CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – JUNE 15, 2004

7:00 P.M.

Convened:  7:14 P.M.

Adjourned:  9:50 P.M.

 

 

1.       INVOCATION –  Rev. David Crabtree

First Assembly of God

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present except Councillor Rushton who arrived at 7:16 P.M.

 

FIRST ITEM OF BUSINESS

 

          4 – Taken with #15A of the City Manager’s Calendar - Adopted

 

4.       Order – Request City Council to eliminate the evaluation of the Acting City Manager scheduled for June 29, 2004. (Lukes, Haller, Gomez)  (Attachments)

 

5.       ITEMS OF CITIZEN INTEREST

 

5a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          6 – REFERRED TO PLANNING BOARD

 

6.       John Bottis et al request to make public Maranda St. (Attachments)

 

6a.     Councillor Barbara Haller on behalf of Eileen Schonberg request upgrade of street light across from 1 Hancock St.  Referred to Public Service & Transportation Committee – Suspension of Rules (Attachments)

 

          7-15 – REFERRED TO PUBLIC WORKS COMMITTEE

 

7.       Frederick Hutson & Nancy Burnham request abatement of Sewer Assessment #30930 in the amount of $4,684.64 on Burgess Rd.

          (Attachments)

 

8.       Paula Czepiel & Terrance Barnicle request sidewalk repair on Nevada St. at rear of 33 Monroe Ave.  (Attachments)

 

9.       William Galli request to extend 8” sanitary sewer on Lovell St. a distance of 119’.  (Attachments)

 

10.     Ernest & Barbara Melanson et al request to extend municipal services to include 35-41 Chiltern Hill Drive North, specifically trash pickup, snowplowing and leaf sweeping.   (Attachments)

 

11.     Dan Abraham request resurfacing of 1-46 Copperfield Rd. (Attachments)

 

12.     Dan Abraham request resurfacing of 47-86 Copperfield Rd. (Attachments)

 

13.     Dan Abraham request resurfacing of 87-133 Copperfield Rd. (Attachments)

 

14.     Councillor Barbara Haller request sidewalk repair on Winfield St. from Dewey St. to Mason St.  (Attachments)

 

15.     Councillor Joseph Petty on behalf of David Freeman request Public Works clear brush obstructing sidewalk in vicinity of 60 Walworth St.

          (Attachments)

 

          16-20 – REFERRED TO TRAFFIC & PARKING COMMITTEE

 

16.     Karen Held request Dead End and Slow Children signs on Warner Ave.  (Attachments)

 

17.     Carmen Vazquez request resident permit parking on Falmouth St. (Attachments)

 

18.     Joseph Metivier request resident only parking from 37-42 Agate Ave. (Attachments)

 

19.     Attorney Robert Longden on behalf of Shaw’s Supermarket, Inc. request City of Worcester enter into a prior agreement and/or traffic control agreement with Shaw’s Supermarket, Inc. and/or any other necessary parties to perform traffic improvements set forth in a Definitive Site Plan Approval decision of the Planning Board dated December 3, 2003 relative to construction of a new Shaw’s Supermarket on a parcel located off 88 Stafford St. (Attachments)

 

20.     Oswin Notice, Jr. & Elizabeth Dupuis request handicap parking in front of 24 Euclid Ave.  (Attachments)

 

ORDERS

 

20a.   Request Administration to provide a report as to budget figures, revenue collected and deficits in all revenue accounts for Fiscal Year 2004.  Motion-Lukes @ #5A CM

 

           Councillor Petty moved to amend: That report be provided at the end of Fiscal Year 2004 and by month.

 

            Adopted, as amended (Attachments)

 

20b.   Request Administration report as to the number of uniformed officers in Fiscal Year 2003 and Fiscal Year 2004 and compare the differences for the number of tickets written in both years.  Motion-Clancy @ #5A CM – Adopted  (Attachments)

 

20c.   Request Administration to report on the City’s role in the future plans for the School of Performing Arts and to advise City Council of any additional steps the City might be able to take in order to make this project a success.       Motion-Haller @ #8B CM – Adopted

          (Attachments)

 

20d.   Request City Manager to consider additional staff in the Veterans Services office if funding becomes available.  Motion-Perotto @ #17B CM – Adopted  (Attachments)

 

20e.   Request Police Department, in its capacity as the administrative agent to the License Commission, to continue to monitor Bravo Pizzeria & Restaurant as relates to violations of the noise ordinance and the entertainment license.   Motion-Haller @ #16B CM – Adopted (Attachments)

 

20f.    Request Administration to report on June 30th figures for all the years there are still encumbrances outstanding for the Block Grant.  Motion-Clancy @ #17C CM – Adopted  (Attachments)

 

20g.   Request Administration to provide a report for the month of June relative to crime statistics for Autumn Woods.  Motion-Clancy @ #19B CM – Adopted  (Attachments)

 

20h.   Request Administration to provide a report as to the number of residents in Autumn Woods.  Motion-Gomez @ #19B CM – Adopted   (Attachments)

 

20i.    Request Administration report as to the amount of revenue realized from the citations issued for violation of the noise ordinance on Main and Thomas Sts.  Motion-Irish @ #19C CM – Adopted  (Attachments)

 

20j.    Request Administration to provide a monthly report relative to the number of citations issued for violation of the noise ordinance and location of violation.  Motion-Clancy @ #19C CM – Adopted  (Attachments)

 

20k.   Request Administration to provide a report relative to the number of murders in New England cities of  similar size to Worcester.  Motion-Irish @ #19E CM – Adopted   (Attachments)

 

20L.   Request Administration to report relative to what their authority is over their ability to regulate the sale of motor bikes and scooters.  Report to include the City’s ability to enforce public safety standards.  Irish – Suspension of Rules  

 

Councillor Clancy moved to amend:  Further, request report include what section of the noise ordinance would motor bikes and scooters fall under.

 

Adopted, as amended  (Attachments)

 

20m.  Request City Manager to recommend an ordinance that outlaws motor scooters in the City of Worcester.  White – Suspension of Rules – Adopted   (Attachments)

 

20n.   Request Police Chief to provide a report on accidents at the intersection of Hadwen Rd., June St. and Lovell St.  Lukes – Suspension of Rules

 

Mayor Murray moved to amend: Further, request report include information as to whether a 4-way Stop or other type of traffic control at the intersection of Hadwen Rd. and Morningside Rd. would be appropriate.

 

Adopted, as amended   (Attachments)

 

20o.   Request Administration to provide repair of Beacon St. from Madison St. to May St. and to report on timeline for such.  Haller – Suspension of Rules – Adopted   (Attachments)

 

20p.   Request Administration to repair what appears to be a water leak on Beacon St. in the vicinity of Hermon/Jackson Sts.  Haller – Suspension of Rules – Adopted   (Attachments)

 

20q.   Request Administration to remove graffiti at the corner of Cambridge and Pitt St., on Ames St. at Vernon Hill Playground House and at the telephone box at the corner of Heywood St. and Grafton St.  Murray – Suspension of Rules – Adopted   (Attachments)

 

21.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

ACTING CITY MANAGER

 

CITY COUNCIL CALENDAR FOR JUNE 15, 2004

 

APPOINTMENTS

 

1.  NON-CITY COUNCIL CONFIRMATION:

 

A.      Notification of Constable appointment – Stephen Kalil.. (Attachments)

 

                   Placed on file

 

B.      Notification of the appointment of Herbert W. Donahue, and Bruce M. Wahle, and the reappointment of Michael T. Doherty, Gary J. Vecchio, and Paul A. Belsito to the Parks, Recreation and Cemetery Commission. (Attachments)

 

                   Placed on file

 

C.      Notification of the appointment of Sally E. Jablonski as an alternate member and the reappointment of Michael E. Theerman, M.D. to the Historical Commission. (Attachments)

 

                   Placed on file

 

D.      Notification of the appointment of Joseph E. Zwirblia, and the reappointments of Robert Z. Nemeth and Thomas F. Gorham, III to the Airport Commission. (Attachments)

 

                   Placed on file

 

2.  CITY COUNCIL CONFIRMATION:

 

A.      Notification of the appointment of Timothy Herlihy to the Hope Cemetery Board of Commissioners. (Attachments)

 

                   Appointment confirmed on a roll all 11-0

 

B.      Notification of the appointment of Gina L. Palumbo, and the reappointment of Jonathan Mannina, to Community Development Advisory Committee. (Attachments)

 

                   Appointment & reappointment confirmed on a roll call 11-0

 

TRANSMITTAL

 

3.  AIRPORT:

 

A.      Communication relative to the proposed appropriation of $100,000.00 for consultant services in relation to the future of Worcester Regional Airport. (Attachments)

 

Referred to Finance and Public Service and Transportation Committee

 

4.  ASSESSORS:

 

5.  BUDGET OFFICE:

 

A.      Communication relative to the Status of Revenue Collections for trash bag sales, traffic tickets, and the Golf Course enterprise account, for the years 2003 and 2004. (Attachments)

 

                   Referred to Finance

 

B.      SUPPLEMENTAL – Communication regarding each department’s positions for the submitted 2005 budget. (Attachments)

 

          Referred to Finance

 

6.  CODE ENFORCEMENT:

 

A.      Communication relative to Worcester Vocational High School – Progress Report April/May 2004. (Attachments)

 

                   Referred to Education and College/University Relations Committee

 

7.  COMMUNICATIONS:

 

8.  ECONOMIC DEVELOPMENT:       

 

A.      Communication relative to Upcoming Press Conferences relative to Berkeley Investments purchase of Worcester Common Outlets property and groundbreaking ceremony for construction of bus port facility attached to Union Station.  (Attachments)

 

          Placed on file

 

B.      Communication relative to Future Plans of the School of Performing Arts. (Attachments)

 

          Referred to Commerce and Development Committee

 

C.      Communication relative to Remaining Build Out Costs – Union Station. (Attachments)

 

          Referred to Commerce and Development Committee

 

D.      Communication relative to Proposed Redevelopment Strategy for the South Worcester Industrial Park. (Attachments)

 

                   Referred to Commerce and Development Committee and Community Development Committee

 

9.  ELDER AFFAIRS:

 

10.  ELECTION COMMISSION:

 

11.  EMERGENCY MANAGEMENT:

 

12.  EMPLOYMENT & TRAINING:

 

13.  FIRE:

 

14.  HUMAN RESOURCES:

 

A.      Recommend the approval of an amendment to the salary ordinance to create the position of Assistant City Manager/Chief Operating Officer, at pay grade 53 EM, for the Office of the City Manager. (Attachments)

 

                   Voted to advertise proposed Ordinance on a roll call 10-1

                   (Lukes-No) – Reconsideration denied on a roll call 0-10

                   (White absent)

 

B.      Communication relative to Increase in Hours Open to the Public. (Attachments)

 

                   Placed on file

 

C.      Recommend the approval of an ordinance amending section 3.9 part one of Appendix C of the Salary Ordinance of August 20, 1996, Executive Management Compensation System. (Attachments)

 

                   Voted to advertise proposed Ordinance on a roll all 11-0

                   Also referred to Municipal Operations Committee

 

15.  LAW:

 

A.      Communication relative to Evaluation of the City Manager. (Attachments)

 

                   Referred to Ad Hoc Committee to Search for a New City Manager

 

B.      Recommend the approval of an amendment to the Demolition Delay Ordinance, which would extend from six to twelve the number of months before an eligible property may be demolished. (Attachments)

         

          Voted to advertise proposed Ordinance on a roll call 11-0

          Reconsideration denied on a roll call 0-11

 

16.  LICENSE COMMISSION:

 

A.      Communication relative to New Licenses Issued – June Report. (Attachments)

 

          Placed on file

 

B.         Communication relative to Bravo Pizzeria & Restaurant, Inc. (Attachments)

 

Councillor Lukes recused on a roll call 10-0

Referred to Public Safety Committee

 

17.  NEIGHBORHOOD SERVICES:

 

A.      Request adoption of a resolution to file and accept an FY04 Violence Against Women Act Grant. (Attachments)

 

                   Resolution adopted

 

B.      Communication relative to Grants and the City of Worcester Veterans’ Services and Veterans’ Affairs Grant-funded Positions. (Attachments)

 

          Referred to Military Affairs Committee

 

C.      Communication relative to CDBG Program Income and Unexpended Balances. (Attachments)

 

Referred to Community Development Committee for June 21, 2004 meeting

 

D.      Communication relative to Distribution of E.D. Community Development Block Grant Funds. (Attachments)

 

          Referred to Community Development Committee for June 21, 2004 meeting

 

E.      Communication relative to Main Street Program. (Attachments)

 

Referred to Community Development Committee for June 21, 2004 meeting

 

18.  PARKS, RECREATION & CEMETERY:

 

A.      Communication relative to Review of the Worcester Regional Research Bureau report on “Respect for the Dead and Relief for the Budget”. (Attachments)

 

          Recommitted to the City Manager

 

B.      Recommend that City Council accept with gratitude a donation from Sam’s Club. (Attachments)

 

          Resolution adopted with gratitude

 

C.      Request that City Council accept with gratitude a donation from Harold N. Keith Post American Legion Baseball, to Benefit Lake Park. (Attachments)

 

                   Resolution adopted with gratitude

 

D.      Request that City Council accept with gratitude an anonymous donation to Benefit Lake Park. (Attachments)

 

                   Resolution adopted with gratitude

 

E.      Communication relative to 2004 Summer Pool and Beach Season. (Attachments)

 

                   Placed on file

 

F.      Communication relative to Update on Summer MCAS Program. (Attachments)

 

          Placed on file

 

G.      Communication relative to Improvements to the Worcester Common. (Attachments)

 

                   Shelly Richard & Melissa Flek spoke

                   Referred to Youth, Parks and Recreation Committee

 

H.      SUPPLEMENTAL – Communication relative to Daylighting of the Beaver Brook Park Culvert and Field Improvements.

                   (Attachments)

 

                   Referred to Youth, Parks and Recreation Committee

 

19.  POLICE:

 

A.      Communication relative to Training for Constables. (Attachments)

 

          Referred to Public Safety Committee

 

B.      Communication relative to Crime Statistics for the last 12 months at Autumn Woods. (Attachments)

 

          Referred to Public Safety Committee

 

C.      Communication relative to Enforcing the Noise Ordinance on Main and Thomas Streets. (Attachments)

 

          Placed on file

 

D.      Communication relative to Breakdown of All Uniformed Personnel in the Police Department. (Attachments)

 

          Referred to Public Safety Committee

 

E.      Communication relative to Number of Murders in the City. (Attachments)

 

          Referred to Public Safety Committee

 

20.  PUBLIC HEALTH:

 

21.  PUBLIC LIBRARY:

 

22.  PUBLIC SCHOOLS:

 

23.  PUBLIC WORKS:

 

A.      Communication relative to Newspaper Article – “The Montague Reporter”. (Attachments)

 

          Recommitted to the City Manager

 

B.      Request adoption of an order relative to Drainage Easement on Papagni Circle Subdivision. (Attachments)

 

          Order adopted

 

C.      Request adoption of an order relative to Drainage Easement at the Villages of Moreland Green Subdivision. (Attachments)

 

          Order adopted

 

D.      Request adoption of an order relative to a Street Easement. (Attachments)

 

                   Order adopted

 

24.  PURCHASING:

 

25.  TECHNICAL SERVICES:

 

A.      Communication relative to Computer tracking system to assist with benefits and services. (Attachments)

 

                   Referred to Municipal Operations Committee

 

26.  TREASURY:

 

27.  VETERANS SERVICES:

 

A.      Communication relative to the Number of Veterans in the City and Number of Cases for the next five years. (Attachments)

 

                   Referred to Military Affairs Committee

 

B.      Communication relative to the New Partnerships and Improving Existing Partnerships. (Attachments)

 

                   Referred to Military Affairs Committee

 

28.  FINANCE:

 

A.      Recommend that Seven Hundred Twenty Five Thousand Dollars ($725,000.00) be transferred from Account #91C713, Water Mains, and appropriated to Account #45C720, Water Mains, to allow for the payment of current and future obligations for various water main construction projects, as approved in the Capital Improvement Program. (Attachments)

 

                   Order adopted on a roll call 10-0 (Rushton absent)

 

B.      Recommend that Fifty Four Thousand One Hundred Fifty Dollars ($54,150.00) be transferred from Account #662-94000, Debt Service Interest, and appropriated to Account #250-92000, Police Department Ordinary Maintenance, to provide funds for the payment of costs related to the Police Recruit psychological examinations and purchase of Academy books. (Attachments)

 

Order adopted on a roll call 10-0 (Rushton absent)

 

C.      Recommend that Ten Thousand Four Hundred Forty Dollars ($10,440.00) be transferred from Account #662-94000, Debt Service Interest, and appropriated to Account #110-91000, City Messenger Personal Services, to provide funding for the City Messenger Department salary account through fiscal year-end. (Attachments)

 

                   Order adopted on a roll call 10-0 (Rushton absent)

 

D.      Recommend that Ninety Nine Thousand Dollars ($99,000.00) be transferred, when and as received, from Account #91C780, Citywide Capital Equipment, and appropriated to Account #26C701, Fire Department Capital Equipment, to purchase a Fire Prevention vehicle, 12 applicators, billy pumps, air bottles, parts to reconstruct self-contained breathing apparatus, and tools and equipment for spare apparatus for the Fire Department. (Attachments)

 

                   Order adopted on a roll call 10-0 (Rushton absent)

 

E.      Recommend that Eighty Five Thousand Dollars ($85,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and appropriated to Account #26C704, Fire Department Building Rehabilitation, for the payment of contractual obligations related to various Fire Department Building Rehabilitation projects, as approved in the Capital Improvement Program. (Attachments)

 

                   Order adopted on a roll call 10-0 (Rushton absent)

 

F.      Recommend that Twenty Two Thousand Dollars ($22,000.00) be transferred from the following accounts:

 

ACCOUNT

DEPARTMENT

AMOUNT

662-94000

Debt Service Interest

$12,200.00

330-91000

Health Dept. Personal Services

    9,800.00

 

Total

$22,000.00

 

                   And appropriated to Account #370-92000, Veterans’ Services Ordinary Maintenance, to provide funding through the month of June to make veterans’ benefits payments. (Attachments)

 

                   Order adopted on a roll call 10-0 (Gomez absent)

 

G.      Recommend that One Hundred Thousand Dollars ($100,000.00) be transferred from Account #91C716, Union Station Rehabilitation, and appropriated to Account #04C744, Ramp Demolition, for the payment of contractual obligations related to the ramp demolition project, as approved in the Capital Improvement Program for the Union Station Fit Out project. (Attachments)

 

                   Order adopted on a roll call 10-0 (Rushton absent)

 

29.  MISCELLANEOUS:

 

22.     RECESS TO FINANCE AND ORDINANCE:  No Action Taken

 

          FINANCE

 

a)                 #35CC  February 3, 2004

Communication of the City Manager transmitting communication comparing Local Aid figures for FY04 and FY05 for the City of Worcester as recommended by Governor Romney in the submittal of his FY2005 budget.   (Attachments)

 

b)                #21A CM  April 27, 2004

Communication of the City Manager relative to Library hours of service.  (Attachments)

 

c)                 #31CC  May 25, 2004

Communication of the City Manager transmitting City of Worcester’s FY05 Municipal Budget.   (Attachments)

 

REPORT

 

          23 - REFERRED TO ORDINANCE COMMITTEE FOR A

                  HEARING

 

23.     REPORT OF THE PLANNING BOARD Upon the Petition of William Antonelli requesting to extend residential zoning to both sides of Fay St.  (Attachments)

 

24 -VOTED TO ADVERTISE TWO PROPOSED ORDINANCES

                ON A ROLL CALL VOTE 9-2 (Yes-Clancy, Gomez, Haller,

                Irish, Perotto, Petty, Rushton, White, Murray) (No-Lukes,

                Palmieri)  Suspension of Rules        

 

24.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting communication relative to FY 2005 water and sewer rate recommendations:  recommend passage of the accompanying two proposed Ordinances.

          (Attachments)

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

JUNE 14, 2004              COMMUNITY                   COUNCIL CHAMBER

5:00-7:00 P.M.              DEVELOPMENT

 

 

JUNE 14, 2004           PUBLIC WORKS                  COUNCIL CHAMBER

   7:00 P.M.

 

 

JUNE 16, 2004        TRAFFIC & PARKING           COUNCIL CHAMBER

   5:30 P.M.

 

 

JUNE 21, 2004            COMMUNITY                     COUNCIL CHAMBER

5:00-7:00 P.M.           DEVELOPMENT

 

 

JUNE 21, 2004            MUNICIPAL                        COUNCIL CHAMBER

   7:00 P.M.                 OPERATIONS

                                    CANCELLED

 

 

JUNE 21, 2004       AD HOC COMMITTEE            COUNCIL CHAMBER

    7:00 P.M.            TO SEARCH FOR A NEW

                                CITY MANAGER

 

 

JUNE 23, 2004          PUBLIC SAFETY                   COUNCIL CHAMBER

5:15-7:00 P.M.

 

 

JUNE 23, 2004        PUBLIC SERVICE &                COUNCIL CHAMBER

    7:00 P.M.             TRANSPORTATION

 

CITY COUNCIL SUMMER MEETING SCHEDULE

 

July 6, 2004 – 4:00 P.M.

 

August 17, 2004 – 4:00 P.M.

 

BUDGET HEARINGS

 

 

PUBLIC SAFETY                              EDUCATION & PUBLIC WORKS

Tuesday, June 15, 2004-4:00 P.M.   Tuesday, June 22, 2004-4:00 P.M.

 

Police

 VI-1

Public Schools

  IX-1

Fire

 VI-2

Library

  IX-2

Emergency Management

 VI-4

Regional Library

  IX-3

Communications

 VI-3

Public Works

VIII-1-6

Health

VII-2

Parks

  XI-1

Code

VII-3

City Messenger

   V-2

 

 

Auditorium

  XI-3

HELD OVER

 

Golf

  XI-2

 

 

Centrum Centre

  XI-4

Human Resources

  V-11

Union Station

  XI-5

 

 

Airport

 XII-1

 

 

 

 

 

 

HELD OVER

 

 

 

 

 

 

 

Veterans

 VII-5

 

 

Law

   V-4

 

 

Marketing

  IV-6

 

 

 

 

 

 

CAPITAL BUDGET

 

 

 

 

 

 

 

Equipment

 XIV-1

 

 

Buildings & Park Rehab

 XIV-2

 

 

Infrastructure

 XIV-3

 

 

Economic Development

 XIV-4