CITY OF WORCESTER

CITY CLERK DEPARTMENT

CALENDAR OF THE CITY COUNCIL DECEMBER 4, 2001

6:00 P.M.

 

                                                                Convened:  6:00 P.M.

                                                   Recessed to Executive Session

                                                             Reconvened:  7:09 P.M.

                                                               Adjourned:  7:55 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 except Councillors Petty, Lukes and

                                    Clancy – Councillor Lukes arrived during

                                     Executive Session and Councillor Clancy at

                                     7:05 P.M.

 

4.          Recess to meet with the School Committee in Executive Session in the Mayor’s Office to discuss litigation regarding the proposed Vocational High School.

         

HEARINGS AND ORDERS – 7:00 P.M.

 

          5 & 6 Hearings held

 

5.          NSTAR ELECTRIC & GAS CORPORATION for a gas main location on:  ENID AVE.

 

6.       ON TARGET UTILITY SERVICES for a conduit location on:  PLANTATION ST.

 

 

 

 

          5a & 6a ORDERS ADOPTED

 

5a.          Granting permission to NSTAR ELECTRIC & GAS CORPORATION for a gas main location on:  ENID AVE.

 

6a.          Granting permission to ON TARGET UTILITY SERVICES for a conduit location on:  PLANTATION ST.

 

7.          PRESENTATION TO JACOB HIATT SCHOOL ON RECEIVING THE BLUE RIBBON AWARD.  Held until January

 

8.          ELECTION OF TWO MEMBERS TO THE LIBRARY BOARD OF TRUSTEES.

 

          First Ballot:

 

          Abraham – Kennedy, Maldonado

          Clancy – Hampton, Maldonado   

          Gomez – Kennedy, Maldonado    

          Lukes – Kennedy, Maldonao   

          Murray – Bruce, Kennedy

          Nadeau – Bruce, Maldonado

          Patton – Bruce, Maldonado

          Perotto – Bruce, Maldonado

Mariano – Coleman, Maldonado

 

Geraldo Maldonado was elected on the first ballot – 8 votes

 

Second Ballot:

 

Abraham – Kennedy                         Murray - Bruce

Clancy – Bruce                                 Nadeau - Bruce

Gomez – Kennedy                         Patton - Bruce

Irish – Kennedy                               Perotto - Bruce

Lukes – Kennedy                                  Mariano – Bruce

 

Dianne E.B. Bruce was elected on the second ballot – 6 votes

 

 

 

FIRST ITEM OF BUSINESS

 

          9 Taken up with Item 7A of the City Manager’s Calendar

 

9.          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.

 

SECOND ITEM OF BUSINESS

 

          10 Held one week

 

10.          Recapitulation from Administration and Auditor on free cash and other spending.

 

11.          ITEMS OF CITIZEN INTEREST

 

11a.          ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          12 REFERRED TO PARKS DEPARTMENT

 

12.     Henry Roy & Wallace Westerberg request Parks Commissioner inspect, trim and, if necessary, remove the four City shade trees in front of 43 & 49 Dutton St.

 

          13 REFERRED TO PUBLIC SERVICE & TRANSPORTATION

               COMMITTEE

 

13.          Councilor Paul P. Clancy, Jr. on behalf of Rick D’Otavio request street light outside 55 Everton Ave.

 

          14-19 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

14.     Albert Belmonte request to be able to park on Shrewsbury St. overnight during the winter ban when there is no snow on the ground.

                                    

15.     Mary MacInnes, Administrator, Worcester Regional Transit Authority request that the current Bus Stop located on the east side of West Boylston St. near the southerly side of the bridge over Neponset St. be moved to approximately 60’ north of the Neponset St. entrance on West Boylston St.

 

16.     Mary MacInnes, Administrator, Worcester Regional Transit Authority request a Bus Stop be placed on the easterly side of Neponset St.

                                                  

17.          Michael Troutner request handicap parking in front of  7 Cutler St.

 

18.          Councilor Paul P. Clancy, Jr. on behalf of Robert McGinn request resident parking on Westminster St. from Forestdale Rd. to Northampton St.

 

19.          Councilor Paul P. Clancy, Jr. on behalf of Nancy Galvin request handicap parking at 178 Vernon St.

 

ORDERS

 

19a.   That Home Rule legislation be filed that the provisions of Section 58A of Chapter 31 of the General Laws shall not apply to any person who has taken the appropriate Civil Service examination and has been ranked on a certified Civil Service list for appointment as a Firefighter or Police Officer in the City of Worcester.  Motion-Mariano @ #13C CM & 29CC – Denied on a roll call vote of 1 Yea (Mariano) and 9 Nays.

 

19b.          Request Administration report on the year the City purchased the Ty Cobb field and what the cost was.  Further, request a total of what the City can expect as a return if successful in any suit on the property.  Further, request report include whether the City was reimbursed in any way from any State grant when the property was purchased by the City.  Motion-Clancy @ #28G CM – Adopted

 

19c.          Request Administration to meet with the Attorney General’s staff to request their assistance relative to the Ty Cobb field.  Motion-Murray @ #28G CM – Adopted

 

19d.          Request Municipal Operations Committee to consider speed humps and the tree farm as Goals for the City Manager in FY 2002.   Motion-Clancy @ #29B CM – Referred to Municipal Operations Committee

 

19e.          Request City Solicitor to provide City Council with an opinion as to the propriety of running all terrain vehicles over private streets in the City of Worcester and if they are specifically prohibited, to additionally report the authority responsible for controlling this activity.   Abraham – Suspension of Rules – Adopted

 

19f.          Request Police Department investigate ATV activity in the area of Paris Ave., Wescott St. and Wildwood Ave.   Abraham – Suspension of Rules – Adopted

 

19g.          Request Department of Public Works investigate installation of sewers in Teddy Rd. as to contractors depositing materials onto private property.   Abraham – Suspension of Rules – Adopted

 

19h.          Request Administration to provide City Council with an update on the status of speed hump legislation.  Murray – Suspension of Rules – Adopted

 

19i.          Request Administration report back to City Council within 30 days as to whether commercial use of 3 King St. is properly grandfathered pursuant to the City’s Zoning Ordinance.   Murray – Suspension of Rules - Adopted 

 

20.          COMMUNICATIONS OF THE CITY MANAGER

 

THOMAS R. HOOVER

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR DECEMBER 4, 2001

 

APPOINTMENTS

 

1. NON-CITY COUNCIL CONFIRMATION:

 

2. CITY COUNCIL CONFIRMATION:

 

TRANSMITTAL

 

3. AIRPORT:

 

4. ASSESSORS:

 

5. BUDGET OFFICE:

 

6. COMMUNICATIONS:

 

7. ECONOMIC DEVELOPMENT:

 

          A.          Communication relative to Union Station Report.

 

          Referred to Commerce & Development Committee

 

          B.          Communication relative to Airport Marketing.

 

          Referred to Public Service & Transportation Committee

 

8. ELDER AFFAIRS:

 

9. ELECTION COMMISSION:

 

10. EMERGENCY MANAGEMENT SERVICES:

 

11. EMPLOYMENT & TRAINING:

 

12. FIRE:

 

A.      Request City Council accept with gratitude a donation in the amount of $5,000.00 from Sherwood Mortgage Group. This donation is to be used toward the purchase of firefighting equipment.

 

Order adopted with gratitude on a roll call vote of 10 Yeas and 0 Nays

 

 

13. HUMAN RESOURCES:

 

A.      Request adoption of a salary ordinance amending the Salary Ordinance of August 20, 1996 relative to Members of Worcester Clerical Association.

 

Voted to advertise proposed Ordinance

 

B.      Communication relative to Retroactive Payments Schedule for Local 495.

 

Placed on file

 

C.      Communication relative to Age 32 Limit for Public Safety Hiring.

 

Placed on file

 

14. HUMAN RIGHTS:

 

15. INFORMATION SERVICES:

 

16. LAW:

 

          A.          Communication relative to Legislation – Fluoride Process.

 

          Referred to Health Committee

 

17. LICENSE COMMISSION:

 

18. NEIGHBORHOOD SERVICES:

 

          A.          Communication relative to Youth Programs.

 

          Referred to Community Development Committee

 

 

 

 

 

B.      Communication relative to disposition of City owned property located at 809 Main Street, 68 Ward Street, 33 Merrick Street, 5 Dudley Place, 10 Ripley Street, 36 Dale Street, 124-126 Dewey Street and 2-4-6- (9) Blake Street.

 

Referred to Housing & Neighborhood Revitalization Committee

 

C.      Communication relative to the announcement of the annual HUD Continuum of Care and Emergency Shelter Grant Award.

 

Referred to Housing & Neighborhood Revitalization Committee

 

D.      Communication relative to Columbus Park Neighborhood meeting.

 

Referred to Traffic & Parking Committee for December 13, 2001

meeting

 

E.      Communication relative to CDBG funding for tree planting along Lincoln Street.

 

Referred to Community Development Committee

 

19. PARKS, RECREATION & CEMETERY:

 

20. POLICE:

 

21. PUBLIC HEALTH & CODE ENFORCEMENT:

 

A.      Communication relative to Statewide Mandate to Fluoride the Water in the Commonwealth.

 

Placed on file

 

22. PUBLIC LIBRARY:

 

 

 

 

 

23. PUBLIC SCHOOLS:

 

A.      Communication relative to Partnerships with Higher Education – Worcester Public Schools – College of Worcester Consortium 2000-2001.

 

Referred to Education Committee

 

24. PUBLIC WORKS:

 

A.               Communication relative to the Tentative Agreement Regarding the Discharge Permit and Plan Implementation.  Tentative agreement between the Upper Blackstone Water Pollution Abatement District and the Environmental Protection Agency.

 

Referred to Public Works Committee

 

B.      Communication relative to Thanksgiving Day Donations.

 

          Placed on file

 

25. PURCHASING:

 

26. TREASURY:

 

A.               Request Transfer of Jurisdiction of Land, Chapter 40 Section 15 A, three parcels of land from the Tax Title Custodian to the Executive Office of Neighborhood Services.   1551 Main St., 4 Dudley Place and 10 Kilby St.

 

Referred to Housing & Neighborhood Revitalization Committee

 

27. VETERAN’S SERVICES:

 

 

 

 

 

 

 

28. FINANCE:

 

A.      Recommend that Three Hundred Thousand Dollars, ($300,000.00) be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C732, Sewer Systems Control Plan, to allow for the payment of contractual obligations related to comprehensive review of the existing, CSO system and facilities, in compliance with the consent order agreed upon in year 2000 with Federal and State Regulators, as approved in the fiscal 2002 Capital Improvement Program.

 

Order adopted on a roll call 9-0 (Gomez, Petty absent)

 

B.      Recommend that One Million Two Hundred Ninety Five Thousand Dollars, ($1,295,000.00) be transferred from Account #91C713, Water Mains, and appropriated to Account #45C720, Water Mains, to allow for the payment of current contractual Water Mains obligations, as approved in the Capital Improvement Program.

 

Order adopted on a roll call 9-0 (Gomez, Petty absent)

 

C.      Recommend that One Hundred Twenty Five Thousand Dollars ($125,000.00) be transferred from Account #91C745, Sewer Construction and appropriated to Account #44C764, Sewer Pumping Stations, to allow for the payment of contractual obligations related to various Sewer Pumping projects as approved in the Capital Improvement Program.

 

Order adopted on a roll call 9-0 (Gomez, Petty absent)

 

D.      Recommend that One Hundred Six Thousand Eighty Four Dollars and Ten Cents ($106,084.10) be transferred from Account #91C790 School Construction and appropriated to the following Accounts:

 

          ACCOUNT                   DESCRIPTION                     AMOUNT

          33C718                 Forest Grove Construction        $ 40,779.71

          33C719                 Forest Grove Equipment           $ 65,304.39

                                      Total                                        $106,084.10

          to provide funds for the purpose of payment for contractual obligations related to the construction and equipping of Forest Grove Middle School.

 

Order adopted on a roll call 9-0 (Gomez, Petty absent)

 

E.      Recommend that $147,044.10 be transferred from Account #900-92000 City Manager’s Contingency Account and appropriated  to accounts as listed and that $367,818.88 be transferred from Account #900-91000, City Manager’s Contingency to the amounts listed for the purpose of funding the contract agreed upon for the Worcester Clerk’s Bargaining Unit.

  

Order adopted on a roll call 9-0 (Gomez, Petty absent)

 

F.      Recommend that Thirty Two Thousand One Hundred Sixty Two Dollars and Thirty One Cents ($32,162.31) be transferred from Account #91C762, Webster Square Fire Station, and appropriated to Account #14C703, Public Safety, to provide funds for the purpose of payment of contractual obligations associated with the rehabilitation and construction of Webster Square Fire Station, as approved in the Capital Improvement Program.

 

Order adopted on a roll call 9-0 (Gomez, Petty absent)

 

G.      Recommend that One Hundred Fifty Thousand Dollars ($150,000.00) be transferred from Account #91C784, Park Improvement and appropriated to Account #72C702, Park Site Improvements, to provide funds for the payment of contractual obligations related to the renovations at Ty Cobb Field.

         

Order adopted on a roll call 9-0 (Gomez, Petty absent)

 

 

 

 

 

 

29. MISCELLANEOUS:

 

A.      Respectfully request a joint Executive Session with the City Council and School Committee on December 4, 2001, to discuss the Vocational School.

 

Council voted on a roll call 8-0 (Clancy, Lukes, Petty absent) to

go into a joint Executive Session

 

B.      Communication relative to FY 2002 Goals and Objectives.        

 

          Referred to Municipal Operations Committee

 

COMMUNICATION

 

21.     James DelSignore, City Auditor transmitting Auditors Report – October 31, 2001.

 

Referred to Municipal Operations Committee

 

22.          RECESS TO FINANCE AND ORDINANCE:  No Action Taken

          FINANCE

a)                 #4B CM  June 19, 2001

Communication of the City Manager relative to Breakdown of New Growth Figures over the past 10 years.

 

STANDING COMMITTEE RECOMMENDATIONS FOR

CAPITAL PROJECTSNo Action Taken

 

23.          REPORT OF THE COMMITTEE ON EDUCATION Upon the Chairman’s Order from the Finance Committee requesting that the Committees on Public Works, Traffic & Parking, Education, Youth, Parks & Recreation, Housing & Neighborhood Revitalization and Public Safety bring back to City Council in increments of $100,000.00, not to exceed $250,000.00, recommendations for capital projects:  recommend adoption of the accompanying Order that $150,000.00 be recommended to be expended towards the creation of a branch library at Webster Square and that $100,000.00 be recommended to be expended to make school buildings accessible to the handicap community.                                                

                           

24.          REPORT OF THE COMMITTEE ON HOUSING AND NEIGHBORHOOD REVITALIZATION Upon the Chairman’s Order from the Finance Committee requesting the Committees on Public Works, Traffic & Parking, Education, Youth, Parks & Recreation, Housing & Neighborhood Revitalization and Public Safety bring back to City Council in increments of $100,000.00, not to exceed $250,000.00, recommendations for capital projects:  recommend adoption of the accompanying Order requesting the City Manager to recommend to City Council that $250,000.00 be allocated to the Housing Trust Fund.

 

25.          REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Chairman’s Order from the Finance Committee requesting the Committees on Public Works, Traffic & Parking, Education, Youth, Parks & Recreation, Housing & Neighborhood Revitalization and Public Safety bring back to City Council in increments of $100,000.00, not to exceed $250,000.00, recommendations for capital projects:  recommend adoption of the accompanying Order requesting the City Manager to recommend to City Council $250,000.00 for a Fire Department Training Center.  Further, that if additional monies are available, recommend $135,000.00 for Police Department capital equipment purchases as recommended by the Police Chief in the attached September 17, 2001 communication.

         

26.          REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Chairman’s Order from the Finance Committee requesting the Committees on Public Works, Traffic & Parking, Education, Youth, Parks & Recreation, Housing & Neighborhood Revitalization and Public Safety bring back to City Council in increments of $100,000.00, not to exceed $250,000.00, recommendations for capital projects:  recommend adoption of the accompanying Order requesting the City Manager to recommend to City Council $200,000.00 for petitioned sidewalk repair and $50,000.00 for petitioned private street maintenance, and that if any additional money is recommended that as much monies be allocated towards petitioned sidewalk repairs. 

 

 

 

 

27.          REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Chairman’s Order from Finance Committee requesting the Committees on Public Works, Traffic & Parking, Education, Youth, Parks & Recreation, Housing & Neighborhood Revitalization and Public Safety bring back to City Council in increments of $100,000.00, not to exceed $250,000.00, recommendations for capital projects: recommend adoption of the accompanying Order requesting the City Manager to recommend funding for five intersections as follows:  1)  May St. at Woodland St., full signalization ($135,000.00);  2)  Mill St. at Mill Swan School, flashing School Zone ($30,000.00);  3)  Belmont St. near Belmont St. School, flashing beacons ($25,000.00);  4)  Lake Ave. at Sunderland Rd., add pedestrian phase ($25,000.00);  5)  Highland St. at Lancaster St., add pedestrian phase ($25,000.00).

 

28.          REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Chairman’s Order from Finance Committee requesting the Committees on Public Works, Traffic & Parking, Education, Youth, Parks & Recreation, Housing & Neighborhood Revitalization and Public Safety bring back to City Council in increments of $100,000.00, not to exceed $250,000.00, recommendations for capital projects:  recommend adoption of the accompanying Order requesting the City Manager to recommend $100,000.00 as matching funds for renovations to the Worcester Common, $100,000.00 towards the urban shade tree program and $50,000.00 for swimming pool and playground equipment upgrades.

 

TABLED UNDER PRIVILEGE

 

29.          REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting communication relative to current status of the local option statute establishing an age limit of 32 for entry to the positions of Firefighter and Police Officer: recommend adoption of the accompanying Order to adopt the local option statue establishing an age limit of 32 for original appointment to the position of Firefighter and Police Officer in the  City of Worcester.

Council voted on a roll call of 10-0 to accept the Report of the Public

Safety Committee and adopt the Order.  Reconsideration was denied

on a voice vote.

                                                    

TABLED ITEMSNo Action Taken

 

30.     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)

 

31.          Communication of the City Manager transmitting communication relative to city employees serving on Boards and Commissions.  (Tabled April 3, 2001)

 

32.     Order – Granting permission to MASSACHUSETTS ELECTRIC and VERIZON NEW ENGLAND, INC. for a joint pole location on:  BURGHARDT ST.  (Tabled October 23, 2001)

 

33.     Order – Granting permission to MASSACHUSETTS ELECTRIC and VERIZON NEW ENGLAND, INC. for a joint pole location on:  WESTBOROUGH ST.   (Tabled October 23, 2001)

 

34.     Order – Granting permission  to CHARTER COMMUNICATIONS for conduit and cable location on:  SEYMOUR ST.  (Tabled October 23, 2001)

 

35.     Order – Granting permission to CHARTER COMMUNICATIONS for conduit and cable location on:  UPSALA ST.   (Tabled October 23, 2001)

 

36.     Order – Granting permission to CHARTER COMMUNICATIONS for conduit and cable locations on:  WALL & THORNE STS.   (Tabled October 23, 2001)

 

37.          Communication of the City Manager transmitting communication relative to Salary Ordinance amendments necessary to implement the merit pay awarded for the DH group based on evaluation of their performance during the prior fiscal year.  (Tabled November 20, 2001)

 

 

 

                                                    

38.          Communication of the City Manager recommending that One Hundred Fifty Thousand One Hundred Forty Eight Dollars and Ninety Seven Cents ($150,148.97) be transferred to various accounts listed to fund the Merit Pay for department heads and their assistants for fiscal 2002 for all tax levy departments and recommend that Twenty Three Thousand Seven Hundred Fifty One Dollars and Sixty Eight Cents ($23,751.68) in funds available within the accounts identified be appropriated for the purpose of implementing Merit Pay for all non-tax levy department heads and their assistants for fiscal 2002.  (Tabled November 20, 2001)

 

39.          Communication of the City Manager transmitting communication relative to Merit Pay Increases and other items held at the meeting of November 13, 2001.  (Tabled November 20, 2001)

 

 

 

                                     _______________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

DECEMBER 6, 2001         EDUCATION           COUNCIL CHAMBER

   4:00-5:00 P.M.

 

 

DECEMBER 6, 2001          STRATEGIC            COUNCIL CHAMBER

   5:00-6:00 P.M.                  PLANNING

 

 

DECEMBER 11, 2001           HEALTH                COUNCIL CHAMBER

   6:15-7:00 P.M.

 

 

DECEMBER 12, 2001         MUNICIPAL            COUNCIL CHAMBER

    5:00-6:00 P.M.                OPERATIONS

 

 

DECEMBER 12, 2001     PUBLIC SERVICE      COUNCIL CHAMBER

      6:00 P.M.                 & TRANSPORTATION

 

 

DECEMBER 13, 2001         COMMUNITY          COUNCIL CHAMBER

      4:00 P.M.                      DEVELOPMENT

                                                    

 

DECEMBER 13, 2001        PUBLIC WORKS      COUNCIL CHAMBER

      6:00 P.M.

 

 

DECEMBER 13, 2001          TRAFFIC &             COLUMBUS PARK

      6:00 P.M.                         PARKING                SCHOOL GYMNASIUM

                                                                                75 LOVELL ST.

                          Re:  Intersection of Lovell, Maywood,

                                 Isabella Sts. & Circuit Ave.

 

DECEMBER 17, 2001           TRAFFIC &            COUNCIL CHAMBER

      6:00 P.M.                          PARKING