CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 24, 2006

Council Chamber

Convened: 7:11 P.M.

Adjourned: 10:21 P.M.


Mayor
Timothy P. Murray

 

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Paul P. Clancy Jr. Barbara G. Haller
Konstantina B. Lukes 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.

INVOCATION - REV. WALTER TILLEMAN, CHRIST BAPTIST CHURCH

2.

PLEDGE OF ALLEGIANCE

3.

STAR SPANGLED BANNER - ALEXANDRA MILLS

4.

ROLL CALL - All present except the Mayor with Vice-Chair Councilor Lukes in the chair, Mayor Murray arrived at 7:34 p.m. and assumed the chair.

5.

HEARINGS & ORDERS

5a.

Hearing - NSTAR for gas main location in: APRICOT ST.

Granting permission to NSTAR for gas main location in: APRICOT ST.

Attachments

Hearing Held/Adopted

 

5b.

Hearing - NSTAR for gas main location in JAMES ST.

Granting permission to NSTAR for gas main location in JAMES ST.

Attachments

Hearing Held/Adopted

 

6.

FIRST ITEM OF BUSINESS

6a.

Communication of the City Manager transmitting informational communication relative to Fiscal Year 2007 budget. (Tabled-October 17, 2006)

Attachments

Held to be Second Item of Business November 21, 2006

 

7.

ITEMS OF CITIZEN INTEREST

7a.

Vice Chair read a Proclamation on behalf of the Mayor proclaiming October 21 thru October 28, 2006 to be Childhood Lead Poisoning Prevention Week - Steven Fischer of the Regional Environmental Council and the Coordinator of the Worcester Lead Action Collaborative spoke.

 

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

John Payne et al request private street betterment program for the private section of Second St.

Attachments

Referred to Public Works Committee

 

9b.

Marcel Duplessis request Hamilton St. from Fairmont Ave and Ingelside Ave., especially in front 95 Hamilton St., be resurfaced.

Attachments

Referred to Public Works Committee

 

9c.

Andrew Sullivan request sidewalk repair in front of 1 Intervale Rd.

Attachments

Referred to Public Works Committee

 

9d.

Andrew Sullivan request street repair in front of 1 Intervale Rd. to alleviate the potholes, dips and the underlying problem that causes my home to vibrate when traffic passes.

Attachments

Referred to Public Works Committee

 

9e.

Attorney Jonathan Finkelstein on behalf of Terreno Realty LLC and Joseph Leonardo, owner of property at 44 Catharine St. request the City to abandon and release an easement running diagonally through the property which is no longer in service.

Attachments

Referred to Public Works Committee

 

9f.

Tad Jaillet et al request speed bumps or any other speed calming devices that would alleviate the high rate of speeds that motorists tend to travel on the residential road of Lovell St. to ensure public safety.

Attachments

Referred to Traffic and Parking Committee

 

9g.

Beverly Pietrowicz request handicap parking sign in front of 15 Louise St.

Attachments

Referred to Traffic and Parking Committee

 

9h.

Larry Bernard on behalf of Main South CDC request stop sign on Hollis St. at the intersection of Hollis St. and Kilby St.

Attachments

Referred to Traffic and Parking Committee

 

9i.

Susan Kneeland request to have residential parking in front of 15 Dix St.

Attachments

Referred to Public Works Committee

 

9j.

Councilor Kathleen M. Toomey on behalf of Elinor Cosky request a "No Parking" sign between 109 & 111 Lake Ave.

Attachments

Referred to Traffic and Parking Committee

 

10.

CHAIRMAN'S ORDERS

10a.

Request City Manager provide City Council with a report subsequent to any discussions with the developers of CitySquare.

Attachments

Order adopted

 

10b.

Request City Manager provide City Council with a report outlining all of the known proposed condominium construction/conversion projects citywide.

Attachments

Order adopted

 

10c.

Request City Manager provide City Council with periodic reports that describe the technical and/or financial assistance that the City provided to a developer subsequent to the project's completion. Said report to also identify the name of the project, the developer and the number of full and part-time jobs created.

Attachments

Order adopted

 

10d.

Request City Manager assign members of his Administration to meet with neighborhood business associations to develop a format and formula that the Administration may use to reach out to retain existing businesses and to attract new small businesses to the City.

Attachments

Order adopted

 

10e.

Request City Manager report to City Council concerning the development of a new signature event for the City of Worcester.

Attachments

Order adopted

 

10f.

Request City Manager provide the City Council with a report that identifies the regional organizations affiliated with CMRPC and further request report include their mission statements and accomplishments.

Attachments

Order adopted

 

10g.

Request City Manager provide City Council with a report that identifies the Worcester delegates associated with the Central Massachusetts Subregional System.

Attachments

Order adopted

 

10h.

Request City Clerk request the Executive Director of Central Massachusetts Regional Planning Commission provide the City Council with the CMRPC 2005 Annual Report.

Attachments

Order adopted

 

11.

ORDERS

11a.

Request City Manager request the Police Chief provide periodic enforcement of the speed limit on Rexhame Road in light of previous tragic accidents and current traffic issues. (Toomey)

Attachments

Order adopted

 

11b.

Request City Manager develop a proposal for a Center for New Worcesterites, thereby creating a vehicle which provides new citizens a singular, comprehensive entity for workforce development, education, employment and training, social services, housing, medical, etc., modeled after the City of Boston's Mayor's Office of New Bostonians. (Toomey)

Attachments

Order adopted

 

11c.

Request City Manager request the Director of Technical Services to inform the City Council of the timetable, personnel and technical equipment costs that are necessary to establish live video casting of weekly City Council meetings over the City's web site. Said web casting is accomplished in the City of Cambridge in live web cast, and then in an archival format on that City's web site. (Smith)

Attachments

Order adopted

 

11d.

Request City Manager convene local banking officials to assist in developing a loan foreclosure assistance program. (Murray, Rushton, Haller)

Motion Murray to amend to add: and officials from NeighborWorks Homeownership Center

Motion Toomey to amend: Further, request City Manager to include the loan foreclosure assistance program with the New Worcesterite proposal.

Attachments

Order Adopted, as amended

 

11e.

Request the Standing Committee on Rules and Regulations consider recommending a change to the Rules of the City Council so that City Council meets alternately on Tuesday evenings with Standing Committees of the City Council. (Clancy)

Motion Petty to amend: Request City Clerk provide City Council with the number of city council items that are carried over from week to week.

Attachments

Order adopted on a roll call vote of 7 Yeas and 4 Nays. (Yes-Clancy, Palmieri, Petty, Rushton, Smith, Toomey, Murray) (No-Haller, Lukes, Perotto, Rosen) and Referred to Rules and Regulations Committee

 

11f.

Request City Manager consider preparing a parking overlay plan along Blackstone River Road between McKeon Road and Reeves Street. (Clancy)

Attachments

Order adopted

 

11g.

Request City Manager report on the number of food service establishments open 24 hours and whether any such establishments have late night/early morning police details and the number and types of complaints/arrests occurring during those late night/early morning hours in the past 12 months at any of those food service establishments. (Lukes)

Attachments

Order adopted

 

11h.

Request City Manager report on the status of construction at the club house at the municipal golf course, the type and details of the construction including the specific additions and renovations, who is performing all phases of the construction, the cost to date, the anticipated total cost to finish and the anticipated date of completion. (Lukes)

Attachments

Order adopted

 

11i.

Request City Manager pursue the opportunity of developing class action litigation with other cities and towns in Massachusetts regarding challenging to the Dover Amendment. (Lukes)

Motion Lukes to amend to read: Request City Manager request City Solicitor provide a report to the City Council with the various options available as it relates to challenging the Dover Amendment in cooperation with other city or towns.

Attachments

Order Adopted, as amended

 

11j.

Request City Manager to collaborate with the Commissioner of Public Works and Parks to ascertain the availability of state-of-the-art equipment and testing methods that can be implemented at individual establishments impacted by the FOG program, to determine whether or not their existing grease abatement systems are effective to the point of meeting current threshold standards, or, if they need replacement to meet said standards. (Rosen)

Attachments

Order adopted

 

11k.

Request City Manager provide City Council with an update on the Franklin St. Fire Station. (Murray)

Attachments

Order adopted

 

12.

RECESS TO FINANCE COMMITTEE - No items pending

13.

COMMUNICATIONS

13a.

James DelSignore, City Auditor, transmitting communication relative to notification from the Massachusetts Department of Revenue (DOR) that they have certified General Fund "free cash" as of July 1, 2006 to be $2,101,529 and certified that $563,529 of "free cash" for the Water Enterprise Fund and $11,962 for the Airport Enterprise Fund.

Attachments

Referred to Municipal Operations Committee

 

13b.

Communication of the Central Massachusetts Regional Planning Commission transmitting 2005 Annual Report.

Attachments

Referred to Regional Affairs Committee

 

13c.

Communication of the City Manager relative to a comprehensive fiscal policy strategy relative to the City Council's requests for financial forecasts, quarterly reports, a five point plan to improve Worcester's bond rating, and a funding strategy for the construction of North High School, including the following elements:

1) Report of the City Manager on five year forecast and fiscal policies
2) FY 2007 Budgeted Free Cash Resolution plan
3) FY 2007 Quarterly Report

Be it further recommended that the accompanying order be adopted by the Worcester City Council to effectuate this comprehensive fiscal policy strategy.

Attachments

Held to be Second Item of Business November 21, 2006

 

14.

RESOLUTION

14a.

That the City Council recognizes Frank Carroll for his memorable and meritorious efforts to thank those who gave their lives for our freedom, and further, that through his efforts to create memorials and tributes in honor of our men and women in service to our country, he is keeping alive the invaluable contribution of servicepeople in the eyes and minds of today's youth. (Toomey, Rushton, Petty, Murray, Clancy, Haller, Lukes, Palmieri, Perotto, Rosen, Smith)

Attachments

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

 

15.

REPORTS OF THE COMMITTEES

15a.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager request City Council's Deliberation, Consideration and Referral to the Commerce and Development Committee, the attached Resolution to decertify the Certified Project for GKN Sinter metals of Worcester (Formerly the Presmet Corporation) Located at 2 Sherman Street: recommend adoption of the accompanying Resolution.

Attachments

Accepted & Adopted

 

15b.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager recommend City Council adoption of a Proposed Amendment to the Gateway Park Master Plan as Proposed by Gateway Park LLC.: recommend adoption of the accompanying Resolution.

Attachments

Tabled Under Privilege - Palmieri

 

15c.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager relative to an Economic Development Action Plan: recommend Communication be placed on file.

Attachments

Accepted

 

15d.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager relative to a Memorandum of Understanding (MOU) between the City of Worcester and the Worcester Historical Museum for the redevelopment of the Rome Building: recommend Communication be placed on file.

Attachments

Accepted

 

15e.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager regarding the Economic Development Small Business Retention and Recruitment Efforts: recommend Communication be placed on file.

Attachments

Accepted

 

15f.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager relative to Cultural Economic Development Initiative: recommend Communication be placed on file.

Attachments

Accepted

 

15g.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager regarding the Economic Development Initiatives Report June 2006: recommend Communication be placed on file.

Attachments

Accepted

 

15h.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communcication of the City Manager transmitting Economic Development Monthly Report for July 2006: recommend Communication be placed on file.

Attachments

Accepted

 

15i.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication of the Economic Development Report for August 2006: recommend Communication be placed on file.

Attachments

Accepted

 

15j.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication regarding the October 3, 2006 Economic Development Report: recommend Communication be placed on file.

Attachments

Accepted

 

15k.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager relative to Worcester Creative City Initiative: recommend Communication be placed on file.

Attachments

Accepted

 

15l.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to an overview of the Creative City/Worcester Way Initiative to date: recommend Communication be placed on file.

Attachments

Accepted

 

15m.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager transmitting informational Communication relative to the status of the budget and current funding sources for the Blackstone Gateway Visitor Center in the Quinsigamond Village: recommend Communication be placed on file.

Attachments

Accepted

 

15n.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to the number of jobs that have been created in Worcester within the Life Science Field: recommend Communication be placed on file.

Attachments

Accepted

 

15o.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager transmitting Informational Communication relative to CitySquare DIF Amendment approval by the Economic Assistance Coordinating Council: recommend Communication be placed on file.

Attachments

Accepted

 

15p.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager regarding the Gateway Park Master Plan Amendment: recommend Communication be placed on file.

Attachments

Accepted

 

15q.

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Resolution of Councilor Philip P. Palmieri that the City Council go on record to be in support of the Blackstone Gateway Visitors Center using federal and state funds in conjunction with leases & investments from the Historical Museum and the Worcester Country Visitors Bureau with the support and coordination with the City Administration seeking all the funding revenue resources before any tax levy is used before the city's commitment: recommend Resolution be placed on file.

Attachments

Accepted

 

15r.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Donald O'Neil on behalf of Tony Nguyen request to amend the Zoning Map of the City of Worcester by extending the RL-7 zone line from its present location along the northerly side of Main St. across Main St. to encompass land located along the southerly side of Main St. at 1471-1485 Main St.

Attachments

Referred to Land Use Committee for a hearing

 

15s.

REPORT OF THE PLANNING BOARD Upon the Petition of Lois Maraia on behalf of Indian Hill Partnership request to make public Cheyene Rd.

Attachments

Referred to Public Works Committee for a hearing

 

15t.

REPORT OF THE PLANNING BOARD Upon the Petition of Lois Maraia on behalf of Indian Hill Partnership request to make public Mohave Rd.

Attachments

Referred to Public Works Committee for a hearing

 

15u.

REPORT OF THE PLANNING BOARD Upon the Petition of Lois Maraia on behalf of Indian Hill Partnership request to make public Navajo Rd.

Attachments

Referred to Public Works Committee for a hearing

 

15v.

REPORT OF THE PLANNING BOARD Upon the Petition of Lois Maraia on behalf of Indian Hill Partnership request to make public Shawnee Rd.

Attachments

Referred to Public Works Committee for a hearing

 

15w.

REPORT OF THE PLANNING BOARD Upon the Petition of Lois Maraia on behalf of Indian Hill Partnership request to make public Westinghouse Parkway.

Attachments

Referred to Public Works Committee for a hearing

 

15x.

REPORT OF THE COMMITTEE ON REGIONAL AFFAIRS Upon the Communication of the City Manager transmitting communication relative to Collaborative Purchasing: recommend Communication be placed on file.

Attachments

Accepted

 

15y.

REPORT OF THE COMMITTEE ON REGIONAL AFFAIRS Upon the Communication of the City Manager transmitting communication relative to Collaborative Purchasing: recommend Communication be placed on file.

Attachments

Accepted

 

15z.

REPORT OF THE COMMITTEE ON REGIONAL AFFAIRS Upon the Communication of the City Manager transmitting communication relative to the 2004 Greater Worcester Area Comprehensive Economic Developement Strategy Committee Annual Report: recommend Communication be placed on file.

Attachments

Accepted

 

15aa.

REPORT OF THE COMMITTEE ON REGIONAL AFFAIRS Upon the Communication of Roberta Schaeffer, Executive Director, Worcester Regional Research Bureau transmitting The Case for a Regional Economic Development Alliance in the Greater Worcester Area: recommend Communication be placed on file.

Attachments

Accepted

 

15bb.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request the installation of a traffic signal at the intersection of Cambridge St., Canterbury St. and Fremont St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

15cc.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Belky Alexander request the bus stop in front of Belky's Hair Creation, at 212 Chandler Street be moved: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

15dd.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Paul Picknelly, President of Fargo Management LLC request to remove parking meters on the west side of Major Taylor Blvd. between Thomas St. & Central St. and install in place thereof a passenger zone at all hours, all days: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

15ee.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Paul P. Clancy, Jr. request a crosswalk in the vicinity of 275 Greenwood Street: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

16.

TO BE ORDAINED

16a.

Amending Section 2, Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone change in the Franklin-Plastic-Grafton Streets Area.

Attachments

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

 

16b.

Amending Article XV of the Worcester Zoning Ordinance adopted April 2, 1991 relative to Flexible Parking Overlay District.

Attachments

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

 

17.

TABLED ITEMS

17a.

Order of Mayor Timothy P. Murray - That the ordinance relative to the Police Department License Board as it relates to taxi regulations be recinded. (Tabled Murray - April 25, 2006)

Attachments

No action taken

 

17b.

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

 

17c.

Order of Councilor Konstantina B. Lukes - Request City Manager to report on the cost savings, if any, of redesigning and relocating the new North High School to the new Technical High School campus. (Tabled - Lukes September 26, 2006)

Attachments

No action taken

 

17d.

Communication of Roberta R. Schaefer, Executive Director of Worcester Regional Research Bureau, transmitting communication relative to Dial 911: Whose Call Is It, Anyway? (Tabled - Murray October 10, 2006)

Attachments

No action taken

 

18.

SUSPENSION OF RULES ITEMS

18a.

Motion-Lukes @ #13c CC - Request City Manager request the School Department provide a five-year financial plan similar to the City Manager's five year financial plan.

Attachments

Order adopted

 

18b.

Motion-Lukes @ #13c CC - Request City Manager request the City Solicitor submit to City Council in a written response with what aspects of the orders in the five year financial plan are binding and what portions of the orders are subject to the vote of the City Council and what votes are required.

Attachments

Order adopted

 

18c.

Motion-Murray @ #13c CC - Request City Manager provide City Council with a projected timeline for a new North High School.

Attachments

Order adopted

 

18d.

Motion-Murray @ #13c CC - Request City Auditor provide City Council with a report with his evaluation concerning the City Manager's five year financial plan.

Attachments

Order adopted

 

18e.

Motion-Murray @ #13c CC - Request City Manager report on whether a sunset provision is inherent in the five year financial plan, or if it is appropriate to add that caveat.

Attachments

Order adopted

 

18f.

Motion Lukes - Suspension of Rules - Request the Standing Committee on Rules and Regulation consider that with the reduction of time devoted to City Council meetings on every Tuesday that Councilors should have a similar deduction of pay to 50%.

Attachments

Denied on a roll call vote of 1 Yea and 10 Nays (Yes-Lukes) (No-Clancy, Haller, Palmieri, Perotto, Petty, Rosen, Ruston, Smith, Toomey, Murray)

 

18g.

Motion Murray - Suspension of Rules - Request the Standing Committee on Rules and Regulation consider City Council pay be established on a per diem basis based on the number of sub committee meetings attended by its members and number of sub committee meetings that the chairs actually held.

Attachments

Referred to Rules and Regulations Committee

 

18h.

Motion Murray - Suspension of Rules - Request City Clerk compile a list for deliberation by the Standing Committee on Rules and Regulations with the number subcommittees called by the Chairs and the attendance at each of these subcommittee meetings and to include the Mayor's attendance at School Committee meetings for the last four years.

Attachments

Order adopted

 

18i.

Petition of Councilor Frederick C. Rushton on behalf of Pat Kelley request resident permit parking on Maple Tree Lane.

Attachments

Referred to Traffic and Parking Committee