CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 3, 2008

Council Chamber

Convened: 7:19 P.M.

Adjourned: 8:02 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Mayor Lukes read a Proclamation proclaiming the week of June 1st to June 7th to be called Literacy Week in the City of Worcester. Councilor Eddy presented the proclamation to School Committee Member John F. Monfredo.

Bettye Mograss request abatement of sewer betterment assessment #31037 in the amount of $912.00 in Shepard St.

Marshall & Sharon Gaylord request abatement of street betterment assessment #24675 in the amount of $9,056.32 in Chino Ave.

Mayor Konstantina B. Lukes on behalf of Robert Kennedy, Executive Director of Mechanics Hall, and Bob Blair, Maintenance Manager of Mechanics Hall request sidewalk repair on the west side of Waldo St. behind Mechanics Hall.

Vincent Patruno on behalf of Residence Inn by Marriott request the installation of six (6) directional signs to Residence Inn by Marriott.

Transmitting Informational Communication Relative to Responses to Human Resources Questions Posed During the Fiscal Year 2009 Budget Hearings.

Recommend City Council's Adoption of the Attached Resolution to File and Accept a Commonwealth Corporation YouthWorks 2008 Summer Jobs Program Grant for City Youth Ages 14 to 21 who are within Income Guidelines.

Transmitting Informational Communication Relative to the Keep Worcester Clean Status Report for the Month of March 2008.

Recommend City Council's Adoption of the Attached Resolution to File and Accept a Grant from the Massachusetts Executive Office of Public Safety and Security (MEOPSS) for the Purchase of Permanent Antennas and Radio Equipment.

Transmitting Informational Communication Relative to a Report on the Number of Arrests, Calls for Disturbances and Related Public Safety Incidents over the Past Year Associated with La Raza Restaurant & Nightclub at 387 Cambridge Street.

Transmitting Informational Communication Relative to Long-Range Resources Necessary to Increase/Improve Services to our Burgeoning Senior Population.

Transmitting Informational Communication Relative to an Update on the City's Lead Paint Abatement Program.

Recommend City Council's Adoption of a Resolution to File and Accept a Central Region Homeland Security Grant from the Executive Office of Public Safety and Security for the Purchase of Worcester Metropolitan Medical Response System Equipment.

Recommend City Council's Adoption of a Resolution to File and Accept Region II Public Health Emergency Preparedness Coalition Funding to Support Emergency Dispensing Site Planning.

Transmitting Informational Communication Relative to the City's Biotech and Bioscience Safety Ordinance and Permitting Requirements.

Transmitting Informational Communication Relative to uses of Grant Award Funds for Substance Abuse Prevention.

Transmitting Informational Communication Relative to a Legal Clarification of the Votes Needed in City Council for Approval of Provisions of the Massachusetts General Laws.

Transmitting Informational Communication Relative to Unexpended Balances in City Accounts as of May 1, 2008.

Transmitting Informational Communication Relative to Health Insurance Questions Posed During Fiscal Year 2009 Budget Hearings.

Recommend that Seven Hundred Sixty Five Thousand Dollars And No Cents ($765,000.00) be transferred from Loan Account #91C727, Franklin Street Fire Station, and appropriated to DPW Account #41C726, Franklin Street Fire Station, to allow for the payment of ongoing contractual obligations.

Recommend that One Hundred Eighty Five Thousand Dollars ($185,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and appropriated to Account #68C702, Technical Services Building Rehabilitation, to pay for obligations related to relocation of Technical Services.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C784, Park Improvements, and appropriated to Parks Account #72C709, Rockwood Field, to fund construction costs associated with Rockwood Field.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C737, Water Meters, and be appropriated to DPW Account #4C794, Water Meters, to allow for the payment of current and future obligations.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C724, Belmont Street Force Main, to allow for the payment of anticipated engineering obligations.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C713, Water Mains, and be appropriated to DPW Account #45C720, Water Mains, to allow for the payment of current invoices and anticipated future obligations.

Recommend that Seventy Five Thousand Dollars And No Cents ($75,000.00) be transferred from Account #91C784, Parks Improvement, and appropriated to Account #50C707, Foley Stadium, to pay for charges for a Foley Stadium feasibility study.

Recommend that Three Hundred Eighty One Thousand Sixty Four Dollars And No Cents ($381,064.00) be transferred from Account #91C716, Union Station Building Rehabilitation and be appropriated to Account #04C704, Union Station Building Rehabilitation Holding Account for the payment of expenses related to the Union Station Fit out.

Recommend that Two Hundred Ninety Two Thousand Three Hundred Seventy One Dollars And No Cents ($292,371.00) be transferred to and from various accounts so as to provide sufficient funding for the payment of debt costs associated with the Major Taylor Blvd. Garage.

Recommend that One Thousand Two Hundred Thirty Five Dollars And Eighty Two Cents ($1,235.82) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and appropriated to Account #280-92000, Code Enforcement Ordinary Maintenance, to fund vehicle repairs.

Recommend that Eighty Five Thousand Dollars And No Cents ($85,000.00) be transferred from Account #900-91000, City Manager's Contingency, and appropriated to Account #3320-92000, Veterans Services Ordinary Maintenance, to provide funding for Veterans benefits for the remainder of this fiscal year.

Recommend that Fifty Six Thousand Dollars And No Cents ($56,000.00) be transferred from Account #900-91000, City Manager's Contingency, and appropriated to Account #174-96000, Public Safety IOD Ordinary Maintenance, to fund medical costs for Police and Fire on-duty injuries through the remainder of this fiscal year.

Recommend that Ninety Eight Thousand Dollars And No Cents ($98,000.00) be transferred from Account #900-91000, City Manager's Contingency, and appropriated to Account #171-96000, Workers Compensation Ordinary Maintenance, to fund medical costs for City employees injured at work for the remainder of this fiscal year.

Recommend that Fifty Nine Thousand Four Hundred Dollars And No Cents ($59,400.00) be transferred from Account #900-91000, City Manager's Contingency, and appropriated to Account #260-92000, Fire Department Ordinary Maintenance, to fund utility, diesel and gasoline expenses through the end of the fiscal year.

Transmitting Informational Communication relative to Chapter 32B, Section 19 of the Massachusetts General Laws.

Transmitting Informational Communication Relative to an Upcoming Seminar to Discuss the State of the Biotechnology Industry in City of Worcester and in the Commonwealth

James A. DelSignore, City Auditor, transmitting communication concerning the contractual agreements between the City and SMG for managing the DCU Center.

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)

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 Mayor Konstantina B. Lukes - Request City Manager report to City Council whether a claims process exists which is available to commercial users who experience electric power outages and surges caused by National Grid. (Tabled - Lukes February 26, 2008)

Order of Mayor Konstantina B. Lukes - Request City Manager report on the number and location of National Grid equipment stations located on public property, whether the City receives any revenue from the use of public land, and if not, whether the city can charge for said use. (Tabled - Lukes February 26, 2008)

Order of Mayor Konstantina B. Lukes - Request City Manager report to City Council regarding National Grid services in the city based on data filed with the Department of Telecommunications and Energy specifically addressing the number of outages, the locations of the outages, causes of the outages and the fines, if any, paid by National Grid in 2007. (Tabled - Lukes February 26, 2008)

Petition of NATIONAL GRID for cable and conduit system in: PLANTATION ST., CLARENDON ST. & ALMONT AVE. (Tabled - Palmieri March 18, 2008)

Proposed Ordinance amending the Montvale Historic District by the adoption of a new map enlarging the District. (Tabled Under Privilege - Palmieri March 25, 2008)

PETITION - Councilor Paul P. Clancy, Jr. on behalf of Sue Moynagh et al request to keep the Providence Street Fire Station open in order to assure the safety of the citizens.

Motion Haller @ #6.24E CM - Request City Manager keep City Council informed concerning drug abuse prevention funds and programs.

Motion Haller @ #6.24E CM - Request City Manager provide to City Council with a report relative to drug overdoses on an annual basis for the past five years and include whether they were fatal or non-fatal as well as the causes of the overdoses.

Motion Rushton @ #6.30A CM - Request City Manager request the Chief Financial Officer work with the City Auditor to breakdown the communication concerning the unexpended balances so that it could be easily compared with budget book.

Motion Lukes @ #6.30A CM - Request City Auditor report to City Council the year end uncertified free cash report as of June 30, 2008.

Motion Clancy @ #6.30B CM - Request City Manager provide City Council with a report concerning what percentage health insurance Medicare Part B would be funded separately through the Worcester Public Schools budget.

Motion Clancy - Suspension of Rules - That the order of business for the City Council agenda for June 10, 2008 should be as follows: First Item of Business - the Report of the Committee on Public Works relative to water and sewer rates; the Second Item of Business - that the City Council recess to Finance Committee for approval of remaining budget hearings and approve the FY 2009 Budget; and the Third Item of Business be the monthly economic development and small business retention reports.

Motion Lukes to amend: Request monthly economic development report and the small business retention report be presented for the June 17th City Council meeting.

PETITION - Councilor Philip P. Palmieri on behalf of Marilena Kakouros request sidewalk repair in front of 24 Clearview Avenue.

Motion Germain- Suspension of Rules - Request City Manager provide City Council with a report regarding additional resources MassPort contributes to the City other than the airport subsidy.

Motion Germain - Suspension of Rules - Request City Manager request the City Solicitor provide City Council with a report relative to city's compliance with ADA requirements at city swimming pools.

Motion Germain - Suspension of Rules - Request City Manager report to City Council the cost associated with making the city's pools handicap accessible.

Motion Germain - Suspension of Rules - Request the City Manager review the feasibility of enacting a home rule petition that places a moratorium on home foreclosures in the City of Worcester, as a result of unfair lending practices, using the City of Boston's proposed legislation as a model and report back to City Council.

Motion Rushton - Suspension of Rules - Request City Manager reach out and express to Community HealthLink the need to respect the neighborhood and provide 24 hour supervision at 62 Elm St.

Motion Lukes to amend: Further, request City Manager report to City Council as to how Community HealthLink has or has not complied with the recommendations of the Mayors Siting Task Force.

RESOLUTION of Councilor Barbara G. Haller - That the City Council of the City of Worcester hereby goes on record in support of the City Manager meeting with Community HealthLink and request that if they should choose to move forward with their proposed facility at 62 Elm St., known as Spencer House, that they do so with 24 hour supervision.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report detailing the several places that Worcester Department of Public Health has engaged with to request that tobacco advertising be taken down from public viewing. (Palmieri)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council the impact of the cuts proposed by Councilor Rushton (as enclosed). (Petty)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council the reasons for the additional appropriation of $100,000 to Workman's Compensation budget considering the outsourcing of this function to a vendor as a cost savings measurer. (Germain)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with an analysis of any legal impact should the cut to the airport budget pass. (Palmieri)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council concerning the potential savings by procuring electricity through power aggregation. (Smith)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council as to how the broker utilized for the purchasing of energy would be paid and estimated savings. (Lukes)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager consider speaking with our state delegation concerning an amendment to procurement legislation so that local companies may be given preference with the sanctioning of state law. (Haller)