CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 30, 2007

Council Chamber

Convened: 7:00 P.M.

Adjourned: 9:43 P.M.


Mayor
Konstantina B. Lukes

 

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Paul P. Clancy Jr.Barbara G. Haller
Dennis L. Irish 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

4.

ITEMS OF CITIZEN INTEREST

5.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

6.

PETITIONS

6a.

Raymond V. Mariano, Executive Director of the Worcester Housing Authority request City of Worcester approve certain changes to the streets within the Worcester Housing Authority property known as the Curtis Apartments located at Tacoma St. and Great Brook Valley Ave. in Worcester, as enclosed.

Attachments

Referred to Planning Board

 

6b.

Joseph Cote request additional street light be installed in Chester St. between Grove St. and Holden St.

Attachments

Referred to Public Service and Transportation Committee

 

6c.

Barth O'Connor request sidewalk repair in Merrill Rd. at the corner of 40 Proctor St.

Attachments

Referred to Public Works Committee

 

6d.

David and Margaret Larson request resident permit parking in Uxbridge St. from Brittan Lane to Duxbury Rd.

Attachments

Referred to Traffic and Parking Committee

 

6e.

Robert Couture request curve sign, or caution light, sign or arrow in the area of 106 Sunderland Rd.

Attachments

Referred to Traffic and Parking Committee

 

6f.

Nhutam Thich and Dorothy Jones request installation of four (4) private directional signs for the Buddhist Meditation Temple Chua Pho Hien at 96 Dewey St.

Attachments

Referred to Traffic and Parking Committee

 

6g.

Paula Melendez request handicap parking in front of 15 Clay St.

Attachments

Referred to Traffic and Parking Committee

 

6h.

Representative John Fresolo on behalf of John Evangelista request handicap parking spot at 2 Shamrock St.

Attachments

Referred to Traffic and Parking Committee

 

6i.

Joseph Cote request year-round parking ban on both sides of Chester Street between Holden and Grove Sts.

Attachments

Referred to Traffic and Parking Committee

 

6j.

Councilor Joffrey A. Smith on behalf of Lincoln Village Neighborhood Watch request the installation of a four-way stop sign at the intersection of 52 Country Club Blvd. and 49 Pleasant Valley Dr.

Attachments

Referred to Traffic and Parking Committee

 

6k.

Sally Lyon et al request handicap parking space in front of 208 Pilgrim Ave.

Attachments

Referred to Traffic and Parking Committee

 

7.

COMMUNICATIONS OF THE CITY MANAGER

 

7.1

APPOINTMENTS
Non-City Council Confirmation
A.

Appointment of Sworn Weighers for the Year 2007.

Attachments

Placed on file

 
B.

Notification of Constable Appointment.

Attachments

Placed on file

 
 

7.2

APPOINTMENTS
City Council Confirmation
 

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
A.

Recommend Adoption of the 2007 Municipal Election Calendar.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Smith, Toomey absent)

 
 

7.6

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Resources Division
 

7.7

EXECUTIVE OFFICE OF THE CITY MANAGER
Workforce Development
 

7.8

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
A.

Transmitting Informational Communication Relative to the Worcester UniverCity Partnership.

Attachments

Referred to Education and College/University Relations Committee and referred to Commerce and Development Committee for informational purposes only

 
 

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 Keep Worcester Clean Report for the Month of December 2006.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to the City's Meeting with the State Board of Plumbers and Gas Fitters Regarding Fats, Oils, and Greases.

Attachments

Referred to Public Works Committee

 
C.

Transmitting Informational Communication Relative to the Feasibility of Restricting the Left Lanes on Massasoit Road at Route 20 to "Left Turn Only".

Attachments

Referred to Traffic and Parking Committee

 
D.

Transmitting Informational Communication Relative to Mill Street/Webster Square Ad Hoc Committee.

Attachments

Referred to Ad Hoc Committee on the Mill Street Business Corridor

 
 

7.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Labor and Services from Sheriff Guy W. Glodis' Community Services Program.

Attachments

Resolution adopted on a roll call vote of 9 Yeas and 0 Nays (Smith, Toomey absent)

 
B.

Transmitting Informational Communication Relative to the Blackstone River Bikeway(s) Plans.

Attachments

Referred to Public Works Committee

 
C.

Transmitting Informational Communication regarding a Public Hearing for Worcester Common Phase III World War II Memorial Design.

Attachments

Placed on file

 
D.

Transmitting Informational Communication Relative to the City's March Madness Basketball Tournament for Youth.

Attachments

Placed on file

 
 

7.14

PUBLIC SAFETY DEPARTMENTS
Communications Division
A.

Recommend City Council's Adoption of a Summary and Resolution to File and Accept a FY07 Statewide Emergency Telecommunications Board (SETB) Training Grant.

Attachments

Resolution adopted

 
 

7.15

PUBLIC SAFETY DEPARTMENTS
Fire Department
A.

Recommend that City Council Accept with Gratitude a $1,000.00 Donation from Wal-mart Stores, Inc.

Attachments

Order adopted with gratitude

 
 

7.16

PUBLIC SAFETY DEPARTMENTS
License Commission
 

7.17

PUBLIC SAFETY DEPARTMENTS
Police Department
A.

Transmitting Informational Communication Relative to Knock and Talk Program with the Worcester Police Department and the Worcester County Juvenile Court Department

Attachments

Referred to Public Safety Committee

 
B.

Request City Council's Review and Adoption of a Resolution to File and Accept FY07 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program with the U.S. Department of Justice, Office on Violence Against Women (ADAPT Program)

Attachments

Resolution adopted

 
C.

Recommend that the City Council Accept with Gratitude the Sum of $1,300.00 in Donations to the Worcester Police Department Athletic League

Attachments

Order adopted with gratitude

 
 

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 a Report on the Number of Food Service Establishments Open 24 Hours, Hired Police Details and Number/Types of Complaints/Arrests.

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 Severe Weather Preparedness.

Attachments

Referred to Housing and Neighborhood Revitalization 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.

Transmitting Informational Communication Relative to the Laws and/or Regulations that Prohibit Motor Boats from Patches Reservoir and Coes Pond.

Attachments

Referred to Ad Hoc Committee on the Mill Street Business Corridor

 
B.

Recommend Adoption of an Amendment to the Shooting Gallery Ordinance.

Attachments

Referred to Public Safety Committee

 
C.

Recommend City Council's Adoption of an Order to File a Home-Rule Petition Regarding Traffic Surveillance in the City.

Attachments

Mayor Lukes suspended the rules to allow Ronal Madnick, Director of Worcester County Chapter American Civil Liberties Union of Massachusetts, to speak Motion-Petty Request to refer to Public Safety Committee approved on a roll call vote of 9 Yeas and 1 Nay (Yeas - Clancy, Haller, Irish, Perotto, Petty, Rosen, Rushton, Toomey, Lukes) (Nay - Smith) (Palmieri absent) Motion-Smith Request to refer to Traffic & Parking Committee denied on a roll call vote of 2 Yeas and 8 Nays (Yeas - Rushton, Smith) (Nays - Clancy, Haller, Irish, Perotto, Petty, Rosen, Toomey, Lukes) (Palmieri absent)

 
 

7.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

7.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Transmitting Informational Communication Relative to the Department of Justice's Financial Monitoring and Assistance Visit in which the Internal Controls and Financial Record Keeping of Department of Justice Grants were Reviewed.

Attachments

Placed on file

 
 

7.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

7.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

7.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
A.

Recommend Adoption of the Attached Order for the Transfer of Jurisdiction of the Tax Title Property Located at 0000 Armory Street from the Tax Title Custodian to the Executive Office of Economic and Neighborhood Development.

Attachments

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

 
 

7.34

FINANCE ITEMS
Capital Transfers
A.

Respectfully recommend that Three Hundred Twenty-Five Thousand dollars ($325,000.00) from account #91C790, School Construction, and be appropriated to account #28C720, Worcester Technical High School Furniture & Equipment.

Attachments

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

 
B.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Account #91C790, School Construction, and be appropriated to Account #28C717, Vocational School Construction to pay for contractual obligations.

Attachments

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

 
C.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C739, Sewer Drainage, and be appropriated to DPW Account #44C750, Lateral Sewers to allow for the payment of current and anticipated sewer drainage obligations.

Attachments

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

 
D.

Recommend that Nine Thousand One Hundred Fifty Five Dollars And No Cents ($9,155.00) be transferred from Loan Account #91C732, Water Building Rehabilitation, and be appropriated to Water Account #45C704, Water Building Rehabilitation to provide funding for pending invoices and anticipated obligations for Water Building Rehabilitation.

Attachments

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

 
E.

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) be transferred from Loan Account #91C741, Street Reconstruction, and be appropriated to DPW Account #41C768, Private Street Conversion/Betterments to provide funds for the payment of current obligations and future street expenditures.

Attachments

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

 
F.

Recommend that Two Hundred Twenty Eight Thousand Dollars And No Cents ($228,000.00) be transferred from Loan Account #91C734, Sewer Capital Equipment, and be appropriated to Sewer Account #44C704, Capital Equipment to allow for the purchase and future payment of two street sweepers.

Attachments

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

 
G.

Recommend that Fifteen Thousand One Hundred Fifteen Dollars And No Cents ($15,115.00) be transferred from Loan Account #91C722, Bridges, and be appropriated to DPW Account #41C741, Bridges to provide necessary funding for the North Lake Avenue Bridge project.

Attachments

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

 
H.

Recommend that Eighty Thousand Dollars And No Cents ($80,000.00) be transferred from Citywide Capital Equipment, and be appropriated to Account #55C701, Library Equipment, for the installation of a new temperature control system.

Attachments

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

 
 

7.35

FINANCE ITEMS
Operational Transfers
A.

Recommend that Seventy Nine Thousand Eight Hundred Fifty Two Dollars And Seventy Cents ($79,852.70) be transferred from Reserve Revenue Account #330-54, Reserve for Appropriation Greenwood Street Landfill, and be appropriated to DPW Account #41S607, Greenwood Street Landfill (City) to allow for the payment of engineering invoices.

Attachments

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

 
B.

Recommend that Seven Hundred Sixty Seven thousand Seventeen Dollars And Twenty Six Cents ($767,017.26) be transferred from the following accounts to provide sufficient funding for the Off-Street Parking Program for the remaining period of Fiscal Year 2007.

Attachments

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

 
 

7.36

FINANCE ITEMS
Prior Year
 

7.37

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting the City of Worcester Climate Action Plan.

Attachments

Mayor Lukes suspended the rules to allow Peggy Middaugh, Director of Regional Environmental Council and a member of the Engery Task Force to speak. Referred to Public Service and Transportation Committee and referred to Land Use Committee for informational purposes only

 
8.

COMMUNICATION

8a.

David J. Rushford, City Clerk, transmitting communication relative to the type and extent of information filed with the City Clerk concerning businesses operating in the City of Worcester.

Attachments

Referred to Municipal Operations Committee

 

9.

RESOLUTIONS

9a.

That the City Council of the City of Worcester hereby recognizes Charles F. Monahan on the occasion of his tenth anniversary as President of the Massachusetts College of Pharmacy and Health Sciences and extends to him the sincere appreciation of a grateful City and best wishes for continued success and happiness. (Lukes)

Attachments

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

 

9b.

That the City Council of the City of Worcester hereby recognizes Joseph Borbone, Director of Traffic Engineering for the Department of Public Works and Parks, to thank him for the work he has done regarding parking issues in the Elm Park-Lincoln Estate Neighborhood. (Haller)

Attachments

Mayor Lukes suspended the rules to allow Robert Bourassa, President of the Elm Park-Lincoln Estate Neighborhood, to speak Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 

10.

LOAN ORDER TO BE ADOPTED

10a.

That the sum of Thirty Million Dollars ($30,000,000.00) be appropriated to Account #75C504, DCU Special District Improvements for the purpose of making improvements to the DCU Arena and Convention Center, including without limitation, expansion of the concourse and pedestrian interior mall, construction of club rooms with views of the playing surface, elevated pedestrian walkways to adjacent public and private facilities for parking and public accommodations, renovation, expansion and improvement to concession stands and refrigeration, electrical systems, storage, restroom and support facilities, and service improvements to fire alarm and fire suppression systems, security systems and waste removal facilities, together with all necessary and related furnishings, furniture and equipment, and all other costs incidental and related thereto.

Attachments

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

 

11.

TO BE ORDAINED

11a.

Amend Chapter 2 of the Revised Ordinances of 1996 by inserting a new Section 29D relative to Waiving Certain Building Permit Fees for Construction of Handicapped Accessible Ramps.

Attachments

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

 

12.

TABLED ITEMS

12a.

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

 

12b.

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

 

12c.

Communication of the City Manager transmitting informational communication relative to the Request for Proposal on two parcels of land currently owned by the Worcester Fire Department. (Tabled - Toomey November 14, 2006)

Attachments

No Action Taken

 

12d.

Communication of the City Manager transmitting informational communication relative to the Ownership of Parcels Surrounding the Former St. Vincent's Hospital Property. (Tabled - Clancy 01/02/2007)

Attachments

No action taken

 

13.

SUSPENSION OF RULES

13a.

Motion-Petty @ #7.28C CM - Request City Manager provide City Council with a report as to statistics from other cities and towns who have implemented surveillance cameras to see how it has worked, if there has been a negative impact such as causing more accidents then it has prevented, any costs associated with this program and any other relevant statistics.

Attachments

Order adopted

 

13b.

Motion-Perotto @ #7.37A CM - Request the Mayor inform the Superintendent of Worcester Public Schools of the City Council's support of the Climate Action Plan and that one of the main recommendation of this plan is a recycling program be part of the educational system and to request the Superintendent to consider including a recycling component in their next fiscal year budget.

Attachments

Order adopted

 

13c.

Motion-Rosen @ #7.37A CM - Request City Manager forward the City's Climate Action Plan to Berkeley Investments for consideration at CitySquare.

Attachments

Order adopted

 

13d.

Motion-Rushton @ #7.12 CM - Request City Manager mail copies of item #7.12D CM and item #7.28A to the members of the City Council Standing Ad Hoc Committee on the Mill St. Business Corridor.

Attachments

Order adopted

 

13e.

Motion-Haller @ #7.24A CM - Request City Manager send a copy of item #7.24 CM to all the Neighborhood Associations.

Attachments

Order adopted

 

13f.

Motion-Haller - Suspension of Rules - Request City Manager provide City Council with a report on the number and types of pedestrian and vehicular accidents at or near crosswalks along Chandler St. between Park Ave. and Main St. for the past five years, by year.

Attachments

Order adopted

 

13g.

Motion-Haller - Suspension of Rules - Request City Manager consider designating Chandler St. between Park Ave. and Main St. as a one year pilot crosswalk maintenance and enforcement effort with the express purpose of collecting data on: (1) frequency and cost of crosswalk repainting/repair needed to maintain highly visible crosswalks; (2) increase/decrease in pedestrian and vehicular accidents over the period; (3) increase/decrease in citizen complaints regarding street crossing in this area; and (4) costs of increased enforcement.

Attachments

Order adopted

 

13h.

Motion-Irish and Toomey - Suspension of Rules - Request City Manager submit to City Council a summary as to deferred maintenance for each park if one exists.

Attachments

Order adopted

 

13i.

Motion-Irish and Toomey - Suspension of Rules - Request City Manager provide City Council with a previously generated report concerning a master plan conducted eight or nine years ago that had benchmarking relative to the amount of resources devoted to parks in comparatively sized cities in the northeast and across the country.

Attachments

Order adopted