CITY OF WORCESTER
CITY CLERK DEPARTMENT
JOURNAL
OF THE CITY COUNCIL
– DECEMBER 13, 2005
7:00 P.M.
Convened: 7:04 P.M.
Adjourned: 7:55 P.M.
1. PLEDGE
OF ALLEGIANCE/STAR SPANGLED BANNER
2. ROLL CALL-All present except Mayor Murray and Councillor
Petty.
3. ITEMS
OF CITIZEN INTEREST
4. ITEMS
OF DEPARTMENTAL OR EMPLOYEE INTEREST
PETITIONS
5 – 7 REFERRED TO PUBLIC WORKS
COMMITTEE
5. Councillor Joseph M. Petty on behalf of James Hines request
sidewalk repair in front of 6 Wentworth St. (Attachments)
6. Gerard Bergeron request abatement of sewer assessment #30970
in the amount of $3,292.32 on Chester St. (Attachments)
7. Yassah Woekolo request sidewalk repair at 63 Harrison St. (Attachments)
8
– 9 REFERRED TO TRAFFIC & PARKING COMMITTEE
8. Rose Milluzzo et al request to have two poles with signs which
read “Do not Park between Signs” placed within 5 ft. on either side of a new
driveway at 79 Hamilton St. (Attachments)
9. Barbara White on behalf of the Autumn Woods Neighborhood Group
request a “No Truck Route” sign be installed at the intersection of Upland St.
and Upland Gardens Dr. which is located at the entrance to the Autumn Woods
Housing Community. (Attachments)
10 – 11 FROM JOINT COMMITTEE ON MUNICIPAL OPERATIONS AND HEALTH–ADOPTED (11 AS AMENDED)
10. Request City Manager request the City
Solicitor to report to the City Council concerning whether or not a local
determination is allowed under current statute concerning sobriety when
consideration is being given to the siting of social service programming and
also whether the definition of what constitutes an educational organization is
defined by, or needs further clarification in statute. (Attachments)
11. Request City Manager provide the City Council with copies of any research or therapeutic data that might support the statement that fewer than eight people in a residential treatment program is of therapeutic benefit to the recipients. Councillor Lukes moved to amend to read: ‘eight people or fewer”. Adopted, as amended. (Attachments)
12 – 19
FROM PUBLIC SAFETY - ADOPTED
12. Request City Manager request the Commissioner of Health and Human Services provide the City Council with a list of those nine sites identified as staging sites to be employed in the event of a local catastrophe. (Attachments)
13. Request City Manager request the new Communications Director provide the City Council with a status report concerning the operations/organization of that department. (Attachments)
14. Request City Manager provide the City Council with a copy of the City’s Evacuation Plan that is in force and effect currently so that it can be used as a basis for the development of an updated plan. (Attachments)
15. Request City Manager provide the City Council with a report detailing any and all funds expended from a RSVP grant awarded the City for the training of neighborhood groups. (Attachments)
16. Request City Manager report to the City Council the methods that shall be employed to educate/inform the general public of the details of an emergency response and evacuation plan. (Attachments)
17. Request City Manager report to the City Council a summary of the table top, multi-agency emergency response drill that was conducted on September 17, 2005. (Attachments)
18. Request City Manager report to the City Council the protocols that will be followed for filling the position of Legal Advisor within the Worcester Police Department upon the separation from service of the present incumbent. (Attachments)
19. Request City Manager provide the City Council with a response as to whether or not the City is able to apply for additional grants as outlined in the documentation provided by the Main South Alliance for Public Safety. (Attachments)
20 - 24 FROM PUBLIC SERVICE & TRANSPORTATION – ADOPTED, EXCEPT 25-TABLED
20. Request City Manager provide the City Council with an update relative to the MBTA Capital Investment Program and the Commuter Rail Service Improvement Project. (Attachments)
21. Request City Manager provide the City Council with a comprehensive update on all issues surrounding commuter rail, Union Station and especially the attached parking facility. (Attachments)
22. Request City Manager work with Central Massachusetts Regional Planning Commission, Metropolitan Planning Organization and the Worcester Regional Transit Authority to develop an agenda and conduct a forum involving these agencies, the Administration, locally elected officials and other affiliated parties that will seek to establish areas for future coordinated efforts to plan for the growth of the region. (Attachments)
23. Request City Manager work with Worcester Regional Transit Authority to request that they supply the City of Worcester with planned WRTA route changes that will become effective in January, 2006, and post those changes on the cable television channels 12 and 13. (Attachments)
24. Request City Manager provide the City Council with a report relative to the progress the City shall follow to implement the recommendations made by IMG. (Attachments)
25. Request City Manager consider changing the
name of the Worcester Regional Airport as recommended in the IMG report so that
the new name shall include “Worcester”. Examples of suggested names include
Worcester-Boston Regional Airport and Boston Metro-Worcester Airport. (Attachments) TABLED-PEROTTO
26 - 29 FROM PUBLIC WORKS - ADOPTED
26. Request City Manager request the Commissioner of Public Works to provide the City Council with options for the construction of a cul-de-sac on Russell Calvin Dr. in the vicinity of it’s current intersection with Taj Dr. (Attachments)
27. Request City Manager request the Commissioner of Public Works to provide the City Council with plans for Mulberry St. pocket park and the relocation of the Cristoforo Colombo statue. (Attachments)
28. Request City Manager request the Commissioner of Public Works to provide the City Council with layouts of the following dead-end streets: Forkey Ave. and Laurelwood Dr. (Attachments)
29. Request City Manager request the Commissioner of Public Works provide the City Council with a complete listing of public and private streets that were addressed as a result of the October 2005 flooding. (Attachments)
30. Request Administration explore with the
Worcester Airport Commission and MassPort the feasibility of working with the
Massachusetts Technology Collaborative to locate wind turbines and/or solar
panels at Worcester Airport in compliance with FAA guidelines. (Murray) (Attachments) Tabled by the Chair – Murray absent
31. Request City Manager review the feasibility of the City of Worcester establishing and operating its own wireless, broadband telecommunication network to include a Voice-Over-Internet Protocol for municipal use as is done in Pepperell and Malden, Massachusetts. Said review to specifically include a pro forma and separate report regarding statutory opportunity, if any, to offer same as a municipal service to all city residents. (Irish, Petty) (Attachments) Tabled by the Chair – Irish, Petty absent
32. Request Administration provide a year-to-date report regarding addresses where more than two arrests were made on drug or weapons violations of the law. Further, request Administration provide the actual residential addresses of arrestees used to compile the report. (Haller) (Attachments) Adopted
33. Request Administration report on issues relating to the mill rehab project along the Worcester/Leicester line outlining neighborhood concerns and feasibility of using any vacant city land in proximity to said project to address any parking concerns. (Murray, Rushton) (Attachments) Adopted
34. Request City Manager to request the City Solicitor provide the City Council with a legal opinion establishing what type of recourse that property owners on private streets have against utilities and/or contractors who negatively disrupt private street surfaces. (Petty) (Attachments) Tabled by the Chair – Petty absent
35. Request City Manager provide the City
Council with a solution to the problems caused by utilities and private
contractors to the road surface of Wildwood Ave., a private street. (Petty, Rushton)
(Attachments) Adopted
36. Request City Manager provide the City
Council with a report as to the feasibility of installing a traffic signal at
the intersection of Mill St. and June St. (Petty, Rushton) (Attachments)
Adopted
37. Request City Manager provide the City Council with an update
regarding the status of the naming of the membership to the Energy Taskforce. (Murray)
(Attachments)
Tabled by the Chair – Murray absent
38. Request City Manager include in the monthly update of Economic
Development initiatives, the progress of drafting and preparation of
sustainable and energy efficient zoning and building code regulations for
recommendations in the city’s ordinances. (Lukes, Haller) (Attachments)
Councillor Perotto
moved to refer to Land Use Committee – Denied on a roll call 4-4 (Yes-Clancy,
Palmieri, Perotto, Rushton) (No-Gomez, Haller, Lukes, White) (Absent-Irish,
Petty, Murray). Order denied on a roll
call 4-4 (Yes-Gomez, Haller, Lukes, White) (No-Clancy, Palmieri, Perotto,
Rushton) (Absent-Irish, Petty, Murray)
39. Request Administration report on the grants program for green buildings available from the Massachusetts Technology Collaborative and whether the City is eligible for said grants. (Lukes) (Attachments) Adopted
40. Request Administration report on the
ability of the Off Street Parking Board to engage in economic development
initiatives and/or acquire additional parcels. (Murray Palmieri) (Attachments)
Tabled by the Chair – Murray absent
41. Request Administration report on the
policies and protocols required of utility companies when excavation of city
streets is required. (Murray) (Attachments) Tabled by the Chair – Murray absent
42. Request Administration report on water and
sewer line issues in the Saxon Rd. and Kinnicutt Rd. area. (Murray) (Attachments)
Tabled by the Chair – Murray absent
43. Request City Manager provide the City
Council with a legal opinion how the sidewalks can be constructed in areas of
high traffic in the public interest without a betterment being assessed against
the abutting property owner. (Palmieri, Clancy) (Attachments)
Councillor Gomez moved to amend to read: “if the sidewalks can be
constructed”. Adopted, as amended.
43a. Request City Manager consider employing outside counsel in making
the determination under current statute concerning sobriety when consideration
is being given to the siting of social service programming and also whether the
definition of what constitutes an educational organization is defined by, or
needs clarification in statue. Motion Haller @ #10 CC – Motion denied on a
roll call vote of 5 yeas and 3 nays. (Yes-Gomez, Haller, Lukes, Perotto,
Rushton) (No-Clancy, Palmieri, White) Reconsideration approved on a roll call
8-0 (Absent-Irish, Petty, Murray) Tabled by Haller (Attachments)
43b. Request City Manager to report within one month on recommending an ordinance regarding sustainable and energy efficient zoning and building regulations. Councillor Lukes moved to amend: Further, request item be referred to UniverCity Partnership and Land Use Committee. Adopted, as amended. (Attachments)
43c. Request
City Manager request the City Solicitor provide a legal opinion relative to
item #18 CC of the December 13, 2005 meeting as to whether the position of a
Legal Advisor will be a non-uniformed position or civil service position and if
that distinction makes a difference relative to the vote of item #48 CC of the
same meeting. Also, request City Manager provide the City Council with a report
regarding the process of filling the position of Legal Advisor. (Lukes) –
Suspension of Rules – Adopted (Attachments)
44. RECESS TO FINANCE AND ORDINANCE – No Items Pending
45. James A. DelSignore, City Auditor, transmitting City of Worcester’s 2005 Comprehensive Annual Financial Report (CAFR) as prepared by the office of the City Auditor. (Attachments) Referred to Municipal Operations Committee
46. Michael V. O’Brien, City Manager, transmitting communication requesting the City Council schedule an executive session for the purpose of collective bargaining immediately following the Tuesday, December 13, 2005 City Council meeting. (Attachments) Leave to withdraw
47 - FROM PUBLIC SERVICE AND
TRANSPORTATION
47. That the City Council go on record in
support of the Worcester Regional Airport through FY 2008 at which time a
decision shall be made whether or not to continue going forward with it’s
operations. (Attachments) Tabled by the Chair
48 – VOTED TO ADVERTISE PROPOSED ORDINANCE ON A ROLL
CALL 9-0 (PETTY, MURRAY ABSENT) RECONSIDERATION DENIED ON A ROLL CALL 0-9
(PETTY, MURRAY ABSENT)
48. REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication
of the City Manager recommending the approval of the salary ordinance in
accordance with the request from Police Chief Gary Gemme to implement an annual
stipend for the classification of Legal Advisor within the Worcester Police
Department: recommend passage of accompanying proposed Ordinance.
49- 79 ACCEPTED
REPORT OF THE COMMITTEE ON
PUBLIC SAFETY Upon the following Communications of the City Manager: recommend
Communications be placed on file.
49. Relative
to response planning for the Avian flu. (Attachments)
50. Relative to an award notification regarding the FY05 Local
Preparedness Grant (LPG). (Attachments)
51. Relative to the appointment of David W. Clemons as the new
Communications Director for the City of Worcester. (Attachments)
52. Relative to the Organizational Structure of the Communications
Department. (Attachments)
53. Relative to the City’s Emergency Volunteer Recruitment Efforts. (Attachments)
REPORT OF THE COMMITTEE ON
PUBLIC SERVICE AND TRANSPORTATION Upon the following Communications of the City
Manager: recommend Communications be placed on file.
54. Relative to the Economic Development Initiatives Report for
January 2005. (Attachments)
55. Relative to the Economic Development Initiatives Report for
February 2005. (Attachments)
56. Relative to the Economic Development Initiatives Report for
March 2005. (Attachments)
57. Relative to the Economic Development Initiatives Report for
April 2005. (Attachments)
58. Relative to the Economic Development Initiatives Report for May
2005. (Attachments)
59. Relative to the Economic Development Initiatives Report for June
2005. (Attachments)
60. Relative to the Economic Development Initiatives Report for July
2005. (Attachments)
61. Relative to the Economic Development Initiatives Report for
August 2005. (Attachments)
62. Relative to the Economic Development Initiatives Report for
September 2005. (Attachments)
63. Relative to the Economic Development Initiatives Report for October
2005. (Attachments)
64. Relative to the Economic Development Initiatives Report for
November 2005. (Attachments)
65. Regarding preparations for the inaugural Allegiant Airlines
flight from Worcester Regional Airport to Orlando/Sanford International
Airport. (Attachments)
66. Relative to Massachusetts Bay Transportation Authority (MBTA)
Capital Investment Program. (Attachments)
67. Relative to draft improvement packages for MBTA Service to/from
Worcester’s Union Station. (Attachments)
68. Relative to the WRTA providing fixed route service into Lincoln
Plaza. (Attachments)
69. Relative
to the MBTA Commuter Rail. (Attachments)
70. Relative
to the MBTA Parking Program. (Attachments)
71. Relative to an update on the Union Station Bus Ports and the status of negotiations with Greyhound Lines, Inc. (Attachments)
72. Relative to the Grafton/Upton MBTA Line. (Attachments)
73. Relative to the MBTA. (Attachments)
74. Relative to enhancing the airport’s presence within the City website. (Attachments)
75. Relative to Allegiant Air beginning a new non-stop jet service from Worcester Regional Airport to Orlando, Florida. (Attachments)
76. Relative to the top five or six viable access roads to the Worcester Regional Airport. (Attachments)
77. REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION
Upon the Communication of the Central Mass. Regional Planning Commission
transmitting 2003 Annual Report: recommend Communication be placed on file.
(Attachments)
REPORT OF THE COMMITTEE ON
PUBLIC SERVICE AND TRANSPORTATION Upon the following Petitions: recommend
Petitions be placed on file.
78. Mary MacInnes, Administrator of the Worcester Regional Transit Authority, request to have a bench installed at the bus stop in front of 494 Lincoln St. (Denny’s Restaurant) and on the opposite side of Lincoln St. (Attachments)
79. John Bradford request to speak at August 17, 2004 City Council meeting relative to bus service. (Attachments)
80 - 82
ACCEPTED AND ORDERS ADOPTED
80. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Robert O’Neil, Jr. on behalf of Dacha Realty LLC, request to make public Kelsey Dr. a developer street and add it to the Official Map: recommend adoption of the accompanying Order. (Attachments)
81. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councillor Frederick C. Rushton on behalf of Barbara Miller, request to repair or replace the culvert on Sherer Trail: recommend adoption of the accompanying Order. (Attachments)
82. REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager relative to refiling special legislation to allow a balloon payment option for private to public street conversion: recommend adoption of the accompanying Order. (Attachments)
83 - 87
ACCEPTED
REPORT OF THE COMMITTEE ON
PUBLIC WORKS Upon the following Communications of the City Manager: recommend
Communications be placed on file.
83. Relative
to the Washington Sq. roundabout project. (Attachments)
84. Relative to the feasibility of expanding North Lake Ave. to include sidewalks in conjunction with the street resurfacing project. (Attachments)
85. Relative to the conversion of private streets to public streets. (Attachments)
86. Relative to storm damaged, impassable private streets. (Attachments)
87. Relative to Overgrowth Encroaching into the Public Way. (Attachments)
88 - 93 ORDAINED ON A ROLL CALL 9-0 (PETTY, MURRAY
ABSENT) RECONSIDERATION DENIED ON A ROLL CALL 0-9 (PETTY, MURRAY ABSENT)
88. Amending Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991, relative to a zone change in the Benefit St. area. (Attachments)
89. Amending Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991, relative to a zone change in the Plantation St. area. (Attachments)
90. Amending Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991, relative to a zone change in the Lyman St. area. (Attachments)
91. Amending Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991, relative to a zone change in the New York St. area. (Attachments)
92. Amending Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991, relative to a zone change in the Grand St. area. (Attachments)
93. Amending the Salary Ordinance of August 20, 1996 Occupational Group A - Administrative and Supervisory, and Occupational Group EM – Supervisor of Forestry. (Attachments)
Amending the Salary Ordinance of August 20, 1996 Occupational Group R – Laborer and Craftsman, Head Water Service Inspector & Working Foreman Gardener. (Attachments)
94. DECREE TO MAKE PUBLIC: MIAMI ST. (Tabled April 12, 2005) (Attachments)
95. Granting permission to NSTAR for gas main location on:
PROGRESSIVE ST. (Tabled December 6, 2005 - Clancy) (Attachments)
SCHEDULED MEETINGS OF THE
STANDING COMMITTEES
|
DECEMBER 12, 2005 6:00
P.M. |
PUBLIC WORKS |
COUNCIL CHAMBER |
|
|
|
|
|
DECEMBER 13, 2005 5:30
P.M.-6:15 P.M. |
LAND USE |
COUNCIL CHAMBER |
|
|
|
|
|
DECEMBER 13, 2005 6:15
P.M. |
MUNICIPAL OPERATIONS |
COUNCIL CHAMBER |
|
DECEMBER 19, 2005 6:00
P.M. |
JOINT MUNICIPAL OPERATIONS & HEALTH |
COUNCIL CHAMBER |
|
|
|
|
|
DECEMBER 20, 2005 3:00-
4:00 P.M. |
TRAFFIC & PARKING |
COUNCIL CHAMBER |
**PLEASE NOTE**
THE CITY COUNCIL MEETING FOR TUESDAY, DECEMBER 20,
2005 WILL COMMENCE AT 4:00 P.M.
THERE WILL BE NO MEETING ON TUESDAY, DECEMBER 27,
2005.
THE FIRST MEETING OF THE NEW YEAR WILL BE HELD ON
TUESDAY, JANUARY 10, 2006.