CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – JUNE 7, 2005

7:00 P.M.

Convened:  7:00 P.M.

Adjourned:  7:47 P.M.

 

 

1.       INVOCATION –  Pastor Edred A. Black

Grace Community Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present except Councillor White who arrived at 7:10 P.M.

 

4.       ITEMS OF CITIZEN INTEREST

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          5 – REFERRED TO PARKS DEPARTMENT

 

5.       Sarah & Charles Lenis request removal of trees and replacement of sidewalk at 35 Otsego Rd.   (Attachments)

 

          6 & 7 - REFERRED TO PLANNING BOARD

 

6.       Attorneys Patricia Finnegan Gates & Samuel DeSimone request to change the Zoning Map of the City of Worcester by placing an Adaptive Reuse Overlay District over certain parcels of property abutting Main St., Aldena Rd. and Meridale Rd.  (Attachments)

 

7.       Ronald Lorusso request to change zoning classification of Lot 4B on Woburn St. From MG-0.5 to RL-7.  (Attachments)

 

          8 – REFERRD TO PUBLIC SERVICE & TRANSPORTATION COMMITTEE

 

8.       Antonio Corapi request installation of street light on pole #5 on Ansonia Rd.   (Attachments)

 

          9-11 – REFERRED TO PUBLIC WORKS COMMITTEE

 

9.       Eugeniy Ayzenshtat request to extend existing 2” water main on Yukon Ave. approximately 180’ at Petitioner’s expense. (Attachments)

 

10.     Alan Starr, President, Jonstar Realty Corp. request to extend water main to 52 & 54 Evers St. at Petitioner’s expense. (Attachments)

 

11.     Robert Jarvis request sidewalk repair at corner of Astrid Ave. and Providence St.   (Attachments)

 

          12-17 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

12.     James Grout request handicap parking in front of 40 King St. (Attachments)

 

13.     Councillor Barbara Haller on behalf of Cheryl Turner Elwell et al request on-street parking on northerly (even-numbered) side of Hawthorne St. be banned.  (Attachments)

 

14.     Councillor Konstantina Lukes on behalf of Susan Pibus request removal of handicap parking at 40 Esther St.  (Attachments)

 

15.     Councillor Konstantina Lukes on behalf of Susan Pibus request removal of handicap parking at 6 Mars St.  (Attachments)

 

16.     Joseph Borbone, Director of Engineering, DPW request approval of changes to Resident Permit Parking areas on College Hill to accommodate the new baseball schedule at Fitton Field.  Residents request current Resident Permit Parking from September 1st to June 1st be changed to restrict parking all year on the following streets:  College St., north side from Dutton St. to a point 50’ east of Kendig St.; College St., north side from Kendig St. to City View St.; College St., south side from Kendig St. to Dutton St.; Dutton St., both sides, entire public length and Electric St., both sides from College St. to easterly dead end.   (Attachments)

 

17.     Maureen Booker request Deaf Child sign at corner of Pleasant and Mower Sts.   (Attachments)

 

CHAIRMAN’S ORDERS

 

         18-20 – FROM JOINT COMMERCE & DEVELOPMENT AND PUBLIC WORKS COMMITTEE – Councillor Irish recused on a roll call 9-0 (White absent) – Chairman’s Orders adopted

 

18.     Request City Manager to consider the following items in future negotiations with Berkeley Investments concerning the CitySquare project:  a partnering with local artists for more interesting public space, establishment of a Design Review Board and a relationship with the neighbors of the site.  (Attachments)

 

19.     Request City Manager to provide City Council with data regarding all Starwood/Berkeley partnerships over the past five years. Attachments)

 

20.     Request City Manager to request Starwood Capital to have present at a future Joint Committee meeting an individual from their firm who is well versed in any of their public/private partnerships.   (Attachments)

 

ORDERS

 

21.     Request Administration to consider initiating a downtown holiday lighting display and to report on the design, geographical location and cost of such a display, including private funding.  (Lukes) (Attachments)   Adopted

 

22.     Request Administration to submit a legal opinion as to the meaning of MGL 40A, Section 3 as it applies to group homes and the requirement that whether such entities be defined as a non-profit educational institution.   (Lukes)   (Attachments)   Adopted

 

23.     Request Administration report on the process followed by the City pursuant to MGL Chapter 40A, Section 3 to determine and make findings that a non-profit educational corporation seeking local approval by way of a building permit request or other request actually qualifies as a protected entity eligible for exemption from reasonable enforcement of local zoning regulations and what the process, if any, is available for appeal of the City’s findings to the Zoning Board of Appeals.  (Lukes)  (Attachments)  Adopted

 

24.     Request City Manager to request the City Solicitor to review and report to City Council concerning the U.S. Department of Housing and Urban Development’s (HUD) regulations as they relate to HUD’s definition and approved timelines for Emergency Shelter Grants so as to ensure our compliance with said regulatory definitions and timelines within the Administration’s funding recommendations currently before the City Council.  (Murray)  (Attachments)   Adopted

 

          25 - ADOPTED

 

25.     SEWER BETTERMENT ASSESSMENT:  LAKE AVE. (Attachments)

 

26.     RECESS TO FINANCE AND ORDINANCE:  No Action Taken

 

FINANCE

a)       #21A CM  May 3, 2005

Communication of the City Manager concerning hours of operation at the Frances Perkins Branch Library.  (Attachments)

 

b)          #47 CC May 24, 2005

Communication of the City Manager transmitting City of Worcester FY06 Municipal Budget. (Attachments)

 

COMMUNICATIONS

 

27.     James DelSignore, City Auditor transmitting report relative to the Worcester Retirement Board investing a small part of its investment portfolio into a fund that lends to first time home buyers in the City. (Attachments)   Referred to Municipal Operations Committee

 

28.     Elizabeth Early, Executive Secretary, Worcester Retirement Board transmitting Worcester Retirement System Financial Board minutes. (Attachments)   Referred to Municipal Operations Committee

 

29.     Communication of the City Manager requesting adoption of an Order of Taking for easements and a watershed preservation restriction on approximately 95 acres on Bryant Rd. in Holden, Mass. and Route 68 East County Rd in Rutland, Mass.  (Attachments)   Order adopted on a roll call 11-0 – Reconsideration denied on a roll call 0-11

 

30.     Communication of the City Manager relative to a flyer that is being distributed to the neighborhood and businesses throughout the College Hill area regarding the start of the season of  the Worcester Tornadoes.  (Attachments) Placed on file

 

31.     Communication of the City Manager relative to requests made by City Council during the budget hearing on May 31, 2005.  (Attachments)  Referred to Finance

 

32.     Communication of the City Manager transmitting the first of several reports which contains responses to questions raised both by the Joint Committee of Commerce & Development and Public Works and the City Council concerning the proposed CitySquare Project. (Attachments) Councillor Irish recused on a roll call 10-0 – Referred to Joint Commerce & Development and Public Works Committee

 

33.     Communication of the City Manager relative to finance requests that were made during the budget hearing on May 31, 2005. (Attachments)   Referred to Finance

 

33a.   Communication of the City Manager relative to string of nighttime break-ins throughout the City.  (Attachments)  Referred to Public Safety Committee – Suspension of Rules

 

33b.   Communication of the City Manager in response to City Council budget requests of May 31, 2005 – Job descriptions Commissioner of Economic & Neighborhood Development and Director of Economic Development.  (Attachments)   Referred to Finance – Suspension of Rules

 

33c.   Communication of the City Manager relative to CitySquare Parking Program Financial Assessment, prepared by the City’s independent parking consultant DESMAN Associates.  (Attachments)  Referred to Joint Commerce & Development and Public Works Committee – Suspension of Rules

 

REPORTS

 

          34 & 35 – COUNCIL VOTED ON A ROLL CALL 11-0 TO ADVERTISE THE PROPOSED ORDINANCES –RECONSIDERATION DENIED ON A ROLL CALL 0-11

 

34.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager requesting City Council approve the proposed increase to the Sewers and Storm Water Management, Section 6 Capacity Fee: recommend passage of the accompanying proposed Ordinance.   (Attachments)

 

35.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager relative to FY06 Water and Sewer Rate recommendations:  recommend passage of the accompanying proposed Ordinance.   (Attachments)

 

          36-54 ACCEPTED & ORDERS ADOPTED

 

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

 

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

 

37.     John MacKoul on behalf of Hidden Farm Estates, Inc. request to make public Blackthorn Dr.  (Attachments)

 

38.     John MacKoul on behalf of Hidden Farm Estates, Inc. request to make public Chestnut Hill Dr.  (Attachments)

 

39.     John MacKoul on behalf of Hidden Farm Estates, Inc. request to make public Hidden Farm Dr.  (Attachments)

 

40.     Frank Dellovo request to make public private portion of Inverness Ave.   (Attachments)

 

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

 

42.     John MacKoul on behalf of Hidden Farm Estates, Inc. request to make public Silver Spruce Circle.   (Attachments)

 

43.     John MacKoul request to make public Tattan Farm Rd. (Attachments)

 

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

 

44.     Esther Moynagh request sidewalk repair at 26 Abington St. (Attachments)

 

45.     Fred & Athena Pappas request sidewalk repair on Rittenhouse Rd. side of 37 Flagg St.  (Attachments)

 

46.     Roger & Patricia Albrecht request sidewalk repair at 32 So. Flagg St. at end of driveway.  (Attachments)

 

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

 

47.     Michael McDade request Hillside St. be paved.  (Attachments)

 

48.     Alden Goldstein request resurfacing of Longfellow Rd. (Attachments)

 

49.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Charbel Najem request to extend sanitary main to three lots on Antoine St. at Petitioner’s expense:  recommend adoption of the accompanying Order.   (Attachments)

 

50.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mark O’Connor request to extend sewer main on Carleton St. from 11 to 15, a distance of 73’ at expense of the developer:  recommend adoption of the accompanying Order.  (Attachments)

 

51.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of David Roncone, Roncone Associates, Inc. request to extend sewer main on Kittery St. southwesterly, a distance of 84’ and then northwesterly into Arrow St., a distance of 251’ at expense of the developer:  recommend adoption of the accompanying Order. (Attachments)

 

52.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Attorney Michael Abodeely, Jr. on behalf of AET Realty Trust request to install sanitary and surface sewer in Pocasset and Ockway Sts., to regrade and pave street and install berm, all subject to a prior agreement and at the expense of AET Realty Trust:  recommend adoption of the accompanying Order.  (Attachments)

 

53.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Hossein Haghanizadeh request to extend 8” sewer main and water main on Orono St. for approximately 230’ at Petitioner’s expense:  recommend adoption of the accompanying Order. (Attachments)

 

54.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Alex Panarelli request installation of public sewer, water and drain services in Sheldon St., a private street, from existing lines in Heath St.:  recommend adoption of the accompanying Order. (Attachments)

 

          55-61 ACCEPTED

 

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

 

55.     Councillor Thomas White on behalf of Peter Olivieri request sidewalk repair in front of 400 Burncoat St.  (Attachments)

 

56.     Alexandra Zikos request sidewalk repair in front of 22 Gosnold St. (Attachments)

 

57.     Mary Levine request sidewalk repair at 10 Havelock Rd. (Attachments)

 

58.     Councillor Frederick Rushton on behalf of Steven Malkasian, President, Roger Tool & Die Co., Inc. request resurfacing of Pullman St.  (Attachments)

 

59.     Pamela Sikorski et al request resurfacing of Wilkinson St. (Attachments)

 

60.     Mark O’Connor request to extend sewer line approximately 73’ from 11 Carleton St. to lot at 15 Carleton St. at Petitioner’s expense. (Attachments)

 

61.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councillor Barbara Haller request sidewalk repair in front of 2 Ely St.: recommend Petition be denied.   (Attachments)

 

TABLED UNDER PRIVILEGE

 

62.     Communication relative to The Billboard Survey Project.  (Tabled May 31, 2005 – Perotto)  (Attachments)  Taken off the Table and referred to Public Works Committee 

 

63.     Communication relative to the Greenwood Street Landfill Project Status Report.  (Tabled May 31, 2005 – Murray)  (Attachments) Taken off the Table and referred to Public Works Committee  

 

64.     Communication relative to itemization of costs for daylighting Beaver Brook Culvert.  (Tabled May 31, 2005 – Perotto)  (Attachments) Tabled

 

65.     Recommend that Twenty Eight Thousand One Hundred Five Dollars and Twenty Six Cents ($28,105.26) currently available in Account

#250-91000, Police Department Personal Services, be re-appropriated to this same account to pay for a settlement agreement with a former City of Worcester employee.   (Tabled May 31, 2005 – Lukes) (Attachments)  Tabled  

 

TABLED ITEMSNo Action Taken

 

66.     Order – Request City Council to vote its opposition to any raises for City Council for the 2006 term. (Lukes) (Tabled January 18, 2005) (Attachments) 

 

67.     DECREE TO MAKE PUBLIC: MIAMI ST. (Tabled April 12, 2005) (Attachments)  

 

68.     REPORT ON THE COMMITTEE ON ORDINANCES Upon the Report of the Planning Board Upon the Petition of Katherine Robertson, Project Manager, Gardner-Kilby-Hammond LLC request City of Worcester close, abandon and remove from the Official Map that portion of Tainter St. between #34 and #60 Tainter St. to facilitate construction of the proposed new Boys and Girls Club and Clark University athletic fields: recommend adoption of the accompanying Order.       (Tabled April 12, 2005) (Attachments)

 

69.     REPORT ON THE COMMITTEE ON ORDINANCES Upon the Report of the Planning Board Upon the Petition of Katherine Robertson, Project Manager, Gardner-Kilby-Hammond LLC request City of Worcester close, abandon and remove from the Official Map that portion of Ripley St. from southeast lot line of #41 to its terminus with current Tainter St. to facilitate construction of the proposed new Boys and Girls Club and Clark University athletic fields: recommend adoption of the accompanying Order.  (Tabled April 12, 2005) (Attachments)   

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

  JUNE 4, 2005

  8:30-9:30 A.M.

 

PUBLIC WORKS

 

VIEW ONLY

LEAF COMPOSTING SITE

RESIDENTIAL DROP-OFF

CENTER

115 BALLARD ST.

 TO BEGIN AT FORMER

INCINERATOR BUILDING          

 

  JUNE 13, 2005

   7:00 P.M.

 

JOINT PUBLIC WORKS AND

COMMERCE & DEVELOPMENT

 

LIBRARY

ROOSEVELT SCHOOL

1006 GRAFTON ST.

Re: CitySquare & DIF

 

 

  JUNE 15, 2005

   7:00 P.M.

 Cancelled

 New Date To
 Be Announced

 

JOINT PUBLIC WORKS AND

COMMERCE & DEVELOPMENT

 

MAIN BALLROOM

BEECHWOOD HOTEL

363 PLANTATION ST.

Re: CitySquare & DIF

 

 

 JUNE 20, 2005

   7:00 P.M.

 

JOINT PUBLIC WORKS AND

COMMERCE & DEVELOPMENT

 

AUDITORIUM

JEWISH COMMUNITY CTR.

633 SALISBURY ST.

Re: CitySquare & DIF

 

 JUNE 27, 2005

   6:00 P.M.

 

TRAFFIC & PARKING

 

COUNCIL CHAMBER

 

EVALUATION OF THE CITY MANAGER

 

June 28, 2005 – 7:00 P.M.

 

SUMMER SCHEDULE

CITY COUNCIL MEETINGS

    

July 19, 2005 – 4:00 P.M.

 

August 16, 2005 – 4:00 P.M.

 

FY06 BUDGET HEARINGS

 

Tuesday, June 7, 2005 – 4:00 P.M. Tuesday, June 14, 2005 – 4:00 P.M.

         

Held from May 31, 2005                  Health & Human Services

City Manager’s Office

                                                                   Human Services

          Planning & Regulatory                        Code Enforcement

          Neighborhood Services                      Elder Affairs

          Economic Development                      Public Library

          Marketing                                           Public Health

          Airport

          Union Station                            Public Safety

          Human Resources

          Worker’s Compensation                     Police

          Unemployment Compensation            Fire

          Contingency                                       Communications

          Cable Services                                   License Commission

 

Administration & Finance               Law Department

         

          Technical Services                              Building Insurance

          Assessing                                           Court Judgments

          Purchasing

          Budget Office                           Finance

          Treasury

          Pension Obligation Bonds                   Auditing

          Debt/Interest                                      Retirement

          Health Insurance (city portion)            Retirement Contribution

 

Capital

 

          Capital Campaign

         

Election Commission

 

Tuesday, June 21, 2005 – 4:00 P.M.

 

Worcester Public Schools

 

Public Works

 

          Parks & Hope Cemetery

          City Messenger

          Auditorium

          DCU Center

          Street Lighting

          Snow Plowing

          DPW

          Water

          Sewer

          Golf Course

 

Capital

 

          Capital Investment Program