CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – JANUARY 4, 2005

7:00 P.M.

Convened:  7:04 P.M.

Adjourned:  8:38 P.M.

 

 

1.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

2.       ROLL CALL – All present

 

ORDINANCE COMMITTEE HEARING – 7:00 P.M.

 

          3 – Ordinance Committee voted on a roll call vote of 11 Yeas and 0 Nays to accept the report of the Planning Board and recommend approval of the Petition.  Reconsideration was denied on a roll call vote of 0 Yeas and 11 Nays

 

3.       REPORT OF THE PLANNING BOARD Upon the Petition of Michael O’Brien, City Manager requesting to amend the Zoning Map at 75 Piedmont St. by extending BG-3.0 district to include entire parcel 06-0166-0003, a portion of which is currently zoned RG-5.0. (Attachments)

 

4.       ITEMS OF CITIZEN INTEREST

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          5 - REFERRED TO THE CITY MANAGER

 

5.       Barbara White request that the necessary steps be taken to provide “closed captioning” of the Government Channel (12) to allow the deaf and hard of hearing residents to participate in the City’s governing process.   (Attachments)

 

          6-9a  - REFERRED TO PUBLIC WORKS COMMITTEE

 

6.       Hope Abisamra request private street betterment for Sunderland Terrace.  (Attachments)

 

7.       Elyse Levy request sidewalk repair between 17 & 19 Saxon Rd. (Attachments)

 

8.       Anyu Cai et al request sidewalk replacement in front of 21 Clearview Ave.   (Attachments)

 

9.       Jodi Oliver request sidewalk repair in front of 33 ½ Barclay St. (Attachments)

 

9a.     Mayor Timothy Murray & Councillor Philip Palmieri on behalf of Mary Dionne request public portion of Elliott St. be paved in 2005.  Referred to Public Works Committee for January 25, 2005 meeting – Suspension of Rules   (Attachments)

 

          10 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

10.     Idella Hazard request enforcement of the four-way Stop signs, enforcement of clearance of corners and painting of crosswalks at Harrison St. and Providence St.   (Attachments)

 

11.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

CITY MANAGER

CITY COUNCIL CALENDAR FOR JANUARY 4, 2005

APPOINTMENTS

 

1.  NON-CITY COUNCIL CONFIRMATION:

 

A.      Notification of Constable Appointments – Matthew Atanian, Lois Ciuffredo, Mark Cranston, Kevin Derry, Peter Derry, Jr., Derek Evers, Ralph Ferraro, Daniel Gately, Lee Hall, David Hoffman, William Horan, Tomasz Kruszewski, David Mallett, Christopher McMahon, Victoria Pellegrino, Philip Salmon, Francis Trapasso and Anatoly Yankovsky. (Attachments)   Placed on file

 

2.  CITY COUNCIL CONFIRMATION:

 

TRANSMITTAL

 

3.  AIRPORT:

 

4.  ASSESSORS:

 

A.      Communication relative to Worcester’s Major Railroad Lines. (Attachments)  Referred to Public Works Committee

 

5.  BUDGET OFFICE:

 

6.  CODE ENFORCEMENT:

 

A.      Request City Council to accept a cash donation totaling $500.00, with gratitude, from Paul Robbins and Kelley Square Flea Market. (Attachments)  Order adopted with gratitude

 

B.      Request City Council to accept with gratitude a furniture donation from Allmerica Financial (Attachments)  Councillor Petty recused on a roll call 10-0.  Order adopted with gratitude

 

C.      Request City Council accept with gratitude, a donation of in-kind printing services, valued at approximately $200.00, from Allmerica Corporation to print 2,500 copies of the Human Rights Commission borchure. (Attachments)  Councillor Petty recused on a roll call 10-0.  Order adopted with gratitude

 

7.  COMMUNICATIONS:

 

8.  ECONOMIC DEVELOPMENT:

 

9.  ELDER AFFAIRS:

 

A.      Request City Council adoption of a Resolution to accept with gratitude, the donation of $100.00 from Barbara Pantos to support the Senior Center’s Health and Wellness Clinic providing podiatry services to low-income elders. (Attachments)  Resolution adopted with gratitude

 

10.  ELECTION COMMISSION:

 

A.      Communication relative to the Municipal Election Calendar for 2005. (Attachments)  Order adopted establishing September 13, 2005 as the date of the Preliminary Election and approving the Municipal Election Calendar for 2005.

 

11.  EMERGENCY MANAGEMENT:

 

12.  EMPLOYMENT & TRAINING:

 

13.  FIRE:

 

A.      Request City Council accept with gratitude a donation from LETO, Inc. (Hi Lo Gas) in the amount of $75.00. (Attachments)  Order adopted with gratitude

 

B.      Request City Council accept with gratitude, a donation from Churchill Forge Properties in the amount of $50.00. (Attachments)  Order adopted with gratitude

 

C.      Communication relative to the move of the Emergency Operations Center previously located at 50 Skyline Drive to 76 East Worcester Street. (Attachments)   Referred to Public Safety Committee

 

14.  HUMAN RESOURCES:

 

15.  LAW:

 

16.  LICENSE COMMISSION:

 

17.  NEIGHBORHOOD SERVICES:

 

A.      Communication relative to the FY06 Annual Community Development Block Grant (CDBG) Entitlement. (Attachments)  Referred to Community Development Committee

 

18.  PARKS, RECREATION & CEMETERY:

 

 

 

19.  POLICE:

 

A.      Communication relative to the issue of the “feasibility of the police department notifying the local neighborhood crime watch or association whenever a sex offender, especially a level 3, moves in or out of a neighborhood”. (Attachments)  Referred to Public Safety Committee

 

B.      Communication relative to the issue of the “tracking or monitoring system used by the Internal Affairs Division of the Worcester Police Department”. (Attachments)  Referred to Public Safety Committee

 

C.      Communication relative to a Worcester Police Department Promotion Ceremony, scheduled for Thursday, January 6, 2005, at the City Council Chambers, City Hall. (Attachments)  Placed on file

 

20.  PUBLIC HEALTH:

 

21.  PUBLIC LIBRARY:

 

A.      Request that City Council adopt the Resolution to accept a donation in the amount of $1,500.00 from Wal-Mart Foundation to the Worcester Public Library. (Attachments)  Resolution adopted with gratitude

 

B.      Request that the City Council adopt the Resolution to accept a donation in the amount of $1,000.00 from Sam’s Club Foundation to the Worcester Public Library. (Attachments)  Resolution adopted with gratitude

 

C.      Request that the City Council adopt the resolution to accept a gift in the amount of $3,000.00 from the Trustees of the Fletcher Foundation to the Worcester Public Library. (Attachments)   Resolution adopted with gratitude

 

D.      Request that the City Council adopt the Resolution to accept a gift in the amount of $3,000.00 from the Joseph Persky Foundation to the Worcester Public Library. (Attachments)  Resolution adopted with gratitude

 

22.  PUBLIC SCHOOLS:

 

A.      Communication relative to Status of Boilers in Worcester Public School Buildings. (Attachments)   Referred to Education & College/University Relations Committee

 

B.      Communication relative to the Affirmative Action Plan for the Worcester Public Schools. (Attachments)   Referred to Ethnic & Minority Affairs Committee

 

23.  PUBLIC WORKS:

 

A.      Communication relative to Keep Worcester Clean – September 2004 Activity. (Attachments)  Placed on file

 

B.      Request adoption of an order to accept a drainage easement on behalf of the City, relative to the “High Meadow Estates” Subdivision. (Attachments)   Order adopted

 

C.      Request that the City Council adopt the Resolution accepting a gift of funds, not to exceed $183,750.00 for the design, purchase and installation of a traffic signal on Plantation Street. (Attachments)  Resolution adopted

 

D.      Communication relative to Cost of Trash Collection Versus Fees Generated. (Attachments)   Referred to Public Works Committee

 

24.  PURCHASING:

 

25.  TECHNICAL SERVICES:

 

26.  TREASURY:

 

A.      Communication relative to Legislative Change Affecting the Fiscal Year 2005 Tax Bill Issuance. (Attachments)   Placed on file

 

B.      Communication relative to a betterment assessment and deferral and recovery agreement on 31 Lanesboro Road. (Attachments) Approved on a roll call 11-0

 

27.  VETERANS SERVICES:

 

28.  FINANCE:

 

A.      Request that Fifty Thousand Three Hundred Ninety Eight Dollars and Three Cents ($50,398.03) be authorized from the FY05 Airport Department Ordinary Maintenance, Account #470-92000, to provide funds for the purpose of payment of a prior year invoice. (Attachments)   Order adopted on a roll call 11-0

 

B.      Recommend that Seventeen Thousand Five Hundred Dollars ($17,500.00) be transferred from Account #900-92000, City Manager’s Contingency Account, and appropriated to Account #040-92000, City Manager’s Ordinary Maintenance Account, for the purpose of funding half of the $35,000.00 commitment made to the UniverCity Partnership Initiative. (Attachments)  Order adopted on a roll call 11-0

 

29.  MISCELLANEOUS:

 

A.      Communication relative to Customer Service Plan received from Worcester Housing Authority. (Attachments)   Referred to Housing & Neighborhood Revitalization Committee

 

ORDERS

 

12.     Request Administration report on efforts to secure grant funding from both the U.S. Department of Housing and Urban Development and the Massachusetts Department of Public Health to abate lead paint from Worcester’s housing stock.   (Murray)   (Attachments)  Adopted

 

13.     Request City Manager to provide City Council with a report on his Administration’s review of Massachusetts General Law, Chapter 40R and recommendations, if any, thereto.  (Irish, Haller)   (Attachments)   Adopted

 

13a.   Request Administration to report on the feasibility and cost to provide closed captioning of the Government Channel 12.   Motion-Petty @ #5CC – Adopted   (Attachments)

 

13b.   Request City Solicitor to review the report relative to Worcester’s major railroad lines and explore any theories wherein there is an abutter who without question is causing damage which the City is incurring to the detriment of a neighborhood and report as to what legal recourse the City might have.   Motion-Murray @ #4A CM – Adopted   (Attachments)

 

13c.   Request Administration to contact CSX relative to correcting hazardous situation at 19 Plantation Terrace.  Motion-Gomez @ #4A CM – Adopted   (Attachments)

 

13d.   Request City Manager forward a copy of  Item 19A of the City Manager’s Calendar of January 4, 2005 relative to the Police Department notifying local neighborhood Crime Watch groups whenever a sex offender moves in or out of a neighborhood to all Crime Watches and Neighborhood Associations that meet on a regular basis.   Motion-Haller @ #19A CM – Adopted  (Attachments)

 

13e.   Request City Manager report as to whether the manual system used by the Internal Affairs Division of the Police Department is an unusual process for maintaining employee records or if the City has any other departments using this type of manual system.   Motion-Lukes @ 19B CM – Adopted   (Attachments)

 

13f.    Request City Manager to provide an update relative to the  foundation created for the Public Library.  Motion-Murray @ #21B CM – Adopted   (Attachments)

 

13g.   Request City Manager be and is hereby requested to provide City Council, when available, with the plan for installation of a  traffic signal on Plantation St. at new hotel.  Motion-Clancy @ #23C CM – Adopted   (Attachments)

 

13h.   Request Administration seek to work with the Department of Revenue to modify the language on the real estate tax bill so as to communicate to people that cars should be registered where they are principally garaged.    Motion-Irish @ #26A CM – Adopted (Attachments)

 

13i.    Request Administration to provide City Council with a copy of the agreement, once drafted, relative to the betterment assessment on 31 Lanesboro Rd.   Motion-Lukes @ #26B CM – Adopted (Attachments)

 

13j.    Request City Manager to provide a listing of the twelve member Worcester UniverCity  Partnership Board and a job description for the Director.  Motion-Haller @ #28B CM – Adopted  (Attachments)

 

13k.   Request City Manager to meet quarterly with the directors of all local social service agencies to open the lines of communication and to provide information where they lease or rent space within the City of Worcester for their programs.   Perotto, Gomez, Rushton, Petty, Irish, Haller, White, Palmieri, Clancy, Murray – Suspension of Rules – Adopted   (Attachments)

 

13L.   Request City Manager to provide City Council with a listing of properties purchased by social service agencies in the surrounding towns during the last ten years.  Perotto, Gomez, Rushton, Petty, Irish, Haller, White, Palmieri, Clancy, Lukes, Murray – Suspension of Rules – Adopted   (Attachments)

 

13m.  Request City Manager to request the various and many social service agencies to consider continuing to pay the City of Worcester property taxes on those properties they acquire from this point forward. Perotto, Gomez, Rushton, Petty, Haller, White, Palmieri, Clancy, Lukes, Murray – Suspension of Rules – Adopted (Attachments)

 

13n.   Request City Manager to provide City Council with a listing of properties that have been acquired by social service agencies over the period of the last ten years, and further, report if said properties have been moved to non-tax paying status.      Perotto, Gomez, Rushton, Petty, Irish, Haller, White, Palmieri, Clancy, Lukes, Murray – Suspension of Rules – Adopted  (Attachments)

 

13o.   Request City Manager to report on the gun permitting process, including rules and policies and any changes that the Chief of Police might be implementing.   Petty – Suspension of Rules – Adopted

          (Attachments)

 

14.     RECESS TO FINANCE AND ORDINANCE:  No Items Pending

 

COMMUNICATION

 

15.     Central Mass. Regional Planning Commission transmitting 2004 Annual Report.   (Attachments)   Referred to Public Works Committee.  Also referred to Regional Affairs and Public Service & Transportation Committee for informational purposes

 

RESOLUTION

 

15a.   Recognizing the efforts of the Worcester Earned Income Tax Credit Coalition to inform the public and assist families to access the Earned Income Tax Credit.  Murray – Suspension of Rules – Adopted on a roll call 11-0   (Attachments)

 

REPORTS

 

          16 & 17 ACCEPTED

         

16.     REPORT OF THE PLANNING BOARD Upon the Petition of Lucille Ouellette requesting removal of remaining portion of Yale St. from the Official Map.  (Attachments)

 

17.     REPORT OF THE PLANNING BOARD Upon the Petition of Biodun Akande requesting 3 Beaman Ave. to rezoned from MG-0.5 to RL-7.

          (Attachments)

 

          18 & 19 ACCEPTED & ORDERS ADOPTED

 

          REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the following Petitions requesting crosswalks:  recommend adoption of the accompanying Orders.

 

18.     Mayor Timothy Murray on behalf of Sharon Castro requesting crosswalk on Providence St. where it intersects with Aetna St. (Attachments)

 

19.     Councillor Barbara Haller request pedestrian crosswalk on Cambridge St. in vicinity of the Salvation Army building.  (Attachments)

 

LOAN ORDER TO BE ADOPTED

 

          20 ADOPTED ON A ROLL CALL 11-0

 

20.     That the sum of $1,000,000.00 be appropriated to Account #91C775, Centrum Centre Building Rehabilitation for the purpose of remodeling, reconstructing or making extraordinary repairs to public buildings owned by the City, including costs incidental and related thereto.   (Attachments)

 

TO BE ORDAINED

 

21.     Amending Section 2, Article III of the Zoning Ordinance adopted April 2, 1991 relative to a zone change in the Airport Dr./Goddard Memorial Dr. Area.   (Attachments)  Ordained on a roll call 11-0

 

22.     Amending Section 2, Article III of the Zoning Ordinance adopted April 2, 1991 relative to a zone change in the vicinity of Worcester Regional Airport.  (Attachments)  Ordained on a roll call 11-0

 

23.     Amending Chapter 2 of the Revised Ordinances of 1996 relative to certain permit and inspection fees for the Central St. Hotel project.

          (Attachments)  Ordained on a roll call 10-1 (Lukes-No)

 

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

 

JANUARY 4, 2005

       5:30 P.M.

 

PUBLIC WORKS

 

COUNCIL CHAMBER

 

JANUARY 10, 2005

       5:30 P.M.

 

ETHNIC & MINORITY

AFFAIRS

 

COUNCIL CHAMBER

 

JANUARY 11, 2005

       5:30 P.M.

 

TRAFFIC & PARKING

 

COUNCIL CHAMBER

 

JANUARY 12, 2005

       5:30 P.M.

 

JOINT

PUBLIC SERVICE &

TRANSPORTATION &

CABLE TELEVISION

ADVISORY COMTE.

 

COUNCIL CHAMBER

 

JANUARY 18, 2005

       5:30 P.M.

 

COMMERCE &

DEVELOPMENT

 

COUNCIL CHAMBER

 

JANUARY 19, 2005

       6:30 P.M.

 

HEALTH

 

COUNCIL CHAMBER

 

JANUARY 24, 2005

       6:00 P.M.

 

LAND USE

 

COUNCIL CHAMBER

 

JANUARY 25, 2005

       5:30 P.M.

 

PUBLIC WORKS

 

COUNCIL CHAMBER

 

FEBRUARY 1, 2005

       5:30 P.M.

 

MUNICIPAL OPERATIONS

 

COUNCIL CHAMBER

 

FEBRUARY 8, 2005

       5:30 P.M.

 

MUNICIPAL

OPERATIONS

 

COUNCIL CHAMBER

 

FEBRUARY 15, 2005

       5:30 P.M.

 

PUBLIC WORKS

 

COUNCIL CHAMBER

 

FEBRUARY 16, 2005

       6:00 P.M.

 

COMMERCE &

DEVELOPMENT

 

COUNCIL CHAMBER

 

FEBRUARY 28, 2005

       6:00 P.M.

 

LAND USE

 

COUNCIL CHAMBER