CITY OF WORCESTER | AGENDA OF THE CITY COUNCIL | Tuesday, March 13, 2018 | Esther Howland Chamber | 6:30 P.M. |
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Mayor Joseph M. Petty | www.worcesterma.gov | City Manager Edward M. Augustus, Jr.
City Auditor Robert V. Stearns | Councilors | Morris A. Bergman | Khrystian E. King | Konstantina B. Lukes | Candy Mero-Carlson | Sarai Rivera | Sean M. Rose | City Clerk Susan M. Ledoux | Gary Rosen | George J. Russell | Kathleen M. Toomey | Matthew E. Wally |
| MEETING CANCELLED DUE TO WEATHER - ALL ITEMS REFERRED TO THE MARCH 20, 2018 AGENDA | City Hall - 455 Main Street Worcester, Massachusetts | |
1. | INVOCATION - Father Richard Polek, Our Lady of Czestochowa | |
2. | PLEDGE OF ALLEGIANCE & STAR SPANGLED BANNER | |
4. | PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE | |
5. | APPROVAL OF THE MINUTES | |
| | | | | | 5a Adopt | | | 5a. | Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of February 27, 2018. | Attachments |
6. | PUBLIC PARTICIPATION - a person may speak for no more than two (2) minutes on any items appearing on the agenda | |
7. | HEARINGS & ORDERS - 6:30 P.M. | |
| | | | | | 7a - 7d Hold Hearings & Adopt | | | 7a. | Hearing: NATIONAL GRID for a conduit location at: FENWICK ST. and VASSAR ST.
Granting permission to NATIONAL GRID for a conduit location at: FENWICK ST. and VASSAR ST. | Attachments |
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| | | 7b. | Hearing: NATIONAL GRID for conduit and manhole locations at: FLORENCE ST.
Granting permission to NATIONAL GRID for conduit and manhole locations at: FLORENCE ST. | Attachments |
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| | | 7c. | Hearing: NATIONAL GRID for a conduit location at: BEECHING ST. and FLAGG ST.
Granting permission to NATIONAL GRID for a conduit location at: BEECHING ST. and FLAGG ST. | Attachments |
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| | | 7d. | Hearing: NATIONAL GRID for conduit and manhole location at: HARRINGTON WAY
Granting permission to NATIONAL GRID for conduit and manhole location at: HARRINGTON WAY | Attachments |
8. | FIRST ITEM OF BUSINESS - BIANNUAL ECONOMIC DEVELOPMENT UPDATE | |
9. | PETITIONS - a Petitioner may speak up to three (3) minutes the first time their petition appears on an agenda | |
| | | | | | 9a Refer to Public Service & Transportation Committee | | | 9a. | Eric Ward request installation of new street lights in the vicinity of 270-276 Wildwood Ave. | Attachments |
| | | | | | 9b & 9c Refer to Public Works Committee | | | 9b. | Councilor Matthew E. Wally request the sidewalk in front of Foley Stadium between Coolidge Rd. and Abbott St. be made wheelchair accessible, as it is currently not due to the location of metal poles in the sidewalk. | Attachments |
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| | | 9c. | Keith Mooradian request the City create an exemption in the sidewalk snow removal policy to allow for the responsibility of snow removal for the sidewalks on Grove St. across from Indian Lake that abuts 16 Waycross St. to be taken over by the City or the State | Attachments |
| | | | | | 9d Refer to Rules & Legislative Affairs Committee | | | 9d. | Jo Hart request an immediate public forum to discuss creating a public-forum form of government where the City Council and the City Manager strive to respond sensibly to a common-sense request of a public petitioner and strive to answer it, respond to it, or ask questions about it, and not send it to a committee. | Attachments |
| | | | | | 9e - 9h Refer to Traffic & Parking Committee | | | 9e. | Bouleng Seneth request installation of handicap parking space in front of 33 Standish St. | Attachments |
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| | | 9f. | Gloria Ortega request installation of handicap parking space in front of 15 South Buffum St. | Attachments |
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| | | 9g. | Elizabeth Vargas request installation of a second handicap parking space in front of 7A Clarkson St. | Attachments |
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| | | 9h. | James Bisceglia request installation of "No Parking Anytime" signage across from the driveway at 54 Honeysuckle Rd. | Attachments |
| | | | | | 9i - 9n Set hearings for March 20, 2018 at 6:30 PM | | | 9i. | TC SYSTEMS INC. for a conduit location at: COUNTRY CLUB BLVD. | Attachments |
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| | | 9j. | LIGHTOWER FIBER NETWORK LLC for conduit location at: PARK AVE. | Attachments |
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| | | 9k. | CHARTER COMMUNICATIONS for a conduit location at: LAGRANGE ST. | Attachments |
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| | | 9l. | CHARTER COMMUNICATIONS for a conduit location at: DORCHESTER ST. AND HOUGHTON ST. | Attachments |
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| | | 9m. | CHARTER COMMUNICATIONS for a conduit location at: UPSALA ST. | Attachments |
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| | | 9n. | CHARTER COMMUNICATIONS for a conduit location at: HARDING ST. | Attachments |
10. | COMMUNICATIONS OF THE CITY MANAGER | |
| | | | | 10.1 | APPOINTMENTS
Non-City Council Confirmation | |
| | | | | 10.2 | APPOINTMENTS
City Council Confirmation | |
| | | | | 10.3 | DEPARTMENT OF HUMAN RESOURCES | |
| | | | | 10.4 | EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
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| | | | | | | | Advertise Proposed Ordinance | | | | A. | Recommend adoption of an Ordinance concerning the compensation of the Cultural Development Officer. | Attachments |
| | | | | | | | Refer to Standing Committee on Economic Development | | | | B. | Transmitting informational communication relative to the Economic Development Report. | Attachments |
| | | | | 10.5 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division | |
| | | | | 10.6 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
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| | | | | | | | Votes Required | | | | A. | Recommend adoption of Orders relative to the acquisition of 49.87 acres of Conservation Restriction for conservation and watershed preservation purposes in Holden, MA.Refer to CCM Item 10.31G | Attachments |
| | | | | 10.7 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
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| | | | | 10.8 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
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| | | | | | | | Informational Communication | | | | A. | Transmitting informational communication relative to crime statistics for the calendar year 2017. | Attachments |
| | | | | 10.11 | DEPARTMENT OF EMERGENCY COMMUNICATIONS | |
| | | | | | | | Informational Communication | | | | A. | Transmitting informational communication relative to a legal opinion on whether Council can use election district lines to limit the number of marijuana retailers to no more than three in any district. | Attachments |
| | | | | 10.14 | DEPARTMENT OF INSPECTIONAL SERVICES
Administration | |
| | | | | 10.15 | DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
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| | | | | 10.16 | DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
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| | | | | 10.17 | DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Public Health | |
| | | | | | | | Informational Communication | | | | A. | Transmitting informational communication relative to the 2018 Greater Worcester Community Health Assessment (CHA) Process and Survey Participation. | Attachments |
| | | | | | | | Informational Communication | | | | B. | Transmitting informational communication relative to request City Manager report to City Council regarding the process/steps needed to implement the banning of flavored tobacco products. | Attachments |
| | | | | | | | Refer to Standing Committee on Public Health and Human Services | | | | C. | Transmitting informational communication relative to funding that would specifically combat opioid usage within the City’s youth community. | Attachments |
| | | | | 10.18 | DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Elder Affairs | |
| | | | | | | | Informational Communication | | | | A. | Transmitting informational communication relative to the next steps to improve the Senior Center that includes the different ways it can be developed such as creating senior housing. Further, request the City Manager report to Council as to how the services at the Senior Center can be expanded. | Attachments |
| | | | | 10.19 | DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Human Rights and Disabilities | |
| | | | | 10.20 | DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Veterans Services | |
| | | | | 10.21 | DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Youth Services | |
| | | | | 10.22 | WORCESTER PUBLIC LIBRARY | |
| | | | | 10.23 | EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division | |
| | | | | 10.24 | PUBLIC SCHOOL DEPARTMENT | |
| | | | | 10.25 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division | |
| | | | | 10.26 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division | |
| | | | | | | | Refer to Finance Committee | | | | A. | Transmitting informational communication relative to the revenues and expenditures for month ending December 31, 2017. | Attachments |
| | | | | 10.27 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Energy and Asset Management | |
| | | | | 10.28 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division | |
| | | | | 10.29 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division | |
| | | | | 10.30 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division | |
| | | | | 10.31 | FINANCE ITEMS
Capital Transfers | |
| | | | | | | | Votes Required | | | | A. | Recommend that One Hundred Seventy Eight Thousand Thirty Six Dollars and Thirty Three Cents ($178,036.33) be transferred from Account #91C7804, Citywide Capital Equipment, to Account #68C701, Technical Service Capital Equipment. | Attachments |
| | | | | | | | Votes Required | | | | B. | Recommend that Four Hundred Thirty Six Thousand Dollars And No Cents ($436,000.00) be transferred from Account #91C711E, School Capital Rehabilitation, to Account #50C704, School Capital Rehabilitation. This transfer will fund projects such as the School Facilities study and Master Study Plan. | Attachments |
| | | | | | | | Votes Required | | | | C. | Recommend that Fifty Thousand Four Hundred Twenty Six Dollars and Twenty Six Cents ($50,426.26) be transferred from Account #29-33009, Land Sales, to Account #280-93000, Inspectional Services Capital Outlay. This funding transfer is recommended to purchase two vehicles (one truck and one car) which is needed by Inspectional Services. | Attachments |
| | | | | | | | Votes Required | | | | D. | Recommend that One Hundred Thirty Nine Thousand Four Hundred Forty Seven Dollars And Ninety Five Cents ($139,447.95) be transferred from Account #29-33009, Land Sales, and be appropriated to Account # 720-93000, Parks Capital outlay, to allow for the purchase and future payment of a new Tiger Boom Mower. | Attachments |
| | | | | | | | Votes Required | | | | E. | Recommend that Two Hundred Ten Thousand Dollars And No Cents ($210,000.00) be transferred from Reserve Revenue Account # 330-54, Greenwood Street Landfill, and be appropriated to DPW Account # 41S607, Greenwood Street Landfill City, to allow for the cost of ongoing environmental monitoring and sampling at the Greenwood Street Landfill. | Attachments |
| | | | | | | | Votes Required | | | | F. | Recommend that Eleven Thousand Four Hundred Six Dollars And No Cents ($11,406.00) be reallocated to authorize the funding of a new heater at the Webster Square Fire Station. | Attachments |
| | | | | | | | Votes Required | | | | G. | Recommend that Ninety Five Thousand Dollars And No Cents ($95,000.00) be transferred from Loan Account #91C702A, Water Shed Land Acquisition, and be appropriated to DPW Account #45C786, Water Shed Land Acquisition, to allow for the South Road project.Refer to CCM Item 10.6A | Attachments |
| | | | | 10.32 | FINANCE ITEMS
Grants and Donations | |
| | | | | | | | Votes Required | | | | A. | Recommend adoption of a resolution to apply for, accept and expend funds from the Advancing Women Targeted Grant through the Eastern Bank Charitable Foundation. The total award amount for this funding opportunity is Ten Thousand Dollars and No Cents ($10,000.00). | Attachments |
| | | | | | | | Votes Required | | | | B. | Recommend adoption of a resolution to apply for, accept and expend funds from the Teacher Externship Planning Grant through the Massachusetts Department of Elementary and Secondary Education (DESE). The total award amount for this funding opportunity is Four Thousand Dollars and No Cents ($4,000.00). | Attachments |
| | | | | | | | Votes Required | | | | C. | Recommend adoption of a resolution to file, accept and expend a grant in an amount of up to Fifty Thousand Dollars And No Cents ($50,000.00) from MA HHS under the FY19 First Responder Naloxone Grant program. | Attachments |
| | | | | 10.33 | FINANCE ITEMS
Operational Transfers | |
| | | | | | | | Votes Required | | | | A. | Recommend that Four Thousand Two Hundred Dollars And No Cents ($4,200.00) be transferred from Account #330-07, Damage Settlement, to Account #50S519, Damage Claims Settlement. This transfer is to reflect the reimbursement of claims received by the insurance companies for accidents involving WPS vehicles. | Attachments |
| | | | | | | | Votes Required | | | | B. | Recommend that Nine Thousand Seven Hundred Thirty Six Dollars And Seventy Eight Cents ($9,736.78) be transferred from Account #260-91000, Fire Personal Services, to Account 260-93000, Fire Capital Outlay FY18. | Attachments |
| | | | | 10.34 | FINANCE ITEMS
Prior Year | |
| | | | | | | | Votes Required | | | | A. | Recommend that Thirty Dollars And Sixty Two Cents ($30.62) be approved to pay a real estate tax bill from a prior year. | Attachments |
| | | | | | | | Votes Required | | | | A. | Please accept this revised funding request for the Massachusetts School Building Authority’s (MSBA) 2017 Accelerated Repair Program. | Attachments |
| | | | | 10.36 | MISCELLANEOUS AGENDA TRANSMITTALS | |
| | | | | | | | Informational Communication | | | | A. | Transmitting informational communication relative to the Worcester Regional Transit Authority. | Attachments |
| | | | | | | | | | | | B. | Recommend adoption of an ordinance amendment relative marijuana establishments. | Attachments |
11. | LOAN ORDER TO BE ADOPTED | |
| | | | | | 11a Adopt on a roll call | | | 11a. | That the sum of ($194,646,240) One-Hundred and Ninety-Four Million Six-Hundred Forty Six Thousand Two Hundred Forty Dollars and No Cents be appropriated to Account 91C7113L, South High MSBA, to pay for costs associated with the construction and furnishing of a replacement South High Community School at 170 Apricot Street, to include the demolition and environmental remediation of the existing school. The proposed project (collectively, the “Project”) shall have an anticipated useful life as an educational facility for the instruction of school children for at least fifty (50) years; to meet this appropriation the City Treasurer and Collector of Taxes, with the approval of the City Manager, is hereby authorized to borrow said sum of ($194,646,240) One- Hundred and Ninety-Four Million Six-Hundred Forty Six Thousand Two Hundred Forty Million Dollars and No Cents under and pursuant to M.G.L. Chapter 44 Section 7 Clause 1/ Chapter 70B or any other enabling authority. The city acknowledges that the Massachusetts School Building Authority’s (MSBA)’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive for the “Project” shall not exceed the lesser of (1) Eighty percent of eligible, approved costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; and that the amount of borrowing authorized pursuant to this order shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City and the MSBA. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. | Attachments |
| | | | | | 12a - 12p Ordain on a roll call | | | 12a. | Amending the Salary Ordinance of August 20, 1996 relative to members of Local 490, NAGE (Clerks) | Attachments |
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| | | 12b. | Amending the Salary Ordinance of August 20, 1996, relative to Local 495 Bargaining Unit.
Amending Salary Ordinance of August 20, 1996 – Occupation Group R. – Laborer and Craftsman (Motor Equipment Repairman & Foreman)
Amending the Salary Ordinance of August 20, 1996 relative to Occupational Group N – Police (Regional Dispatchers)
| Attachments |
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| | | 12c. | Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking on Rugby St. across from 226 Ingleside Ave. | Attachments |
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| | | 12d. | Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking Across From 16 Ames Street | Attachments |
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| | | 12e. | Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 116 Harrison Street | Attachments |
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| | | 12f. | Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 23 Merrifield Street | Attachments |
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| | | 12g. | Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking Across From 2 ˝ Lodi Street | Attachments |
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| | | 12h. | Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking On Maywood Street Across From 2 Stevens Road | Attachments |
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| | | 12i. | Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 9 Merrifield Street | Attachments |
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| | | 12j. | Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 197 Eastern Avenue | Attachments |
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| | | 12k. | Amending Section 42 Of Chapter 13 Of The Revised Ordinance Of 2008 To Rescind Handicap Parking In Front Of 36 Gates Street
Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking Across From 36 Gates Street | Attachments |
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| | | 12l. | Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking On The Leon Street Side Of 22 Plantation Street | Attachments |
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| | | 12m. | Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 4 Anderson Avenue | Attachments |
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| | | 12n. | Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Install One Hour Parking 8am – 7pm On The Draper Street Side Of 373 Shrewsbury Street | Attachments |
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| | | 12o. | Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Install No Parking Anytime In Front Of 286 Lincoln Street | Attachments |
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| | | 12p. | Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Amend No Parking Anytime On Franklin Street | Attachments |
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| | | 13a. | ORDER of Councilor Gary Rosen and Councilor Philip P. Palmieri - Request City Manager inform City Council as to whether he and other representatives from the city intend to meet with the owners of the Pawtucket Red Sox to see if they have any interest in relocating to Worcester. (Tabled - Gaffney September 29, 2015 and Tabled - Rosen December 19, 2017) | Attachments |
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| | | 13b. | COMMUNICATION of Mayor Joseph M. Petty forwarding a survey by the Worcester Student Governmental Association (WSGA), which asked current undergraduate and graduate college students in the Worcester consortium about their time as a student living in Worcester, Massachusetts. (Tabled - Petty February 6, 2018) | Attachments |
14. | BUSINESS UNDER SUSPENSION OF RULES - Items brought forth under suspension at the March 6, 2018 City Council meeting. | |
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| | | 14a. | ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning National Grid’s policy regarding locating conduits on private property, including information as to whether there is land taking involved and if there is any compensation for the land taking. – Item #15a CC Order adopted | |
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| | | 14b. | ORDER of Councilor Konstantina B. Lukes – Request City Manager include information concerning the Higgins Armory properties on the Biannual Economic Development Update reports. – Item #15b CC Order adopted | |
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| | | 14c. | ORDER of Councilor George J. Russell – Request City Manager look into whether or not the City can use the REAP ordinance as a tool to determine if an entity applying for building permits paid their taxes. – Item #15c CC Order adopted | |
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| | | 14d. | ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Solicitor provide City Council with a legal opinion as to the consequences, if there are any, in supporting an amendment to the U. S. Code to remove marijuana as a controlled substance and further, requesting the members of the U.S. Congressional and Senatorial delegation support this request and pursue said amendment of the U.S. Code. – Item #15d CC Order adopted | |
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| | | 14e. | ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with a breakdown of streets in the City without sidewalks, and whether someone creating a driveway would be considered as using City property for the first few feet next to the road. – Item #15e CC Order adopted | |
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| | | 14f. | ORDER of Councilor Konstantina B. Lukes – Request City Auditor provide City Council with a quarterly report concerning any accounts that are not collateralized or insured. – Item #15f CC Order adopted | |
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| | | 14g. | ORDER of Councilor Kathleen M. Toomey – Request City Auditor provide City Council with a report concerning what the threshold is for when the City puts money into a CD Account. – Item #15g CC Order adopted | |
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| | | 14h. | ORDER of Councilor Candy Mero-Carlson – Request City Manager conduct an inquiry as to where the WWII Memorial at Mt. Carmel Church will be moved to. – Item #15h CC Order adopted | |
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| | | 14i. | ORDER of Councilor Sarai Rivera – Request City Manager replace the light pole at 60 Southgate St. – Item #15i CC Order adopted | |
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| | | 14j. | PETITION of Councilor Sarai Rivera request the tree in front of 60 Southgate St. be inspected for possible removal. – Item #15j CC Referred to the Department of Public Works and Parks | |
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| | | 14k. | ORDER of Councilor George J. Russell – Request City Manager provide City Council with a status update on the repairing of the Billing Square monument. – Item #15k CC Order adopted | |
| Scheduled Meetings of the Standing Committees | |
Tuesday, Mar. 13, 2018 05:00 PM - Cancelled | Economic Development Committee Chairperson Candy Mero-Carlson, Sarai Rivera, Matthew E. Wally | Esther Howland (South) Chamber | |
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Wednesday, Mar. 14, 2018 06:00 PM -
| Traffic and Parking Committee Chairperson Matthew E. Wally, Konstantina B. Lukes, Candy Mero-Carlson | Esther Howland (South) Chamber | |
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Tuesday, Mar. 27, 2018 05:00 PM -
| Youth, Parks and Recreation Committee Chairperson Gary Rosen, Khrystian E. King, Sean M. Rose | Esther Howland (South) Chamber | |
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Wednesday, Mar. 28, 2018 05:30 PM -
| Public Health and Human Services Committee Chairperson Sarai Rivera, Sean M. Rose, Kathleen M. Toomey | Esther Howland (South) Chamber | |
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Wednesday, Apr. 4, 2018 05:30 PM -
| Public Works Committee Chairperson George J. Russell, Candy Mero-Carlson, Matthew E. Wally | Esther Howland (South) Chamber | |
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Wednesday, Apr. 25, 2018 05:30 PM -
| Veterans' and Military Affairs Committee Chairperson Morris A. Bergman, Konstantina B. Lukes, Sean M. Rose | Esther Howland (South) Chamber | |
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