CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 18, 2007

Council Chamber

Convened: 6:38 P.M.

Recessed to Executive Session: 6:39 P.M.
Reconvened to Regular Meeting: 7:28 P.M.
Adjourned: 9:57 P.M.

Mayor
Konstantina B. Lukes

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

REPORT OF THE COMMITTEE ON RULES AND REGULATIONS Upon the Communication of the City Manager transmitting informational communication regarding an amendment to the rules of the City Council concerning the establishment of City Council Standing Committees: Pursuant to Rule 58 recommend acceptance of the Report as amended and adoption of the accompanying amended order as proposed on a roll call voted of 11 Yeas and 0 Nays in City Council on December 11, 2007 that the Rules of the City Council be amended by deleting in it's entirety the existing Rule 22 and inserting in it's place thereof the new Rule 22 as attached.

Mayor Lukes suspended the rule to dedicate the end of the City Council meeting to Councilor Michael C. Perotto and Council Dennis L. Irish to allow the Mayor, Councilors and City Manager convey thanks for their dedication to the City of Worcester. Mayor Lukes presented the ceremonial chair and a key to the City of Worcester. Both Councilors were given the opportunity to say their farewells and give their thanks.

William S. Coleman, III request City Council have City Administration broadcast City Council meetings on the internet (live streaming) and also archive Council meetings on the City website.

Paul Lenkarski request the entire portion of 35 State Road, also known as Route 12, presently zoned as RL-7 be rezoned to BL-1.0.

Shannon Quezada request a guardrail in front of 36 Fairfield St.

Drean Sabin request the Department of Public Works remedy the situation caused by the city sewer causing problems to the homeowners on Waller Ave.

Cynthia Wade request handicap parking space in front of 180 Fairmont Ave.

Anthony Nardella request handicap parking space between 43 & 45 Cutler St. be removed.

Maureen Thorin request handicap parking space in front of 10 Agawam St.

NATIONAL GRID & VERIZON NEW ENGLAND INC. for joint pole locations in BELCOURT RD.

Recommend City Council’s deliberation, consideration and approval of an amendment to the Salary Ordinance creating the position of Police Laboratory Technician.

Transmitting Informational Communication Relative to an Update on the Worcester Cultural Coalition activities, focusing on the introduction of the WOO Card.

Recommend City Council Approval to Change the Table of Organization within the Department of Neighborhoods and Housing Development by Adding Two New Staff Positions that Will Be Funded solely through the HUD Healthy Homes and Lead Hazard Abatement (HHLHAP) Grant.

Recommend Adoption of an Amendment to the Parking Ordinance at 89 Shrewsbury Street.

Recommend Adoption of a Resolution Affirming the City's Commitment to Increase Paper Recycling.

Transmitting Informational Communication Relative to the City's Fiscal Year 08 Sidewalk Rehabilitation Program.

Transmitting Informational Communication Relative to Stormwater Permit Compliance Costs.

Requesting City Council's Endorsement of the Massachusetts Water/Wastewater Agency Response Network (WARN) Agreement with the City.

Transmitting Informational Communication Relative to the City's Snow Removal Ordinance.

Transmitting Informational Communication Relative to the 2008 Lifeguard Training Program.

Transmitting Informational Communication Relative to an Invitation to a Public Hearing on the Design for the World War II Memorial at the Worcester Common.

Transmitting Informational Communication Regarding a Public Hearing for the Green Hill Park Master Plan.

Transmitting Informational Communication Relative to an Agreement between the City of Worcester and Sprint/Nextel for Rebanding.

Recommend Adoption of a Resolution to Authorize the Lease of Space at the Worcester Senior Center.

SUPPLEMENTAL: Transmitting Informational Communication regarding the City's Operation Yellow Box Program.

Recommend Adoption of a Resolution to Accept with Gratitude a Gift from the Worcester Public Library Foundation to the Worcester Public Library.

Transmitting Informational Communication Relative to the Appointment of a New Parking Ticket Processing and Collection Vendor.

Recommend that Ninety Thousand Dollars And No Cents ($90,000.00) be transferred from Loan Account # 91C784, Park Improvements, and be appropriated to Parks Account # 72C702, Parks Site Improvements, for the Cookson Field Project.

Recommend that One Hundred Sixty Eight Thousand Dollars And No Cents ($168,000.00) be transferred from Loan Account # 91C780, Capital Equipment , and appropriated to Parks Account # 72C701, Parks Capital Equipment, for the purchase of a Forestry logging truck, as approved in the Capital Improvement Program.

Recommend that Sixty Seven Thousand Two Hundred Fifty Two Dollars And No Cents ($67,252.00) be transferred from Loan Account #91C731, Capital Equipment, and be appropriated to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of four pickup trucks per the Fiscal Year 2008 Capital Improvement Program.

Recommend that Thirteen Thousand One Hundred Seventy Dollars And No Cents ($13,170.00) be transferred from Loan Account #91C780, Capital Equipment, and be appropriated to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment a pickup truck, as approved in the Fiscal Year 2008 Capital Improvement Program.

SUPPLEMENTAL: Recommend that Twenty Three Thousand Dollars And No Cents ($23,000.00) currently available in Account 250-91000, Police Department Personal Services, be re-appropriated to the same account for the purpose of funding the position of Lab Technician for the remainder of Fiscal Year 2008. Further recommend that the Table of Organization of the Police Department be amended by adding the position of Lab Technician.

SUPPLEMENTAL: Recommend City Council Review, Consideration and Approval of the Attached Loan Order in the amount of Seven Hundred and Fifty Thousand Dollars And No Cents ($750,000.00) to be appropriated to Account #91C716, Union Station Rehabilitation, for the tenant fit out for Union Station.

James DelSignore, City Auditor, transmitting communication relative to the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2007.

Mayor Konstantina B. Lukes transmitting communication requesting that the City Council accept with gratitude the donation of used furniture.

REPORT OF THE PLANNING BOARD upon the Communication of the City Manager transmitting informational communication regarding the discontinuance and abandonment of Amesbury St.

REPORT OF THE PLANNING BOARD Upon the Petition of Bonnie Harmon request City abandon Cayuga St. and apportion it to abutting property owners.

Amending Chapter 13 of the Revised Ordinances of 1996 relative to storage of recreational vehicles in the City.

Amending Salary Ordinance of August 20, 2006 - Occupational Group F - Inspection - Nuisance Ordinance Inspector

Amending the Salary Ordinance of August 20, 1996 - Occupational Group W - Miscellaneous - Intake Worker.

REPORT OF THE COMMITTEE ON HEALTH Upon the Communication of the City Manager Transmitting communication relative to the report "Operation Yellow Box" be referred to the City Council's Standing Committee on Health: recommend accept Communication and adoption of the accompanying Order authorizing and requesting the City Manager, through the Commissioner of the Department of Public Health to establish a Yellow Box Program within the City of Worcester encompassing the attached component parts. (Tabled - Haller December 11, 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)

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 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)

Motion Lukes - Suspension of Rules - That the City Council hereby recesses into Executive Session in Room 310 for the purpose of discussing the strategy with respect to pending litigation.

Motion Clancy - Suspension of Rules - That the City Council Calendar for January 8, 2008 meeting be a City Manager and City Council agenda.

Motion Haller @ #8.12B CM - Request City Manager review for accuracy the district assignments to the FY08 Sidewalk Rehabilitation Program.

Motion Clancy @ #8.12C CM - Request City Manager Request the City Solicitor provide City Council with a legal opinion relative to legal options with EPA and fines and are there alternative routes for civil disobedience.

Motion Smith @ 8.24A CM - Request City Manager amend his plan to accept the recommendation set forth by the Health Committee for immediate implementation of eight yellow box sites.

Motion Irish @ 8.24A CM - Request to table under privilege Councilor Smith's motion.

Motion Petty @ 8.24A CM - Request City Manager provide City Council with a report as the location of the yellow boxes and where the boxes will be located on the premises.