CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – JANUARY 30, 2001

7:00 P.M.

Convened: 7:08 P.M.

Adjourned: 8:00 P.M.

 

1.       INVOCATION –  Pastor George A. Kohl

Belmont Baptist Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present

 

 

HEARING & ORDER – 7:00 P.M.

 

          4 Hearing Held

 

4.       NSTAR Gas for a gas main location on:  HIGH STREET.

 

          4a ORDER ADOPTED

 

4a.     Granting permission to NSTAR Gas for a gas main location on:  HIGH STREET.

 

5.       ITEMS OF CITIZEN INTEREST

 

5a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

6 REFERRED TO PLANNING BOARD

 

6.       Attorney Jonathan Finkelstein on behalf of Francis Madigan, Jr. request the City of Worcester amend the Zoning Map by changing the zoning designation of property fronting Mason St. and  shown on the Assessors Map as Map 6, Block 19, Lots 26 & 27 from RG-5 to MG-1.0.

 

7-9 REFERRED TO PUBLIC WORKS COMMITTEE

 

7.       Catherine Cargill request Wakefield St. be  paved.

 

8.       Councillor Paul P. Clancy, Jr. on behalf of Bonnie Gibbs, Upland Gardens Resident Service Coordinator request sidewalk repair of an approximate 225’ section in front of Building #7 on Upland Gardens Dr.

 

9.       Councillor Paul P. Clancy, Jr. on behalf of Bonnie Gibbs, Upland Gardens Resident Service Coordinator request sidewalk repair of an approximate 250’ section in front of Building #6 on Upland Gardens Dr.

 

9a.     Councillor Janice L. Nadeau on behalf of Bernard Thebodo request Department of Public Works resurface Merrick St. between Elm St. and Pleasant St.   Referred to Public Works Committee – Suspension of Rules

 

10-12 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

10.     Elizabeth Johnson Tsang et al request handicap parking in front of Upsala Elder Apartments  at 36 Upsala St.

 

11.     Michael Murphy, Deputy Director for Administration, Worcester Housing Authority request removal of a portion of the No Parking Zone on the south side of Lakeside Ave. in the vicinity of the Worcester Housing Authority Office at 30 Lakeside Ave. and install two handicap parking spaces and six one-hour parking spaces.

 

12.     Councillor Michael C. Perotto on behalf of Lorraine Fleming request handicap parking at 2 Earle St.

 

          13 REFERRED TO HEALTH COMMITTEE

 

13.     Samuel Rosario request City Council to impose a temporary moratorium of six months on the Body Art Establishments (Body Piercing, Tatooing & Branding/Scarification).

 

14 & 15  HEARINGS SET FOR FEBRUARY 6, 2001 – 7:00 P.M.

 

14.     NSTAR Gas for a gas main location on:  DIXON AVENUE

 

15.     NSTAR Gas for a gas main location on:  FRANKLIN STREET

 

CHAIRMAN’S ORDERS

 

16-26 FROM ETHNIC & MINORITY AFFAIRS- Adopted, Except 22

 

16.     Request the City Charter and the City Ordinances be made available in tape format to the sight impaired members of the public by the Worcester Public Library.  

 

17.     Request Administration report to the City Council what actions have taken place to date and any future plans being proposed for improving the ease with which the exterior doors at City Hall might be opened.

 

18.     Request the City’s Department of Public Health and Code Enforcement evaluate compliance with the ADA guidelines when renovations or new construction work is inspected.

 

19.     Request City Manager to request the Superintendent of the Worcester Public Schools report to the City Council on their progress in the implementation of their ADA Compliance Plan in the facilities occupied by the public schools.

 

20.     Request the Worcester Redevelopment Authority to report to the City Council within 60 days any steps that they have taken to bring their facility into compliance with the ADA requirements.

 

21.     Request City Manager report to the City Council concerning why, regardless of the ownership of the Union Station and land on which it is constructed, it cannot be included in the ADA compliance plan as are other facilities owned by the City of Worcester.

 

22.     Request City Manager report to the City Council on accelerating the requirements of the ADA compliance plan.   

         

Councillor Lukes moved to amend to add “or any portion thereof”. Adopted as amended

 

23.     Request Parks Commissioner report to the City Council concerning any progress in providing Park Rangers with keys to the restroom facilities in each of our parks.

 

24.     Request City Manager to request the new Administrator of the Worcester Regional Transit Authority report to the City Council concerning their policy on clearing snow from their bus stops.

 

25.     Request City Manager to do all he can within reason to locate funds to double the amount of money currently allocated to installing curb cuts in the city’s public sidewalks.

 

26.     Request City Manager consider having his Department Heads and the general workforce undergo additional sensitivity training concerning the needs of the disabled communities.

 

          27-33 FROM LAND USE - Adopted

 

27.     Request City Manager provide a report to the City Council clarifying the guidelines and process on the Community Preservation Act, including any mandates, the benefits for participating and how the funds are distributed.

 

28.     Request City Manager provide a report to the City Council on the rules and regulations of the City Ordinances pertaining to outdoor advertising.

 

29.     Request City Manager provide a report to the City Council from the Outdoor Advertising Board on the criteria used in outdoor advertising.

30.     Request the City’s Planning Coordinator provide the City Council with an updated report on the progress, process and procedure relative to the revisiting of the Worcester Zoning Ordinance.

 

31.     Request City Manager provide a report to the City Council within 30 days concerning abandoned properties.  Said report to include the name of the purchasers, resale price, size of the property, if they are still on back tax rolls, how many are used for gardens and/or parking lots abutting property.

 

32.     Request the Department of Public Works, Planning Board and the Conservation Commission work together to review and improve the process by which waivers are given for the use of a Registered Planning Site Engineer relative to the Drainage Mitigation – Allowed Uses.

 

33.     Request City Manager to have all Boards and Commissions that issue citations, to provide a report relative to fees not collected on citations issued.

 

34 FROM LEGISLATIVE AFFAIRS - Adopted

 

34.     Request City Solicitor to file Special Legislation relative to Street Betterment Assessments in the City of Worcester.

 

35-39 FROM PUBLIC SERVICE & TRANSPORTATION – Adopted

 

35.     Request City Manager communicate with the College of the Holy Cross to request that they assist in the funding for the installation of street lights in McKeon Rd.; said work is estimated to cost $248,000.00.

 

36.     Request the Worcester Regional Transit Authority provide the City Council with a copy of their policy concerning the use of air conditioning in their fleet of busses.

37.     Request City Manager and the Chief Development Officer to work to plan a community-wide MBTA service delivery plan for improvements between South Station and Union Station.

 

38.     Request City Manager communicate with the MBTA to request they consider the following:  To adjust the morning reverse commute train so that it leaves Boston at a time later than the current 4:55 A.M. and to add a late night (Midnight) outbound train on weekends.

 

39.     Request the Traffic & Parking Committee to consider concerns raised at a meeting of the Committee on Public Service & Transportation concerning the enforcement of on-street parking regulations in Suffolk St.

 

ORDERS

 

40.     Request Administration report within two weeks on status of the possible sale of Centrum naming rights.  (Irish)

          Adopted

 

41.     Request Administration report concerning the feasibility and procedure of providing more resources and services to the Parks Department to maintain public parks and grounds by using the resources of the Public Works Department or any other city department or any other sources of funding than currently designated. (Lukes)

          Councillor Abraham moved to amend:  Further, request City Manager report as to what resources and services are presently provided to the Parks Department.

 

          Adopted, as amended

 

42.     Request City Manager and Administration develop a plan to spray in the City of Worcester in 2001 against mosquito deposits and to combat the spread of the West Nile Virus.  (Gomez)

          Adopted

 

43.     Request City Manager consider the use of CDBG monies to fund a food pantry at Quinsigamond Village Community Center. (Clancy)

          Adopted

 

44.     Request City Manager consider hosting a meeting with our Federal and State Legislators and the CEO’s of Holy Cross, P & W, Liberty Properties and the Heritage Park Corridor to discuss the current designs and plans for the 146 Corridor, Visitors Center and the expansion of a community development corporation in a designated Canal District.  (Clancy, Nadeau, Murray)

 

          Adopted

 

45.     Request City Manager consider funding six (6) unfunded vacancies within the Worcester Police Department.  (Perotto)

 

          Councillor Perotto moved to amend:  Further, request City Manager to consider funding the 10 unfunded vacancies in the Fire Department.  Also to add Councillor Petty as author of the Order.

 

          Adopted, as amended

 

46.     Request City Manager provide a report on the amount of tax levy and grant dollars spent on all neighborhoods across the City of Worcester, report to include streets, sidewalks, parks, schools and lighting. (Perotto)

 

          Councillor Irish moved to amend to change to Districts rather than neighborhoods.  Mayor Mariano amended to request the City Manager to define neighborhoods across the City in a term other than District.

 

          Adopted, as amended.

       

47.     Request City Manager provide a report on the cost of mounted police patrols in the center city area.  (Perotto, Petty)

          Denied on a roll call 5-6

 

          Yes: Abraham, Irish, Murray, Perotto, Petty

          No:  Clancy, Gomez, Lukes, Nadeau, Patton, Mariano

 

48.     Request City Manager provide the City Council with data from communities that have enacted local programs designating safe hours for children for door-to-door Halloween trick-or-treating activity. (Murray)

 

          Adopted

 

49.     Request Administration report to the City Council on MassPort’s solicitation for a consultant to perform a twenty-year Master Plan for the Worcester Regional Airport.  (Murray, Abraham, Petty)

          Adopted

 

50.     Request the Chief Development Officer to investigate with the MBTA the feasibility of them redirecting to South Station for overnight storage one of their trains currently stored overnight in Worcester so that a reverse-commute train may be implemented during the weekday rush hour arriving at Union Station between 7:45 and 8:00 A.M. (Murray)

 

          Councillor Abraham moved to amend:  Further, request Chief Development Officer to continue his dialogue with the MBTA and seek more trains and re-examine the present train schedule as it will exist at the end of April.

 

          Adopted, as amended

 

51.     Request City Manager’s Office to consider assisting Oak Hill CDC and Worcester Academy in scheduling a community meeting to discuss common issues.  (Clancy)

         

          Placed on file – meeting set

 

52.     Request Administration report to the City Council on New Haven, Connecticut’s snow emergency towing policy and further advise City Council as to whether the Administration recommends a similar policy.  (Clancy)

 

          Adopted

 

53.     Request City Manager communicate to the Massachusetts Highway Department the City’s support of including benches along the Blackstone River in the Hurley Square design.  (Clancy)

 

          Adopted

 

54.     Request Administration report on the number of positions in this year’s fiscal budget authorized but not filled and the number of new positions that have been created since the approval of the budget, the cost of the positions budgeted, created and/or voted, whether tax levy or other funding, and the title of the positions reported.  (Lukes)

          Adopted

 

55.     Request Administration report on whether sewer and water rates will be increased in the next fiscal year.  (Lukes)

Adopted

 

55a.   Request City Manager to report as to his plans for another Firefighter class and if the City will be forty (40) firefighters short at the end of this year.  Motion – Petty @ #45 CC – Adopted

 

55b.   Request Administration to contact the public and City Council in the event that MassPort or anyone else takes action with respect to development of the Worcester Regional Airport or the surrounding area.   Motion-Abraham @ #49CC – Adopted

 

55c.   Request City Manager report to City Council on the outreach efforts to bring seniors into the Senior Center.  Said report to focus on (1) seniors who do not have access to private transportation, (2) seniors who live in public and subsidized housing.    Mariano – Suspension of Rules – Adopted

 

55d.   Request Administration to consider the use of Marketing Department funds to attract additional amateur athletic events and their consequent economic benefits to the City.    Irish – Suspension of Rules – Adopted

 

55e.   Request Administration report on the source and reasons for noxious chemical odors which have occurred nightly for the past six (6) weeks in the Burncoat/Ararat St. area.  Lukes – Suspension of Rules – Adopted

 

55f.    Request City Manager to follow up and report back to City Council on the possibility that some of the $125 million that has been allocated for the new Court House may not be available because of the fact that the Probate Court and Registry of Deeds is going to stay in the existing structure.   Abraham – Suspension of Rules – Adopted

 

55g.   Request City Manager to contact the business at the corner of Piedmont St. and Murray Ave. to ask for snow removal from their roof as this is a safety hazard for children attending the Jacob Hiatt School.  Petty – Suspension of Rules – Adopted

 

55h.   Request Public Safety Departments to report concerning some of the issues pro and con to date relative to the new winter parking ban in comparison to previous years.  Murray – Suspension of Rules

 

          Councillor Lukes moved to amend – Further, request a report on the capacity of the City’s facilities, private and public, for towing vehicles on any particular night or weekend.

 

          Adopted, as amended

 

55i.    That the City Council meetings of February 20, 2001 and April 17, 2001 are hereby cancelled.  Mariano – Suspension of Rules - Adopted

 

COMMUNICATIONS

 

56.     Thomas R. Hoover, City Manager requesting the adoption of a resolution to file and accept a Waste to Energy Grant Program from the Massachusetts Technology Park Corporation.

 

Resolution adopted – Reconsideration denied on a voice vote

 

57.     James DelSignore, City Auditor transmitting report on the policy of the Worcester Regional Transit Authority concerning employee benefits, if any, accruing from unused sick time.

 

Recommitted to the City Auditor to check on whether there has been or is less sick pay used by the older employees who are closer to retirement

 

58.     Department of Telecommunications and Energy – Notice of Investigation into the appropriate pricing, based upon Total Element Long Run Incremental Costs, for unbundled network elements and combinations of unbundled network elements to be charged by Verizon New England, Inc. d/b/a Verizon Massachusetts, as well as Appropriate Avoided Cost Discount for Verizon’s Resale Services, in the Commonwealth of Massachusetts.

Referred to Public Service & Transportation Committee

 

59.     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.

 

REPORTS

 

60 ACCEPTED & ORDER ADOPTED

 

60.     REPORT OF THE COMMITTEE ON ETHNIC & MINORITY AFFAIRS Upon the Communication of the City Manager transmitting communication relative to Americans with Disabilities Act Transition Plan:   recommend adoption of the accompanying order.

 

61-70 ACCEPTED

 

61.     REPORT OF THE COMMITTEE ON LAND USE Upon the Petition of Joan L. Crowell, President of Leesville Pond Watershed and Neighborhood Association in order to protect and preserve our neighborhoods, will the City Council go on record to support a petition that would oppose involuntary taking of properties, providing there are no long term municipal liens on the property:   recommend Petition be placed on file.

 

REPORT OF THE COMMITTEE ON LAND USE Upon the following Orders:  recommend Orders be placed on file.

 

62.     Mayor Raymond V. Mariano request Land Use Committee to look at rules and regulations limiting outdoor advertising in certain sections of the City.

 

63.     Councillor Stacey DeBoise Luster request City Manager to provide a report relative to resale price, size of property and names of purchasers of abandoned lots.

 

64.     Councillor Janice L. Nadeau request City Manager to provide a report on abandoned lots including if properties are back on the tax rolls, how many were transferred without cost and how many are for gardens.

 

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

 

65.     Transmitting communication relative to the criteria used to determine whether a street is legally on the Official Map.

 

66.     Transmitting communication relative to Drainage Mitigation – Allowed Uses.

 

67.     Transmitting communication relative to Lamar Advertising application to install billboards in the Route 146 corridor.

 

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

 

68.     Transmitting communication relative to House Bill 3210.

 

69.     Transmitting communication relative to property tax exemption on mixed use development.

 

70.     REPORT OF THE COMMITTEE ON LEGISLATIVE AFFAIRS Upon the Report of the Committee on Public Works upon the Order of Councillor Konstantina B. Lukes request Public Works Committee invite comment and review by the Property Owners Association and the Bar Association of the Special Legislation for financing of Street Betterment Assessments:  recommend the Report and Order be placed on file.

          71 ACCEPTED & ORDER ADOPTED ON ROLL CALL 11-0

 

71.     REPORT OF THE COMMITTEE ON ORDINANCES Upon the Report of the Planning Board upon the Petition of Attorney Richard Silver on behalf of Albert Gould III request that Carter Way be added to the Official Map since it was left off in error when the Official Map was adopted by the City of Worcester in 1953:  recommend adoption of the accompanying order.

 

          72-79 ACCEPTED & ORDERS ADOPTED

 

          REPORT OF THE COMMITTEE ON PUBLIC SERVICE & TRANSPORTATION Upon the  following Petitions requesting street lights be upgraded:  recommend adoption of the accompanying order.

 

72.     Councillor Timothy P. Murray and Councillor Michael C. Perotto request lighting on Suffolk St. be upgraded to 9600 h.p.s.

 

73.     Ann Baily request a brighter street light in the vicinity of 67 Lovell St.

 

74.     Councillor Timothy P. Murray and Councillor Stephen G. Abraham request to increase lumens in Lovell St. area from May St. to Park Ave., Englewood, Ferdinand and Maywood Sts. where they intersect with Lovell St.  

 

75.     REPORT OF THE COMMITTEE ON PUBLIC SERVICE & TRANSPORTATION Upon the Petition of David J. Rushford request installation of two street lights in Drury Lane between Park Ave. and Regent St.:  recommend adoption of the accompanying order to install one 9600 lumen h.p.s. colonial style street light in Drury Lane between Park Ave. and Regent St., subject to funding.

 

76.     REPORT OF THE COMMITTEE ON  PUBLIC SERVICE & TRANSPORTATION Upon the Petition of Councillor Joseph M. Petty request installation of a street light on existing pole at 18 Peacedale Ave.:  recommend adoption of the accompanying order.

 

77.     REPORT OF THE COMMITTEE ON PUBLIC SERVICE & TRANSPORTATION Upon the Petition of Councillor Konstantina B. Lukes on behalf of Eric Lind request City grant permission to me to have Mass. Electric relocate street light #15 in front of 43 Indian Hill Rd. ten feet to the western side of the property.  The existing street light is now directly in the middle of my newly constructed home driveway.  To be done at the expense of the petitioner:  recommend adoption of the accompanying order.

                                                         

78.     REPORT OF THE COMMITTEE ON PUBLIC SERVICE & TRANSPORTATION Upon the Report of the Traffic & Parking Committee upon the Petition of Councillor Timothy P. Murray on behalf of Marion Morin request to extend the terminus of the #21 WRTA Highland/Assumption College bus to Barry Rd. and to install a new bus stop at that terminus, the corner of Salisbury St. and Barry Rd:  recommend the adoption of the accompanying order.

 

79.     REPORT OF THE COMMITTEE ON PUBLIC SERVICE & TRANSPORTATION Upon the Petition of Councillor Janice L. Nadeau on behalf of residents of 1050-1060 Main Street request WRTA replace the bus shelter in front of 1050-1060 Main St. with a new shelter that has benches: recommend adoption of the accompanying order.

          80-88 ACCEPTED

 

80.     REPORT OF THE COMMITTEE ON PUBLIC SERVICE & TRANSPORTATION Upon the Petition of Mayor Raymond V. Mariano on behalf of Richard Robinson request WRTA to erect a bus shelter on Chandler St. at Queen St. in the vicinity of Community Health Link:  recommend Petition be placed on file.

 

          REPORT OF THE COMMITTEE ON PUBLIC SERVICE & TRANSPORTATION Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

81.     Transmitting communication regarding the commencement of the commuter rail service by the MBTA from Worcester’s Union Station to Boston.

 

82      Transmitting communication relative to Commuter Rail Service.

 

83.     Transmitting communication relative to Expansion of Commuter Rail Service.

 

84.     Transmitting communication relative to the extension of MBTA Commuter Rail Service to our Union Station.

 

85.     Transmitting communication relative to conducting a hearing in the City of Worcester with regards to the MBTA 2001 – 2006 Capital Improvement Plan.

 

86.     Transmitting communication relative to the Capital Investment Program Report received from the MBTA.

 

87.     Transmitting communication relative to the policy of the WRTA regarding bus air conditioning.

 

88.     REPORT OF THE COMMITTEE ON PUBLIC SERVICE & TRANSPORTATION Upon the Communication of  Helen Friel, Assistant to the Superintendent/Clerk of the School Committee transmitting report on the number of Worcester Public School students who reside in Great Brook Valley and are issued bus passes to use the WRTA:  recommend Communication be placed on file.

 

TABLED ITEMS  - No Action Taken

 

89.     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) 

 

90.     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)

 

91.     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)

 

          SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

JANUARY 29, 2001                  HEALTH              COUNCIL CHAMBER

  4:00 – 6:00 P.M.

 

 

JANUARY 29, 2001          PUBLIC WORKS        COUNCIL CHAMBER

       6:00 P.M.

 

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)