CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 30, 2007

Council Chamber

Convened: 7:12 P.M.

Adjourned: 9:23 P.M.


Mayor
Konstantina B. Lukes

 

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Paul P. Clancy Jr. Barbara 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.

INVOCATION - Reverend Richard Wright, Emmanual Baptist Church

2.

PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER - ALEXANDRA MILLS

3.

ROLL CALL - All present

4.

TAX CLASSIFICATION HEARING

4a.

To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2008.

The Mayor opened the hearing. Motion Toomey - Request to take public testimony before City Councilors speak. - Approved on a voice vote. Speaker in favor of the lowest residential tax rate: Gary Vecchio, Worcester resident Speakers in favor of a tax rate favorable to businesses: Michael Angelini, Worcester resident Richard Kennedy, Worcester resident John Carnegie, Worcester resident Motion Clancy - That the tax rate for Fiscal Year 2008 be set at $12.54 for Residential property and $26.20 for Commercial, Industrial and Personal property. Councilor Clancy's motion Approved on a roll call vote of 11 Yeas and 0 Nays. - Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays. (See #14a)

 

5.

FIRST ITEM OF BUSINESS

5a.

Communication of Michael V. O'Brien, City Manager, transmitting informational communication for the tax classification hearing scheduled for October 30, 2007. (Tabled - October 23, 2007)

Attachments

Placed on file

 

6.

ITEMS OF CITIZEN INTEREST

6a.

PROCLAMATION - Mayor Lukes read a proclamation proclaiming the month of November 2007 as Radon Awareness Month. Proclamation was presented by Council Perotto to William Bell, Director of Massachusetts Department of Public Health's Radon Control Program.

 

6b.

Mayor Lukes recognized and welcomed five visitors from Russia who are observing the City Council meeting, their host is the International Center of Worcester Open World Leadership Program sponsored through the Library of Congress. They are in Worcester to visit the Technical High School, North High School, Quinsigamond Community College and several local business to see how businesses and education cooperate to prepare students for their careers.

 

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Dr. Jeffrey Gallo, Trustee for 25 Oak Ave. Condominium Trust, request installation of an accessible sidewalk curb cut on the easterly side of Converse St.

Attachments

Referred to Public Works Committee

 

8b.

Dr. Jeffrey Gallo, Trustee for 25 Oak Ave Condominium Trust, request resurfacing of the sidewalk on the easterly side of Converse St. from the corner of Kendall St. to the parking lot exit driveway.

Attachments

Referred to Public Works Committee

 

8c.

Renee Remington request sidewalk repair in front of 33 Arbutus Rd.

Attachments

Referred to Public Works Committee

 

8d.

Theodor van Stephoudt request sidewalk repair for 3 Mann St.

Attachments

Referred to Public Works Committee

 

8e.

Theodor van Stephoudt request sidewalk repair for 24 Hampden St.

Attachments

Referred to Public Works Committee

 

8f.

Sandra Robidoux request handicap signs be posted in front of 3 Haven Lane.

Attachments

Referred to Traffic and Parking Committee

 

8g.

Veronica Chaput et al request handicap parking in front of 45 Fox St.

Attachments

Referred to Traffic and Parking Committee

 

8h.

Dr. Jeffrey Gallo, Trustee of 25 Oak Ave. Condominium Trust, request painting of a pedestrian crosswalk from the easterly to the westerly sidewalks on Converse St.

Attachments

Referred to Traffic and Parking Committee

 

8i.

Councilor Paul P. Clancy, Jr. on behalf of Richard Karalus request to rescind the handicapped parking sign across from #40 Grammont Rd.

Attachments

Referred to Traffic and Parking Committee

 

9.

COMMUNICATIONS OF THE CITY MANAGER

 

9.1

APPOINTMENTS
Non-City Council Confirmation
 

9.2

APPOINTMENTS
City Council Confirmation
 

9.3

EXECUTIVE OFFICE OF THE CITY MANAGER
Airport Division
 

9.4

EXECUTIVE OFFICE OF THE CITY MANAGER
Cable Services Division
 

9.5

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

9.6

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Resources Division
 

9.7

EXECUTIVE OFFICE OF THE CITY MANAGER
Workforce Development
 

9.8

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
 

9.9

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
 

9.10

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
 

9.11

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

9.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Regarding the Status of City Projects Submitted to theTransportation Improvement Program (TIP).

Attachments

Referred to Public Service and Transportation Committee

 
B.

Transmitting Informational Communication Relative to the 2007 Fall Leaf Collection/Street Sweeping Program.

Attachments

Referred to Public Works Committee

 
 

9.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Relative to a Status Update on the Restoration of the Worcester Common.

Attachments

Referred to Public Works Committee

 
B.

Recommend Adoption of a Resolution to File and Accept a Donation of One Thousand Five Hundred Dollars ($1,500) from St. Gobain Abrasives, Inc.

Attachments

Resolution adopted with gratitude

 
C.

Transmitting Informational Communication Relative to the Master Plan for Institute Park.

Attachments

Referred to Youth, Parks and Recreation Committee

 
 

9.14

PUBLIC SAFETY DEPARTMENTS
Communications Division
 

9.15

PUBLIC SAFETY DEPARTMENTS
Fire Department
A.

Transmitting Informational Communication Relative to a Report Concerning the City's Overall Preparedness in the Event of a Disaster.

Attachments

Referred to Public Safety Committee

 
 

9.16

PUBLIC SAFETY DEPARTMENTS
License Commission
 

9.17

PUBLIC SAFETY DEPARTMENTS
Police Department
A.

Transmitting Informational Communication Relative to the Number of Allegations of Police Misconduct and the Number of Sustained Complaints for the Past Five Years.

Attachments

Referred to Public Safety Committee

 
B.

Recommend Adoption of a Resolution to File and Accept a Grant through the Massachusetts Executive Office of Public Safety for the Hiring of Municipal Police Officers.

Attachments

Resolution adopted

 
 

9.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
 

9.19

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Code Enforcement Division
 

9.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Disability Division
 

9.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Elder Affairs Division
 

9.22

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Rights Division
A.

Transmitting Informational Communication Relative to the Completion of the Mural on the Green Street Bridge.

Attachments

Placed on file

 
 

9.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Services Division
 

9.24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Division
A.

Transmitting Informational Communication Relative to the Efforts that are being made to Test the Air Quality Across the City.

Attachments

Referred to Health Committee

 
B.

Recommend Adoption of a Resolution to File and Accept a Demonstration Grant from the Massachusetts Office of Public Health for the Reduction of Racial and Ethnic Health Disparities.

Attachments

Resolution adopted

 
C.

Transmitting Informational Communication Relative to the Health of the Retention Pond Located at Coes Pond Village -39 First Street.

Attachments

Placed on file

 
D.

Transmitting Informational Communication Relative to a Public Awareness Campaign to Educate the Public on the Detrimental Effects of Radon and the Need for Radon Testing throughout the City.

Attachments

Referred to Health Committee

 
 

9.25

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
A.

Recommend Adoption of a Resolution to Accept a Grant from the Clarence S. Arms Family Fund as Dispersed by the Greater Worcester Community Foundation for the Worcester Public Library Talking Book Program.

Attachments

Resolution adopted

 
 

9.26

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
 

9.27

PUBLIC SCHOOL DEPARTMENT
 

9.28

LAW DEPARTMENT
Legal Division
A.

Transmitting Informational Communication Relative to an Update Concerning 103 Holden Street.

Attachments

Referred to Housing and Neighborhood Revitalization Committee

 
 

9.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
A.

Transmitting Informational Communication Relative to the Tax Classification Hearing to be held on October 30, 2007.

Attachments

Placed on file

 
B.

SUPPLEMENTAL: Recommend Adoption of the Attached Orders which will Establish the Elderly Exemption program at $700.00 and allow for the Double Elderly Abatement.

Attachments

Taken up prior to the Tax Classification Hearing - Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

9.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Transmitting Informational Communication Regarding Adjustments to the Fiscal Year 2008 Budget Prior to Setting the Fiscal Year 2008 Tax Rates.
Refer to CCM Item 9.35C

Attachments

Placed on file

 
 

9.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

9.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

9.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

9.34

FINANCE ITEMS
Capital Transfers
A.

Recommend that Fifty Six Thousand Six Hundred Dollars And No Cents ($56,600.00) be transferred from Account # 91C780, Citywide Capital Equipment, and be appropriated, when and as received to Account # 41C703, DPW Capital Equipment, to allow for the purchase and future payment of a route tracking system that was approved in the Fiscal Year 2007 Capital Improvement Program.

Attachments

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

 
B.

Recommend that One Hundred Sixty Five Thousand Dollars And No Cents ($165,000.00) be transferred from Account # 91C784, Park Improvements, and appropriated to Account #72C702, Park Site Improvements, for rehabilitation and upkeep expenses associated with the Korean War Memorial Project, as approved in the Fiscal Year 2007 Capital Improvement Program.

Attachments

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

 
C.

Recommend that Two Hundred Forty Two Thousand Seven Hundred Dollars And No Cents ($242,700.00) be transferred from Account # 91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #25C701, Police Capital Equipment, for various capital equipment projects approved in the Fiscal Year 2008 Capital Improvement Program.

Attachments

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

 
D.

Recommend that Seventy Thousand Two Hundred Ninety One Dollars And No Cents ($70,291.00) be transferred from Account # 91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #26C701, Fire Department Capital Equipment, for the purchase of various equipment approved in the Fiscal Year 2008 Capital Improvement Program.

Attachments

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

 
 

9.35

FINANCE ITEMS
Operational Transfers
A.

Recommend that Five Thousand Dollars And No Cents ($5,000.00) be transferred from Revenue Account # 330-15, Conservation Commission Fees, and be appropriated to Account # 04S406, Conservation Commission, to fund the Conservation Commissions various ordinary maintenance expenses for Fiscal Year 2008.

Attachments

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

 
B.

Recommend that Seven Hundred Seventy Five Dollars And Fifty Six Cents ($775.56) be transferred from Account #330-07, Damage Settlement Account, and be appropriated to Account #2602-92000, Fire Department - Maintenance Division, Ordinary Maintenance, to fund repairs to the maintenance van.

Attachments

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

 
C.

Recommend City Council Approval of the Following Transfers Prior to the Setting of the Fiscal Year 2008 Tax Rates.
Refer to CCM Item 9.30A

Attachments

Taken up prior to the Tax Classification Hearing - Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

9.36

FINANCE ITEMS
Prior Year
A.

Request City Council approval to pay One Hundred Ninety Two Dollars And Sixty Three Cents ($192.63) for various prior year invoices relating to the Annual FAA Inspection of Worcester Regional Airport.

Attachments

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

 
B.

Recommend that Five Hundred Thirty Seven Dollars And No Cents ($537.00) be approved from Account # 45105-92000, Water Filtration Ordinary Maintenance, to pay prior year reimbursements to employees who paid for "Water Drinking Operators" license testing out of pocket.

Attachments

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

 
 

9.37

FINANCE
Loan Orders
 

9.38

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Regarding the City's Bond Rating.

Attachments

Referred to Municipal Operations Committee

 
10.

RECESS TO FINANCE COMMITTEE - No action taken

10a.

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

Attachments

 

10b.

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

Attachments

 

10c.

#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.

Attachments

 

10d.

#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.

Attachments

 

10e.

#5b CC September 25, 2007
Communication of the City Manager transmitting informational communication regarding a Financial Update of the Fiscal Year 2008 Budget.

Attachments

 

11.

COMMUNICATION

11a.

David J. Rushford, City Clerk, transmitting response of Kevin Cranston, Director of the HIV/AIDS Bureau for the Massachusetts Department of Public Health, regarding the sites across the Commonwealth where syringe disposal kiosks or boxes have been accepted.

Attachments

Referred to Health Committee

 

12.

TO BE ORDAINED

12a.

Amend the Salary Ordinance of August 20, 1986 Occupational Group E - Fiscal - Deputy Assistant Collector. Amend the Salary Ordinance of August 20, 1996 Occupational Group M - Recreation - Head Golf Course Professional.

Attachments

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

 

12b.

Amend the Salary Ordinance of August 20, 1996 - Occupational Group P - Foreman and Supervisor - Snow Operations Inspector and Supervisor.

Attachments

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

 

13.

TABLED ITEMS

13a.

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

 

13b.

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

 

13c.

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

 

13d.

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

 

13e.

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

 

13f.

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

 

13g.

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

 

13h.

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

 

13i.

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

 

13j.

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

 

13k.

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

 

13l.

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

Attachments

No action taken

 

13m.

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

 

13n.

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

 

14.

SUSPENSION OF RULES

14a.

Motion Clancy @ #4a CC - That the tax rate for Fiscal Year 2008 be set at $12.54 for Residential property and $26.20 for Commercial, Industrial and Personal property.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays - Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

14b.

Motion Haller @ 9.28A CM - Request City Manager provide City Council with a report concerning whether it is possible for the City to put conditions on properties that it auctions through the tax title process and if not what this City Council can do to make sure conditions are and options.

Attachments

Order adopted

 

14c.

PETITION - Councilor Kathleen M. Toomey request repair/replacement of sidewalks in Ardmore Rd.

Attachments

Referred to Public Works Committee

 

14d.

Motion Lukes - Suspension of Rules - Request City Manager provide City Council with a report concerning the sewerage and drainage pipes for the property at 19 McKeon Rd. (see attachments)

Attachments

Order adopted