CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – OCTOBER 7, 2003

7:00 P.M.

Convened:  7:12 P.M.

Adjourned:  9:12 P.M.

 

 

1.       INVOCATION –  Rev. Michael P. Bafaro

Our Lady of Mt. Carmel Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present

 

HEARING AND ORDER – 7:00 P.M.

 

          4 – Hearing held

 

4.       CHARTER COMMUNICATIONS for conduit location on:  PROSPECT ST.  (Attachments)

 

          4a - ORDER ADOPTED

 

4a.     Granting permission to CHARTER COMMUNICATIONS for conduit location on:  PROSPECT ST.

 

FIRST ITEM OF BUSINESS

 

          5 – Taken up with Item 35

 

5.       Monthly status reports consistent with Standing Committees on the following economic development initiatives:  Union Station garage and tenancy, Massport’s partnership efforts at the Airport, downtown housing development, Mass. Highway road project schedules, Gateway Park grants and tenancy, Gardner-Kilby-Hammond project, SWIP project, brownfield initiatives, Coes Dam rehab, replacement and relocation of Central Garage, Visitor’s Center rehab, telecommunications contract, Wyman Gordon property reuse, Worcester Center tenancy and the Arts District.  (Attachments)

 

6.       ITEMS OF CITIZEN INTEREST

 

6a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          7-9 REFERRED TO PLANNING BOARD

 

7.       John Kazlauskas, Sr. et al request zone change from RG-5 to BL-1.0 for properties located on Grafton, Mendon and Cutler Sts.  (Attachments)

 

8.       Leslie May et al request to reconsider building in the Randolph Rd. area. (Attachments)

 

9.       Dominic DiPilato request to make public Seattle St. (Attachments)

 

9a.     Councillor Dennis Irish & Councillor Paul Clancy, Jr. on behalf of Dita Hannam request street light on existing telephone pole in front of 7 Commonwealth Ave.  Referred to Public Service & Transportation Committee – Suspension of Rules  (Attachments)

 

          10-12 REFERRED TO PUBLIC WORKS COMMITTEE

 

10.     Ashiaa Thompson, Ward Animal Clinic, et al request a catch basin at northeast corner of 577 Grove St. or redirection of run-off water coming down onto 577 Grove St. property from Waycross and Diana Sts.  (Attachments)

 

11.     Yergeni Sosunov et al request sidewalk repair in front of 6 Ashmont Ave.  (Attachments)

 

12.     Robert Pysk, President PNI Club request sidewalk repair on Harding St. side of PNI Club.  (Attachments)

 

12a.   Councillor Barbara Haller request repair of sidewalk west of 85 Elm St. driveway. Referred to Public Works Committee – Suspension of Rules   (Attachments)

 

12b.   Councillor Barbara Haller request repair of sidewalk and front of driveway at 81 Canterbury St.  Referred to Public Works Committee – Suspension of Rules  (Attachments)

 

12c.   Councillor Juan Gomez request sidewalk repair in front of 648-656 Pleasant St.  Referred to Public Works Committee – Suspension of Rules  (Attachments)

 

12d.   Councillor Dennis Irish & Councillor Paul Clancy, Jr. on behalf of Dita Hannam request repair of collapsing storm drain in vicinity of 7 Commonwealth Ave.  Referred to Public Works Committee – Suspension of Rules  (Attachments)

 

12e.   Councillor Joseph Petty request private street maintenance on Monticello Rd.  Referred to Public Works Committee – Suspension of Rules   (Attachments)

 

          13-16 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

13.     Mark Lindstrom request to change Earle St., from Edward St. to Earle Terrace to two-way traffic.   (Attachments)

 

14.     Mayor Timothy Murray & Councillor Paul Clancy, Jr. request crosswalk painting on Upland St.  (Attachments)

 

15.     Councillor Konstantina Lukes on behalf of Roger Dubuque request residential parking on Robertson Rd.  (Attachments)

 

16.     Mayor Timothy Murray on behalf of Thomas Vincent request crosswalk on Grove St. at the intersection of Lansing Ave. be repainted.  (Attachments)

 

16a.   Mayor Timothy Murray request painting of crosswalks on Harlow St.  Referred to Traffic & Parking – Suspension of Rules  (Attachments)

 

16b.   Barbara Carmody et al request resident only parking on both sides of Buckingham St.  Councillor Palmieri recused on a roll call 10-0 - Referred to Traffic Parking Committee – Suspension of Rules   (Attachments)

 

          17 REFERRED TO THE CITY MANAGER

 

17.     Wayne Griffin request City Manager enforce provisions of M.G.L. Chapter 272, Section 66 which addresses public safety problems associated with people panhandling in public areas and in heavily trafficked roads, particularly at the intersections of Chandler St. and Park Ave., Vernon St. at I-290 off-ramp and Salisbury St. and Park Ave.  (Attachments)

 

          18 & 19 Councillor Haller recused on a roll call 10-0 - HEARINGS SET FOR OCTOBER 14, 2003 - 7:00 P.M.

 

18.     MASSACHUSETTS ELECTRIC CO. for cable and conduit system on:  MORELAND ST.  (Attachments)

 

19.     MASSACHUSETTS ELECTRIC CO. and VERIZON NEW ENGLAND, INC. for joint pole location on:  TORY FORT LANE. (Attachments)

 

CHAIRMAN’S ORDERS

 

          19a FROM LAND USE – Adopted Suspension of Rules

 

19a.   Request Planning Board to consider recommending to City Council an amendment to the Comprehensive Zoning Ordinance that would require construction of sidewalks in the permitting process for residences fronting on public streets.  (Attachments)

 

          20 & 21 FROM MUNICIPAL OPERATIONS - Adopted

 

20.     Request City Auditor report debt which includes capital expenditures for the last ten years.  (Attachments)

 

21.     Request City Auditor report the legal debt margin as of September 30, 2003.  (Attachments)

 

          22 FROM PUBLIC WORKS - Adopted

 

22.     Request City Manager report to City Council as to the feasibility and cost of lowering drains and other public works appurtenances in Mabelle St. and Kinnicutt Ave. South.  (Attachments)

 

ORDERS

 

23.     Request report on Massachusetts Electric’s policy as it relates to street light repair and replacement.   (Murray)   (Attachments)

 

          Adopted

 

24.     Request Administration report on State, Local or Federal tax credits or other incentives for the development of handicapped accessible housing.   (Irish, Perotto)   (Attachments)

 

          Adopted

 

25.     Request Administration report on any and all building code requirements relative to the incorporation of handicapped accessibility into new housing construction.  (Irish, Perotto)  (Attachments)

 

          Adopted

 

26.     Request Administration report on the location of any and all handicapped parking spaces in proximity to Union Station and plans for the replacement of the handicapped spots previously available at the site of the Korean War Memorial.   (Irish, Perotto)   (Attachments)

 

          Adopted

 

27.     Request Administration to prepare an update on the status of Centrum Centre naming rights on the next Council Calendar.   (Irish, Perotto)  (Attachments)

 

          Adopted

 

28.     Request Administration to draft and submit an Ordinance providing for monetary/civil penalties for those citizens who feed animals, birds and water fowl in public parks.  (Lukes)  (Attachments)

 

          Councillor Lukes moved to amend to add:  and beaches

 

          Adopted, as amended

 

29.     Request Library Board submit a report to City Council regarding the policies of the library as to the Patriot Act and requesting the City Council to consider a resolution in support of the Library Board. (Lukes) (Attachments)

 

          Referred to Education & College/University Relations Committee

 

30.     Request City Manager report to City Council whether or not the operations of the Gang Unit of the Worcester Police Department have been negatively affected by recent media reports.  (Petty, Irish, Haller) (Attachments)

 

          Mayor Murray moved to amend to change Gang Unit to Vice Squad

 

Adopted, as amended

 

31.     Request City Manager report on the feasibility of giving additional point to City residents on all Civil Service exams.  Further, request breakdown of residency of employees, by all departments, with comparison to percentages for the last five years. (Murray)  (Attachments)

 

          Mayor Murray moved to amend to delete first sentence

 

          Adopted, as amended

 

32.     Request Administration submit a report from the Parking Administrator listing the total amount of accounts receivable as of September 30, 2003 and also, a listing for aging of accounts due more than 30 days, 60 days and everything over 90 days old. (Lukes)  (Attachments)

 

          Adopted

 

32a.   Request City Manager to report on his October 14, 2003 Calendar concerning the scope of the CBL Associates project, qualifications of the developer and any likelihood for any economic development relationship with this developer.  Motion-Lukes @ #5CC – Adopted (Attachments)

 

32b.   Request City Manager to include in the November economic development initiatives report the status of the $5 million grant for the parking garage at the parcel post building.  Motion-Perotto @ #5CC  – Adopted   (Attachments)

 

32c.   Request City Manager to report on the rent-out of the Odd Fellows Apartments. Motion-Haller @ #5CC – Adopted (Attachments)

 

32d.   Request City Manager to list in the monthly economic development initiatives report under the heading of Union Station Garage and Tenancy, all bonded items from the $2.85 million loan authorization for Union Station.   Motion-Clancy @ #5CC – Adopted (Attachments)

 

32e.   Request City Manager to include in the November economic development initiatives report a timeline and funding schedule for the clean-up and demolition of the parcel post building. Further request a timeline and funding schedule for the completion of the design for the garage at the parcel post building site.  Motion-Clancy @ #5CC – Adopted  (Attachments)

 

32f.    Request City Manager to include CBL & Associates in discussions for the potential re-use of the landfill, re-use of property within the 146 corridor, Wyman Gordon properties and the Common Fashion Outlet property.  Motion-Clancy @ #5CC – Adopted  (Attachments)

 

32g.   Request City Manager to report on the process to prepare an RFP.  Motion-Clancy @ #5CC – Adopted  (Attachments)

 

32h.   Request City Manager to provide an update on the tax credits for Union Station.  Motion-Irish @ #5CC – Adopted (Attachments)

 

32i.    Request City Manager to provide an update on the one-stop housing finance center at the Odd Fellows Home.  Motion-Irish @ #5CC – Adopted  (Attachments)

 

32j.    Request City Manager to provide an estimate as to when rules from the State relative to downtown housing TIF opportunities might be forthcoming.  Motion-Irish @ #5CC – Adopted  (Attachments)

 

32k.   Request City Manager to provide City Council on his October 14, 2003 Calendar with the membership of the Telecommunications Master Plan Committee.  Motion-Petty @ #5CC – Adopted (Attachments)

 

32L.   Request City Manager to provide City Council on his October 14, 2003 Calendar with the actual telecommunications costs from both the school side and the city side.  Motion-Petty @ #5CC – Adopted (Attachments)

 

32m.  Request City Manager to investigate any and all potential avenues available to get after any of the officers of the defunct Institutional Linen relative to recovering the cost to reclaim that property.  Motion-Gomez @ #5CC – Adopted  (Attachments)

 

32n.   Request City Manager, as part of the RFP process, to require developers to present a preliminary sketch of what their vision could be for development on a particular site.  Motion-Gomez @ #5CC – Adopted  (Attachments)

 

32o.   Request City Manager to report on all facets of the parking garage at the Parcel Post building site, including extension of the $5 million grant, T21 funds, timeline for demolition, design and construction.  Motion-Murray @ #5CC – Adopted  (Attachments)

 

32p.   Request Commissioner of Public Works requested to explore the feasibility of the Off-Street Parking Board acquiring Grove St. property from Massachusetts Electric so as to provide parking for existing businesses and any future development.  Motion-Murray @ #5CC – Councillor Haller recused on a roll call 10-0 – Adopted (Attachments)

 

32q.   Request City Manager to explore the feasibility of funding a position focused solely on brownfields from programmatic costs.  Motion-Murray @ #5CC – Adopted  (Attachments)

 

32r.    Request Administration to report on feasibility of funding the double elderly abatement. Murray, Petty, Abraham, Clancy, Gomez, Haller, Irish, Lukes, Palmieri, Patton, Perotto – Suspension of Rules – Adopted  (Attachments)

 

32s.   Request Administration to report on current savings to date realized in Police Salary Account.  Murray – Suspension of Rules – Adopted (Attachments)

 

32t.    Request Administration report on possibility of automatic prorating of excise tax for persons transferring vehicles during a year to avoid interest, penalties and warrant fees on excise taxes, as well as a report on the City’s access to and use of records from the Registry of Motor Vehicles for such purposes.  Murray – Suspension of Rules – Adopted   (Attachments)

 

32u.   Request Administration to report on any unexpended balances in last year’s Local Law Enforcement Block Grant.  Murray – Suspension of Rules – Adopted   (Attachments)

 

32v.   Request City Manager to request the Police Department to monitor speeding on First St.  Abraham – Suspension of Rules – Adopted (Attachments)

 

32w.  Request enforcement of city parking ordinance regarding overnight parking of commercial vehicles on residential streets, especially near 5 Benefit St.  Haller – Suspension of Rules – Adopted (Attachments)

 

          33 & 34 ADOPTED

 

33.     SEWER ASSESSMENT:  SUNDERLAND RD.  (Attachments)

 

34.     SEWER ASSESSMENT:  HIGH RIDGE RD.  (Attachments)

 

COMMUNICATIONS

 

35.     Thomas R. Hoover, City Manager transmitting monthly Economic Development Initiatives Report.  (Attachments)

 

          Referred to Commerce & Development Committee, Housing & Neighborhood Revitalization Committee, Public Service & Transportation Committee and Public Works Committee

 

36.     Thomas R. Hoover, City Manager transmitting communication relative to conceptual plans for Lake Ave. and traffic counts for North Parkway.   (Attachments)

 

          Referred to Traffic & Parking Committee

 

36a.   Thomas R. Hoover, City Manager requesting that $200,000.00 be transferred from Account #91C716, Union Station Rehabilitation and appropriated to Account #04C704, Union Station Rehabilitation for payment of contractual obligations related to the cost of making tenant improvements in the second floor of Union Station for the purpose of gaining a new tenant in Union Station (Jazz Bar).  (Attachments)

 

          Order adopted on a roll call 11-0 – Suspension of Rules

 

CHAIRMAN’S RESOLUTION

 

          37 FROM PUBLIC WORKS - Adopted

 

37.     That the City Council hereby approves in concept of the proposed alterations to north and southbound lane markings in Lake Ave. between Sherbrook Ave. and Coburn Ave., including elimination of one lane of traffic in some areas, creation of a bike pathway and installation of on-street parking in the vicinity of the Buffone Skating Arena.  (Attachments)

 

RESOLUTION

 

38.     That the City Council of the City of Worcester commits to participate in the Cities for Climate Protection Campaign and requests assistance from the International Council for Local Environmental Initiatives Cities for Climate Protection Campaign as it progresses through the milestones.   (Murray, Haller, Lukes, Patton, Palmieri, Petty, Clancy)  (Attachments)

 

          Adopted on a roll call 11-0

 

38a.   That the City Council of the City of Worcester hereby congratulates Sue Moynagh for her recognition at the Mass. Crime Watch Award ceremony and receipt of the 2003 Award Winners for Crime Watch Member.  Clancy – Suspension of Rules – Adopted on a roll call 11-0  (Attachments)

 

39.     RECESS TO FINANCE AND ORDINANCE:  No Items Pending

 

REPORTS

 

          39a VOTED TO ADVERTISE PROPOSED ORDINANCE ON A ROLL CALL 11-0 – SUSPENSION OF RULES

 

39a.   REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Ordinance Committee upon the Report of the Planning Board upon the Petition of Joe Boynton and Members of the Planning Board requesting to amend Article IV, Section 7A(1), Article V, Section 2A, Article V, Table 5.1 and Article IV Tables 4.2 and 4.4 of the Zoning Ordinance:  recommend passage of the accompanying proposed Ordinance.  (Attachments)

 

          39b ACCEPTED – TO BE INCORPORATED IN ORIGINAL  ORDINANCE - #39a – SUSPENSION OF RULES

 

39b.   REPORT OF THE COMMITTEE ON LAND USE Upon the Communication of the City Manager requesting to amend the Zoning Ordinance:  recommend Communication be placed on file. (Attachments)

 

          40-45 ACCEPTED & ORDERS ADOPTED

 

          REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following Petitions requesting street resurfacing: recommend adoption of the accompanying Orders.

 

40.     Councillor Philip Palmieri request resurfacing of Lake Ave. North and Natural History Rd.  (Attachments)

 

41.     Councillor Paul Clancy, Jr. request resurfacing of Raymond St. (Attachments)

 

42.     Councillor Paul Clancy, Jr. request resurfacing of Brierway Dr. (Attachments)

 

43.     Raymond Mariano, Executive Director, Worcester Housing Authority request resurfacing of Haven Lane. (Attachments)

 

44.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of John MacKoul and Bailin & Associates, Inc. requesting to extend the sanitary sewer in Salisbury St., beginning approximately 100’ northerly of Whisper Dr. and continuing northerly for a distance of approximately 1,500’:  recommend adoption of the accompanying Order.  (Attachments)

 

45.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jordan Robbins et al requesting City eliminate standing water in street gutter on westerly side of Kinnicutt Rd. South which starts at 17 Kinnicutt Rd. South and continues north toward Amherst St.:  recommend adoption of the accompanying Order requesting the Commissioner of Public Works to place the westerly side of Kinnicutt Rd. South, starting at #17 and continuing north toward Amherst St. on the Surface Drainage List for future funding. (Attachments)

 

          46-49 ACCEPTED

 

          REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following Petitions:  recommend Petitioners be given leave to withdraw.

 

46.     Raymond Mariano, Executive Director, Worcester Housing Authority request Tacoma St., from Boylston St. to 285 Tacoma St. be repaved. (Attachments)

 

47.     Raymond Mariano, Executive Director, Worcester Housing Authority request resurfacing of Great Brook Valley Ave. in its entirety.(Attachments)

 

48.     Raymond Mariano, Executive Director, Worcester Housing Authority request resurfacing of Brookview Dr. in its entirety.  (Attachments)

 

49.     Councillor Paul Clancy, Jr. request resurfacing of Wabash Ave. from Holcombe St. to Koping St.  (Attachments)

 

TO BE ORDAINED

 

          50-55 ORDAINED ON A ROLL CALL 11-0

 

50.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for handicap parking opposite 58 Houghton St. (Attachments)

 

51.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for handicap parking in front of 23 Hitchcock Rd. (Attachments)

 

52.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for handicap parking in front of 121 Perry Ave. (Attachments)

 

53.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for handicap parking in front of 33 Camp St. (Attachments)

 

54.     Amending the Zoning Ordinance adopted April 2, 1991 relative to allowing high-rise multi-family dwellings in IN-H District upon issuance of a Special Permit.  (Attachments)

 

55.     Amending Section 2 of Article III of the Zoning Ordinance adopted April 2, 1991 relative to a zone change in the area of Harrington Way. (Attachments)

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

OCTOBER 6, 2003              JOINT                QUINSIGAMOND ROOM

       6:00 P.M.              COMMERCE &         QUINSIGAMOND SCHOOL

                                    DEVELOPMENT        832 MILLBURY ST.

                                                 &

                                    PUBLIC WORKS

Re:  Greenwood St. Landfill Project

 

OCTOBER 7, 2003            LAND USE                   COUNCIL CHAMBER

      6:30 P.M.