CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – OCTOBER 11, 2005

7:00 P.M.

Convened: 7:05 P.M.

Adjourned : 9:40 P.M.

1. PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

2. ROLL CALL – All present except Councillor Gomez, Councillor Haller and Councillor Rushton. Councillor Rushton arrived at 7:15 P.M., Councillor Gomez arrived at 7:30 P.M., and Councillor Haller arrived at 7:45 P.M.

3. ITEMS OF CITIZEN INTEREST

4. ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

RECESSED HEARING – 7:00 P.M.

5 – Hearing reconvened

5. NSTAR for gas main location on: ACTON ST., ARTHUR ST. AND FLOWER ST. (Attachments)

5a – ADOPTED

5a. Granting permission to NSTAR for gas main location on: ACTON ST., ARTHUR ST. AND FLOWER ST.

FIRST ITEM OF BUSINESS

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

6. 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, CitySquare, the Arts District, the Canal District project and the Franklin St. Fire Station.

PETITIONS

7 – REFERRED TO THE PLANNING BOARD

7. Arthur Mooradian request to extend BG-3 zone on Chandler St. at Bellevue St: to include land on Austin St. The zone change would include the property at 199 Chandler St. (rear) portion of property and 183-175 Austin St. (Attachments)

8 – 53 REFERRED TO PUBLIC WORKS COMMITTEE

8. Councillor Barbara G. Haller request sidewalk repair entire length of Airwick Ave. (Attachments)

9. Councillor Barbara G. Haller request sidewalk repair on Elm St. (Attachments)

10. Councillor Barbara G. Haller request sidewalk repair on Ellsworth St. (Attachments)

11. Councillor Barbara G. Haller request sidewalk repair on Elbridge St. (Attachments)

12. Councillor Barbara G. Haller request sidewalk repair on Dwight St. (Attachments)

13. Councillor Barbara G. Haller request sidewalk repair on Dorrance St. (Attachments)

14. Councillor Barbara G. Haller request sidewalk repair on Castle St. (Attachments)

15. Councillor Barbara G. Haller request sidewalk repair on Charlotte St. (Attachments)

16. Councillor Barbara G. Haller request sidewalk repair on Cheever St. (Attachments)

17. Councillor Barbara G. Haller request sidewalk repair on Chelsea St. (Attachments)

18. Councillor Barbara G. Haller request sidewalk repair on Cheney St. (Attachments)

19. Councillor Barbara G. Haller request sidewalk repair on Clapp St. (Attachments)

20. Councillor Barbara G. Haller request sidewalk repair on Claremont St. (Attachments)

21. Councillor Barbara G. Haller request sidewalk repair on Clay St. (Attachments)

22. Councillor Barbara G. Haller request sidewalk repair on Clement St. (Attachments)

23. Councillor Barbara G. Haller request sidewalk repair on Clifton St. (Attachments)

24. Councillor Barbara G. Haller request sidewalk repair on College St. (Attachments)

25. Councillor Barbara G. Haller request sidewalk repair on Colton St. (Attachments)

26. Councillor Barbara G. Haller request sidewalk repair on Cristy St. (Attachments)

27. Councillor Barbara G. Haller request sidewalk repair on Davis St. (Attachments)

28. Councillor Barbara G. Haller request sidewalk repair on Dorchester St. (Attachments)

29. Councillor Barbara G. Haller request resurfacing of Hathaway St. (Attachments)

30. Councillor Barbara G. Haller request resurfacing of Hawley St. (Attachments)

31. Councillor Barbara G. Haller request resurfacing of Heath St. (Attachments)

32. Councillor Barbara G. Haller request resurfacing of Hillside St. (Attachments)

33. Councillor Barbara G. Haller request resurfacing of Hollis St. (Attachments)

34. Councillor Barbara G. Haller request resurfacing of Home St. (Attachments)

35. Councillor Barbara G. Haller request resurfacing of Howe St. (Attachments)

36. Councillor Barbara G. Haller request resurfacing of Illinois Ct. (Attachments)

37. Councillor Barbara G. Haller request resurfacing of Illinois St. (Attachments)

38. Councillor Barbara G. Haller request resurfacing of Ionic Ave. (Attachments)

39. Councillor Barbara G. Haller request resurfacing of Irene St. (Attachments)

40. Councillor Barbara G. Haller request resurfacing of Kansas St. (Attachments)

41. Councillor Barbara G. Haller request resurfacing of Kendig St. (Attachments)

42. Councillor Barbara G. Haller request resurfacing of Kilby St. (Attachments)

43. Councillor Barbara G. Haller request resurfacing of Lafayette St. (Attachments)

44. Councillor Barbara G. Haller request resurfacing of Lodi St. (Attachments)

45. Councillor Barbara G. Haller request resurfacing of Loudon St. (Attachments)

46. Councillor Barbara G. Haller request resurfacing of Lucian St. (Attachments)

47. Councillor Barbara G. Haller request resurfacing of Lunelle St. (Attachments)

48. Councillor Barbara G. Haller request resurfacing of Marble St. (Attachments)

49. Joanne Zoto request sidewalk repair at 69 Richmond Ave. (Attachments)

50. Rosemary Shaughnessy request sidewalk repair in front of 24 Rockrimmon Rd. (Attachments)

51. Councillor Philip P. Palmieri request street repair in the vicinity of 11 Clarkson St. (Attachments)

52. Kevin McManus on behalf of Stafford Development LLC, request water connection to 496 Stafford St., Cherry Valley at the expense of the petitioner and in accordance with DPW specifications. (Attachments)

53. Khanh Van Do et al request James St. be repaved. (Attachments)

54 – 56 REFERRED TO TRAFFIC & PARKING COMMITTEE

54. Lucille Carrier request to install Resident Sticker Parking on west side of Marshall St. from Shrewsbury St. to Wilson St. (Attachments)

55. Vincente Marrero, Pastor of the Spanish Church of God, request “Do Not Block Driveway” or “No Parking” signs at 949 Main St. (Attachments)

56. Khanh Van Do et al request a speed limit sign on James St. (Attachments)

57 – REFERRED TO THE CITY MANAGER

57. Wayne Griffin requests that the city-owned parcel at 50 Chamberlain Pkwy. at Westview Rd. and the adjacent public sidewalk be cleaned and kept clear and that every effort be made to eliminate private illegal dumping at the same location. (Attachments)

58 – HEARING SET FOR OCTOBER 18, 2005 – 7:00 P.M.

58. MASSACHUSETTS ELECTRIC CO. for cable and conduit system on: MAY ST. (Attachments)

ORDERS

58a. Request City Manager provide a report to the City Council listing the partners involved in the Arts District Partnership. Motion Perotto @ #8 CC – Adopted (Attachments)

58b. Request City Manager provide a detailed report to the City Council regarding the Creative City Initiative. Motion Perotto @ #8 CC – Adopted (Attachments)

58c. Request City Manager provide a status report to the City Council regarding the water leakage problem on Saturday, October 8, 2005 at Union Station. The status report shall include the condition of Union Station, insurance coverage issues and liability issues. Motion Lukes @ #8 CC – Adopted (Attachments)

58d. Request Administration include Citywide and Downtown Marketing to the Economic Development Initiatives Reports as it pertains to marketing monies and how the monies are being used. Motion Lukes @ #8 CC – Adopted (Attachments)

58e. Request Administration designate the “Wifi Zones” (wireless areas) on the City’s website. Motion Petty @ #8 CC – Adopted (Attachments)

58f. Request Administration provide the City Council with a special report regarding the role of the WBDC and Vocational School site as it relates to the Gateway Project and also include as part of the monthly status report as to what might be expected for the parcel of land as the Vocational School relocates. Motion Clancy @ #8 CC – Adopted (Attachments)

58g. Request Administration provide the City Council with a report regarding their on-going discussions with Wyman Gordon and the reuse of their property and propose that the property be divided into parcels to entice businesses. Motion Clancy @ #8 CC – Adopted (Attachments)

58h. Request City Manager consider proposing an ordinance prohibiting boats from being parked on city streets. Motion Haller @ #12A CM – Adopted (Attachments)

58i. Request Administration increase the fines for persons violating the street sweeping ordinance from $35.00 to $50.00. Motion Clancy @ #12A CM – Adopted (Attachments)

58j. Request Administration provide to the Department of Environmental Protection statistics pertaining to the number of home permits issued since 1985, the number of residents that the city currently has versus the number of residents in 1980 and the water volume amount that we provide to outside communities. Motion Gomez @ #12B CM – Adopted (Attachments)

58k. Request Administration provide a report to the City Council regarding cost breakdowns on providing free parking in the central area of downtown verses any generation of income from increased costs in the Pearl Elm Garage. Motion Lukes @ #12G CM – Adopted (Attachments)

58l. Request Administration provide a report to the City Council regarding the SAFER program grant awards: what type of grant is this and how much flexibility is there pertinent to the distribution of monies. Motion Petty @ #15A CM – Adopted (Attachments)

58m. Request Administration provide a report to the City Council on how they plan on funding the next fire class and overtime pay and provide a report regarding the overtime monies spent this year. Motion Petty @ #15A CM – Adopted (Attachments)

58n. Request Administration provide a report to the City Council as to whether they have received federal grant monies for volunteers and if they have, has any monies been spent and under what department’s jurisdiction will this grant be bestowed. Motion Petty @ #23D CM – Adopted (Attachments)

58o. Request Administration provide the City Council with a report from the Police Department and Code Department regarding homeless people taking up shelter behind the State Liquor Store on Park Avenue and in and around Mann St. Motion Petty – Suspension of Rules – Adopted (Attachments)

59. COMMUNICATIONS OF THE CITY MANAGER

MICHAEL V. O’BRIEN

CITY MANAGER

CITY COUNCIL CALENDAR FOR OCTOBER 11, 2005

APPOINTMENTS

1. NON-CITY COUNCIL CONFIRMATION:

2. CITY COUNCIL CONFIRMATION:

TRANSMITTALS

EXECUTIVE OFFICE OF THE CITY MANAGER

3. AIRPORT DIVISION:

4. CABLE SERVICES DIVISION:

5. ELECTION COMMISSION DIVISION:

6. HUMAN RESOURCES DIVISION:

7: WORKFORCE DEVELOPMENT:

OFFICE OF ECONOMIC DEVELOPMENT

8. ECONOMIC DEVELOPMENT DIVISION:

A. Transmitting informational communication relative to an update of Economic Development Initiatives. (Attachments) Referred to Commerce & Development Committee, Public Works Committee, Housing & Neighborhood Revitalization Committee and Public Service & Transportation Committee. Citywide Master Plan referred to Land Use Committee and Strategic Planning Committee

9. NEIGHBORHOODS & HOUSING DEVELOPMENT:

10. PLANNING AND REGULATORY SERVICES DIVISION:

DEPARTMENT OF PUBLIC WORKS & PARKS

11. ENGINEERING & ARCHITECTURAL SERVICES DIVISION:

12. OPERATIONS DIVISION:

A. Transmitting informational communication relative to an increase in fines for persons violating the street sweeping ordinance. (Attachments) Voted to advertise proposed Ordinance as amended to increase fine to $50.00

B. Transmitting informational communication relative to the Water Management Act. (Attachments) Referred to Public Works Committee

C. Transmitting informational communication relative to Keep Worcester Clean (KWC) May, June and July Activity reports. (Attachments) Referred to Public Works Committee

D. Transmitting informational communication relative to the Worcester County Trial Court Community Service Program. (Attachments) Placed on file

E. Request review, deliberation and approval of an Order of Taking for a Watershed Land Acquisition. (Attachments) Order adopted 11-0

F. Transmitting informational communication relative to a proposed new parking ordinance – Unregistered Vehicles and Expired Inspection Stickers. (Attachments) Voted to advertise proposed Ordinance

G. SUPPLEMENTAL - Informational communication relative to the City Council request for information on old and new parking rates along with the vacancy rates at Pearl Elm Garage. (Attachments) Recommit to City Manager

13. PARKS DIVISION:

PUBLIC SAFETY DEPARTMENTS

14. COMMUNICATIONS DEPARTMENT:

A. Transmitting informational communication relative to the appointment of David W. Clemons as the new Communications Director for the City of Worcester. (Attachments) Referred to Public Safety Committee

15. FIRE DEPARTMENT:

A. Transmitting informational communication relative to the first “round” of grant awards for the Staffing for Adequate Fire and Emergency Response (SAFER) program. (Attachments) Referred to Public Safety Committee

16. LICENSE COMMISSION:

17. POLICE DEPARTMENT:

DEPARTMENT OF HEALTH & HUMAN SERVICES

18. CODE ENFORCEMENT DIVISION:

19. DISABILITY DIVISION:

20. ELDER AFFAIRS DIVISION:

21. HUMAN RIGHTS DIVISION:

22. HUMAN SERVICES DIVISION:

23. PUBLIC HEALTH DIVISION:

A. Recommend the adoption of a Salary Ordinance and the approval of the amended Health and Human Services table of organization to create a position of Social Worker. (Attachments) Voted to advertise proposed Ordinance and adopt Order to amend Table of Organization. Also referred to Health Committee for informational purposes.

B. Transmitting informational communication relative to the Influenza Vaccine Distribution. (Attachments) Referred to Health Committee

C. Transmitting informational communication relative to a report on West Nile Virus. (Attachments) Referred to Health Committee

D. Transmitting informational communication relative to the City’s Emergency Volunteer Recruitment efforts. (Attachments) Referred to Public Safety Committee

24. PUBLIC LIBRARY:

25. VETERANS’ SERVICES DIVISION:

LAW DEPARTMENT

26. LEGAL DIVISION:

PUBLIC SCHOOL DEPARTMENT

27. PUBLIC SCHOOLS:

DEPARTMENT OF ADMINISTRATION & FINANCE

28. ASSESSING DIVISION:

29. BUDGET OFFICE DIVISION:

30. PURCHASING DIVISION:

31. TECHNICAL SERVICES DIVISION:

32. TREASURY & COLLECTIONS DIVISION:

FINANCE ITEMS

33. FINANCE DIVISION:

A. Recommend that Six Thousand Eight Hundred Ninety Five Dollars ($6,895.00), be transferred when and as received, from Account #91C780, Citywide Capital Equipment, and appropriated to Account #72C701, DPW Capital Equipment, to provide funds for the purpose of funding the purchase of Truck Trailer and Computerized Maintenance System, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 11-0

B. Recommend that Ten Thousand Dollars ($10,000.00), be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #50C700, Public Library Rehabilitation, to provide funds for the purpose of payment of contractual and other obligations related to rehabilitation projects at the Frances Perkins Library, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 11-0

C. Recommend that Thirty Two Thousand Six Hundred Sixty Eight Dollars ($32,668.00) be transferred when and as received from Account #91C731, Water Capital Equipment, and appropriated to Account #45C703, Water Department Capital Equipment, for the purpose of payment for various pieces of capital equipment for the Water Department, as approved in the fiscal 2004 Capital Improvement Program. (Attachments) Order adopted on a roll call 11-0

D. Recommend that One Million One Hundred Eighty One Thousand Six Hundred Seventy Nine Dollars ($1,181,679.00) be transferred when and as received from Account #91C780, Citywide Capital Equipment, and appropriated to Account #26C701, Fire Department Capital Equipment, to provide funds for the purpose of funding the purchase of two Fire Aerial Scope Ladder Trucks. (Attachments) Order adopted on a roll call 11-0

E. Recommend that Four Hundred Thousand Five Hundred Twenty Dollars ($400,520.00) be transferred when and as received from Account #91C780, Capital Equipment, and appropriated to Account #68C701, Technical Services Capital Equipment.

Further recommend that One Hundred Thousand Dollars ($100,000.00) be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #68C702, Technical Services Building Rehabilitation. (Attachments) Two Orders adopted on a roll call 11-0

MISCELLANEOUS TRANSMITTALS

34. MISCELLANEOUS CALENDAR ITEMS:

A. SUPPLEMENTAL - Informational communication relative to the Organizational Structure of the Communications Department. (Attachments) Referred to Public Safety Committee

60. RECESS TO FINANCE AND ORDINANCE – No Items Pending

COMMUNICATION

60a. Mayor Timothy P. Murray transmitting a report concerning the siting and tax impact of taking properties off the tax rolls. (Attachments) Suspension of Rules - Referred to Joint Committee of Health and Municipal Operation and Law Department for clarification of the Fair Housing Act and the Research Bureau’s report and whether there is any conflict between the two reports.

REPORTS

61 – 64 REFERRED TO PUBLIC WORKS COMMITTEE

61. REPORT OF THE PLANNING BOARD Upon the Petition of Dacha Realty LLC request to make public Kelsey Dr. a developer street, and add it to the Official Map. (Attachments)

62. REPORT OF THE PLANNING BOARD Upon the Petition of Daniel Buduo, Jr., Trustee, Franklin Development request Frongillo Farm Rd. in the Angela Rose Garden sub-division be decreed public. (Attachments)

63. REPORT OF THE PLANNING BOARD Upon the Petition of Stephen Kayer et al request private street conversion of Merchant St. (Attachments)

64. REPORT OF THE PLANNING BOARD Upon the Petition of Daniel Buduo, Jr., Trustee, Franklin Development request Angela Rose Ln. in the Angela Rose Garden sub-division be decreed public. (Attachments)

65 – REFERRED TO LAND USE COMMITTEE

65. REPORT OF THE PLANNING BOARD Upon the Petition of John Shea, Chairman of the Planning Board, request consideration of Omnibus Zoning Ordinance Amendment. (Attachments)

TO BE ORDAINED

66 – ORDAINED 10-1 (HALLER-NO)

66. Amending Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991, relative to a zone change in the Riley Street Area. (Attachments)

TABLED ITEMS

67. 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

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

69. Communication – Relative to the Abatements and Exemptions for Fiscal 2003 through Fiscal 2005. (Tabled July 19, 2005) (Attachments) No Action Taken

70. Communication of the City Manager recommending that Three Hundred Seventy One Thousand Seven Hundred Nineteen Dollars and Thirteen Cents ($371,719.13) be transferred from the following accounts:

ACCOUNT	DESCRIPTION	AMOUNT
330-01	Pearl Elm Reserves	$182,444.11
330-01	Pearl Elm Reserves	100,000.00
330-02	Federal Plaza Reserves	38,601.07
330-03	Off Street Reserves	32,944.50
330-04	Parking Meter Reserves	17,729.45
	Total	$371,719.13

And appropriated to the following accounts:

ACCOUNT	DESCRIPTION	AMOUNT
46S501	Pearl Elm Ordinary Maint.	$182,444.11
46S502	Federal Plaza Ordinary Maint.	138,601.07
46S503	Off Street Ordinary Maint.	32,944.50
46S504	Parking Meter Ordinary Maint.	17,729.45
	Total	$371,719.13

This appropriation provides sufficient operating funds for the Off Street Parking Program for the Second Quarter of Fiscal 2006. (Tabled October 4, 2005) (Attachments) Order adopted on a roll call 11-0

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

OCTOBER 11, 2005

5:30 P.M.

TRAFFIC & PARKING

ROOM 310

CITY HALL

OCTOBER 13, 2005

6:00 P.M.

PUBLIC SAFETY

COUNCIL CHAMBER

OCTOBER 18, 2005

6:30 P.M.

OCTOBER 25, 2005