CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – DECEMBER 14, 2004

7:00 P.M.

Convened:  7:04 P.M.

Adjourned:  10:07 P.M.

 

1.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

2.       ROLL CALL –     All present except Councillors Irish and White.

Councillor White arrived at 7:08 P.M.

 

3.       PRESENTATION OF RESOLUTION TO DR. MATTHEW J. COLLINS FOR HIS DONATION TO THE DEPARTMENT OF PUBLIC HEALTH’S HEARTSAFE COMMUNITY PROGRAM.

 

FIRST ITEM OF BUSINESS

 

          4 – Taken up with 8A of the City Manager’s Calendar

 

4.       Monthly status reports consistent with Standing Committees on the following economic development initiatives:  Union Station garage and tenancy, Massport’s partnership efforts at the Airport, downtown housing development, Mass. Highway road project schedules, Gateway Park grants and tenancy, Gardner-Kilby-Hammond project, SWIP project, brownfield initiatives, Coes Dam rehab, replacement and relocation of Central Garage, Visitor’s Center rehab, telecommunications contract, Wyman Gordon property reuse, Worcester Center tenancy, the Arts District and the Canal District project.

 

5.       ITEMS OF CITIZEN INTEREST

 

5a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          6 REFERRED TO PUBLIC WORKS COMMITTEE

 

6.       Mary Dionne request Elliott St. be plowed in its entirety. (Attachments)

 

          7 & 8 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

7.       Waleska Quinones request handicap parking in front of 58 Cohasset St.  (Attachments)

 

8.       Roger Nugent request handicap parking across from 22 Wabash Ave. (Attachments)

 

          9 & 10 HEARINGS SET FOR DECEMBER 21, 2004 – 7:00 P.M.

 

9.       MASSACHUSETTS ELECTRIC CO. & VERIZON NEW ENGLAND, INC. for a joint pole relocation on:  ROMOLA RD. (Attachments)

 

10.     MASSACHUSETTS ELECTRIC CO. & VERIZON NEW ENGLAND, INC. for joint pole location on:  ORIENT ST. (Attachments)

 

ORDERS

 

10a.   Request City Manager to provide a list of all City contracts that are currently three years and those contracts that are currently beyond the three year period.  Motion-Clancy @ #22A CM – Adopted (Attachments)

 

10b.   Request School Department to provide a written report relative to the school bus contract as to successful bidder, terms and conditions of contract and the savings School Department  realized.   Motion-Clancy @ #22A CM – Adopted   (Attachments)

 

10c.   Request City Manager to provide a full report on the December 16, 2004 meeting relative to the FAA study of all regional airports.  Motion-Rushton @ #8A CM – Adopted   (Attachments)

 

10d.   Request City Manager submit to City Council Charter Communications current and prior two year’s annual reports.    Further, if outstanding liabilities are not contained within said annual reports, that the City Manager provide updated information concerning the financial status of Charter Communications.  Motion-Lukes @ #8A CM – Adopted   (Attachments)

 

10e.   That the current moratorium within the Airport Environs Overlay District is hereby extended for an additional thirty days.  Motion-Lukes – Adopted on a roll call 9-1 – Reconsideration denied on a roll call 0-10   (Attachments)

 

10f.    Request Administration to request a written response from Mass. Highway as to how and when  the rideability issue relative to the I-290 redecking project will be resolved.  Motion-Clancy @ #8A CM – Adopted   (Attachments)

 

10g.   Request City Manager to consider a resolution to confusion with the name Gateway relative to the following three projects: Gateway Park, Northern Gateway Visitors Center and the proposed Blackstone Gateway Park.   Motion-Clancy @ #8A CM – Adopted (Attachments)

 

10h.   Request City Manager to report on the temporary parking lot for Union Station and process used for the RFP.  Motion-Clancy @ #8A CM – Adopted   (Attachments)

 

10i.    Request City Manager to look into the concept of loan pools with banking establishments and credit unions.   Motion-Clancy @ #8C CM – Adopted   (Attachments)

 

10j.    That the City Council write a letter to Mass. Development in support of the application for funds for the G.A.R. Hall project.  Motion-Haller @ #8C CM – Adopted   (Attachments)

 

10k.   Request Administration to send a copy of Item 23A of the City Manager’s Calendar of December 14, 2004 relative to the traffic control agreement for Brosnihan Square to the neighborhood groups impacted,  with a cover letter in terms of contacting the Commissioner of Public Works or the City Manager’s Office with questions or comments relative to said traffic control agreement.  Motion-Haller @ #23A CM – Adopted   (Attachments)

 

10L    Request Administration look into some type of plan and design as Brosnihan Square is being developed, as to what traffic pattern makes the most sense for Green Island from an economic development perspective and an access perspective.  Motion-Clancy @ #23A CM – Adopted   (Attachments)

 

10m.  Request City Manager report as to the feasibility of sending out shut-off notices to those property owners who owe water and sewer fees to the City.   Motion-Murray @ #26A-C CM – Adopted (Attachments)

 

10n.   Request City Auditor to report on a monthly basis strictly on monies collected from tax liens.  Motion-Clancy @ #26A-C CM – Adopted (Attachments)

 

10o.   Request City Manager to report on other municipalities who have taken advantage of the tax lien auction/sale process, including financial situations of those municipalities and reasons why they adopted this process.   Motion-Haller @ #26A-C CM – Adopted (Attachments)

 

10p.   Request City Treasurer report as to an estimate of the amount of tax liens at the end of this fiscal year, without the sale of tax liens.  Motion-Haller @ #26A-C CM – Adopted   (Attachments)

 

10q.   Request City Treasurer to provide a description of any and all ways, other than collections that a tax lien would disappear, including how much, over the last three years, under those provisions has been taken off.   Motion-Murray @ #26A-C CM – Adopted (Attachments)

 

10r.    Request City Manager report on the City’s responsibility for cleaning up City Hospital property and anticipated cost.  Motion-Lukes @ #28J CM – Adopted   (Attachments)

 

10s.   Request City Manager to request the WRTA to continue bus service to Clinton.   Petty – Suspension of Rules – Adopted (Attachments)

 

10t.    The Order adopted by City Council on December 7, 2004: Ordered that the City Manager be and he is hereby requested to prepare for action by the City Council special legislation whereby Richard A. Bonofiglio, Jr., a former City Hospital employee, could extend his period of creditable service by such time as he was laid-off from such employment, up to a maximum of ten months, on condition that he pay to the annuity savings fund of the Worcester retirement system, a make-up payment calculated with interest, for the amount equal to that which he would have had withheld as regular deductions from the regular compensation he would have earned during such period,

be and the same is hereby rescinded.   Perotto – Suspension of Rules - Adopted   (Attachments)

 

11.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR DECEMBER 14, 2004

 

APPOINTMENTS

 

1.  NON-CITY COUNCIL CONFIRMATION:

 

A.      Notification of Constable appointments – Leo Beaucage, Frank Edwards, William George, Guy Guerry, Paul Kenary, Mark Messier, David Meyers and Edward Moynihan.. (Attachments)  Placed on file

 

2.  CITY COUNCIL CONFIRMATION:

 

TRANSMITTAL

 

3.  AIRPORT:

 

4.  ASSESSORS:

 

A.      Communication relative to the Methodology in Valuing Properties over or under $25,000. (Attachments)  Referred to Municipal Operations Committee

 

B.      Communication relative to the Characteristics and Obligations of a “Public Charity”. (Attachments)  Placed on file

 

C.      Communication relative to the Approval of the Fiscal 2005 Tax Rates. (Attachments)  Placed on file

 

5.  BUDGET OFFICE:

 

6.  CODE ENFORCEMENT:

 

7.  COMMUNICATIONS:

 

8.  ECONOMIC DEVELOPMENT:

 

A.      Communication relative to Economic Development Initiatives Report. (Attachments)  Referred to Commerce & Development Committee, Housing & Neighborhood Revitalization Committee, Public Service & Transportation Committee, Public Works Committee, Land Use Committee and Strategic Planning Committee

 

B.      Communication relative to the Caffrey Memorial Flag Fund. (Attachments)   Placed on file

 

C.      Communication relative to G.A.R. Hall. (Attachments)  Referred to Commerce & Development Committee

 

9.  ELDER AFFAIRS:

 

10.  ELECTION COMMISSION:

 

11.  EMERGENCY MANAGEMENT:

 

12.  EMPLOYMENT & TRAINING:

 

13.  FIRE:

 

A.      Communication relative to Number of Structure Fires in Worcester in the last ten years and the number of filled firefighter position in each of those ten years. (Attachments)   Referred to Public Safety Committee

 

14.  HUMAN RESOURCES:

 

15.  LAW:

 

A.      SUPPLEMENTAL – Communication relative to Conservation Restriction “Laurel Mountain” (Ararat St./I-190) area of the City.          (Attachments)   Order adopted on a roll call 10-0 (Irish absent) – Reconsideration denied on a roll call 0-10 – Also referred to Land Use Committee for informational purposes

 

16.  LICENSE COMMISSION:

 

17.  NEIGHBORHOOD SERVICES:

 

A.      Communication relative to an update on the environmental remediation projects underway or completed on the School Maintenance Building on Shrewsbury Street, the Parcel Post Building at Union Station, and the Central Street Hotel site. (Attachments)   Referred to Community Development Committee

 

B.      Communication relative to the redevelopment of the Mason/Winfield Street Project. (Attachments)  Referred to Community Development Committee

 

C.      Communication relative to Local Law Enforcement Block Grant funding. (Attachments)   Referred to Public Safety Committee

 

D.      Communication relative to the Noise Contour Map with Topography. (Attachments)  Referred to Land Use Committee

 

18.  PARKS, RECREATION & CEMETERY:

 

A.      Request adoption of a resolution to file and accept a Grant with and from the Commonwealth of Massachusetts Department of Conservation and Recreation for the Mass Releaf Grant Program. (Attachments)  Resolution adopted

 

B.      Request City Council’s consideration and approval of a Maintenance Contract for a period of up to Six Years for the Green Hill Municipal Golf Course, which will provide for a greater competition among the bidding firms.  Chapter 30B of M.G.L. requires the approval of City Council for any contract for services in excess of three years. (Attachments)   Tabled under privilege (Palmieri)

 

C.      Communication relative to an Invitation to the Second Public Hearing on the Master Plan Initiative for Improvements to Rockwood Field. (Attachments)   Placed on file

 

D.      Communication relative to an Invitation to a Public Hearing on the Master Plan Initiative for Improvements to Institute Park. (Attachments)   Placed on file

 

19.  POLICE:

 

A.      Communication relative to Regulation and Penalties applicable to livery vehicles. (Attachments)   Referred to Public Service & Transportation Committee

 

B.      Communication relative to how other communities are handling the issue of handicapped accessible taxicabs. (Attachments)   Referred to Public Service & Transportation Committee

 

C.      Communication relative to Worcester Police Department Internal Affairs – Investigation Totals. (Attachments)   Referred to Public Safety Committee

 

D.      Communication relative to the Issue of Permits and the Noise Ordinance. (Attachments)   Referred to Public Safety Committee

 

20.  PUBLIC HEALTH:

 

21.  PUBLIC LIBRARY:

 

22.  PUBLIC SCHOOLS:

 

A.      Request City Council to review and approve a motion to authorize the City of Worcester to advertise and award contracts for pupil transportation services, subject to the approval of the Worcester Public Schools, for a term of up to five years.          Chapter 30B of M.G.L. requires the approval of City Council for any contract for services in excess of three years. (Attachments)   Order adopted on a roll call 10-0 (Irish absent) – Also referred to Municipal Operations Committee for informational purposes

 

23.  PUBLIC WORKS:

 

A.      Communication relative to Brosnihan Square – T.C.A. (Traffic Control Agreement). (Attachments)   Referred to Traffic & Parking Committee

 

B.      Request adoption of a resolution to file and accept an FY 05 Drinking Water Supply Protection Grant with the Massachusetts Executive Office of Environmental Affairs. (Attachments)   Resolution adopted

 

C.      Communication relative to Timeline for Renaming Millbury Street and Ballard Street. (Attachments)  Referred to Public Works Committee

 

D.      SUPPLEMENTAL – Communication relative to Snow and Ice Hired Equipment Rates.   (Attachments)   Referred to Public Works Committee for December 21, 2004 meeting

 

E.      SUPPLEMENTAL – Communication relative to Pearl St. 2-way traffic pattern.   (Attachments)   Placed on file

 

24.  PURCHASING:

 

25.  TECHNICAL SERVICES:

 

26.  TREASURY:

 

A.      Communication relative to state statutes for tax lien sales, the City’s involvement in assisting with the development of the Statutes, and an estimate of the potential balance of tax liens that could be sold. (Attachments)   Referred to Municipal Operations Committee

 

B.      Communication relative to timeframe available and utilized by the City to perfect a tax lien. (Attachments)   Referred to Municipal Operations Committee

 

C.      Communication relative to an analysis the city’s tax lien account for the last five fiscal years. (Attachments)   Referred to Municipal Operations Committee

 

27.  VETERANS SERVICES:

 

28.  FINANCE:

 

A.      Recommend that Eighty Nine Thousand Six Hundred and Ninety Dollars and Ninety One Cents ($89,690.91) in unexpended prior year Block Grant balances be transferred from the following accounts:

         

ACCOUNT

DESCRIPTION

AMOUNT

14S40123

Urban Renewal

$  4,443.85

14S40723

WRA/SWIP

$32,852.18

14S40724

WRA/SWIP

$14,170.80

14S48827

Green Island CDC

$18,884.78

14S42329

Economic Development

$19,339.30

 

Total

$89,690.91

 

          and appropriated to the following accounts:

         

ACCOUNT

DESCRIPTION

AMOUNT

14S46823

Mason/Winfield Remediation

$37,296.03

14S46824

Mason/Winfield Remediation

$14,170.80

14S46827

Mason/Winfield Remediation

$18,884.78

14S46829

Mason/Winfield Remediation

$19,339.30

 

Total

$89,690.91

 

          And furthermore, request that Thirty Seven Thousand Two Hundred Fifty Nine Dollars and Nine Cents ($37,259.09) of Block Grant Program Income be transferred from the following accounts:

         

ACCOUNT

DESCRIPTION

AMOUNT

14SOM120

OPCD O.M.

$ 520.28

14SOM121

OPCD O.M.

$       93.20

14S40921

Green Island/V.H. CDC

$         3.00

14S41121

Neighborhood Revitalization

$  6,774.68

14S42622

Parks Improvement

$16,494.78

14S43722

Main South (Public Service)

$     416.67

14S48522

Code Enforcement

$           .48

14SSAL23

Salary and Fringe

$  1,756.81

14SOM123

OPCD O.M.

$10,171.49

14S41023

MLK Daycare

$           .60

14S41123

Neighborhood Revitalization

$       29.58

14S48523

Code Enforcement

$     997.52

 

Total

$37,259.09

         

          and appropriated to the following accounts:

         

ACCOUNT

DESCRIPTION

AMOUNT

14S46820

Mason/Winfield Remediation

$     520.28

14S46821

Mason/Winfield Remediation

$  6,870.88

14S46822

Mason/Winfield Remediation

$16,911.45

14S46823

Mason/Winfield Remediation

$12,956.48

 

Total

$37,259.09

                  

And furthermore, I recommend that One Hundred Thirteen Thousand and Fifty Dollars ($113,050.00) previously approved be transferred from the following accounts:

 

ACCOUNT

DESCRIPTION

AMOUNT

14S47225

Demo

$  23,410.92

14S47226

Demo

$  89,639.08

 

Total

$113,050.00

 

And appropriated to the following accounts:

 

 

 

ACCOUNT

DESCRIPTION

AMOUNT

14S46825

Mason/Winfield Remediation

$  23,410.92

14S46826

Mason/Winfield Remediation

$  89,639.08

 

Total

$113,050.00

 

to provide a total of Two Hundred Forty Thousand Dollars ($240,000.00) to fund ongoing work at the Mason/Winfield Brownfield Site. (Attachments)   Referred to Community Development Committee

 

B.      Recommend that Two Hundred Ninety-One Thousand Five Hundred Seventy-Nine Dollars ($291,579.00) be transferred when and as received from Account #91C780 Capital Equipment and appropriated to Account #41C703, DPW Capital Equipment, to provide funds for the purpose of purchasing 4 vehicles and a photo copier, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

                  

C.      Recommend that One Thousand Six Hundred Sixty Two Dollars and Ninety Five Cents ($1,662.95) be transferred from Account #340-92000, Elder Affairs Ordinary Maintenance, and appropriated to Account #340-93000, Elder Affairs Capital Outlay, to provide funds to purchase a floor burnisher. (Attachments)   Order adopted on a roll call 10-0 (Irish absent)

 

D.      Recommend that Eighty One Thousand Four Hundred Eighty Four Dollars ($81,484.00) be transferred when and as received, from Account #91C731, Water Capital Equipment, and appropriated to Account #45C703, Water Department Capital Equipment, for the purpose of purchasing a utility truck for the Water Department, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

E.      Recommend that One Hundred Fifty Five Thousand Dollars ($155,000.00) be transferred from Account #91C784, Parks Improvement, and appropriated to Account #72C702, Parks Site Improvements, for the purpose of payment for contractual obligations relative to design services and project management for South Worcester Phase II, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

F.      Recommend that Forty One Thousand One Hundred Eighty One Dollars ($41,181.00) be transferred when and as received, from Account #91C780, Citywide Capital Equipment, and appropriated to Account #72C701, Parks Department Capital Equipment, for the purpose of purchasing the following pieces of capital equipment:

 

                   (1)     Leaf Vacuum                    $12,648.00

                             (2)     Tilt Trailers                          8,808.00

                             (3)     Garage Lift                          6,990.00

                             (4)     Dove Tail Trailer                  4,580.00

                             (5)     Sod Cutter                           6,906.00

                             (6)     Backhoe Forks                    1,249.00

 

for the Parks Department, as approved in the Fiscal 2005 Capital Improvement Program. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

G.      Recommend that Twelve Thousand Four Hundred Thirty Three Dollars and Fifty Cents. ($12,433.50) be transferred from Account #91C797, Airport Improvements, and appropriated to Account #47C702, Airport Building Rehabilitation, for the payment of contractual obligations related to the completion of environmental mitigation projects at the Airport. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

H.      Recommend that Twenty Nine Thousand Five Hundred Dollars ($29,500.00) be transferred when and as received from Account #91C780, Capital Equipment, and appropriated to Account #25C701, Police Department Capital Equipment, to provide funds for the purpose of purchasing a rim clamp tire changer and other police equipment. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

I.       Recommend that Two Million Eight Hundred Eighty Six Thousand Dollars ($2,886,000.00) be transferred from Account #91C790, School Construction, and appropriated to Account #28C717, Vocational School Construction, to provide funds for the purpose of payment of contractual and other obligations related to the construction of the Worcester Vocational School, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

J.       Recommend that Twenty Five Thousand ($25,000.00) be transferred from Account #91C715, Coes Dam & City Hospital Improvement, and appropriated to Account #04C719, Development Capital, to provide funds for the contractual obligations associated with the soil contamination remediation. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

29.  MISCELLANEOUS:

 

A.      Request City Council to review and approve a contract period of three years, with an option to renew for two additional one year periods, for Centrex or Centrex-Like Services for the City of Worcester.  Chapter 30B Section 12 of the M.G.L. requires the approval of City Council for any contract for services in excess of three years. (Attachments)   Order adopted – Also referred to Municipal Operations Committee for informational purposes

 

12.     RECESS TO FINANCE AND ORDINANCE:  No Items Pending

 

COMMUNICATIONS

 

13.     David J. Rushford, City Clerk transmitting chart indicating number and type of City Council Standing Committee meetings, including number of calendar items considered at said meetings for years 2002-2004.  (Attachments)   Referred to Municipal Operations Committee and Rules & Regulations Committee

 

14.     James DelSignore, City Auditor transmitting City’s Comprehensive Annual Report for the year ended June 30, 2004.   (Attachments)  Referred to Municipal Operations Committee

 

15.     Roberta Schaefer, Executive Director, Worcester Regional Research Bureau transmitting:  Mayor vs. Manager:  Does Form Affect Performance?   (Attachments)   Referred to Municipal Operations Committee

 

REPORTS

 

          16 REFERRED TO PUBLIC WORKS COMMITTEE

 

16.     REPORT OF THE PLANNING BOARD Upon the Petition of Alan Gordon requesting acceptance of Tristan Court as a public way.

          (Attachments)

 

          17 REFERRED TO ORDINANCE COMMITTEE FOR A HEARING

 

17.     REPORT OF THE PLANNING BOARD Upon the Petition of Michael O’Brien, City Manager requesting to amend the Zoning Map at 75 Piedmont St. by extending BG-3.0 district to include entire parcel 06-0166-0003, a portion of which is currently zoned RG-5.0.

          (Attachments)

 

TO BE ORDAINED

 

          18 ORDAINED ON A ROLL CALL 10-0 (Irish absent)

 

18.     Amending Section 2, Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone change in the West Boylston St. area.  (Attachments)  

 

TABLED UNDER PRIVILEGE

 

19.     REPORT OF THE ORDINANCE COMMITTEE Upon the 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.:  recommend passage of the accompanying proposed Ordinance.

          (Attachments)    Taken off the Table and voted to advertise proposed Ordinance on a roll call 9-1 (Gomez-No) (Irish absent)

 

20.     REPORT OF THE ORDINANCE COMMITTEE Upon the Report of the Planning Board upon the Petition of Joe Boynton et al requesting a zone change to a 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 Westcott St., Swan Ave. and rear parcel lines of Ledgecrest Dr. to the south:   recommend passage of the accompanying proposed Ordinance.

(Attachments)   Taken off the Table and voted to advertise proposed Ordinance on a roll call 9-1 (Gomez-No) (Irish absent)

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

 

DECEMBER 20, 2004

       6:00 P.M.

 

COMMERCE &

DEVELOPMENT

 

COUNCIL CHAMBER

 

DECEMBER 21, 2004

       5:30 P.M.

 

PUBLIC WORKS

 

ROOM 310

CITY HALL

 

JANUARY 11, 2005

       5:30 P.M.

 

TRAFFIC &

PARKING

 

COUNCIL CHAMBER