CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – MAY 23, 2006

2:00 P.M. RECONVENED MEETING

Reconvened: 2:12 P.M.

City Council Recessed to Finance:  2:14 P.M.

City Council Reconvened:  3:57 P.M.

Adjourned:  4:30 P.M.

 

 

1.       PLEDGE OF ALLEGIANCE

 

2.                 STAR SPANGLED BANNER-ALEXANDRA MILLS

 

3.       ROLL CALL - All present except Councilor Clancy, Haller and Rushton, Councilor Haller arrived at 2:13 P.M. and Councilor Rushton arrived at 2:25 P.M.

         

          CITY COUNCIL RECONVENED – 3:57 P.M. – All present except Councilor Clancy, Perotto and Rushton, Councilor Rushton arrived at 4:10 P.M.

 

HEARINGS AND ORDERS – 4:00 P.M.

 

          4 & 5 Hearing Held

 

4.       NATIONAL GRID for pole relocation on: HILLSIDE STREET. (Attachments)

 

5.       NSTAR for gas main location on:  DANA AVENUE. (Attachments)

 

4a & 5a ORDERS ADOPTED

 

4a.     Granting permission to NATIONAL GRID for pole relocation on: HILLSIDE STREET. 

 

5a.     Granting permission to NSTAR for gas main location on:  DANA AVENUE. 

 

FIRST ITEM OF BUSINESS

 

Item taken with item #74 CC

 

6.       Communication of the City Manager relative to the legality of City Council endorsement of recommendations from the Mayor’s Social Service Task Force. (Attachments)

 

Referred to Joint Committee on Health & Municipal Operations

 

SECOND ITEM OF BUSINESS

 

Tabled under privilege - Perotto

 

 

7.       Communication of the City Manager recommending that Three Hundred Thousand Dollars ($300,000.00) be transferred from Account #91C741, Street Construction, and appropriated to Account #41C743, Washington Square, to pay for contractual obligations for engineering services related to improvements to Washington Square, as approved in the Capital Improvement Program. (Attachments) Tabled on a roll call 8-0 (Clancy, Perotto, Rushton absent)

 

8.       ITEMS OF CITIZEN INTEREST

 

8a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

9 REFERRED TO PLANNING BOARD

 

9.       Attorney Mark Donahue on behalf of First Columbus Realty, LLC request that City Council amend the City of Worcester Zoning Map by changing the property located southerly of Franklin St. westerly of Plastics St. and northerly of Grafton St. from M.G.-2.0 to the BG-3.0 zoning district. (Attachments)

 

10 & 11 REFERRED TO PUBLIC SERVICE & TRANSPORTATION

 

10.     Councilor Barbara G. Haller request that lumens be increased in the existing street lights in Harding St. between Lafayette St. and Kelley Sq. in the interest of public safety. (Attachments)

11.     Councilor Barbara G. Haller request that lumens be increased in the existing street lights in Millbury St. between Lafayette St. and Kelley Sq. in the interest of public safety. (Attachments)

 
12-14 REFERRED TO TRAFFIC & PARKING

 

12.     Gregory Piscia request resident parking on Shrewsbury St. between Plum St. and Lyon St. (Attachments)

 

13.     Andrew Beardsley request to relocate the handicap parking space in front of 5 Uxbridge St. approximately 20’ to the south and adjacent to the existing handicap space. (Attachments)

 

14.     John LaPrade request handicap parking space in front of 1 Marconi Rd. (Attachments)

 

CHAIRMAN’S ORDERS

 

        15-17 FROM COMMERCE & DEVELOPMENT - Adopted

 

15.     Request City Manager provide City Council with a report concerning the procedures as to how the City might utilize the Construction Manager Risk Method for bidding of public projects. (Attachments)

 

16.     Request City Manager provide City Council with the number of jobs that have been created in Worcester within the Life Science field. (Attachments)

 

17.     Request City Manager request Commissioner of the Department of Public Works and Parks provide the City Council with an explanation of the reasons why no access nor egress is proposed from parcels 1 and 2 directly onto the roundabout that is to be Washington Square. (Attachments)

 

18-20 FROM PUBLIC WORKS - Adopted

 

18.     Request City Manager request City Solicitor to review a 2001 opinion of the Law Department relative to Winter Heights Subdivision in light of additional comment and evidence, and provide the City Council with an additional legal opinion. (Attachments)

 

19.     Request City Manager request City Solicitor to review the documents received in Public Works Committee (Quitclaim Deed, Winter Heights Restrictions to the Deed and Winter Heights Subdivision Maintenance Trust & Exhibit F) and issue a legal opinion as to the right of way passage on Russell Calvin Dr. and, if a cul-de-sac was built, would it be contained within the Winter Heights Subdivision regulation for maintenance purposes. (Attachments)

 

20.     Request Commissioner of Public Works and Parks to conduct a second traffic study for 2 to 3 days in the middle of Russell Calvin Dr. (Attachments)

 

21-22 FROM JOINT HEALTH & MUNICIPAL OPERATIONS - Adopted

 

21.     Request City Manager request City Solicitor provide City Council with a copy of the opinion issued by the Attorney General concerning the financial status of qualifying tax-exempt organizations and other details relating to his determination that their information is not public. (Attachments)

 

22.     Request City Manager request social service providers and the Commonwealth consider improving the physical and service infrastructure in the vicinity of the sites they propose to purchase/occupy. (Attachments)

 

 

ORDERS

 

23.     Request Mayor consider appointing an Ad Hoc Committee for the express purpose of conducting a summit to consider all aspects of the possible future economic development of the Mill St. Corridor. (Rushton) (Attachments)

 

Councilor Rushton moved to amend: Further, to include Webster Square Business area and to suggest a date of June 15th at the Worcester Lodge of Elks @ 23 Mill St. for a meeting date.

 

Adopted, as amended

 

24.     Request City Manager report to City Council concerning the Fire Department’s radio system and equipment including costs and timing for replacement and upgrading.  (Petty) (Attachments) Adopted

 

25.     Request City Manager consider amending the building fee schedule so that fees might be waived for the local Carpenter’s union when they volunteer their time and talent to construct handicapped accessibility ramps. (Toomey) (Attachments) Adopted

 

26.     Request City Manager embark on a new effort to identify and comprehensively inventory city-owned properties, both in and outside the city limits, which might be leased to communication companies for construction of concealed data transmission facilities. (Toomey) (Attachments) Adopted

 

27.     Request City Manager consider the establishment of a design review board and a corresponding set of authorities and responsibilities. (Toomey) (Attachments) Adopted

 

28.     Request City Manager report to City Council concerning the status of tax lien sales and request a listing of tax title properties that are outstanding. (Murray) (Attachments)

 

            Mayor Murray moved to amend:  Further, request this report before the conclusion of the discussion on the FY07 Budget.

 

          Councilor Lukes moved to amend:  Further, to red flag paper streets that could be taxed if it is determined they are not to be used for intended purposes.

 

Adopted, as amended

 

29.     Request City Manager report on the legal mandates for transportation of middle and high school students and what the costs are for student transportation provided by the school department versus the cost and availability of student transportation services by the WRTA. (Lukes) (Attachments) Adopted

 

30.     Request City Manager report to City Council any new initiatives that might be implemented to make the City of Worcester a more business-friendly location, either by developing a hard copy and/or on-line permitting manual to guide entrepreneurs or developers, the implementation of the Pioneer Institute’s permitting manual, and/or the special designation of an existing Code Department employee who would act as a liaison between the City’s permitting process and interested parties. (Smith) (Attachments)

 

            Councilor Toomey moved to amend:  Further, consider including an ambassador component to the efforts to encourage business development in the City of Worcester.

 

          Adopted, as amended

 

31.     Request City Manager report to City Council why Worcester Technical High School and North High School baseball teams were abruptly prohibited from using Tivnan Field on Wednesday, May 17, 2006. (Clancy) (Attachments) Adopted

 

32.     Request City Manager report to City Council regarding the number of parks in the City of Worcester originally donated with deed restrictions, and further, report as to whether or not new deed policies need to be developed in order to protect these lands for recreation. (Clancy, Palmieri) (Attachments) Adopted

 

33.     Request City Manager determine whether the number of handicapped parking spaces behind the Denholm building may be increased to better serve the needs of the clients visiting the social service agencies in that facility. (Rosen, Palmieri) (Attachments) Adopted

 

34 & 35 ADOPTED

 

34.     SEWER BETTERMENT ASSESSMENT:  WEST HILL DRIVE (Attachments)

 

35.     STREET BETTERMENT ASSESSMENT:  ROY STREET (Attachments)

 

36.     RECESS TO FINANCE – No action taken

 

a.       #29a CM January 31, 2006

Communication of the City Manager regarding a fiscal year 2006 status report on the number of, and the amount of, Federal and State grants written, awarded, and pending approval by the appropriate Federal and State agencies. (Attachments)

 

b.       #29b CM January 31, 2006

Communication of the City Manager relative to Governor Romney’s proposed budget for Fiscal 2007, including his recommendations for local aid for the City of Worcester. (Attachments)

 

c.                 #27A CM April 25, 2006

Communication of the City Manager relative to Dr. Caradonio’s letter that was sent to the Worcester School Committee on April 11, 2006 to update them on the financial impact associated with the unveiling of the House Ways and Means FY 2007 State Budget on the Worcester Public Schools. (Attachments)

 

d.                 #18 CC May 16, 2006

Communication of Roberta Schaefer, Ph.D., Executive Director, Worcester Regional Research Bureau transmitting How Can Worcester Insure Its Fiscal Health in FY07 and Beyond? (Attachments) 

 

COMMUNICATIONS

 

37.     Communication of Roberta Schaefer, Ph.D., Executive Director, Worcester Regional Research Bureau transmitting communication relative to Central Massachusetts Talent Retention Project Report. (Attachments) Placed on File

 

38.     Communication of the City Manager transmitting City of Worcester FY’07 Municipal Budget. (Attachments) Referred to Finance

 

REPORTS

 

39-41 ACCEPTED & ADOPTED 

 

39.     REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager relative to the Task Force on Event and Convention Promotion: recommend adoption of the accompanying Order to request City Council to accept and support the recommendations in the Task Force on Event and Convention Promotion report. (Attachments)

 

40.     REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager relative to the redevelopment of Washington Square: recommend adoption of the accompanying Order to request City Council to  accept and support the recommendations in the Washington Square Redevelopment Strategy report. (Attachments)

 

41.     REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager relative to the submittal of a Certified Project application for Poor Farm Brook Development, LLC and IBS Commodities, Inc. and the designation of a new Site Specific Economic Opportunity Area for the site location of 722 Plantation Street:  recommend adoption of the accompanying two Resolutions. (Attachments)

 

42-60 ACCEPTED

 

REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

42.     Relative to an updated Economic Development Initiatives Report February 2006. (Attachments)

         

43.     Relative to an updated Economic Development Initiatives Report March 2006. (Attachments)

 

44.     Relative to an updated Economic Development Initiatives Report April 2006. (Attachments)

 

45.     Relative to an updated Economic Development Initiative Report May 2006. (Attachments)

 

46.     Relative to utilizing the construction Manager Risk Method for bidding public projects. (Attachments)

 

47.     Relative to the State’s New District Improvement Financing (DIF) Program. (Attachments)

 

48.     Relative to how a District Improvement Financing Program works as a mechanism for funding public infrastructure and other public improvements in support of new private development projects in a municipality. (Attachments)

 

49.     Relative to the CitySquare Project and the District Improvement Financing (DIF) Program – development of Lincoln Square and Washington Square using Jerome Wheelock Trust Fund. (Attachments)

 

50.     Relative to an update on the Union Station Bus Ports and the status of negotiations with Greyhound Lines, Inc. (Attachments)

 

51.     Relative to the Administration’s renewed efforts to market and to secure tenants for Union Station. (Attachments)

 

52.     Relative to Union Station tenant interest. (Attachments)

 

53.     Relative to various City Council recommendations for Union Station. (Attachments)

 

54.     Relative to Request for Proposals for commercial marketing and brokerage services on Worcester Redevelopment Authority (WRA) owned property within the City of Worcester. (Attachments)

 

55.     Relative to explanation of how the HUD Section 108 Loans are used. (Attachments)

 

56.     Relative to the signature WaterFire event in Providence, Rhode Island. (Attachments)

 

57.     Relative to the sale of property at the current location of Worcester Vocational High School. (Attachments)

 

58.     Relative to copies of applications received for designation of Neighborhood Revitalization Strategy Areas under the Year 31 Community Development Block Grant Program. (Attachments)

 

59.     REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of Massachusetts Biomedical Initiatives transmitting communication relative to Life Science Incubator Company Start-up Activity and Economic Development Impact:  recommend Communication be placed on file. (Attachments)

 

60.     REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Jonathan Finkelstein requesting that the Zoning Ordinance of the City of Worcester be amended by altering the following areas from an MG-2.0 Zoning District to a BG Zoning District on properties on Madison St., Washington St. and Gold St.: recommend Report and Petition be placed on file. (Attachments)

 

61 VOTED TO ADVERTISE PROPOSED ORDINANCE

 

61.     REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board upon the Petition of Michael Revelli on behalf of M.R. Real Estate, Inc. request to extend the RL-7 zone to include lots 10, 11, 7a, 8, 9 and portions of lots 12, 13 and 14b of an approved subdivision plan titled “Malden Woods”:  recommending to deny the Planning Board Report and approve the Petition as amended to read as follows: to move the RL-7 zone line a distance of 125 feet westerly from the center line of the proposed Danielle’s Way and passage of the accompanying proposed Ordinance. (Attachments)

 

62-71 ACCEPTED & ADOPTED

 

62.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager requesting City Council’s review, consideration and selection of the streets to be resurfaced over the next two to three years from the 2006 Street Resurfacing Program list: recommend adoption of the accompanying Order. (Attachments)

 

63.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager relative to the FY’06 Sidewalk Rehabilitation Program: recommend adoption of the accompanying Order. (Attachments)

 

64.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager relative to the city’s leaf composting operation:  recommend adoption the accompanying Order to request City Council accept the recommendation of the Commissioner of Public Works & Park to relocate Hope Cemetery composting operation to the former Ballard Street Landfill and further, request that the necessary work with the DEP to expand this existing composting site begin immediately. (Attachments)

 

65.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager requesting City Council’s deliberation, consideration and approval to renew a 20 year long-term contract for municipal solid waste disposal with Wheelabrator Millbury: recommend adoption of the accompanying Order authorizing and requesting the City Manager to renew the 20-year long-term contract for municipal solid waste disposal with Wheelabrator Millbury. (Attachments)

 

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

 

66.     Tony Bianco request to extend sanitary sewer on Middlesex Ave approximately 150’ to 96 Middlesex Ave at petitioner’s expense and in accordance with DPW specifications. (Attachments)

 

67.     Kevin Parvin of Parvin Constructions, LLC request sewer extension of 250 ft. from Deepdale Rd. to Idalla Rd. (Attachments)

 

68.    Hossein Haghanizadeh on behalf of P&P/Angelo Scola request to extend an 8” PVC sewer and water main northerly on Myrna Road an approximate distance of 152 ft. All work to be done at petitioner’s expense and subject to prior agreement and Department of Public Works specifications. (Attachments)

 

69.     Hossein Haghanizadeh on behalf of Ricciardi Brothers Inc. request to extend an 8” PVC sewer and water main southerly on Cataract Street an approximate distance of 300 ft. All work to be done at petitioner’s expense and subject to prior agreement and Department of Public Works specifications. (Attachments)

 

70.     Hossein Haghanizadeh on behalf of Leading Edge, LLC request to extend an 8” PVC sewer and water main northerly on Bisland Street an approximate distance of 740 ft. All work to be done at petitioner’s expense and subject to prior agreement and Department of PublicWorks specifications. (Attachments)

 

71.     Angelo Scola for an extension of the sewer and drainage on Drexel Street.  (Attachments)

 

72 & 73 ACCEPTED

 

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

 

72.     Petition of Hossein Haghanizadeh on behalf of M.R. Real Estate Inc. request to extend an 8” PVC sewer and water main westerly on Castine St. an approximate distance of 240 ft. All work to be done at petitioner’s expense and subject to prior agreement and Department of Public Works specifications. (Attachments)

 

73.     Hossein Haghanizadeh on behalf of M.R. Real Estate Inc. request to extend an 8” PVC sewer and water main northerly on Danielle’s Way an approximate distance of 889 ft. All work to be done at petitioner’s expense and subject to prior agreement and Department of Public Works specifications. (Attachments)

 

74 ACCEPTED & ADOPTED

 

74.     REPORT OF THE JOINT COMMITTEE ON HEALTH AND MUNICIPAL OPERATIONS Upon the Communication of Mayor Timothy P. Murray transmitting a report concerning the siting and tax impact of taking properties off the tax roll: recommend adoption of the accompanying Order to request City Council accept the recommendations of the Mayor’s Social Service Task Force and further, request City Manager to proceed with implementation. (Attachments)

         

         

75 ACCEPTED

 

75.     REPORT OF THE JOINT COMMITTEE ON HEALTH AND MUNICIPAL OPERATIONS Upon the Communication of the City Manager relative to social service zoning and permitting enforcement regulations in the Town of Framingham: recommend Communication be placed on file. (Attachments)

 

TO BE ORDAINED

 

76-79 ORDAINED ON A ROLL CALL 9-0 (Clancy, Perotto absent)

 

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

 

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

 

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

 

79.     Amending the Salary Ordinance of August 20, 1996 Occupational Group X – Human Services Project Administrator II. (Attachments)

 

Tabled

 

80.     Order - That the ordinance relative to the Police Departments License Board as it relates to taxi regulations be rescinded. (Murray) (Attachments)  (Tabled May 2, 2006) – No action taken

 

81.     Communication of City Manager Michael V. O’Brien relative to the Joint Labor Management Committee’s Arbitration Opinion and Decision, Award and Concurring Opinion (from the management representative panelist Daniel J. Morgado) regarding the FY04 – FY07 successor contract for IAFF Local #1009. (Tabled May 9, 2006) (Attachments)

 

Taken off the Table and placed on file

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

MAY 22, 2006

   6:00 P.M.

YOUTH, PARKS & RECREATION

 

COUNCIL CHAMBER

MAY 23, 2006

   2:00 P.M.

 

FINANCE

FY07 Budget

COUNCIL CHAMBER

 

MAY 25, 2006

   5:00 P.M.

 

COMMUNITY DEVELOPMENT

COUNCIL CHAMBER

MAY 30, 2006

   4:00 P.M.

FINANCE

FY07 Budget

 

COUNCIL CHAMBER

 

MAY 31, 2006

   6:00 P.M.

 

COMMUNITY DEVELOPMENT

COUNCIL CHAMBER

JUNE 5, 2006

   6:00 P.M.

 

MUNICIPAL OPERATIONS

COUNCIL CHAMBER

JUNE 6, 2006

   4:00 P.M.

FINANCE

FY07 Budget

COUNCIL CHAMBER

 

 

 

JUNE 7, 2006

   5:30 P.M.

 

TRAFFIC & PARKING

COUNCIL CHAMBER

JUNE 8, 2006

   5:00 P.M.

 

EDUCATION & COLLEGE/UNIVERSITY RELATIONS

 

COUNCIL CHAMBER

JUNE 12, 2006

 5:30-7:00 P.M.

 

PUBLIC SAFETY

COUNCIL CHAMBER

JUNE 12, 2006

   7:00 P.M.

PUBLIC SERVICE & TRANSPORTATION

COUNCIL CHAMBER

 

 

 

JUNE 13, 2006

   4:00 P.M.

FINANCE

FY07 Budget

COUNCIL CHAMBER

 

 

 

JUNE 20, 2006

   4:00 P.M.

 

FINANCE

FY07 Budget

COUNCIL CHAMBER

FY07 BUDGET HEARINGS

 

Tuesday, May 23, 2006 2:00 P.M. – 4:00 P.M.

 

City Council, Mayor’s Office, City Clerk, Auditing and Retirement (Contributory Pensions, Non-Contributory Pensions and Pensions-Other)

 

City Manager’s Office, City Manager’s Contingency, Airport, Election Commission, Cable Services (no tax levy), Human Resources, Workers Compensation & Public Safety IOD and Unemployment Insurance

 

Economic Development, Neighborhood & Housing Development, Union Station, Planning & Regulatory Development and Workforce Development

 

Tuesday, May 30, 2006 4:00 P.M. – 6:00 P.M.

 

Budget Office, Assessor’s Office, Purchasing Division, Technical Services, Treasurer & Collector, Health Insurance, Debt Service Principal & Interest and Pension Obligation Bonds

 

Human Services Administration, Code Enforcement, Health, Human Services (Disability Commission, Human Rights & Veterans’ Services), Elder Affairs and Library (Public & Regional)

Tuesday, June 6, 2006 4:00 P.M. – 6:00 P.M.

 

City Manager’s Marketing Campaign, Auditorium, City Messenger, Worcester Civic Center, Golf, Off-Street Parking Program, Administration & Finance Division, Engineering/Architectural Division, Streets Division, Sanitation Division, Central Garage Division, Parks, Recreation & Hope Cemetery, Snow Removal, Streetlights Division, Sewer Division and Water Division

 

Tuesday, June 13, 2006 4:00 P.M. – 6:00 P.M.

 

Fire Department, Police Department, Communications Department, Licensing Commission, Law Department, Property & Casualty Insurance and Court Judgments

 

Tuesday, June 20, 2006 4:00 P.M. – 6:00 P.M.

 

Public Schools

 

Capital Investment Programs

 

EVALUATION OF THE CITY MANAGER

 

June 27, 2006 – 7:00 P.M.

 

SUMMER SCHEDULE

CITY COUNCIL MEETINGS

    

July 18, 2006 – 4:00 P.M.

 

August 29, 2006 – 4:00 P.M