CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – NOVEMBER 1, 2005

7:00 P.M.

Convened: 7:11 P.M.

Adjourned 8:41 P.M.

 

 

 

1.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

2.       ROLL CALL – All present except Councillor Haller.

 

3.       ITEMS OF CITIZEN INTEREST

 

3a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

HEARING AND ORDER

 

          4 – HEARING HELD

 

4.       MASSACHUSETTS ELECTRIC CO. & VERIZON NEW ENGLAND INC. for joint or identical pole location on: SUNRISE AVE.

 

          4a – ORDER ADOPTED

 

4a.     Granting permission to MASSACHUSETTS ELECTRIC CO. & VERIZON NEW ENGLAND INC. for joint or identical pole location on: SUNRISE AVE. (Attachments)

 

PETITIONS

 

          5-63 REFERRED TO PUBLIC WORKS COMMITTEE

 

5.       Councillor Barbara G. Haller request repaving of St. John’s Rd. (Attachments)

 

6.       Councillor Barbara G. Haller request repaving of Sargent St. (Attachments)

 

7.       Councillor Barbara G. Haller request repaving of Schussler Rd. (Attachments)

 

8.       Councillor Barbara G. Haller request repaving of Scott St. (Attachments)

 

9.       Councillor Barbara G. Haller request repaving of Sever St. from Highland St. to Dayton St. (Attachments)

 

10.     Councillor Barbara G. Haller request repaving of Shepard St. (Attachments)

 

11.     Councillor Barbara G. Haller request repaving of Sheridan St. (Attachments)

 

12.     Councillor Barbara G. Haller request repaving of Sherman St. (Attachments)

 

13.     Councillor Barbara G. Haller request repaving of Shirley St. (Attachments)

 

14.     Councillor Barbara G. Haller request repaving of Somerset St. (Attachments)

 

15.     Councillor Barbara G. Haller request repaving of South Ward St. (Attachments)

 

16.     Councillor Barbara G. Haller request repaving of Sterling St. (Attachments)

 

17.     Councillor Barbara G. Haller request repaving of Stone St. (Attachments)

 

18.     Councillor Barbara G. Haller request repaving of Sudbury St. (Attachments)

 

19.     Councillor Barbara G. Haller request repaving of Sutton Ln. (Attachments)

 

20.     Councillor Barbara G. Haller request repaving of Sycamore St. (Attachments)

 

21.     Councillor Barbara G. Haller request repaving of Thayer Ct. (Attachments)

 

22.     Councillor Barbara G. Haller request repaving of Trowbridge Rd. (Attachments)

 

23.     Councillor Barbara G. Haller request repaving of Vernon St. (Attachments)

 

24.     Councillor Barbara G. Haller request repaving of West Hampton St. (Attachments)

 

25.     Councillor Barbara G. Haller request repaving of Wachusett St. (Attachments)

 

26.     Councillor Barbara G. Haller request repaving of Walnut St. (Attachments)

 

27.     Councillor Barbara G. Haller request repaving of Ward St. (Attachments)

 

28.     Councillor Barbara G. Haller request repaving of Washburn St. (Attachments)

 

29.     Councillor Barbara G. Haller request repaving of Washington St. (Attachments)

 

30.     Councillor Barbara G. Haller request repaving of Wesby St. (Attachments)

 

31.     Councillor Barbara G. Haller request repaving of West St. (Attachments)

 

32.     Councillor Barbara G. Haller request repaving of Winfield St. (Attachments)

 

33.     Councillor Barbara G. Haller request repaving of Woodbine St. (Attachments)

 

34.     Councillor Barbara G. Haller request repaving of Woodland St. between May St. and Downing St. (Attachments)

 

35.     Councillor Barbara G. Haller request repaving of Woodward St. (Attachments)

 

36.     Councillor Barbara G. Haller request repaving of Worth St. (Attachments)

 

37.     Councillor Barbara G. Haller request sidewalk repair on Home St. (Attachments)

 

38.     Councillor Barbara G. Haller request sidewalk repair on Ionic Ave. (Attachments)

 

39.     Councillor Barbara G. Haller request sidewalk repair on Irene St. (Attachments)

 

40.     Councillor Barbara G. Haller request sidewalk repair on John St. (Attachments)

 

41.     Councillor Barbara G. Haller request sidewalk repair on Kendig St. (Attachments)

 

42.     Councillor Barbara G. Haller request sidewalk repair on Kilby St. (Attachments)

 

43.     Councillor Barbara G. Haller request sidewalk repair on King St. (Attachments)

 

44.     Councillor Barbara G. Haller request sidewalk repair on Lafayette St. (Attachments)

 

45.     Councillor Barbara G. Haller request sidewalk repair on Lamartine St. (Attachments)

 

46.     Councillor Barbara G. Haller request sidewalk repair on Langdon St. (Attachments)

 

47.     Councillor Barbara G. Haller request sidewalk repair on Lodi St. (Attachments)

 

48.     Councillor Barbara G. Haller request sidewalk repair on Lucian St. (Attachments)

 

49.     Councillor Barbara G. Haller request sidewalk repair on Madison St. (Attachments)

 

50.     Councillor Barbara G. Haller request sidewalk repair on Malvern Rd. (Attachments)

 

51.     Councillor Barbara G. Haller request sidewalk repair on Marble St. (Attachments)

 

52.     Councillor Barbara G. Haller request sidewalk repair on Mason St. (Attachments)

 

53.     Councillor Barbara G. Haller request sidewalk repair on Maywood St. (Attachments)

 

54.     Councillor Barbara G. Haller request sidewalk repair on Meade St. (Attachments)

 

55.     Councillor Barbara G. Haller request sidewalk repair on Millbury St. (Attachments)

 

56.     Councillor Barbara G. Haller request sidewalk repair on Newbury St. (Attachments)

 

57.     Councillor Barbara G. Haller request sidewalk repair on Oliver St. (Attachments)

 

58.     Attorney Robert Longden on behalf of EJR Real Estate Trust, request to modify the existing municipal drainage easement located within the property owned by petitioner at 112 Gold Star Blvd. by abandoning a portion of the easterly side of the easement approximately 10’ in width. (Attachments)

 

59.     Gina Greenleaf et al request the City of Worcester relocate/alter the terminus of Russell Calvin Dr. so that Russell Calvin Dr. and Taj Dr. become a dead end road and that traffic does not pass between these two streets. (Attachments)

 

60.     Nancy Poole and Adele Richmond request street repair in front of 21 Taunton St. (Attachments)

 

61.     Renee Harrison et al request to install two catch basins at the end of South Flagg St. (Attachments)

 

62.     Ramon Roman request sidewalk repair in front of 111 Millbury St. (Attachments)

 

63.     Ramon Roman request sidewalk repair in front of 100 Chandler St. (Attachments)

 

          64-67 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

64.     Maria Sotiriadis request removal of two handicap parking signs opposite 76 Townsend St. (Attachments)

 

65.     Murilo Pereira request Resident Permit Parking at 69 Fox St. (Attachments)

 

66.     Mayor Timothy P. Murray and Councillor Frederick C. Rushton request installation of a three way Stop at Hope Ave. and Webster St. (Attachments)

 

67.     Peter Salek request to extend the existing nighttime truck ban to 24 hours a day on Ludlow St. (Attachments)

 

          68 & 69 HEARINGS SET FOR NOVEMBER 15, 2005–7:00 P.M.

 

68.     FIBER TECHNOLOGIES NETWORKS, L.L.C. to install and maintain fiber optic telecommunications facilities at: CHATHAM ST. (Attachments)

 

69.     MASSACHUSETTS ELECTRIC CO. AND VERIZON NEW ENGLAND INC. for joint or identical pole location on: STAFFORD ST. (Attachments)

 

CHAIRMAN’S ORDERS

 

          70 FROM LAND USE - ADOPTED

 

70.     Request City Manager request that Leicester residents and property owners be invited to the hearings to be conducted before the Worcester Planning Board concerning development of property located at 1511 Main St. (Attachments)

 

          71 FROM MILITARY AFFAIRS - ADOPTED

 

71.     Request City Solicitor provide the City Council with a report identifying any existing statutory penalties against any individual found to be impersonating a veteran. (Attachments)

 

          72 & 73 FROM MUNICIPAL OPERATIONS - ADOPTED

 

72.     Request that the elderly real estate tax abatement be increased from $500 to $700 annually. (Attachments)

 

73.     Request City Manager provide City Council with a listing of eligibility requirements for real estate abatements and exemptions available to Worcester property owners. (Attachments)

 

          74 FROM PUBLIC SAFETY - ADOPTED

 

74.     Request City Manager request the Police Chief to provide City Council with a draft policy utilizing cameras as a tool for traffic enforcement and/or combating crime and a cost benefit analysis on implementing this policy. (Attachments)

 

ORDERS

 

75.     Request creation of a Standing Committee on Energy Resources and Conservation. (White) (Attachments) Referred to Rules & Regulations Committee

 

76.     Request City Manager explore funding for the operation of a fee-free trolley service, perhaps in conjunction with the Worcester Regional Transit Authority, to transport people in several vehicles along two circular routes; the first between Union Station, Federal Square, City Hall, north Main St., Gateway Park and the DCU Centre, and the second between Union Station, along Shrewsbury St., Bio-Tech Park, both UMass campuses, Gateway Park, and the DCU Centre and the Canal District. Both routes would convenience commuters, visitors and workers to navigate major points in the core city, reduce traffic congestion and emissions and act as part of our overall economic development strategy. (Petty) (Attachments)  Adopted

 

77.     Request City Manager report to City Council regarding the feasibility of preparing a comprehensive energy audit and capital improvement request-for-proposals relating to all municipal buildings, including the school department, in anticipation of pending legislative changes under consideration at the State House. (Murray, White) (Attachments)  Adopted

 

78.     Request City Manager report to City Council protocols that exist and will be implemented in the future when either a State of Emergency or a Public Health Disaster is determined to exist in the City of Worcester; what equipment, vehicles, instructions and supplies are available to and will be distributed by City employees to residents/businesses in the City to abate either flooding, sewerage back-up, wind damage, etc. (Petty) (Attachments)  Adopted

 

79.     Request City Manager report to City Council what, if any, monitoring is in place concerning silt infiltration into the Patches and Coes waterways, including possible remedies to address said problems. (Murray, Rushton, Petty, Perotto) (Attachments)  Adopted

 

80.     Request Administration report on what prevention and surveillance policies the City has developed regarding the bird flu pandemic and including control of water fowl in city parks. (Lukes) (Attachments)  Adopted

 

81.     Request Administration report on what municipal parking fee accommodations have been concluded on behalf of GAR restaurant. (Lukes) (Attachments) Adopted – Request report for November 15, 2005 City Council Meeting

 

81a.   Request Administration to provide a report to the City Council detailing the consequences of increasing the real estate tax abatement from $500 to $700 annually, the legal impact of the vote to approve the increase, and if the vote can be rescinded and under what conditions. Motion Lukes @ #72 CC – Adopted (Attachments)

 

81b.   Request Administration to request the Assessor to provide the City Council with a report regarding the total number of dollars needed to fund the increase in the elderly real state abatement if approved. Motion Gomez @ #72 CC – Adopted (Attachments)

 

81c.   Request Administration report on the feasibility of placing automated phone calls in groups, to each of the homes in advance of their particular trash pick up day, to inform residents immediately prior to the start of the leaf pick up program in their neighborhood. Motion Clancy @ #88 CC – Adopted (Attachments)

 

81d.   Request Administration request the Police Chief to provide foot patrols in the vicinity of Burncoat St. for the next few weeks. Palmieri – Suspension of Rules – Adopted (Attachments)

 

81e.   Request City Manager report to the City Council on the flooding issues in the vicinity of 44 St. Anthony St. that are the result of a blocked City culvert and flooded area that belongs to the City. Clancy – Suspension of Rules – Adopted (Attachments)

 

81f.    Request City Manager report to the City Council on the condition of the catch basin at 33 Dupuis Ave. and whether it is working properly. Clancy – Suspension of Rules – Adopted (Attachments)

 

81g.   Request Administration report on all tree planting and/or re-planting ordinances, rules, and regulations. Murray – Suspension of Rules – Adopted (Attachments)

 

81h.   Request Administration to consider changing the name of Worcester Center Boulevard to Major Taylor Boulevard and consider strategies to promote public art and interpretive elements with bicycle themes along the boulevard. (Murray, Rushton, White, Petty, Perotto, Clancy, Haller, Irish, Palmieri, Gomez, Lukes) – Suspension of Rules – Adopted (Attachments)

 

82.     RECESS TO FINANCE AND ORDINANCE- No items pending

 

COMMUNICATIONS

 

83.     Robert A. Schaefer, Executive Director, Worcester Regional Research Bureau transmitting report regarding Benchmarking the Research Bureau 1985-2005. (Attachments)  Placed on file

 

84.     James A. DelSignore, City Auditor, transmitting September 2005 Auditor’s Report. (Attachments)  Referred to Municipal Operations Committee

 

85.     Michael V. O’Brien, City Manager requesting City Council set the Tax Classification Hearing for November 22, 2005.  (Attachments)  City Council set Tax Classification Hearing for November 29, 2005

 

86.     Michael V. O’Brien, City Manager, transmitting communication relative to an invitation to a ribbon cutting ceremony for the opening of the Bell Hill Park and Playground. (Attachments)  Placed on file

 

87.     Michael V. O’Brien, City Manager, transmitting communication relative to an agreement reached by the Massachusetts Nurses Association and the City of Worcester for the Worcester Public Health Nurses. (Attachments)  Referred to Municipal Operations Committee

 

88.     Michael V. O’Brien, City Manager, transmitting communication relative to the 2005 Fall Leaf Collection Program. (Attachments)  Referred to Public Works Committee

 

89.     Michael V. O’Brien, City Manager recommending that the Table of Organization for the Worcester Regional Airport be amended by adding the position of one Security Guard/Crash Crewman, Paygrade 34 to the Airport.   (Attachments)  Order adopted

 

90.     Michael V. O’Brien, City Manager recommending that $25,000.00 be transferred from Account #91C711, Building Rehabilitation to Account #25C702, Police Department Building Rehabilitation to provide funds to improve building conditions at Police Headquarters, 9-11 Lincoln Square.   (Attachments)  Order adopted on a roll call 10-0 (Haller absent) Referred to Public Safety Committee for informational purposes only

 

91.     Michael V. O’Brien, City Manager transmitting communication relative to City Council request to verify that the City was unable to request an extension of the current Civil Service list under current Massachusetts Department of Human Resources rules and regulations.

          (Attachments)  Placed on file

 

REPORTS

 

          92 & 93 VOTED TO ADVERTISE PROPOSED ORDINANCES

 

92.     REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board Upon the Petition of Charles Esoian request to change RL-7 zone at 1181 West Boylston St. to BL-1.0: recommend passage of the accompanying proposed Ordinance. (Attachments)

 

93.     REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board Upon the Petition of William Randell request to amend the City of Worcester Zoning Map in the area bounded by Dewey St. to the west, a portion of the parcels along the existing BG-3.0/MG-1.0 zone line to the north, the centerline of Mason St. to the east, and the parcels on both sides of Mason Ct. to the south, along the rear yard of 101 Dewey St. and the side yard between 99 and 101 Dewey St.: recommend passage of the accompanying proposed Ordinance. (Attachments)

 

          94 ACCEPTED & ORDER ADOPTED

 

94.     REPORT OF THE COMMITTEE ON MILITARY AFFAIRS Upon the Petition of Michael Keating request a revised plaque be placed on the Thomas F. Keating Memorial stating injured in action, not missing: recommend adoption of the accompanying Order authorizing the Veterans’Agent to install an additional plaque on the Thomas F. Keating Memorial, costs to be assumed by the petitioner. (Attachments)

 

          95-99 ACCEPTED

 

95.     REPORT OF THE COMMITTEE ON MILITARY AFFAIRS Upon the Petition of Albert J. Belmonte request the Pavilion at East Park be named after Colonel Alexander J. Belmonte Ret. who was a former Shrewsbury St. resident and the first Italian American from Massachusetts to graduate from the U.S. Military Academy at West Point in 1945: recommend Petition be referred to Parks and Recreation Commission. (Attachments)

 

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

 

96.     Relative to information on the WWI Plaque located at the Canterbury St. School. (Attachments)

 

97.     Relative to implications to the annual budget of the Veterans’ Services Department. (Attachments)

 

98.     REPORT OF THE COMMITTEE ON MILITARY AFFAIRS Upon the Petition of Albert J. Belmonte request that the City of Worcester recognize that Colonel Alexander J. Belmonte Ret. formerly of 264 Shrewsbury St. became the first Italian American from Worcester and possibly the State of Massachusetts to enter the U.S. Military Academy at West Point in June of 1942 at a time when Italy, along with Germany and Japan, were at war with the U.S. He was honored by Governor Paul Cellucci in October 1999: recommend Petition be placed on file. (Attachments)

 

99.     REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager relative to providing a systematic increase in the number of qualifying taxpayers for Section 51 of the Elderly Exemption: recommend Communication be placed on file. (Attachments)

 

          100 ACCEPTED

 

100.   REPORT OF THE PLANNING BOARD Upon the Petition of Arthur Muenzenmayer and Patricia Coyle request to remove a 200 foot portion of Woodrow St., a private street, between Dallas St. and Empire St. (Attachments)

 

          101-108 REFERRED TO LAND USE COMMITTEE

 

101.   REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Mark Donahue on behalf of W.B. Realty, LLC request to change the zone classification of Lot 2, 256 Sunderland Rd., consisting of 76,390 square feet of land from RS-7 to RL-7. (Attachments)

 

102.   REPORT OF THE PLANNING BOARD Upon the Petition of Councillors Barbara G. Haller, Michael C. Perotto, Dennis L. Irish, and Mayor Timothy P. Murray on behalf of Chandler St. Business Association request a Parking District Overlay Zone be installed along both sides of Chandler St. corridor between Main St. and Park Ave. (Attachments)

 

103.   REPORT OF THE PLANNING BOARD Upon the Petition of John Shea et al on behalf of the Planning Board request to amend the Zoning Map of the City of Worcester from BL-1 to RG-5 by extending the RG-5 zone from its current location on the property of 653 Plantation St. to the existing zone line separating BL-1.0 & BO-2.0 zones. (Attachments)

 

104.   REPORT OF THE PLANNING BOARD Upon the Petition of John Shea et al on behalf of the Planning Board request to amend the City of Worcester Zoning Ordinance by adding the following standard to Article V, sec. 5 (2) Standards for review: “Adequacy of plans and protective measures to ensure minimal risk of contamination to surface or ground water”. (Attachments)

 

105.   REPORT OF THE PLANNING BOARD Upon the Petition of John Shea et al on behalf of the Planning Board request to amend the City of Worcester Zoning Ordinance by adding the following limitation to Article IV Sec. 8 (III) (A): External activities, such as deliveries, noise, etc. shall be prohibited prior to 9:00 A.M. and after 5:00 P.M. (Attachments)

 

106.   REPORT OF THE PLANNING BOARD Upon the Petition of Stephen Madaus, Esq. Attorney for GFI Properties, LLC request a zone change from MG-2.0 to RG-5.0 at 92 Grand St. (Attachments)

 

107.   REPORT OF THE PLANNING BOARD Upon the Petition of Pandian Arumugam request to pull the RG-5 zone line to include the entire parcel located at 58 Suffolk St. which is split between MG-2.0 and RG-5.(Attachments)

 

108.   REPORT OF THE PLANNING BOARD Upon the Petition of Stephen Madaus, Esq. on behalf of Helen Costa and Francis McIntyre request to amend two parcels of land located at 47 Benefit St. and 49-51 Benefit St. from their current zoning designation of partially RG-5 and MG-2.0 to RG-5 entirely. (Attachments)

 

          109-115 ACCEPTED

 

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

 

109.   Relative to crime statistics for the sector surrounding Quinsigamond Community College for the months of January 2005 through March 2005 and a comparative report of these statistics for the months of January 2004 through March 2004. (Attachments)

 

110.   Relative to a string of nighttime break-ins throughout the City. (Attachments)

 

111.   Relative to a draft policy on the use of surveillance cameras prior to activation of the camera installed at 701 Main St. (Attachments)

 

112.   Relative to the inclusionary plan to increase the number of women and minorities in City employment. (Attachments)

 

113.   Relative to a copy of the previous strategic plan for the Worcester Police Department. (Attachments)

 

114.   Relative to the number of noise pollution ordinance citations for the second quarter of 2005. (Attachments)

 

115.   Relative to the strategies that will be used to enforce the Noise Pollution Ordinance this spring and summer. (Attachments)

 

TO BE ORDAINED

 

          116 ORDAINED ON A ROLL CALL 10-0 (HALLER ABSENT)

 

116.   Amending the Salary Ordinance of August 20, 1996 – Occupational Group EM – Executive Management – Assistant City Manager for Economic & Neighborhood Development. (Attachments)

 

TABLED UNDER PRIVILEGE

 

117.   Communication of the City Manager recommending that One Hundred Forty Two Thousand Three Hundred Twenty Three Dollars ($142,323.00) be transferred from Account #91C744, Off Street Parking Building Rehabilitation, and appropriated to Account #46C704, Federal Plaza Garage Rehabilitation, to allow for the payment of current and future obligations for contractual, engineering, and other miscellaneous costs for the rehabilitation of the Federal Plaza Garage, as approved in the Capital Improvement Program. (Attachments) (Tabled October 25, 2005 – Lukes) Councillor Lukes moved to Table – Denied on a roll call vote of 2 Yeas (Gomez, Lukes) and 8 Nays (Clancy, Irish, Palmieri, Perotto, Petty, Rushton, White, Murray) (Haller absent) – Taken off the Table and Order adopted on a roll call vote of 9 Yeas (Clancy, Gomez, Irish, Palmieri, Perotto, Petty, Rushton, White, Murray) and 1 Nay (Lukes) – (Haller absent)

 

TABLED ITEMSNo Action Taken

 

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

 

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

 

120.   Communication of the City Manager relative to the Abatements and Exemptions for Fiscal 2003 through Fiscal 2005. (Tabled July 19, 2005) (Attachments)

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

NOVEMBER 14, 2005

     6:00 P.M.

 

JOINT MUNICIPAL OPERATIONS & HEALTH

 

COUNCIL CHAMBER

NOVEMBER 15, 2005

    5:15 P.M.

TRAFFIC & PARKING

COUNCIL CHAMBER

 

 

 

 

NOVEMBER 16, 2005

    6:00 P.M.

PUBLIC WORKS

COUNCIL CHAMBER

 

 

 

 

NOVEMBER 21, 2005

    4:00 P.M.

LAND USE

COUNCIL CHAMBER