CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – APRIL 3, 2001

7:00 P.M.

Convened:  7:14 P.M.

Adjourned:  9:20 P.M.

 

 

1.       INVOCATION –  Sister Therese Dion, Executive Director

Office of Ecumenism

Diocese of Worcester

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present

 

Mayor Mariano read a Proclamation proclaiming April 3, 2001 as Equal Pay Day in Worcester

 

FIRST ITEM OF BUSINESS

 

4.       Report of the City Manager relative to the status of Union Station development, including but not limited to:  1) Intermodal transportation; 2) Parking garage;  3) Washington Square traffic configuration;  4) Development inside Union Station;  5) Development outside Union Station.

 

5.       ITEMS OF CITIZEN INTEREST

 

5a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          6 REFERRED TO PLANNING BOARD

 

6.       Lori Skidmore-Irvine request removal of Dixfield Rd. (paper street) from the Official Map.

 

 

          7-9 REFERRED TO PUBLIC WORKS COMMITTEE

 

7.       Abby Rad, Pro Tech, Inc. request to extend water main approximately 180 ft. in Onset St. to Lots 1, 2, 3 & 4.  To be done at Petitioner’s expense.

 

 8.      Councillor Paul P. Clancy, Jr. request resurfacing of Hancock Hill Dr. from Ardmore Rd. northerly and westerly to Kanes Crossing.

 

9.       Councillor Paul P. Clancy, Jr. request Public Works repair sidewalk at 140 Perry Ave.

 

          10 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

10.     Mozam Qutab, Ayurveda International, Inc. request a Commercial Loading Zone in front of 21 West St.

 

ORDERS

 

10a.   Request Administration report on the impact on parking and the City’s ability to provide parking at the Worcester Regional Airport as a result of additional flights.   Motion-Lukes @ #3A CM – Adopted

 

10b.   Request Administration report as to why one lane on Shrewsbury St. is being closed for the Harley-Davidson Owner’s Group Convention and the process by which it was decided that Shrewsbury St. should be closed.  Further, request a report from the City of Milwaukee as to the cost to that City in terms of Public Works, Police and expenses incurred by the City as a result of the convention.  Motion-Abraham @ #7E CM – Adopted

 

10c.   Request Fire Chief report back to City Council once the grant application for the Fire Act Grant has been submitted.  Motion-Petty @ #12B CM – Adopted

 

10d.   Request City Manager report as to his suggestions on how he is going to tackle the issue of health care costs.   Motion-Petty @ #13B CM – Adopted

 

10e.   That the City Council hereby supports allowing City employees to serve on Boards and Commissions and recommends to the City Manager that course of action.  Motion-Murray @ #16B CM

 

          Councillor Abraham moved to amend: Further, request Administration to consider adopting a policy where City employees are allowed to serve on Boards and Commissions except where Items 1, 2 and 3 of the City Solicitor’s report of March 20th come into play.  Adopted, as amended.

 

10f.    Request City Manager report what the other 39 municipalities do relative to the issue of employees serving on Boards and Commissions.  Motion-Clancy @ #16B CM – Adopted

 

10g.   Request Administration to look into Satellite City Halls where parking is convenient for the public during the renovation of the City Hall garage.  Motion-Murray @ #18B CM – Adopted

 

10h.   Request Administration to consider the Outlet Mall and the Senior Center as Satellite City Halls for paying taxes during the renovation of the City Hall garage.  Motion-Gomez @ #18B CM – Adopted

 

10i.    Request Administration report on what policy, if any, exists relative to the possession of tobacco products in the Worcester Public Schools.  Motion-Irish @ #21A CM – Adopted

 

10j.    Request City Solicitor to provide a legal opinion on whether there are any state laws preventing Internet sales of tax free cigarettes and what kind of proof is required.  Motion-Lukes @ #21A CM – Adopted

 

10k.   Request Administration to provide a detailed report at a subsequent meeting, on all scenarios relative to a parking garage for Union Station.  Motion-Mariano @ #44CC & 7F CM – Adopted

 

10L.   Request City Manager to use the format as used in Item 7F of the City Manager’s Calendar of April 3, 2001 in future reports on the status of Union Station development and that any changes to the documents just be italicized.  Further, request additional information be added to the report relative to timeframes for bus ports and an additional page or pages be added relative to the status of securing a developer.  Motion-Mariano @ #4CC & 7F CM – Adopted

 

10m.  Request Administration to forward to every resident of Kenberma Rd. the report of the Commissioner of Public Works submitted every other week on the installation of a valve in Kenberma Rd.  Motion-Mariano – Suspension of Rules at beginning of meeting

 

10n.   Request City Manager and Commissioner of Public Works to commit themselves to the installation of a valve in Kenberma Rd. with all due haste and speed and that the City Council be kept apprised of the situation every other week until the valve is in place and running.  Motion-Clancy – Suspension of rules at beginning of meeting

 

10o.   Request Administration provide City Council with a comprehensive report on the next City Manager’s Calendar as to dates and times that the communications system at the Police and Fire Departments have been down, the problem and the solution.  Petty – Suspension of Rules – Adopted

 

10p.   Request Administration report at the April 10, 2001 City Council meeting as to the process used and that families be notified in advance of hydrants being flushed.   Mariano – Suspension of Rules - Adopted

 

11.     COMMUNICATIONS OF THE CITY MANAGER

 

THOMAS R. HOOVER

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR April 3, 2001

 

APPOINTMENTS

 

1. NON-CITY COUNCIL CONFIRMATION:

 

          A.      Notification of Constable appointment – Patricia Morrissey

 

          Placed on file

 

B.      Notification of the appointment of sworn weighers for the year 2001.

 

Placed on file

 

2. CITY COUNCIL CONFIRMATION:

 

TRANSMITTAL

 

3. AIRPORT:

 

A.      Communication relative to American Eagle Launches New England Jet Service between Worcester, Mass. and Chicago’s O’Hare, and the announcement of additional flights by ASA/Delta to and from Atlanta.

 

Referred to Public Service & Transportation Committee

 

B.      Recommend that the City Council approve the filing and acceptance of Federal Aviation Administration (FAA) and Massachusetts Aeronautics Commission (MAC) grants.

 

          Order adopted

 

4. ASSESSORS:

 

A.      Communication relative to Feasibility of Changing the Tax Classification of Vacant and Abandoned Properties.

 

Placed on file

 

B.      Communication relative to the City’s 25 Highest Commercial Tax Payers for the years 2000 and 2001.

 

Referred to Municipal Operations Committee

 

5. BUGET OFFICE:

 

6. COMMUNICATIONS:

 

7. ECONOMIC DEVELOPMENT:

 

A.      Communication relative to Utilizing Phrase “Downtown Worcester”.

 

Placed on file

 

B.      Communication relative to Economic Development Literature.

 

Referred to Commerce & Development Committee

 

C.      Communication relative to Consumer & Visitor Literature.

 

Referred to Commerce & Development Committee

 

D.      Request adoption of a Resolution to rescind the Certified Project of the Daniel Freelander Nominee Trust.

 

Resolution adopted

 

E.      Communication relative to Harley – Davidson Owner’s Group Convention.

 

Placed on file

 

F.                Communication relative to Monthly Update on Union Station’s Development.

 

Referred to Commerce & Development Committee

 

G.               Communication relative to Public-Private Partnership for Marketing of the City of Worcester.

 

Referred to Commerce & Development Committee

 

H.               Communication relative to Super Stop & Shop/Footprint of the Lincoln Plaza Project.

 

Referred to Commerce & Development Committee

 

8. ELDER AFFAIRS:

 

9. ELECTION COMMISSION:

 

10. EMERGENCY MANAGEMENT SERVICES:

 

11. EMPLOYMENT & TRAINING:

 

12. FIRE:

 

A.      Request that a donation from Mr. Stephen Province in the amount of $500.00 to benefit fire prevention school programs, and a donation from Jonathan Quinlan in the amount of $500.00 to be used for firefighting equipment, be accepted with gratitude.

 

Order adopted with gratitude

 

B.      Communication relative to the Requirement to apply for the Fire Act Grant.

 

Referred to Public Safety Committee

 

13. HUMAN RESOURCES:

 

          A.      Communication relative to Chapter 235 of the Acts of 1994.

 

          Referred to Legislative Affairs Committee

 

B.      Communication relative to Health Insurance Costs for the Current Year and Future Years.

 

Mayor Mariano recused on a roll call 10-0

 

Referred to Finance Committee and Health Committee

 

C.      Request adoption of a Ordinance Amending the Salary Ordinance of August 20, 1996 Occupational Group R – Laborer and Craftsman.

 

Voted to advertise proposed Ordinance

 

14. HUMAN RIGHTS:

 

15. INFORMATION SERVICES:

 

16. LAW:

 

A.      Communication relative to Fluoridation, Holden, and Ballot Questions.

 

          Referred to Health Committee

 

B.      Communication relative to city employees serving on boards and commissions.

 

          Tabled

 

17. LICENSE COMMISSION:

 

18. NEIGHBORHOOD SERVICES:

 

A.      Request adoption of a Resolution to file and accept a FY 2001 DARE Summer Day Program Grant with the Governor’s Alliance against Drugs.

 

Resolution adopted

 

B.      Communication relative to City Hall Elevator Replacement Project.

 

Placed on file

 

C.      Communication relative to Neighborhood Grant Initiative (a/k/a Challenge Grants).

 

Referred to Community Development Committee

 

D.      Communication relative to Expenditures Incurred by the Pleasant Street Network Neighborhood Center.

 

Placed on file

 

E.      Communication relative to an Application for Fee Waiver for the Upland Associates to rehabilitate the Upland Gardens.

 

Order adopted on a roll all 10-0 (Abraham absent)

 

F.      Communication relative to Census 2000 Neighborhood Data Released To-date.

 

Placed on file

 

19. PARKS, RECREATION & CEMETERY:

 

A.      Request adoption of a Resolution to file and accept a Grant from the Massachusetts Department of Education for the 2001 Summer Food Service Program.

 

Resolution adopted

 

B.      Communication relative to Grant Award – Heritage Tree Care Grant.

 

Placed on file

 

20. POLICE:

 

21. PUBLIC HEALTH & CODE ENFORCEMENT:

 

A.      Communication relative to Ordinances in Effect in New England Cities and Towns that Establish a Penalty Against a Minor Who Purchases Tobacco.

 

          Referred to Health Committee

 

B.      Communication relative to the appointment of members to a Task Force  Relative to HIV, AIDS, Hepatitis C.

 

Placed on file

 

22. PUBLIC LIBRARY:

 

23. PUBLIC SCHOOLS:

 

24. PUBLIC WORKS:

 

          A.      Communication relative to Yard Waste and Leaf Program.

 

          Referred to Public Works Committee

 

B.                Communication relative to Spring Sweeping Program.

 

Referred to Public Works Committee

 

C.               Request the adoption of the attached order of Taking of the Property Located at 76 East Worcester Street.

 

Order adopted

 

D.               Communication relative to Lowering Roadway Profile Under Railroad Bridge on Southbridge Street between Hammond Street and Lafayette Street.

 

Placed on file

 

25. PURCHASING:

 

26. TREASURY:

 

A.      Communication relative to Community Preservation Act, Borrowing – Inside or Outside of Debt Limit.

 

Referred to Land Use Committee and Fees & Charges Committee

 

27. VETERAN’S SERVICES:

 

28. FINANCE:

 

A.               Recommend that One Million Two Hundred Sixty Five Thousand Dollars ($1,265,000.00) be transferred from Account #91C790 School Construction and appropriated to Account #33C718, Forest Grove Construction, to provide funds for the payment of Contractual, Architectural, Structural and Clerk of Works obligations, associated with the construction of Forest Grove School.

 

Order adopted on a roll call 11-0

 

B.      Recommend that Three Hundred Ninety Thousand Dollars  ($390,000.00) be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #72C705, Hope Cemetery Administration Building, to provide funds for the purpose of payment for contractual obligations associated with the construction of Hope Cemetery Administration Building.

 

          Order adopted on a roll call 11-0

 

C.      Recommend that Fifty Six Thousand Six Hundred Eight Dollars ($56,608.00) be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #75C702, Civic Center Rehabilitation, to provide funds for the purpose of payment for contractual obligations associated with the seat replacement and riser repairs at the Centrum Centre.

 

          Order adopted on a roll call 11-0

 

D.      Recommend that Thirty Thousand Six Hundred Eighty One Dollars ($30,681.00) be transferred from Account #91C738, Reservoir Rehabilitation, and appropriated to Account #45C728, Reservoir Rehabilitation, to provide funds for the payment of contractual obligations related to various Reservoir Rehabilitation projects, as approved in the Capital Improvement Program.

 

Order adopted on a roll call 11-0

 

E.      Recommend that Seventy Five Thousand Dollars ($75,000.00) be transferred from Account #91C741, Street Resurfacing, and appropriated to Account #41C768, Private Street Conversion/Betterments, to provide funds for the payment of contractual obligations related to various Private Street conversion programs, as approved in the Capital Improvement Program.

 

Order adopted on a roll call 11-0

 

F.      Recommend that Seventy Thousand Dollars ($70,000.00) be transferred from Account #91C737, Water Meters, and appropriated to Account #45C794, Water Meters, to  provide funds for the payment of contractual obligations related to various residential Water Meter installation projects, as approved in the Capital Improvement Program.

 

Order adopted on a roll call 11-0

 

G.      Recommend that One Hundred Six Thousand Eight Hundred Dollars ($106,800.00) be transferred from Account #91C780, Capital Equipment, when and as received, and appropriated to Account #11C701, City Messenger Capital Equipment, to provide funds for the purpose of purchasing and the complete installation of ergonomically correct office furniture for various citywide departments, as approved in the Capital Improvement Program.

 

Order adopted on a roll call 11-0

 

H.      Recommend that Thirty Eight Thousand Five Hundred Dollars ($38,500.00) be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #11C702, City Messenger Rehabilitation, to provide funds for the purpose of payment for contractual obligations associated with the following citywide Building Rehabilitation projects:

         

          Installation of Fixtures City Hall/Auditing                $13,000.00

          Replacement of carpeting for Human Resources     $  7,500.00

          ADA improvements at City Hall                              $18,000.00

                                                                                      $38,500.00

 

          as approved in the Capital Improvement Program.

 

Order adopted on a roll call 11-0

 

I.                   Recommend that Twenty Six Thousand Two Hundred Ninety One Dollars Fifty Six Cents ($26,291.56) be transferred from Account # 91C780, Capital Equipment, when and as received, and appropriated to Account #72C701, Parks Department Capital Equipment, to provide funds for the purpose of purchasing capital equipment for the Parks Department, as approved in the Capital Improvement Program.

 

Order adopted on a roll call 11-0

 

J.       Recommend that Twenty Five Thousand Dollars ($25,000.00) be transferred from Account #330-15 Reserve for Appropriation Conservation Fees and appropriated to Account #04S406, Conservation Commission, to provide funds for the purpose of reimbursing bondage funds to the developer of Massasoit Village subdivision for wetlands protection.  These funds represent bondage money requested by the Worcester Conservation Commission, posted by the Massasoit Village developer in 1991 to ensure the completion of the detention basin.

 

Order adopted on a roll call 11-0

 

K.      Recommend that Three Thousand Dollars ($3,000.00) be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #55C703, Worcester Public Library Rehabilitation, for the purpose  of providing funds to remedy a serious safety situation associated with the electrical utility pole that serves the Frances Perkins Library.

 

Order adopted on a roll call 11-0

 

29. MISCELLANEOUS:

 

A.      Communication to Governor Paul Cellucci requesting assistance  relative to Declaration of  Emergency March 2001.

 

          Placed on file

 

COMMUNICATION

 

12.     Mary L. MacInnes, Administrator, Worcester Regional Transit Authority transmitting the Annual Report for fiscal year 2000 for the Worcester Regional Transit Authority.

 

Placed on file

 

13.     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.

 

 

REPORT

 

          14 REFERRED TO ORDINANCE COMMITTEE FOR A HEARING

 

14.     REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Jonathan Finkelstein on behalf of Francis W. Madigan, Jr. requesting City of Worcester to amend the Zoning Map by changing the zoning designation of property fronting Mason St. and shown on Assessors Map 6, Block 19, Lots 26 and 27 from RG-5 to MG-1.0.

                                                  

TABLED ITEMSNo Action Taken

 

15.     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)

 

16.             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 29, 2000)

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

APRIL 2, 2001           COMMERCE &                 LOCAL 170

      6:00 P.M.             DEVELOPMENT               BUSINESS OFFICE

                                                                                805 MILLBURY ST.

 

Re: Communication of the City Manager relative to Completion of an Economic Development Plan for the re-use of the Greenwood St. Landfill

 

 

APRIL 3, 2001             PUBLIC SAFETY            COUNCIL CHAMBER

      6:00 P.M.

 

     Re: Statute establishing an age limit of 32 for entry to the positions of Firefighter and Police Officer

 

 

APRIL 4, 2001            FEES & CHARGES         COUNCIL CHAMBER

      5:30 P.M.

 

 

APRIL 5, 2001                MUNICIPAL                COUNCIL CHAMBER

      4:00 P.M.                 OPERATIONS

 

 

APRIL 9, 2001              COMMERCE &             COUNCIL CHAMBER

      6:00 P.M.                 DEVELOPMENT

 

     Re:  Amendment to the Union Station Urban Revitalization

             Plan (USURP)

 

 

APRIL 10, 2001                    HEALTH                COUNCIL CHAMBER

 5:00 – 7:00 P.M.