CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – FEBRUARY 1, 2005

7:00 P.M.

Convened:  7:00 P.M.

Adjourned:   8:05 P.M.

 

 

1.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

2.       ROLL CALL –     All present except Councillor White who arrived at 7:20 P.M.

 

Mayor Murray read a Proclamation in recognition of Worcester Heart Awareness Week from February 4-10, 2005 proclaiming February 4, 2005 to be Wear Red for Women in Worcester

 

HEARING AND ORDER – 7:00 P.M.

 

          3 – Hearing Held

 

3.       MASSACHUSETTS ELECTRIC CO. for pole location on:  MILLBURY ST.  (Attachments)

 

          3a – Order Adopted

 

3a.     Granting permission to MASSACHUSETTS ELECTRIC CO. for pole location on:  MILLBURY ST.

 

4.       ITEMS OF CITIZEN INTEREST

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          5 & 6 - REFERRED TO PUBLIC WORKS COMMITTEE

 

5.       Councillor Frederick Rushton on behalf of Barbara Miller request repair or replacement of culvert on Sherer Trail.  (Attachments)

 

6.       Alex Panarelli request installation of public sewer, water and drain services in Sheldon St. from existing lines in Heath St.  (Attachments)

 

          7 - GIVEN LEAVE TO WITHDRAW

 

7.       Councillor Paul Clancy, Jr. on behalf of Eileen Lush request handicap parking in front of 121 Ingleside Ave.  (Attachments)

 

          8 – REFERRED TO TRAFFIC & PARKING COMMITTEE

 

8.       Councillor Barbara Haller on behalf of Rev. Edward Hanlon request installation of height limitation signage facing eastbound traffic along Cambridge St. from the four corners up to the railroad bridge crossing Cambridge St. near Kansas St. so as to avoid future truck damage to this overpass.  (Attachments)

 

CHAIRMAN’S ORDERS

 

          9-11 FROM COMMERCE & DEVELOPMENT - ADOPTED

 

9.       Request City Manager report to City Council concerning establishment of a manageable development task force with a geographic focus on downtown.  (Attachments)

 

10.     Request City Manager request the Director of the Worcester County Convention and Visitors Bureau to provide City Council with quarterly reports concerning their goals and accomplishments.

          (Attachments)

 

11.     Request City Manager provide City Council with information that identifies separate sources of funds for the Canal District and DIF area.   (Attachments)

 

          12-18 FROM HEALTH - ADOPTED

 

12.     Request City Manager report to City Council the status of the response to the previous request for an ordinance providing for monetary/civil penalties for those citizens who feed animals, birds and waterfowl in public parks and beaches.  (Attachments)

 

13.     Request City Manager report to City Council the success of the program that was instituted at Green Hill Golf Course that rid the area of a concentration of birds and waterfowl and any observations of increases in the number and location of groups of this wildlife throughout the City’s open public spaces.  (Attachments)

 

14.     Request City Manager report to City Council on the ability to coalition-build in reference to emergency preparedness. (Attachments)

 

15.     Request City Manager report to City Council the anticipated impacts if the proposal to transfer activity regarding weights and measures from the City to the Commonwealth, including impacts to revenue collections.   (Attachments)

 

16.     Request City Manager report to City Council the feasibility of requiring lead screening of all students upon entry into public, private, parochial and charter schools within the City of Worcester. (Attachments)

 

17.     Request City Manager report to City Council the comparison of lead paint screening numbers in the City of Worcester as compared to the City of Boston for the years 2003 and 2004.  (Attachments)

 

18.     Request City Manager to request the Director and Board of Public Health to take appropriate meaningful action to increase the response to the abatement of the detected increase in lead paint levels. (Attachments)

 

          19-22 FROM LAND USE - ADOPTED

 

19.     Request City Manager to request the City Solicitor provide City Council with a report regarding enforcement of conceptual plan agreement between the City of Worcester and Madison Worcester Holdings LLC.   (Attachments)

 

20.     Request City Manager request Madison Worcester Holdings LLC to provide City Council with photographs of their various retail properties across New England.  (Attachments)

 

21.     Request City Manager report to City Council whether the City of Worcester may enact an amendment to the Zoning Ordinance to restrict the hours of operation of retail establishments.  (Attachments)

 

22.     Request City Manager to provide City Council with assessed values of properties at 40-180 Ballard St. that are being requested to be re-zoned.  (Attachments)

 

          23 FROM PUBLIC SERVICE & TRANSPORTATION – ADOPTED

 

23.     Request City Manager and City Council to convene a 2005 Worcester Transportation Summit to gather together all transit providers, planners, funders and users to develop a strategy for the future of transportation within the region.  (Attachments)

 

          24 & 25 FROM PUBLIC WORKS - ADOPTED

 

24.     Request City Manager report to City Council the need for maintaining Foster St. between Summer St. and Worcester Center Boulevard (aka north portal), and if retaining this segment of roadway is not necessary, consider recommending abandonment and removal from the Official Map.   (Attachments)

 

25.     Request City Manager provide City Council with a schematic drawing of pedestrian access from new bus ports into Union Station and updated timelines for the major components.   (Attachments)

 

ORDERS

 

26.     Request City Manager to consider the outsourcing of some of the legal services currently conducted by staff of the Law Department to hasten actions that need to be taken in the area of the City’s priorities. (Clancy, Palmieri, Petty)  (Attachments)  Adopted

 

27.     Request addition of a new rule to the Rules of the City Council that would disallow final action being taken on any appropriation request in excess of One Million Dollars the first time it is presented to the City Council.    (Clancy, Palmieri, Petty)   (Attachments)  Councillor Petty moved to amend to read “consider addition of a new rule”.  Order referred, as amended to Rules & Regulations Committee on a roll call vote of 7 Yeas (Clancy, Irish, Palmieri, Petty, Rushton, White, Murray) and 4 Nays (Gomez, Haller, Lukes, Perotto).  Reconsideration denied on a roll call 1-10 (Lukes-Yes)

 

28.     Request City Manager provide City Council with an update regarding the Healthy Communities 2010 initiative “Common Pathways”. (Irish) (Attachments)  Adopted

 

29.     Request City Manager forward a copy of the approved Economic Development Action Agenda, as prepared and presented by Sasaki Associates, to all members of the local state delegation in the interest of securing state financial and regulatory assistance to leverage and facilitate efforts toward  job creation and tax base expansion within the city.   (Perotto, Palmieri, White, Irish, Clancy, Petty, Murray) (Attachments)  Councillor Clancy moved to amend to also send report to the Governor.  Adopted, as amended

 

29a.   Request Law Department to consider keeping time sheets between now and consideration of the FY06 budget.  Further, request a report as to how many lawyers are presently in the Law Department, historically how many lawyers in the Law Department in the last 10 years and a snapshot of the kind of cases normally handled by the Law Department and how often has the Law Department outsourced as a matter of practice.  Motion-Lukes @ #26CC – Adopted (Attachments) 

 

29b.   Request City Manager to report as to the appropriateness of the City Council requesting the City Manager to consider outsourcing legal

services and keeping time sheets for lawyers in the Law Department. Motion-Haller @ #26CC – Adopted  (Attachments) 

 

29c.   Request City Manager to request a report from the Office of Neighborhood Services as to what exactly the issues are and what the issues were as they were discussed at the Planning Board level and what issues can be expected in Land Use Committee,  prior to the Land Use Committee hearing relative to the Petition requesting a zone change on Grafton St. from ML-05 and RS-7 to BL-1.  Motion-Clancy @ #46CC – Adopted  (Attachments) 

 

29d.   Request City Manager to look into the issue of parking at Police Headquarters and report back to City Council within thirty days.

          Palmieri – Suspension of Rules

          Councillor Clancy moved to amend: Further, request a report as to the cost to repave the parking lot at Police Headquarters.  Adopted, as amended   (Attachments) 

 

29e.   Request City Manager report on the assault that took place this weekend on two Department of Public Works workers in the downtown area.  Haller – Suspension of Rules – Adopted (Attachments) 

 

29f.    Request City Manager to provide a report on the monthly average overnight population and daytime population at the PIP Shelter, 701 Main St. for the last six months.  Haller – Suspension of Rules – Adopted   (Attachments) 

 

29g.   Request City Manager report as to whether a census of the homeless has taken place in the City of Worcester and if so, results of said census.  Haller – Suspension of Rules – Adopted (Attachments) 

 

29h.   Request City Manager to report regarding the State changing the age for public safety recruits to take the test from 19 to 20 or 21 and reasons for the change.  Petty – Suspension of Rules – Adopted (Attachments) 

 

29i.    Request City Manager to request the Commissioner of Public Works to work in conjunction with the State Highway Department to make sure that residents are safe when traveling in the morning hours from the run-off from the Tatnuck Country Club area onto Rte. 122.  Rushton – Suspension of Rules – Adopted  (Attachments) 

 

29j.    Request City Manager to request the Department of Public Works in future snow storms to make sure that snow plow operators in the area of Pleasant St. and Cardinal Rd. do not come down Wrentham Rd. and push the snow across the street and onto the sidewalk.  Rushton – Suspension of Rules – Adopted  (Attachments) 

 

29k.   Request City Manager to request a report from the Police Department relative to an incident involving an interstate transport mini-van  company where they left some young people stranded in the middle of Manhattan on or about January 3, 2005 in very inclement weather and whether there are any licensing requirements for these types of companies in the City of Worcester.  Gomez – Suspension of Rules - Adopted  (Attachments) 

 

30.     RECESS TO FINANCE AND ORDINANCE:  No Items Pending

 

COMMUNICATIONS

 

31.     James DelSignore, City Auditor transmitting December 2004 Auditor’s Report.   (Attachments)   Placed on file

 

32.     Michael V. O’Brien, City Manager transmitting a preliminary analysis of Governor Mitt Romney’s Fiscal Year 2006 State Budget. (Attachments)  Referred to Municipal Operations Committee

         

 

CHAIRMAN’S RESOLUTION

 

          33 FROM HEALTH - ADOPTED

 

33.     That the City Council hereby encourages the City Manager to consider making application for all known grant monies to expand the outreach, detection and abatement of elevated lead levels in the City of Worcester.  (Attachments)

 

REPORTS

 

          34 & 35 - ACCEPTED & ORDERS ADOPTED ON A ROLL CALL 10-0 (Rushton absent)

 

34.     REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager recommending that $50,000.00 be transferred from Account #040-91000, City Manager’s Personal Service Account and appropriated to Account #040-92000, Worcester Marketing Ordinary Maintenance Account to provide the balance of FY05 funding for the Worcester County Convention and Visitors Bureau:  recommend adoption of the accompanying Order.   (Attachments)

 

35.     REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager relative to Civic Center/Convention Center naming rights:  recommend adoption of the accompanying Order.  (Attachments)

 

          36 & 37 - ACCEPTED & ORDERS ADOPTED

 

36.     REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager relative to an amendment to the City’s contract with the Worcester County Convention and Visitors Bureau which details a scope of service and budget for FY05:  recommend adoption of the accompanying Order.   (Attachments)

 

37.     REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager relative to Economic Development Action Agenda:  recommend adoption of the accompanying Resolution that the City Council hereby endorses, in concept, the economic development action agenda as prepared and presented by Sasaki Associates.   (Attachments)

 

          38-45 - ACCEPTED

 

          REPORT OF THE COMMITTEE ON HEALTH Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

38.     Relative to public health issues at Elm Park concerning waterfowl in the park.   (Attachments)

 

39.     Relative to establishing a partnership with the Worcester Roots Project.  (Attachments)

 

40.     Relative to lead paint rates in Worcester.  (Attachments)

 

41.     Relative to Rabies Vaccination Clinic.  (Attachments)

 

42.     Relative to adoption of a resolution to form a Regional Public Health Emergency Preparedness Coalition.  (Attachments)

 

43.     Relative to Weights and Measures Fees.   (Attachments)

 

44.     Relative to School Department Programs and Initiatives regarding Oral Health.   (Attachments)

 

45.     REPORT OF THE PLANNING BOARD Upon the Petition of Joseph Lupisella requesting Planning Board abandon and remove from the Official Map a portion of Emile St. from westerly lot line of 18 Emile St., a distance of approximately 260 ft.  (Attachments)

 

          46 - REFERRED TO LAND USE COMMITTEE

 

46.     REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Samuel DeSimone requesting to change the Zoning Map of the City of Worcester from ML-05 and RS-7 to BL-1 by extending the BL-1 zone from Grafton St. westerly exit to Rte. 20, Southwest Cutoff.   (Attachments)

 

          47-49 - ACCEPTED

 

          REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

47.     Relative to WRTA Service to Lakeside Apartments. (Attachments)

 

48.     Relative to WRTA “Ride the Bus Day” on October 16th. (Attachments)

 

49.     Relative to WRTA and a study conducted by Urbitan Associates regarding a review of all the  needs of their riders.   (Attachments)

 

          50-57 - ACCEPTED & ORDERS ADOPTED ON A ROLL CALL 11-0

 

50.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of R.W.M. Real Estate Trust requesting abatement of Street Betterment Assessment #24466 in the amount of $7,469.63 on Dixfield St.:  recommend adoption of the accompanying Order to abate to $66.63.  (Attachments)

 

51.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Deborah Haglund requesting abatement of Street Betterment Assessment #24470 in the amount of $3,606.00 on Nanita St.:  recommend adoption of the accompanying Order to abate in full.

          (Attachments)

 

52.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ann Lorusso requesting abatement of Street Betterment Assessment #24481 in the amount of $7,224.26 on Nanita St.:  recommend adoption of the accompanying Order to abate to $1,454.66.   (Attachments)

 

53.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Edgar & Lorraine Rocheleau requesting abatement of Street Betterment Assessment #24490 in the amount of $11,337.26 on Nanita St.:  recommend adoption of the accompanying Order to abate to $5,928.26.   (Attachments)

 

54.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Philomena Smith requesting abatement of Private Street Betterment Assessment #50167 in the amount of $5,880.33 on Cotuit St.:  recommend adoption of the accompanying Order to abate to $2,020.83.   (Attachments)

 

55.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Richard & Rosemary Cipro requesting abatement of Private Street Betterment Assessment #50168 in the amount of $5,403.30 on Cotuit St.:  recommend adoption of the accompanying Order to abate to $1,543.80.   (Attachments)

 

56.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Gervais & Virginia Larochelle requesting abatement of Private Street Betterment Assessment #50169 in the amount of $5,880.33 on Cotuit St.:  recommend adoption of the accompanying Order to abate to $734.33.   (Attachments)

 

57.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mohammad Hatami requesting abatement of Private Street Betterment Assessment #50170 in the amount of $5,403.30 on Cotuit St.:  recommend adoption of the accompanying Order to abate to $1,543.80.   (Attachments)

 

          58 & 59 - ACCEPTED

 

          REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following Petitions requesting abatement of Street Betterment Assessments:  recommend Petitions be denied.

 

58.     Michael & James Jennette requesting abatement of Street Betterment Assessment #24462 in the amount of $6,662.70 on Dixfield St. (Attachments)

 

59.     Geoffrey & Valerie Banyai requesting abatement of Street Betterment Assessment #24468 in the amount of $8,466.07 on Dixfield St. (Attachments)

 

TO BE ORDAINED

 

          60 - ORDAINED ON A ROLL CALL 11-0

 

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

 

TABLED

 

61.     Order – Request City Council to vote its opposition to any raises for City Council for the 2006 term.  (Lukes)  (Tabled January 18, 2005) (Attachments)   No Action Taken

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

 

JANUARY 31, 2005

      6:00 P.M.

 

PUBLIC SAFETY

 

POLICE HEADQUARTERS

9-11 LINCOLN ST.

VIEW ONLY – TO BEGIN FROM

 2ND FLOOR SQUAD ROOM

 

 

FEBRUARY 1, 2005

       5:30 P.M.

 

MUNICIPAL OPERATIONS

 

COUNCIL CHAMBER

 

FEBRUARY 8, 2005

       5:30 P.M.

 

MUNICIPAL

OPERATIONS

 

 

COUNCIL CHAMBER

 

FEBRUARY 15, 2005

       5:30 P.M.

 

 

PUBLIC WORKS

 

COUNCIL CHAMBER

 

FEBRUARY 16, 2005

       6:00 P.M.

 

COMMERCE &

DEVELOPMENT

 

 

COUNCIL CHAMBER

 

FEBRUARY 28, 2005

       6:00 P.M.

 

LAND USE

 

COUNCIL CHAMBER