CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – FEBRUARY 8, 2005

7:00 P.M.

Convened:  7:02 P.M.

Adjourned:  9:49 P.M.

 

 

1.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

2.       ROLL CALL – All present except Councillor Lukes who arrived at 7:09 P.M.

 

FIRST ITEM OF BUSINESS

 

          3 – Taken up with Item 8A of the City Manager’s Calendar

 

3.       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, the Arts District and the Canal District project.

 

4.       ITEMS OF CITIZEN INTEREST

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          5 REFERRED TO PLANNING BOARD

 

5.       Daniel Bondzie request to make public Gediminas St.  (Attachments)

 

 

          6-9a REFERRED TO PUBLIC WORKS COMMITTEE

 

6.       Councillor Barbara Haller request guardrail along west side of Newbury St. directly across from intersection of Congress St. (Attachments)

 

7.       Matthew Smith request to construct approximately 580’ of sewer line in Shore Dr. to service proposed office development.  All work to be done at owner’s expense.  (Attachments)

 

8.       Paula Tucker request removal of fire hydrant from in front of 11 Blue Bell Rd. or move it closer to the curb.  (Attachments)

 

9.       Mark Chase request pipe-like handrail be placed from street level over two stairs to sidewalk at 2 Rena St.  (Attachments)

 

9a.     Councillor Konstantina B. Lukes on behalf of Joel Greece request Chandler St. between Mill St. and June St. be repaved and that all sewer covers be even with the street pavement. Referred to Public Works Committee – Suspension of Rules  (Attachments)

 

          10-13 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

10.     Sandra Hamilton request handicap parking in front of 9 Greendale Ave.   (Attachments)

 

11.     Sherriel Lewis, Chairperson, Trustee Board, John St. Baptist Church request two handicap parking spaces at 43 John St.  (Attachments)

 

12.     Jacqueline Pacheco request handicap parking in front of 10 Elizabeth St.   (Attachments)

 

13.     Councillor Barbara Haller on behalf of Mary Lusk request one handicap parking spot large enough to accommodate a van in front of 22 Bluff St.  (Attachments)

 

          14 REFERRED TO YOUTH, PARKS & RECREATION COMMITTEE

 

14.     Thomas Gingras request to install and maintain a memorial on city property at intersection of Flagg St., Richmond Ave. and Aylesbury Rd. in honor of Firefighter James F. Lyons, III who died in the line of duty on December 3, 1999.  (Attachments)

 

ORDERS

 

14a.   Request City Manager to report on the status of the design review for the Wyman Gordon property.   Motion-Haller @ #8A CM – Adopted  (Attachments)

 

14b.   Request City Manager report as to whether or not it is viable to use the bridge built by Mass. Highway on the site of the old Liberty Properties, cost of the bridge, if the railroad is abandoning that particular access and the right of way that was given by Mass. Highway can be reconfigured to access this property so that the access point comes to where the bridge is and instead of being used by the railroad it would be used by motor vehicles.   Motion-Clancy @ #8A CM – Adopted  (Attachments)

 

14c.   Request City Manager to report if there are any tenants in arrears at Union Station.  Motion-Lukes @ #8A CM – Adopted (Attachments)

 

14d.   Request City Manager report as to the full revenue picture for Union Station for the next few years, including garage revenue.  Motion-Clancy @ #8A CM – Adopted  (Attachments)

 

14e.   Request City Manager to provide a breakdown of where equipment from the Homeland Security Grant will be located.  Motion-Clancy @ #5A CM – Adopted  (Attachments)

 

14f.    That when the formal report is presented to City Council relative to the CitySquare project that there be joint Commerce and Development Committee and Public Works Committee meetings held.  Motion-Perotto @ #8C CM – Adopted  (Attachments)

 

14g.   Request City Manager to provide a final cost analysis of Medical City and the state and city partnership on that project.  Motion-Clancy @ #8C CM – Adopted   (Attachments)

 

14h.   Request City Manager to report on the feasibility of  reconfiguring the Route 9 designation from Belmont St. to Shrewsbury St./Pleasant St.  Motion-Clancy @ #8C CM – Adopted  (Attachments)

 

14i.    Request City Manager report as to what the original cost of the proposal of Medical City was and the final cost.  Motion-Lukes @ #8C CM – Adopted  (Attachments)

 

14j.    Request City Manager to provide City Council with a summary of the Community Reinvestment Act reports of all the financial institutions in the City of Worcester.   Motion-Irish @ #17A CM – Adopted (Attachments)

 

14k.   Request City Manager report as to how three deckers are converted into condominiums.  Further, request report include City’s potential number in the coming year relative to homes purchased through the NeighborWorks Homeownership Center.  Motion-Clancy @ #17A CM – Adopted  (Attachments)

 

14L.   Request City Manager to provide a formal report within thirty days relative to design for rehabilitation and redistribution of fields in Beaver Brook.   Motion-Perotto @ #18C CM – Adopted (Attachments)

 

14m.  Request Administration to provide all people who attended the hearing relative to the daylighting of Beaver Brook a copy of the report submitted by the Parks Commissioner that stated that the City probably won’t be able to daylight the rest of the brook.  Motion-Clancy @ #18C CM – Adopted  (Attachments)

 

14n.   Request City Manager to report on the meeting that took place relative to Foley Stadium coming back to the administration.  Further, request report include the status of installing a turf field at Foley Stadium.  Motion-Perotto @ #18C CM – Adopted  (Attachments)

 

14o.   Request City Manager to consider commemorating the Tree Planting Project in the Grafton Hill neighborhood on Arbor Day.  Motion-Clancy @ #19C CM – Adopted  (Attachments)

 

14p.   Request City Manager to provide an update as to whether the City can expect any state subsidy relative to snow removal.  Motion-Clancy @ #23B CM – Adopted  (Attachments)

 

14q.   Request City Solicitor report as to timelines for hearing items that are referred to the Land Use Committee.   Motion-Clancy @ #19 & 20CC – Adopted  (Attachments)

 

14r.    Request Administration to report relative to the status of ongoing repairs at the Elm St. garage.  Irish – Suspension of Rules – Adopted  (Attachments)

 

14s.   Request Administration to clarify what is expected for sidewalk snow removal with regard to:  (a) width;  (b) degree of clearance and (c) unsolicited enforcement.  Haller – Suspension of Rules – Adopted (Attachments)

 

14t.    Request City Manager to provide a Police check for snow removal from the sidewalks on Highland St. between the Courthouse and Park Ave.  Lukes – Suspension of Rules – Adopted   (Attachments)

 

14u.   Request Administration to contact the Commonwealth’s Executive Office of Public Safety and express the City’s strong support for a speedy establishment of a satellite Medical Examiner’s Office in Worcester.  Haller – Suspension of Rules – Adopted (Attachments)

 

14v.   Request Administration to provide a report to City Council on the proposed use of and timelines for the recently announced HUD federal aid to Worcester and various communities.  Haller – Suspension of Rules – Adopted  (Attachments)

 

14w.  Request City Manager to increase parking enforcement along Austin  St. between Whittier Terrace and Crown St., including overnight parking of commercial vehicles.   Haller – Suspension of Rules – Adopted  (Attachments)

 

14x.   Request City Manager to report on the status of the request for a report on the rights of a property owner on a private street to have a vehicle towed from in front of their property.  White – Suspension of Rules – Adopted   (Attachments)

 

15.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR FEBRUARY 8, 2005

 

APPOINTMENTS

 

1.  NON-CITY COUNCIL CONFIRMATION:

 

A.      Notification of Constable appointments – Roger Gervais, Jr. and Milton Santiago. (Attachments)   Placed on file

 

2.  CITY COUNCIL CONFIRMATION:

 

TRANSMITTAL

 

3.  AIRPORT:

 

4.  ASSESSORS:

 

5.  BUDGET OFFICE:

 

A.      Request adoption of a U.S. Department of Homeland Security (USDHS) Grant – Summary and Resolution. (Attachments)   Resolution adopted on a roll call 11-0.  Also referred to Public Safety Committee and Regional Affairs Committee for informational purposes

 

6.  CODE ENFORCEMENT:

 

A.      SUPPLEMENTAL – Communication relative to Request for Domestic Violence Hotline.  (Attachments)  Referred to Public Safety Committee

 

B.      SUPPLEMENTAL – Communication relative to Report on the Status of the Women’s Safety Network.  (Attachments)   Referred to Public Safety Committee

 

7.  COMMUNICATIONS:

 

A.      Communication relative to Geographic Positioning System. (Attachments)   Placed on file

 

8.  ECONOMIC DEVELOPMENT:

 

A.      Communication relative to the Economic Development Initiatives Report for February 2005. (Attachments)   Referred to Commerce & Development Committee, Public Works Committee, Public Service & Transportation Committee, Housing & Neighborhood Revitalization Committee, Land Use Committee and Strategic Planning Committee

         

B.      Communication relative to Worcester Creative City Initiative. (Attachments)  Referred to Commerce & Development Committee

 

C.      Communication relative to the status of the partnership the City is forging with Berkley Investments, Inc., and Starwood Capital. (Attachments)  Councillor Irish recused on a roll call 9-0 (Palmieri absent) – Referred to joint Public Works and Commerce & Development Committees for a hearing

 

9.  ELDER AFFAIRS:

 

A.      Request adoption of a resolution to file and accept a grant from the Greater Worcester Community Foundation for culturally appropriated programs at the Worcester Senior Center. (Attachments)  Resolution adopted

 

10.  ELECTION COMMISSION:

 

11.  EMERGENCY MANAGEMENT:

 

12.  EMPLOYMENT & TRAINING:

 

13.  FIRE:

 

A.      Request adoption of a resolution to file and accept funds under the FY05 Firefighters Equipment Program through the Massachusetts Executive Office of Public Safety. (Attachments)  Resolution adopted.  Also referred to Public Safety Committee for informational purposes

 

B.      Request adoption of a resolution to file and accept a Grant for the FY 2005 Student Awareness of Fire Education (SAFE) Grant with the Massachusetts Executive Office of Public Safety Programs Division. (Attachments)  Resolution adopted

 

14.  HUMAN RESOURCES:

 

A.      Communication relative to the Chapter 467 of the Acts of 2004, “An Act Increasing the Minimum Age for Appointment as a Police Officer”. (Attachments)   Referred to Public Safety Committee

 

15.  LAW:

 

A.      Communication relative to the Arena Lease Agreement, including amendments one through seven, between the City and SMG. (Attachments)  Placed on file

 

B.      Communication relative to Copies of Charter Communications’ Annual Reports for 2002 and 2003. (Attachments)  Placed on file

 

16.  LICENSE COMMISSION:

 

17.  NEIGHBORHOOD SERVICES:

 

A.      Communication relative to the City’s NeighborWorks Home Ownership Center. (Attachments)  Referred to Housing & Neighborhood Revitalization Committee and Community Development Committee

 

B.      Communication relative to the Developing Alternatives for Women Now (DAWN) program. (Attachments)  Referred to Public Safety Committee

 

C.      Communication relative to a Request for Proposal and Application Material for the Designation of Neighborhood Revitalization Strategy Areas under the CDBG Year 31 Program. (Attachments)  Referred to Community Development Committee

 

D.      SUPPLEMENTAL – Communication relative to the FY 2006 Federal budget being recommended by President Bush. (Attachments) Referred to Community Development Committee

 

18.  PARKS, RECREATION & CEMETERY:

 

A.      Request adoption of a resolution to file and accept a donation of $100.00 from Mr. Stan L. Pignone, a Korean War Veteran, for the care and maintenance of the Vietnam Veterans Memorial. (Attachments)  Resolution adopted with gratitude

 

B.      Request adoption of a resolution to file and accept a donation of $3,900.00 from Victory in Christ Worcester South Foursquare Church. (Attachments)  Resolution adopted with gratitude

 

C.      Communication relative to a Grant Award for $400,000.00 for the renovations of Beaver Brook Park from the Commonwealth of Massachusetts Executive Office of Environmental Affairs, Department of Conservation Services Urban Self Help Program in Cooperation with the Worcester Department of Public Works Daylighting of the Culvert at Beaver Brook. (Attachments)  Referred to Youth, Parks & Recreation Committee

 

D.      Communication relative to the success of the Mass Releaf Tree Planting Project in the Grafton Hill neighborhood. (Attachments)  Placed on file

 

E.      Communication relative to the 2005 March Madness Basketball Tourney. (Attachments)  Placed on file

 

F.      Communication relative to an Invitation to the Third Public Hearing on the Master Initiative for Improvements to Rockwood Field. (Attachments)  Placed on file

 

19.  POLICE:

 

20.  PUBLIC HEALTH:

 

21.  PUBLIC LIBRARY:

 

A.      Request that the City Council adopt a resolution to accept a donation in the amount of $15,000.00 from the Worcester Public Library Foundation to the Worcester Public Library. (Attachments)  Resolution adopted with gratitude

 

22.  PUBLIC SCHOOLS:

 

23.  PUBLIC WORKS:

 

A.      Communication relative to FY’05 Sidewalk Rehabilitation Program. (Attachments)  Placed on file

 

B.      Communication relative to the Snow Removal Budget for Fiscal Year 2005. (Attachments)  Referred to Public Works Committee

 

C.      Request adoption of an Order of Taking by which the city would acquire a watershed preservation restriction on 87 acres of land located within and adjacent to the Holden Reservoir #1 watershed. (Attachments)  Referred to Public Works Committee for February 15, 2005 meeting

 

24.  PURCHASING:

 

25.  TECHNICAL SERVICES:

 

 

26.  TREASURY:

 

A.      Request review, consideration and adoption of an order requesting the Transfer of Jurisdiction of Land, to the Conservation Commission. (Attachments)  Order adopted on a roll call 9-0 (Palmieri, White absent)

 

27.  VETERANS SERVICES:

 

28.  FINANCE:

 

A.      Recommend that Five Hundred Thousand Dollars ($500,000.00) be transferred from Account #91C741, Street Construction, and appropriated to Account #41C741, Street Resurfacing, for the purpose of funding contractual obligations related to various street resurfacing projects, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 10-0 (Palmieri absent)

 

B.      Request authorization to pay One Hundred Thirty Five Dollars ($135.00) for a prior year invoice from Account #250-92000, Police Department Ordinary Maintenance. (Attachments)  Order adopted on a roll call 10-0 (Palmieri absent)

 

C.      Recommend that Twenty Seven Thousand Two Hundred Fifty Dollars ($27,250.00) be transferred when and as received from Account #91C780, Citywide Capital Equipment, and appropriated to Account #26C701, Fire Department Capital Equipment, to provide additional funding towards the payment of expenditures associated with refurbishing of a Fire Department Aerial Scope, as approved in the Fiscal 2003 Capital Improvement Budget. (Attachments)  Order adopted on a roll call 10-0 (Palmieri absent)

 

D.      Recommend that One Thousand Five Hundred Dollars ($1,500.00) be transferred from Account #900-92000, City Manager’s Contingency, and appropriated to Account #115-92000, Zoning/Planning Board, to provide funds to change meeting location for the Planning Board and Zoning Board of Appeals. (Attachments)  Order adopted on a roll call 10-0 (Palmieri absent)

 

29.  MISCELLANEOUS:

 

A.      Communication relative to SMG and the American Hockey League All-Star Game. (Attachments)  Order adopted

 

B.      Communication relative to a press conference regarding the City Manager’s Advisory Committee on the Status of Women. (Attachments)  Placed on file

 

16.     RECESS TO FINANCE AND ORDINANCE:  No Items Pending

 

COMMUNICATIONS

 

17.     Karen Boulay, Administrative Assistant, Upper Blackstone Water Pollution Abatement District transmitting Fiscal Year 2004 Annual Report.   (Attachments)   Referred to Public Works Committee

 

18.     Steve Patton, Executive Director, Worcester Common Ground transmitting 2004 Annual Report.  (Attachments)   Placed on file

 

REPORTS

 

          19 & 20 TO LAND USE

 

19.     REPORT OF THE PLANNING BOARD Upon the Petition of Joe Boynton, Chairman, Worcester Planning Board requesting to amend Article IV, Table 4.2 of the Worcester Zoning Ordinance relative to Permitted Dimensions by District.  (Attachments)  Tabled

 

20.     REPORT OF THE PLANNING BOARD Upon the Petition of Joe Boynton, Chairman, Worcester Planning Board requesting 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)   Tabled

 

TABLED

 

21.     Order – Request City Council to vote its opposition to any raises for City Council for the 2006 term.  (Lukes)  (Tabled January 18, 2005) (Attachments)   No Action Taken

 

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

 

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