CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – MAY 17, 2005

7:00 P.M.

 

1.       INVOCATION –  Fr. Michael P. Bafaro

Our Lady of Mt. Carmel Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present

 

4.       ITEMS OF CITIZEN INTEREST

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          5 & 6 REFERRED TO PLANNING BOARD

 

5.       Arthur Muenzenmayer & Patricia Coyle request to take ownership and add to our deed paved portion of the undeveloped “paper street” that is used as a border to our newly purchased home at 16 Dallas St. (Attachments)

 

6.       Charles Esoian request to change RL-7 zone at 1181 West Boylston St. to BL-1.0   (Attachments)

 

          6a REFERRED TO PUBLIC SERVICE & TRANSPORTATION COMMITTEE

 

6a.     Mayor Timothy Murray & Councillor Paul Clancy request street light at 7 Commonwealth Ave.   Suspension of Rules  (Attachments)

 

          6b-j REFERRED TO PUBLIC WORKS COMMTITEE

 

6b.     Mayor Timothy Murray, Councillor Frederick Rushton on behalf of Edward Tankanow request brook width to be widened closest to 28 Greybert Lane.  Suspension of Rules  (Attachments)

 

6c.     Councillor Philip Palmieri request sidewalk repair at 24 Beverly Rd.  Suspension of Rules  (Attachments)

 

6d.     Councillor Philip Palmieri request sidewalk repair at 52 Beverly Rd.  Suspension of Rules   (Attachments)

 

6e.     Councillor Philip Palmieri request sidewalk repair from 48-66 Beverly Rd.  Suspension of Rules   (Attachments)

 

6f.      Councillor Philip Palmieri request sidewalk repair at 266 Beverly Rd.  Suspension of Rules   (Attachments)

 

6g.     Councillor Philip Palmieri request sidewalk repair at 70 Beverly Rd.  Suspension of Rules  (Attachments)

 

6h.     Councillor Philip Palmieri request sidewalk repair at 84 Beverly Rd.  Suspension of Rules   (Attachments)

 

6i.      Councillor Philip Palmieri request sidewalk repair at 88 Beverly Rd.  Suspension of Rules  (Attachments)

 

6j.      Councillor Frederick Rushton & Councillor Konstantina Lukes request resurfacing of Webster Place.  Suspension of Rules (Attachments)

 

          7 & 8 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

7.       Joan Desautels request removal of handicap parking at 4 Harlow St. (Attachments)

 

8.       Ransom Reynolds et al request City allow tenants of 319 Lincoln St. to obtain resident parking permits for Buckingham St. or 300 block of Lincoln St.   (Attachments)

 

          9 REFERRED TO CITY MANAGER

 

9.       Ernest Lawrence et al request City Manager to execute and record a conservation restriction on Lake Park.  (Attachments)

 

          9a REFERRED TO MAYOR & CITY MANAGER

 

9a.     Jacqueline Norton et al request Mayor and City Manager expeditiously convene meetings with the WRTA, transit workers union and the Worcester Tornadoes to develop potential sponsorships and discuss implementation of a “curb to curb” shuttle van service making it possible for the transportation challenged in Worcester to attend Tornadoes home games.   Suspension of Rules  (Attachments)

 

          10 – MOTION OF COUNCILLOR IRISH TO REFER TO LEGISLATIVE AFFAIRS COMMITTEE DENIED ON A ROLL CALL 4-7 (YES-IRISH, PETTY, RUSHTON, WHITE) – (NO-CLANCY, GOMEZ, HALLER, LUKES, PALMIERI, PEROTTO, MURRAY) – MOTION OF COUNCILLOR HALLER TO APPROVE VOTED ON A ROLL CALL 8-3 (YES-CLANCY, GOMEZ, HALLER, LUKES, PALMIERI, PEROTTO, PETTY, MURRAY) – (NO – IRISH, RUSHTON, WHITE) – RECONSIDERATION DENIED ON A ROLL CALL 0-11

 

10.     William Breault request City Council go on record in opposition to Senate Bill 1272, which, if enacted, would mandate the locating of needle exchange programs across the Commonwealth. (Attachments)

 

ORDERS

 

10a.   Request City Manager to contact Senator Augustus and Senator Chandler to communicate City Council’s opposition to losing local control of any needle exchange program.   Motion-Perotto @ #10CC – Adopted   (Attachments)

 

10b.   Request City Solicitor be and is hereby requested to provide City Council with clarification of Senate Bill 1272.   Motion-Perotto @ #10CC – Adopted   (Attachments)

 

10c.   Request City Manager report on the temporary needle exchange program in Boston as to how it was set up and the parameters of the program.   Motion-Rushton @ #10CC – Adopted   (Attachments)

 

10d.   Request City Manager to report on the impact on taxpayers as a result of legislation passing relative to taxation of telecommunication companies such as Charter Communications and Mass. Electric.   Motion-Lukes @ #4B CM – Adopted  (Attachments)

 

10e.   Request City Manager to send a copy of Item 6B of the City Manager’s Calendar of May 17, 2005 relative to efforts to streamline and strengthen work of the City’s Boards and Commissions to the Chairperson of each Board and Commission.  Motion-Haller @ #6B CM – Adopted   (Attachments)

 

10f.    Request City Manager requested to provide a report relative to average number and type of calls to the Code Department and response time, number of inspections conducted and similar statistics as relates to this department.   Motion-Perotto @ #6D CM – Adopted (Attachments)

 

10g.   Request City Manager to provide an update relative to the Weed and Seed Program, including successes and failures of the program.  Motion-Perotto @ #17B CM – Councillor Lukes moved to amend: Further, request report include how monies are spent – Adopted, as amended   (Attachments)

 

10h.   Request City Manager to provide copies of  Items 19A & B of the City Manager’s Calendar of May 17, 2005 relative to a mounted police unit and noise pollution ordinance citations  to neighborhood associations and Crime Watch groups.   Motion-Haller @ #19A & B CM – Adopted   (Attachments)

 

10i.    Request City Manager to report on an action plan to repair the wall on Highland St. in the area of Doherty Memorial High School.  Motion-Murray @ #28Q CM – Adopted  (Attachments)

 

10j.    Request City Manager to enforce the one ton vehicular weight limit on Russell St. adjacent to Elm Park.  Irish – Suspension of Rules – Adopted  (Attachments)

 

10k.   Request City Manager to enforce one-way traffic on William St.  Irish – Suspension of Rules – Adopted   (Attachments)

 

10L.   Request City Manager to report regarding whether there has been full inquiry made into the filed sub-bidders on the Union Station project and the work done by the design professionals for the City.  Irish – Suspension of Rules – Adopted   (Attachments)

 

10m.  Request City Manager to report regarding recent acquisition of 2 June St. by SMOC as to SMOC’s specific plans regarding that property.  Rushton – Suspension of Rules – Adopted  (Attachments)

 

10n.   Request Administration to provide a status report on the improvements to South Worcester play fields,  Crystal/University Park and Cookson fields.  Request report include details for both funded and unfunded phases.  Haller – Suspension of Rules – Adopted   (Attachments)

 

11.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR MAY 17, 2005

 

APPOINTMENTS

 

1.  NON-CITY COUNCIL CONFIRMATION:

 

2.  CITY COUNCIL CONFIRMATION:

 

A.      Notification of the re-appointment of Mary Healey to the Commission on Disabilities, subject to City Council confirmation, for a term to expire on May 31, 2008. (Attachments)  Reappointment confirmed on a roll call 11-0

 

TRANSMITTAL

 

3.  AIRPORT:

 

A.      Communication relative to recently enhancing the airport’s presence within the City website. (Attachments)  Referred to Public Service & Transportation Committee

 

4.  ASSESSORS:

 

A.      Communication relative to the FY2006 residential and commercial property values and an abatement history for the past five years (2001-2005). (Attachments)   Referred to Municipal Operations Committee

 

B.      Communication relative to the tax implications on both telecommunications companies and other companies. (Attachments) Referred to Municipal Operations Committee

 

5.  BUDGET OFFICE:

 

A.      Communication regarding my intention to submit the City of Worcester recommended Fiscal 2006 Budget to the Worcester City Council on May 24, 2005. (Attachments)  Placed on file

 

6.  CODE ENFORCEMENT:

 

A.      Request adoption of a resolution to file and accept with gratitude, a donation of ten (10) trees to the Worcester Senior Center, by Mr. Russell B. Eames. (Attachments)   Resolution adopted with gratitude

 

B.      Communication relative to the administrations efforts to both streamline and strengthen the important work of the City’s boards and commissions. (Attachments)   Referred to Municipal Operations Committee and Ethnic & Minority Affairs Committee

 

C.      Communication relative to the circumstances surrounding a cease and desist order that was issued at 208 Pleasant Street. (Attachments)  Placed on file

 

D.      Communication relative to the Department of Code Enforcement Status Report. (Attachments)  Referred to Municipal Operations Committee

 

7.  COMMUNICATIONS:

 

8.  ECONOMIC DEVELOPMENT:

 

9.  ELDER AFFAIRS:

 

A.      Communication regarding the fifth year anniversary celebration of the Worcester Senior Center. (Attachments)   Placed on file

 

B.      Request adoption of a resolution to file and accept with gratitude, a donation of an American Flag to the Worcester Senior Center by the Worcester Veterans Council. (Attachments)   Resolution adopted with gratitude

 

C.      Communication relative to National Volunteer Week (April 17-23) celebrated at the Worcester Senior Center Campus to honor its many volunteers. (Attachments)   Placed on file

 

10.  ELECTION COMMISSION:

 

11.  EMERGENCY MANAGEMENT:

 

12.  EMPLOYMENT & TRAINING:

 

13.  FIRE:

 

14.  HUMAN RESOURCES:

 

15.  LAW:

 

16.  LICENSE COMMISSION:

 

17.  NEIGHBORHOOD SERVICES:

 

A.      Request adoption of an Executive Summary and Resolution to file and accept a U.S. Department of Justice, Community Capacity Development Office for the Volunteer Income Tax Assistance Program FY’05 grant. (Attachments)  Resolution adopted

 

B.      Request adoption of an Executive Summary and Resolution to file and accept a U.S. Department of Justice FY’05 Weed and Seed grant application. (Attachments)  Resolution adopted – Also referred to Public Safety Committee for informational purposes

 

C.      Communication relative to a follow-up to May 10, 2005 City Council item regarding Tax Lien Sales. (Attachments)  Councilor Lukes recused on a roll call 9-0 (Irish absent) – Referred to Municipal Operations Committee

 

18.  PARKS, RECREATION & CEMETER   

 

A.      Request adoption of a resolution to file and accept with gratitude, a donation in the amount of $26,107.00 from the Worcester Ice Cats, Peterson Oil Service, and the Worcester Telegram & Gazette, to help subsidize the City of Worcester’s “Afternoon Summer Recreation Program”. (Attachments)   Resolution adopted with gratitude

 

B.      Communication relative to the City of Worcester being named a “Tree City USA” for the nineteenth consecutive year, and a “Growth Award” recipient for the sixth consecutive year. (Attachments)  Placed on file

 

C.      Request adoption of the attached resolution to file and accept with gratitude, a donation in the amount of $1,057.00 from Mr. Vite Pigaga and Family for the purchase and installation of a bench at Green Hill Municipal Golf Course. (Attachments)  Resolution adopted with gratitude

 

D.      Communication relative to an invitation to the third public hearing on the Master Plan Initiative for Improvements to the Coes Pond Park Facilities. (Attachments)  Placed on file

 

19.  POLICE:

 

A.      Communication relative to the Worcester Police Departments efforts to research the viability of a mounted police unit. (Attachments)   Referred to Public Safety Committee

 

B.      Communication regarding the number of noise pollution ordinance citations for the second quarter of 2005. (Attachments)   Referred to Public Safety Committee

 

20.  PUBLIC HEALTH:

 

21.  PUBLIC LIBRARY:

 

22.  PUBLIC SCHOOLS:

 

23.  PUBLIC WORKS:

 

A.      Communication relative to the Keep Worcester Clean (KWC) January, February, and March Activity reports. (Attachments)   Referred to Public Works Committee

 

B.      Communication relative to the city’s Shut-Off Policy for overdue water and sewer fees. (Attachments)   Referred to Public Works Committee

 

24.  PURCHASING:

 

25.  TECHNICAL SERVICES:

 

26.  TREASURY:

 

A.      Request adoption of an Order relative to the Transfer of Jurisdiction of Land at #1 and #9 Chilmark Street to the Department of Parks, Recreation and Cemetery. (Attachments)   Order adopted on a roll call 10-0 (White absent)

 

27.  VETERANS SERVICES:

 

A.      Communication relative to an invitation to a re-dedication of the Canterbury Street School World War I Veterans’ plaque.  The ceremony will occur during the school’s Memorial Day Program on Thursday, May 26^th at 9:00 AM in the Cafetorium. (Attachments)   Placed on file

 

28.  FINANCE:

 

A.      Recommend that Five Hundred Five Thousand Dollars ($505,000.00) be transferred from Account #91C713, Water Mains, and appropriated to Account #45C720, Water Mains, to provide funds for the purpose of payment for contractual obligations related to various water main construction projects, as approved in the Capital Improvement Program. (Attachments)   Order adopted on a roll call 11-0

 

B.      Recommend that Six Thousand Three Hundred Dollars ($6,300.00) be transferred from Account #91C741, Street Construction, and appropriated to Account #41C720, Traffic Improvements, to allow for the payment of contractual obligations related to improvements at Pearl Street, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 11-0

 

C.      Recommend that One Hundred Ten Thousand Dollars ($110,000.00) be transferred from Account #91C732, Water Building Rehabilitation, and appropriated to Account #45C704, Water Building Rehabilitation, for the payment of contractual obligations related to masonry, window, and boiler replacement including engineering and other miscellaneous charges for the Water Department building, as approved in the Capital Improvement Program. (Attachments)   Order adopted on a roll call 11-0

 

D.      Recommend that One Hundred Six Thousand and Forty Five Dollars ($106,045.00) 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 5 Ton Dump Truck, for the Water Department, as approved in the fiscal 2005 Capital Improvement Program. (Attachments)  Order adopted on a roll call 11-0

 

E.      Recommend that Four Hundred Fifty Thousand Dollars ($450,000.00) be transferred from Account #91C741, Street Construction, and appropriated to Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations for the various citywide resurfacing. (Attachments)  Order adopted on a roll call 11-0

 

F.      Recommend that Forty Five Thousand Dollars ($45,000.00) be transferred when and as received from Account #91C735, Sewer Building Rehabilitation, and appropriated to Account #44C705, Sewer Building Rehabilitation, for the purpose of payment for contractual obligations related to project engineering, HVAC, window replacement, and other miscellaneous charges for the Sewer Department building, as approved in the Capital Improvement Program. (Attachments)   Order adopted on a roll call 11-0

 

G.      Recommend that One Hundred Fifty Six Thousand One Hundred Fifty Four Dollars ($156,154.00) be transferred when and as received from Account #91C734, Sewer Capital Equipment, and appropriated to Account #44C704, Sewer Department Capital Equipment, for the purpose of purchasing a Catch Basin Cleaner for the Sewer Department, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 11-0

 

H.      Recommend that Three Hundred Fifty Thousand Dollars ($350,000.00) be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C732, Sewer Systems Control Plan, to provide funds for the purpose of payment for contractual obligations related to the comprehensive review of the existing CSO system in compliance with the Consent Order agreed upon in fiscal 2000 with Federal and State regulators, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 11-0

 

I.       Recommend that Five Hundred Thousand Dollars ($500,000.00) be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C744, Sewer Construction, to provide funds for the purpose of payment for contractual obligations related to various sewer construction projects, as approved in the Capital Improvement Program. (Attachments)   Order adopted on a roll call 11-0

 

J.       Recommend that Two Hundred Thousand Dollars ($200,000.00) be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C739, Lateral Sewers, to provide funds for the purpose of payment for contractual obligations related to various lateral sewer construction projects, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 11-0

 

K.      Recommend that Two Hundred Ten Thousand Dollars ($210,000.00) be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C771, Infiltration & Inflow, to provide funds for the purpose of payment for contractual obligations related to various sewer infiltrations remedial projects, as approved in the Capital Improvement Program. (Attachments)   Order adopted on a roll call 11-0

 

L.      Recommend that One Hundred Fifty Thousand Dollars ($150,000.00) be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C764, Sewer Pumping, to provide funds for the purpose of payment for contractual obligations related to various sewer pumping projects, as approved in the Capital Improvement Program. (Attachments)   Order adopted on a roll call 11-0

 

M.     Recommend that Eighteen Thousand Dollars ($18,000.00) be transferred from Account #900-92000, City Manager’s Contingency Account Ordinary Maintenance, and appropriated to Account #372-92000, Veteran Quarters Ordinary Maintenance, to provide funding for the maintenance of GAR Hall for FY2005. (Attachments)  Order adopted on a roll call 10-0 (Haller absent)

 

N.      Recommend that Six Hundred Thousand Dollars ($600,000.00) be transferred from Account #91C744, Off Street Parking Building Rehabilitation, and appropriated to Account #46C704, Federal Building Rehabilitation, to provide funds for the payment of contractual obligations related to engineering services, project management, construction, and other miscellaneous charges for the rehabilitation for the Federal Plaza Garage, as approved in the Capital Improvement Program. (Attachments)   Order adopted on a roll call 11-0

 

O.      Recommend that Four Hundred Fifty Thousand Dollars ($450,000.00) be transferred from Account #91C741, Street Construction, and appropriated to Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations for various citywide resurfacing. (Attachments)  Order adopted on a roll call 11-0

 

P.      Recommend that One Hundred Seventy Five Thousand One Hundred Fifty Seven Dollars and Fifty Cents ($175,157.50) be transferred from Account #330-40, Reserve for Appropriation, 1% Federal Reimbursement and appropriated to the following accounts:

 

ACCOUNT	DEPARTMENT	AMOUNT
600-91099	Purchasing	$  45,982.50
650-91099	Auditing	$  58,522.50
170-91099	Human Resources	$    2,102.50
660-91099	Treasury	$  35,862.50
040-91099	City Manager	$  32,562.50
040-92099	City Manager	$       125.00
	Total	$175,157.50

         

                to provide funds for the purpose of providing indirect services related to certain Federal and State Grants. (Attachments)  Order adopted on a roll call 11-0

               

Q.      Recommend that Sixty Five Thousand Dollars ($65,000.00) 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 Bell Hill improvements, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 11-0

 

R.      Recommend that Four Million Dollars ($4,000,000.00) 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. (Attachments)   Order adopted on a roll call 11-0

 

29.  MISCELLANEOUS:

 

A.      Communication relative to land off Olean Street and Cataract Street, available for sale, abutting restricted land currently owned by the City and the Reservoir. (Attachments)   Placed on file

 

12.     RECESS TO FINANCE AND ORDINANCE:  No Action Taken

 

          FINANCE

A.      #21A CM  May 3, 2005

Communication of the City Manager concerning hours of operation at the Frances Perkins Branch Library.  (Attachments)

 

COMMUNICATION

 

13.     Roberta Schaefer, Executive Director, Worcester Regional Research Bureau transmitting:  The FY06 Budget:  Are increasing taxes and reducing services the only options?  (Attachments)   Referred to Administration for response

 

RESOLUTION

 

13a.   That the City Council of the City of Worcester go on record in opposition to Senate Bill 1272 because of the loss of local legislative control, i.e. City Councils, Boards of Selectmen, etc. of the potential of a community based needle exchange program. Motion-Rushton @ #10CC – Adopted 11-0      Attachments)  

 

REPORTS

 

          14-16 REFERRED TO LAND USE COMMITTEE FOR HEARINGS

 

14.     REPORT OF THE PLANNING BOARD Upon the Petition of Lisa Pappas requesting to extend BL-1 zoning through all of 32 and 36 Mower St.  (Attachments)

 

15.     REPORT OF THE PLANNING BOARD Upon the Petition of Gail LaGoy et al requesting a zone change from RG-5 to RL-7 for North St., Milton St. and Byron St.  (Attachments)

 

16.     REPORT OF THE PLANNING BOARD Upon the Petition of Mark Lindstrom requesting to rezone land at 7 Riley St. from RG-5 back to MG-2.0 so owner of said lot can erect a commercial metal building for storage use.  (Attachments)

 

          17 REFERRED TO PUBLIC WORKS COMMITTEE

 

17.     REPORT OF THE PLANNING BOARD Upon the Petition of Daniel Bondzie requesting to make public Gediminas St.  (Attachments)

 

TABLED ITEMS – No Action Taken

 

18.     Order – Request City Council to vote its opposition to any raises for City Council for the 2006 term. (Lukes) (Tabled January 18, 2005) (Attachments) 

 

19.     DECREE TO MAKE PUBLIC: MIAMI ST. (Tabled April 12, 2005) (Attachments)  

 

20.     REPORT ON THE COMMITTEE ON ORDINANCES Upon the Report of the Planning Board Upon the Petition of Katherine Robertson, Project Manager, Gardner-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 and Girls Club and Clark University athletic fields: recommend adoption of the accompanying Order.       (Tabled April 12, 2005) (Attachments) 

 

21.     REPORT ON THE COMMITTEE ON ORDINANCES Upon the Report of the Planning Board Upon the Petition of Katherine Robertson, Project Manager, Gardner-Kilby-Hammond LLC request City of Worcester close, abandon and remove from the Official Map that portion of Ripley St. from southeast lot line of #41 to its terminus with current Tainter St. to facilitate construction of the proposed new Boys and Girls Club and Clark University athletic fields: recommend adoption of the accompanying Order.  (Tabled April 12, 2005) (Attachments)   

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

MAY 17, 2005    5:30 P.M. CANCELLED	TRAFFIC & PARKING	COUNCIL CHAMBER
MAY 18, 2005    6:00 P.M.	JOINT PUBLIC WORKS AND COMMERCE & DEVELOPMENT	COUNCIL CHAMBER Re: CitySquare & DIF
MAY 24, 2005    5:00 P.M.	PUBLIC WORKS	COUNCIL CHAMBER
MAY 26, 2005    6:00 P.M.	JOINT PUBLIC WORKS AND COMMERCE & DEVELOPMENT	COUNCIL CHAMBER Re: CitySquare & DIF