CITY OF WORCESTER
CITY CLERK DEPARTMENT
JOURNAL OF THE CITY COUNCIL
- MARCH 30, 1999
7:00 P.M.
Convened: 7:15
P.M.
Adjourned: 9:25 P.M.
1. INVOCATION - Rev. Dr. Jeffrey R. Newhall
Greendale People Church
2. PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER
3. ROLL CALL - All present except Councillors Luster, Patton and Petty
4. ITEMS OF CITIZEN INTEREST
4a. ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST
PETITIONS
5 REFERRED TO MILITARY AFFAIRS COMMITTEE
5. Councillor Janice L. Nadeau on behalf of Paul Gunnerson
request City look into providing free installation of a veterans burial plaque
that is provided by the Department of Veterans Affairs.
6-10 REFERRED TO PUBLIC WORKS COMMITTEE
6. Carey Macaruso request City Council to investigate drainage
problem caused by a wall on 28 Marsh Ave.
7. R. Iris Leisha et al request sidewalk repair at 120 Rodney St.
(damaged by snow plow)
8. Charles Barrett et al request private street maintenance on
Wildey Ave.
9. Councillor Paul P. Clancy, Jr. on behalf of John S. Pingeton
request sidewalk repair in front of 45 Harold St.
10. Eleanor J. Schelin et al request private street maintenance on
Dalton St.
10a. Councillor Timothy J. Cooney, Jr. on behalf of Gervais C.
Larochelle et al request private street betterment on Cotuit St. Referred
to Public Works Committee - Suspension of Rules
11 REFERRED TO RULES & REGULATIONS COMMITTEE
11. Ronal C. Madnick, Executive Director, American Civil Liberties
Union of Worcester County to make it a rule of the City Council that the maker
of a petition shall be given up to five minutes to address the Council when the
petition is first introduced. If more
than one person signed the petition the first person listed will be the
speaker.
12 & 13 REFERRED TO TRAFFIC & PARKING COMMITTEE
12. Paula E. Anderson et al request to make entire length of Suburban
Rd. resident permit parking only.
Request to make the northwest end of Suburban Rd. a no right turn zone
from 6:30 - 9:30 a.m., Monday through Friday.
13. Councillor Paul P. Clancy, Jr. on behalf of Veronica Martell
request "Caution Children" sign in the vicinity of 62 Arlington St.
14 REFERRED TO TRAFFIC ENGINEER
14. Paula E. Anderson et al request installation of a Stop sign at
the end of the Highland House driveway/parking lot where it merges with
Suburban Rd.
15. Ronal C. Madnick, Executive Director, American Civil Liberties
Union of Worcester County to direct the Worcester Police Department to stop
listing on the Worcester Police Department's Home Page, the photographs, names
and addresses of individuals arrested for soliciting or engaging in "sex
for a fee" who have not been convicted. Council suspended rules to allow Petitioner to speak. Petition referred to Public Safety Committee
15a. George Valeri et al request to change the winter parking ban to
allow parking on both sides of all streets with the exception of the prediction
of 3” of snow at which point the parking ban would be invoked. Referred
to Administration for a report - Suspension of Rules
16. COMMUNICATIONS OF THE CITY MANAGER
1. NON-CITY
COUNCIL CONFIRMATION:
A. Notification
of Constable Appointment. Gerald LaRose
Placed on file
2. CITY
COUNCIL CONFIRMATION:
A. Notification of the appointment of Paul D. Wasgatt, Mark H. Middlen, Esq., Donna Conroy-LaBoeuf, Scott Najarian, Chrysanthi Charalambides, Frederick P. Wassel, and the reappointment of Albert A. Gammal Jr. Ellen E. Vallon, Michael J. Grandone, Helen M. Whall, Steven M. Genduso to the Citizens Advisory Council.
Appointments &
Reappointments confirmed on a roll call
TRANSMITTALS
3. AIRPORT:
A. Communication relative to informational meeting to discuss proposed
operational agreement between Massport and Worcester Regional Airport.
Referred to Public Service
& Transportation Committee
4. ASSESSORS:
5. BUDGET
OFFICE:
6. CIVIC
CENTER:
7. COMMUNICATIONS:
8. DEVELOPMENT:
A. Communication
relative to the press announcement by the Massachusetts College of Pharmacy and
Health Sciences.
Referred to Commerce &
Development Committee
B. Communication
relative to Medical Planning and Strategy Council.
Referred to Commerce &
Development Committee
C. SUPPLEMENTAL - Communication
relative to the City of Worcester
being considered by BASF for the creation of a $41 million facility.
Referred to Commerce &
Development Committee
9. ELDER
AFFAIRS:
10. ELECTION COMMISSION:
11. EMERGENCY MANAGEMENT SERVICES:
12. EMPLOYMENT & TRAINING:
13. FIRE:
A. Communication
relative to a fire drill to be conducted at City Hall on Monday, March 29,
l999.
Placed on file
14. HUMAN RESOURCES:
15. INFORMATION SERVICES:
16. LAW:
A. Communication
relative to Greater Media Cable - Assignment of Cable Franchise.
Placed on file
B. Communication
relative to Publication of Names for Illegal Dumping and Prostitution.
Referred to Public Safety
Committee
C. Communication
relative to Surplus Property (Boys Club).
Referred to Commerce &
Development Committee
D. Communication
relative to Shwachman Property.
Referred to Commerce &
Development Committee
E. Communication relative to the proposed transfer of city's cable television franchise from Greater Media to Charter Communications.
Placed on file
F. Communication
relative to Citizen Complaint - Source Shoppers' Guide.
Placed on file - Copy sent
to Mr. Schmid
17. LICENSE COMMISSION:
A. Communication
relative to the suspension of the License at Walshy's on Main Street.
Placed on file
18. PARKS, RECREATION & CEMETERY:
A. Request City Council adoption of a resolution to file and
accept a Grant from the Massachusetts Department of Education for the Summer
Food Service Program.
Resolution adopted
B. Request City Council accept with gratitude a donation of Labor, Materials, and Equipment from the Worcester Business Development Corporation to perform modifications to the Burncoat Park Pond Outlet Structure, to benefit the Parks, Recreation, and Cemetery Department's Burncoat Park Pond and the City's Coal Mine Brook Watershed.
Resolution adopted with
gratitude
19. PLANNING & COMMUNITY DEVELOPMENT:
A. Communication
relative to March Meeting of the Route 146 CAC.
Referred to Commerce &
Development Committee
B. Communication
relative to Historic District Designations.
Placed on file
C. Communication
relative to City Clerk's Web Page.
Placed on file
D. Communication
relative to Various Maps - on the City's web site.
Placed on file
E. Request
adoption of a resolution authorizing the City of Worcester to accept a Memorial
Foundation for the Blind, Inc. Grant.
Resolution adopted
F. Communication
relative to Historic Resources Inventory Project Update.
Referred to Land Use
Committee
G. Communication
relative to Underground Storage Tanks.
Referred to Public Works
Committee
H. Communication
relative to Block Grant Monies to Pilot the Use of Assessment Centers.
Placed on file
I. Communication
relative to Local Law Enforcement Block Grant Round III.
Referred to Public Safety
Committee and Community Development Committee
20. POLICE:
A. Communication
relative to Efficiencies in Combining/DPW-Fire-Police, auto mechanic services.
Recommitted to the City
Manager
21. PUBLIC HEALTH & CODE ENFORCEMENT:
A. Communication
relative to Sidewalks at Norrback School.
Placed on file
22. PUBLIC LIBRARY:
23. PUBLIC SCHOOLS:
24. PUBLIC WORKS:
A. Communication
relative to the reappointment of Robert L. Moylan, Jr., as Commissioner of
Public Works.
Placed on file
B. Communication
relative to Public Safety Situation at Mount Hope Terrace.
Placed on file
C. Communication
relative to 76 East Worcester Street Property.
Referred to Public Works
Committee
D. Communication
relative to Countdown Pedestrian Signals.
Placed on file
E. Communication
relative to Two-Way Traffic on Grafton Street.
Referred to Traffic &
Parking Committee
F. Communication
relative to Third and Fourth Streets/Construction Vehicles.
Placed on file
G. Communication
relative to Problems Encountered on Foxmeadow Drive.
Referred to Public Works
Committee
H. Communication
relative to Asphalt Alternatives and Landscaping Parking Lots.
Referred to Public Works
Committee
I. Communication
relative to Water Pipe Problems/59-60 Crowningshield Road.
Placed on file
J. Communication
relative to Jolma Road.
Placed on file
K. Communication
relative to Street Opening Permits.
Placed on file
L. Communication
relative to Streetscape Plan for I-290.
Referred to Public Works
Committee
M. Communication
relative to Timeframe/State Work - Madison & Southbridge Streets.
Placed on file
N. Communication
relative to Yard Waste and Leaf Program Opening.
Referred to Public Works
Committee
O. Communication
relative to the Winter Parking Ban.
Recommitted to the City
Manager for a report in 30 days
P. Communication
relative to Millbrook Conduit Extension Project.
Referred to Public Works
Committee
Q. Communication
relative to FY99 & FY00 Street Resurfacing Program.
Referred to Public Works
Committee
25. PURCHASING:
26. TREASURY:
27. VETERANS' SERVICES:
28. FINANCE:
A Recommend that Three Hundred Thousand Dollars ($300,000.00) be transferred from Account #91C713, Water Mains, and appropriated to Account #45C720, Water Mains.
Order adopted on a roll call
B. Recommend that Fifty Five Thousand One Hundred Forty Three Dollars ($55,143.00) be transferred, when and as received, from Account #91C780, Capital Equipment, and appropriated to Account #72C701, Parks Department Capital Equipment.
Order adopted on a roll call
C. Recommend that Five Thousand Sixty Four Dollars Ninety Five Cents ($5,064.95) be transferred, when and as received, from Account #91C780, Capital Equipment, and appropriated to Account #12C701, Law Department Capital Equipment.
Order adopted on a roll call
D. Recommend that Three Hundred Sixty Five Thousand Dollars ($365,000.00) be transferred from Account #91C790, School Construction, and appropriated to Account #33C717, Vocational School Construction.
Order adopted on a roll call
29. ORDINANCES/ORDERS:
30. MISCELLANEOUS:
A. Communication
relative to the North Main Street Charrette.
Referred to Commerce &
Development Committee
B. Communication
relative to the last Public Debate on Strong Mayor versus Plan E form of
government.
Referred to the Ad Hoc
Charter Committee on a roll call vote of 6 Yeas and 2 Nays (Lukes, Nadeau)
C. Communication
relative to Worcester's All America City Submission.
Placed on file
ORDERS
15b. Request City Manager to keep abutters to the Worcester Regional
Airport informed of developments relative to the agreement with MassPort to
take over operations at the Airport. Motion-Finnegan @ #3A CM - Adopted
15c. Request City Manager report on the Marketing Director
position. Motion-Clancy @ #8A CM - Adopted
15d. That as part of any agreement with BASF that there be a minimum
number of jobs guaranteed to Worcester residents. Motion-Mariano @ #8C CM -
Adopted
15e. Request City Solicitor obtain, if possible, the WBZ legal reporter’s
report on publications being thrown onto private property. Motion-Cooney
@ #16F CM - Adopted
15f. Request City Solicitor report if there are any requirements that
could be made where the Shopper Guide could be placed in a certain area on a
property rather than thrown anywhere on the property. Motion-Clancy @ #16F CM -
Adopted
15g. Request City Manager provide City Council with a complete update
of what is on the City’s web site so that hard copies may be printed.
Motion-Mariano @ #19D CM - Adopted
15h. Request City Manager report as to the amount of revenue generated
by ticketing for violation f the winter parking ban when there is no snow. Motion-Cooney
@ #24O CM - Adopted
15I. Request Administration to consider ending all winter parking bans
on April 1. Motion-Clancy @ #24O CM - Adopted
15j. Request Administration provide City Council with City’s policy on
installation of burial plaques that are provided by the Department of Veterans
Affairs. Motion-Nadeau @ #5CC - Adopted
15k. Request City Solicitor report as to how posting of photographs, names
and addresses of individuals arrested for soliciting or engaging in
prostitution impacts on the CORI legislation and public access to
convictions. Motion-Lukes @ #15CC - Adopted
15l. Request City Solicitor report if the City can post on it’s web
site photographs, names and addresses of those convicted of soliciting or
engaging in prostitution. Motion-Murray @ #15CC - Adopted
15m. Request City Manager to provide a report indicating precisely, as
to the number of people arrested, how long it takes to come to some type of
adjudication by the Court and what, typically the findings are. Motion-Mariano
@ #15CC - Adopted
15n. That Ronal Madnick submit his written testimony of March 30, 1999 to the City Manager for his
review. Further, that the City Manager
possibly set up a meeting with Mr. Madnick and the City Solicitor in order to
recommend a clear direction to the City Council relative to posting of
photographs, names and addresses of individuals arrested for soliciting or
engaging in prostitution. Motion-Cooney @ #15CC - Adopted
15o. Request City Solicitor report if the City can trace those people
who are on the City’s web site for soliciting or engaging in prostitution to
those who advertise for prostitution the Internet. Motion-Lukes @ #15CC -
Adopted
15p. That the City Council meeting of April 20, 1999 be and is hereby
canceled. Motion-Mariano at the end of the meeting - Adopted
15q. Request City Manager to schedule an Executive Session for the
purpose of discussing the Public Health Nurses matter. Murray
- Suspension of Rules - Adopted
15r. Request City Manager to contact the Parks Commissioner relative
to opening the golf course on April 1.
Further, request report as to whether any of the golf cart path work has
been done at Green Hill Golf Course. Cooney
- Suspension of Rules - Adopted
15s. Request Administration report if the City has any equipment that
could be loaned to the Joe DiMaggio Little League on a temporary basis. Cooney
- Suspension of Rules - Adopted
15t. Request City Manager have Traffic Engineering study the banning
of parking of vehicles on Chandler St. along Beaver Brook parking lot, across
from Foley Stadium with consideration of additional signage prohibiting parking
along that section of Chandler St. Finnegan - Suspension of Rules - Adopted
RESOLUTION
17. Requesting development of a "Twin Cities" program
between Worcester, Mass. and Worcester, England. (Mariano)
Resolution adopted on a roll
call. Reconsideration denied on a voice
vote
18. RECESS TO FINANCE AND ORDINANCE:
a) #39CC
May 12, 1998
Order - Request Administration report on the policy of the Worcester Convention Center/Centrum Centre in seeking out, catering and servicing small group events and what impact this type of competition has had amongst the local restaurants and hotels. (Lukes)
b) #6CC
October 20, 1998
Communication of James DelSignore, City Auditor
transmitting communication relative to tax levy impact regarding funding of a
staff person to the Mayor's Office from the School Department budget if the
salary for the position does not qualify under the school reform financing
formula and explaining the significance of the School Department's October
report to the Department of Education with respect to current year's Net School
Spending requirements.
c) #4CC
December 15, 1998
Communication of the City Manager transmitting communication relative to the current five-year fiscal projection for the fiscal years 1999 through 2003.
d) #5CC
December 15, 1998
Order - Request City Manager to construct the Fiscal Year
2000 budget that only anticipates new growth and does not include an increase of 2 1/2% allowed under Proposition
2 1/2. (Petty, Patton, Mariano,
Finnegan, Murray, Cooney, Lukes, Perotto)
e) #6CC
December 15, 1998
Order - Request City Manager to consider proposing a hiring
freeze of City employees except for public safety employees. (Petty)
f) #4B CM
December 15, 1998
Communication of the City Manager transmitting
communication relative to calculations, 10 Year Period to a Single Tax Rate.
g) #5A CM
December 15, 1998
Communication of the City Manager transmitting
communication relative to Fiscal 2000 Projections.
h) #5B CM
December 15, 1998
Communication of the City Manager transmitting reports from
Janice Borg Silverman, Director, Human Resources and John Pranckevicius, Budget
Director.
i) #33g CC
December 15, 1998
Motion - That all budget sessions be held as a Finance
Committee rather than referral of department budgets to Committees. (Lukes)
j) #33h CC
December 15, 1998
Motion - That the City Council develop a schedule of
Finance meetings at least once a month, starting in January. (Lukes)
k) #32CC
February 2, 1999
Order - Request City Auditor and City Solicitor to draft
legislation to request that the State allocate $100 million to cities and towns
for property tax relief. (Cooney,
Patton, Finnegan)
l) #5A CM
February 9, 1999
Communication of the City Manager transmitting
communication relative to Motions made by Councillors from the December 15,
1998 Council Finance Committee meeting.
m) #5B CM
February 9, 1999
Communication of the City Manager transmitting
communication relative to the Fiscal 2000 Budget.
n) #5A CM
February 23, 1999
Communication of the City Manager transmitting communication relative to Municipal Research Bureau Presentation.
o) 4C CM
March 16, 1999
Communication of the City Manager transmitting communication relative to Proposition 2 1/2 ceiling.
REPORT
18a ACCEPTED AND ORDER ADOPTED - Suspension of Rules
18a. REPORT OF THE COMMITTEE ON LEGISLATIVE AFFAIRS Upon the Petition
of Councillor Paul P. Clancy, Jr. on behalf of Sandra Katz, Greater Worcester
Board of Realtors Board of Directors and Worcester Property Owners Association
Board of Directors requesting support of HR Bill 541 which clarifies the law
regarding mandatory rent escrowing: recommend adoption of the accompanying
Order that the City Council of the City of Worcester hereby supports HR Bill
541.
TO BE ORDAINED
19 ORDAINED ON A ROLL CALL
19. Amending Section 71 of Chapter 13 of the Revised Ordinances of 1996 to turn left from both left turn lanes for northbound traffic on the Service Rd. into Industrial Area Dr.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn left from the left turn lane for eastbound traffic on Access
Rd. into Millbury St.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn left from the left turn lane for southbound traffic on Millbury
St. into Ballard St.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn left from the left turn lane for northbound traffic on Millbury
St. into Access Rd.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn left from the left turn lane for westbound traffic on Ballard
St. into Millbury St.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn left from the left turn lane for westbound traffic on Service
Rd. into Millbury St.
Amending Section 71 of
Chapter 13 of the Revised Ordinances of 1996 to turn left from the left turn
lane for northbound traffic on Millbury St. into Rt. 146 southbound on ramp.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn right from the right turn lane for southbound traffic on
Providence St. into Ballard St.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn right from the right turn lane for northbound traffic on
Ballard St. into Providence St.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn right from the right turn lane for westbound traffic on Ballard
St. into Millbury St.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn right from both right turn lanes for southbound traffic on
Ballard St. into relocated Rt. 146 temporary southbound on ramp.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn right from the right lane for eastbound traffic on Access Rd.
into Millbury St.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn right from the right lane for westbound traffic on Service Rd.
into Millbury St.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn right from the right lane for northbound traffic on Millbury
St. into Service Rd.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn right from the right lane for southbound traffic on Millbury
St. into Ballard St.
Amending Section 70 of Chapter 13 of the Revised Ordinances
of 1996 to prohibit left turns for northbound traffic on Ballard St. into
relocated Rt. 146 northbound temporary off ramp.
Amending Section 70 of Chapter 13 of the Revised Ordinances
of 1996 to prohibit left turns for northbound traffic on Millbury St. into
relocated Rt. 146 northbound off ramp.
Amending Section 31 of Chapter 13 of the Revised Ordinances
of 1996 providing for Yield sign on Ballard St. to face northbound traffic at
Providence St. to the right of triangular island.
Amending Section 29 of Chapter 13 of the Revised Ordinances
of 1996 providing for Stop sign on Lochwan Ave. at Ballard St. to face
westbound traffic.
Amending Section 29 of Chapter 13 of the Revised Ordinances
of 1996 providing for Stop sign on Weldon Ave. at Ballard St. to face westbound
traffic.
Amending Section 29 of Chapter 13 of the Revised Ordinances
of 1996 providing for Stop sign on Industrial Area Dr. at Service Rd. to face
eastbound traffic.
Amending Section 29 of Chapter 13 of the Revised Ordinances
of 1996 providing for Stop sign on Access Rd. at Millbury St. to face eastbound
traffic.
Amending Section 29 of Chapter 13 of the Revised Ordinances
of 1996 providing for Stop sign on St. Anthony St. to face westbound traffic at
Millbury St.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn left from the left turn lane for northbound traffic on Ballard
St. into temporary on ramp for relocated Rt. 146.
Amending Section 29 of Chapter 13 of the Revised Ordinances
of 1996 providing for Stop sign on Winnepeg St. at Millbury St. to face
westbound traffic.
Amending Section 29 of Chapter 13 of the Revised Ordinances
of 1996 providing for Stop sign on Un-Named St. at Access Rd. to face
northbound traffic.
Amending Section 71 of
Chapter 13 of the Revised Ordinances of 1996 to turn left from both left turn
lanes for southbound traffic on Providence St. into Ballard St.
Amending Section 71 of Chapter 13 of the Revised Ordinances
of 1996 to turn left from the left turn lane for southbound traffic on Ballard
St. into Providence St.
TABLED ITEMS - No Action Taken
20. Communication of the City Manager recommending that Twelve Thousand Six Hundred Eighty Eight Dollars and Fifty Cents ($12,688.50) be transferred from Account 331-46, Belmont Home Retained Earnings and appropriated to Account 045S505, Belmont Home Advertising, to provide funds for the purpose of payment for advertising costs for proposed sale of the Belmont Home.
21. Communication of the City Manager transmitting communication
relative to an RFP for the sale of the Belmont Home.
22. Chairman's Order from Youth, Parks & Recreation Committee -
Request Administration to consider using the current site of the Vocational
School, on the side of the Boys Club, as park land after discontinuance of use
as a Vocational School.
23. Chairman's Order from Youth, Parks & Recreation Committee -
Request Administration to consider eliminating the softball field on the
Belmont St. side of the Vocational School site plan.
24. Chairman's Order from Youth, Parks & Recreation Committee -
Request Administration to reconsider keeping educationally sound, the size of
the parking area for the new Vocational School.
25. REPORT OF THE PLANNING BOARD Upon the Petition of Jonathan
Finkelstein, Esquire on behalf of Smallwood Village Associates, Inc. requesting
City of Worcester make Travis St.
public.
26. Order - Request City Council go on record in support of a Charter
Commission regarding the issue of Charter reform. (Lukes, Nadeau, Cooney)
27. Order - To consider a pay raise for the
City Manager. (Mariano)