CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – OCTOBER 17, 2006

7:00 P.M.

Convened 7:01 P.M.

Adjourned: 9:15 P.M.

 

 

 

1.       PLEDGE OF ALLEGIANCE

 

2.                 STAR SPANGLED BANNER-ALEXANDRA MILLS

 

3.       ROLL CALL – All present except Councilor Petty

 

HEARING & ORDER- 7:00 P.M.

 

          4 HEARING HELD

 

4.       CHARTER COMMUNICATIONS for conduit location in: SOUTHBRIDGE ST.

 

          4a ADOPTED

 

4a.     Granting permission to CHARTER COMMUNICATIONS for conduit location in:  SOUTHBRIDGE ST.  (Attachments)

 

5.               ITEMS OF CITIZEN INTEREST

 

Mayor Murray read a proclamation proclaiming October 2006 Breast Cancer Awareness Month.

         

5b.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

6 & 7 REFERRED TO DEPARTMENT OF PUBLIC WORKS & PARKS

 

6.       Claude Dorman on behalf of the East Highland Area Neighborhood Association and residents request the removal of a dead tree in front of 62 Fruit St. (Attachments)

 

7.       Claude Dorman on behalf of the East Highland Area Neighborhood Association request the removal of a dead tree at the entrance to Dayton Place. (Attachments)

 

8 REFERRED TO PLANNING BOARD

 

8.       Attorney Todd Rodman on behalf of Main South Community Development Corporation request to remove Gould Court from the Official City Map to facilitate the construction of housing in connection with the Gardner Kilby Hammond project. (Attachments)

 

          9-11 REFERRED TO PUBLIC WORKS

 

9.       John Riley request to enter into a prior agreement with the City of Worcester to extend a sanitary main on Denmark Street a distance of 240’ at the petitioner’s expense. (Attachments)

 

10.     Donald Ekross request section of cement that was temporarily repaired last year be replaced with cement in front of 48 Cedar St. (Attachments)

 

11.     Michael Konan, President of Meola Development Corporation, request the City of Worcester to accept easement for the cross-country drain and the detention basin for Good Harbor Dr. per subdivision plan entitled Good Harbor Heights. (Attachments)

 

          12 REFERRED TO PLANNING BOARD

 

12.     Michael Konan, President of Meola Development Corporation, request to accept and make public Meola Ave. Extention. (Attachments)

 

          13 & 14 REFERRED TO PUBLIC WORKS

 

13.     Tam Nguyen request sidewalk repair of 16 broken blocks on the West St. side of 203 Pleasant St. (Attachments)

 

14.     Councilor Joffrey A. Smith on behalf of Indian Lake Watershed Association in cooperation with the Greendale YMCA, Bancroft School and Worcester Fitness request to install sidewalks along Shore Dr. from Holden St. until it meets the sidewalk at the YMCA. (Attachments)

 

          15-17 REFERRED TO PLANNING BOARD

 

15.     Attorney Donald O’Neil on behalf of Norman and Carol Vokes request to accept and make public Mink Circle. (Attachments)

 

16.     Edgard Freire et al request the City of Worcester to acquire, improve, layout and decree a public way along and within the bounds of the existing 30 foot wide common driveway that serves certain residential properties along Plantation St. and Wigwam Hill Dr. (Attachments)

 

17.     Carlos & Maria Cautinho request the City of Worcester to acquire, improve, layout and decree a public way along and within the bounds of the existing 30 foot wide common driveway that serves certain residential properties along Plantation St. and Wigwam Hill Dr. (Attachments)

 

18-24 REFERRED TO TRAFFIC & PARKING

 

18.     Claude Dorman on behalf of the East Highland Area Neighborhood Association request the installation of a stop sign at the intersection of Fruit and William Sts. for traffic moving in a northerly direction. (Attachments)

 

19.     Claude Dorman on behalf of the East Highland Area Neighborhood Association and residents of William St. request the removal of the “no parking” restriction from 52 William St. to the intersection of William St. and West St., the northern side of William St. (Attachments)

 

20.     Claude Dorman on behalf of the East Highland Area Neighborhood Association, residents and businesses on William St. request the removal of “20 minute parking” in front of 66 William St. (Attachments)

 

21.     Claude Dorman on behalf of the East Highland Area Neighborhood Association and residents of West St. request the removal of the “no parking” restriction on West St. from John St. to Highland St., on the eastern side of West St. (Attachments)

 

22.     Jason Koutoulas request handicap parking sign in front of 7 Shawmut St. (Attachments)

 

23.     Jonathan Finkelstein on behalf of the Jewish Community Center request to review the traffic conditions on Salisbury St. in the vicinity of the Jewish Community Center in order to improve any conditions which may be hazardous to automobiles and pedestrians approaching, entering and exiting the facility.  Specifically, to install speed monitors, other physical improvements such as pedestrian crosswalks, police enforcement of speed limits and any other recommendations which would improve the safety for drivers and pedestrians. (Attachments)

 

24.     Deborah Packard, Executive Director of Preservation Worcester, request that Cedar St. and Linden St. be more clearly signed as one way streets in the interest of public safety. (Attachments)

 

25 & 26 HEARINGS SET FOR OCTOBER 24, 2006 – 7:00 P.M.

 

25.     NSTAR for gas main in: APRICOT ST. (Attachments)

 

26.     NSTAR for gas main in: JAMES ST. (Attachments)

 

ORDERS

 

26a.   Request City Manager coordinate with the City Council’s Standing Committee on Public Works and the City Clerk in preparing a summit that would include our Federal and State legislators and regulators to deal with the problems and actions as presented by the Commissioner of Public Works & Parks in City Manager’s item #12E and that this summit be scheduled and completed no later than January 2007. – Motion-Clancy @12A CM – Adopted (Attachments)

 

26b.   Request City Manager provide additional information in chart form on the water rate impact on various classes of customers within the City of Worcester. Motion-Haller @12A CM – Adopted (Attachments)

 

26c.   Request City Manager send a copy of City Manager’s item # 12D to all the Neighborhood Associations. Motion-Haller @12D CM – Adopted (Attachments)

 

26d.   Request City Manager suggest the Commissioner of Public Works and Parks place flyers that state when leaf collection will take place at supermarkets and polling places to get the message out and to achieve greater compliance. Motion-Rosen @12D CM – Adopted (Attachments)

 

26e.   Request City Manager recommend to City Council an ordinance that will adopt some type of fine that will have meaningful consequences for leaving leaves in the streets in violation to the city ordinances. Motion-Palmieri @12D CM – Adopted (Attachments)

 

26f.    Request City Manager request City Solicitor provide a report regarding the reviews and submission of applications for rooming or lodging houses to License Commission on whether the rules are driven by state mandates or driven by City ordinances. Motion-Rushton @19A CM – Adopted (Attachments)

 

26g.   Request City Manager provide City Council with a report on the number of rooming or lodging houses besides SMOC are in the City of Worcester. Motion-Rushton @19A CM – Adopted (Attachments)

 

26h.   Request City Manager request City Solicitor provide City Council with a report that would explain how the City would be violating the Fair Housing Act if the City were to zone out rooming or lodging houses. Motion-Rushton @19A CM – Adopted (Attachments)

 

26i.    Request City Manager provide City Council with a report on the final negotiated sale price for 863 West Boylston St. and further, request that all future final sales for negotiated city properties be forwarded to City Council. Motion- Lukes @ #9A CM – Adopted (Attachments)

 

26j.    Request City Manager provide City Council with a report that includes the protocols for revolving funds and to include these protocols within the report when this type of recommendation is brought before City Council. Motion- Lukes @ #35A CM – Adopted (Attachments)

 

26k.   Request City Manager request the Commissioner of the Department of Public Works and Parks to clear the sidewalk along Frontage Rd. from Shore Dr. to West Boylston St. so that the topsoil from the embankment is scraped away and the overgrowth of trees and shrubbery is removed, allowing pedestrians to utilize the sidewalk area instead of the street for running, jogging, walking, etc… Smith–Suspension of Rules – Adopted (Attachments)

 

26l.    Request City Manager provide City Council with a report on the issues related to the Salter School and the Indian Hill neighborhood in regards to all traffic enforcements and an updated status of the school’s relocation. Smith–Suspension of Rules – Adopted (Attachments)

 

26m. Request City Manager consider establishing some sort of award recognizing exemplifying citizenship such as a City of Worcester Hall of Fame. Toomey–Suspension of Rules – Adopted (Attachments)

 

27.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O'BRIEN

CITY MANAGER

COUNCIL CALENDAR FOR OCTOBER 17, 2006

 

1.       APPOINTMENTS

NON-CITY COUNCIL CONFIRMATION

 

2.       APPOINTMENTS

CITY COUNCIL CONFIRMATION

 

3.       EXECUTIVE OFFICE OF THE CITY MANAGER

AIRPORT DIVISION

 

4.       EXECUTIVE OFFICE OF THE CITY MANAGER

CABLE SERVICES DIVISION

 

5.       EXECUTIVE OFFICE OF THE CITY MANAGER

ELECTION COMMISSION DIVISION

 

6.       EXECUTIVE OFFICE OF THE CITY MANAGER

HUMAN RESOURCES DIVISION

 

7.       EXECUTIVE OFFICE OF THE CITY MANAGER

WORKFORCE DEVELOPMENT

 

8.       OFFICE OF ECONOMIC DEVELOPMENT

ECONOMIC DEVELOPMENT DIVISION

 

A.      Informational Communication regarding the Union Station Commercial Real Estate Brokerage Services.  (Attachments) Placed on File

 

9.       OFFICE OF ECONOMIC DEVELOPMENT

NEIGHBORHOODS AND HOUSING DEVELOPMENT

 

A.      Recommend City Council Adoption of the Attached Order Relative to the Disposition of City-Owned Property Located at 863 West Boylston Street. (Attachments) Order adopted on a roll call 8-0 (Haller, Palmieri, Petty absent)

 

10.     OFFICE OF ECONOMIC DEVELOPMENT

PLANNING AND REGULATORY SERVICES DIVISION

 

11.     DEPARTMENT OF PUBLIC WORKS AND PARKS

ENGINEERING AND ARCHITECTURAL SERVICES DIVISION

 

12.     DEPARTMENT OF PUBLIC WORKS AND PARKS

OPERATIONS DIVISION

 

A.      Transmitting Informational Communication Relative to the Current and Pending Discharge Permits for the Upper Blackstone Water Pollution Abatement District (UBWPAD).  (Attachments) Referred to Public Works Committee

 

B.      Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for August 2006.  (Attachments) Referred to Public Works Committee

 

C.      Transmitting Informational Communication Relative to a Public Hearing to DiscussTraffic Improvements in the Tatnuck Square Area.  (Attachments) Referred to Traffic & Parking Committee

 

D.      Transmitting Informational Communication Relative to the 2006 Fall Leaf Collection Program.  (Attachments) Referred to Public Works Committee

 

E.      Transmitting Informational Communication Relative to the Fat, Oil and Grease (FOG) Program Status Report.  (Attachments) Referred to Public Works Committee

 

13.     DEPARTMENT OF PUBLIC WORKS AND PARKS

PARKS DIVISION

 

A.      Transmitting Informational Communication Relative to an Invitation to the Third Public Hearing for the Oakland Heights Playground Master Plan. (Attachments) Placed on File

 

14.     PUBLIC SAFETY DEPARTMENTS

COMMUNICATIONS DIVISION

 

15.     PUBLIC SAFETY DEPARTMENTS

FIRE DEPARTMENT

 

A.      Recommend City Council Accept with Gratitude a Donation in the Amount of Two Hundred Fifty Dollars And No Cents ($250.00) to the Worcester Fire Department from Red Tree Productions, Inc. (Attachments) Order adopted with gratitude

 

16.     PUBLIC SAFETY DEPARTMENTS

LICENSE COMMISSION

 

17.     PUBLIC SAFETY DEPARTMENTS

POLICE DEPARTMENT

 

A.      Transmitting Informational Communication Relative to the City Council Request for the Number of Vehicular Accidents Reported at the Intersection of Woodland and Kingsbury Streets Over a Period of the Last Five Years. (Attachments) Referred to Traffic & Parking Committee

 

B.      Transmitting Informational Communication Relative to the City Council Request for a Report Regarding Speeding and Other Ticket Violations on Lake Avenue for the Past Year.   (Attachments) Referred to Traffic & Parking Committee

 

18.     DEPARTMENT OF HEALTH AND HUMAN SERVICES

ADMINISTRATION

 

19.     DEPARTMENT OF HEALTH AND HUMAN SERVICES

CODE ENFORCEMENT DIVISION

 

A.      Transmitting Informational Communication Regarding the City Council Request Relative to the Process Used to Check on the Occupancies of Lodging Houses by Conducting Unannounced Inspections More Often than Once a Year. (Attachments) Referred to Housing & Neighborhood Revitalization Committee

 

B.      Transmitting Informational Communication Relative to the Maximum Number of People that could be Housed at each of the Properties owned by SMOC within the City regardless of what the application is for. (Attachments) Referred to Housing & Neighborhood Revitalization Committee

 

C.      Transmitting Informational Communication Relative to Illegal Dumping at 23 Esther St. (Attachments) Placed on file

 

20.     DEPARTMENT OF HEALTH AND HUMAN SERVICES

DISABILITY DIVISION

 

21.     DEPARTMENT OF HEALTH AND HUMAN SERVICES

ELDER AFFAIRS DIVISION

 

A.      Transmitting Informational Communication Relative to the Results of the Worcester Senior Center Satisfaction Survey.        (Attachments) Referred to Elder Affairs Committee

 

B.      Recommend City Council Adoption of the Attached Order to Authorize the Renewal of a Two Year Lease for Space at the Worcester Senior Center to the Alzheimer's Association.  (Attachments) Order Adopted

 

C.      Recommend City Council Adoption of a Resolution to File and Accept a Worcester Cultural Commission Grant to Support Programming at the Worcester Senior Center.  (Attachments) Resolution Adopted

 

22.     DEPARTMENT OF HEALTH AND HUMAN SERVICES

HUMAN RIGHTS DIVISION

 

23.     DEPARTMENT OF HEALTH AND HUMAN SERVICES

HUMAN SERVICES DIVISION

 

24.     DEPARTMENT OF HEALTH AND HUMAN SERVICES

PUBLIC HEALTH DIVISION

 

25.     DEPARTMENT OF HEALTH AND HUMAN SERVICES

PUBLIC LIBRARY

 

26.     DEPARTMENT OF HEALTH AND HUMAN SERVICES

VETERANS' SERVICES DIVISION

 

27.     PUBLIC SCHOOL DEPARTMENT

 

28.     LAW DEPARTMENT

LEGAL DIVISION

 

29.     DEPARTMENT OF ADMINISTRATION AND FINANCE

ASSESSING DIVISION

 

30.     DEPARTMENT OF ADMINISTRATION AND FINANCE

BUDGET OFFICE DIVISION

 

31.     DEPARTMENT OF ADMINISTRATION AND FINANCE

PURCHASING DIVISION

 

A.      Transmitting Informational Communication Relative to the Worcester Vocational High School's Minority & Women Business Participation & Worker Utilization Goals.  (Attachments) Referred to Ethnic & Minority Affairs Committee

 

32.     DEPARTMENT OF ADMINISTRATION AND FINANCE

TECHNICAL SERVICES DIVISION

 

33.     DEPARTMENT OF ADMINISTRATION AND FINANCE

TREASURY AND COLLECTIONS DIVISION

 

34.     FINANCE ITEMS

CAPITAL TRANSFERS

 

A.      Recommend that Seventy Seven Thousand Dollars And No Cents ($77,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation and be appropriated to Account # 68C702, Technical Services Building Rehabilitation for relocation of the Technical Services Department.  (Attachments) Order Adopted on a roll call 9-0 (Petty, Toomey absent)

 

B.      Recommend that One Million Six Hundred Twenty Five Thousand Dollars And No Cents ($1,625,000.00) be transferred from Loan Account #91C745, Sewer Construction, and appropriated to DPW Account #44C761, Surface Drainage to allow for the payment of current and future obligations per the cash flow procedure. (Attachments)  Order Adopted on a roll call 9-0 (Petty, Toomey absent)

 

C.      Recommend that Five Hundred Fifty Thousand Dollars And No Cents ($550,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C741, Street Resurfacing to allow for the payment of current and future street resurfacing obligations.  (Attachments) Order Adopted on a roll call 9-0 (Petty, Toomey absent)

 

D.      Recommend that  Seven Hundred Fifty Thousand  Dollars And No Cents ($750,000.00) 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 water main improvement obligations. (Attachments) Order Adopted on a roll call 9-0 (Petty, Toomey absent)

 

E.      Recommend that Twenty Two Thousand Dollars And No Cents ($22,000.00) be Transferred from Account #91C711, City Wide Building Rehabilitation, and appropriated to Account #11C702, City Messenger Rehabilitation, to pay for City Hall ADA Hardware improvements. (Attachments) Order Adopted on a roll call 9-0 (Petty, Toomey absent)

 

F.      Recommend that Two Hundred Forty Two Thousand Dollars And No Cents ($242,000.00) be Transferred from Account #91C775, DCU Center Building Rehab, and be Appropriated to Account # 75C702, Civic Center Rehabilitation to pay for the Installation of Curtains at the DCU Center. (Attachments) Order Adopted on a roll call 9-0 (Petty, Toomey absent)

 

35.     FINANCE ITEMS

OPERATIONAL TRANSFERS

 

A.      Recommend the Establishment of Special Revenue Accounts as Allowed under the State Revolving Fund Statute, Chapter 44 Sect. 53 E 1/2, to Deposit Funds for the Operation of Worcester Technical High School. (Attachments) Order Adopted on a roll call 10-0 (Petty absent)

 

B.      Recommend that the Revolving Fund Accounts for technology and Public Works be approved for use again in FY 2007 in preparation of the City of Worcester's FY 2007 recapitulation.  (Attachments) Order Adopted on a roll call 10-0 (Petty absent)

 

36.     FINANCE ITEMS

PRIOR YEAR

 

A.      Recommend that Two Thousand Six Hundred Seventy Eight Dollars And Sixty Six Cents ($2,678.66) be transferred from Account # 250-92000, Police Department Ordinary Maintenance to pay for prior year invoices from Verizon, Inc. for T-One line access to the Statewide Criminal Systems History Board.   (Attachments) Order Adopted on a roll call 10-0 (Petty absent)

 

37.     MISCELLANEOUS AGENDA TRANSMITTALS

 

A.      Transmitting Informational Communication Relative to Fiscal Year 2007 budget.  (Attachments) Held to be First Item of Business October 24, 2006

 

 

28.     RECESS TO FINANCE AND ORDINANCE:  No Items Pending

 

Tabled - No Action Taken

 

29.     Order of Mayor Timothy P. Murray - That the ordinance relative to the Police Departments License Board as it relates to taxi regulations be rescinded. (Attachments)  (Tabled May 2, 2006 - Murray)

 

30.     Order of Councilor Barbara G. Haller and Councilor Gary Rosen - Request 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. (Attachments) (Tabled August 29, 2006 – Haller)

 

31.     Order of Councilor Konstantina B. Lukes - Request City Manager to report on the cost savings, if any, of redesigning and relocating the new North High School to the new Technical High School campus. (Attachments) (Tabled September 26, 2006 – Lukes)

 

32.     Communication of Roberta R. Schaefer, Executive Director of Worcester Regional Research Bureau, transmitting Communication relative to Dial 911: Whose Call Is It, Anyway? (Attachments) (Tabled October 10, 2006 – Murray)

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

OCTOBER 16, 2006

   6:00 P.M.

 

COMMERCE & DEVELOPMENT

 

COUNCIL CHAMBER

OCTOBER 18, 2006

    5:30 P.M.

 

REGIONAL AFFAIRS

 

COUNCIL CHAMBER

OCTOBER 23, 2006

   7:00 P.M.

 

PUBLIC SERVICE & TRANSPORTATION

COUNCIL CHAMBER

OCTOBER 24, 2006

   5:30 P.M.

 

LAND USE

 

COUNCIL CHAMBER

OCTOBER 26, 2006

   5:30 P.M.

 

TRAFFIC & PARKING

COUNCIL CHAMBER

OCTOBER 30,2006

   6:00 P.M.

 

YOUTH, PARKS & RECREATION

 

COUNCIL CHAMBER

NOVEMBER 1, 2006

   6:00 P.M.

 

AD HOC COMMITTEE ON THE MILL STREET BUSINESS CORRIDOR

 

COUNCIL CHAMBER

NOVEMBER 14, 2006

   6:00 P.M.

MILITARY AFFAIRS

COUNCIL CHAMBER