CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – NOVEMBER 30, 2004

7:00 P.M.

 

1.       INVOCATION -  Rev. Avis Hoyt-O’Connor

                                     Quinsigamond United Methodist Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present except Councillors Gomez & White. Councillor White arrived at 7:12 P.M. and Councillor Gomez arrived at 7:26 P.M.

 

4.       To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2005.  Motion-Clancy – That the tax rate for Fiscal 2005 be set at $13.18 for Residential property and $27.60 for Commercial, Industrial and Personal property.  Adopted on a roll call 11-0. Reconsideration denied on a roll call 0-11.  (See #17g)

 

5.       Communication of the City Manager relative to Summary of Available Revenues for FY 2005.  (Tabled November 23, 2004) (Attachments)  Taken off the Table and placed on file

 

6.       Communication of the City Manager relative to information pertaining to the tax classification hearing. (Tabled November 23, 2004)  (Attachments)   Taken off the Table and placed on file

 

7.       Communication of the City Manager relative to recommendation on the use of Two Million Dollars. (Tabled November 23, 2004) (Attachments)   Taken off the Table and placed on file

 

ORDINANCE COMMITTEE HEARINGS – 7:00 P.M.

 

 

8.       REPORT OF THE PLANNING BOARD Upon the Petition of Joe Boynton et al requesting a zone change to 536 acre area from RL-7 to RS-7 bounded by the existing Airport Zone District (A-1) to the west, existing RS-7 zone near Pleasant St. to the north, Mill St., Farm St., Swan Ave, Passway Four, Admiral Ave. and Ward Farm Circle to the east and Wescott St., Swan Ave. and rear parcel lines of Ledgecrest Dr. to the south.      Hearing held – On a roll call vote of 8 Yeas and 2 Nays (Gomez, Rushton-No) (White absent) the Ordinance Committee voted to accept the recommendation of the Planning Board and recommend approval of the Petition    (Attachments)

 

 

9.       REPORT OF THE PLANNING BOARD Upon the Petition of Joe Boynton et al requesting a zone change from RL-7 to A-1 to a 32 acre area abutting Airport Dr. approximately 1,200’ north of its intersection with Goddard Memorial Dr.  Hearing held – On a roll call vote of 8 Yeas and 2 Nays (Gomez, Rushton-No) (White absent) the Ordinance Committee voted to accept the recommendation of the Planning Board and recommend approval of the Petition   (Attachments)

 

10.     ITEMS OF CITIZEN INTEREST

 

10a.   ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          11 & 12 REFERRED TO PUBLIC SERVICE & TRANSPORTATION COMMITTEE

 

11.     Gerald Shea request installation of a streetlight at 16 Bjorklund St. (Attachments)

 

12.     Councillor Joseph Petty request City of Worcester assume the lease cost for streetlight in front of 29 Tallawanda Dr.   (Attachments)

 

          13-16 REFERRED TO PUBLIC WORKS COMMITTEE

 

13.     Grace & David Drake request paving of Belcourt Rd. (Attachments)

 

14.     David & Grace Drake request sewers at 3 and 9 Belcourt Rd. (Attachments)

 

15.     Larry DiGregorio request to extend sewer main from Lake Ave. 400’ on Dominion Rd. at owner’s expense.   (Attachments)

 

16.     Attorney Samuel DeSimone request city assume jurisdiction, ownership and control of an existing sanitary sewer system located on Plantation St. at its intersection with an access road leading to Plantation Towers and extending along said access road from Plantation St. to a point on the access road approximately 500 ft. (Attachments)

 

          17 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

17.     Mayor Timothy Murray on behalf of Joseph Early, Jr. request removal or modification of residential parking in front of 29 Chestnut St. to be replaced with parking meters or other business appropriate parking zone.   (Attachments)

 

ORDERS

 

17a.   Request Administration to provide an updated map showing exactly where the 60 or 65 LDN’s would fall with a capacity of 225,000 take-offs and landings at the Worcester Regional Airport.  Motion-Rushton @ #8CC – Adopted   (Attachments)

 

17b.   Request City Manager to consider that amounts collected in tax liens be part of the free cash factor and the commensurate amount that is received through the sale of delinquent tax liens be applied in the City Manager’s recommendation of free cash to the tax rate  Motion-Murray @ #7CC

 

Councillor Clancy moved to amend: Further, request City Council receive a monthly report on all the monies that are collected on tax liens from now until June, with a running tally of how much that is. Order adopted, as amended on a roll call 11-0  (Attachments)

 

17c.   Request City Manager to apply any additional funds received from the State toward tax relief.  Motion-Perotto @ #7CC – Adopted (Attachments)

 

17d.   Request City Manager to recommend that $2,000,000.00 be set aside to reduce the real estate tax levy used to finance the FY 05 operating budget.  Motion-Lukes @ #7CC – Adopted on a roll call 9-2 (Haller, White- No)   (Attachments)

 

17e.   Request City Manager to report on all the outstanding tax liens the City currently has and to whom they belong.  Motion Clancy @ #7CC 

 

Councillor White moved to amend:  Further, request report include a breakdown of what percentage of all tax liens are owed by residential homeowners and what percentage are owed by businesses.  Further, request a list of the top twenty-five industries or people that owe taxes to the City of Worcester.  Adopted, as amended  (Attachments)

 

17f.    Request City Manager report as to the amount of time that must elapse before a lien may be put on a piece of property.  Motion-White @ #7CC – Adopted   (Attachments)

 

17g.   That the tax rate for Fiscal Year 2005 be set at $13.18 for Residential property and $27.60 for Commercial, Industrial and Personal property.  Motion-Clancy @ #4CC – Adopted on a roll call 11-0.  Reconsideration denied on a roll call 0-11.   (Attachments)

 

17h.   Request City Manager, in the future, as policy always include in the content of a grant resolution, any matching funds or services in-kind.  Motion-Lukes @ #8A CM – Adopted  (Attachments)

 

17i.    Request Administration to look at statistics relative to vehicle accidents along Fruit St. and make any recommendations that are warranted to control the level of accidents on Fruit St.  Motion-Haller @ #19A CM – Referred to Traffic & Parking Committee (Attachments)

 

17j.    Request City Manager report as to whether noise ordinance citations can be issued if any activity has been lawfully permitted.  Motion-Irish @ #19D CM – Adopted    (Attachments)

 

17k.   Request City Manager to provide a listing of all schools in the City that have issues with boilers.  Motion-Clancy @ #28A CM – Adopted   (Attachments)

 

17L.   That the City Council meetings of December 28, 2004 and the February and April school vacation weeks are hereby cancelled.  Motion Murray @ end of meeting – Adopted  (Attachments)

 

17m.  Request Administration to provide City Council with a report that defines food establishments and provides an explanation of the decision to treat food pantries as food establishments and the decision to eliminate any and all waivers for fees associated with such establishments, including food pantries.  Haller – Suspension of Rules

 

Mayor Murray moved to amend:  Further, that if there are any suggested changes by the City Manager that they be accompanied by any ordinance changes that would allow the City to differentiate between shelters or pantries that distribute canned food as opposed to prepared food.  Adopted, as amended (Attachments)

 

17n.   Request Administration report to City Council on the number of sex offenders, by level, residing at the following addresses:  17, 19, 38, 65 King St., 54 Queen St., 7-9 Woodland St. and 188 Chandler St.  Further, request Administration report on what screening, if any, is done by Community Healthlink and Henry Lee Willis to prevent their programs from housing sex offenders, especially Level 3, in neighborhoods.   Haller – Suspension of Rules – Adopted (Attachments)

 

17o.   Request Administration report to City Council on the feasibility of the Police notifying the local Neighborhood Crime Watch or association whenever a sex offender, especially Level 3, moves in or out of that particular neighborhood.  Haller – Suspension of Rules – Adopted (Attachments)

 

18.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR NOVEMBER 30, 2004

 

APPOINTMENTS

 

1.  NON-CITY COUNCIL CONFIRMATION:

 

2.  CITY COUNCIL CONFIRMATION:

 

TRANSMITTAL

 

3.  AIRPORT:

 

4.  ASSESSORS:

 

A.      SUPPLEMENTAL – Communication relative to revised FY2005 tax rate sheets.    Placed on file  (Attachments)

 

5.  BUDGET OFFICE:

 

A.      SUPPLEMENTAL – Communication relative to providing $2.0 million in immediate tax relief using supplemental State Aid funds.   Referred to Municipal Operations Committee (Attachments)

 

6.  CODE ENFORCEMENT:

 

7.  COMMUNICATIONS:

 

8.  ECONOMIC DEVELOPMENT:

 

A.      Request adoption of a resolution authorizing the filing, of a grant for $200,000 with the U.S. Environmental Protection Agency (EPA) for Funding Under the Brownfields Clean Up Program. (Attachments)   Resolution adopted & referred to Commerce & Development Committee for informational purposes

 

B.      Communication relative to the audited financial statements of the Worcester Redevelopment Authority for FY’03 and FY’04. (Attachments)   Councillor Irish recused  from St. Vincent discussion on a roll call 7-0 (Gomez, Rushton, White absent).  Referred to Commerce & Development Committee

 

C.      Communication relative to the City of Worcester’s Housing Policy. (Attachments)   Referred to Regional Affairs Committee and Housing & Neighborhood Revitalization Committee

 

9.    ELDER AFFAIRS:

 

10.  ELECTION COMMISSION:

 

11.  EMERGENCY MANAGEMENT:

 

12.  EMPLOYMENT & TRAINING:

 

13.  FIRE:

 

A.      Communication relative to Traffic Signals at the Greendale Fire Station. (Attachments)   Placed on file

 

14.  HUMAN RESOURCES:

 

15.  LAW:

 

A.      Request adoption of an order of taking for the acquisition by eminent domain of approximately one acre (43,750 square feet) of the property located at 254 Franklin Street, Worcester, for the construction of a Fire Department Headquarters Station. (Attachments)   Councillor Perotto recused on a roll call 9-0 (Gomez absent).  Order adopted 9-0.  Reconsideration denied on a roll call 0-9

 

16.  LICENSE COMMISSION:

 

17.  NEIGHBORHOOD SERVICES:

 

18.  PARKS, RECREATION & CEMETERY:

 

19.  POLICE:

 

A.      Communication relative to Vehicle Accidents along Fruit Street for the past year, also the intersecting side streets between Highland Street and Elm Street. (Attachments)   Referred to Traffic & Parking Committee

 

B.      Communication relative to Noise Complaints calls regarding the Bravo Café. (Attachments)   Referred to Public Safety Committee

 

C.      Communication relative to Police Calls to 119 West Street for the past month. (Attachments)   Referred to Public Safety Committee

 

D.      Communication relative to Noise Ordinance Citations from May 2004 – September 2004. (Attachments)   Referred to Public Safety Committee

 

E.      Communication relative to Worcester Police Department Crime Summary, January 1, 2004 – October 31, 2004. (Attachments)   Referred to Public Safety Committee

 

20.  PUBLIC HEALTH:

 

A.      Communication relative to $4,900.00 donation from Novo Nordisk Partnership to be used to provide blood sugar screening and nutritional information to individuals at risk for diabetes. (Attachments)   Order adopted with gratitude

 

B.      Request adoption of a resolution to accept a $200.00 donation from Dr. Matthew J. Collins, to the Worcester Public Health Department.  To be used to purchase additional defibrillators. (Attachments)   Resolution adopted with gratitude

 

C.      Communication relative to Request for Personnel/Clerk Typist/Tobacco Control Program. (Attachments)   Referred to Regional Affairs Committee and Health Committee

 

21.  PUBLIC LIBRARY:

 

A.      Request adoption of a resolution to accept a gift in the amount of $3,000.00 from the Lyons family to the Worcester Public Library. (Attachments)   Resolution adopted with gratitude

 

22.  PUBLIC SCHOOLS:

 

23.  PUBLIC WORKS:

 

A.      Communication relative to I-290 Viaduct Bridge Rehabilitation Project. (Attachments)   Placed on file

 

B.      Communication relative to the city’s winter parking ban that goes into effect December 1, 2004. (Attachments)   Placed on file

 

C.      Communication relative to Abandoned Vehicle Status Report. (Attachments)   Referred to Public Works Committee

 

24.  PURCHASING:

 

25.  TECHNICAL SERVICES:

 

26.  TREASURY:

 

27.  VETERANS SERVICES:

 

28.  FINANCE:

 

A.      Recommend that Five Hundred Thousand Dollars ($500,000.00) be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #50C704, School Department Building Rehabilitation, to provide funds for the payment of contractual obligations related to the boiler plant at Rice Square School and all Engineering projects, and other associated costs, as approved in the Capital Improvement Program. (Attachments)   Order adopted 8-0 (Lukes, Palmieri, Rushton absent)

 

B.      Recommend that Two Hundred Fifty Thousand Dollars ($250,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and appropriated to Account #11C702, City Messenger Building Rehabilitation, to provide funds for the payment of contractual obligations related to improvements and rehabilitation of the City Hall Windows, as approved in the Capital Improvement Program. (Attachments)  Order adopted 11-0

 

C.      Recommend that Twenty Six Thousand Dollars ($26,000.00) be transferred from Account #91C716, Union Station, and appropriated to Account #04C704, Union Station Rehabilitation, to provide funding to pay contractual obligations for Union Station. (Attachments)  Order adopted 11-0

 

D.      Request that One Thousand Three Dollars and Forty Cents ($1,003.40) be authorized from the FY05 Airport Department Ordinary Maintenance, Account #470-92000, to provide funds for the purpose of payment of a prior year invoice. (Attachments)   Order adopted 11-0

 

E.      Recommend that Nine Hundred Thousand Dollars ($900,000.00) be transferred from Account #91C727, Franklin Street Fire Station, and appropriated to Account #26C705, Franklin Street Fire Station, to provide funds for the payment of contractual obligations for the eminent domain taking of a portion of the property located at 254 Franklin Street, Worcester, MA, for the construction of the new City of Worcester Fire Station and Fire Department Headquarters, as approved in the Capital Improvement Program. (Attachments)

          Councillor Perotto recused 9-0 (Gomez absent).  Order adopted 9-0.  Reconsideration denied 0-9

 

F.      Recommend that Forty Nine Thousand Eight Hundred Twenty One Dollars ($49,821.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and appropriated to Account #25C702, Police Department Building Rehabilitation, to provide funds for the payment of contractual obligations related to the replacement of the domestic hot water heaters, chilled water piping and the removal and replacement of the existing direct fired gas duct furnaces with indirect gas fired furnaces at police headquarters, as approved in the Capital Improvement Program. (Attachments)  Order adopted 11-0

 

G.      Request authorization to pay One Hundred Ninety One Dollars and Twenty Seven Cents ($191.27) for a prior year invoice from Account #250-92000, Police Department Ordinary Maintenance. (Attachments)   Order adopted 9-0 (Lukes, Rushton absent)

 

H.      SUPPLEMENTAL – Recommend that $2,000,000 in available funds provided to the City of Worcester by the State of Massachusetts from the supplemental State Aid package distributed to cities and towns be appropriated for use by applying $1,000,000 to immediately reduce the real estate tax levy used to finance the FY05 operating budget for the City of Worcester from $164,322,870.00 to $163,322,870.00 to provide tax relief to the City of Worcester property owners.  Further, recommend that a tax rate stabilization fund be created under M.G.L. Section 14, Chapter 46 of the Acts of 2003 and that $1,000,000 be appropriated into this account from the supplemental State Aid package distributed to cities and towns to provide tax relief to the City of Worcester property owners in FY 2006.   (Attachments)   Order adopted 11-0, Reconsideration denied  0-11

 

I.       SUPPLEMENTAL – Recommend that Item #7 be rescinded on the City Clerk’s November 30, 2004 calendar which is a communication from the City Manager recommending $2,000,000 be raised by taxation and appropriated into Account #663,36000, Health Insurance, to establish a health insurance reserve for FY 2006.    (Attachments)   Placed on file 

 

29.  MISCELLANEOUS:

 

A.      SUPPLEMENTAL – Relative to a request for an Executive Session for 6:00 P.M. on Tuesday, December 7, 2004 to discuss collective bargaining.  (Attachments)  Order adopted to hold Executive Session at 5:30 P.M. on December 7, 2004

 

19.     RECESS TO FINANCE AND ORDINANCE:

 

          FINANCE

 

a)       4A CM  November 9, 2004

Communication of the City Manager relative to Fiscal Year 2005 Tax Rate Options.   (Attachments)  Recommend file (See #20a)

 

b)      4A CM  November 16, 2004

Communication of the City Manager relative to the top twenty-five taxpayers in Fiscal 2004 and a history of average tax bills.

(Attachments)   Recommend file (See #20b)

 

COMMUNICATION

 

20.     James DelSignore, City Auditor transmitting October 2004 Auditor’s Report.  (Attachments) Referred to Municipal Operations Committee

 

REPORTS

 

          25a & b – ACCEPTED –Suspension of Rules

 

20a.   REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager relative to Fiscal year 2005 Tax Rate Options:  recommend Communication be placed on file.  (Attachments)

 

20b.   REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager relative to top 25 taxpayers in Fiscal 2004 and history of average tax bills:  recommend Communication be placed on file.  (Attachments)

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

NOVEMBER 29, 2004       5:30-6:30 P.M.	ETHNIC & MINORITY AFFAIRS	COUNCIL CHAMBER
NOVEMBER 29, 2004        6:00 P.M.	PUBLIC WORKS	ROOM 310 CITY HALL
NOVEMBER 29, 2004        6:30 P.M.	REGIONAL AFFAIRS	COUNCIL CHAMBER
NOVEMBER 30, 2004        5:30  P.M.	MUNICIPAL OPERATIONS	COUNCIL CHAMBER
DECEMBER 6, 2004        5:30 P.M.	TRAFFIC & PARKING	COUNCIL CHAMBER