CITY OF WORCESTER

CITY CLERK DEPARTMENT

CALENDAR OF THE CITY COUNCIL – NOVEMBER 16, 1999

7:00 P.M.

Convened:  7:07 P.M.

Recessed:  11:25 P.M. to meet

in Executive Session November 23, 1999 at 6:00 P.M.

 

1.       INVOCATION – Rev. George Abosamra

Wesley United Methodist Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.                 ROLL CALL – All present except for Councillor Cooney who arrived at 7:13 P.M.

 

HEARINGS AND ORDERS – 7:00 P.M.

 

Hearings held

 

4.       NEW ENGLAND TELEPHONE & TELEGRAPH COMPANY for a conduit location on: PROVIDENCE ST. AND WINTHROP ST.

 

5.       COMMONWEALTH GAS COMPANY for a gas main extension on: ORIENT ST.

 

          4a & 5a ORDERS ADOPTED

 

4a.     Granting permission to NEW ENGLAND TELEPHONE & TELEGRAPH COMPANY for a conduit location on: PROVIDENCE ST. AND WINTHROP ST.

 

5a.     Granting permission to COMMONWEALTH GAS COMPANY for a gas main extension on: ORIENT ST.

 

 

TAX CLASSIFICATION HEARING – 7:00 P.M.

 

6.       To determine tax rates for residential, commercial, industrial and personal properties for Fiscal 2000.

 

6a.     Request Administration to calculate the actual difference in the actual monetary cost, increase and decrease on the average single family and average commercial property from last year to this year.  Motion-Lukes – Adopted

 

6b.     Motion – Finnegan – That the residential tax rate be set at $18.47 and the commercial tax rate be set at $36.35 and a CIP of 1.5453.

 

          1st Vote –    Denied on a roll call vote of 3 Yeas and 8 Nays

Yea – Cooney, Finnegan, Mariano

Nay – Clancy, Lukes, Luster, Murray, Nadeau, Patton, Perotto, Petty

 

          2nd Vote –   Denied on a roll call vote of 4 Yeas and 7 Nays

Yea – Cooney, Finnegan, Luster, Mariano

Nay -  Clancy, Lukes, Murray, Nadeau, Patton, Perotto, Petty

 

          3rd Vote –   Denied on a roll call vote of 5 Yeas and 6 Nays

Yea – Cooney, Finnegan, Luster, Petty, Mariano

Nay – Clancy, Lukes, Murray, Nadeau, Patton, Perotto

 

          4th Vote –   Adopted on a roll call vote of 6 Yeas and 5 Nays

Yea – Cooney, Finnegan, Luster, Murray, Petty, Mariano

Nay -  Clancy, Lukes, Nadeau, Patton, Perotto

 

          Reconsideration denied on a roll call vote of 4 Yeas and 7 Nays

Yea – Clancy, Lukes, Nadeau, Perotto

Nay -  Cooney, Finnegan, Luster, Murray, Patton, Petty, Mariano

 

6c.     Motion – Murray – That the residential tax rate be set at $18.71 and the commercial tax rate be set at $35.74 and a CIP of 1.5199.

 

          1st Vote –    Denied on a roll call vote of 4 Yeas and 7 Nays

Yea – Murray, Patton, Petty, Mariano

Nay – Clancy, Cooney, Finnegan, Lukes, Luster, Nadeau, Perotto

 

          2nd Vote –   Denied on a roll call vote of 4 Yeas and 7 Nays

Yea – Finnegan, Luster, Murray, Patton

Nay – Clancy, Cooney, Lukes, Nadeau, Perotto, Petty, Mariano

 

6d.     Motion – Murray – That the residential tax rate be set at $18.64 and the commercial tax rate be set at $35.92 and a CIP of 1.5275.

 

                             Denied on a roll call vote of 4 Yeas and 7 Nays

Yea – Luster, Murray, Patton, Petty

Nay – Clancy, Cooney, Finnegan, Lukes, Nadeau, Perotto, Mariano

 

6e.     Motion – Lukes – That the residential tax rate be set at $18.08 and the commercial tax rate be set at $37.34 and a CIP of 1.5885.

 

          1st Vote –    Denied on a roll call vote of 1 Yea and 10 Nays

Yea – Lukes

Nay – Clancy, Cooney, Finnegan, Luster, Murray, Nadeau, Patton, Perotto, Petty, Mariano

 

          2nd Vote –   Denied on a roll call vote of 1 Yea and 10 Nays

Yea – Lukes

Nay – Clancy, Cooney, Finnegan, Luster, Murray, Nadeau, Patton, Perotto, Petty, Mariano

 

          3rd Vote –   Denied on a roll call vote of 1 Yea and 10 Nays

Yea – Lukes

Nay – Clancy, Cooney, Finnegan, Luster, Murray, Nadeau, Patton, Perotto, Petty, Mariano

 

6f.     Motion – Clancy – That the residential tax rate be set at $17.74 and the commercial tax rate be set at $38.21 and a CIP of 1.62505.

 

          1st Vote –    Denied on a roll call vote of 4 Yeas and 7 Nays

Yea – Clancy, Lukes, Nadeau, Perotto

Nay – Cooney, Finnegan, Luster, Murray, Patton, Petty, Mariano

 

          2nd Vote –   Denied on a roll call vote of 4 Yeas and 7 Nays

Yea – Clancy, Lukes, Nadeau, Perotto

Nay – Cooney, Finnegan, Luster, Murray, Patton, Petty, Mariano

 

          3rd Vote –   Denied on a roll call vote of 4 Yeas and 7 Nays

Yea – Clancy, Lukes, Nadeau, Perotto

Nay – Cooney, Finnegan, Luster, Murray, Patton, Petty, Mariano

 

6g.     Motion – Luster – That the residential tax rate be set at $18.87 and the commercial tax rate be set at $35.33 and a CIP of 1.5021.

 

          1st Vote –    Denied on a roll call vote of 1 Yea and 10 Nays

Yea – Luster

Nay – Clancy, Cooney, Finnegan, Lukes, Murray, Nadeau, Patton, Perotto, Petty, Mariano

 

          Withdrawn

 

6h.     Motion – Patton – That the residential tax rate be set at $18.76 and the commercial tax rate be set at $35.62 and a CIP of 1.5148.

 

          1st Vote –    Denied on a roll call vote of 1 Yea and 10 Nays

Yea – Patton

Nay – Clancy, Cooney, Finnegan, Lukes, Luster, Murray, Nadeau, Perotto, Petty, Mariano

 

          Withdrawn

 

6i.      Motion-Mariano – That the residential tax rate be set at $18.26 and the commercial tax rate be set at $36.89.

 

          1st Vote –    Denied on a roll call vote of 1 Yea and 10 Nays

Yea – Mariano

Nay – Clancy, Cooney, Finnegan, Lukes, Luster, Murray, Nadeau, Patton, Perotto, Petty

 

          2nd Vote –   Denied on a roll call vote of 1 Yea and 10 Nays

Yea – Mariano

Nay – Clancy, Cooney, Finnegan, Lukes, Luster, Murray, Nadeau, Patton, Perotto, Petty

 

          3rd Vote –   Denied on a roll call vote of 2 Yeas and 9 Nays

Yea – Cooney, Mariano

Nay – Clancy, Finnegan, Lukes, Luster, Murray, Nadeau, Patton, Perotto, Petty

 

6j.     Motion- Cooney – That the residential tax rate be set at $18.57 and the commercial tax rate be set at $36.10 and a CIP of 1.5351.

 

          1st Vote –    Denied on a roll call vote of 5 Yeas and 6 Nays

Yea – Cooney, Finnegan, Luster, Murray, Petty

Nay – Clancy, Lukes, Nadeau, Patton, Perotto, Mariano

 

          2nd Vote –   Denied on a roll call vote of 5 Yeas and 6 Nays

Yea – Cooney, Luster, Patton, Petty, Mariano

Nay – Clancy, Finnegan, Lukes, Murray, Nadeau, Perotto

 

FIRST ITEMS OF BUSINESS

 

7.       Communication of the City Manager transmitting communication relative to Tax Rate Information.

 

Placed on file

 

8.       Communication of the City Manager transmitting communication relative to recommendation for the use of lottery proceeds, free cash and other available funds necessary to establish the amount of Real Estate to be raised in FY 2000.

 

Placed on file

 

9.       Communication of the City Manager recommending that One Million One Hundred Thousand Dollars ($1,100,000.00) be raised and appropriated into Account #162-92000, Non Contributory Pensions Ordinary Maintenance.  Funds for this recommendation will derive from using Nine Hundred Thousand Dollars ($900,000.00) in excess lottery proceeds, and Two Hundred Thousand Dollars ($200,000.00) in free case – once certified.  This appropriation will allow for a one-time payment to City of Worcester pensioners who have been retired since July 1, 1994.  Payments to these pensioners will be calculated by applying four percent to the first Twenty Thousand Dollars ($20,000.00) in retirement benefits received for a maximum payment of Eight Hundred Dollars ($800.00).

 

Order adopted on a roll call 10-1 (Luster)

Councillor Luster requested reconsideration

On a voice vote Council voted to reconsider

Order adopted on a roll call 11-0

 

10.     Communication of the City Manager – Recommendation #1 in Item 5A which reduces the amount of real estate taxes used to finance the City of Worcester’s fiscal 2000 operating budget will become effective once the City Council votes to establish the fiscal 2000 tax rate. 

 

Placed on file

 

11.     Communication of the City Manager recommending that Fifty Thousand Dollars ($50,000.00) be raised and appropriated into Account #260-91000, Fire Department Personal Services.  Funding for this increase will derive from excess lottery proceeds.  Also, recommend that Two Hundred Fifty Thousand Dollars ($250,000.00) be transferred from Account #900-92000, City Manager’s Contingency and transferred into the accounts so listed:

         

Account                                                                             Amount

          260-91000    Fire Department Personal Services                $190,000.00

          260-92000    Fire Department Ordinary maintenance             24,000.00

          663-96000    Health Insurance                                             36.000.00

$250,000.00

 

          This appropriation will fund the cost of a seventeen (17) member firefighter recruit class to begin around March 1, 2000.

 

Order adopted on a roll call 11-0

 

12.     Communication of the City Manager recommending One Hundred Forty Five Thousand Dollars ($145,000.00) be raised and appropriated into Account #900-92000, City Manager’s Contingency Account to pay for the retroactive portion of a contract settlement between the Public Health Nurses and the City of Worcester.  Funding for this will come from free cash – once certified.

 

Order adopted on a roll call 11-0

 

13.     Communication of the City Manager recommending that Two Hundred Eighty Two Thousand Dollars ($282,000.00) be raised and appropriated into Account #410-93000, Department of Public Works Capital to provide initial funding to complete the conversion of the “two-way” Pleasant St. project in house.  Funding for this will come from free cash – when certified.

 

Order adopted on a roll call 11-0

 

14.     Communication of the City Manager recommending that Forty Five Thousand Six Hundred Twenty Four Dollars ($45,624.00) be raised and appropriated to Account #670-92000, Assessing Department Ordinary Maintenance to provide funds to retain real estate expertise for the Appellate Tax Board case regarding the Norton property.  Funds for this appropriation will be derived from excess lottery aid proceeds.

 

Order adopted on a roll call 11-0

 

15.     Communication of the City Manager recommending that Seventy Three Thousand Dollars ($73,000.00) be raised and appropriated to Account #270-92000, Communications Department Ordinary Maintenance to provide funds for the hardware and software installation and project support for the upgrading of the City’s 800 MHz  communication system and to make this system Y2K compliant.  Funding for this appropriation will come from free cash – when certified.

 

Order adopted on a roll call 11-0

 

16.     Communication of the City Manager recommending that One Hundred Fifty Thousand Dollars ($150,000.00) be raised and appropriated into Account #040-92000, City Manager’s Ordinary Maintenance Account to provide funds to pay for the 50% share of the purchase of open space land at Crow Hill made by the Greater Worcester Land Trust.  Funds for this will come from free cash – when certified and will be replenished with the receipt of proceeds from the sale of surplus land owned by the City in Shrewsbury.

 

Order adopted on a roll call 11-0

 

17.     ITEMS OF CITIZENS INTEREST

 

17a.   ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          18 REFERREDTO PARKS DEPARTMENT

 

18.     Councillor Janice L. Nadeau on behalf of Marlene Patient request to have dead tree limbs cut from two trees at 21 Richards St.

 

18a.   Councillor Paul P. Clancy, Jr., Mayor Raymond V. Mariano and State Representative John Fresolo request to name the new Challenger Field at Vernon Hill Park in honor of Vite Pigaga, former State Senator.  Referred to Parks Commission – Suspension of Rules

 

          19 REFERRED TO PLANNING BOARD

 

19.     Attorney Lawrence A. Brodeur on behalf of Reed & Prince Manufacturing Corp. and Horizon’s Development Associates, Inc. request an alteration and relocation of Waller Ave. to create an access drive for the proposed supermarket and a private parking area for 3 residential properties on Waller Ave.  All work to be completed in accordance with a Definitive Site Plan Approval by the Planning Bd.

 

          20-25 REFERRED TO PUBLIC WORKS COMMITTEE

 

20.     Janice Miller et al request private street maintenance on Scandanavia Ave.

 

21.     Sue Lenkarski request sidewalk repair at 39-41 Irving St.

 

22.     Sue Lenkarski request sidewalk repair at 7 Sycamore St.

 

23.     Frank Harrington, Facilities Manager, Trial Court, Commonwealth of Mass., Court Facilities Bureau request sidewalk repair on Main St. and Highland St. along the Courthouse building and property.

 

24.     Nickolas Moudios request sidewalk bordering building at 38-42 Chandler St. be repaired.

 

25.     Councillor Janice L. Nadeau on behalf of Marlene Patient request to have sidewalk repair at 21 Richards St.  Further, to repair hole in sidewalk at same address as soon as possible.

 

26-28 REFERRED TO TRAFFIC AND PARKING COMMITTEE

 

26.     Manuel Chavez request Bus Stop in front of 67 May St. be removed or move it to the left or right of 67 May St.

 

27.     A Gordon Cross, President, Mayfield Plastics, Inc ./S. Ralph Cross & Sons, Inc. request No Parking be allowed on both sides of the street entrance on Mayfield St. for a distance of 35-40’ on either side of gate.

 

28.     Mikhael Mikhael request installation of one handicap parking space in front of 21 Plantation St.

 

28a.   Councillor Paul P. Clancy, Jr. on behalf of Grace Gentile request handicap parking in front of 175 Hamilton St.  Referred to Traffic & Parking Committee – Suspension of Rules

 

          29 REFERRED TO THE CITY MANAGER

 

29.     Arthur Kevorkian & Claudette Danielson request to speak before City Council on November 16, 1999 regarding response to Petition filed on October 5, 1999 relative to the WRTA.

 

          30 & 31 HEARINGS SET FOR NOVEMBER 23, 1999 - 7:00 PM

 

30.     MASSACHUSETTS ELECTRIC COMPANY for a cable and conduit system on:  MAY ST.

 

31.     COMMONWEALTH GAS COMPANY for a gas main location on: MONTICELLO DR.

 

ORDERS

 

31a.   Request City Manager to allocate $1.3 million of the rainy day fund account and $373,278.00 of the $1.1 million one time payment assigned to retirees affected by MGL Chapter 32, Section 90 A, C, D and E to fund 45% of MGL Chapter 32, Section 90 A, C, D and E at the $3,000 cap which is estimated at $1.47 million.  Motion-Clancy at discussion of $5.2 million – Adopted on a roll call vote of 8 yeas and 3 Nays – Yea – Clancy, Finnegan, Luster, Murray, Patton, Perotto, Petty, Mariano.  Nay – Cooney, Lukes, Nadeau

 

31b.   Request City Solicitor provide a response as to whether the Shooting Gallery Ordinance equals a taking of property without due process of law and therefore a confiscation.  Motion-Lukes @ #34CC – Adopted

 

31c.   Request City Solicitor include in his report on the Shooting Gallery Ordinance the issues relative to pre-emption of the State statute.  Motion-Murray @ #34CC - Adopted

 

31d.   Request City Manager to check to see if the lighting on Lake Ave. in the vicinity of the Marine Corp. League is sufficient.  Cooney – Suspension of Rules – Adopted

 

 31e.  Request City Solicitor to provide City Council with an opinion as to whether the City Council can request the City Manager to consider calling for a Civil Service test for firefighters so that the City would be listed as interested in having whatever candidates are prepared and have been studying for the Chief’s exam to at least take the exam.  Cooney – Suspension of Rules - Adopted

 

32.     COMMUNICATIONS OF THE CITY MANAGER

APPOINTMENTS

  1.       NON-CITY COUNCIL CONFIRMATION:

 

  2.     CITY COUNCIL CONFIRMATION:

 

TRANSMITTALS

 

 3.      AIRPORT:

 

 4.      ASSESSORS:

 

 5.      BUDGET OFFICE:

         

A.      Communication relative to reports requested  by Council on the $5.2 million dollar budget recommendation.

 

Placed on file

 

  6.     CIVIC CENTER:

 

 7.      COMMUNICATIONS:

         

 8.      DEVELOPMENT:

         

 9.      ELDER AFFAIRS:

 

10.     ELECTION COMMISSION:

 

11.     EMERGENCY MANAGEMENT SERVICES:

 

12.     EMPLOYMENT & TRAINING:

 

13.     FIRE:

 

14.     HUMAN RESOURCES:

 

15.     INFORMATION SERVICES:

 

16.     LAW:

 

A.      SUPPLEMENTAL – Communication relative to Tax Rate Effect of No Affirmative Vote on Supplemental Recommendations and Supplemental Retirement Allowance – Council Authority to Act Unilaterally.

 

Placed on file

 

17.     LICENSE COMMISSION:

 

18.     PARKS, RECREATION & CEMETERY:

 

19.     PLANNING & COMMUNITY DEVELOPMENT:

.

20.     POLICE:

 

21.     PUBLIC HEALTH & CODE ENFORCEMENT

 

22.     PUBLIC LIBRARY:

 

23.     PUBLIC SCHOOLS

 

A.      Request an Executive Session on Tuesday, November 23, l999, at 6:00 P.M. with the Worcester Public Schools to discuss litigation involving the Vocational School.

 

Approved on a roll call 11-0

 

24.     PUBLIC WORKS:

 

25.     PURCHASING:

 

26.     TREASURY:

 

27.     VETERANS' SERVICES:

 

28.     FINANCE:

 

29.     ORDINANCES/ORDERS:

 

30.     MISCELLANEOUS:

 

33.     RECESS TO FINANCE AND ORDINANCE:

 

FINANCE

 

a)       #40CC   June 22, 1999

 

          Order – Request City Council to schedule Finance sessions beginning the first week in January 2000 in order to commence discussions regarding budget issues.   (Lukes)

 

b)      #41CC   June 22, 1999

 

          Order – Request City Manager to present a budget for the next fiscal year with a rate of growth that is either at the rate of inflation or excludes new growth, whichever sum is lower.   (Lukes)

 

c)       #63CC  September 21, 1999

 

          Order – Request City Council pledge to maintain the existing tax rate for the next three fiscal years.  Further, request City Council instruct the City Manager to prepare the next three budgets using only “New growth”, state and federal funds and existing tax revenues. (Mariano) 

 

COMMUNICATION

 

          33a PLACED ON FILE

 

33a.   James DelSignore, City Auditor transmitting graphs that present various data that was requested at the November 9, 1999 meeting.

 

TO BE ORDAINED

 

          34 HELD TO BE FIRST ITEM OF BUSINESS NOVEMBER 30, 1999

 

34.     Amending Chapter 11 of the Revised Ordinance of 1996 relative to Shooting Galleries.

 

TABLED ITEMS – No Action Taken

 

35.     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.

 

36.     Communication of the City Manager transmitting communication relative to an RFP for the sale of the Belmont Home.

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     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.

 

41.     Tabled In Part – Order – Request Administration report on whether the Worcester Redevelopment Authority intends to sell the tax credits of the Union Station Project, the value of the tax credits, the intended use of the proceeds of the sale and further, request City Manager to request the Worcester Redevelopment Authority to forbear from the sale.   (Lukes)

Tabled – request City Manager to request the Worcester Redevelopment Authority to forbear from the sale.

 

SCHEDULED COMMITTEE MEETINGS OF THE CITY COUNCIL

 

NOVEMBER 18, 1999       PUBLIC SERVICE &       CHRIST THE KING

    7:00 P.M.                         TRANSPORTATION    AUDITORIUM

                                                                                  1052 PLEASANT ST

                                                                                  BASEMENT LEVEL

 

RE: AGREEMENT WITH THE MASSACHUSETTS PORT AUTHORITY BY WHICH MASSPORT WOULD BECOME THE OPERATOR OF WORCESTER REGIONAL AIRPORT

 

 

NOVEMBER 29, 1999   PUBLIC SERVICE &         GATES LANE SCHOOL

    7:00 P.M.                    TRANSPORTATION        1238 MAIN ST

                                                                                 ALL PURPOSE ROOM

 

RE: AGREEMENT WITH THE MASSACHUSETTS PORT AUTHORITY BY WHICH MASSPORT WOULD BECOME THE OPERATOR OF WORCESTER REGIONAL AIRPORT

 

 

DECEMBER 6, 1999         PUBLIC WORKS         COUNCIL CHAMBER

    6:00 P.M.

 

 

DECEMBER 8, 1999      COMMERCE &              COUNCIL CHAMBER

    7:00 P.M.                     DEVELOPMENT