CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – December 7, 2004

 

5:30 P.M. – Executive Session, Mayor’s Office for the purpose of discussing collective bargaining

6:30 P.M. - Reception, Candidates Library Board of Directors, 3rd floor, City Hall

7:00 P.M. - Regular City Council Meeting

 

Convened:  7:02 P.M.

Adjourned:   8:16 P.M.

 

 

1.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

2.       ROLL CALL – All present except Councillor Gomez who arrived at 7:21 P.M.

 

3.       ELECTION OF TWO MEMBERS TO THE LIBRARY BOARD OF DIRECTORS – Judy F. Finkel and Paul Mullan were elected for six year terms

 

4.       ITEMS OF CITIZEN INTEREST

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          5 REFERRED TO ETHNIC & MINORITY AFFAIRS COMMITTEE

 

5.       William Coleman, III request Administration hold a public review of the City of Worcester’s Affirmative Action Plan of September 26, 1983.  (Attachments)   Petitioner spoke

 

          6 & 7 REFERRED TO PLANNING BOARD

 

6.       Joe Boynton, Chairman, Worcester Planning Board request to amend Article IV, Table 4.2 of the Zoning Ordinance relative to Permitted Dimensions by District.  (Attachments)

 

7.       Joe Boynton, Chairman, Worcester Planning Board request to amend Table 4.2 of the Zoning Ordinance by adding a note to Permitted Dimensions by District and renumbering all existing Table 4.2 notes appropriately.   (Attachments)

 

          8 REFERRED TO PUBLIC SERVICE & TRANSPORTATION COMMITTEE

 

8.       Ariana & Arben Kamberi request streetlights on Manhattan Rd. (Attachments)

 

          9-14 REFERRED TO PUBLIC WORKS COMMITTEE

 

9.       Deborah Haglund request abatement of Street Assessment #24470 in the amount of $3,606.00 on Nanita St.  (Attachments)

 

10.     R.W.M. Real Estate Trust request abatement of Street Assessment #24466 in the amount of $7,469.63 on Dixfield St.  (Attachments)

 

11.     Joseph Rossetti request sidewalk repair at corner of Shrewsbury St. and Henry St.   (Attachments)

 

12.     Councillor Paul Clancy, Jr. request sidewalk repair on east side of Houghton St. at corner of Heywood St.  (Attachments)

 

13.     Councillor Paul Clancy, Jr. on behalf of Rita Moss request sidewalk repair at 17 Puritan Ave. where needed.  (Attachments)

 

14.     Councillor Barbara Haller request sidewalk repair on both sides of Chandler St. between Piedmont St. and Main St.  (Attachments)

 

          15-22 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

15.     William Marengo, Jr. et al request traffic study at the intersection of Main St. and Mill St.   (Attachments)

 

16.     June Carelli et al request resident parking on Adams St. from #3 to corner of Chilmark St.   (Attachments)

 

17.     Louise Simone request removal of handicap parking across from 10 Prentice St.   (Attachments)

 

18.     Edwin Negron request handicap parking on Sycamore St. side of building at 667 Main St.   (Attachments)

 

19.     State Representative John Fresolo on behalf of Philip Iacovone request installation of one handicap parking space in front of 91 Hamilton St.   (Attachments)

 

20.     Councillor Frederick Rushton on behalf of Rick Miller & Brian O’Connell request traffic study for speed and congestion of vehicles be conducted in the vicinity of May St. School.  (Attachments)

 

21.     Barbara Sanders request handicap parking sign on Merrick St. side of 2A Pelham St.   (Attachments)

 

22.     Councillor Paul Clancy, Jr. request crosswalk in the vicinity of 31 Blithewood Ave. to assist pedestrians who are leaving Hickory Hill to access playground at Blithewood Park.  (Attachments)

 

          23 ORDER ADOPTED

 

23.     William Coleman, III request Administration scan and place the City’s Affirmative Action Plan on the City of Worcester’s website.

          (Attachments)  Petitioner spoke

 

CHAIRMAN’S ORDERS

 

          24-30 FROM ETHNIC & MINORITY AFFAIRS - Adopted

 

24.     Request City Manager provide City Council with an updated, formalized Minority Business Outreach plan.   (Attachments)

 

25.     Request City Manager report to City Council whether interpretation services are Community Development Block Grant eligible. (Attachments)

 

26.     Request City Manager provide City Council with recommendations concerning data from the Massachusetts Racial and Gender Profiling Study dated May 2004 conducted and compiled by Northeastern University.   (Attachments)

 

27.     Request the Superintendent of the Worcester Public Schools to provide City Council with a copy of their departmental Affirmative Action Plan.   (Attachments)

 

28.     Request City Manager report the number of minorities represented in the Executive Management of the City.  (Attachments)

 

29.     Request City Manager report to City Council how an Affirmative Action policy affects City policy regarding appointments in Executive Management.    (Attachments)

 

30.     Request City Manager to communicate with the Massachusetts Commission Against Discrimination a history of the City’s Affirmative Action policy.  (Attachments)

 

          31 FROM MUNICIPAL OPERATIONS - Adopted

 

31.     Request City Clerk provide City Council with an itemized listing of all Standing Committees that have met during the past three years and the number or Council items that have been considered. (Attachments)

 

          32 FROM PUBLIC WORKS - Adopted

 

32.     Request Law Department report if 35-41 Chiltern Hill Dr. North could be made into a public way.  (Attachments)

 

          33-35 FROM REGIONAL AFFAIRS - Adopted

 

33.     Request City Manager report to City Council concerning the  City’s participation in the regional roundtable of the Central Mass. Regional Planning Commission.  (Attachments)

 

34.     Request City Manager meet with the new Director of Central Mass. Regional Planning Commission regarding implementation of the regional economic development plan.   (Attachments)

 

35.     Request City Manager develop a connection between the City of Worcester web site and that of the Central Mass. Regional Planning Commission.  (Attachments)

 

          36-38 FROM STRATEGIC PLANNING - Adopted

 

36.     Request City Manager to provide City Council with an update to the implementation of a CityStat or similar call-taking system.

          (Attachments)  

 

37.     Request City Manager report to City Council concerning the implementation of an internal benchmarking system for city departments similar to a 311 system used in other communities.

          (Attachments)  

 

38.     Request City Manager report to City Council concerning future funding for the generation of a Master Plan.   (Attachments)

 

ORDERS

 

39.     Request City Manager to prepare for action by the City Council special legislation whereby Richard A. Bonofiglio, Jr., a former City Hospital employee, could extend his period of creditable service by such time as he was laid-off from such employment, up to a maximum of ten months, on condition that he pay to the annuity savings fund of the Worcester retirement system a make-up payment calculated with interest, for the amount equal to that which he would have had withheld as regular deductions from the regular compensation he would have earned during such period.   (Perotto)   (Attachments) Adopted

 

40.     Request Administration develop an ordinance allowing Police to tow and impound vehicles of prostitution “johns” who are arrested in the city, until a fine is paid, similar to an ordinance recently enacted in the City of Boston.   (Murray, Haller)   (Attachments)   Adopted

 

40a.   Request City Manager to consider moving sooner than April to fill the Economic Development position.   Motion-Perotto @ #45CC – Adopted   (Attachments)

 

40b.   Request City Manager report as to what will be substituted in place of Civil Service to determine who gets what jobs, what the advertising process will be and what the selection process will be.  Motion-Lukes @ #45CC – Adopted   (Attachments)

 

40c.   Request City Manager to report, pending his response to Item #39 on the City Council Calendar of December 7, 2004, as to what the votes of the City Council were at the time of the closing of City Hospital to protect sick or vacation time for employees who were being laid off and any other votes taken to protect those employees and their employment benefits.  Lukes – Suspension of Rules - Adopted

          (Attachments)

 

41.     RECESS TO FINANCE AND ORDINANCE:  No Items Pending

 

COMMUNICATION

 

42.     James DelSignore, City Auditor transmitting Worcester’s Centrum Centre Fund – Arena Component and Convention Center Component, including financial statements with supplemental schedules for the years ended June 30, 2004 and 2003 plus independent auditor’s report.  Also included is the Auditor’s report on the internal control structure over financial reporting for each entity.  (Attachments)   Referred to Commerce & Development Committee

 

REPORTS

 

          43 & 44 ACCEPTED

 

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

 

43.     Relative to Minority Business Outreach.  (Attachments)

 

44.     Relative to serving the Latino Community.  (Attachments)

 

          45 –   ACCEPTED AND ORDER ADOPTED ON A ROLL CALL 8-2 (RUSHTON, WHITE-NO) (LUKES ABSENT) – RECONSIDERATION DENIED ON A ROLL CALL 2-8 (GOMEZ, WHITE-YES) (LUKES ABSENT) – COUNCIL VOTED TO ADVERTISE THE PROPOSED ORDINANCE ON A ROLL CALL 10-0 (LUKES ABSENT) – RECONSIDERATION DENIED ON A ROLL CALL 1-9(GOMEZ-YES) (LUKES ABSENT) Full advertising waived

 

45.     REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager requesting adoption of the final Citywide Reorganization Plan: recommend adoption of the accompanying Order and passage of the accompanying proposed Ordinance.  (Attachments)

 

          46 ACCEPTED

 

46.     REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager requesting an Ordinance reorganizing Departments, Boards and Commissions of the City of Worcester:  recommend Communication be placed on file.

          (Attachments)

 

          47 & 48 TABLED UNDER PRIVILEGE (RUSHTON)

 

47.     REPORT OF THE ORDINANCE COMMITTEE Upon the Report of the Planning Board upon the Petition of Joe Boynton et al requesting a zone change from RL-7 to A-1 to a 32 acre area abutting Airport Dr. approximately 1,200’ north of its intersection with Goddard Memorial Dr.:  recommend passage of the accompanying proposed Ordinance. (Attachments)

 

48.     REPORT OF THE ORDINANCE COMMITTEE Upon the Report of the Planning Board upon the Petition of Joe Boynton et al requesting a zone change to a 536 acre area from RL-7 to RS-7 bounded by the existing Airport Zone District (A-1) to the west; existing RS-7 zone near Pleasant St. to the north; Mill St., Farm St., Swan Ave., Passway Four, Admiral Ave. and Ward Farm Circle to the east and Westcott St., Swan Ave. and rear parcel lines of Ledgecrest Dr. to the south:   recommend passage of the accompanying proposed Ordinance. (Attachments)

 

          49-56 ACCEPTED & ORDERS ADOPTED ON A ROLL CALL 10-0 (LUKES ABSENT)

 

          REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following Reports of the Planning Board upon Petitions requesting streets be made public:  recommend adoption of the accompanying Orders.

 

49.     Attorney Jonathan Finkelstein on behalf of Winter Heights Trust request to make public Hibiscus Dr.  (Attachments)

 

50.     Attorney Jonathan Finkelstein on behalf of Winter Heights Trust request to make public Jasmine Dr.  (Attachments)

 

51.     Attorney Jonathan Finkelstein on behalf of Winter Heights Trust request to make public Oriental St.  (Attachments)

 

52.     Attorney Jonathan Finkelstein on behalf of Winter Heights Trust request to make public Rainbow Dr.   (Attachments)

 

53.     Attorney Jonathan Finkelstein on behalf of Winter Heights Trust request to make public Russell Calvin Dr.  (Attachments)

 

54.     Attorney Jonathan Finkelstein on behalf of Winter Heights Trust request to make public Snowy Owl Lane.  (Attachments)

 

55.     Attorney Jonathan Finkelstein on behalf of Winter Heights Trust request to make public Taj Dr.  (Attachments)

 

56.     Dominic DiPilato request to accept as public Seattle St. (Attachments)

 

          57-76 ACCEPTED & ORDERS ADOPTED

 

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

 

57.     Alexander Bisson et al request sidewalk repair at 54 Freeland St. (Attachments)

 

58.     Donald Irving request sidewalk repair in front of 6 Holland Rd. (Attachments)

 

59.     George Burton request sidewalk repair in front of 13 Home St. (Attachments)

 

60.     Councillor Frederick Rushton on behalf of Steven Olen request sidewalk repair between 13 and 15 Knowles Rd.  (Attachments)

 

61.     Linda Satissanat request sidewalk repair at 2 Oliver St. (Attachments)

 

62.     Anthony Ingrisano request sidewalk repair at 21 Otsego Rd. (Attachments)

 

63.     Linda Satissanat request sidewalk repair at 18 Stevens Rd. (Attachments)

 

64.     Councillor Barbara Haller request sidewalk repair on odd side of William St. between West St. and North Ashland St.   (Attachments)

 

65.     Councillor Barbara Haller request sidewalk repair on even side of William St. between West St. and North  Ashland St. (Attachments)

 

66.     Scott Loughlin, Property Manager, Magnolia Condominiums request sidewalk repair at 29 William St.   (Attachments)

 

67.     Councillor Barbara Haller request sidewalk repair on even side of Winslow St. between Pleasant St. and Chandler St.  (Attachments)

 

68.     Councillor Barbara Haller request sidewalk repair on odd side of Winslow St. between Pleasant St. and Chandler St.  (Attachments)

 

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

 

69.     John Anderson on behalf of Greater Hammond Heights Neighborhood Association request repair, repave or rebuild Bancroft Tower Rd.

          (Attachments)

 

70.     Mary Harrington et al request repaving of Hastings Rd. between West Boylston St. and Burncoat St.  (Attachments)

 

71.     Councillor Thomas White on behalf of Ramona Marangos request resurfacing of Monadnock Rd. where needed.  (Attachments)

 

72.     Councillor Paul Clancy, Jr. on behalf of Lena O’Malley request resurfacing of Roath St.  (Attachments)

 

73.     Robert Kenary request resurfacing of Valley Hill Lane. (Attachments)

 

74.     REPORT OF THE  COMMITTEE ON PUBLIC WORKS Upon the Petition of Attorney Jonathan Finkelstein on behalf of 97 Coburn Realty, LLC request City accept two easements at subdivision entitled 1300 Grafton St.  1) easement for street purposes in Beverly Cove;  2) easement for drainage and utilities: recommend adoption of the accompanying Order.   (Attachments)

 

75.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Fr. Joseph Adamo, Ascension Church et al request installation of trash containers along sidewalks on Vernon St. near Ascension Church for three blocks:  recommend adoption of the accompanying Order.  (Attachments)

 

76.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Edwin Metcalf requesting City to erect a barrier and replace the berm in front of 55 West Chester St.:  recommend adoption of the accompanying Order to place 55 West Chester St. on the Guardrail Installation List.  (Attachments)

 

          77-111 ACCEPTED

 

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

 

77.     Relative to public unveiling of the Blackstone Gateway Park Master Plan.  (Attachments)

 

78.     Relative to Fall Leaf Collection Program – 2004.  (Attachments)

 

79.     Relative to water drainage problems in the College Hill Section of the City.   (Attachments)

 

80.     Relative to infrastructure needs on Windsor and Shepard Sts. (Attachments)

 

81.     Relative to MDC Sewer Project in vicinity of Sacred Heart Church. (Attachments)

 

82.     Relative to State funding for sidewalks on Massasoit Rd. and Sunderland Rd.  (Attachments)

 

83.     Relative to Franklin St. two-way traffic reconstruction.  (Attachments)

 

84.     Relative to Shrewsbury St. roadway project.  (Attachments)

 

85.     Relative to Year End FY04 Trash Bag Sales.  (Attachments)

 

86.     Relative to Abandoned Vehicle Status Report.  (Attachments)

 

87.     Relative to public education on the Abandoned  Vehicle Removal Program.   (Attachments)

 

88.     Relative to projects currently on the Traffic Improvement List. (Attachments)

 

89.     Relative to Construction Progress Report, quarter ending September 30, 2004.   (Attachments)

 

90.     Relative to ADA Transition Plan update for the City of Worcester. (Attachments)

 

91.     Relative to August 2004 Keep Worcester Clean Report. (Attachments)

 

92.     Relative to September 2004 Economic Development Initiatives Report.   (Attachments)

 

93.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Joseph Magliaro, Jr., President, Magliaro Bros., Inc. requesting a rate increase in the snow plowing and sanding operations for the upcoming season:  recommend Petition be placed on file.

          (Attachments)

 

94.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Brant Engstrom, Manager, Dean St. LLC request sidewalk repair in front of 12 Dean St.:  recommend Petitioner be given leave to withdraw.  (Attachments)

 

95.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Lawrence MacDonald, President, E.B. Luce Corp. request reconsideration of a closing of the median strip in the vicinity of the intersection of Shrewsbury St. and Laraia St.:  recommend Petition be denied.   (Attachments)

 

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

 

96.     Relative to regionalized services.  (Attachments)

 

97.     Relative to Worcester Area Regionalism Education Project. (Attachments)

 

98.     Relative to Worcester Area Regionalism Education Project. (Attachments)

 

99.     Relative to recent quarterly Municipalities Organized for Regional Effectiveness report.   (Attachments)

 

100.   Relative to City’s collaborative works with Municipalities Organized for Regional Effectiveness.  (Attachments)

 

101.   Relative to regionalism work through Municipalities Organized for Regional Effectiveness.    (Attachments)

 

102.   REPORT OF THE COMMITTEE ON REGIONAL AFFAIRS Upon the Communication of the Central Mass. Regional Planning Commission transmitting Fiscal Year 1999 Annual Report:  recommend Communication be placed on file.   (Attachments)

 

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

 

103.   Relative to Citywide Master Plan portion of June 2004 Economic Development Initiatives Report.  (Attachments)

 

104.   Relative to Citywide Master Plan portion of July 2004 Economic Development Initiatives Report.   (Attachments)

 

105.   Relative to most recent ComNet resurveys conducted by the Worcester Regional Research Bureau.   (Attachments)

 

106.   Relative to ComNet results.   (Attachments)

 

107.   Relative to Worcester Regional Research Bureau ComStat and CitiStat.  (Attachments)

 

108.   Relative to FY 1999 International City/County Management Association’s Comparative Performance Measurement Program. (Attachments)

 

109.   REPORT OF THE COMMITTEE ON STRATEGIC PLANNING Upon the Communication of Roberta Schaefer, Executive Director, Worcester Regional Research Bureau relative to Benchmarking Economic Development in Worcester November 2001:  recommend Communication be placed on file.   (Attachments)

 

          REPORT OF THE COMMITTEE ON STRATEGIC PLANNING Upon the Report of the Committee on Municipal Operations upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

110.   Relative to Worcester Regional Research Bureau’s ComNet Initiative. (Attachments)

 

111.   Relative to ComNet Summary.  (Attachments)

 

TO BE ORDAINED

 

          112-122 ORDAINED ON A ROLL CALL 10-0 (LUKES ABSENT)

 

112.   Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for handicap parking in front of 19 Worth St. (Attachments)

 

113.   Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for handicap parking in front of 63 Russell St. (Attachments)

 

114.   Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for handicap parking in front of 1 Plantation St. (Attachments)

 

115.   Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to prohibit parking in front of 1 & 2 Englewood Ave. (Attachments)

 

116.   Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind No Parking in front of 22 Tampa St. (Attachments)

 

117.   Amending Section 43 of Chapter 13 of the Revised Ordinances of 1996 to reverse the winter ban on Hermitage Lane to allow parking on the even numbered side of Hermitage Lane.   (Attachments)

 

118.   Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for one hour parking on the west side of Exeter St. near Cambridge St.   (Attachments)

 

119.   Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for Resident Permit Parking on the north side of Laurel St. near Edward St.  (Attachments)

 

120.   Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for Resident Permit Parking on both sides of Dustin St., entire length.   (Attachments)

 

121.   Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 providing for Stop sign on Franklin St. at Harrington Way facing eastbound and westbound traffic on Franklin St.  (Attachments)

 

122.   Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 providing for Stop sign on Beatrice Dr. and Goddard Memorial Dr. facing westbound traffic on Beatrice Dr.  (Attachments)

 

          Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 providing for Stop sign on Beatrice Dr. and Ledgecrest Dr. facing eastbound traffic on Beatrice Dr.  (Attachments)

         

_____________________________________________________________

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

 

DECEMBER 6, 2004

       5:30 P.M.

 

TRAFFIC &

PARKING

 

COUNCIL CHAMBER

 

DECEMBER 20, 2004

       6:00 P.M.

 

COMMERCE &

DEVELOPMENT

 

COUNCIL CHAMBER

 

 

DECEMBER 21, 2004

       5:30 P.M.

 

PUBLIC WORKS

 

ROOM 310, CITY HALL