CITY OF WORCESTER
CITY CLERK DEPARTMENT
JOURNAL
OF THE CITY COUNCIL
– SEPTEMBER 27, 2005
7:00 P.M.
Convened: 7:12 P.M.
Adjourned 11:35 P.M.
1. INVOCATION - Rev. Dr. Khatchadour Boghossian
Armenian Apostolic Holy Trinity Church
2. PLEDGE
OF ALLEGIANCE/STAR SPANGLED BANNER
3. ROLL
CALL – All present except Councillor Palmieri and Councillor Gomez.
Councillor Palmieri arrived at 7:16 P.M. and Councillor Gomez arrived at 7:25
P.M.
4. ITEMS
OF CITIZEN INTEREST
4a. ITEMS
OF DEPARTMENTAL OR EMPLOYEE INTEREST
FIRST ITEMS OF
BUSINESS
TABLED UNDER
PRIVILEGE – (5-8 LUKES) (9-12 GOMEZ)
CHAIRMAN'S ORDERS FROM THE
COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION
5. Request City Manager request the Police Chief to provide the City Council with information on how the taxi owners/operators serve the non-English speaking populations. (Attachments) Adopted
6. Request City Manager provide the City Council with a draft of the proposed new rules and regulations and enforcement plans for owners/operators of taxis in the City of Worcester. (Attachments) Adopted
7. Request City Manager request the Police Chief consider recommending to City Council new Rules and Regulations for taxi licensing that includes the following issues of public interest:
1. that
there be a mandatory driver photo identification,
2. that
there be unannounced inspections,
3. that
a reduction in the age allowed for taxis to be on the road from 7 years to 6½
this year and then down to 6 next year so as to ease into a newer fleet rather
than hit the owners with a one year change all at once,
4. that
the posting of rates inside cabs be required,
5. that
the name and phone number of the taxi owner be displayed on the exterior of
each cab,
6. that
issues of taxi cleanliness is required,
7. that
a review of the criminal record (including sex offenders) of drivers be
required before they are licensed to drive,
8. that
an annual review of the number of hours each taxi is on the road in a given
month is required so as to guarantee that the public is adequately served,
9. that
no bumper stickers or window stickers be allowed on taxis because they are not
private vehicles but public conveyances,
10. that
drivers should be clean and uniformed as they are ambassadors of the city to
visitors, and
11. that
taxi license rules and regulations also apply to liveries.
(Attachments) Adopted
8 - VOTED TO ADVERTISE
8. REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager relative to Regulation and Penalties applicable to livery vehicles: recommend passage of accompanying 3 Proposed Ordinances. (Attachments)
9. Request Administration report on the feasibility of quarterly
inspections required by taxis be conducted by an independent third party.
(Gomez) (Attachments) Adopted
10. Request
Administration report to the City Council on increasing the number of taxi
medallions from 108 to 158. (Gomez) (Attachments) Denied on a roll call 3-7. Yes – Gomez, Haller, Irish. No – Clancy, Lukes, Perotto, Petty, Rushton,
White, Murray. Palmieri absent. Reconsideration denied on a roll call
0-10.
11. Request
Administration report on the feasibility that all vehicles in the taxi fleet be
no older than 7 years by July 2006 and 6 years by July 2007. (Gomez) (Attachments) Given Leave to Withdraw
12. Request City Council go on record opposing the bill proposed by one of the members of our state delegation calling for up to $5,000 for liveries operating as taxis. (Gomez) (Attachments) Denied on a roll call 3-7. Yes – Gomez, Haller, Lukes. No – Clancy, Irish, Perotto, Petty, Rushton, White, Murray. Palmieri absent.
TABLED UNDER PRIVILEGE
(HALLER)
13. REPORT OF THE COMMITTEE ON
LAND USE Upon the Report of the Planning Board upon the Petition of Mark
Lindstrom requesting to rezone land at 7 Riley St. from RG-5 back to MG 2.0 so
owner of said lot can erect a commercial metal building for storage use. (Attachments) Council voted on a roll call 8-3
(Yes-Clancy, Irish, Lukes, Palmieri, Perotto, Petty, Rushton, Murray)
(No-Gomez, Haller, White) not to accept the recommendation of the Planning
Board to deny the Petition and to approve the recommendation of the Land Use
Committee to approve the Petition and advertise the proposed Ordinance. Reconsideration denied on a roll call 0-11.
PETITIONS
14
& 15 REFERRED TO PARKS DEPARTMENT
14. Councillor Frederick C. Rushton, Mayor Timothy P. Murray,
Councillors Joseph M. Petty & Michael C. Perotto request trimming of City
shade trees in and around the intersection of Isabella St. and Circuit Ave.
East.
15. Councillor Frederick C. Rushton, Mayor Timothy P. Murray,
Councillors Joseph M. Petty & Michael C. Perotto request removal of tree
stump in front of 9 Circuit Ave. East.
(Attachments)
16-21
REFERRED TO PUBLIC WORKS COMMITTEE
16. James Kenary request sidewalk repair in front of 121 Coolidge Rd. (Attachments)
17. Marilyn and Mario DiGioia request private street betterment for Belcourt Rd. (Attachments)
18. Mary Quinlan Bartholomew request sidewalk repair in front of 10 Trinity Ave. (Attachments)
19. Jeanette Josti request sidewalk repair at 2 McKinley Rd. (Attachments)
20. Andrew Crompton request sidewalk repair at 26-24 William St. (Attachments)
21. Councillor Frederick C. Rushton, Mayor Timothy P. Murray, Councillors Joseph M. Petty & Michael C. Perotto request Cape Cod berm along easterly side of Lovell St. between Maywood and Vineyard Sts. be replaced with granite curbing so as to prevent motorists from driving onto and parking their vehicles in the sidewalk area. (Attachments)
22-32 REFERRED TO TRAFFIC & PARKING COMMITTEE
22. Lamine Kebeh request removal of handicap parking sign at 53 Suffolk St. (Attachments)
23. Jennifer Breen, Housing Assistant, Worcester East Side CDC, request removal of half hour parking signs at 409 Shrewsbury St. and replace with unlimited parking. (Attachments)
24. William Ryan request removal of handicap parking sign at 65
Fairmont Ave. (Attachments)
25. State Representative John Fresolo on behalf of Anna Leseman request
4-way Stop sign at corner of Vale St. and Acton St. (Attachments)
26. Councilor Paul P. Clancy, Jr. on behalf of Patricia Smith,
Principal, St. Mary’s Elementary School request School Zone sign 20 MPH on Ward
St. in vicinity of Richland St. (Attachments)
27. Michael Lucente request winter parking ban on Creston St. be
turned over to the even side rather than the odd. (Attachments)
28. Councillor Frederick C. Rushton, Mayor Timothy P. Murray,
Councillors Joseph M. Petty & Michael C. Perotto request Bus Stop on north
side of Maywood St. near intersection
with Lovell St. be moved to a more easterly location in the interest of public
safety. (Attachments)
29. Councillor Frederick C. Rushton, Mayor Timothy P. Murray,
Councillors Joseph M. Petty & Michael C. Perotto request Go Slow Children
signs be installed in Englewood St. and Circuit Ave. East near entrance
driveway to Knights of Columbus facility.
(Attachments)
30. Councillor Frederick C. Rushton, Mayor Timothy P. Murray,
Councillors Joseph M. Petty & Michael C. Perotto request crosswalks in
Lovell St. in vicinity of Columbus Park School be repainted. (Attachments)
31. Councillor Thomas P. White request installation of “Do Not Block
This Intersection” sign in West Boylston St. before it’s intersection with
Summerhill Ave. (Attachments)
32. William Cosenza, Jr. et al request removal of Parking by
Resident Permit Only signs on Dustin St. or change to Resident Parking Only
6:00 a.m. to 6:00 p.m. (Attachments)
33 HEARING SET FOR OCTOBER 4, 2005 – 7:00 P.M.
33. NSTAR for gas main locations on: Acton St., Arthur St., and
Flower St. (Attachments)
34. COMMUNICATIONS
OF THE CITY MANAGER
MICHAEL V. O’BRIEN
CITY MANAGER
CITY COUNCIL CALENDAR
FOR SEPTEMBER 27, 2005
1. NON-CITY COUNCIL CONFIRMATION:
2. CITY COUNCIL CONFIRMATION:
3. AIRPORT DIVISION:
4. CABLE SERVICES DIVISION:
5. ELECTION COMMISSION DIVISION:
6. HUMAN RESOURCES DIVISION:
7: WORKFORCE DEVELOPMENT:
8. ECONOMIC DEVELOPMENT DIVISION:
A. Transmitting informational
communication relative to the submittal of a Certified Project application for
Eastern Property Trust, LLC and New England Endoscopy Center, LLC and the
designation of a new Site Specific Economic Opportunity Area for the site
location of 21 Eastern Avenue. (Attachments) Referred to Commerce & Development
Committee
9. NEIGHBORHOODS & HOUSING DEVELOPMENT:
10. PLANNING AND REGULATORY SERVICES DIVISION:
11.
ENGINEERING & ARCHITECTURAL SERVICES DIVISION:
A. Transmitting informational communication
relative to a Status Report on the Union Station Parking Garage. (Attachments) Referred to Commerce & Development
Committee
12.
OPERATIONS DIVISION:
A. Transmitting informational communication
relative to recommended changes in downtown and arterial parking restrictions
to enhance the current street sweeping program. (Attachments) Referred to Public Works Committee
13. PARKS DIVISION:
14. COMMUNICATIONS DEPARTMENT:
15. FIRE
DEPARTMENT:
A. Request that the City Council accept with
gratitude a donation from Mr. Selim Lahoud in the amount of One Thousand Dollars
($1,000.00). (Attachments) Order adopted with gratitude
B. Request adoption of a summary and resolution to file and accept a FFY’05 Fire Prevention and Safety Grant under the Assistance to Firefighters’ Grant made available from the Department of Homeland Security. (Attachments) Resolution adopted
16. LICENSE COMMISSION:
17. POLICE
DEPARTMENT:
A. Transmitting informational communication
regarding the status of the police recruit class. (Attachments) Placed on file
18. CODE
ENFORCEMENT DIVISION:
A. Transmitting informational communication
regarding inspections by the Division of Code Enforcement in the South
Worcester neighborhood area. (Attachments) Placed
on file
19. DISABILITY DIVISION:
20. ELDER AFFAIRS DIVISION:
21. HUMAN RIGHTS DIVISION:
22. HUMAN SERVICES DIVISION:
23. PUBLIC HEALTH DIVISION:
24. PUBLIC
LIBRARY:
A. Request adoption of a resolution to accept
with gratitude a grant in the amount of Five Hundred and Ninety One Dollars
($591.00) from the Clarence S. Arms Family Fund of the Greater Worcester
Community Foundation to the Talking Book Library at the Worcester Public
Library. (Attachments) Resolution adopted with gratitude
25. VETERANS’ SERVICES DIVISION:
26. LEGAL
DIVISION:
A. Transmitting informational communication
concerning the Report and the Proposed Order from the Committee on Public
Service and Transportation relative to new taxicab regulations. (Attachments) Referred to Public Service &
Transportation Committee
27. PUBLIC
SCHOOLS:
A. Transmitting informational communication
relative to the heating costs and the type of heating source for the Worcester
School Department’s middle and high schools for the past three years. (Attachments) Placed on file
28. ASSESSING DIVISION:
29. BUDGET OFFICE DIVISION:
30. PURCHASING DIVISION:
31. TECHNICAL SERVICES DIVISION:
32. TREASURY & COLLECTIONS DIVISION:
33. FINANCE DIVISION:
A. Recommend that Sixty Five Thousand Dollars ($65,000.00) 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 16’ Riding Mower, for Parks & Recreation, as approved in the fiscal 2006 Capital Improvement Program. (Attachments) Order adopted on a roll call 10-0 (Rushton absent)
B. Recommend 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. (Attachments) Tabled under privilege (Lukes)
C. Recommend that Sixty Thousand Five Hundred Fifteen Dollars ($60,515.00), be transferred when and as received from Account #91C780, Citywide Capital Equipment, and appropriated to Account #28C701, Code Enforcement Capital Equipment, to provide funds for the purpose of funding the purchase of 5 Ford Focus LX Sedans @ ($12,103.00 each) for Health & Human Services Code Enforcement Division, as approved in the Fiscal 2006 Capital Improvement Program. (Attachments) Order adopted on a roll call 10-0 (Rushton absent)
D. Recommend that Six Hundred Thousand Dollars ($600,000.00) be transferred from Account #91C713, Water Mains, and appropriated to Account #45C720, Water Mains, to allow for the payment of current and future obligations for various water main construction projects, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 10-0 (Rushton absent)
E. Recommend that One Hundred Thousand Dollars ($100,000.00) be transferred from Account #91C737, Water Meters, and appropriated to Account #45C794, Water Meters, to allow for the payment of current and future obligations for various water meter projects, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 10-0 (Rushton absent)
F. Recommend that Five Hundred Thousand Dollars ($500,000.00) be transferred from Account #91C744, Off Street Parking Building Rehabilitation, to allow for the payment of current and future obligations related to improvements at the Federal Plaza Garage, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 10-0 (Rushton absent)
G. Recommend that One Million Dollars ($1,000,000.00) be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C744, Sewer Construction, to provide funds for the purpose of payment for contractual obligations related to various citywide sewer improvement projects, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 10-0 (Rushton absent)
H. Recommend that Four Hundred Fifty One
Thousand Three Hundred Dollars ($451,300.00), be transferred when and as
received from Account #91C780, Citywide Capital Equipment, and appropriated to
Account #25C701, Police Department Capital Equipment, to provide funds for the
purpose of funding the purchase of the following pieces of capital equipment,
for the Worcester Police Department:
Radio Replacement $ 45,300.00
Copy Machines $ 18,000.00
Crime Analysis Equipment $ 25,000.00
16 Marked & Unmarked Vehicles $354,000.00
as approved in the Fiscal 2006 Capital Improvement Program. (Attachments) Order adopted on a roll call 10-0 (Rushton absent)
I. Recommend that Seven Hundred Fifty Thousand Dollars ($750,000.00) be transferred from Account #91C741, Street Construction, and appropriated to Account #41C741, Street Construction, to allow for the payment of current and future obligations for various citywide street construction projects, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 10-0 (Rushton absent)
J. Recommend that Two Hundred Twenty Two Thousand Four Hundred Fifteen Dollars and Fifteen Cents ($222,415.15) be transferred from Account #330-08, Reserve for Appropriation Premium on Loans, and appropriated to Account #660-92000, Treasury Department Ordinary Maintenance, to fund the cost associated with fiscal 2005 General Obligation Bond and Refunding Notes. (Attachments) Order adopted on a roll call 10-0 (Rushton absent)
K.
Recommend
that One Hundred Eighty Six Thousand One Hundred Dollars ($186,100.00) be transferred
from Account #900-91000, City Manager’s Contingency, and appropriated to
Account #550-91000, Public Library Personal Services, to establish a reserve
fund within the Worcester Public Library budget representative of the wage
increases consistent with other recently approved collective bargaining
agreements. (Attachments) Order adopted on a roll call 10-0
(Rushton absent)
L. Recommend that Five Hundred Thirty Two Thousand Dollars ($532,000.00) be transferred from Account #91C790, School Building Holding Account to Account #28C718, Forest Grove Middle School construction, to provide funds to pay the general contractor, for approved additional work and to finance additional work needed at the school that was not included in the contractor’s scope. (Attachments) Order adopted on a roll call 10-0 (Rushton absent)
34. MISCELLANEOUS CALENDAR ITEMS:
A. Transmitting informational communication relative to the ribbon cutting ceremony for Phase I of the restoration of the historic Worcester Common. (Attachments) Placed on file
B. Transmitting informational communication
relative to an invitation to a neighborhood meeting hosted by the City of
Worcester to be held on Wednesday, September 28, 2005 at 7:00 p.m. at St.
John’s Episcopal Church, 166 Holden Street. (Attachments) Placed on file
C. Transmitting informational communication relative to the 7th Annual World Smile Day celebration to be held on Friday, October 7, 2005 in honor of Worcester native and famed smiley creator Harvey Ball. (Attachments) Placed on file
D. SUPPLEMENTAL – Transmitting
report on transportation options for residents of Worcester and the region. (Attachments) Referred to Public Service
& Transportation Committee
33a. Request Administration provide a report to the City Council regarding the square footage available for retail space on the 1st floor inside the Union Station Garage. Motion Irish @ #11A CM – Adopted (Attachments)
33b. Request Administration provide a report to the City Council regarding the public space and alignment of Franklin St. being created by construction of the Union Station Garage into the area that is currently Franklin St. Motion Clancy @ #11A CM – Adopted (Attachments)
33c. Request Administration consider that if a vehicle interferes with the street sweeping program multiple times, that the Administration tow the vehicle. Motion Haller @ #12A CM – Adopted (Attachments)
33d. Request City Manager provide a report to City Council pertaining to how many overnight legal parking spaces would be lost when the street sweeping program is implemented. Motion Perotto @ #12A CM – Adopted (Attachments)
33e. Request Administration provide the City Council with a report regarding the back log and cost of street signs that have not been installed in the interest of public safety and quality of life. Motion Murray @ #12A CM – Adopted (Attachments)
33f. Request Administration provide a list to the City Council pertaining to the inspections that have been made and will be made by the Division of Code Enforcement in the South Worcester neighborhood area using the systematic approach based upon Community Development Block Grant requirements. Clancy @ #18A CM – Adopted (Attachments)
33g. Request Administration provide a report to the City Council regarding the cooperative relationship between the City and the P & W Railroad and address the right of ways along the railroad tracks. Haller @ #18A CM – Adopted (Attachments)
33h. Request
Administration provide a report to the City Council that compares the old and
new parking rates at the Pearl Elm Garage and what it would cost to subsidize
those increased costs. Lukes @ #33B CM (Attachments)
Councillor Clancy moved to amend: Further, request that the report include
vacancy rates at the Pearl Elm Garage, daily rates and how many parking spaces
are sold on a monthly basis. Adopted, as amended
33i. Request Administration provide the City Council with a report regarding the nature of the closing of Trahan Ave. Motion Clancy - Suspension of Rules – Adopted (Attachments)
33j. Request
Administration provide the City Council with a report on the accuracy of the
abutter notification system. Further request the Administration consider
including neighborhood centers and CDC's in those notifications. Motion
Haller – Suspension of Rules - Adopted (Attachments)
35. Roberta R. Schaefer, Executive Director, Worcester Regional Research Bureau transmitting City Council Salaries and the Competitiveness of Elections: A Survey. (Attachments) Placed on file
36. David J. Rushford, City Clerk transmitting Zoning Board of Appeals decision dated August 20, 1975 for property located at 15 Ararat St., requested by the Land Use Committee. (Attachments) Referred to Land Use Committee
37. James DelSignore, City Auditor transmitting August 2005 Auditor’s Report. (Attachments) Referred to Municipal Operations Committee
REPORTS
38-41 REFERRED TO LAND USE COMMITTEE
38. REPORT OF THE PLANNING BOARD Upon the Petition of Michael Revelli requesting to extend RG-5 zone to include Parcel A New York St. presently zoned MG-2.0. (Attachments)
39. REPORT OF THE PLANNING BOARD Upon the Petition of Joyce Provencher requesting to extend existing RS-7 zone to include entire 81-83 Lyman St. that is partially zoned MG-2. (Attachments)
40. REPORT OF THE PLANNING BOARD Upon the Petition of William Randell et al requesting to amend the City of Worcester Zoning Map in the area bounded by Dewey St. to the west, a portion of the parcels along the existing BG-3.0/MG-1.0 zone line to the north, the centerline of Mason St. to the east and the parcels on both sides of Mason Court to the south along the rear yard of 101 Dewey St. and the side yard between 99 and 101 Dewey St. (Attachments)
41. REPORT OF THE PLANNING BOARD Upon the Petition of Councillor Joseph M. Petty requesting to amend the Zoning Ordinance of the City of Worcester by amending Table 4.1: Uses permitted by zoning district, single-family, semi-detached dwelling from “SP” (Special Permit) to “N” (No) in RS-7 and RS-10 zones. (Attachments)
COUNCIL VOTED ON A ROLL CALL VOTE OF 9
YEAS AND 1 NAY TO DENY THE PETITION - NO-GOMEZ (RUSHTON ABSENT)
41a. REPORT OF THE COMMITTEE ON
LEGISLATIVE AFFAIRS Upon the Petition of William S. Coleman III
request City Council place before the voters in the November Municipal Election
the following non-binding public opinion advisory question: Do you support the
efforts of the U.S. congress on it's proposal to add a constitutional amendment
banning the desecration of the American Flag?: recommend Petition be placed
on file. (Attachments)
TO BE ORDAINED
42 ORDAINED ON A ROLL CALL 10-0 (RUSHTON ABSENT)
42. Amending Salary Ordinance of August 20, 1996 relative to Members of DPW Clerks Bargaining Unit (Local 170, Teamsters). (Attachments)
43. Order – Request City Council to vote its opposition to any
raises for City Council for the 2006 term. (Lukes) (Tabled January 18, 2005)
(Attachments)
44. DECREE TO MAKE PUBLIC: MIAMI ST. (Tabled April 12, 2005) (Attachments)
45. Communication – Relative to the Abatements and Exemptions for Fiscal 2003 through Fiscal 2005. (Tabled July 19, 2005) (Attachments)
_____________________________________________________________
SCHEDULED MEETINGS OF THE
STANDING COMMITTEES
SEPTEMBER
27, 2005 6:30 P.M. |
LEGISLATIVE
AFFAIRS |
COUNCIL CHAMBER |
OCTOBER
3, 2005 6:00 P.M. |
PUBLIC
SAFETY |
COUNCIL CHAMBER |
OCTOBER
3, 2005 6:00 P.M. |
PUBLIC
WORKS |
DEPARTMENT OF HEALTH & HUMAN SERVICES25
MEADE ST, 1ST FLOOR CONFERENCE ROOM |
OCTOBER
11, 2005 5:30 P.M. |
TRAFFIC
& PARKING |
CITY HALL,ROOM 310 |