CITY OF WORCESTER | JOURNAL OF THE CITY COUNCIL | Tuesday, January 22, 2008 | Council Chamber | Convened: 7:03 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 | |
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 | |
| | | | | | | | | 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 | |
| | | | | 8.38 | MISCELLANEOUS AGENDA TRANSMITTALS | |
| | | | | | | | | 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 | | | | | |
| | | | | | | | | 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 | | | | | |
| | | | | | | | | 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 | | | | | |
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