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

 

PETITIONS

 

          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)

 

ORDERS

 

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

          (Attachments)

 

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)

 

 

16.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR SEPTEMBER 28, 2004

 

APPOINTMENTS

 

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:

 

TRANSMITTAL

 

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)

 

COMMUNICATION

 

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

 

18.     RECESS TO FINANCE AND ORDINANCE:  No Items Pending

 

REPORTS

 

          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)

 

TABLED UNDER PRIVILEGE

         

          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