditing personal property that would accurately identify additional tax revenue on such personal property.

Attachments

Order adopted

 

11k.

PETITION - Councilor Barbara G. Haller request to install a No Parking Zone in Sigel St., on both sides, near Quinsigamond Ave.

Attachments

Referred to the Traffic & Parking Committee

 

11l.

Motion Rosen - Suspension of Rules - Request City Manager provide City Council with a report explaining the reasons Fallon and Blue Cross/Blue Shield Health Insurance plans were not participants on Community Immunity Day.

Attachments

Order adopted

 

11m.

Motion Rushton - Suspension of Rules - Request City Manager review the resurfacing project in Clark St. and respond to the non-existence of sidewalks and timeline for completing this project.

Attachments

Order adopted

 

11n.

Motion Rushton - That the Tax Classification Hearing to determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2008 will be held on Tuesday, October 30, 2007 at 7:00 P.M.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)