CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 31, 2006

Council Chamber

Convened: 7:03 P.M.

Adjourned: 9:26 P.M.


Mayor
Timothy P. Murray

 

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Paul P. Clancy Jr.Barbara G. Haller
Konstantina B. Lukes 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 except Councilor Rushton who arrived at 7:07 p.m.

4.

ITEMS OF CITIZEN INTEREST

5.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

6.

PETITIONS

6a.

Bernard and Susan Murray et al request repair of sidewalk in front of 83 May St.

Attachments

Referred to Public Works Committee

 

6b.

Gayle Owen et al request sidewalk repair in front of 87 May St.

Attachments

Referred to Public Works Committee

 

6c.

Daniel Gallagher request repair of retaining wall for a stream that abuts 10 Crane St.

Attachments

Referred to Public Works Committee

 

6d.

Daniel Gallagher request a drainage system to prevent the water runoff from Guisto St. from flooding the front of 10 Crane St.

Attachments

Referred to Public Works Committee

 

6e.

Cynthia Morales request to repair/replace sidewalk in front of 5 South Buffum St.

Attachments

Referred to Public Works Committee

 

6f.

Maria Rivera request to repair/replace sidewalk in front of 222 Dewey St.

Attachments

Referred to Public Works Committee

 

6g.

Jean Lemenager request private street maintenance in Esper Ave.

Attachments

Referred to Public Works Committee

 

6h.

June Carelli et al request Adams St. become a “one way” street.

Attachments

Referred to Traffic and Parking Committee

 

6i.

Karen Duffy, President/CEO of Worcester Credit Union, request 15-minute parking meters on Main St. in the vicinity of the branch located at 315 Main St.

Attachments

Referred to Traffic and Parking Committee

 

6j.

Sgt. Pedro Velazquez of the UMass Memorial Police Department request three stop signs be placed at the corner of Channing St. and Kendall St.

Attachments

Referred to Traffic and Parking Committee

 

6k.

Janice Weekes on behalf of Christ Tabernacle Apostolic Church request to rescind existing handicap parking space in front of 1189 Main St. and install in its place two handicap parking spaces west of existing passenger zone for safety reasons and better visibility at the existing pedestrian crosswalk.

Attachments

Referred to Traffic and Parking Committee

 

6l.

CHARTER COMMUNICATIONS for conduit location in: GREEN HILL PARKWAY

Attachments

Hearing Set for November 14, 2006 - 7:00 P.M.

 

6m.

CHARTER COMMUNICATIONS for conduit location in: WARD ST.

Attachments

Hearing Set for November 14, 2006 - 7:00 P.M.

 

7.

COMMUNICATIONS OF THE CITY MANAGER

 

7.1

APPOINTMENTS
Non-City Council Confirmation
A.

Notification of Appointment of Elaine Wrubel as Chairperson of the Elder Affairs Commission, Appointment of Elizabeth White as Chairperson of the Senior Center Committee, Appointment of John Goldsberry and Nicholas Kaltsas to the Senior Center Committee, and Reappointment of Steven Smajkiewicz to the Elder Affairs Commission.

Attachments

Placed on file

 
 

7.2

APPOINTMENTS
City Council Confirmation
A.

Notification of Appointment of Brendan Kach and Michael Manzello to the Citizen Advisory Committee.

Attachments

Appointment confirmed on a roll call of vote of 10 Yeas and 0 Nays ( Rushton absent)

 
 

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.

Respectfully Request City Council's Review, Consideration and Approval of Amendments to the Salary Ordinance for the Positions of Clerk of the Works-City Square, Payroll Clerk-DPW, Snow /Ice Operations Assistant (Temporary)-Airport.

Attachments

Voted to advertise proposed ordinance on a roll call on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 
 

7.7

EXECUTIVE OFFICE OF THE CITY MANAGER
Workforce Development
 

7.8

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
A.

Informational Communication regarding the CitySquare General Development Agreement.

Attachments

Referred to Commerce and Development Committee

 
B.

Transmitting Informational Communication Relative to the Submittal of a Certified Project Application for EJR Realty Trust, Harr Motor Company, Inc. and Harr Toyota, Inc. and the Designation of a New Site Specific Economic Opportunity Area for the Site Location of 33 Millbrook Street and 100, 110, and 112 Gold Star Boulevard.

Attachments

Referred to Commerce and Development Committee

 
C.

Informational Communication Regarding the Announcement that the Economic Development Division, the Planning and Regulatory Services Division, and the Neighborhoods and Housing Development Division will be moving to 44 Front Street effective October 30th.

Attachments

Referred to Commerce and Development Committee

 
 

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 Sidewalk Rehabilitation Program for Fiscal Year 2006.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Status of the Abandoned Vehicle Program and the Abandoned Shopping Cart Program.

Attachments

Placed on file

 
C.

Respectfully Request City Council's Review, Deliberation and Adoption of a Revised Order of Taking Associated with the Gateway Park Project.

Attachments

Tabled Under Privilege - Perotto

 
D.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of September 2006.

Attachments

Placed on file

 
E.

Transmitting Informational Communication Relative to the City Council Request to Provide a Detailed Service Report of the Customer Service Operations that Would Include How Many Calls were Answered Per Seconds and How Many Issues Were Resolved to the Satisfaction to the Caller.

Attachments

Referred to Public Works Committee

 
F.

SUPPLEMENTAL: Informational Communication Relative to 2006 Fall Leaf Collection Program.

Attachments

Placed on file

 
 

7.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Relative to the Second Public Meeting to Discuss the Master Plan for Indian Hill Park.

Attachments

Placed on file

 
B.

SUPPLEMENTAL: Transmitting Informational Communication Relative to a DCS Grant for Urban Self Help and Self Help Programs.

Attachments

Referred to Youth, Parks and Recreation Committee

 
 

7.14

PUBLIC SAFETY DEPARTMENTS
Communications Division
 

7.15

PUBLIC SAFETY DEPARTMENTS
Fire Department
 

7.16

PUBLIC SAFETY DEPARTMENTS
License Commission
 

7.17

PUBLIC SAFETY DEPARTMENTS
Police Department
A.

Respectfully Request City Council's Review, Deliberation and Adoption of a Resolution to File and Accept a FY'07 Underage Alcohol Enforcement Grant.

Attachments

Resolution adopted

 
B.

Transmitting Informational Communication Relative to Options for Controlling Noise that Negatively Impacts the Quality of Life in our Residential Neighborhoods.

Attachments

Referred to Public Safety Committee

 
C.

Transmitting Informational Communication Relative to the Number and Locations of Noise Ordinance Enforcement Actions Taken by the Worcester Police Department.

Attachments

Referred to Public Safety Committee

 
D.

Transmitting Informational Communication Relative to the City Council request on the Safety of the playgrounds at Banis Field and Vernon Hill Park.

Attachments

Referred to Youth, Parks and Recreation Committee and Traffic and Parking Committee

 
 

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 the Properties Located at 14 Duxbury Road and 26-28 Dayton Street.

Attachments

Referred to Housing and Neighborhood Revitalization Committee

 
B.

Transmitting Informational Communication Relative to the Implementation of a Notification Process between the Code Department and the City Assessors Office when the Use of a Property Might Need to be Reclassified.

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
 

7.22

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Rights Division
 

7.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Services Division
 

7.24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Division
A.

Transmitting Informational Communication Relative to the Availability of Flu Shots and Information Regarding the Upcoming Flu Season.

Attachments

Referred to Health Committee

 
 

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
A.

Respectfully Request Adoption of an Order to Allow the City Manager to Accept Subdivision Easements.

Attachments

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

 
 

7.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
A.

Transmitting Informational Communication Relative to the Fiscal 2007 Tax Classification Hearing.

Attachments

Placed on file

 
 

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
A.

Transmitting Informational Communication Relative to the Completion of the New Automated Agenda System.

Attachments

Placed on file

 
 

7.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

7.34

FINANCE ITEMS
Capital Transfers
A.

Recommend that Four Thousand Two Hundred Ninety Seven Dollars ($4,297.00) be transferred from Account # 91C780, Citywide Capital Equipment, and be appropriated to Account # 67C701, Assessing Capital Equipment, to pay for the MAGIC software conversion to Superbase programming in the Assessing valuation system.

Attachments

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

 
B.

Recommend that Twenty Seven Thousand Seven Hundred Fifty Dollars and No Cents ($27,750.00) be transferred from Account # 91C711, Citywide Building Rehabilitation, and be appropriated to Account #04C719, Planning & Community Development, for the Environmental Testing and Cleanup of the Former City Hospital.

Attachments

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

 
 

7.35

FINANCE ITEMS
Operational Transfers
A.

Recommend that Sixty One Thousand Dollars And No Cents ($61,000.00) be transferred from the Damage Settlement - Reserve Revenue Account #330-07, and be appropriated to DPW Account #410203, Signal Maintenance O.M. to allow for the purchase of this much needed traffic signal equipment to replenish our inventory.

Attachments

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

 
B.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Account # 900-91000, City Manager's Contingency, and appropriated to Account # 121-92000, Court Judgments, for the purpose of settling the court case of Evangelista vs. City of Worcester et al., United States District Court No. 05CV10311-MLW.

Attachments

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

 
C.

Recommend that Four Hundred Sixty Eight Thousand Six Hundred Fifty Three Dollars And Thirty Seven Cents ($468,653.37) be transferred from various Off-Street Parking Reserve Accounts and be appropriated to various Off-Street Parking O.M. Accounts to provide sufficient funding for the Off-Street Parking Program for the Second Quarter of Fiscal Year 2007.

Attachments

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

 
 

7.36

FINANCE ITEMS
Prior Year
 

7.37

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication regarding the Bond Ratings from Moody's Investor Services, Standard & Poor's, and Fitch Ratings

Attachments

Referred to Municipal Operations Committee

 
B.

Transmitting Informational Communication Relative to a Massachusetts Technology Collaborative Donation from Clark University to the City of Worcester.

Attachments

Placed on file

 
 

7.38

SUPPLEMENTAL ITEMS
8.

RECESS TO FINANCE COMMITTEE - No items pending

9.

COMMUNICATION

9a.

Roberta Schaefer, Executive Director of the Worcester Regional Research Bureau transmitting communication relative to Benchmarking Municipal and Neighborhood Services in Worcester: 2006.

Attachments

Referred to Housing and Neighborhood Revitalization Committee

 

10.

TABLED UNDER PRIVILEGE

10a.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager recommend City Council adoption of a Proposed Amendment to the Gateway Park Master Plan as Proposed by Gateway Park LLC.: recommend adoption of the accompanying Resolution. (Tabled - Palmieri October 24, 2006)

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays Reconsideration denied on a roll call vote of 10 Nays and 0 Nays (Palmieri absent)

 

11.

TABLED ITEMS

11a.

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

 

11b.

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

 

11c.

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. (Tabled - Lukes September 26, 2006)

Attachments

No action taken

 

11d.

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

Attachments

No action taken

 

12.

SUSPENSION OF RULES ITEMS

12a.

Motion-Lukes @ #6a CC - Request City Manager provide the City Council with a report regarding any claims resulting from a defective sidewalk in the vicinity of 83 and 85 May St. Further, request City Manager include pothole complaints in same vicinity.

Attachments

Order adopted

 

12b.

Motion-Clancy @ #6A CM Request City Manager provide the City Council with report which clarifies the timeline for CitySquare Project start date, DIF payments and hiring of Clerk of the Works.

Attachments

Order adopted

 

12c.

Motion-Palmieri @ #13B CM - Request City Manager provide the City Council with report pertaining to the funding-level and timelines for other Division of Conservation Services grants for Urban Self Help and Self Help programs.

Attachments

Order adopted

 

12d.

Motion-Toomey @ #17A CM - Request City Manager launch an informational campaign relative to underage drinking in the community.

Attachments

Order adopted

 

12e.

Motion-Petty @ #17B CM - Request City Manager request the Police Chief provide the City Council with a report relative to the number of noise ordinance violation tickets issued this year.

Motion Clancy to amend: Request report include number of noise ordinance violation tickets issued last year.

Attachments

Order adopted, as amended

 

12f.

Motion-Haller @ #17B CM - Request City Manager provide Neighborhood Associations with copies of Report Items 17B and 17C from the October 31, 2006 agenda relative to options for controlling noise that negatively impacts the quality of life in our residential neighborhoods and the number and locations of the noise ordinance enforcement actions taken by the Worcester Police Department.

Attachments

Order adopted

 

12g.

Motion-Perotto @ #17D CM - Request City Manager provide the City Council with a report detailing the legal ramifications of implementing video surveillance in the City's parks.

Attachments

Order adopted

 

12h.

Motion-Lukes @ #17D CM - Request City Manager implement a video surveillance pilot program at one the the City's parks and post the pilot surveillance on the City's website.

Attachments

Order adopted

 

12i.

Motion-Haller @ #17D CM - Request City Manager provide the City Council with a report pertaining to any grants and/or other fiscal resources available to adequately maintain the City's parks.

Attachments

Order adopted

 

12j.

Motion-Palmieri @ #17D CM - Request City Manager request the Commissioner of Public Works and Parks contact Mass Highway regarding funding for infrastructure for cameras on the lighting system redesigns.

Attachments

Order adopted

 

12k.

Motion-Haller @ # 19A CM - Request City Manager provide the City Council with a report pertaining to whether a public hearing process is required when a lodging house increases its occupancy.

Attachments

Order adopted

 

12l.

Motion-Clancy @ #28A CM - Request City Manger notify the City Council when the City Manager issues easements to subdivisions.

Attachments

Order adopted

 

12m.

Motion Rosen- Suspension of Rules - Request City Manager provide the City Council with a report relative to problems at 44 Wamsutta Ave. resulting from an overflow of rain, silt etc., from a housing development construction project behind this address.

Attachments

Order adopted

 

12n.

Motion Perotto, Lukes, Haller, Petty, Rosen-Suspension of Rules - Request City Manager communicate with the State Delegation to consider amending the Dover Amendment to be more specific on the educational program component within the Amendment.

Attachments

Order adopted

 

12o.

Motion Haller - Suspension of Rules - Request City Manager request the Commissioner of Public Works and Parks place Dead End street sign at Tainter St. and Hammond St. in the interest of public safety and traffic flow.

Attachments

Order adopted

 

12p.

Motion Haller - Suspension of Rules - Request City Manager provide the City Council with a report pertaining to the success and challenges of the AutoMark Voting System which will be used for the November 7, 2006 election.

Attachments

Order adopted

 

12q.

Motion Rushton - Suspension of Rules - Request City Manager contact downtown property owners and request that they consider maintaining their exterior lighting fixtures.

Attachments

Order adopted

 

12r.

Motion Toomey - Suspension of Rules - Request City Manager request the Police Chief provide public service announcements relative to Halloween guidelines and safety tips.

Attachments

Order adopted

 

12s.

Motion Palmieri - Suspension of Rules - Request City Manager request the Commissioner of Public Works and Parks install a handicap ramp at the corner of Mulberry St. and Shrewsbury St.

Attachments

Order adopted

 

12t.

Motion Palmieri - Suspension of Rules - Request City Manager request the Commissioner of Public Works and Parks repair the signage at the Barnyard Zoo at Green Hill Park.

Attachments

Order adopted

 

12u.

Petition of Councilor Barbara G. Haller request sidewalk repairs on Dewey St. in front of Living Earth.

Attachments

Referred to Public Works Committee

 

12v.

Petition of Councilor Barbara G. Haller request sidewalk repairs on the odd numbered side of Dewey St. close to #69-71.

Attachments

Referred to Public Works Committee

 

12w.

Petition of Councilor Barbara G. Haller request sidewalk repirs in front of 35-39 Winfield St.

Attachments

Referred to Public Works Committee