CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 22, 2008

Council Chamber

Convened: 7:03 P.M.

Adjourned: 7:50 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. William J. Eddy
Michael J. Germain Barbara G. Haller
Philip P. Palmieri 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 Irvin Brown, All Saints Episcopal Church

2.

PLEDGE OF ALLEGIANCE

3.

STAR SPANGLED BANNER - ALEXANDRA MILLS

4.

ROLL CALL - All present and the Mayor in the Chair

5.

ITEMS OF CITIZEN INTEREST

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Councilor Michael J. Germain on behalf of Christopher Tower request Southbridge St. between Riverside St. and College St. be repaved.

Attachments

Referred to Public Works Committee

 

7b.

Dr. Abraham Haddad request to install one handicapped parking space in front of the entrance to 250 Commercial St.

Attachments

Referred to Traffic and Parking Committee

 

7c.

Anne Carroll request installation of one handicap parking space in front of 17 Shamrock St.

Attachments

Referred to Traffic and Parking Committee

 

7d.

Joanne Graves on behalf of Josephine DeBonis request to install "No Parking" signs in front of the four (4) garages at 88 Mulberry St.

Attachments

Referred to Traffic and Parking Committee

 

7e.

Minerva Hernandez request Handicap parking space in front of 106 Southgate St.

Attachments

Referred to Traffic and Parking Committee

 

7f.

Kristaq Tiko request handicap parking space in front of 68 Merrick St.

Attachments

Referred to Traffic and Parking Committee

 

7g.

Councilor Michael J. Germain request the installation of three (3) Stop Signs at the intersection of Beaver St., Florence St. and Oliver St.; facing Oliver St. traffic at Beaver St., facing Florence St. traffic at Beaver St. and facing Beaver St. traffic at Florence St. and Oliver St.

Attachments

Referred to Traffic and Parking Committee

 

7h.

Councilor Michael J. Germain request the intersection of Oliver St. and Woodbine St. become a 4-Way Stop Sign intersection due to through traffic.

Attachments

Referred to Traffic and Parking Committee

 

7i.

Jo Hart request City Council to vote to earmark the full lottery refund (in the estimated amount of $19 million), if and when it becomes available to Worcester, to fully fund pedestrian rights now in arrears, past, present and future, as follows: a) to fund the Worcester Regional Transit Authority out of its fiscal hole (deficit and annual operating budget shortfall), and b) to fund a totally new plan for snow removal so that the City removes snow from sidewalks, bus stops and street corners at the same rate that it is removed from public ways for the motoring public.

Attachments

Mayor Lukes suspended the rules to allow the Petitioner to speak Referred to City Manager

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to a Constable Appointment for the Calendar Year January through December 2008.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Notification of Appointment of Joseph J. McGowan, Jr. to the Elections Commission.

Attachments

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

 
 

8.3

EXECUTIVE OFFICE OF THE CITY MANAGER
Airport Division
 

8.4

EXECUTIVE OFFICE OF THE CITY MANAGER
Cable Services Division
 

8.5

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

8.6

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Resources Division
 

8.7

EXECUTIVE OFFICE OF THE CITY MANAGER
Workforce Development
 

8.8

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
 

8.9

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
A.

Transmitting Informational Communication Relative to the 2007 Worcester Earned Income Tax Credit (EITC) Campaign.

Attachments

Placed on file

 
 

8.10

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
 

8.11

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
A.

Transmitting Informational Communication Relative to the Status of the North High School Construction Project.

Attachments

Referred to Education Committee

 
 

8.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to the Keep Worcester Clean Report for the Month of October 2007.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to the Transfer of Undeveloped Land off Pioneer Road and on Guilford Street.

Attachments

Referred to Economic Development Committee

 
C.

Recommend City Council Review, Deliberation and Adoption of an Amendment to the Parking Ordinance for Millbury Street.

Attachments

Referred to Traffic and Parking Committee

 
D.

Recommend City Council Review, Deliberation and Adoption of an Amendment of an Ordinance Restricting Certain Commercial Vehicles from using Mulberry Street.

Attachments

Referred to Traffic and Parking Committee

 
E.

Transmitting Informational Communication Relative to the Status of the FOG Program.

Attachments

Referred to Public Works Committee

 
F.

Recommend City Council's Review, Deliberation and Adoption of New Parking Ordinances Relative to Zipcars.

Attachments

Voted to advertise proposed three (3) ordinances on a roll call vote of 11 Yeas and 0 Nays

 
 

8.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Relative to the Green Hill Municipal Golf Course.

Attachments

Referred to Youth, Parks and Recreation Committee

 
 

8.14

PUBLIC SAFETY DEPARTMENTS
Communications Division
 

8.15

PUBLIC SAFETY DEPARTMENTS
Fire Department
 

8.16

PUBLIC SAFETY DEPARTMENTS
License Commission
 

8.17

PUBLIC SAFETY DEPARTMENTS
Police Department
A.

Transmitting Informational Communication Relative to an Enhanced Community Policing Program.

Attachments

Referred to Public Safety Committee

 
B.

Recommend City Council Review, Deliberation and Adoption of a Resolution to File and Accept an Edward J. Byrne Grant through the Massachusetts Executive Office of Public Safety.

Attachments

Resolution adopted

 
 

8.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
 

8.19

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Code Enforcement Division
 

8.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Disability Division
 

8.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Elder Affairs Division
 

8.22

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Rights Division
 

8.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Services Division
 

8.24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Division
 

8.25

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
A.

Recommend that City Council Accept with Gratitude a Bequest from the Estate of Christie F. Koskinas to the Worcester Public Library.

Attachments

Order adopted with gratitude

 
B.

Recommend City Council Review, Deliberation and Approval to Amend the Table of Organization for the Worcester Public Library by Adding the Position of Librarian Grade 2 and Deleting the Position of Librarian Grade 1.

Attachments

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

 
 

8.26

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
 

8.27

PUBLIC SCHOOL DEPARTMENT
A.

Request City Council's Consideration, Deliberation and Adoption of the Attached Order to Accept with Gratitude a Donation of One Hundred Twenty Five Thousand Dollars And No Cents ($125,000.00) from the Worcester Education Development Fund (WEDF) to pay down the Taxable BANS issued for the Renovation of the Foley Stadium.

Attachments

Order adopted with gratitude

 
 

8.28

LAW DEPARTMENT
Legal Division
 

8.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

8.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

8.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

8.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

8.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

8.34

FINANCE ITEMS
Capital Transfers
A.

Recommend that One Hundred Forty Two Thousand Sixty Four Dollars And No Cents ($142,064.00) be transferred from Account # 91C711, Citywide Building Rehabilitation, and be appropriated to Account # 25C702, Police Building Rehabilitation, to fund repairs made to the gas-fired preheater, water heater and plumbing, as approved in the Fiscal Year 2006 Capital Improvement Program.

Attachments

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

 
B.

Recommend that Seven Thousand Six Hundred Fifty Nine Dollars And No Cents ($7,659.00) be transferred from Account # 91C711, Citywide Building Rehabilitation, and be appropriated to Account # 55C700, Worcester Public Library Rehabilitation, to pay for window replacements.

Attachments

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

 
C.

Recommend that One Hundred Thirty Five Thousand Nine Hundred Ninety Two Dollars And No Cents ($135,992.00) be transferred from Loan Account # 91C734, Sewer Capital Equipment, and be appropriated, when and as received, to Account # 44C704, Sewer Capital Equipment, to allow for the purchase and future payment of a front end loader, as 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 Seventeen Thousand Seven Hundred Ninety Eight Dollars And Twenty Five Cents ($17,798.25) be transferred from Loan Account #91C731, Water Capital Equipment, and be appropriated, when and as received, to Account # 45C703, Water Capital Equipment, to allow for the purchase and future payment of filtration equipment, as approved in the Fiscal Year 2008 Capital Improvement Program.

Attachments

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

 
E.

Recommend that One Hundred Forty Four Thousand Seven Hundred Forty Eight Dollars And No Cents ($144,748.00) be transferred from Loan 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 Front End Loader, as approved in the Fiscal Year 2008 Capital Improvement Program.

Attachments

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

 
 

8.35

FINANCE ITEMS
Operational Transfers
A.

Recommend that One Thousand Five Hundred Dollars And No Cents ($1,500.00) be transferred from Account # 330-07, Damage Settlement, and be appropriated to Account # 2602-92201, Fire Department Ordinary Maintenance, to provide funds for the repair of a Fire Prevention vehicle.

Attachments

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

 
B.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Account #330-09, Real Estate Sales, and be appropriated to Account #043-92000, Economic Development Ordinary Maintenance, to provide for funds for Real Estate appraisals of parcels surrounding Washington Square.

Attachments

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

 
C.

Recommend that Sixty Nine Thousand Two Hundred Three Dollars And No Cents ($69,203.00) be transferred from Account # 330-09, Reserve for Appropriation Real Estate Sales, and be appropriated to Account # 660-92000, Treasury Ordinary Maintenance, to pay professional services rendered for the transfer of ownership of the Major Taylor Boulevard Garage from the Worcester Redevelopment Authority to the City's Off Street Parking Board.

Attachments

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

 
D.

Recommend that Two Hundred Eighty Six Thousand One Hundred Forty Three Dollars And No Cents ($286,143.00) be transferred from Pearl Elm and Federal Plaza Reserve Accounts and be appropriated to Pearl Elm and Federal Plaza Ordinary Maintenance Accounts as per the attached request to provide sufficient funding for the Off-Street Parking Program (Garages) for the Third Quarter of Fiscal Year 2008.

Attachments

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

 
E.

Recommend City Council Approval to Establish a Revolving Account with a limit of Fifty One Thousand Dollars and No Cents ($51,500) for Tuition Revenue received from the Department of Education, for students attending Worcester Public Schools from other communities for Fiscal Year 2008.

Attachments

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

 
 

8.36

FINANCE ITEMS
Prior Year
 

8.37

FINANCE
Loan Orders
 

8.38

MISCELLANEOUS AGENDA TRANSMITTALS
9.

TO BE ORDAINED

9a.

Amend Chapter 8 of the Revised Ordinances of 1996 relative to Parking and Storage of Recreational and Commercial Vehicles.

Attachments

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

 

9b.

Amend Section 4 of Article IV of the Worcester Zoning Ordinance adopted April 2, 1991 relative to the Table of Permitted Dimensions by Districts.

Attachments

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

 

9c.

Amend Section 6 of Article IV of the Worcester Zoning Ordinance adopted April 2, 1991 relative to Illuminated/Motion Signs.

Attachments

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

 

9d.

Amend Section 5 of Article XV of the Worcester Zoning Ordinance adopted April 2, 1991 relative to Adaptive Overlay Districts.

Attachments

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

 

9e.

Amend Section 2, Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a Zone Change in the Suffolk Street Area

Attachments

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

 

9f.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 27 Sever St.

Attachments

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

 

9g.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 42 Gage St.

Attachments

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

 

9h.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 114-A Paine St.

Attachments

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

 

9i.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 20 Sigel St.

Attachments

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

 

9j.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 34 St. Elmo Rd.

Attachments

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

 

9k.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 3 Haven Ln.

Attachments

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

 

9l.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 45 Fox St.

Attachments

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

 

9m.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking on Buffum St. for 21 Coes St.

Attachments

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

 

9n.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 16 Dayton St.

Attachments

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

 

9o.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 92 Ward St.

Attachments

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

 

9p.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking on the Waite St. side of 2 Wilson St.

Attachments

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

 

9q.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 12 Wabash Ave.

Attachments

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

 

9r.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking opposite 40 Grammont Rd.

Attachments

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

 

9s.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Two Hour Parking 8:00 a.m. to 8:00 p.m. on both sides of Sever St. between William St. and Highland St.

Attachments

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

 

10.

TABLED ITEMS

10a.

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

 

10b.

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

 

10c.

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

Attachments

No action taken

 

10d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Daniel Leland request installation of a mirror at the end of Rosamond St. so that he will be able to see vehicles coming around corner: recommend Petition be denied. (Tabled - Clancy January 8, 2008)

Attachments

No action taken

 

11.

SUSPENSION OF RULES

11a.

Motion Clancy @8.12E CM - Request City Manager provide City Council with the names of businesses who are not currently in compliance with the FOG ordinance and those businesses who are not in compliance because they have applied for and extension but have let the extension lapsed. Motion Haller to amend: Further, request City Manager provide the names of businesses who have complied with the FOG ordinance.

Attachments

Order adopted as amended

 

11b.

Motion Palmieri @8.12E CM - Request City Manager provide City Council with the names of each location not in compliance with the FOG ordinance, the deficiencies at each location and from this information extrapolate some idea of the complexity of the costs at these locations.

Attachments

Order adopted

 

11c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey on behalf of the MCPHS request two parking spots, at least one on Foster St., to be designated as permanent zip car parking spots with appropriate signage as approved by the Department of Public Works: recommend passage of the accompanying proposed two Ordinances for two parking spaces designated for Zip Cars: one in front of 19 Foster St. and the other in Norwich St. in the vicinity of MCPHS

Attachments

Placed on file - see item #8.12F CM