CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – DECEMBER 21, 2004

7:00 P.M.

Convened:  7:08 P.M.

Adjourned:   9:39 P.M.

 

 

1.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

2.       ROLL CALL – All present

 

HEARINGS AND ORDERS – 7:00 P.M.

 

          3 & 4 – Hearings held

 

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

 

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

 

          3a & 4a – Orders adopted

 

3a.     Granting permission to MASSACHUSETTS ELECTRIC CO. & VERIZON NEW ENGLAND, INC. for joint pole location on:  ORIENT ST.

 

4a.     Granting permission to MASSACHUSETTS ELECTRIC CO. & VERIZON NEW ENGLAND, INC. for joint pole relocation on:  ROMOLA RD.

 

5.       ITEMS OF CITIZEN INTEREST

 

5a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          6  - REFERRED TO PLANNING BOARD

 

6.       John MacKoul request to make public Tattan Farm Rd. (Attachments)

 

          7 – REFERRED TO PUBLIC SERVICE & TRANSPORTATION COMMITTEE

 

7.       Mr. & Mrs. Bessa request streetlight in vicinity of 50 Green Hill Parkway.   (Attachments)

 

          8 & 9 – REFERRED TO PUBLIC WORKS COMMITTEE

 

8.       Valorie Huset request abatement of Sewer Assessment #30952 in the amount of $1,900.00 on Alpine St.   (Attachments)

 

9.       Attorney Donald O’Neil on behalf of Tatnuck Terrace LLC request City accept easements from Tatnuck Terrace LLC or its nominee for water and sewer utilities installed in Howe Ave., a private street, pursuant to a prior agreement with the City.   (Attachments)

 

          10 – REFERRED TO TRAFFIC & PARKING COMMITTEE

 

10.     Ron & Susan Howard request removal of handicap parking in front of 19 Wilson St.   (Attachments)

 

10a.   Councillor Paul Clancy, Jr. request to amend “No Parking” sign on Dewey St. to read: “No Parking from 7:00 a.m. to 7:00 p.m. on Dewey St.”   Voted to advertise proposed Ordinance – Suspension of Rules   (Attachments)

 

CHAIRMAN’S ORDER

 

          11 - FROM TRAFFIC & PARKING - ADOPTED

 

11.     Request City Clerk forward a letter of gratitude to the Memorial Foundation for the Blind for the donation of audible crossing signals.

          (Attachments)

 

ORDERS

 

12.     Request City Manager to request the Acting Parks Commissioner to provide City Council with an update concerning the proposed partnership between Tufts University and the City of Worcester to realize certain improvements at the Green Hill Park Barnyard Zoo.

          (Palmieri)  (Attachments)  Adopted

 

13.     Request City Manager to request the Acting Parks Commissioner to provide City Council with a schedule of that department’s usage of the extended-arm machinery that has been purchased to clear brush from public ways.  (Palmieri)    (Attachments)  Adopted

 

14.     Request Administration report to City Council on all vendors used for public works private contracting of streets, sidewalks, sewer and water repairs for the last three calendar years, including amounts paid to each.  (Palmieri, Clancy)  (Attachments)  Adopted

 

15.     Request City Manager to request the Executive Director of the East Side Community Development Corp. to provide City Council with a detailed itemization of the various and many real property transactions that have resulted from the relationship between the CDC and the UMass/Memorial Medical Center.    (Palmieri) (Attachments)

          Adopted

 

16.     Request City Manager to provide City Council with a detailed outline of the process the Administration follows once the City Council finishes it’s statutory obligations in voting to make a street public.  Said report to include departments involved and timeframes that need to be adhered to.  (Murray)   (Attachments)  Councillor Lukes moved to amend:  Further, request a legal opinion as to City’s authority to decree a street public and rights of abutting owners as to whether their consent is necessary and what their responsibilities are.   Adopted, as amended

 

17.     Request City Manager report to City Council the amount of acreage owned by and the amount of real estate taxes paid by CSX Corp. to the City of Worcester.  Said report to include GIS maps of all referenced properties.  (Murray)   (Attachments)   Councillor White moved to amend:  Further, request report include who owns all railroad tracks in the City and who maintains said tracks and land abutting tracks.  Adopted, as amended

 

18.     Request City Council to name the north mere at Elm Park the “William D. Cahill Memorial Pond” in honor and memory of Bill Cahill whose life’s work and accomplishments in the sport of ice hockey found it’s beginnings at the hockey pond near the corner of Highland St. and Park Ave.  Further, request the Parks and Recreation Commission approve and locate a marker in conjunction with the family  to this effect at an appropriate location near this popular recreational spot.   (Murray, White, Rushton, Haller, Irish)   (Attachments)  Adopted on a roll call 11-0

 

19.     Request that the Zoning Ordinance be amended to add a new section that would disallow the demolition of a single family and creation of a new two-family structure on those lots in RL-7 and RG-5 zones where a single family unit already exists.   (Murray)   (Attachments)  Referred to the Planning Board

 

20.     Request that the Zoning Ordinance be amended so that in all new construction of one-family through four-family residential buildings, there be a requirement added stating that the front door or main entrance door to each dwelling unit face the street on which the property is numbered.   (Murray)   (Attachments)  Referred to the Planning Board

 

21.     Request City Manager to institute a Management in Training Program in collaboration with local colleges and businesses.  (Petty)

          (Attachments)  Adopted

 

22.     Request City Manager to contact our State delegation in regards to pursuing legislation that would allocate a certain amount of the 1% of the state sales tax that is earmarked to the City of Boston’s MBTA service so that it is earmarked for the WRTA.   (Petty, Haller)  (Attachments)  Adopted

 

22a.   Request City Auditor report as to the City’s borrowing capacity after the $1,000,000.00 Loan Order for the scoreboard at the DCU Center.  Motion-Perotto @ #27CC – Adopted   (Attachments)

 

22b    Request City Auditor report as to what the City’s potential liability is as opposed to the City’s actual issued debt.  Motion-Lukes @ #27CC – Adopted   (Attachments)

 

22c.   Request City Manager to provide City Council with a copy of the Arena Lease Agreement between the City and SMG.   Motion-Lukes @ #27CC – Adopted  (Attachments)

 

22d.   Request City Manager report on ticket sales at the CentrumCentre from 1999 through 2004 and estimate for 2005.   Motion-Clancy @ #27CC – Adopted   (Attachments)

 

22e.   Request City Manager to provide a detailed breakdown of all costs associated with the scoreboard at the DCU Center, including structural changes.   Motion-Clancy @ #27CC – Adopted  (Attachments)

 

22f.    Request City Manager to report on other communities that have constructed skywalks with cables as to all aspects of the project from beginning to end.   Motion-Clancy @ #28CC – Adopted

          (Attachments)

 

22g.   Request City Auditor to report on the figures presented by the Administration regarding the Worcester Center Boulevard garage financing as relates to the skybridge/hotel/garage connections.   Motion-Clancy @ #28CC – Adopted  (Attachments)

 

22h.   Request City Manager report on the advantages and disadvantages of a Designer Review Board and how they have operated in other cities.  Motion-Lukes @ #20CC – Adopted   (Attachments)

 

22i.    Request City Manager to report on the status of changes to the City’s Zoning Ordinance.  Motion-Clancy @ #20CC – Adopted

          (Attachments)

 

22j.    Request City Manager to contact the WRTA and ask them to report on State funding to the WRTA in recent years.  Motion-Haller @ #22CC – Adopted  (Attachments)

 

22k.   Request Administration and Mayor’s Office to contact our State delegation and the WRTA to see how the City might effectively advocate for additional resources for the WRTA.   Motion-Haller @ #22CC – Adopted  (Attachments)

 

22L.   Request City Manager to report on cost savings realized from the six year maintenance contract for the Green Hill Municipal Golf Course.  Motion-Palmieri @ #58CC – Adopted   (Attachments)

 

22m.  Request Administration to report on process followed regarding response to winter storms with regard to school closings and initiation of snow removal and salting.  Lukes – Suspension of Rules – Adopted   (Attachments)

 

          23 & 24 ADOPTED

 

23.     SEWER ASSESSMENT:  DELAWANDA DR.  (Attachments)

 

24.     SEWER ASSESSMENT:  NOME ST.  (Attachments)

 

          25 ADOPTED ON A ROLL CALL 11-0

 

25.     DECREE TO MAKE PUBLIC:  ROSEVILLE LANE. (Attachments)

 

26.     RECESS TO FINANCE AND ORDINANCE:  No Items Pending

 

COMMUNICATIONS

 

27.     Michael V. O’Brien, City Manager transmitting communication relative to the scoreboard at the DCU Center.  (Attachments)  Order adopted on a roll call 10-1 (Lukes-No) authorizing the City Manager to execute an amendment to originally-called Centrum Lease Agreement renaming the facility as the DCU Center and amend the Arena Lease to allow imposition of a ticket surcharge to create an account dedicated solely to funding purchase and installation of the new electronic center-ice scoreboard.  Voted to advertise proposed $1,000,000.00 Loan Order for installation of scoreboard for DCU Center on a roll call 11-0

 

28.     Michael V. O’Brien, City Manager transmitting communication relative to the Worcester Center Boulevard skybridges. (Attachments)  Councillor Irish recused on a roll call 10-0.  Order adopted, as amended to include: “and the deed resulting therefrom” on a roll call 9-1 ((Lukes-No) – Reconsideration denied on a roll call 0-10.   Voted to advertise proposed Ordinance amending Chapter 2 of the Revised Ordinances of 1996 relative to Central St. Hotel Permit Fees on a roll call 10-0 – Reconsideration denied on a roll call 0-10.

 

29.     Michael V. O’Brien, City Manager transmitting communication relative to Civic Center/Convention Center naming rights. (Attachments)   Councillor Irish recused on a roll call 10-0 relative to vote to appropriate $975,000.00 to Account #75C501, Sky Bridge Hotel/Garage Connection and $285,000.00 to Account #75C501, Sky Bridge Hotel/Garage Connections Contingency.  On a roll call 10-0 Council voted that of the $4,800,000.00 received from the sale of the DCU naming rights currently available in Account #75S503, that $975,000.00 be appropriated to Account #75C501, Sky Bridge Hotel/Garage Connection and $285,000.00 be appropriated to Account #75C501, Sky Bridge Hotel/Garage Connections Contingency – Reconsideration denied on a roll call 0-10.  The remainder of the item was referred to Commerce & Development Committee.  

 

30.     James DelSignore, City Auditor transmitting November Auditor’s Report.   (Attachments)  Referred to Municipal Operations Committee

 

31.     Roberta Schaefer, Executive Director, Worcester Regional Research Bureau transmitting Citizen Satisfaction with Municipal Services:  2004 Survey.    (Attachments)  Referred to Municipal Operations Committee

 

REPORTS

 

          31a ACCEPTED & RESOLUTION ADOPTED – SUSPENSION OF RULES

 

31a.   REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager relative to the Blackstone Canal Feasibility Study:  recommend adoption of the accompanying Resolution that the City Council hereby goes on record in support of the concepts included in the Blackstone Canal Feasibility Study.   (Attachments)

 

          31b ACCEPTED – SUSPENSION OF RULES

 

31b.   REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager relative to Fallon Community to remain I downtown Worcester:  recommend Communication be placed on file.  (Attachments)

 

          31c ACCEPTED & ORDER ADOPTED ON A ROLL CALL 11-0

                 RECONSIDERATION DENIED ON A ROLL CALL 0-11 –

                 SUSPENSION OF RULES

 

31c.   REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication relative to Snow and Ice Hired Equipment Rates:  recommend adoption of the accompanying Order.  (Attachments)

 

          32 ACCEPTED & ORDER ADOPTED ON A ROLL CALL 11-0

 

32.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Charles Flanagan requesting abatement of Sewer Assessment #30883 in the amount of $8,355.44 on Norton St.:  recommend adoption of the accompanying Order to abate to $3,800.00 subject to deferred payment covenant.   (Attachments)

 

          33 ACCEPTED & ORDER ADOPTED WITH GRATITUDE

 

33.     REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Communication of the City Manager requesting City Council accept with gratitude a donation of twenty-six audible pedestrian signal units to the City:  recommend adoption of the accompanying Order.   (Attachments)

 

          34 VOTED TO ADVERTISE PROPOSED ORDINANCE

 

34.     REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councillor Barbara Haller on behalf of Helen Wondoloski requesting handicap parking across from 146 Perry Ave.:  recommend passage of the accompanying proposed Ordinance. (Attachments)

 

          35-43 ACCEPTED

 

          REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the following Petitions:  recommend Petitions be placed on file.

 

35.     Councillor Barbara Haller request No Parking signs be replaced on Benefit St. near Faucher’s Liquor Store. Further, once signs are replaced, request increased enforcement of parking regulations along this area of Benefit St.  (Attachments)

 

36.     Councillor Barbara Haller request crosswalk be repainted at intersection of Harding St. and Lafayette St.  (Attachments)

 

37.     Councillor Barbara Haller request crosswalk repainting at Princeton St. and Southbridge St.  (Attachments)

 

38.     Councillor Barbara Haller request crosswalk repainting at Russell St. and Park Ave.   (Attachments)

 

39.     Councillor Barbara Haller request crosswalk repainting at Sheridan St. and Cambridge St.   (Attachments)

 

40.     Councillor Barbara Haller request crosswalk repainting at Washburn St. and Cambridge St.   (Attachments)

 

41.     REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Communication of the City Manager relative to number of accidents during the last five years at the intersection of May and June Sts.: recommend Communication be placed on file.  (Attachments)

 

42.     REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Report of the Committee on Traffic and Parking upon the Petition of Councillor Michael Perotto requesting crosswalk at the corner of Putnam Lane and Shrewsbury St.:   recommend Report and Petition be placed on file.   (Attachments)

 

43.     REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of State Representative John Fresolo on behalf of Philip Potenti requesting handicap parking on the west side of Dana Ave. beside 610 Grafton St.:  recommend Petitioner be given leave to withdraw.    (Attachments)

 

TO BE ORDAINED

 

          44-57 ORDAINED ON A ROLL CALL 11-0

 

44.     Amending Part Two of the Revised Ordinances of 1996 reorganizing Departments, Boards and Commissions of the City of Worcester. (Attachments)

 

45.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for handicap parking in front of 14 Dartmouth St. (Attachments)

 

46.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for handicap parking in front of 179 Delmont Ave. (Attachments)

 

47.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for handicap parking in front of 11 South Buffum St. (Attachments)

 

48.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind No Parking in front of 22 Tampa St.   (Attachments)

 

49.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for handicap parking in front of 12 Wyman St. (Attachments)

 

50.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind handicap parking in front of 43 Hadwen Rd. (Attachments)

 

51.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind handicap parking in front of 11 Pattison St. (Attachments)

 

52.     Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 providing for a Stop sign on Claffey Rd. at Whitmarsh Ave. to face traffic on Claffey Rd.  (Attachments)

 

53.     Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 providing for a Stop sign on Granville Rd. at Whitmarsh Ave. to face traffic on Granville Rd.   (Attachments)

 

54.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for two hour parking 8:00 a.m. to 5:00 p.m. on Frothingham Rd., east side, from Lincoln St. to a point 200’ north of Lincoln St. and on the west side from Lincoln St. to a point 140’ north of Lincoln St.  (Attachments)

 

55.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996  to provide for two hour parking meter on the south side of Chandler St. in front of 104 Chandler St.   (Attachments)

 

56.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to prohibit parking on the south side of Downing St. 20’ on either side of the entrance driveway to Clark University’s Parking Garage.   (Attachments)

 

57.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind left turn only for westbound traffic on Dix St. at the intersection of Dix St. and Lancaster St.  (Attachments)

 

TABLED UNDER PRIVILEGE

 

58.     Communication of the City Manager requesting 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)   Taken off the Table and Order adopted on a roll call 10-1 (Rushton-No)

 

 

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 10, 2005

       5:30 P.M.

 

ETHNIC & MINORITY

AFFAIRS

 

COUNCIL CHAMBER

 

JANUARY 11, 2005

       5:30 P.M.

 

TRAFFIC & PARKING

 

COUNCIL CHAMBER

 

JANUARY 12, 2005

       5:30 P.M.

 

JOINT

PUBLIC SERVICE &

TRANSPORTATION &

CABLE TELEVISION

ADVISORY COMTE.

 

COUNCI L CHAMBER

 

JANUARY 18, 2005

       5:30 P.M.

 

COMMERCE &

DEVELOPMENT

 

COUNCIL CHAMBER

 

JANUARY 19, 2005

       6:30 P.M.

 

HEALTH

 

COUNCIL CHAMBER

 

 

 

PLEASE NOTE:   THE CITY COUNCIL WILL NOT MEET ON DECEMBER 28, 2004