CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – June 21, 2005

Convened: 7:26 P.M.

Adjourned: 9:08 P.M.

 

 

1.       INVOCATION     Deacon David Vaillancourt

          St. Stephen’s Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL

 

4.       ITEMS OF CITIZEN INTEREST

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          5 -7 REFERRED TO PLANNING BOARD

 

5.       Yetvart Penbeyan request to extend the RG-5 zoning area to include the entire parcel of land located at 120 Lincoln St. Currently the lot is split between RG-5 and BL-1.0 (Attachments)

 

6.       Leo and Joan Bernard request to extend the adjacent BL-1.0 zone to include 110 West Boylston St. in its entirety. (Attachments)

 

7.       John Shea, Chairman of the Planning Board, request consideration of the omnibus Zoning Ordinance Amendment. (Attachments)

 

          8-13 REFERREDTO PUBLIC WORKS

 

8.       Ann Costello request sidewalk repair at 776 Pleasant St. (Attachments)

 

9.       Mayor Timothy Murray and Councillor Thomas White on behalf of Gail Randall request sidewalk repair on Berwick St. (Attachments)

 

10.     Michael Kosiba, Sr. request sidewalk repair at end of driveway at 184-186 Canterbury St. (Attachments)

 

11.     Leo McManus request sidewalk repair in front of 14 Montvale Rd. (Attachments)

 

12.     Juxhin Miraka request sidewalk repair in front of 31 Valley Hill Dr. (Attachments)

 

13.     Kevin Taylor request sidewalk repair on the Hillcroft Ave. side of 6 Bluehill Rd. (Attachments)

 

          14-17 REFERREDTO TRAFFIC & PARKING

 

14.     James Galvin request removal of handicap parking at 178 Vernon St. (Attachments)

 

15.     Daniel Dick et al request Caution Children Playing on Street sign on Iroquois St. (Attachments)

 

16.     Mary MacInnes, Administrator of WRTA, request to install bus signs as enclosed by August 27, 2005 and remove bus signs as enclosed as of August 27, 2005. (Attachments)

 

17.     Richard Lacroix request to have no parking in front of 2 Ames St. (Attachments)

 

CHAIRMEN’S ORDERS

 

18-20a FROM JOINT COMMERCE & DEVELOPMENT AND PUBLIC WORKS

 

18.     Request City Manager to provide City Council with examples of processes wherein the City offered parking spaces to entice development in the central business district. (Attachments) Placed on file

 

19.     Request City Manager to request Desman Associates to provide the City Council with additional data concerning the parking arrangements that were made between the Cleveland Cavaliers, the Cleveland Indians and the City of Cleveland when the teams were enticed to move into their downtown. (Attachments) Placed on file

 

20.     Request City Manager to request Desman Associates to provide the City Council with revised parking revenue projections for the CitySquare development using a new scenario that Building J is not constructed. (Attachments) Placed on file

 

20a.   Request the City Manager to provide the City Council with timelines and guarantees for construction of Phase One of CitySquare. Irish recused on roll call 10-0. Tabled under privilege -Lukes (Attachments)

 

ORDERS

 

21.     Request City Manager designate the Night Life Program at the Worcester Public Schools and the City Clerk Department as E-Commerce pilot demonstration projects, and, further request that the Administration provide the City Council with a plan and timeline for delivery of a full E-Commerce roll-out for all City Departments. (Murray, Petty) (Attachments) Adopted

 

22.     Request City Manager to explore ways in which additional periodic cultural and entertainment events and venues might be arranged to be held in the City under a public/private partnership involving our many educational and cultural institutions and businesses. (Petty, Palmieri) (Attachments) Adopted

 

23.     Request City Manager to provide the City Council with an update regarding the entertainment license issued to Paris Cinema, 68 Franklin St. (Palmieri, Petty) (Attachments) Adopted

 

24.     Request the Mayor consider formulating a committee to annually select five Worcester residents to be named to a Resident Hall-of-Fame. Said selection would recognize public service, volunteerism, activism, initiative and/or charitable work by inscribing the recipient’s names in a plaque or stone slab in a prominent publicly accessible location. (White) (Attachments) Referred to Administration & Public Works Committee

 

25.     Request the Administration report and make recommendations as to financial incentives available to downtown property owners to convert former office space to residential use. (Lukes) (Attachments) Adopted

 

25a.   Request City Auditor to insert the date of completion for phase one of the CitySquare project within the May 2005 Auditor’s report. (Lukes) Motion @ # 27 CC – Denied on roll call vote of 2 yeas (Gomez, Lukes) & 8 nays (Clancy, Haller, Palmieri, Perotto, Petty, Rushton, White, Murray) (Irish absent) (Attachments)

 

25b.   Request City Clerk to research the authorizing sale of Tax Liens and report to the City Council if 100 percent of sale could be applied to lower the tax rate. (Irish) Motion @ # 39C CC – Adopted (Attachments)

 

25c.   Request the Administration work with the downtown landlords to remove old signs along the Main Street corridor. Gomez – Suspension of Rules – Adopted (Attachments)

 

26.     RECESS TO FINANCE AND ORDINANCE:

FINANCE

 

a)       #21A CM  May 3, 2005

Communication of the City Manager concerning hours of operation at the Frances Perkins Branch Library.  (Attachments) Recommend file - See #41b

 

b)    #47 CC May 24, 2005

Communication of the City Manager transmitting City of Worcester FY06 Municipal Budget. (Attachments) Recommend adopt See #41a

 

c)     #31CC  June 7, 2005

Communication of the City Manager transmitting communication relative to requests made by City Council during budget hearing on May 31, 2005:  1) Short and long term plans for relocation of Office of Neighborhood Services; 2) Feasibility of splitting City into 4 or 5 quadrants and having one neighborhood person as the point person within City’s Planning Dept.; 3) Recidivism rates for individuals in Violent Offenders Return to Work Program.  (Attachments) Recommend file - See #41c

 

d)    #33CC  June 7, 2005

Communication of the City Manager relative to finance requests that were made during budget hearing on May 31, 2005 – Budgeted positions by department and division from Fiscal Year 2001 through 2006 and allocation of all City side fringe benefits for Fiscal Year 2006 by respective departments and divisions.   (Attachments) Recommend file - See #41d

 

e)       #33b CC  June 7, 2005

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) Recommend file - See #41e

 

COMMUNICATIONS

 

27.     James A. DelSignore, City Auditor transmitting May 2005 Auditor’s Report. (Attachments) Referred to Municipal Operations Committee

 

28.     James A. DelSignore, City Auditor transmitting analysis of financial plan for CitySquare project. (Attachments) Councillor Irish recused on roll call 10-0. Placed on file.

 

29.     Michael V. O’Brien, City Manager recommending that the City Manager, with approval of the City Auditor, be authorized to make adjustments to City accounts to balance the Fiscal Year 2005 budget. (Attachments) Order adopted on roll call 11-0.

 

30.     Michael V. O’Brien, City Manager transmitting award notification regarding the FF04 Citizen Emergency Response Team (CERT) Program prepared by Gerard A. Dio, Fire Chief. (Attachments) Referred to Public Safety Committee

 

31.     Michael V. O’Brien, City Manager recommending that $1,346.33 be transferred from Account #720-92000, Parks Dept. Ordinary Maintenance & appropriated to Account #720-93000, Parks Capital Outlay to provide funds for the purpose of purchasing a park bench, per the request of Robert C. Antonelli, Acting Commissioner, Parks, Recreation & Cemetery. (Attachments) Order adopted on roll call 11-0.

 

32.     Michael V. O’Brien, City Manager requesting adoption of a Resolution to file and accept a Federal Fiscal Year 2005 Department of Homeland Security Staffing for Adequate Fire & Emergency Response (SAFER) grant funds to support 16 newly hired firefighters over a 5-year period. (Attachments) Resolution adopted and referred to Public Safety for informational purposes only.

 

33.     Michael V. O’Brien, City Manager transmitting notification regarding the FY05 Firefighter Public Safety Equipment Grant program, prepared by Gerard A. Dio, Fire Chief. (Attachments) Placed on file

 

34.     Michael V. O’Brien, City Manager requesting adoption of a Resolution to file & accept a FY06 Tobacco Control Program Grant from the Massachusetts Department of Public Health, Massachusetts Tobacco Control Program (MTCP). (Attachments) Resolution adopted

 

35.     Michael V. O’Brien, City Manager transmitting communication relative to 2006 Motor Vehicle Excise Exemptions. (Attachments) Referred to Municipal Operations Committee

 

36.     Michael V. O’Brien, City Manager transmitting proposed Salary Ordinances relative to Occupational Group A – Administrative & Supervisory, Group EM – Executive Management, Group B – General Administrative, Group C – Information Services, Group E – Fiscal and Group R – Laborer and Craftsman. (Attachments) Voted to advertise proposed Ordinance

 

37.             Michael V. O’Brien, City Manager recommending that the FY06 recommended budget be amended by transferring $150,000.00 from Account #040-93000, Streets & Sidewalks Capital Outlay to Account #041-92000, Worcester Marketing Ordinary Maintenance to provide funds to enhance marketing efforts for the City of Worcester during FY06. (Attachments) Order Adopted on roll call 11-0

 

38.             Michael V. O’Brien, City Manager transmitting responses to  Chairmen’s Orders from the Joint Committee of Commerce and Development & Public Works relative to the CitySquare project. (Attachments) Irish recused on roll call 10-0. Placed on file

 

39.     Michael V. O’Brien, City Manager recommending that effective July 1, 2005, as part of the FY06 budget that $150,000.00 be raised by taxation and appropriated to accounts (as enclosed) to provide funds to increase hours to 5 days a week for the Frances Perkins & Great Brook Valley Branch Libraries and open the main library for a total of 17 Sundays for FY06. Further, recommending that the Table of Organization for the Worcester Public Library be amended by adding full & part-time positions at the Perkins Branch Library. (Attachments) Order adopted on roll call 11-0.

 

39a.   Michael V. O’Brien, City Manager transmitting communication recommending Twenty-eight Thousand One Hundred and Five dollars and Twenty-six cents ($28,105.26) currently available in Account #250-91000, Police Department Personal Services be reappropriated to pay a settlement agreement with a Worcester Police Department employee. (Attachments) Placed on file

 

39b.   Michael V. O’Brien, City Manager transmitting communication relative to the CitySquare Development Project and copies of the PowerPoint presentation made to the Joint Committee of Commerce and Development and Public Works on June 20, 2005. (Attachments) Placed on file

 

39c.   Michael V. O’Brien, City Manager transmitting communication relative to the City of Worcester’s Tax Lien Assignment sale that was held on June 16, 2005. (Attachments) Referred to Municipal Operations Committee

 

39d.   Michael V. O’Brien, City Manager transmitting communication relative to the performance evaluation report of the City Manager. (Attachments) Held to be 1st item of business for June 28, 2005.

 

RESOLUTION

 

39e.   Resolution – That the City Council hereby requests that revenues from the Telecommunications Act be applied to the tax rate. Petty - Suspension of rules - Adopted on roll call 11-0

 

REPORTS

 

          40-41 RFERREDTO LAND USE

 

40.     REPORT OF THE PLANNING BOARD Upon the petition of Attorney Samuel DeSimone on behalf of owner of property at 651 Plantation St. request to change the Zoning Map of the City of Worcester from BL-1 to RG-5 by extending the RG-5 zone from its current location on the property at 651 Plantation St. easterly to the property’s frontage on Plantation St. (Attachments)

 

41.     REPORT OF THE PLANNING BOARD Upon the petition of Anthony Dascanio, Christine & James Bruso & Alice Lareau request to extend the BL-1 zone to include 800, 828 and 830 Grafton St. (Attachments)

 

41a. ACCEPTED AND ORDER ADOPTED ROLL CALL 11-0. RECONSIDERATION DENIED ON ROLL CALL 0-11.

 

41a.   REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting City of Worcester FY06 Municipal Budget: recommend adoption of the accompanying order. (Attachments)

         

41b-e ACCEPTED

 

REPORT OF THE COMMITTEE ON FINANCE Upon the following communications: recommend communications be placed on file.

 

41b.   Communication of the City Manager concerning hours of operation at the Frances Perkins Branch Library. (Attachments)

 

41c.   Communication of the City Manager transmitting communication relative to requests made by City Council during budget hearing on May 31, 2005:  1) Short and long term plans for relocation of Office of Neighborhood Services; 2) Feasibility of splitting City into 4 or 5 quadrants and having one neighborhood person as the point person within City’s Planning Dept.; 3) Recidivism rates for individuals in Violent Offenders Return to Work Program. (Attachments)

 

41d.   Communication of the City Manager relative to finance requests that were made during budget hearing on May 31, 2005 – Budgeted positions by department and division from Fiscal Year 2001 through 2006 and allocation of all City side fringe benefits for Fiscal Year 2006 by respective departments and divisions. (Attachments)

 

41e.   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)

 

41f.    REPORT OF THE JOINT COMMITTEE ON COMMERCE & DEVELOPMENT AND PUBLIC WORKS Upon the Communication of the City Manager requesting adoption of four Orders:  designating the DIF District Boundary, approving the DIF Development Program, authorizing the filing of Special Legislation, and an Order of Taking acquiring the easements for the new public streets, advertisement of a DIF Loan Order authorizing the borrowing of $89.085 million and advertisement of an Ordinance establishing permit and inspection fees:   recommend adoption of the accompanying four Orders (Order of Taking as amended), adoption of the accompanying Loan Order and passage of the accompanying proposed Ordinance. (Tabled under privilege –Lukes – Suspension of rules) (Attachments)

 

          REPORT OF THE JOINT COMMITTEE ON COMMERCE & DEVELOPMENT AND PUBLIC WORKS Upon the following Communications of the City Manager:  recommend Communications be placed on file. (Tabled under privilege-Lukes- Suspension of rules)

 

41g.   Transmitting communication relative to the Downtown Parking Study. (Attachments)

 

41h.   Transmitting communication relative to schedule of events relative to the CitySquare Project. (Attachments)

 

41i.    Transmitting communication relative to the CitySquare Project and the District Improvement Financing (DIF) law. (Attachments)

 

41j.    Transmitting communication relative to information on the impact of the Responsible Employer Ordinance on the CitySquare Project. (Attachments)

 

41k.   Transmitting communication relative to 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)

 

41L.   Transmitting communication relative to supplemental information from Berkeley Investments in response to the items requested by both the Joint Committee of Commerce & Development and Public Works and the City Council concerning the CitySquare Project. (Attachments)

 

41m.  Transmitting communication relative to CitySquare Parking Program Financial Assessment, prepared by the City’s independent parking consultant DESMAN Associates. (Attachments)

 

TO BE ORDAINED

 

          42-53 ORDAINED RC 11-0

 

42.     Amending Chapter 5, Section 26 of the Revised Ordinances of 1996 relative to Sewer User Charge. (Attachments)

 

43.     Amending Chapter 5, Section 6 of the Revised Ordinances of 1996 relative to Capacity Fee. (Attachments)

 

44.     Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for Resident Permit Parking in front of 3 and 5 Adams St. (Attachments)

 

45.     Amending Section 43 of Chapter 13 of the Revised Ordinances of 1996 to Reverse the winter ban on Rena St. on the odd numbered side of Rena St. (Attachments)

 

Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for Resident Permit Parking on the even numbered side of Rena St. (Attachments)

 

46.     Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to rescind Resident Parking on Alpine St. from Vernon St. to Sterling St. (Attachments)

 

47.     Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for Resident Permit Parking in front of 183 and 183 ˝ Austin St. (Attachments)

 

48.     Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 providing for Stop Signs on Dewey St. at Parker St. to face northbound and southbound traffic on Dewey St. (Attachments)

 

49.     Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 providing for a Stop Sign on Grand St. and Hollis St. to face south-eastbound traffic on Grand St. (Attachments)

 

50.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 256 Lincoln St. (Attachments)

 

51.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking on Merrick St. opposite 2-A Pelham St. (Attachments)

 

52.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 13 South Ward St. (Attachments)

 

53.     Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for Resident Parking on the north side of Chestnut St. Ext. from Irving St. to a point 158' east of Irving St. (Attachments)

 

 

TABLED ITEMS

 

54.     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

 

55.     DECREE TO MAKE PUBLIC: MIAMI ST. (Tabled April 12, 2005) No Action Taken

 

56.     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) Taken off table and referred to Public Works Committee meeting for June 28, 2005.

 

57.     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) Taken off table and referred to Public Works Committee meeting for June 28, 2005.

 

58.     Communication of the City Manager relative to itemization of costs for daylighting Beaver Brook Culvert.  (Tabled June 7,  2005) (Attachments) Taken off table and referred to Youth, Parks and Recreation Committee

 

59.     Communication of the City Manager recommending 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 June 7, 2005)  (Attachments) Taken off table-Order adopted on roll 11-0.

_____________________________________________________________

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

 

JUNE 20, 2005

      7:00 P.M.

 

JOINT PUBLIC WORKS &

COMMERCE & DEVELOPMENT

 

AUDITORIUM

JEWISH COMMUNITY CTR.

633 SALISBURY ST.

RE: CITYSQUARE & DIF

 

JUNE 22, 2005

      7:00 P.M.

Rescheduled from
June 15, 2005

 

CANCELLED

 

JOINT PUBLIC WORKS &

COMMERCE & DEVELOPMENT

 

MAIN BALLROOM

BEECHWOOD HOTEL

363 PLANTATION ST.

RE: CITYSQUARE & DIF

 

JUNE 27, 2005

      6:00 P.M.

 

TRAFFIC & PARKING

 

COUNCIL CHAMBER

 

JUNE 28, 2005

 12:00  NOON

 

COMMUNITY DEVELOPMENT

 

COUNCIL CHAMBER

 

JULY 12, 2005

      7:00 P.M.

 

LAND USE

 

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 21, 2005 – 4:00 P.M.

 

Held from June 7, 2005                       Worcester Public Schools

 

          Planning & Regulatory                 Public Works

             Development

          Neighborhood Development               Parks & Hope Cemetery

          Budget Office                                     City Messenger

          City Manager Contingency                  Auditorium

                                                                   DCU Center

                                                                   Street Lighting

Held from June 14, 2005                           Snow Plowing

                                                                                    DPW

          Public Library                                    Water

          Communications                                Sewer

          Building Insurance                              Golf Course

          Court Judgments  

          Auditing                                     Capital

          Retirement                               

          Retirement Contribution                      Capital Investment Program