CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – JANUARY 18, 2005

7:00 P.M.

 

The City Council will recess to Executive Session at the conclusion of the  meeting to consider the purchase, lease and value of real estate (in connection with establishment of a new public street layout and construction of a public parking garage at the former Worcester Center property)

 

Convened:  7:08 P.M.

Recessed to Executive Session:   8:10 P.M.

Recessed to Open Session to Adjourn:   9:40 P.M.

 

 

1.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

2.       ROLL CALL – All present except Mayor Murray.  Councillor Gomez was in the Chair

 

3.       ITEMS OF CITIZEN INTEREST

 

4.       ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          5 - REFERRED TO PLANNING BOARD

 

5.       Paul Spagnolia request to make public Carpenter Ave. (Attachments)

 

          6 – REFERRED TO PUBLIC SERVICE & TRANSPORTATION COMMITTEE

 

6.       Jack Foley, Clark University request increased wattage on street lights on Downing St. (Pole #5) and Charlotte St. (Pole #4) form 150 watts to 250 watts.   (Attachments)

 

          7-9 – REFERRED TO PUBLIC WORKS COMMITTEE

 

7.       David Martin request resurfacing of Oriol Dr.  (Attachments)

 

8.       Daniel Roncone request to extend sewer main on Kittery St. southwesterly a distance of 84’ and then northwesterly into Arrow St. a distance of 251’ at the expense of the developer.  (Attachments)

 

9.       Councillor Philip Palmieri on behalf of Joe Simone request sidewalk repair in front of 22 Wilson St.  (Attachments)

 

          10-13 – REFERRED TO TRAFFIC & PARKING COMMITTEE

 

10.     Patricia Austin et al request installation of signage on Plantation St. before and at Aitchison St. and at Shrewsbury St. to indicate to drivers the correct route to access Rt. 9 West (Belmont St.) (Attachments)

 

11.     Ammar Alzaher request removal of handicap parking at 13 South Ward St.   (Attachments)

 

12.     Councillor Barbara Haller request installation of a crosswalk in Cambridge St. at the intersection of Sheridan St.  (Attachments)

 

13.     Ramon & Cleopatra Camilo request resident permit parking near nursing home and park near 97 Houghton St.  (Attachments)

 

CHAIRMAN’S ORDERS

 

          14-19 FROM ETHNIC & MINORITY AFFAIRS - ADOPTED

 

14.     Request City Manager update City Council concerning the status portion in each of the categories in the September 28, 2004 Transition Plan Update.   (Attachments)

 

15.     Request City Manager to remind all departments of the requirements that the three designated entities:  the Center for Living and Working, the Advisory Committee on People with Disabilities and Rights, Equality and Dignity for the Disabled be contacted for review of plans that fall under ADA jurisdiction.   (Attachments)

 

16.     Request City Manager to consider using a reference to ADA commitment on future City of Worcester stationary.  (Attachments)

 

17.     Request City Manager to report concerning the use of assisted listening devices for public agency meetings broadcast on cable television.   (Attachments)

 

18.     Request City Manager report to City Council if ADA compliance has been required as part of the request for space for the Executive Office of Neighborhood Services and at polling locations.  (Attachments)

 

19.     Request City Manager report to City Council concerning staffing and overall funding in other cities for ADA-related work.   (Attachments)

 

          20-26 FROM PUBLIC SERVICE & TRANSPORTATION – ADOPTED

 

20.     Request City Manager provide City Council with an outline of services provided under the terms of the current contract for cable services from Charter Communications.  (Attachments)

 

21.     Request City Manager provide City Council with quarterly reports on resolutions to cable television issues.  (Attachments)

 

22.     Request City Manager to obtain from Charter Communications for the information of the City Council, a complete listing of the various discounts offered to subscribers.  (Attachments)

 

23.     Request City Manager provide City Council with information identifying what the technology access is that we need over the next ten years as a community, and how do we include the various components to achieve same in a cable contract.   (Attachments)

 

24.     Request City Manager to provide City Council with a list of all recent financial and in-kind contributions made by Charter to community efforts.  (Attachments)

 

25.     Request City Manager to request Charter Communications engage with the Advisory Committee to answer the following questions:  (as enclosed).  (Attachments)

 

26.     Request City Manager report to City Council on the feasibility of creating a public electric company in the City of Worcester. (Attachments)

 

          27 FROM PUBLIC WORKS - ADOPTED

 

27.     Request City Manager to request the Commissioner of Public Works to review and report to City Council concerning the Stop signs in the vicinity of the intersection of Franklin and Harding Sts. (Attachments)

 

          28 FROM TRAFFIC & PARKING - ADOPTED

 

28.     Request City Manager to request the Commissioner of Public Works to communicate with the management of the CVS at 256 Lincoln St. to request that they consider installing one handicap parking space in their parking lot immediately adjacent to the entranceway of the store.

          (Attachments)

ORDERS

 

29.     Request City Council to vote its opposition to any raises for the City Council for the 2006 term.   (Lukes)   (Attachments)  Tabled on a roll call 7-3 (Gomez, Haller, Lukes – No) (Murray absent)

 

30.     Request City Manager provide City Council with a report concerning the Worcester Common to include a programming schedule for use of the park for the year following its completion.   (Murray, Petty) (Attachments)  Adopted

 

31.     Request City Manager to request the Commissioner of Public Works to interact with retailers at White City to clarify the cooperative effort to clear snow from sidewalks on the lake bridge.   (Palmieri) (Attachments)  Adopted

 

32.     Request City Manager to update City Council regarding the PILOT program.  (Palmieri)   Councillor Irish moved to amend:  Further, request report from Administration reflect discussions with all of the non-profits in the City relative to various options that have been suggested by the City Council such as how they might make a contribution to the City’s housing stock, well being of the City’s youth and/or to make a payment in lieu of taxes.  Adopted, as amended   (Attachments) 

 

33.     Request Administration to evaluate the feasibility of utilizing the Municipal Express Program as a tool to redevelop properties into housing units to supply our desperate need.  (Gomez)  (Attachments) Adopted

 

34.     Request City Manager to report on the composition of Boards and Commissions as to the number of women and minorities on each Board or Commission for the past 10 years, by year.  (Lukes, Haller) (Attachments)   Adopted

 

35.     Request City Manager to report on the composition of executive management employees, Police and Fire Departments and School Department, instructional and administrative employees as to the number of women and minorities for the past 10 years, by year. (Lukes, Haller)  (Attachments)    Adopted

 

36.     Request City Manager report to City Council concerning the present regulations regarding home-based businesses located in residential zones.  Report to include any changes to the Zoning Ordinance that are under consideration.  Said report to also include regulations regarding signage and parking.  (Lukes, Haller, Perotto, Murray) (Attachments)   Adopted

 

37.     Request City Manager report to City Council concerning enforcement procedures and inspection frequencies regarding all aspects of home-based businesses, including what evidence of residency is required to be submitted by the business owner.  Said report to also include information concerning procedures that are taken when non-compliance is identified and information concerning what occurs when a transfer of title is recorded for a location where a home-based business operates.  (Lukes, Haller, Perotto, Murray)  (Attachments)

          Adopted

 

38.     Request City Manager to consider and report to City Council concerning creation of an annual fee to cover expenses associated with annual inspections for continuing compliance with ordinances associated with home-based businesses located in residential areas.

          (Lukes, Haller, Perotto, Murray)  Councillor Lukes moved to amend: Further, request a legal opinion as to creation of said fee. Adopted, as amended   (Attachments)

 

39.     Request City Manager provide City Council with a report concerning properties located in the City of Worcester recently purchased or under agreement for purchase by Southern Middlesex Opportunity Council (SMOC).  Said report to include intended use for said properties.  (Haller, Petty)   Councillor Irish moved to amend: Further, request Administration exercise discretion in providing City Council with information so as to not violate any privacy issues.   Adopted, as amended  (Attachments)  

 

40.     Request City Manager report to City Council regarding City’s towing policy, real and actual, for vehicles violating the winter parking ban. (Haller)  (Attachments)   Adopted

 

41.     Request City Manager to request the Head Librarian and the Library Board of Directors to consider adjusting the hours of operation of the Frances Perkins branch library so that the days of operation expand from 3 to 5, consider reducing evening hours by 3 hours and applying those hours to additional days each week so that the building is more regularly accessible to the public.   (White, Murray)   Councillor White moved to amend: Further, request City Manager consider placing a survey in the Frances Perkins Library so that people who frequent the library could be asked their opinion as to hours of operation of the library.  Adopted, as amended (Attachments)  

 

41a.   Request Administration to report on the impact of increasing the wattage on streetlights on Downing St. (Pole #5) and Charlotte St. (Pole #4) from 150 watts to 250 watts and whether there are any constraints on making requests to increase streetlight wattage.  Motion – Haller @ #6CC – Adopted   (Attachments)  

 

41b.   Request City Manager to consider a task force within his Administration to survey the City relative to home based businesses as to type of business, location of businesses and zoning.  Motion-Perotto @ #36CC – Adopted   (Attachments)  

 

42.     SEWER ASSESSMENT:  MCCLINTOCK AVE. (Attachments)  Adopted

 

43.     RECESS TO FINANCE AND ORDINANCE:  No Items Pending

 

COMMUNICATIONS

 

44.     James DelSignore, City Auditor transmitting communication relative to tax titles as of and for the six months ending December 31, 2004.

          (Attachments)  Referred to Land Use Committee

 

45.     James DelSignore, City Auditor transmitting computation of legal debt margin as of December 31, 2004.  (Attachments)   Referred to Municipal Operations Committee

 

REPORTS

 

          46 – VOTED TO ADVERTISE PROPOSED ORDINANCE

 

46.     REPORT OF THE COMMITTEE ON ORDINANCES Upon the 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 the BG-3.0 district to include entire parcel 06-0166-0003, a portion of which is currently zoned RG-5.0:  recommend passage of the accompanying proposed Ordinance.   (Attachments)

 

          47 - ACCEPTED

 

47.     REPORT OF THE PLANNING BOARD Upon the Petition of Sandra Smith requesting removal of private portion of Denver Terrace from the Official Map and abandon same area as a sewer easement.

          (Attachments)

 

          48-54 - REFERRED TO PUBLIC WORKS COMMITTEE

 

48.     REPORT OF THE PLANNING BOARD Upon the Petition of Huy Nguyen requesting installation of sewers in Accommodation St. (Attachments)

 

          REPORT OF THE PLANNING BOARD Upon the following Petitions requesting streets be made public:

 

49.     Huy Nguyen request to make public Accommodation St. (Attachments)

 

50.     Gary Sena request to make public Balis Ave.  (Attachments)

 

51.     Joyce Vaudreuil et al request to make public Clover St. from #175 to Heard St. and Paul Pietrowicz et al requesting to make public Clover St. from #137 to #151.  (Attachments)

 

52.     Frank DellOvo request to make public private portion of Inverness Ave.  (Attachments)

 

53.     John Bottis et al request to make public Maranda St.  (Attachments)

 

54.     Abby Rad, Pro Tech, Inc. request to accept Papagni Circle as a public street.  (Attachments)

 

          55 - ACCEPTED & ORDER ADOPTED

 

55.     REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councillor Joseph Petty request City of Worcester assume lease cost for streetlight in front of 29 Tallawanda Dr.:  recommend adoption of the accompanying Order. (Attachments)

 

          56 - ACCEPTED & ORDER ADOPTED ON A ROLL CALL  10-0 (Murray absent) – RECONSIDERATION DENIED ON                   A ROLL CALL 0-10

 

56.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager relative to FY05 Sidewalk Rehabilitation Program:  recommend adoption of the accompanying Order.    (Attachments)

 

          57 & 58 - ACCEPTED & ORDERS ADOPTED

 

57.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Larry DiGregorio requesting to extend sewer main from Lake Ave. 400’ on Dominion Rd. at owner’s expense:  recommend adoption of the accompanying Order.  (Attachments)

 

58.     REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Report of the Committee on Traffic and Parking upon the Petition of Councillor Juan Gomez on behalf of Bishop Walter J. Weekes, Sr. requesting installation of a traffic light at 1189 Main St.:  recommend adoption of the accompanying two Orders requesting the City Manager to request the Police Chief to direct a route car on a regular basis to the area of 1189 Main St. on Sundays between 10:30 a.m. and 1:30 p.m. to assist the public in safe crossing of Main St. and requesting the City Manager to request the Commissioner of Public Works to install appropriate additional signage in the vicinity of 1189 Main St. to guard pedestrians attempting to cross the street against motorists proceeding without taking the safety of pedestrians, especially children, into consideration.   (Attachments)

 

          59-75 – VOTED TO ADVERTISE PROPOSED ORDINANCES

 

          REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the following Petitions requesting handicap parking:  recommend passage of the accompanying proposed Ordinances.

 

59.     Councillor Barbara Haller request one handicap parking space at 33 Canterbury St.   (Attachments)

 

60.     Anthony Hmura request handicap parking in front of 37 Canterbury St.   (Attachments)

 

61.     Antonio Rivera request handicap parking in front of 16 Channing St. (Attachments)

 

62.     John Curran request handicap parking in front of 5 Gilman St. (Attachments)

 

63.     Louis Scaturro request handicap parking in front of 1 Judson Rd. (Attachments)

 

64.     Johnny McCoy, Jr. request handicap parking in front of 7 Preston St. (Attachments)

 

65.     Mark Chase request handicap parking near 2 Rena St. (Attachments)

 

66.     Peter Panagopoulos request handicap parking near 39 Wall St. (Attachments)

 

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the following Petitions requesting removal of handicap parking:  recommend passage of the accompanying proposed Ordinances.

 

67.     Ronald Haddad request removal of handicap parking from in front of 7 Esther St.   (Attachments)

 

68.     Evelyn Feraud request removal of handicap parking from in front of 28 Esther St.   (Attachments)

 

69.     Thomas Nguyen et al request removal of handicap parking from corner of Fairmont Ave. and Grafton St.  (Attachments)

 

70.     John Pichierri, Sr. request removal of handicap parking from in front of 95 Gage St.  (Attachments)

 

71.     William Massey request removal of handicap parking from in front of 27 Malvern Rd.   (Attachments)

 

72.     Ronald Roy request removal of handicap parking from in front of 7 Russell St.  (Attachments)

 

73.     Suzanne Wheeler request removal of handicap parking from in front of 81 Russell St.  (Attachments)

 

74.     REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Louise Godin request handicap parking at 45 Arlington St. be removed and installed at 91 Southgate St.:  recommend passage of the accompanying two proposed Ordinances. (Attachments)

 

75.     REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Laurie Kalvinek request to move handicap parking from in front of 101 Kendig St. to side yard across from 100 Kendig St.:  recommend passage of the accompanying proposed Ordinance.   (Attachments)

 

76-84 ACCEPTED

 

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the following Petitions requesting handicap parking:  recommend Petitions be placed on file.

 

76.     Carmen Arvizu request handicap parking in front of 32 Arthur St. (Attachments)

 

77.     Josephine DeBonis request handicap parking at 61 Prospect St. (Attachments)

 

78.     Sherry Bergeron request handicap parking in front of 6 South Harlem St.   (Attachments)

 

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the following Petitions requesting handicap parking:  recommend Petitioners be given leave to withdraw.

 

79.     Luis Rodriguez request handicap parking in front of 4 Delaware St. (Attachments)

 

80.     James DiMucci request handicap parking in front of 16 Ellsmere St. (Attachments)

 

81.     Oswin Notice & Elizabeth Dupuis request handicap parking in front of 24 Euclid Ave.  (Attachments)

 

82.     Mary Morin request handicap parking between 3-5 Jefferson St. (Attachments)

 

83.     Arsenia Fernandez on behalf of Maria Cabrera request relocation of handicap parking from 41 Kingsbury St. to 15 Melville St.

(Attachments)

 

84.     REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of James DiMucci request handicap parking in front of 16 Ellsmere St.:  recommend Petition be denied.   (Attachments)

 

TABLED UNDER PRIVILEGE

 

85.     Petition – William Coleman, III request City Council and Mayor appoint a Citywide diverse committee of community volunteers to hold open discussions on compensation of City of Worcester elected officials, i.e. City Council, Mayor and School Committee to be seated in 2006 with a set of goals and making a recommendation to Council to vote on in March 2005.   (Attachments)   Taken off the Table and placed on file

 

86.     Petition – William Coleman, III request City Council and Mayor consider a pay adjustment for Council and School Committee members who take office in January 2006 – Mayor $50k, Council $25k and School Committee $13.5k on a vote to take place in March 2005.  (Attachments)  Taken off the Table and placed on file

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

 

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

 

JANUARY 27, 2005

      6:00 P.M.

 

PUBLIC SERVICE &

TRANSPORTATION

 

COUNCIL CHAMBER

 

JANUARY 31, 2005

      6:00 P.M.

 

PUBLIC SAFETY

 

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