CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – NOVEMBER 29, 2005

7:00 P.M.

Convened: 7:04 P.M.

Adjourned: 8:50 P.M.

 

 

1.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

2.       ROLL CALL – All present

 

 

TAX CLASSIFICATION HEARING – 7:00 P.M.

 

3.       To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2006.

 

The Mayor opened the hearing

 

          Speaking in favor of a more favorable business tax rate:

          Richard Kennedy

 

          Speaking in favor of a more favorable residential tax rate:

          Gary Vecchio

 

          Speaking in favor of a rate by which it is not favorable to business or residential:

          Leonard Zalauskas

 

          Motion-Rushton-That the tax rate for Fiscal 2006 be set at $12.53 for Residential property and $25.20 for Commercial, Industrial and Personal property.

 

          Motion-Clancy- That the tax rate for Fiscal 2006 be set at $12.34 for Residential property and $26.04 for Commercial, Industrial and Personal property.

 

          Motion-Gomez- That the tax rate for Fiscal 2006 be set at $12.68 for Residential property and $24.54 for Commercial, Industrial and Personal property.

 

          Motion of Gomez denied on a roll call vote of 4 yeas and 7 nays. (Yes-Gomez, Irish, Rushton, White) (No-Clancy, Haller, Lukes, Palmieri, Perotto, Petty, Murray) (See item 27a)

 

          Motion of Rushton- Order adopted on a roll call vote of 7 yeas and 4 nays. (Yes-Gomez, Irish, Perotto, Petty, Rushton, White, Murray) (No-Clancy, Haller, Lukes, Palmieri) Reconsideration denied on a roll call vote of 11 yeas and 0 nays. (See item 27b)

 

Motion of Clancy-Not Put

 

4.       Communication of the City Manager transmitting informational communication relative to Fiscal Year 2006 Tax Rate Options. (Attachments)  (Tabled November 22, 2005) Placed on file

 

5.       ITEMS OF CITIZEN INTEREST

 

6.       ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

7 – REFERRED TO PARKS DEPARTMENT

 

7.       George A. Boggs, Jr. request removal of a city owned tree in front of 45 Circuit Ave East, which is infested with ants. (Attachments)

 

          8 – REFERRED TO PUBLIC WORKS COMMITTEE

 

8.       Ken Salsman request acceptance for a connection of a low pressure sewer line to the existing City of Worcester sewer main located within Westborough St. The connection is from property located at 130 Westborough St. in the town of Millbury. (Attachments)

 

          9 & 10 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

9.       Sheila Doiron request removal/elimination of the bus stop located near 365 Shrewsbury St. (Attachments)

 

10.     Mayor Timothy P. Murray request “No Parking Anytime” prohibition along the south side of Shrewsbury St. be rescinded so that on-street parking is allowed from a point 66 feet east of Brackett Court to a point 246 feet east of Brackett Court, providing parking for an additional nine vehicles. (Attachments)

 

          11-13 HEARINGS SET FOR DECEMBER 6, 2005 7:00 P.M.

 

11.     MASSACHUSETTS ELECTRIC CO. & VERIZON NEW ENGLAND INC. for joint or identical pole location on MARLBORO ST. (Attachments)

 

12.     NSTAR for gas main location on PORTLAND ST. (Attachments)

 

13.     NSTAR for gas main location on PROGRESSIVE ST. (Attachments)

 

CHAIRMAN’S ORDERS

 

          14 – 17 FROM LAND USE - ADOPTED

 

14.     Request City Manager request the Code Commissioner inspect the property at 15 Ararat St. for reports of illegal dumping. (Attachments)

 

15.     Request City Manager request the Planning Director provide the City Council with clarification of Article IV, section 6- (A)(6) of the proposed Zoning Ordinance. (Attachments)

 

16.     Request City Manager request the Planning Director to provide the City Council with the total number of split lots that exist across the City. (Attachments)

 

17.     Request City Manager request the Code Commissioner provide the City Council with a report detailing the impact to abutters if the MG-1.0 zone change line at 15 Ararat St. is moved to a point 25 feet from the east property line. (Attachments)

 

          18 & 19 FROM PUBLIC WORKS - ADOPTED

 

18.     Request City Manager report to the City Council the usual number of motor vehicles parked overnight on Highland St. between Park Ave. and Lincoln Sq. (Attachments)

 

19.     Request City Manager request the City Solicitor report to the City Council what steps would need to be taken to convert private driveways known as Wigwam Hill Road and Chiltern Hill Drive North that were constructed by developer’s with “Approvals Not Required” provisions to either private or public streets. (Attachments)

 

          20 – 23 FROM TRAFFIC & PARKING - ADOPTED

 

20.     Request City Manager request the Commissioner of the Department of Public Works and Parks to report to the City Council concerning safety issues for motorists and pedestrians in the vicinity of 181 Lake Ave. (Attachments)

 

21.     Request City Manager to request the Police Chief to install traffic surveillance in the vicinity of the intersections of Queen/King St. and Kingsbury St. and in Ludlow St. (Attachments)

 

22.     Request City Manager request the Police Chief to conduct parking enforcement action in the neighborhood of Clarkson St. (Attachments)

 

23.     Request City Manager request the Commissioner of the Department of Public Works and Parks to provide accident statistics for Ludlow St. for the past five years. (Attachments)

 

ORDERS

 

24.     Request City Manager provide the City Council with a detailed report concerning the number and types of arrests that have occurred in the Winfield/Mason/Chandler St. area over the period of the most recent two months. Further request that said report delineate whether or not the arrested individuals reported residing in the neighborhood or elsewhere. (Haller) (Attachments)  Adopted

 

25.     Request City Manager provide the City Council with a report concerning assaults in the City that involved handguns and/or knives over the past five years. Further, request that, if available, that the data be mapped as to approximate location of the assault. (Haller) (Attachments) Adopted

 

26.     Request City Manager provide the City Council with a report concerning comparative crime data for Worcester and other cities in the region, to include comparisons of the numbers of sworn officers and full-time law enforcement employees. (note: this is an updated request that was voted on February 7, 2000 by Councillor Irish and reported back to the City Council on April 4, 2000, item 20B CM) (Haller) (Attachments)  Adopted

 

27.     Request City Manager report to the City Council whether or not current state law allows the City of Worcester to negotiate health insurance premiums based on a sliding scale of income levels, or other criteria, of the participating enrollee. (Petty) (Attachments) Adopted

 

27a.   That the tax rate for Fiscal Year 2006 be set at $12.68 for Residential property and $24.54 for Commercial, Industrial and Personal property.  Motion Gomez @ #3 CC – Motion denied on a roll call vote of 4 yeas and 7 nays. (Yes-Gomez, Irish, Rushton, White) (No-Clancy, Haller, Lukes, Palmieri, Perotto, Petty, Murray) (Attachments)

 

27b.   That the tax rate for Fiscal 2006 be set at $12.53 for Residential property and $25.20 for Commercial, Industrial and Personal property. Motion Rushton @ #3 CC - Adopted on a roll call vote of 7 yeas and 4 nays. (Yes-Gomez, Irish, Perotto, Petty, Rushton, White, Murray) (No-Clancy, Haller, Lukes, Palmieri). Reconsideration denied on a roll call vote of 11 yeas and 0 nays. (Attachments)

 

27c.   Request City Auditor work with the Administration to develop a plan to formulate investment income options to offset the accrued liability for Other Post Employment Benefits (OPEB). Motion Petty @ #29 CC –Adopted (Attachments)

 

27d.    Request Administration report on the total number of claims and dollar amount of said claims with the City for damages incurred during the extreme rain events that culminated in the October 15, 2005 state of emergency. Further, request the report to include how many claims have been settled, rejected, or not yet acted upon. (Haller) – Suspension of Rules – Adopted (Attachments)

 

27e.   Request the City Manager contact non-profit establishments and academic facilities in the Main South area to pursue the feasibility of conducting police training recruit classes at said establishments and/or facilities. (Petty) – Suspension of Rules – Adopted (Attachments)

 

28.     RECESS TO FINANCE AND ORDINANCE – No Items Pending

 

COMMUNICATIONS

 

29.     James A. DelSignore, City Auditor, transmitting a copy of an article that recently appeared in the Wall St. Journal. (Attachments)  Referred to Municipal Operations Committee

 

30.     James A. DelSignore, City Auditor, transmitting October 2005 Auditor’s Report. (Attachments)  Referred to Municipal Operations Committee

 

REPORTS

 

          31 – 36  (EXCEPT 35) VOTED TO ADVERTISE PROPOSED ORDINANCES

 

REPORT OF THE COMMITTEE ON LAND USE Upon Reports of the Planning Board Upon the following Petitions: recommend passage of the accompanying proposed Ordinances.

 

31.     Attorney Stephan Madaus on behalf of Helen Costa and Francis McIntyre request to amend two parcels of land located at 47 Benefit St. and 49-51 Benefit St. from their current zoning designation of partially RG-5 and MG-2.0 to RG-5 entirely. (Attachments)

 

32.     Attorney Stephan Madaus on behalf of GFI Properties, LLC request a zone change from MG-2.0 to RG-5.0 at 92 Grand St. (Attachments)

 

33.     Joyce Provencher request to extend the existing RS-7 zone to include entire 81-83 Lyman St. that is partially zoned MG-2.0 (Attachments)

 

34.     Michael Revelli request to extend the RG-5 zone to include Parcel A New York St. presently zoned MG-2.0. (Attachments)

 

35.     Councillors Barbara G. Haller, Michael C. Perotto, Dennis L. Irish, and Mayor Timothy P. Murray on behalf of Chandler St. Business Association request a Parking District Overlay Zone be installed along both sides of Chandler St. corridor between Main St. and Park Ave. (Attachments)  Land Use Committee recommended denial of Petition.  Council accepted Committee recommendation to deny

 

36.     John Shea on behalf of the Planning Board request to amend the Zoning Map of the City of Worcester from BL-1 to RG-5 by extending the RG-5 zone from its current location on the property of 653 Plantation St. to the existing zone line separating BL-1.0 and BO-2.0 zones. (Attachments)

 

          37 – 42 (EXCEPT 41) ACCEPTED

 

37.     REPORT OF THE COMMITTEE ON LAND USE Upon the Communication of the City Manager relative to the Milton-Byron St. Zoning Map Amendment Petition: recommend Communication be placed on file. (Attachments)

 

REPORT OF THE COMMITTEE ON LAND USE Upon Reports of the Planning Board Upon the following Petitions: recommend Petitioners be given leave to withdraw.

 

38.     Pandian Arumugam request to pull the RG-5 zone line to include the entire parcel located at 58 Suffolk St. which is split between MG-2.0 and RG-5. (Attachments)

 

39.     John Shea on behalf of the Planning Board request to amend the City of Worcester Zoning Ordinance by adding the following standard to Article V, section 5 (2) Standards for review: “Adequacy of plans and protective measures to ensure minimal risk of contamination to surface or ground water.” (Attachments)

 

REPORT OF THE COMMITTEE ON LAND USE Upon Reports of the Planning Board Upon the following Petitions: recommend Petitions be denied.

 

40.     Gail LaGoy et al request a zone change from RG-5 to RL-7 for North St., Milton St. and Byron St. (Attachments)

 

41.     Leo and Joan Bernard request to extend adjacent BL-1.0 zone to include 110 West Mountain St. in its entirety. (Attachments)  Recommitted to Land Use Committee

 

42.     REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Donald J. O’Neil on behalf of Raymond J. Sansoucy request to remove the private portion of Benjamin Rd. from the Official Map. (Attachments)

 

          43 REFERRED TO PUBLIC WORKS COMMITTEE

 

43.     REPORT OF THE PLANNING BOARD Upon the Petition of Mario & Marilyn DiGioia et al request installation of a sewer line on Taconic Rd. (Attachments)

 

          44 – 49 ACCEPTED AND ORDERS ADOPTED

 

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following Petitions requesting “sink hole” repairs: recommend adoption of the accompanying Orders.

 

44.     Councillor Barbara G. Haller on behalf of the Regional Environmental Council request to repair “sink hole” in street on Dayton St. (Attachments)

 

45.     Councillor Barbara G. Haller on behalf of the Regional Environmental Council request to repair “sink hole” in street on West St. (Attachments)

 

46.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councillor Frederick C. Rushton, Mayor Timothy P. Murray, Councillor Joseph M. Petty and Councillor Michael C. Perotto request Cape Cod berm along easterly side of Lovell St. between Maywood St. and Vineyard St. be replaced with granite curbing so as to prevent motorists from driving onto and parking their vehicles in the sidewalk area: recommend adoption of the accompanying Order. (Attachments)

 

47.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jay Stiller request repair of a survey marker in the middle of the entrance of the driveway at 21 Aylesbury Rd. Marker has been lifting over past couple of years and is now a hazard to walking, driving and plowing the driveway: recommend adoption of the accompanying Order. (Attachments)

 

48.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Attorney Robert Longden on behalf of EJR Real Estate Trust, request to modify the existing municipal drainage easement located within the property owned by petitioner at 112 Gold Star Blvd. by abandoning a portion of the easterly side of the easement approximately 10’ in width: recommend adoption of the accompanying Order. (Attachments)

 

49.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Maureen and Vincent Burdulis request to install a surface drain at 32 Buckingham St.: recommend adoption of the accompanying Order. (Attachments)

 

          50 & 51 ACCEPTED

 

50.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councillor Joseph M. Petty on behalf of Mrs. Harold Adamiak request to repair sinking manhole cover in front of 72 Sylvan St.: recommend Petition be placed on file. (Attachments)

 

51.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Hipolito Rivera request to make public Arnold Rd.: recommend Petition be denied. (Attachments)

 

           52 – 57 VOTED TO ADVERTISE PROPOSED ORDINANCES

 

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the following Petitions requesting handicap parking: recommend passage of the accompanying proposed Ordinances.

 

52.     Carol O’Brian request handicap parking space in front of 125 Heywood St. (Attachments)

 

53.     David and Naomi Merchant request handicap parking at 17 Cheever St. (Attachments)

 

54.     Roger Nugent request handicap parking across from 22 Wabash Ave. (Attachments)

 

55.     Susan Cozzolino request handicap parking on Plantation St. beside the property at 17 Caroline St. (Attachments)

 

56.     Arthur and Gertrude Brown request handicap parking in front of 109 Lakewood St. (Attachments)

 

57.     REPORT OF THE COMMITTEE ON TRAFFIC & PARKING Upon the Petition of Paul Cesaitis request resident permit parking on Earle St.: recommend passage of the accompanying proposed two Ordinances. (Attachments)

 

          58 – 60 ACCEPTED AND ORDERS ADOPTED

 

58.     REPORT OF THE COMMITTEE ON TRAFFIC & PARKING Upon the Petition of Peter McKone request directional signs for Bancroft School on Shore Dr., Norton Dr., and South Frontage Rd.: recommend adoption of the accompanying Order. (Attachments)

 

59.     REPORT OF THE COMMITTEE ON TRAFFIC & PARKING Upon the Petition of Mary MacInness, Administrator of Worcester Regional Transit Authority, request to move the bus stop which is now in front of 365 Shrewsbury St. to a location in front of the vacant lot between 365 and 373 Shrewsbury St.: recommend adoption of the accompanying Order. (Attachments)

 

60.     REPORT OF THE COMMITTEE ON TRAFFIC & PARKING Upon the Petition of Daniel Dick et al request Caution Children Playing on Street sign on Iroquois St.: recommend adoption of the accompanying Order. (Attachments)

 

          61 & 62 ACCEPTED

 

61.     REPORT OF THE COMMITTEE ON TRAFFIC & PARKING Upon the Petition of Daniel Morrissey et al request resident permit parking on Earle St.: recommend Petition be placed on file. (Attachments)

 

62.     REPORT OF THE COMMITTEE ON TRAFFIC & PARKING Upon the Petition of Wilfredo Flores request No Parking sign 5 feet from driveway entrance at 11 Clarkson St.: recommend Petition be denied. (Attachments)

 

TO BE ORDAINED

 

          63 – 77 ORDAINED ON A ROLL CALL 11-0

 

63.     Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for Resident Permit Parking on the northerly side of Ararat St. from Ridgewood Rd. westerly up to and including 166 Ararat St. 7:00 a.m. to 7:00 p.m. Monday through Friday. (Attachments)  Ordained as amended - Except Holidays

 

Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for Resident Permit Parking on the southerly side of Ararat St. from Westinghouse Parkway westerly to Indian Hill Rd. 7:00 a.m. to 7:00 p.m. Monday through Friday. (Attachments)  Ordained as amended – Except Holidays

 

Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for Resident Permit Parking on the easterly side of Indian Hill Rd. from Ararat St. to the southerly lot line of 102 Indian Hill Rd. 7:00 a.m. to 7:00 p.m. Monday through Friday. (Attachments)  Ordained as amended – Except Holidays

 

Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for Resident Permit Parking on the westerly side of Indian Hill Rd. from Ararat St. to the southerly lot line of 105 Indian Hill Rd. 7:00 a.m. to 7:00 p.m. Monday through Friday. (Attachments)  Ordained as amended – Except Holidays

 

64.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to prohibit parking on the north side of Mountain St. East from the corner of Century Dr. to a pt. 440’ west of Briar Ln. (Attachments)

 

Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to prohibit parking on the south side of Mountain St. East from Clark St. to a point 800’ west of Briar Ln. (Attachments)

 

65.     Amending the Revised Ordinances of 1996 relative to Sewers and Storm Water Management. (Attachments)

 

66.     Amending Salary Ordinance of August 20, 1996 relative to Executive Management Compensation System. (Attachments)

 

67.     Amending Salary Ordinance of August 20, 1996 relative to Non-Bargaining Employees. (Attachments)

 

68.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 2 Halmstad St. (Attachments)

 

69.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 7 Commonwealth Ave. (Attachments)

 

70.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 87 Plantation St. (Attachments)

 

71.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to prohibit parking on the easterly (even-numbered) side of Hawthorne St. from Main St. to Woodland St. (Attachments)

 

72.     Amending Section 68 of Chapter 13 of the Revised Ordinances of 1996 to make Norwich St. a Two-Way Street. (Attachments)

 

73.     Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to rescind Resident Permit Parking on both sides of Arlington St. (Attachments)

 

74.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking on Arlington St. in front of #57 Arlington St., #62 Arlington St., #70 Arlington St. and on Arlington St. adjacent to #17 Winthrop St. (Attachments)

 

75.     Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 providing for Stop signs on Jasmine Dr. and Rainbow Dr. facing eastbound and westbound traffic on Jasmine Dr. (Attachments)

 

76.     Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 providing for Stop signs on Taj Dr. and Oriental Dr. facing northbound and southbound traffic on Taj Dr. (Attachments)

 

77.     Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 providing for Stop signs on Nizam Dr. and Jasmine Dr. facing northbound and southbound traffic on Nizam Dr. (Attachments)

 

78.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for 30 Minute Parking Meters in front of 100 Front St. and 120 Front St. and to install a Handicap Parking space in front of 120 Front St. (Attachments) Recommitted to Traffic & Parking Committee

 

TABLED ITEM

 

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

 

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

NOVEMBER 28, 2005

    6:00 P.M.

JOINT MUNICIPAL OPERATIONS & HEALTH

 

COUNCIL CHAMBER

NOVEMBER 29, 2005

     6:00 P.M.

 

PUBLIC WORKS

COUNCIL CHAMBER

NOVEMBER 30, 2005

     6:00 P.M.

PUBLIC SERVICE &

TRANSPORTATION

 

COUNCIL CHAMBER

DECEMBER 5, 2005

     6:00 P.M.

PUBLIC SAFETY

COUNCIL CHAMBER

 

 

 

DECEMBER 7, 2005

     6:00 P.M.

PUBLIC SERVICE & TRANSPORTATION

COUNCIL CHAMBER

 

DECEMBER 12, 2005

    6:00 P.M.

 

PUBLIC WORKS

 

COUNCIL CHAMBER

 

 

DECEMBER 14, 2005

    6:00 P.M.

 

PUBLIC SERVICE &

TRANSPORTATION

 

COUNCIL CHAMBER

 

 

DECEMBER 20, 2005

    5:30 P.M.

 

TRAFFIC & PARKING

 

COUNCIL CHAMBER