CITY OF WORCESTER
CITY CLERK DEPARTMENT
JOURNAL
OF THE CITY COUNCIL
– MARCH 29, 2005
7:00 P.M.
Convened: 7:05 P.M.
Adjourned: 8:45 P.M.
1. INVOCATION – Rev. Michael Abdelahad
St. George Orthodox Church
2. PLEDGE
OF ALLEGIANCE/STAR SPANGLED BANNER
3. ROLL
CALL – All present
ORDINANCE COMMITTEE HEARINGS
– 7:00 P.M.
4 – Hearing held – Ordinance Committee accepted the
recommendation of the Planning Board and voted to recommend approval of the
Petition
4. REPORT OF THE PLANNING BOARD Upon the Petition of Katherine Robertson, Project Manager, Gardner-Kilby-Hammond LLC requesting City of Worcester close, abandon and remove from the Official Map that portion of Ripley St. from the southeast lot line of #41 to its terminus with the current Tainter St. to facilitate construction of the proposed new Boys & Girls Club and Clark University athletic fields. (Attachments)
5 – Hearing held – Ordinance Committee accepted the
recommendation of the Planning Board and voted to recommend approval of the
Petition
5. REPORT OF THE PLANNING BOARD Upon the Petition of Katherine
Robertson, Project Manager, Garner-Kilby-Hammond LLC request City of Worcester
close, abandon and remove from the Official Map that portion of Tainter St.
between #34 and #60 Tainter St. to facilitate construction of the proposed new
Boys & Girls Club and Clark University athletic fields. (Attachments)
6. ITEMS
OF CITIZEN INTEREST
6a. ITEMS
OF DEPARTMENTAL OR EMPLOYEE INTEREST
7-9
- REFERRED TO PLANNING BOARD
7. Geraldo
Santos request to make public Tamar Ave. (Attachments)
8. Ray
Griffin request to make public Saybrook Rd. (Attachments)
9. Roderick
Morgan, Jr. request to make public Polito Dr. (Attachments)
9a
-REFERRED TO PUBLIC SERVICE & TRANSPORTATION COMMITTEE
9a. Councillor Joseph Petty request street light be attached to pole
at end of Wilbur St. (Attachments)
Suspension of Rules
10
& 11 - REFERRED TO PUBLIC WORKS COMMITTEE
10. Councillor Barbara Haller request the entire length of Preston
St. be resurfaced. (Attachments)
11. Councillor Barbara Haller request sidewalks along entire length
of Preston St. be resurfaced. (Attachments)
12
& 12a - REFERRED TO TRAFFIC & PARKING COMMITTEE
12. Paul
Cesaitis request resident parking on Earle St.
(Attachments)
12a. Councillor Philip Palmieri on behalf of Peter Mancini request No
Parking before and after 5 DeMarco Terrace.
(Attachments) Suspension of Rules
13-18
- FROM LAND USE - ADOPTED
13. Request City Manager to provide City Council with a report on
the final disposition of 27 surplus tax title properties offered in an RFP in
the Spring of 2005. (Attachments)
14. Request City Manager to request the City Treasurer report to
City Council whether any additional opportunities have arisen for the sale of
any of the 27 surplus tax title properties listed in the Communication of the
City Manager dated March 1, 2005.
15. Request City Manager to consider entering into a legally binding
agreement that guarantees public accessibility onto and across an area of
property known as 40-180 Ballard St.; said access would be for the express
purpose of allowing recreational use along the extended portion of the
bicycle/walking path along the Blackstone River/Canal.
16. Request City Manager to request the appropriate City Board or
Department to investigate a possible violation of lighting regulations at property
recently developed at the corner of Millbury St. and Providence St. because it
abuts residential properties. (Attachments)
17. Request the Planning Board to consider implementing changes in
the Zoning Ordinance that would regulate the hours at retail
establishments. (Attachments)
18. Request City Manager to communicate with Madison Worcester
Holdings LLC to work together towards relocating existing tenants at 40-180
Ballard St. to other properties within the City of Worcester. (Attachments)
19
– FROM PUBLIC WORKS - TABLED UNDER PRIVILEGE (Lukes)
19. Request City Manager to recommend that the placement of the
Cristoforo Colombo statue be at the front of Union Station and placement of the benches at the corner of
Shrewsbury St. and Mulberry St. (Attachments)
20 – FROM PUBLIC WORKS - ADOPTED
20. Request City Manager to request the Commissioner of Public Works
to review the intersection of Princeton and Lewis Sts. and recommend public
safety improvements. (Attachments)
21. Request City Manager to provide City Council with crime
statistics for the sector surrounding Quinsigamond Community College for the
period January through March 2005 and report to City Council a comparison of
those figures, by category, against those for the same period in calendar
2004. (White) (Attachments) Councillor White moved to amend to delete
“sector surrounding Quinsigamond Community College” and inserting for the
northern quadrant of the City or whatever designation the Police Department
would use when compiling statistics in that particular area - Order adopted, as
amended
22. Request City Manager and Mayor to communicate with the
Superintendent of the Worcester Public Schools to explore what possibilities
might exist for siting of a public school facility for gifted students. (Palmieri, Perotto, Murray, Petty,
Rushton) (Attachments) Adopted
23. Request City Manager report to City Council what steps will need
to be taken to create a “Crosswalk Day” in the City whereby a trained group of
volunteers work with City employees to repaint crosswalks in our urban
neighborhoods on a pre-selected day in early Spring. (Haller) (Attachments) Adopted
24. Request City Manager provide City Council with any and all
Neighborhood Revitalization Strategy Area (NRSA)/Main Streets applications
received to date. (Perotto, Palmieri,
Murray) (Attachments) Councillor Gomez moved to amend: Further, request Sub-Committee ask that
community partners be identified where appropriate – Order adopted, as amended
25. Request Administration report on the residency of all employees
in the past 5 years, listing by department the total number of employees and
the number and percentage of Worcester and non Worcester residents. (Lukes)
(Attachments) Adopted
26. Request Administration to consider establishing a residency
requirement for all new employees mandating that new employees establish
residency within six months after the new employee’s date of hire. (Lukes)
(Attachments) Mayor Murray moved to amend: Further, request
City Manager make some recommendations as to incentives that the City might
provide employees to keep them in the City.
Councillor Lukes moved to amend: Further, request report include whether
contract negotiations play a part in requiring residency – Order adopted, as
amended
27. Request City Manager to report on the number of minority
contractors participating in the Kilby/Gardner Project. (Gomez)
(Attachments) Adopted
28. Request Administration report to City Council on the options
that are available in working with the developer of the former St. Vincent
Hospital site. (Clancy) (Attachments) Adopted
29. Request City Manager provide City Council with a report
outlining the strategies that will be used to enforce the Noise Pollution
Ordinance this Spring/Summer.
(Haller) (Attachments) Adopted
30. Request City Manager report to City Council whether it is
feasible to insert a conditional clause in all future Request-For-Proposals
that the City of Worcester issues that would nullify the awarding of an RFP in
the event the awarded entity was taken over by, bought by, or otherwise came
under the eventual ownership or management of another entity. (Murray)
(Attachments) Adopted
31. Request Administration report what kind of process for design
standards/review are being planned for new construction or rehabilitation of
older commercial buildings in the city and especially in the downtown
area. (Lukes) (Attachments) Adopted
32. Request Administration report on whether the renovated fenced-in
Worcester Common will be integrated and “knit” into the CitySquare
project. (Lukes) (Attachments) Adopted
33. Request Administration report on whether any precautions or
design changes are needed to the skywalk bridge to the Convention Center in
order to prevent ice formation and falling ice from the cables similar to the
Zakim Bunker Hill Bridge occurrence this winter season. (Lukes)
(Attachments) Adopted
33a. Request City Manager report as to whether the heirs have been
consulted relative to the relocation of the Cristoforo Colombo statue and
whether there is a perpetual maintenance fund for the statue. Motion-Lukes @ #19CC – Adopted (Attachments)
33b. Request City Manager to report whether there is legislation either
pending in this jurisdiction or whether it has been passed in other
jurisdictions that recognizes the needs of gifted children and whether the City
can follow that model or expand on it. Motion-Lukes
@ #22CC – Adopted (Attachments)
33c. Request City Manager to consider hiring an actuary this year
relative to health insurance expenses. Motion-Lukes
@ #41CC – Adopted
33d. Request City Manager to report on the tax implications both on the
telecommunications companies and other companies that could take advantage of
telecommunications companies, such as cable companies and Mass. Electric. Motion-Petty @ #42CC – Adopted
33e. Request City Manager to contact Charter Communications to request
a report as to why service fees went up so dramatically two months ago. Petty – Suspension of Rules –
Adopted (Attachments)
33f. Request City Manager to request Charter Communications to provide
City Council with their service records for the past year. Petty – Suspension of Rules –
Adopted (Attachments)
35. Michael V. O’Brien, City Manager transmitting communication relative
to filing a Justice Assistance Grant for 2005. (Attachments) Resolution adopted – Also referred to
Public Safety Committee for informational purposes
36. Michael V. O’Brien, City Manager transmitting communication
relative to Ballard St. rezoning. (Attachments) Placed on file
37. James DelSignore, City Auditor transmitting February 2005
Auditor’s Report. (Attachments) Referred to Municipal Operations
Committee
38. James DelSignore, City Auditor transmitting City’s Management
Letter for year ended June 30, 2004. (Attachments) Referred to Municipal Operations
Committee for April 12, 2005 meeting
39. James DelSignore, City Auditor transmitting City’s Single Audit
for year ended June 30, 2004. (Attachments) Referred to Municipal Operations
Committee
40. James DelSignore, City Auditor transmitting communication
relative to potential increases under MGL Chapter 32, Sections 90A, C, D and E
and request for information relative to January 1998 Retirement Board meeting
minutes and how Retirement System assets are valuated. (Attachments) Referred to Municipal Operations
Committee
41. James DelSignore, City Auditor presenting an article as a
possible solution to OPEB liability. (Attachments) Referred to Municipal Operations
Committee
41a. Thomas A. Hickey, III transmitting response to request made of
City Auditor relative to the Retirement Board.
(Attachments) Referred to Municipal Operations
Committee – Suspension of Rules
42. That the City Council hereby goes on record in favor of House Bill #1740 which, if passed, would eliminate the preferential tax treatment granted telecommunications companies in the Commonwealth. (Petty) (Attachments) Adopted on a roll call 11-0
43. That the City Council supports clean, renewable electricity
generation. (Murray) (Attachments) Adopted
on a roll call 11-0. Laura Hoke, Director,
Mass. Interfaith Power & Light and Carissa Williams, Regional Environmental
Council spoke
44
- ACCEPTED & ORDER ADOPTED
44. REPORT OF THE COMMITTEE ON LAND USE Upon the Communication of
the City Manager relative to requesting City Council review, consider and adopt
an Order requesting the transfer of jurisdiction of seven parcels of land: recommend adoption of the accompanying
Order that foreclosed tax title property at 17 Kilby St., 7 Oread Place, 75
Hollis St., 143 Eastern Ave, 38 Providence St., 24 Norfolk St. and 15 Preston
St. be transferred from the jurisdiction of the Tax Title Custodian to the
Executive Office of Neighborhood Services and that the City Manager is
authorized to dispose of the property through an RFP or direct sale under the
provisions of MGL Chapter 30B and Chapter 40, Section 3. (Attachments)
45 – VOTED TO ADVERTISE PROPOSED ORDINANCE AS AMENDED
45. REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the
Planning Board upon the Petition of Attorney Samuel DeSimone requesting to
change the Zoning Map of the City of Worcester from MG-2 to BG-2 by extending
the BG-2 zone from the northerly side of Ballard St. to the southerly side of
Ballard St.: recommend passage of
the accompanying proposed Ordinance.
46 – VOTED TO ADVERTISE PROPOSED ORDINANCE
46. REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the
Planning Board upon the Petition of Attorney Samuel DeSimone requesting to
change to 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: recommend passage of the accompanying proposed Ordinance. (Attachments)
47-50 - ACCEPTED
REPORT OF THE COMMITTEE ON LAND USE Upon the following
Communications of the City Manager: recommend
Communications be placed on file.
47. Relative to assessed values of properties located at 40-180
Ballard St. (Attachments)
48. Relative to Ballard St. area rezoning assessment report. (Attachments)
49. Relative to proposed zone change in vicinity of Saybrook Rd. and
Southwest Cutoff. (Attachments)
50. REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the
Planning Board upon the Petition of
Councillor Philip Palmieri requesting that the Zoning Ordinance be amended as
follows: To amend Table 4.1, Business Uses so that in a BG-2.0 district the uses
listed in line 8 be allowed only by Special Permit and not by right: recommend Petitioner be given leave to
withdraw. (Attachments)
51-55
- REFERRED TO PUBLIC WORKS COMMITTEE
51. REPORT OF THE PLANNING BOARD Upon the Petition of John MacKoul,
Hidden Farms Estates, Inc. request to make public Blackhorn Dr. (Attachments)
52. REPORT OF THE PLANNING BOARD Upon the Petition of John MacKoul,
Hidden Farms Estates, Inc. request to make public Chestnut Hill Dr. (Attachments)
53. REPORT OF THE PLANNING BOARD Upon the Petition of John MacKoul,
Hidden Farms Estates, Inc. request to make public Hidden Farm Dr. (Attachments)
54. REPORT OF THE PLANNING BOARD Upon the Petition of John MacKoul,
Hidden Farms Estates, Inc. request to make public Silver Spruce Circle. (Attachments)
55. REPORT OF THE PLANNING BOARD Upon the Petition of John MacKoul
request to make public Tattan Farm Rd.
(Attachments)
56-75
- ACCEPTED & ORDERS ADOPTED
56. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the
Planning Board upon the Petition of Abby Rad, Pro Tech, Inc. requesting to
accept Papagni Circle as a public street: recommend adoption of the
accompanying Order. (Attachments)
57. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the
Planning Board upon the Petition of Ali Soffan on behalf of Indy Lake Trust
requesting to make public Pickwick’s Circle:
recommend adoption of the accompanying Order.
REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following
Petitions requesting street resurfacing:
recommend adoption of the accompanying Orders.
58. Mayor Timothy Murray & Councillor Philip Palmieri on behalf
of Mary Dionne request public portion of Elliott St. be paved in 2005. (Attachments)
59. David Martin request resurfacing of Oriol Dr. (Attachments)
REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following
Petitions requesting sidewalk repair: recommend
adoption of the accompanying Orders.
60. Jodi Oliver request sidewalk repair in front of 33 ½ Barclay St.
(Attachments)
61. Anyu Cai et al request sidewalk replacement in front of 21
Clearview Ave. (Attachments)
62. Mary Taubert request sidewalk repair in front of 71 Francis St. (Attachments)
63. Councillor Paul Clancy, Jr. request sidewalk repair on the
eastern side of Houghton St. at the corner of Heywood St. (Attachments)
64. Roger Hunt request replacement of cement sidewalk at 20
Kenilworth Rd. (Attachments)
65. Councillor Paul Clancy, Jr. on behalf of Rita Moss request
sidewalk repair at 17 Puritan Ave. (Attachments)
66. Elyse Levy request sidewalk repair between 17 & 19 Saxon Rd.
(Attachments)
67. Joseph Rossetti request sidewalk repair at corner of Shrewsbury
St. and Henry St. (Attachments)
68. Councillor Philip Palmieri on behalf of Joe Simone request
sidewalk repair in front of 22 Wilson St.
(Attachments)
REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following
Petitions requesting private street maintenance: recommend adoption of the accompanying Orders.
69. Raquel Ramos et al request private street maintenance on
Brookline St. (Attachments)
70. Anna Maria Hackey & Anthony Matulaitis request private
street maintenance on Wallingford Rd.
(Attachments)
REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following
Petitions requesting paved private street maintenance: recommend adoption of the accompanying
Orders.
71. Shirley Bates et al request paved private street maintenance on
St. Anthony St. (Attachments)
72. Shirley Bourke et al request paved private street maintenance on
St. Louis St. (Attachments)
73. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of
Councillor Barbara Haller requesting a guardrail along west side of Newbury St.
directly across from intersection of Congress St.: recommend adoption of the accompanying Order.
74. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of
Anthony Popillo requesting to extend sanitary main on Franklin St., a distance
of 278’ at owner’s expense: recommend
adoption of the accompanying Order. (Attachments)
75. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of
Attorney Samuel DeSimone requesting 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.: recommend adoption of the accompanying Order. (Attachments)
76–ACCEPTED & ORDER ADOPTED ON A ROLL CALL 11-0
76. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication
of the City Manager requesting adoption of an Order of Taking by which the City
would acquire a watershed preservation restriction on 87 acres of land located
within and adjacent to the Holden Reservoir #1 watershed: recommend adoption of the accompanying
Order. (Attachments)
77-86 - ACCEPTED
77. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of
David & Grace Drake and Christopher & Jennifer Schule request sewers at
3 and 9 Belcourt Rd.: recommend
Petition be referred to the Planning Board.
(Attachments)
REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following
Communications of the City Manager: recommend
Communications be placed on file.
78. Relative to November 2004 Economic Development Initiatives
Report. (Attachments)
79. Relative to December 2004 Economic Development Initiatives
Report. (Attachments)
80. Relative to January 2005 Economic Development Initiatives
Report. (Attachments)
81. Relative to North Parkway.
(Attachments)
82. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Order of
Councillor Philip Palmieri requesting the Commissioner of Public Works provide
City Council with the most recent comprehensive traffic study of the area that
encompasses Lincoln St., Burncoat St., Randolph Rd., North Parkway, Belvidere
St., Melrose St. and Wakefield St. and also apprise the City Council of the
initiatives by the Commonwealth to undertake a new comprehensive study of this
area to enhance traffic flow and improve public safety: recommend Order be placed on file. (Attachments)
83. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the
Planning Board upon the Petition of Alan Gordon requesting acceptance of
Tristan Court as a public way: recommend
Petitioner be given leave to withdraw. (Attachments)
REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following
Petitions: recommend Petitioners be
given leave to withdraw.
84. Debra Haddad request to cut guardrail across from Belcourt Rd.
to access Lake Quinsigamond for the purpose of building a ramp. (Attachments)
85. Carlos & Jean Ortiz request private street maintenance on
Gediminas St. (Attachments)
86. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of
Nelly Perez et al requesting installation of a guardrail at the corner of
Princeton St. and Lewis St.: recommend Petition be denied. (Attachments)
87-104
– ORDAINED ON A ROLL CALL 11-0
87. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to provide for handicap parking in front of 33 Canterbury St. (Attachments)
88. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to provide for handicap parking in front of 37 Canterbury St. (Attachments)
89. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to provide for handicap parking in front of 2 Rena St. (Attachments)
90. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to rescind handicap parking in front of 28 Esther St. (Attachments)
91. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to provide for handicap parking opposite 39 Wall St. (Attachments)
92. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to provide for handicap parking opposite 16 Channing St. (Attachments)
93. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to rescind handicap parking in front of 45 Arlington St. (Attachments)
Amending Section 42 of Chapter 13 of the Revised Ordinances
of 1996 to provide for handicap parking in front of 91 Southgate St. (Attachments)
94. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to relocate handicap parking space from in front of 101 Kendig St. to
opposite 100 Kendig St. (Attachments)
95. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to rescind handicap parking in front of 7 Esther St. (Attachments)
96. Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996
to rescind handicap parking in front of 81 Russell St. (Attachments)
97. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to provide for handicap parking in front of 1 Judson Rd. (Attachments)
98. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to rescind handicap parking in front of 95 Gage St. (Attachments)
99. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to provide for handicap parking in front of 5 Gilman St. (Attachments)
100. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to rescind handicap parking in front of 27 Malvern Rd. (Attachments)
101. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to rescind handicap parking on Fairmont Ave. adjacent to 516 Grafton
St. (Attachments)
102. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to provide for handicap parking in front of 7 Preston St. (Attachments)
103. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to rescind handicap parking in front of 7 Russell St. (Attachments)
104. Amending Section 42 of Chapter 13 of the Revised Ordinances of
1996 to rescind handicap parking in front of 41 Kingsbury St.
HEARING & ORDER
105
– HEARING RECONVENED
105. NSTAR for gas main location on: CHANNING ST., GREEN HILL PARKWAY,
UXBRIDGE ST., SHATTUCK ST., LINCOLN ST., FROTHINGHAM RD. and ORAN ST. (Attachments)
105a
– ORDER ADOPTED
106. 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
|
MARCH 29, 2005 5:30
P.M. |
TRAFFIC & PARKING |
COUNCIL CHAMBER |
|
MARCH 30, 2005 6:00
P.M. |
PUBLIC SERVICE & TRANSPORTATION |
COUNCIL CHAMBER |
|
APRIL 5, 2005 5:30
P.M. |
PUBLIC WORKS |
COUNCIL CHAMBER |
|
APRIL 12, 2005 5:30
P.M. |
MUNICIPAL OPERATIONS |
COUNCIL CHAMBER |
|
APRIL 13, 2005 5:00 P.M. |
HEALTH |
COUNCIL CHAMBER |