CITY OF WORCESTER
CITY CLERK DEPARTMENT
JOURNAL
OF THE CITY COUNCIL
– SEPTEMBER 28, 2004
7:00 P.M.
Convened: 7:09 P.M.
Adjourned: 10:10 P.M.
1 PLEDGE
OF ALLEGIANCE/STAR SPANGLED BANNER
2 ROLL
CALL – All present
ORDINANCE COMMITTEE HEARING – 700 P.M.
3 - Ordinance Committee voted on a roll call vote of 11
Yeas and 0 Nays to accept the Report of the Planning Board and recommend
approval of the Petition
3. REPORT OF THE PLANNING BOARD Upon the Petition of Attorney
Jonathan Finkelstein requesting the Zoning Ordinance be amended by adding Note
2 in Table 4.2: The designation 2+ indicates a maximum of 2 habitable stories
with a non-habitable attic and garage underneath, if provided. The story containing a garage is not
considered habitable if the garage area occupies 50% or more of the entire
story. (Attachments)
4. ITEMS
OF CITIZEN INTEREST
4a. ITEMS
OF DEPARTMENTAL OR EMPLOYEE INTEREST
5
– REFERRED TO PLANNING BOARD
5. Robert O’Neil, Jr. on behalf of Dacha Realty LLC request to
make public Kelsey Drive a developer street and to add it to the Official Map.
(Attachments)
6 – REFERRED TO PUBLIC
SERVICE & TRANSPORTATION COMMITTEE
6. Senad Sabotic et al request to install street light on
telephone pole #2 on Bel Air St. (Attachments)
7-10 REFERRED TO PUBLIC
WORKS COMMITTEE
7. Gary Peters request repair of sidewalk in front of 4 Clearview
Ave. (Attachments)
8. Aglaia Biliouris request repair of sidewalk in front of 20
Blossom St. (Attachments)
9. Donald Lusignan, President, Lusignan Brothers, Inc. request
repair of sidewalk at 31 Canterbury St. (Attachments)
10. Lawrence MacDonald, President, E.B. Luce Corp. request
reconsideration of a closing of the median strip in the vicinity of the
intersection of Shrewsbury St. and Laraia St. (Attachments)
11-15 TO TRAFFIC &
PARKING
11. Senad Sabotic et al request to install a “Go Slow Children” sign
at the beginning of Bel Air St. (Attachments)
12. Jack Foley on behalf of Clark University request to install
appropriate signage for “No Parking” 20’ both sides of Downing St. where Clark
University garage exits onto Downing St. (Attachments)
13. Jack Foley on behalf of Clark University request to install
appropriate signage for “No Parking” 20’ both sides of the four corner
intersection of Florence St. and Shirley St. (Attachments)
14. Suzanne Wheeler request to remove handicap parking sign in front
of 81 Russell St. (Attachments)
15. Beau LeBouef on behalf of the Worcester Post Office request to
change the street sign at the intersection of Dix St. & Lancaster St. from
“Left Turn Only” to one which would allow traffic to continue straight on Dix
St. (Attachments)
15a. Request City Manager to report, prior to any final payment, as to
exactly what the status is of the roof replacement project at South High
School. Motion-Clancy @ #22A CM –
Adopted (Attachments)
15b. Request City Solicitor to provide a legal opinion as to the City
Manager’s ability to hire and under what circumstances this is related in terms
of the City Manager’s ability to fire, and under what circumstances. Motion-Lukes @ #28E CM – Adopted (Attachments)
15c. Request City Solicitor and Assessor to report on what would happen
to the Medical Center TIF agreement in the event it was sold to a new
entity. Motion-Perotto @ #4B CM –
Adopted (Attachments)
15d. Request City Assessor to provide City Council with a spreadsheet
of the increase in property values over the last ten years, both commercial and
residential. Motion-Clancy @ #4C CM
– Adopted (Attachments)
15e. Request City Manager to provide City Council with valuation
materials three weeks before the tax classification hearing is set, to be
referred to the Municipal Operations Committee. Motion-Clancy @ #4C CM – Adopted (Attachments)
15f. Request Administration to provide a broader breakdown of
valuation within the residential classification, single family homes, duplexes,
triple deckers and condominiums. Motion-Haller
@ #4C CM – Adopted (Attachments)
15g. Request City Assessor to report on commercial growth, by
quadrant, in the last 18 months and how
commercial real estate values have been impacted and further, where there has
been a decline in the value of commercial property. Motion-Palmieri @ #4C CM – Adopted (Attachments)
15h. Request City Manager to report showing the number of homes that
existed in the City of Worcester in 1994 and each of the last 10 years. Further, the total square footage of office,
industrial and commercial space in each of the last 10 years. Motion-Gomez @ #4C CM – Adopted (Attachments)
15i. Request Administration to report as to the approximate amount of
monies the City has put into the American Disabilities Act relative to
sidewalks, parks, restrooms and public areas within the City. Motion-Perotto @ #14A CM – Adopted (Attachments)
15j. Request Administration to forward the Independent Network of
Citizens With Disabilities Report along with Item 14A of the City Manager’s
Calendar of September 28, 2004 to the Public Works and Ethnic and Minority
Affairs Committees. Motion-Haller @
#14A CM – Adopted (Attachments)
15k. Request City Clerk and City Administration to do everything they
possibly can to distribute all of the information that is coming out of the
City Administration and meetings that have taken place in Public Service and
Transportation relative to the issue of livery/limousine services, the
Internet, contacting the Worcester Housing Authority and private housing
developments for seniors, Senior Center, Center for Living and Working,
Neighbor to Neighbor and any other individual who has come before the City
Council to address the issue of taxi cabs and livery vehicles. Motion-Gomez @ #19D CM – Adopted (Attachments)
15L. Request Commissioner of Public Works to provide an estimate of the
number of speed humps required and the cost for those petitions that have
already been submitted requesting speed humps.
Motion-Clancy @ #23B CM – Adopted
(Attachments)
15m. Request City Solicitor to report on the liability issue of
installing speed humps on a large scale basis.
Motion-Palmieri @ #23B CM – Adopted
(Attachments)
15n. Request City Manager to request the Code Commissioner and other
appropriate city personnel to conduct a comprehensive review of the inspection
procedures and sign-offs that are activated when a transient carnival operator
notifies the City that his operation applies to operate rides within the City
and report if local inspections and controls are sufficient, and if they are
not, consider recommending that an emergency moratorium on carnival rides be
enacted until such time that sufficient and appropriate controls that guarantee
public safety are proven to be in place.
White-Suspension of Rules – Adopted (Attachments)
15o. Request Administration to report as to what has been done to date
and what additional steps will be taken in order to provide businesses
operating and people living in the neighborhood of the Bravo Café with a
resolution to existing problems at that establishment. Irish-Suspension of Rules
Councillor Haller moved
to amend: Further, request a report as to why the entertainment license is not
being enforced at this location.
Adopted, as amended
(Attachments)
15p. Request Administration to report on the possibility of superceding
the City’s noise ordinance as it applies to outdoor religious festivals being
held on Pleasant St. If not, request a
report as to why the Police Department is not enforcing the City’s noise
ordinance, despite repeated calls by citizens and follow-up calls by Councillor
Irish to the Police Department. Irish-Suspension of Rules – Adopted
15q. Request Administration to provide City Council with a copy of the power point presentation made
by the City Manager at the September 28, 2004 City Council meeting relative to
the proposed reorganization plan. Haller-Suspension
of Rules – Adopted (Attachments)
MICHAEL V. O’BRIEN
CITY MANAGER
CITY COUNCIL CALENDAR
FOR SEPTEMBER 28, 2004
1. NON-CITY COUNCIL CONFIRMATION:
A. Notification of the
reappointment of Peter W. McKone, and Philip M. Landry to the Conservation
Commission. (Attachments)
Placed on file
2. CITY COUNCIL CONFIRMATION:
3. AIRPORT:
4. ASSESSORS:
A. Communication
relative to Data on Tax Exempt Properties. (Attachments)
Referred to joint Municipal Operations and Education &
College/University Relations Committees
B. Communication
relative to Medical Center Revenue Stream. (Attachments)
Councillor Irish recused on a roll call 9-0 (Lukes absent)
Referred to Land Use
Committee
C. Communication
relative to Fiscal 2005 Preliminary Certification. (Attachments)
Placed on file
5. BUDGET OFFICE:
6. CODE ENFORCEMENT:
7. COMMUNICATIONS:
A. Communication relative to
Paxton Tower Site Lease. (Attachments)
Order adopted on a roll call
11-0
8. ECONOMIC DEVELOPMENT:
A. Communication
relative to Parking Facilities/Areas for the Public who will be using the New
Court House. (Attachments)
Recommitted to the City Manager
B. Request adoption of a Zone Change
for 75 Piedmont Street. (Attachments)
Recommitted to the City Manager
C. Communication relative to 75
Piedmont Street Property Transfer Request. (Attachments)
Approved – See Item 26B for
Order
9. ELDER AFFAIRS:
A. Communication relative to
Grand Re-Opening of Bobby M’s Diner. (Attachments)
Placed on file
10. ELECTION COMMISSION:
11. EMERGENCY MANAGEMENT:
12. EMPLOYMENT & TRAINING:
13. FIRE:
A. Request City Council accept
with gratitude, a donation of One 1997 Ambulance from the City of Somerset, MA. (Attachments)
Order adopted with gratitude
B. Request City Council accept
with gratitude donations from the Leary Fire Fighters Foundation and the
Worcester Fire Fighters Memorial, Inc. (WFFM) to the City of Worcester. (Attachments)
Order adopted with gratitude
14. HUMAN RESOURCES:
A. Communication relative to
the ADA Transition Plan Update for the City of Worcester. (Attachments)
Referred to Public Works Committee and Ethnic &
Minority Affairs Committee
15. LAW:
A. Communication relative to
Policy – Sale of City Owned Property. (Attachments)
Referred to Land Use
Committee
16. LICENSE COMMISSION:
17. NEIGHBORHOOD SERVICES:
18. PARKS, RECREATION & CEMETERY:
A. Communication relative to an
Invitation to a Public Hearing on the Master Plan Initiative for Improvements
to Rockwood Field.
(Attachments)
Placed on file
B. Request adoption of a
resolution to accept with gratitude a donation from the Massachusetts
Interscholastic Athletic Association. (Attachments)
Resolution adopted with
gratitude
19. POLICE:
A. Communication relative to
Overview of the Anti-Violence Street Crime Unit. (Attachments)
Referred to Public Safety Committee
for October 4, 2004 meeting
B. Request City Council accept
with gratitude, a donation of $1,000.00 from Target Stores for DVD Recorder and
Mini-DV Camcorder for the Police Department. (Attachments)
Order adopted with gratitude
C. Request City Council accept
with gratitude, a donation of a surplus canine vehicle from the Auburn Police
Department. (Attachments)
Order adopted with gratitude
D. Communication relative to
Licensing Livery/Limousine Services. (Attachments)
Referred to Public Service & Transportation
Committee for September 30, 2004 meeting
20. PUBLIC HEALTH:
21. PUBLIC LIBRARY:
22. PUBLIC SCHOOLS:
A. SUPPLEMENTAL –
Communication relative to project status for South High Roof Replacement
Project. (Attachments)
Placed on file
23. PUBLIC WORKS:
A. Communication relative to
State Funding for Sidewalks. (Attachments)
Referred to Public Works Committee
B. Communication relative to
Grooved Pavement – A Traffic Calming Alternative. (Attachments)
Referred to Traffic &
Parking Committee
24. PURCHASING:
25. TECHNICAL SERVICES:
26. TREASURY:
A. Request adoption of an order
requesting the Transfer of Jurisdiction of Land on Chester St. to the
Conservation Commission. (Attachments)
Order adopted on a roll call
10-0 (Palmieri absent)
B. Request adoption of an order
Transferring Jurisdiction of Land at 75 Piedmont St. to the Executive Office of
Economic Development. (Attachments)
Order adopted on a roll call
10-0 (Palmieri absent)
27. VETERANS SERVICES:
28. FINANCE:
A. Recommend that Two Hundred
Thirty Thousand Dollars ($230,000.00) be transferred, when and as received,
from Account #91C780, Citywide Capital Equipment, and appropriated to Account
#68C701, Technical Services Department Capital Equipment, for the purpose of
providing funding for the purchase of centralized data storage system and
continuation of the Windows 2000 server upgrade project, as approved in the
fiscal 2004 and 2005 Capital Improvement Program. (Attachments)
Order adopted on a roll call 11-0
B. Recommend that Twelve
Thousand Seven Hundred Ninety Five Dollars and Sixteen Cents ($12,795.16) 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 purchasing (7) Computers and (1) Auto Cad
Licenses for the Water Department, as approved in the Capital Improvement
Program. (Attachments)
Order adopted on a roll call 11-0
C. Recommend that Three Hundred
Ninety Four Thousand Nineteen Dollars and Eighty Nine Cents ($394,019,89) be
transferred from the following accounts:
|
ACCOUNT |
DESCRIPTION |
AMOUNT |
|
330-01 |
Pearl Elm Reserves |
$191,062.69 |
|
330-02 |
Federal Plaza Reserves |
114,065.20 |
|
330-03 |
Off Street Reserves |
72,194.50 |
|
330-04 |
Parking Meter Reserves |
16,697.50 |
|
|
Total |
$394,019.89 |
And appropriated to the following accounts:
|
ACCOUNT |
DESCRIPTION |
AMOUNT |
|
46S501 |
Pearl Elm Ordinary
Maint. |
$191,062.69 |
|
46S502 |
Federal Plaza Ordinary
Maint. |
114,065.20 |
|
46S503 |
Off Street Ordinary
Maint. |
72,194.50 |
|
46S504 |
Parking Meter Ordinary
Maint. |
16,797.50 |
|
|
Total |
$394,019.89 |
This
appropriation provides sufficient operating funds for the Off Street Parking
Program for the Second Quarter of Fiscal 2005. (Attachments)
Order adopted on a roll call
11-0
D. Recommend that Two
Hundred Thirty One Thousand Dollars
($231,000.00) be transferred from the following Accounts #91C711, Citywide
Building Rehabilitation and appropriated to Account #75C702, Civic Centre Building
Rehabilitation, to provide funds for the payment of contractual obligations
related to various improvements and rehabilitation projects at the Centrum
Centre, as approved in the Capital Improvement Program. (Attachments)
Order adopted on a roll call
11-0
E. SUPPLEMENTAL –
Recommend that One Hundred Forty Seven Thousand Five Hundred Dollars
($147,500.00) be transferred from the following accounts:
|
ACCOUNT |
DESCRIPTION |
AMOUNT |
|
043-91000 |
Econ Dev Personnel Services
|
$ 38,375.00 |
|
044-91000 |
Neigh Serv Personnel Services
|
9,125.00 |
|
900-92000 |
City Manager’s Contingency
|
100,000.00 |
|
|
Total
|
$147,500.00 |
To Account #040-91000, City Manager’s Personnel Services Account to provide funding for Item #29B on the City Manager’s Calendar of September 28, 2004.
Tabled under privilege
(Lukes) (Attachments)
29. MISCELLANEOUS:
A. Communication from the City Manager respectfully requesting an Ordinance Reorganizing the Departments, Boards and Commissions of the City of Worcester. (Attachments)
Referred to Municipal
Operations Committee for
October 6, 2004 meeting
B. SUPPLEMENTAL – Recommend
adoption of an amendment to the Salary Ordinance authorizing the City Manager
to grant a severance payment to management employees. (Attachments)
Tabled
under privilege (Lukes)
17. James DelSignore, City Auditor transmitting report relative to
increase pensions for retired public safety employees under MGL chapter 32
sections 90A & C and demographic information related to those who would
receive this benefit increase. (Attachments)
Referred to Municipal Operations Committee
19 – Councillor Lukes recused on a roll call 9-0 (Clancy absent) Referred to joint Land Use and Commerce & Development
Committees for a hearing
19. REPORT OF THE PLANNING BOARD Upon the Petition of Attorney
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. (Attachments)
20-29 – REFERRED TO PUBLIC WORKS COMMITTEE
20. REPORT OF THE PLANNING BOARD Upon the Petition of Attorney
Jonathan Finkelstein on behalf of Afra Realty request to make public Saffron
Drive a developer street and to add to the official map. (Attachments)
21. REPORT OF THE PLANNING BOARD Upon the Petition of Attorney
Jonathan Finkelstein on behalf of Winter Heights Trust request to make public
Oriental Drive a developer street and to add to the official map. (Attachments)
22. REPORT OF THE PLANNING BOARD Upon the Petition of Attorney
Jonathan Finkelstein on behalf of Winter Heights Trust request to make public
Azalea Drive a developer street and to add to the official map. (Attachments)
23. REPORT OF THE PLANNING BOARD Upon the Petition of Attorney
Jonathan Finkelstein on behalf of Winter Heights Trust request to make public
Nizam Drive a developer street and to add to the official map. (Attachments)
24. REPORT OF THE PLANNING BOARD Upon the Petition of Attorney
Jonathan Finkelstein on behalf of Winter Heights Trust request to make public
Rainbow Drive a developer street and to add to the official map. (Attachments)
25. REPORT OF THE PLANNING BOARD Upon the Petition of Attorney
Jonathan Finkelstein on behalf of Winter Heights Trust request to make public
Snowy Owl Lane a developer street and to add to the official map. (Attachments)
26. REPORT OF THE PLANNING BOARD Upon the Petition of Attorney
Jonathan Finkelstein on behalf of Winter Heights Trust request to make public
Jasmine Drive a developer street and to add to the official map. (Attachments)
27. REPORT OF THE PLANNING BOARD Upon the Petition of Attorney
Jonathan Finkelstein on behalf of Winter Heights Trust request to make public
Taj Drive a developer street and to add to the official map. (Attachments)
28. REPORT OF THE PLANNING BOARD Upon the Petition of Attorney
Jonathan Finkelstein on behalf of Winter Heights Trust request to make public
Hibiscus Drive a developer street and to add to the official map. (Attachments)
29. REPORT OF THE PLANNING BOARD Upon the Petition of Attorney
Jonathan Finkelstein on behalf of Winter Heights Trust request to make public
Russell Calvin Drive a developer street and to add to the official map. (Attachments)
30
– Taken off the Table and Order adopted on a roll call 11-0
30.
Recommend that One Million Four
Hundred Thousand Dollars ($1,400,000.00) be transferred from Account #91C711,
Building Rehabilitation, and appropriated to Account #50C704, School Department
Building Rehabilitation, to provide funds for the payment of contractual obligations
related to roof replacement at South High School, Doherty High HVAC, and other
associated costs, as approved in the Capital Improvement Program. (Attachments)
TABLED ITEM
31
– Tabled
31. REPORT OF THE COMMITTEE ON ORDINANCES Upon the Report of the
Planning Board upon the Communication of the City Manager relative to a
Residential Building Moratorium within the Airport Environs Zone: recommend
Report and Communication be referred to Land Use Committee. (Tabled
September 21, 2004) (Attachments)
SCHEDULED MEETINGS OF THE
STANDING COMMITTEES
|
SEPTEMBER 27, 2004 6:00
P.M. |
PUBLIC WORKS |
COUNCIL CHAMBER |
|
SEPTEMBER 28, 2004 6:15
P.M. |
ELDER AFFAIRS |
COUNCIL CHAMBER |
|
SEPTEMBER 30, 2004 5:30
P.M. |
PUBLIC SERVICE & TRANSPORTATION |
COUNCIL CHAMBER |
|
OCTOBER 4, 2004 5:15
P.M. |
PUBLIC SAFETY |
COUNCIL CHAMBER |
|
OCTOBER 4, 2004 7:00
P.M. |
HEALTH |
COUNCIL CHAMBER |
|
OCTOBER 13, 2004 7:00
P.M. |
PUBLIC SERVICE & TRANSPORTATION |
COUNCIL CHAMBER |
|
OCTOBER 18, 2004 5:15
P.M. |
PUBLIC SAFETY |
COUNCIL CHAMBER |
|
OCTOBER 19, 2004
5:30.M. |
TRAFFIC & PARKING |
COUNCIL CHAMBER |
|
OCTOBER 25, 2004 5:15
P.M. |
PUBLIC SAFETY |
COUNCIL CHAMBER |