CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – APRIL 9, 2002

7:00 P.M.

Convened:  7:05 P.M.

Adjourned:  9:16 P.M.

 

1.                 INVOCATION – Rev. Charles J. Dumph

                                     Blessed Sacrament Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.                 ROLL CALL – All present except Councillor Lukes who arrived at 7:10 P.M.

 

4.       PRESENTATION OF RESOLUTIONS TO WORCESTER VOCATIONAL HIGH SCHOOL JUNIORS LAUREN COLLINS, MELISSA JOHNSON AND MARIBEL CHAMORRO FOR THEIR 3RD PLACE TROPHY AT THE STATE COMPETITION OF THE ASSOCIATION OF MARKETING STUDENTS.

 

The Mayor opened a 30 minute hearing allowing the public to speak either in opposition or in favor of the recommendations of the Commerce & Development Committee regarding the design of Washington Square.  Items 50 and 51 of the City Council Calendar were taken up at this time along with a Chairman’s Order from the Commerce & Development Committee from their meeting of April 8, 2002 (Item 16a).

 

5.       ITEMS OF CITIZEN INTEREST

 

5a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

         

          6 & 7 REFERRED TO PLANNING BOARD

 

6.       Jerry Galvin request to make public the private portion of Miami St. (Attachments)

 

7.       Deirdre Dundon request City to remove private portion of Arline St. from the Official City Map and allow abutters to block portion of road from through traffic. (Attachments)

 

          8 REFERRED TO PUBLIC WORKS COMMITTEE

 

8.       Patricia McGrath request to extend sewer line from corner of Pelican Ave. to 9 Phoebe Way approximately 270 ft.  To be done at Petitioner’s expense and in accordance with a prior agreement with the City of Worcester. (Attachments)

 

8a.     Councillor Stephen Abraham on behalf of Irene Pietrowicz request a catch basin be installed where the public and private streets join together, low section of road on Clover St.   Referred to Public Works Committee – Suspension of Rules  (Attachments)

 

          9-12 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

9.       Josephine Pickett request handicap parking in front of 19 Reeves St. (Attachments)

 

10.     Maria Cabrera on behalf of Marcelo Caderon request handicap parking in front of 115 Sterling St. (Attachments)

 

11.     Roberta Union et al request Resident Only parking on Old English Rd. (Attachments)

 

12.     Dwayne Watson et al request installation of a traffic light at the corner of Marble and Main Sts. (Attachments)

 

          13-16 HEARINGS SET FOR APRIL 23, 2002 – 7:00 P.M.

 

13.     CHARTER COMMUNICATIONS for a conduit location on:  BEAVER ST. (Attachments)

 

14.     CHARTER COMMUNICATIONS for a conduit location on:  FRUIT ST. (Attachments)

 

15.     CHARTER COMMUNICATIONS for a conduit location on:  GROVE ST. (Attachments)

 

16.     MASSACHUSETTS ELECTRIC CO. for a pole location on:  HEARD ST. (Attachments)  Councillor Haller recused on a roll call 10-0 

 

CHAIRMAN’S ORDERS

 

          16a FROM COMMERCE & DEVELOPMENT COMMITTEE – Suspension of Rules          

 

16a.   Request City Manager to provide City Council with a roadway plan for Washington Square that retains the northern portal for some vehicular access in the event the southern portal is designated as the primary roadway, that returns Franklin St. to a two-way roadway an that opens Harding St. to Worcester Center Boulevard. (Attachments)

 

Councillor Perotto moved to amend to insert after “access” - using a roundabout.

 

Chairman’s Order adopted, as amended on a roll call 6-5 (Yes-Clancy, Palmieri, Patton, Perotto, Petty, Murray) – No (Abraham, Gomez, Haller, Irish, Lukes) 

 

          17 FROM LAND USE COMMITTEE - Adopted

 

17.     Request Administration to provide City Council with an updated report concerning the amount of revenue collected through the Worcester District Registry of Deeds and deposited into the Community Preservation Act pool, identifying amounts by community. (Attachments)

 

          18 FROM YOUTH, PARKS & RECREATION COMMITTEE – Adopted

 

18.     Request Parks Commissioner and Commissioner of Public Health and Code Enforcement to communicate with State and Federal authorities on the issues relating to geese infestation and provide City Council with progress on these efforts in the Summer of 2002. (Attachments)

 

ORDERS

 

19.     Request City Manager report on tools available to control parking problem in the vicinity of the Salter School on Indian Hill Rd. (Patton) (Attachments)

 

Adopted

 

20.     Request City Manager forward to City Council the plans and status of proposed move of the Abby Kelly Foster Charter School to the facility at Temple Emanuel, including number of students to be accommodated, start and end time of daily classes, traffic impacts and the longevity of their stay at this location.   (Abraham) (Attachments)

 

Adopted

 

21.     Request Administration provide City Council with a report that details how much of recent block grant allocations are expended on salaries excepting those under the administrative salary cap.  (Palmieri)

          (Attachments)

 

Adopted

 

22.     Request Administration provide City Council with a report detailing the number of employees at Neighborhood Services who are also residents of the City of Worcester.  (Palmieri) (Attachments)

 

Adopted

 

23.     Request City Manager provide City Council with a report listing any positions in the Administrative salary group that have been filled with non-Worcester residents since May 23, 1995 and the justification for such hiring in the form of an exemption by the City Manager.  (Palmieri) (Attachments)

Adopted

 

24.     Request Administration to submit a legal opinion on the rights and responsibilities of towing operators regarding entry into the interior of a private vehicle which is being towed.   (Lukes) (Attachments)

 
Adopted

 

25.     Request Administration report on whether all towing operators operating under city contracts have complied with payment and ATM procedures.   (Lukes) (Attachments)

 

Adopted

 

25a.   Request City Manager to provide City Council with a pedestrian friendly roadway plan for Washington Square that includes a roundabout and a plan for a four-way intersection pointing toward the southerly portal.   Motion-Irish @ #16a, 50 & 51 CC – Adopted on a roll call 6-5 (Yes-Abraham, Gomez, Haller, Irish, Lukes, Patton) -  (No-Clancy, Palmieri, Perotto, Petty, Murray) Reconsideration denied on a voice vote   (Attachments)

 

25b.   Request City Manager to provide City Council with a roadway plan for Washington Square that includes a roundabout and a plan for a four-way intersection using the area immediately to the west side of Union Station for bus ports, siting the construction of a garage underneath the I-290 overpass at the corner of Shrewsbury St. and Grafton St. and also aligns Franklin St. for possible future two-way traffic pattern.  Motion-Irish @ #16a, 50 & 51 CC – Adopted on a roll call 6-5 (Yes-Abraham, Gomez, Haller, Irish, Lukes, Patton) – (No-Clancy, Palmieri, Perotto, Petty, Murray) Reconsideration denied on a voice vote   (Attachments)


25c.   Request City Manager to provide City Council with a roadway plan for Washington Square the retains the northern portal for some vehicular access with the use of a roundabout and a plan for a four-way intersection in the event the southern portal is designated as the primary roadway, that returns Franklin St. to a two-way roadway and that opens Harding St. to Worcester Center Boulevard.  Motion-Irish @ #16a, 50 & 51 CC – Adopted on a roll call 6-5 (Yes-Abraham, Gomez, Haller, Irish, Lukes, Patton) – (No-Clancy, Palmieri, Perotto, Petty, Murray) Reconsideration denied on a voice vote

          (Attachments)

 

25d.   Pursuant to approval of the recommendations of the Commerce and Development Committee relative to roadway plans for Washington Square the Administration be and is hereby requested to provide a report on what the impact is going to be on the economic development goals regarding new parcels to be created and impact on the movement of vehicular and pedestrian traffic in the area of Washington Square.  Motion-Lukes @#16a, 50 & 51 CC – Adopted on a voice vote – Reconsideration denied on a voice vote (Attachments)

 

25e.   Request City Manager to report on the actual sale of Indian Hill property as to what was the property as defined in the Purchase and Sale Agreement, what process remains and whose custody is the property in now.  Motion-Patton @ #19CC – Adopted (Attachments)

 

25f.    Request Administration to submit to City Council any complaints that have been filed in the past two years against each towing company that has a contract with the City as to the number of complaints, the nature of said complaint and how it was resolved.   Motion-Lukes @ #24 & 25CC – Adopted  (Attachments)

 

25g.   Request City Manager to report on what will happen to the two fire companies housed at the Central St. Fire Station if a hotel is built on that site.   Clancy – Suspension of Rules – Adopted (Attachments)

 

25h.   Request Administration to report on the process that takes place relative to school construction, particularly at North High School. Palmieri – Suspension of Rules – Adopted  (Attachments)

 

          26 & 27 ADOPTED

 

26.     SEWER BETTERMENT ASSESSMENT:  WYOLA DR. (Attachments)

 

27.     SEWER BETTERMENT ASSESSMENT:  SUNDERLAND RD. (Attachments)

 

          28-30 ADOPTED ON A ROLL CALL 10-0 (Abraham absent)

 

28.     DECREE TO MAKE PUBLIC:  ADELAIDE CIRCLE (Attachments)

 

29.     DECREE TO MAKE PUBLIC:  ALLISON CIRCLE  (Attachments)

 

30.     DECREE TO MAKE PUBLIC:  MATTEO ST. (Attachments)

 

COMMUNICATION

 

31.     Helen A. Friel, Assistant to the Superintendent/Clerk of the School Committee transmitting Worcester Public Schools Building Use Policy and Procedures. (Attachments)

 

Referred to Youth, Parks & Recreation Committee

 

CHAIRMAN’S RESOLUTION

 

          31a FROM COMMERCE & DEVELOPMENT COMMITTEE – Adopted roll call 11-0 – Suspension of Rules

 

31a.   Request Administration to not consider selling air rights over the Parcel Post Building. (Attachments)

 

32.     RECESS TO FINANCE & ORDINANCE:  No Action Taken

 

          FINANCE

 

          a)       #4B CM  June 19, 2001

Communication of the City Manager relative to Breakdown of

                   New Growth Figures over the past ten years. (Attachments)

         

b)      #5A CM  January 29, 2002

Communication of the City Manager relative to the local aid figures included in the Governor's Budget for the City of Worcester for Fiscal 2003. (Attachments)

 

          c)       #96 CC  February 26, 2002

James A. DelSignore, City Auditor transmitting progress report on the status of the City's finances for the fiscal year that ends June 30, 2002.     (Attachments)

         

d)      #5A CM  February 26, 2002

Communication of the City Manager relative to Financial Projections – FY03. (Attachments)

         

e)       #5A CM  March 5, 2002

Communication of the City Manager relative to a report regarding a breakdown of projected debt service line item presented in the fiscal 2003 budget report from last Tuesday's City Council meeting. (Attachments)

         

f)                  #5A CM March 19, 2002

Communication of the City Manager relative to FY 03 Budget – Personnel Reductions. (Attachments)

 

g)                 #39CC  March 26, 2002

Communication of the City Manager transmitting statement of the Mass. Municipal Association relative to the Governor’s revised Fiscal 2003 Budget Plan to cut $200 million from local aid. (Attachments)


 

REPORTS

 

          33-38 ACCEPTED

 

          REPORT OF THE COMMITTEE ON LAND USE Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

33.     Transmitting communication relative to Restrictions on Home Occupations in Residential Zones. (Attachments)

 

34.     Transmitting communication relative to items relied upon when City Inspectors attempt to verify home occupations. (Attachments)

 

35.     Transmitting communication relative to Yearly Inspection of Home Occupations. (Attachments)

 

36.     Transmitting communication relative to Change to Zoning Schedule. (Attachments)

 

37.     Transmitting communication relative to Zoning Ordinance Update. (Attachments)

 

38.     REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board upon the Order of Councillor Stephen Patton requesting to eliminate duplexes as an allowed use in RS-7 and RL-7 districts:  recommend Leave to Withdraw. (Attachments)

 

          39 ACCEPTED & ORDER ADOPTED ON A ROLL CALL  11-0

 

39.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Joseph & Maryann Mastroberti requesting abatement of Sewer Assessment #30725 in the amount of $1,824.00 on Beale St.: recommend adoption of the accompanying Order to abate in full subject to recording of an agreement to restrict development on the abated parcel. (Attachments)


 

          40 ACCEPTED & ORDER ADOPTED

 

40.     REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Petition of Wanda Davaz et al requesting the City build a skateboard park in the Webster Square area:  recommend adoption of the accompanying Order requesting the Parks Commissioner and Commission to consider working in a collaborative way to create a skateboard park in the Webster Square area.

          (Attachments)

 

          41-47 ACCEPTED

 

41.     REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Petition of John Cronin et al requesting Youth, Parks and Recreation Committee consider recommending to the City Manager an appropriation of $250,000.00 from “free cash” reserve to fund parks and recreation accessibility for persons with disabilities:  recommend Petition be placed on file. (Attachments)

 

          REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

42.     Transmitting communication relative to Media Advisory Grant Award for the Revitalization of the Worcester Common. (Attachments)

 

43.     Transmitting communication relative to Grant Award – Rehabilitation of the Worcester Common. (Attachments)

 

44.     Transmitting communication relative to Geese at Bathing Beaches. (Attachments)

 

45.     Transmitting communication relative to Goose Population. (Attachments)

 

46.     Transmitting communication relative to Spring 2000 – Field Activity and use of facilities for various activities and events. (Attachments)

 

47.     Transmitting communication relative to Funding for Coes Pond Dam Project. (Attachments)

 

TO BE ORDAINED

 

          48 & 49 ORDAINED ON A ROLL CALL 10-0

 

48.     Amending Section 2 of Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone change in the area of Teconnett Path. (Attachments)  Councillor Lukes recused on a roll call 10-0

 

49.     Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide reserved parking for residents only on the north side of William St. from Linden St. to North Ashland St. (Attachments)  (Councillor Lukes absent)

 

TABLED UNDER PRIVILEGE (BY VOTE OF COUNCIL)

 

50.     Chairman’s Order from Commerce & Development – Request City Manager provide City Council with a pedestrian-friendly roadway plan for Washington Square that includes a roundabout pointing towards the southerly portal. (Attachments)

 

Taken off the Table and adopted on a roll call 6-5 (Yes-Clancy, Palmieri, Patton, Perotto, Petty, Murray) – (No-Abraham, Gomez, Haller, Irish, Lukes)

 

Reconsideration denied on a voice vote

 

51.     Chairman’s Order from Commerce & Development – Request City Manager provide City Council with a roadway plan for Washington Square using the area immediately to the west side of Union Station for bus ports, siting the construction of a garage underneath the I-290 overpass at the corner of Shrewsbury St. and Grafton St. and also aligns Franklin St. for possible future two-way traffic pattern.

          (Attachments)

 

Taken off the Table and adopted on a roll call 6-5 (Yes-Clancy, Palmieri, Patton, Perotto, Petty, Murray) – (No-Abraham, Gomez, Haller, Irish, Lukes)

 

Reconsideration denied on a voice vote

 

TABLED ITEMNo Action Taken

 

52.     VERIZON NEW ENGLAND, INC. for underground conduits on:  SOUTHBRIDGE ST.   (Tabled March 12, 2002) (Attachments)

 

52a.   Granting permission to VERIZON NEW ENGLAND, INC.  for underground conduits on:  SOUTHBRIDGE ST.

 

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

APRIL 8, 2002              COMMERCE &                   PUBLIC LIBRARY

7:00-9:00 P.M.              DEVELOPMENT                  SAXE ROOM

                                                                                 FIRST FLOOR

 

                  Re:  Union Station/Washington Square Redesign

 

 

APRIL 10, 2002           ELDER AFFAIRS             COUNCIL CHAMBER

   6:00 P.M.

 

 

APRIL 23, 2002          YOUTH, PARKS &           COUNCIL CHAMBER

  6:15 P.M.                      RECREATION

 

 

MAY 1, 2002           TRAFFIC & PARKING         COUNCIL CHAMBER

  6:00 P.M.

 

 

MAY 6, 2002              PUBLIC WORKS                COUNCIL CHAMBER

  6:00 P.M.

 

PLEASE NOTE:  The City Council will not meet on April 16, 2002