CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL - APRIL 13, 1999

7:00 P.M.

Convened:  7:09 P.M.

Adjourned:  8:45 P.M.

 

1.       INVOCATION -   Rev. Linda Whitney

Lakeview Congregational Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL - All present except Councillors Finnegan, Lukes and Patton. Councillor Lukes arrived at 7:15 P.M., Councillor Patton at 7:22 P.M., Councillor Finnegan was ill

 

4.       ITEMS OF CITIZEN INTEREST

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

          PETITIONS

 

          5 REFERRED TO PARKS DEPARTMENT

 

5.       Chester Lundstrom request City Council fix stone wall at Vernon Hill Park and remove some of the trees that are too close together near the stone wall directly across from 201 Providence St.

 

          6-8 REFERRED TO THE PLANNING BOARD

 

6.       Samuel R. DeSimone, Attorney for Stop & Shop Supermarket, Inc. request City Council: (A) discontinue Abbott St., a private way, beginning at its intersection with Winfield St. thence running northeasterly 371.72' to a point on Abbott St.  (B) remove from the Official Map of the City of Worcester that portion of Abbott St. as described above.  Property owners abutting that portion of Abbott St. proposed for discontinuance have authorized and consented to the filing of this petition.

 

7.       Samuel R. DeSimone, Attorney for Stop & Shop Supermarket, Inc. request City Council: (A) discontinue Winfield St. as a public street from its intersection with Parker St. northerly, a distance of 291.51' to its intersection with Winfield Place; and then to discontinue Winfield St. as a private way from its intersection with Winfield Place easterly a distance of 338.80' to its intersection with Park Ave. (B) Winfield St. as described above be removed from the Official Map of the City of Worcester. Property owners abutting those portions of the street proposed for discontinuance have authorized and consented to the filing of this petition.

 

8.       Samuel R. DeSimone, Attorney for Stop & Shop Supermarket, Inc. request City Council: (A) discontinue Winfield Place, a private way, from its intersection with Winfield St. thence running northwesterly to its intersection with Mayfield St.  (B) that Winfield Place as described above be removed from the Official Map of the City of Worcester. Property owners abutting the street proposed for discontinuance have authorized and consented to the filing of this petition.

 

8a.     Councillor Michael C. Perotto on behalf of Jack Lavallee request installation of a street light on Putnam Lane.  Referred to Public Service & Transportation Committee - Suspension of Rules

 

          9-12 REFERRED TO PUBLIC WORKS COMMITTEE

 

9.       Noel Matos request a new sidewalk in front of 870 Main St.

 

10.     Gary Vecchio request repair/replacement of sidewalks on the even side of Caprera Rd. from Imperial Rd. to Granby Rd.

 

11.     Robert Gates et al request to amend DPW's existing Order of Conditions for Indian Lake to reflect the following changes: Due to the worsening weed problem in Indian Lake, the level of the annual winter drawdown should be increased from the current maximum of 2.5' to between 5' and 6'.

 

12.     Margaret Power et al request repaving of  Kendrick Ave.

 

12a.   Councillor Timothy Murray and Councillor Stephen Patton request resurfacing of Fenwick St.  Referred to Public Works Committee - Suspension of Rules

 

12b.   Councillor Timothy Murray and Councillor Stephen Patton request resurfacing of Westbrook Rd.  Referred to Public Works Committee - Suspension of Rules

 

12c.   Councillor Timothy Murray and Councillor Stephen Patton request emergency sidewalk repair in front of 4 and 6 Saxon Rd.  Referred to Public Works Committee - Suspension of Rules

 

          13 & 14 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

13.     Maria Velaz request handicap parking in front of 11 Rodney St.

 

14.     Mayor Raymond V. Mariano on behalf of William McNeil request Traffic and Parking Committee to secure several 20 minute parking spaces in the public parking lot across from Kenmore Diner on the corner of Franklin St. and Grafton St.

 

14a.   Councillor Timothy J. Cooney, Jr. on behalf of Colwyn Caffrey request to remove handicap parking sign in front of 42 Richmond Ave.  Referred to Traffic & Parking Committee - Suspension of Rules

 

14b.   Councillor Janice L. Nadeau on behalf of Green Island C.D.C. request to remove Bus Stop at 85 Green St. and provide 15 minute parking.  Referred to Traffic & Parking Committee - Suspension of Rules

 

14c.   Councillor Paul P. Clancy, Jr. request Traffic Engineer review the intersection of Houghton St. and Crowningshield Rd. for traffic safety issues and recommendations.  Referred to the Traffic Engineer - Suspension of Rules

 

14d.   Councillor Janice L. Nadeau on behalf of Ronald L. O’Clair request Stop sign on South Crystal St. at intersection of Litchfield St.  Referred to the Traffic Engineer - Suspension of Rules

 

          15  HEARING SET FOR APRIL 27, 1999 - 7:00 P.M.

 

15.     NEW ENGLAND VOICE & DATA LLC for a conduit location on: Franklin St. at the intersection of New Salem St. to Green St. at the intersection of Green St. and Temple St.  Green St. at the intersection of Gold St. and Pond St. up Gold St. and left on Summit St. to an existing building marked GE.

 

16.     Randy Schmid to initiate all applicable penalties and/or orders as specified under the General Laws of Massachusetts, Chapter 266, Section 126 relating to the unlawful distribution of the unsolicited advertising circular known as The Shoppers Guide by the entity commonly known as the Telegram & Gazette.  Referred to the City Manager

 

17.     Randy Schmid to collect the attached invoice for Disposal Fees billed to the Telegram & Gazette, as guided by General Laws of Massachusetts, Chapter 266, Section 126 and to use those proceeds to any manner it deems appropriate.  Referred to the City Manager

 

18.     COMMUNICATIONS OF THE CITY MANAGER

APPOINTMENTS

 

1.       NON-CITY COUNCIL CONFIRMATION:

 

          A.      Notification of the appointment of sworn weighers for the year l999. Mike Conety, John Crowley, Mike Hackett

 

Placed on file

 

2.       CITY COUNCIL CONFIRMATION:

 

TRANSMITTALS

 

3.       AIRPORT:

 

          A.      Communication relative to Joint Committee on Transportation to Visit the Worcester Regional Airport.

 

Referred to Public Service & Transportation Committee

 

4.       ASSESSORS:

 

5.       BUDGET OFFICE:

 

6.       CIVIC CENTER:

 

7.       COMMUNICATIONS:

 

8.       DEVELOPMENT:

 

          A.      Communication relative to the appointment of Mr. Capers as Marketing Director.

 

Placed on file

 

          B.      Communication relative to Union Station Project Update.

 

Referred to Commerce & Development Committee

 

 9.      ELDER AFFAIRS:

 

10.     ELECTION COMMISSION:

 

          A.      Communication relative to Secretary of the Commonwealth William F. Galvin.

 

Placed on file

 

11.     EMERGENCY MANAGEMENT SERVICES:

 

12.     EMPLOYMENT & TRAINING:

 

13.     FIRE:

         

          A.      Communication relative to Providing Services - Union Hill & Belmont Street Alert Centers.

 

Placed on file

 

          B.      Communication relative to Mileage of Former Vehicle used by Fire Chief.

         

Referred to Public Service & Transportation Committee

 

14.     HUMAN RESOURCES:

 

          A.      Communication relative to Mid Level Management Positions.

 

Recommitted to the City Manager to separate Department Heads and to define M, P and Z positions

 

          B.      Communication relative to Group Benefits Strategies.

 

Referred to Municipal Operations Committee

 

15.     INFORMATION SERVICES:

 

16.     LAW:

 

          A.      Communication relative to Staffing Levels/Ambulance Service to Worcester Residents.

 

Placed on file

 

          B.      Communication relative to Breakdown of Cable Television Charges.

 

Referred to Public Service & Transportation Committee

 

17.     LICENSE COMMISSION:

 

18.     PARKS, RECREATION & CEMETERY:

 

19.     PLANNING & COMMUNITY DEVELOPMENT:

 

          A.      Communication relative to Downtown Worcester activities report through March 1999.

 

Referred to Commerce & Development Committee

 

          B.      Communication relative to B.A.S.E. Community Benefits Grant Award.

 

Referred to Health Committee

 

          C.      Request adoption of an order relative to the disposition of City owned property located at 110 Elm Street and 112 Elm Street.

 

Order adopted

 

          D.      Communication relative to the 1998 Annual Report on the Economic Development Incentive Program (EDIP).

 

Referred to Commerce & Development Committee

 

          E.      Communication relative to Massachusetts Biotechnology Research Park: Status Report/Update.

 

Referred to Commerce & Development Committee

 

20.     POLICE:

 

          A.      Communication relative to Number of Police Officers on Each Shift.

 

Referred to Public Safety Committee

 

          B.      Communication relative to Down Time of Police Vehicles.

 

Referred to Public Safety Committee

 

          C.      Communication relative to Monitoring of Problem/Adjacent to Boulevard Garage.

 

Placed on file

 

21.     PUBLIC HEALTH & CODE ENFORCEMENT:

 

          A.      Communication relative to Dumping at 7 Benefit Terrace.

 

Placed on file

 

22.     PUBLIC LIBRARY:

 

23.     PUBLIC SCHOOLS:

 

          A.      Communication relative to Amendment to Senate Bill 1720.

 

Referred to Youth, Parks & Recreation Committee

 

24.     PUBLIC WORKS:

 

          A.      Communication relative to Repair Asphalt on Tacoma Street.

 

Referred to Public Works Committee

 

          B.      Communication relative to Clearing Asphalt Debris along Park Ave.

 

Placed on file

 

          C.      Communication relative to Work being done at Providence & Worcester Railroad Bridge.

 

Placed on file

 

          D.      Communication relative to Metal Drop-Off Day.

 

Placed on file

          E.      Communication relative to Sewer Easement - 295 Salisbury Street.

 

Order adopted

 

          F.      Communication relative to l999 Pothole Patching Report.

 

Referred to Public Works Committee

 

          G.      Communication relative to North Main Street Opening Progress Report.

 

Referred to Public Works Committee

 

          H.      Communication relative to New Downtown Trash Receptacles.

 

Referred to Public Works Committee

 

          I.       Communication relative to Barry/Foley Parking Lot Distance to Rail Terminal.

 

Referred to Traffic & Parking Committee

 

25.     PURCHASING:

 

26.     TREASURY:

 

27.     VETERANS' SERVICES:

 

28.     FINANCE:

 

A.      Recommend that Ten Thousand Five Hundred Dollars ($10,500.00) be transferred from Account #330-07 Reserve For appropriation Damage Settlement, and appropriated to Account #260-92000, Fire Department Ordinary Maintenance.

 

Order adopted on a roll call

B.      Recommend that Nine Hundred Forty Five Dollars Sixty Seven Cents, ($945.67) be authorized from #660-92000, Treasury Department Ordinary Maintenance.

 

Order adopted on a roll call

 

C.      Recommend that One Thousand Three Hundred Thirty Six Dollars ($1,336.00) be transferred from Account #600-92000, Purchasing Department Ordinary Maintenance, and appropriated to Account #600-93000, Purchasing Department Capital Outlay.

 

Order adopted on a roll call

 

D.      Recommend that One Thousand Eight Hundred Fifty Dollars ($1,850.00) be transferred from Account #330-92000, Health & Code Enforcement Ordinary Maintenance, and appropriated to Account #330-93000, Health & Code Enforcement Capital Outlay.

 

Order adopted on a roll call

 

E.      Recommend that Seventy Five Thousand Dollars ($75,000.00) be transferred from Account #359-76, Hope Cemetery Perpetual Care Trust Fund, and appropriated to Account #720-91000, Parks Department Personal Services.

 

Order adopted on a roll call

 

F.      Recommend that Thirty Seven Thousand Seven Hundred Fifty Dollars ($37,750.00) be transferred from Account #359-76, Hope Cemetery Perpetual Care Trust Fund, and appropriated to Account #72T807, Hope Cemetery Rehabilitation.

 

Order adopted on a roll call

 

G.      Recommend that One Thousand Three Hundred Thirty Six Dollars ($1,336.00) be transferred from Account #010-92000, City Council Ordinary Maintenance, and appropriated to Account #010-93000, City Council Capital Outlay.

 

Order adopted on a roll call

 

H.      Recommend that Six Thousand Three Dollars ($6,003.00) be transferred from Account #100-92000, City Clerk Ordinary Maintenance, and appropriated to Account #100-93000, City Clerk Capital Outlay.

 

Order adopted on a roll call

 

I.       Recommend that Five Thousand Dollars ($5.000.00) be transferred from Account #33040, Reserve for Appropriation Federal 1%, and appropriated to Account #680-92000, Information Services Ordinary Maintenance.

 

Order adopted on a roll call

 

J.       Recommend that Ninety Thousand One Hundred Forty Six Dollars ($90,146.00) be transferred, when and as received, from Account #91C780, Capital Equipment, and appropriated to Account #45C703, Water Department Capital Equipment.

 

Order adopted on a roll call

 

29.     ORDINANCES/ORDERS:

 

30.     MISCELLANEOUS:

 

          A.      Request City Council accept with gratitude a donation from the Worcester County Convention and Visitors Bureau.

 

Order adopted with gratitude

 

COMMUNICATIONS

 

19.     James DelSignore, City Auditor transmitting report on the undepreciated cost of fixed assets owned by the Worcester Regional Airport.

 

Referred to Public Service & Transportation Committee

 

20.     James DelSignore, City Auditor transmitting quarterly report on the sources and uses of funds for the construction of ALL School, Roosevelt Magnet, Norrback Magnet, Worcester Vocational Technical School and Forest Grove Middle School.

 

Referred to Education Committee

 

ORDERS

 

20a.   Request Administration provide City Council with an update on expansion of commuter rail service.  Motion-Murray @ #8B CM - Adopted

 

20b.   Request Administration provide City Council with quarterly updates on Union Station, including timelines for completion of the project.  Motion-Clancy @ #8B CM - Adopted

 

20c.   Request Administration report if the central drop off and transfer of WRTA buses will be transferred from City Hall to Union Station.  Motion-Luster @ #8B CM - Adopted

 

20d.   Request Administration report on City departments involvement in Alert Centers.  Motion-Petty @ #13A CM - Adopted

 

20e.   Request Administration report on how duplicate programming on different cable stations is figured into rate calculations.  Motion-Lukes @ #16B CM - Adopted

 

20f.    Request Administration report how often the City has done something similar to Item #19C of the City Manager’s Calendar of April 13, 1999.  Motion-Lukes @ #19C CM – Adopted

 

20g.   Request Administration report if it is feasible to offer TIF proposals for Main St. properties.  Motion-Clancy @ #19D CM - Adopted

 

20h.   Request City Manager report on TIF compliance; what happens if someone is late or misses a deadline, can he get into difficulties, what kind of difficulties and how are they resolved.  Motion-Lukes @ #19D CM - Adopted

 

20I.    Request City Manager provide City Council with a breakdown of the taxable part of each Biotech building as to what the taxes are per square foot.  Further, request a breakdown of the facility itself as opposed to equipment in the facility.  Motion-Clancy @ #19E CM - Adopted

 

20j.    Request City Manager report if there are taxes owed on property at 7 Benefit Terrace, whether or not it is a buildable lot and if there is the possibility of putting it out for an RFP.  Motion-Nadeau @ #21A CM - Adopted

 

20k.   Request Administration consider holding the Metal Drop-off Day on a non-school vacation Saturday.  Motion-Clancy @ #24D CM - Adopted

 

20L.   Request City Manager report on the caseload of the Department of Social Services in Worcester. Luster - Suspension of Rules - Adopted

 

20m.  Request Administration provide City Council with report that was requested regarding the Internal Affairs process at the Worcester Police Department.  Request Administration include in said report whether it proposes any modifications to the actual official policy as well as unofficial practices.  Luster - Suspension of Rules - Adopted

 

20n.   Request Administration provide City Council with a status report on Ladder 5, how long it will be out of service or if it is a permanent situation.  If it is a permanent situation what the status will be after that.  Clancy - Suspension of Rules - Adopted

 

20o.   Request City Manager report  relative to Medicaid reimbursement money as to how much the City is receiving now and how much the City will be receiving in additional monies under various proposals now under consideration.  Murray - Suspension of Rules - Adopted

 

20p.   Request Administration report and make recommendations on the impact of implementing one-way traffic on Chelsea St.  Lukes - Suspension of Rules - Referred to Traffic & Parking  Committee

 

20q.   Request Department of Public Works review Plantation St. from Biotech Park down to Fallon Clinic regarding adequate lighting.  Cooney - Suspension of Rules - Adopted

 

20r.    Request City Manager provide City Council with a report on the incident that occurred at the Palladium on Saturday, April 10, 1999.  Cooney - Suspension of Rules - Adopted

 

20s.   Request City Council to accept the following policy recommendation relative to selecting sidewalks for improvement:  The Public Works Committee selects sidewalks based on the following:  1) Sidewalk funds are allocated 60% for categories 1, 2 and 3 and 40% for category 4.  2) Selection of sidewalks will recognize and be guided by the following factors:  Age of petition, community request and support and allocation of funds citywide.  Cooney - Suspension of Rules - Councillor Perotto requested the item be held under personal privilege

 

20t.    Request Public Works Committee to also consider Scenario 2 that the Department of Public Works would use if they made the decision to select sidewalks to be repaired.  Luster - Suspension of Rules - Adopted

 

20u.   Request Administration report as to their particular preference on each scenario as stated in the April 8, 1999 memorandum to Councillor Timothy J. Cooney, Jr. from Robert L. Moylan, Jr., Commissioner of Public Works relative to Sidewalk Allocation.  Clancy - Suspension of Rules - Adopted

 

20v.   Request City Solicitor provide a legal opinion relative to the appropriateness and method of the current City Council voting on a policy that will expire at the end of the current term and how that policy can be incorporated as a policy or as a rule.  Lukes - Suspension of Rules - Adopted

 

21.     RECESS TO FINANCE AND ORDINANCE:

 

FINANCE

 

a)       #39CC  May 12, 1998

          Order - Request Administration report on the policy of the Worcester Convention Center/Centrum Centre in seeking out, catering and servicing small group events and what impact this type of competition has had amongst the local restaurants and hotels.   (Lukes)

 

b)      #6CC  October 20, 1998

          Communication of James DelSignore, City Auditor transmitting communication relative to tax levy impact regarding funding of a staff person to the Mayor's Office from the School Department budget if the salary for the position does not qualify under the school reform financing formula and explaining the significance of the School Department's October report to the Department of Education with respect to current year's Net School Spending requirements.

 

c)       #4CC  December 15, 1998

          Communication of the City Manager transmitting    communication relative to the current five-year fiscal projection for       the fiscal years 1999 through 2003.

 

d)      #5CC  December 15, 1998

          Order - Request City Manager to construct the Fiscal Year 2000 budget that only anticipates new growth and does not  include an increase of 2 1/2% allowed under Proposition 2 1/2.  (Petty, Patton, Mariano, Finnegan, Murray, Cooney, Lukes, Perotto)

 

e)       #6CC  December 15, 1998

          Order - Request City Manager to consider proposing a hiring freeze of City employees except for public safety employees. (Petty)

 

f)       #4B CM  December 15, 1998

          Communication of the City Manager transmitting communication relative to calculations, 10 Year Period to a Single Tax Rate.

 

g)       #5A CM  December 15, 1998

          Communication of the City Manager transmitting communication relative to Fiscal 2000 Projections.

 

h)       #5B CM  December 15, 1998

          Communication of the City Manager transmitting reports from Janice Borg Silverman, Director, Human Resources and John Pranckevicius, Budget Director.

 

i)        #33h CC  December 15, 1998

          Motion - That the City Council develop a schedule of Finance meetings at least once a month, starting in January. (Lukes)     

 

j)        #5A CM  February 9, 1999

          Communication of the City Manager transmitting communication relative to Motions made by Councillors from the December 15, 1998 Council Finance Committee meeting.

 

k)       #5B CM  February 9, 1999

          Communication of the City Manager transmitting communication relative to the Fiscal 2000 Budget.

 

l)        #5A CM  February 23, 1999

          Communication of the City Manager transmitting    communication relative to Municipal Research Bureau Presentation.

 

m)      4C CM  March 16, 1999

          Communication of the City Manager transmitting    communication relative to Proposition 2 1/2 ceiling.

 

n)       #59CC  April 6, 1999

          Communication of the City Manager transmitting communication relative to the FY 2000 budget.

 

REPORT

 

21a.   REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Committee on Public Works upon the communication of the City Manager transmitting communication relative to FY/99 Sidewalk Rehabilitation Program:   recommend adoption of the accompanying Order.  Item held under personal privilege at the request of four Councillors

 

TABLED ITEMS - No Action Taken

 

22.     Communication of the City Manager recommending that Twelve Thousand Six Hundred Eighty Eight Dollars and Fifty Cents ($12,688.50) be transferred from Account 331-46, Belmont Home Retained Earnings and appropriated to Account 045S505, Belmont Home Advertising, to provide funds for the purpose of payment for advertising costs for proposed sale of the Belmont Home.  

 

23.     Communication of the City Manager transmitting communication relative to an RFP for the sale of the Belmont Home.

 

24.     Chairman's Order from Youth, Parks & Recreation Committee - Request Administration to consider using the current site of the Vocational School, on the side of the Boys Club, as park land after discontinuance of use as a Vocational School.

 

25.     Chairman's Order from Youth, Parks & Recreation Committee - Request Administration to consider eliminating the softball field on the Belmont St. side of the Vocational School site plan.

 

26.     Chairman's Order from Youth, Parks & Recreation Committee - Request Administration to reconsider keeping educationally sound, the size of the parking area for the new Vocational School.

 

27.     REPORT OF THE PLANNING BOARD Upon the Petition of Jonathan Finkelstein, Esquire on behalf of Smallwood Village Associates, Inc. requesting City of Worcester make Travis St. public.

 

28.     Order - Request City Council go on record in support of a Charter Commission regarding the issue of Charter reform. (Lukes, Nadeau, Cooney)