CITY OF WORCESTER
CITY CLERK DEPARTMENT
JOURNAL OF THE CITY COUNCIL – FEBRUARY 6,
2001
7:00 P.M.
Convened: 7:10 P.M.
Recessed for Executive
Session: 9:45 P.M.
Reconvened: 10:25 P.M.
Adjourned: 10:25 P.M.
___________________________________________________________________________________________________________
1. INVOCATION – Rev. Daniel Becker, Associate Pastor
St.
Stephen’s Church
2. PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER
3.
ROLL CALL –
All present except Councillor Petty and
Mayor Mariano – Councillor Lukes was in the Chair
HEARINGS & ORDERS – 7:00 P.M.
4
& 5 Hearing Held
4. NSTAR Gas for a gas main location
on: DIXON AVENUE.
5. NSTAR Gas for a gas main location
on: FRANKLIN STREET.
4a & 5a ORDERS ADOPTED
4a. Granting
permission to NSTAR Gas for a gas main location on: DIXON AVE.
5a. Granting
permission to NSTAR Gas for a gas main location on: FRANKLIN STREET.
6. ITEMS OF CITIZEN INTEREST
6a. ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST
7 REFERRED TO PUBLIC WORKS COMMITTEE
7. Jordan Levy request Public Works
resurface Whisper Drive.
7a. John
Sullivan request sidewalk repair on Wyola Dr.
Referred to Public Works
Committee – Suspension of Rules
8
& 9 REFERRED TO TRAFFIC & PARKING COMMITTEE
8. Sylvia
Desautels request handicap parking space in front of 18 Plantation St.
9. Councillor Juan A. Gomez on behalf of Geraldo Maldonado, Chairman, Jacob Hiatt Magnet School Council request Murray Ave., from Piedmont St. to Wellington St. be made one-way.
10
HEARING SET FOR FEBRUARY 13, 2001 – 7:00 P.M.
10. MASSACHUSETTS
ELECTRIC COMPANY for two pole locations on: WRENTHAM RD.
10a. Request
City Manager report to the City Council on the top 25 commercial taxpayers,
excluding the utilities and TIF recipients, and provide an action plan to
expand the commercial tax base. Motion-Clancy @ #4A CM – Adopted
10b. Request
Administration work together with the WBDC to look at key components and
recommendations in the 1988 Main St. report.
Further, request City Manager report if groups involved will be making
recommendations on a scaled down plan for Main St., as to what could be done for
signage and/or façade. Motion-Clancy @ #8BB CM – Adopted
10c. Request
Administration to request the National Trust for Historic Preservation to
update the 1988 Main St. report. Motion-Perotto @ #8BB CM – Adopted
10d. Request
Administration to send copies of the 1988 Main St. report to the Center City
Committee. Motion-Lukes @ #8BB CM – Adopted
10e. Request
Administration look into the feasibility of naming one of the following
locations in honor of the six fallen Worcester firefighters: the former Hurley Square or the pedestrian
bridge connecting Vernon Hill to the Visitors Center. Motion-Clancy @ #13A CM – Adopted
10f. Request
Administration report on the cost for installation of a roof on the pavilion at
Institute Park. Motion-Perotto @ #17B CM – Adopted
10g. Request
City Manager to provide City Council with a copy of the Operating Agreement
referenced in #5 of Item 17C of the City Manager’s Calendar of February 6,
2001. Motion-Patton @ #17C CM – Adopted
10h. Request
City Manager to provide City Council with the date when the Worcester
Redevelopment Authority voted to create the limited liability corporation and
the minutes to that meeting. Motion-Murray @ #17C CM – Adopted
10i. Request
Administration to take whatever steps are necessary to recoup tax levy funds
dedicated to fund the operating portion of Union Station. Motion-Murray
@ #17C CM – Adopted
10j. Request
Administration to move as expeditiously as possible to make sure that the
proper corporate officers of the limited liability corporation for Union
Station are reflected that will look after the City’s best interest. Motion-Murray
@ #17C CM – Adopted
10k. Request
Administration provide City Council with copies of corporate documents or any
other information with regard to the formation of New Worcester Associates, including
the law firm or whoever represented New Worcester Associates, who represented
the shareholders and the extent of ownership for each particular
shareholder. Motion-Abraham @ #17C CM – Adopted
10L. Request
Administration report as to when a State building is to be declared surplus, it
then becomes open to any other State department prior to it becoming open for
sale. Motion-Clancy @ #17D CM – Adopted
10m. Request
Administration provide City Council with a history of any discussions that have
taken place over the last 6-9 months between the City Administration and any
representatives of the owners of the Parcel Post Building. Motion-Murray
@ #17D CM – Adopted
10n. Request
City Manager report to City Council as to how to deal with the issue of no
sidewalks where children are dropped off by school buses. Motion-Lukes
@ #17F CM – Adopted
10o. Request
Administration provide a report as to the legal impact of a binding vote that
is taken on a ballot in a City election
Motion-Lukes @ #21A CM – Adopted
10p. Request
Administration to provide City Council with any information from the Town of
Holden as to what type of notice was sent to Worcester residents who receive
water from the Town of Holden. Motion-Abraham @ #21A CM – Adopted
10q. Request
Administration provide City Council with the date the vote was taken by the
City Council to approve that certain Worcester streets receive water from the
Town of Holden and did the Town of Holden notify the City at that time that
their water was fluoridated or did the Town of Holden fluoridate their water
subsequent to that vote of the City Council to receive water from the Town of
Holden. Motion-Gomez @ #21A CM – Adopted
10r. Request
Administration to provide City Council with a sampling of nationwide comparative
studies relative to fluoridation. Motion-Irish @ #21A CM – Adopted
10s. Request
City Solicitor to provide City Council with an opinion as to whether or not
streets in Worcester receiving fluoridated water from the Town of Holden is in
violation of the ballot question voted a few years ago. Motion-Clancy
@ #21A CM – Adopted
10t. Request
Administration provide City Council with an update on the legal case on the
proposed Vocational School site. Motion-Patton @ #23A CM – Adopted
10u. Request
City Manager report as to what it means to the School Assistance Building
Program if the City does not hear relative to a ruling on the lawsuit for the
siting of the new Vocational School or if there is a negative ruling. Further, request City Manager provide City
Council with more information as to how to apply for a waiver and what that
might mean. Motion-Clancy @ #23A CM – Adopted
10v. Request
City Manager to consider beginning the waiver process now relative to timelines
for construction of a new Vocational School under the School Assistance
Building Program. Motion-Gomez @ #23A CM – Adopted
10w. Request
City Manager report as to what alternative the City has should the decision
from the Administrative Law judge be against the City relative to the lawsuit
on the siting of the new Vocational School or should the opposing party decide
to appeal the decision. Motion-Gomez @ #23A CM – Adopted
10x. Request
Administration to add the bridge on Walpole St. at Gates St. to the Status
Report on Mass. Highway Projects. Motion-Nadeau @ #24A CM – Adopted
10y. Request
Administration to add Route 146 and Route 20 to the Status Report on all Mass.
Highway Projects. Motion-Clancy @ #24A CM – Adopted
10z. Request
City Manager to provide City Council with a full report on timelines for
installation of benches and rubbish containers on Lincoln St. Motion-Perotto
@ #24B CM – Adopted
10aa. Request
City Manager to include the “Chapter Chatter” from the New England Chapter of
the American Public Works Association relative to Commissioner of Public Works
Robert L. Moylan, Jr. on the City’s web site.
Motion-Clancy @ #24D CM – Adopted
10bb. Request
Administration to consider printing a pamphlet explaining the process of
quarterly tax billing. Motion-Abraham @ #26B CM – Adopted
10cc. Request
Assessor report when the City Council votes the tax rate and when the Assessor
provides the average figures, that the Assessor explain what the average
increase means per tax bill. Motion-Clancy @ #26B CM – Adopted
10dd. Request
Administration review the attached communication relative to maintenance of the
South High School swimming pool and issues associated with its use by the
Worcester Schools Varsity Swim Team with the School Department and respond. Irish
– Suspension of Rules – Adopted
10ee. Request
Administration provide an interim report on the revised winter parking ban to
include number of complaints from public safety officials about impassable
streets, if any, and recommendation(s) for modification, if appropriate. Irish
– Suspension of Rules – Adopted
10ff. Request
City Manager to provide a report concerning the State financing for the new
North High School. Perotto – Suspension of Rules – Adopted
10gg. Request
Administration report relative to an incident occurring at the Crystal Palace
on January 30, 2001. Report to include
whether there is a Police report and if the License Commission was
notified. Gomez – Suspension of Rules – Adopted
10hh. Request
Administration to provide an update on the light up of the Worcester Fleet
building program. Murray – Suspension of Rules – Adopted
10ii. Request
Administration to provide City Council with an update on all school
construction projects. Patton – Suspension of Rules - Adopted
11. COMMUNICATIONS OF THE CITY MANAGER
Thomas R. Hoover
City Manager
City
Council Calendar for February 6, 2001
APPOINTMENTS
1. NON-CITY
COUNCIL CONFIRMATION:
A.
Notification of the appointment of sworn weighers for the year 2001.
Placed on file
B.
Notification
of the reappointment of Jeanice Sherman to the Historical Commission.
Placed on file
2. CITY
COUNCIL CONFIRMATION:
TRANSMITTAL
3. AIRPORT:
A.
Communication relative to Master Plan Information Request.
Held to be First Item of Business February 13, 2001
4. ASSESSORS:
A.
Communication relative to Ten Highest Tax Payers, and Mechanics of the
Assessment Process.
Referred to Municipal Operations Committee
5. BUDGET OFFICE:
6. CIVIC CENTER:
7. COMMUNICATIONS:
8. DEVELOPMENT:
A.
Communication relative to the completion of an economic
development plan for the re-use of the Greenwood Street landfill.
Referred
to Commerce & Development Committee
PLANNING & COMMUNITY DEVELOPMENT:
AA. Request adoption of an order relative to the
transfer of jurisdiction and disposition of property at 2-2A Douglas Street.
Order adopted – Reconsideration denied on a voice vote
BB.
Communication relative to l988 “Main Street” report from the National
Trust for Historic Preservation.
Referred to Commerce & Development Committee
WORCESTER
REDEVELOPMENT AUTHORITY:
9. ELDER
AFFAIRS:
10. ELECTION COMMISSION:
11. EMERGENCY MANAGEMENT SERVICES:
12. EMPLOYMENT & TRAINING:
13. FIRE:
A.
Communication relative to having a portion of Route 146 or a state
roadway named in honor of the six firefighters who died in the line of duty on
December 3, 1999.
Placed on file
14. HUMAN RESOURCES:
A.
Communication relative to current status of the local option statute
establishing an age limit of 32 for entry to the positions of firefighter and
police officer.
Referred to Public Safety Committee
15. HUMAN RIGHTS:
16. INFORMATION SERVICES:
A. Communication relative to Calendar Backup
Documents Available on the City’s Website.
Placed on file
17. LAW:
A.
Communication relative to Neighborhood Cabinet – Council Role.
Referred to Municipal Operations Committee
B.
Communication relative to Institute Park Deed Restrictions.
Placed on file
C.
Communication relative to Union Station Ownership – Historic Tax Credit
Transactions.
Referred to Commerce & Development Committee
D. Communication relative to Ownership of the
Parcel Post Building.
Referred to Commerce & Development Committee
E.
Communication relative to Union Station Garage Grant Agreement.
Referred to Commerce & Development Committee
F.
Request adoption of an ordinance amending the Sidewalk Snow Shoveling
ordinance to require a paved sidewalk.
Voted to advertise proposed Ordinance
G.
Communication relative to Converting Grove Street Terrace to a Public
Street.
Referred to Public Works Committee
18. LICENSE COMMISSION:
19. PARKS, RECREATION & CEMETERY:
A.
Communication relative to Bid Results – Statewide Vietnam Veterans’
Memorial.
Referred to Military Affairs Committee
B.
Communication relative to Green Hill Municipal Golf Course – 2001 Season.
Referred to Youth, Parks & Recreation Committee
20. POLICE:
A.
Communication relative to Parking Ordinances on Denny Street.
Placed on file
B.
Communication relative to Enforcement of Traffic Speed Limits on
Brattle Street.
Referred to Traffic & Parking Committee
C.
Communication relative to Enforcement of Parking Restrictions on McKeon
Road between Cambridge Street and Riverside Street.
Referred to Traffic & Parking Committee
21. PUBLIC HEALTH
& CODE ENFORCEMENT:
A. Communication relative to Issues Relating
to Fluoridation.
Referred to Health Committee
Councillor Lukes
requested Councillor Perotto take the Chair
Councillor Clancy challenged the ruling of the Chair stating that City Council rules state that the most senior member with continuous service of the City Council shall serve during the absence of both the Mayor and Vice Chairman
Councillor Lukes requested a roll call to uphold her ruling to have Councillor Perotto take the Chair – 6-3
Yes: Councillors Abraham, Irish, Lukes, Murray,
Patton, Perotto
No: Councillor Clancy, Gomez, Nadeau
B. Communication relative to Body Piercing
and Tattooing.
Referred to Health Committee
22. PUBLIC
LIBRARY:
23. PUBLIC SCHOOLS:
A. Communication relative to report of the Accreditation
Review Committee based on the October 2, 2000 site visit to the Wheaton Square
campus.
Referred to Education Committee
24. PUBLIC WORKS:
A.
Communication relative to Status Report on all Mass Highway Projects.
Referred to Public Works Committee
B.
Communication relative to Installation of Benches and Rubbish
Containers on Lincoln Street.
Referred to Public Works Committee
C.
Communication relative to Grimewatch Program – December 2000 Activity
and Calendar Year 2000 Summary.
Referred to Public Works Committee
D.
Communication relative to “Chapter Chatter” from the New England
Chapter of the American Public Works Association, relative to Worcester’s own
Robert L. Moylan, Jr.
Placed on file
E.
Communication relative to Proposed Arterial Street Resurfacing Program
– FY 2002.
Referred to Public Works Committee
F. Communication relative to Status Report –
Street Resurfacing Projects FY 2001 – Final Report for 2000 Construction Season.
Referred
to Public Works Committee
25. PURCHASING:
A. Communication relative to Electricity
Contract.
Referred to Municipal Operations Committee
26. TREASURY:
A.
Recommend the readoption of an loan order for the Forest Grove Middle
School.
Voted
to advertise proposed Loan Order on a roll call 9-0 (Petty,
Mariano
absent)
B.
Communication relative to Quarterly Tax Billing and Associated Payment
Options.
Referred to Municipal Operations Committee
27. VETERANS' SERVICES:
28. FINANCE:
A. Recommend that Three Thousand Dollars
($3,000.00) be transferred when and as received from Account #91C780, Capital
Equipment, and appropriated to Account #66C701, Treasury Department Capital
Equipment, to provide funds for the purpose of payment for miscellaneous office
equipment, for the Treasury Department, as approved in the Capital Improvement
Program.
Order adopted on a roll call 9-0 (Petty, Mariano absent)
B. Recommend that One Hundred Ten Thousand
Four Hundred Thirty One Dollars and Fifty Cents ($110,431.50) be transferred
when and as received from Account #91C780, Capital Equipment, and appropriated
to Account #40C704, Traffic Signal Installation, to provide funds for the
purpose of payment for traffic signal equipment and improvements, as approved
in the Capital Improvement Program.
Order adopted on a roll call 9-0 (Petty, Mariano absent)
C. Recommend that Two Thousand One Hundred
Twenty Three Dollars and Ninety Five Cents ($2,123.95) be transferred when and
as received from Account #91C780, Capital Equipment, and appropriated to
Account #44C704, Sewer Department Capital Equipment, to provide funds for the
purpose of payment for (1) Dell Computer and Printer for the Sewer GIS Program,
as approved in the Capital Improvement Program.
Order adopted on a roll call 9-0 (Petty, Mariano absent)
D. Recommend that One Hundred Two Thousand
Five Hundred Dollars ($102,500.00) be transferred from Account #91C711,
Building Rehabilitation, and appropriated to Account #26C704, Fire Department
Building Rehabilitation, to provide funds for the purpose of payment for
various Building Rehabilitation contractual obligations for the Fire Department
as approved in the Capital Improvement Program.
Order adopted on a roll call 9-0 (Petty, Mariano absent)
29. MISCELLANEOUS:
A. Request for an Executive Session on
February 6, 2001.
On a
roll call vote 9-0 (Petty, Mariano absent) Council voted to go into Executive
Session at the conclusion of the City Council meeting
B.
Communication relative to State Legislative Agenda for Worcester
Legislative Delegation.
Referred to Legislative Affairs Committee
C.
Communication relative to most recent listing of Goals and Objectives
for FY 2001.
Referred to Municipal Operations Committee
D.
Communication relative to Goals for the New Millennium – Beyond
Strategic Plan 2000.
Referred to Strategic
Planning Committee
12. Karen Gubber, Administrative Assistant, Human Resources Coordinator, Upper Blackstone Water Pollution Abatement District transmitting the Annual Report from the Upper Blackstone Water Pollution Abatement District.
Placed
on file
13. David
J. Rushford, City Clerk transmitting Marriage Records Statistics for the Year
2000.
Placed
on file
14. RECESS TO FINANCE & ORDINANCE: No
Action Taken
FINANCE
a) #5A CM
January 23, 2001
Communication
of the City Manager transmitting communication relative to the City Manager’s
Contingency Account.
b) #24E
CM January 23, 2001
Communication
of the City Manager transmitting communication relative to Snow Deficit FY2001.
15
ACCEPTED
15. REPORT OF THE PLANNING BOARD Upon the Petition of Samuel DeSimone, Esq. on behalf of Two Eighty Eight Main Street Trust request to discontinue and remove Eden Terrace from the Official City Street Map from its point of beginning at or about 240 Main St. and running westerly, a distance of approximately 230’ to Eden St.
16 REFERRED TO ORDINANCE
COMMITTEE FOR A HEARING
16. REPORT OF THE PLANNING BOARD Upon the Petition of Matthew Stepanski, Jr., President, CMIME, Inc. requesting to amend the City of Worcester Zoning Map by changing the current RS-7 zoning designation for property northerly of Shore Dr. to MG-1.0 by relocating the existing MG-1.0 zoning boundary line.
TO BE ORDAINED
17-39 ORDAINED ON A ROLL CALL
9-0 (Petty, Mariano absent)
17. Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 to provide for Stop sign on Eastern Ave. at Gage St. to face westbound traffic on Gage St.
18. Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 to provide for Stop sign on Eastern Ave. at Normal St. (easterly intersection) to face eastbound traffic on Normal St.
19. Amending
Section 29 of Chapter 13 of the Revised Ordinances of 1996 to provide for Stop
sign on Eastern Ave. at Normal St. (westerly intersection) to face eastbound
traffic on Normal St.
20. Amending
Section 71 of Chapter 13 of the Revised Ordinances of 1996 to provide for left
turn only from the left lane on Eastern Ave. at Normal and Gage Sts. for north
and southbound traffic.
21. Amending
Section 75 of Chapter 13 of the Revised Ordinances of 1996 to provide for No
“U” Turns on Eastern Ave. northbound at Island Opening near East Central St.
22. Amending
Section 37q of Chapter 13 of the Revised Ordinances of 1996 to prohibit parking
tow away zone on the east side of Commercial St. from Front St to Mechanic St.
23. Amending
Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for
one-hour parking meters on the west side of Commercial St. between Front St.
and Mechanic St.
24. Amending
Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind two
parking meters on the north side of Pleasant St. near Chestnut St. and install
No Parking in its place.
25. Amending
Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind two
parking meters on the south side of Pleasant St. and install No Parking in its
place.
26. Amending
Section 33(f)(2) of Chapter 13 of the Revised Ordinances of 1996 to prohibit
right turns on the red traffic signal for southbound traffic on Main St.
27. Amending
Section 71 of Chapter 13 of the Revised Ordinances of 1996 to provide for left
turn only from the left lane on Pleasant St. at Chestnut St. for eastbound
traffic.
28. Amending
Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind
prohibited parking on the west side of Chestnut St. and install four parking
meters in its place.
29. Amending
Section 70 of Chapter 13 of the Revised Ordinances of 1996 to prohibit left
turns for westbound traffic on Front St. at Main St.
30. Amending
Section 33(f)(2) of the Revised Ordinances of 1996 to rescind No Left Turn on
Red for Linden St. southbound at Pleasant St.
31. Amending
Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind handicap
parking in front of 10 Clifton St.
32. Amending
Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind handicap
parking in front of 69 Providence St.
33. Amending
Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for
resident permit parking on the south side of Congress St., entire length.
34. Amending
Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for
resident permit parking on the odd numbered side of Fruit St. from #63 to
William St.
35. Amending
Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for
resident permit parking on the south side of Pembroke St. from #5 to #9.
36. Amending
Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind
prohibited parking on the west side of McGill St. from McKeon Rd. to Bothnia
St.
37. Amending
Section 71 of Chapter 13 of the Revised Ordinances of 1996 to provide for right
turn only from the right lane on Salisbury St. into Flagg St. for southbound
traffic.
38. Amending
Section 29 of Chapter 13 of the Revised Ordinances of 1996 to provide for Stop
sign on Everton Ave. at Crowningshield Rd. to face northbound traffic.
39. Amending
Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind handicap
parking on the north side of Pleasant St. near Main St.
40. REPORT
OF THE PLANNING BOARD Upon the Order of Councillor Paul P. Clancy, Jr.
requesting approval of the attached Ordinance amending the Worcester Zoning
Ordinance adopted April 2, 1991 relative to Non-Accessory Signs. (Tabled
May 30, 2000)
41. Resolution
– That the City Council of the City of Worcester hereby supports an amendment
to MGL Chapter 32, Section 3(4) proposed by Mrs. Mary Genaske, a Worcester
Public School teacher to allow teachers from Puerto Rico to buy back into the
Mass. Teachers Pension Fund at the same level as other teachers coming from
other states in the union. (Gomez) (Tabled
October 17, 2000)
42. Order
– Request Rules Committee to review the procedure used by City Council for
election of individuals to the Library Board of Trustees. (Abraham)
(Tabled December 19, 2000)
FEBRUARY 6,
2001 JOINT COUNCIL CHAMBER
5:30 P.M. COMMERCE & DEVELOPMENT
AND
COMMUNITY
DEVELOPMENT
Re:
Reorganization Plan – Various City Agencies Responsible
For Economic Development & Neighborhood Services
FEBRUARY 9,
2001 PUBLIC SAFETY COUNCIL CHAMBER
3:00 – 4:30 P.M.
Re: Abandoned Buildings Task
Force Report
FEBRUARY 26,
2001 RULES & COUNCIL CHAMBER
4:00 P.M. REGULATIONS
(Rescheduled from February 12, 2001)