CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – APRIL 30, 2002

7:00 P.M.

Convened:  7:00 P.M.

Adjourned:  9:10 P.M.

 

 

1.                 INVOCATION –  Rev. Roosevelt Hughes

John St. Baptist Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

2.                 ROLL CALL – All present

 

Mayor Murray read a Proclamation declaring May 2002 as Children’s Mental Health Month in the City of Worcester

 

Mayor Murray also read a Proclamation declaring May 11, 2002 as Letter Carriers Food Drive Day in the City of Worcester

 

4.       PRESENTATION OF RESOLUTIONS TO ELLEN VALLON AND HELEN WHALL FOR THEIR YEARS OF SERVICE ON THE CITIZENS ADVISORY COUNCIL.

 

HEARINGS AND ORDERS – 7:00 P.M.

 

          5-8 Hearings held – 5 Tabled

 

5.       CHARTER COMMUNICATIONS for conduit locations:  BATES AVE., LINCOLN ST., BURNCOAT ST. (Attachments)

 

6.       CHARTER COMMUNICATIONS for conduit locations:  BELMONT ST., RODNEY ST., MERRIFIELD ST., ELLIOTT ST., EASTERN AVE., LAUREL ST. (Attachments)

 

7.       CHARTER COMMUNICATIONS (AMENDED PETITION) for conduit location:  GARDNER ST. (Attachments)

 

8.       CHARTER COMMUNICATIONS (AMENDED PETITION) for conduit location:  PLANTATION ST. (Attachments)

 

6a-8a ADOPTED – 5a Tabled

 

5a.     Granting permission to CHARTER COMMUNICATIONS for conduit locations:  BATES AVE., LINCOLN ST., BURNCOAT ST.

 

6a.     Granting permission to  CHARTER COMMUNICATIONS for conduit locations:  BELMONT ST., RODNEY ST., MERRIFIELD ST., ELLIOTT ST., EASTERN AVE., LAUREL ST.

 

7a.     Rescinding Order of March 12, 2002 and granting permission to CHARTER COMMUNICATIONS for conduit location:  GARDNER ST.

 

8a.     Rescinding Order of March 12, 2002 and granting permission to CHARTER COMMUNICATIONS for conduit location:  PLANTATION ST.

 

9.       ITEMS OF CITIZEN INTEREST

 

9a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          10 REFERRED TO THE PLANNING BOARD

 

10.     Dean Schneyer request to make public Julien Ave. (Attachments)

 

          11-19 REFERRED TO PUBLIC WORKS COMMITTEE

 

11.     Jeffrey & Kathleen Barnard request abatement of Street Betterment Assessment #24437 in the amount of $2,532.50 on Delmont Ave. (Attachments)

 

12.     Elizabeth Sheehan & Anna Taraian (deceased) request abatement of Street Betterment Assessment #24426 in the amount of $5,242.38 on Keen St. (Attachments)

 

13.     Beatrice Ambrose request abatement of Street Betterment Assessment #24440 in the amount of $3,165.63 on Delmont Ave. (Attachments)

 

14.     Thomas & Christine Malone request abatement of Street Betterment Assessment #24432 in the amount of $10,980.72 on Keen St. (Attachments)

 

15.     Louis Zompetti, Jr. request permanent cement stairs with railing on City property on Bowker St. side of home at 5 Stratfield St.  Also request sidewalk repair on Bowker St. side of 5 Stratfield St. (Attachments)

 

16.     Katherine O’Hara request sidewalk repair in front of 68 Venus Dr. (Attachments)

 

17.     Francis & Irene Bastardo request abatement of Street Betterment Assessment #24445 in the amount of $11,544.40 on Orton St. (Attachments)

 

18.     Cheryl Connor request sidewalk repair in front of 118 Longmeadow Ave. (Attachments)

 

19.     Robert Paulhus request to extend existing municipal sewer main on Amesbury St. by approximately 100 ft. to service 42 Amesbury St. (Attachments)

 

19a.   Councillor Michael Perotto and Councillor Philip Palmieri on behalf of Barbara DeMauro request sidewalk repair between 1-9 Trinity Ave.  Referred to Public Works Committee – Suspension of Rules

          (Attachments)

 

          20-24 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

20.     Joanne Malone et al request Stop signs on Keen St. at the intersection of Montello St. (Attachments)

 

21.     Walter Antul request Stop sign on Park Villa Ave. at Lady Bank Rd. (Attachments)

 

22.     Joe Aromando request Stop sign at the intersection of Fairmont Ave. and Bedford St. (Attachments)

 

23.     Mae Pietal request two handicap parking spaces on the Reeves St. side of 21 Whipple St. (Attachments)

 

24.     Bernard Williams request handicap parking in front of 3 Veterans Ave. (Attachments)

 

24a.   Councillor Barbara Haller request pedestrian crossing light at the corner of Elm St. and Park Ave. to facilitate pedestrians crossing from one side of Elm Park to the other side of Elm Park.  Referred to Traffic & Parking Committee – Suspension of Rules (Attachments)

 

          25 & 26 HEARINGS SET FOR MAY 7, 2002 – 7:00 P.M.

 

25.     NSTAR ELECTRIC & GAS for gas main location on:  BAUER ST. (Attachments)

 

26.     NSTAR ELECTRIC & GAS for gas main locations on:  FALCON ST., WILLVAIL ST. (Attachments)

 

ORDERS

 

26a.   Request City Manager to provide City Council with a copy of the Seattle and San Francisco Ordinances addressing guidelines for photographing protesters in public places.  Motion-Perotto @ #16A CM – Adopted   (Attachments)

 

26b.   Request Administration to provide City Council with a timeline as to when the fit-out at Union Station might be completed.   Motion-Irish @ #7B CM – Adopted   (Attachments)

 

26c.   Request City Manager to report as to the obligations of the WRA in terms of the tax credit issue and the operation of Union Station.  Motion-Lukes @ #7B CM – Adopted   (Attachments)

 

26d.   The City Council hereby requests re-instituting monthly reporting on all aspects of the Union Station and Washington Square Project in the same format as previously submitted.   Motion-Murray @ #7B CM – Adopted   (Attachments)

 

26e.   Request City Manager to create a special economic development zone for the 67,000 square feet of vacant land controlled by the City of Worcester at the proposed South Worcester Industrial Park.  Motion-Haller @ #7D CM – Adopted on a roll call 9-0 (Clancy, Palmieri absent) (Attachments)

 

26f.    Request Administration to consider installing a traffic signal in front of the Webster St. Fire Station.  Motion-Perotto @ #7E CM – Adopted   (Attachments)

 

26g.   Request Administration to report relative to what the initial cost of the Webster St. Fire Station was bid by the contractor, what the actual cost of construction was and if there were discrepancies, the causes for those discrepancies.   Motion-Gomez @ #7E CM – Adopted

          (Attachments)

 

26h.   Request Police Chief to report relative to the number of citations issued for excessive noise in problem areas of the City.  Motion-Murray @ #20A CM – Adopted   (Attachments)

 

26i.    Request Administration to provide City Council with reports on a regular basis  relative to incidents in the College Hill area near the College of the Holy Cross involving student disturbances.  Motion-Haller @ #20C CM – Adopted   (Attachments)

 

26j.    Request City Manager, Mayor and President of Holy Cross College to develop high level meetings amongst themselves to discuss on a monthly basis the problem of student disturbances in the College Hill area.   Motion-Clancy @ #20C CM – Adopted   (Attachments)

 

26k.   Request City Manager to provide City Council with the most current report relative to incidents in the College Hill area over the weekend of April 27, 2002.  Motion-Clancy @ #20C CM – Adopted (Attachments)

 

26L.   Request Administration to report as to the owners of properties in the College Hill area where student disturbances are occurring.  Motion-Abraham @ #20C CM – Adopted   (Attachments)

 

26m.  Request Administration to report as to any statistics on the number of arrests in the College Hill area in the past six months by the Worcester Police Department and what types of complaints have been issued. Motion-Palmieri @ #20C CM – Adopted   (Attachments)

 

26n.   Request Administration not to extend any contracts for this year to towing companies and that they include a requirement for posting of notices on towing company property as to where people can complain relative to towing of their vehicles and if there is an ATM on the premises.  Further, request Administration consider only having credit cards or cash and excluding the ATM services on the premises in their next contract requirements.   Motion-Lukes @ #25A CM – Adopted   (Attachments)

 

26o.   Request Administration to provide City Council with a stat sheet including all ten towing zones for the last 15 years as to how much was bid and what the subsequent bids were and how long each contract was given for, two or three years.  Motion-Clancy @ #25A CM – Adopted   (Attachments)

 

26p.   Request Administration to report on the possibility of relocating the netting installed at Burncoat St. School to prevent foul balls from landing on property at 42 North Parkway.  Palmieri – Suspension of Rules – Adopted   (Attachments)

 

26q.   Request Administration to place some type of speed trap on Wall St. Palmieri – Suspension of Rules – Adopted   (Attachments)

 

26r.    Request Administration to report going back five years as to what the allocations were for all of the different Block Grant groups.   Palmieri – Suspension of Rules – Adopted   (Attachments)

 

26s.   Request Administration to provide City Council with an update from the Health Foundation of Central Mass. with regard to the oral health initiative.   Haller – Suspension of Rules – Adopted  (Attachments)

 

26t.    Request Administration to contact the School Department relative to communications that went out to parents or schools as to School Department priorities with regard to the budget situation.  Petty – Suspension of Rules – Adopted   (Attachments)

 

26u.   Request Administration to report on the timeline for completion of electrical conduit improvements and bleacher replacements at Mulcahy Field.  Murray, Clancy – Suspension of Rules – Adopted (Attachments)

 

26v.   Request Administration to report on feasibility, including potential costs and timelines, for completion of lights at basketball courts at Vernon Hill Park.   Murray, Clancy – Suspension of Rules – Adopted   (Attachments)

 

26w.  Request Administration to report on efforts to abate double parking and parking on the sidewalk on Stockton St.   Murray, Clancy – Suspension of Rules – Adopted  (Attachments)

                  

REPORTS

 

          26x ACCEPTED AND RESOLUTION ADOPTED ON A ROLL CALL 11-0 – Suspension of Rules

 

26x.   REPORT OF THE COMMITTEE ON COMMERCE & DEVELOPMENT Upon the Communication of the City Manager transmitting communication relative to the Certified Project Application for the Worcester TC LLC and Abbott Bioresearch Center, Inc.:  recommend adoption of the accompanying Resolution.

          (Attachments)

 

          26y ACCEPTED – Suspension of Rules

 

26y.   REPORT OF THE COMMITTEE ON COMMERCE AND DEVELOPMENT Upon the Communication of the City Manager transmitting communication relative to a report regarding discussion with representatives of Abbott Bioresearch Center, Inc.:  recommend Communication be placed on file. (Attachments)

 

27.     COMMUNICATIONS OF THE CITY MANAGER

 

THOMAS R. HOOVER

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR APRIL 30, 2002

 

APPOINTMENTS

 

1. NON-CITY COUNCIL CONFIRMATION:

 

A.      Notification of the reappointments of Vite J. Pigaga, and Francis X. Pisegna, to the Parks, Recreation and Cemetery Commission. (Attachments)

 

Placed on file

 

B.      Notification of the reappointments of Noberto Soto, and Jennifer Ginsberg to the Human Rights Commission. (Attachments)

 

          Placed on file

 

2. CITY COUNCIL CONFIRMATION:

 

A.      Notification of the reappointment of Robert L. Thomas, to the Worcester Redevelopment Authority. (Attachments)

 

          Reappointment confirmed on a roll call 10-0 (Palmieri absent)

 

TRANSMITTAL

 

3. AIRPORT:

 

4. ASSESSORS:

 

5. BUDGET OFFICE:

 

6. COMMUNICATIONS:

 

7. ECONOMIC DEVELOPMENT:

 

A.      Communication relative to Designating a Canal District in the City of Worcester. (Attachments)

 

Order adopted on a roll call 11-0

 

B.      Communication relative to Cost Figure for Fit-Out of Union Station Spaces 1D and 1E for Commercial/Restaurant Activity as well as Office Space Build-out. (Attachments)

 

Referred to Commerce & Development Committee

 

C.      Communication relative to the Disposition of Wray Square. (Attachments)

 

Order adopted on a roll call 11-0

 

D.      Communication relative to a Development Plan for Approximately 67,000 Square Feet of Vacant Land Controlled by the City of Worcester at the Proposed South Worcester Industrial Park (SWIP). (Attachments)

 

Referred to Commerce & Development Committee

 

E.      Communication relative to the Webster Square Fire Station Punch List. (Attachments)

 

Referred to Public Safety Committee

 

F.      Communication relative to Convention and Visitors Bureau First Quarter Report (January 1 – March 31, 2002). (Attachments)

 

          Recommitted to the City Manager

 

8. ELDER AFFAIRS:

 

9. ELECTION COMMISSION:

 

10. EMERGENCY MANAGEMENT SERVICES:

 

11. EMPLOYMENT & TRAINING:

 

A.      Communication relative to Workforce Development/Higher Education Summit. (Attachments)

 

          Placed on file

 

12. FIRE:

 

A.      Request City Council accept with gratitude a donation from Local 1009 and Leary Firefighters Foundation (A Self Contained Breathing Apparatus Response Unit). (Attachments)

 

          Order adopted with gratitude

 

13. HUMAN RESOURCES:

 

14. HUMAN RIGHTS:

 

15. INFORMATION SERVICES:

 

16. LAW:

 

A.      Communication relative to Photographing Protesters in Public Places. (Attachments)

 

Referred to Public Safety Committee

 

17. LICENSE COMMISSION:

 

18. NEIGHBORHOOD SERVICES:

 

19. PARKS, RECREATION & CEMETERY:

 

A.      Request City Council accept with gratitude a donation of $2,208.00 from Graham, Putnam & Mahoney Funeral Parlors for the Commonwealth of Massachusetts Vietnam Veterans Memorial (VVW) at Green Hill Park. (Attachments)

 

Resolution adopted with gratitude

 

B.      Request City Council accept with gratitude a donation of $2,208.00 from the American Legion Department of Massachusetts for the Commonwealth of Massachusetts Vietnam Veterans Memorial (VVM) at Green Hill Park. (Attachments)

 

          Resolution adopted with gratitude

 

20. POLICE:

 

A.      Communication relative to Plan for Conducting Neighborhood Sweep. (Attachments)

 

Referred to Public Safety Committee

 

B.      Communication relative to Recent Assault on Seward Street. (Attachments)

 

Placed on file

 

C.      Communication relative to the recent incidents on College Hill near the College of Holy Cross, with regards to student disturbances. (Attachments)

 

          Tabled

 

21. PUBLIC HEALTH & CODE ENFORCEMENT:

 

22. PUBLIC LIBRARY:

 

23. PUBLIC SCHOOLS:

 

A.      Communication relative to Progress Report on the Accreditation of Worcester Vocational High School. (Attachments)

 

Placed on file

 

B.      Communication relative to Forest Grove School – Site Cleanup. (Attachments)

 

          Placed on file

 

24. PUBLIC WORKS:

 

A.      Request City Council accept with gratitude a donation of $1,792.79 worth of materials from the merchants at 70 James Street to improve pedestrian safety at that location. (Attachments)

 

Order adopted with gratitude

 

B.      Communication relative to Proposed Parking Fine Schedule Adjustment. (Attachments)

 

          Referred to Fees & Charges Committee

 

C.      Communication relative to Accessing State Funds for Construction of Sidewalks on Harriington Way and Franklin Street. (Attachments)

 

          Referred to Public Works Committee

 

25. PURCHASING:

 

          A.      Communication relative to Towing Issues. (Attachments)

 

          Referred to Municipal Operations Committee

 

26. TREASURY:

 

27. VETERAN’S SERVICES:

 


 

28. FINANCE:

 

          A.      Recommend that Seventy Thousand Dollars ($70,000.00) be     

transferred from the following Personal Services accounts:

 

ACCOUNT          DEPARTMENT                     AMOUNT

         

660-91000             Treasury                                   $34,000.00

270-91000             Communications                         17,000.00

680-91000             Information Services                   12,000.00

120-91000             Law                                              7,000.00

                                                Total                                        $70,000.00

 

and appropriated to Account #370-92000, Veterans Service Department’s Ordinary Maintenance (Benefits) account.  These funds will supplement the department’s FY02 budget. (Attachments)

         

          Order adopted on a roll call 11-0

 

B.      Recommend that Two Hundred Sixty Thousand Dollars ($260,000.00) be transferred from Account #91C739, Sewer Drainage, and appropriated to Account #44C750, Lateral Sewers, to provide funds for the payment of contractual obligations related to various sewer improvement projects, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 11-0

 

C.      Recommend that One Hundred Thousand Dollars ($100,000.00) be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C761, Surface Drainage, to provide funds for the payment of contractual obligations related to various surface drainage projects, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 11-0

 

D.      Recommend that Twelve Thousand Seven Hundred and Sixty Four Dollars and sixteen cents ($12,764.16) be transferred from Account #340-91000, Elder Affairs Personnel Services Account, to Account #044-91000, Neighborhood Services Personnel Services Account to provide funds for a Staff Assistant III position authorized but not funded for fiscal 2002. (Attachments)

 

          Order adopted on a roll call 11-0

 

29. MISCELLANEOUS:

 

28.     RECESS TO FINANCE & 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 ten years. (Attachments)

         

b)      #5A CM  January 29, 2002

Communication of the City Manager relative to the local aid figures included in the Governor's Budget for the City of Worcester for Fiscal 2003. (Attachments)

 

          c)       #96 CC  February 26, 2002

James A. DelSignore, City Auditor transmitting progress report on the status of the City's finances for the fiscal year that ends June 30, 2002.     (Attachments)

         

d)      #5A CM  February 26, 2002

Communication of the City Manager relative to Financial Projections – FY03. (Attachments)

         

e)       #5A CM  March 5, 2002

Communication of the City Manager relative to a report regarding a breakdown of projected debt service line item presented in the fiscal 2003 budget report from last Tuesday's City Council meeting. (Attachments)

         

f)                  #5A CM March 19, 2002

Communication of the City Manager relative to FY 03 Budget – Personnel Reductions. (Attachments)

 

g)                 #39CC  March 26, 2002

Communication of the City Manager transmitting statement of the Mass. Municipal Association relative to the Governor’s revised Fiscal 2003 Budget Plan to cut $200 million from local aid. (Attachments)

 

h)                 #41CC  April 23, 2002

James DelSignore, City Auditor transmitting the Actuarial Valuation and Review for the City of Worcester Retirement System as of January 1, 2002. (Attachments)

 

i)                   #42CC  April 23, 2002

James DelSignore, City Auditor transmitting a study prepared by The Sega Company of the Early Retirement Incentive that is currently being debated in the Mass. Senate. (Attachments)

                  

TABLED UNDER PRIVILEGE

 

29.     Communication of the City Manager recommending that Five Hundred Thirty Nine Thousand Eight Hundred Forty Seven Dollars and One Cent ($539,847.01) be transferred from Account #91C790, School Construction and appropriated to Accounts 33C719, Forest Grove Equipment ($67,239.13) and 33C718, Forest Grove Construction ($472,607.88) to provide funds for the purpose of payment for various contractual obligations related to the construction and equipping of Forest Grove School. (Attachments)

 

          Taken off the Table and Order adopted on a roll call 11-0

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

APRIL 29, 2002                      COMMERCE &

                                                DEVELOPMENT

 

Re:  Certified Project Application for Abbott Bioresearch Center, Inc.

 

5:00-6:00 P.M. – VIEW – ABBOTT BIORESEARCH CENTER, INC.

                                           100 RESEARCH DR.

 

6:00 P.M. – MEETING – COUNCIL CHAMBER

 

 

APRIL 30, 2002                         HEALTH                    COUNCIL CHAMBER

 5:30-7:00 P.M.

 

MAY 1, 2002                   TRAFFIC & PARKING       COUNCIL CHAMBER

  6:00 P.M.

 

MAY 2, 2002                     YOUTH, PARKS &           COUNCIL CHAMBER

 5:00 P.M.                              RECREATION

 

MAY 6, 2002                       PUBLIC WORKS            COUNCIL CHAMBER

  6:00 P.M.                             CANCELLED

 

MAY 7, 2002                LEGISLATIVE AFFAIRS      COUNCIL CHAMBER

6:00-7:00 P.M.

 

MAY 8, 2002                      PUBLIC SAFETY            COUNCIL CHAMBER

  5:00 P.M.

 

MAY 13, 2002                   PUBLIC SERVICE &        COUNCIL CHAMBER

   6:00 P.M.                        TRANSPORTATION

 

MAY 14, 2002                        MUNICIPAL                 COUNCIL CHAMBER

  5:30 P.M.                            OPERATIONS

 

MAY 15, 2002                        LAND USE                   LIBRARY

6:00–7:30 P.M                                                               NELSON PLACE SCHOOL

                                                                                      35 NELSON PLACE

Re:  Proposed Development by Assumption College