CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – APRIL 6, 2004

7:00 P.M.

Convened:  7:05 P.M.

Adjourned:   9:10 P.M.

 

 

1.       INVOCATION –  Captain Steven Lopes

Salvation Army Citadel

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present except Councillor Haller

 

Mayor Murray read a Proclamation proclaiming the week of April 4-10, 2004 as Coalition for a Healthy and Active America Week in the City of Worcester

 

HEARING AND ORDER – 7:00 P.M.

 

          4 Hearing held

 

4.       CLARK UNIVERSITY to install duct banks in:  MAYWOOD ST. (Attachments)

 

          4a ORDER ADOPTED

 

4a.     Granting permission to CLARK UNIVERSITY to install duct banks in:  MAYWOOD ST.

 

FIRST ITEM OF BUSINESS

 

          Taken up with #53

 

5.       Monthly status reports consistent with Standing Committees on the following economic development initiatives:  Union Station garage and tenancy, Massport’s partnership efforts at the Airport, downtown housing development, Mass. Highway road project schedules, Gateway Park grants and tenancy, Gardner-Kilby-Hammond project, SWIP project, brownfield initiatives, Coes Dam rehab, replacement and relocation of Central Garage, Visitor’s Center rehab, telecommunications contract, Wyman Gordon property reuse, Worcester Center tenancy and the Arts District.

 

6.       ITEMS OF CITIZEN INTEREST

 

6a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          7 & 8 REFERRED TO PLANNING BOARD

 

7.       Carl Foley, President, Botany Bay Construction Co., Inc. request City of Worcester accept Roseville Lane as a public street.  (Attachments)

 

8.       Robert Protano, President & James Gardner, Treasurer, D.P.R. Realty, Inc. request zone change for portion of property at 937-945 West Boylston St. from RL-7.0 to BL-1.0.  (Attachments)

 

          9-14 REFERRED TO PUBLIC WORKS COMMITTEE

 

9.       Michael & Patricia Burke request abatement of Sewer Assessment #30929 in the amount of $3,247.10 on Burgess Rd.  (Attachments)

 

10.     Frank Corridori request regrading of Franklin St. from Harrington Way to 729 Franklin St.  (Attachments)

 

11.     Thomas & Mary Kelleher request abatement of Sewer Assessment #30928 in the amount of $3,060.90 on Burgess Rd.  (Attachments)

 

12.     Michael Hannon, President, Design with Nature, Inc. request to install 190’ of 8” sanitary sewer in Tatnuck Terrace and Howe Ave. (Attachments)

 

13.     Marc Williams request to install 150’ of sanitary and surface sewer main in Porter St. to service Lot #4.  (Attachments)

 

14.     James & Rachel Egan request abatement of Sewer Assessment #30925 in the amount of $3,091.68 on Burgess Rd.  (Attachments)

         

          15-20 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

15.     Jean Stranieri request No Turn on Red sign be placed at Lincoln St. and Country Club Blvd.  (Attachments)

 

16.     Michael & Bertha-Elena Cirillo request resident parking in front of 7 Kensington Rd.  (Attachments)

 

17.     Richard Vo request metered parking in front of 104 Chandler St. (Attachments)

 

18.     Luis Rodriquez request handicap parking in front of 4 Delaware St. (Attachments)

 

19.     John LaPrade et al request resident only parking between 1 & 7 Marconi Rd.   (Attachments)

 

20.     Councillor Frederick Rushton on behalf of George Valeri request removal of one handicapped parking space across from 51 Wall St. (Attachments)

 

          21 & 22 HEARINGS SET FOR APRIL 13, 2004 – 7:00 P.M.

 

21.     CLARK & MOTT on behalf of FIBER TECHNOLOGIES NETWORKS, LLC to install and maintain fiber optic telecommunications facilities at:  PROVIDENCE ST. @ GLOUCESTER ST.  (Attachments)

 

22.     CLARK & MOTT on behalf of FIBER TECHNOLOGIES NETWORKS, LLC to install and maintain fiber optic telecommunications facilities at:  CORAL ST. @ UNION PLACE.

          (Attachments)

 

CHAIRMAN’S ORDERS

 

          23-25 FROM PUBLIC WORKS - ADOPTED

 

23.     Request Administration report to City Council regarding the possibilities of daylighting a longer portion of Beaver Brook from the proposed southerly terminus in the vicinity of the supermarket on May St. southerly to the area of Maywood St.  (Attachments)

 

24.     Request Administration to explore the use of field turf or another artificial material for covering the proposed new playing fields at Beaver Brook Park.  (Attachments)

 

25.     Request Commissioner of Public Works to keep City Council informed of the plans for daylighting Beaver Brook as it moves through various stages.  (Attachments)

 

          26-32 FROM YOUTH, PARKS & RECREATION - ADOPTED

 

26.     Request Administration to consider improvements to the environs of the Rogers-Kennedy Memorial in the public-private restoration efforts to be undertaken during calendar 2004.  (Attachments)

 

27.     Request Administration to provide City Council with a status report on the corrective work to be conducted to the City Hall Garage and rear plaza when appropriate.   (Attachments)

 

28.     Request Administration to place on hold the plans to go forward requesting an RFP for study of Hope Cemetery until such time as the Worcester Regional Research Bureau study on the same topic is received.  (Attachments)

 

29.     Request Administration to communicate with Dan Hartwell, promoter of Locobazooka concerning his plans for locating the 2004 music festival.  (Attachments)

         

30.     Request Administration report to City Council concerning progress in consolidating recreational facility permitting.  (Attachments)

 

31.     Request Acting Commissioner of Parks, Recreation and Cemetery to consider new handball courts in the future budget planning. (Attachments)

 

32.     Request Administration report to City Council regarding the possible installation of an overhead light in the parking area in Greenwood Park.  (Attachments)

 

ORDERS

 

33.     Request Superintendent of the Worcester Public Schools report on the status of the gate to the Norrback School that was to be kept closed per a prior agreement.   (Petty, White)  (Attachments)

 

          Placed on file

 

34.     Request Administration to increase traffic speed enforcement on Crystal St., especially late afternoon, in the interest of public safety.                                  (Haller)  (Attachments)

          Adopted

 

35.     Request City Manager to develop a strategy to keep companies’ business headquarters in downtown Worcester for the purpose of economic development.   (Perotto, Petty)  (Attachments)

 

          Adopted

 

36.     Request City Manager to provide a report on the reconfiguration of athletic fields at Beaver Brook Park. Perotto, White, Rushton, Gomez) (Attachments)

 

          Adopted

 

37.     Request City Manager to provide a report on “Filled Turf” for use on athletic fields across the City of Worcester. (Perotto, Gomez, White, Rushton)  (Attachments)

 

          Adopted

 

38.     Request Administration report on the status of implementation of citi stat program regarding the Health and Code Department, as a pilot program.   (Lukes)  (Attachments)

 

          Adopted

 

39.     Request Acting Commissioner of Parks and Recreation to engage members of the public and civic organizations in the design and restoration of the horticultural aspects planned for the plaza and façade of City Hall.   (Rushton)  (Attachments)

 

          Adopted

 

40.     Request Administration consider developing a plan to pro-actively retain businesses in the City of Worcester; utilizing existing public, private and quasi-public agencies in this effort.   (Rushton) (Attachments)

 

          Adopted

 

41.     Request Administration to look towards the Wyman-Gordon properties as the site for a minor league baseball stadium.  (Palmieri) (Attachments)

 

          Councillor Haller moved to amend: Further, request Administration to include the Canal District CDC in discussion as to any proposed reuse

 

          Councillor Clancy moved to amend:  Further, request that the landfill site also be considered as a possible future location for a minor league baseball stadium

 

          Councillor Rushton moved to amend: Further, request Administration talk to any affiliation with minor league baseball relative to locating a stadium on this site

 

          Adopted, as amended

                  

42.     Request City Manager work with the Election Commission in assisting the Central Election Commission of the Dominican Republic in providing a satellite polling location at an appropriate location in Worcester and further, that they assist the Central Election Commission of the Dominican Republic in securing the proper police detail for the day.   (Gomez)  (Attachments)

 

          Adopted

 

43.     Request Administration report on the impact of open air metered public parking lots upon the zoning regulations concerning food service/restaurant seating occupancy requirements.   (Lukes) (Attachments)

 

          Adopted

 

44.     Request Administration report on the positions (with salary) which were unfilled in the 2004 budget and those positions which were subsequently filled during the fiscal year and/or are contemplated for replacement.   (Lukes)   (Attachments)

 

          Adopted

 

45.     Request City Manager report to City Council on whether Mass. Highway Department has extended the start date of the Washington Sq. reconstruction.  (Clancy)  (Attachments)

 

          Adopted

 

46.     Request City Council to consider elimination of the Ordinance Committee and in its place have all ordinance items referred to Land Use to report to the full City Council.   (Perotto, Clancy) 

          (Attachments)

 

          Mayor Murray requested Rules Committee meet within 30 days

 

          Councillor Petty moved to amend: Further, request a time standard be applied to ordinance items referred to the Land Use Committee

 

          Adopted, as amended

 

47.     Request Administration review ordinances adopted by other municipalities across the country to address proliferation of panhandling at numerous intersections around the city of the past several months. (Murray, Petty, Palmieri, Perotto, Clancy, Haller, Irish) (Attachments)

 

          Adopted

 

48.     Request Administration convene a meeting of various substance abuse, mental health and shelter providers to develop street outreach strategies to provide panhandlers with needed services. Murray, Petty, Palmieri, Perotto, Clancy, Haller, Irish) (Attachments)

 

          Adopted

 

49.     Request Chief of Police provide a report on his definition of quality of life crimes and how his community policing strategy addresses these quality of life crimes, including implementation, supervision and benchmarking criteria.   (Murray, Petty, Haller, Irish)  (Attachments)

 

          Adopted

 

50.     Request City Manager to request the Worcester Housing Authority to provide a report on changes made to facilities and programs in the last 18 months.   (Lukes)  (Attachments)

 

          Adopted

 

50a.   Request Administration to bring back to City Council the study done relative to siting a farmers market in the Union Station garage.  Motion-Irish @ #53CC – Adopted  (Attachments)

 

50b.   Request Administration to request the developers of the Gateway Park to provide a broad timeline for this project.  Motion-Irish @ #53CC – Adopted  (Attachments)

 

50c.   Request Administration to request a report from  Massport as to what type of marketing effort,  relative specifically to commercial air service is Massport engaged in or considering on behalf of the Worcester Regional Airport.  Motion-Irish @ #53CC – Adopted (Attachments)

 

50d.   Request Administration to report as to what non-profits have received loans from the city in the past five years and if there are any defaults.  Motion-Lukes @ #53CC – Adopted  (Attachments)

 

50e.   Request Administration to request a schedule from the new developer of the Common Outlet Mall as to a timeframe through the end of the year relative to the scope of work that is planned for this facility.  Motion-Clancy @ #53CC – Adopted  (Attachments)

 

50f.    Request Administration to include the design schedule for the Union Station Parking Garage in future Economic Development Initiatives Reports.  Motion-Clancy @ #53CC – Adopted (Attachments)

 

50g.   Request Administration to include in the April Economic Development Initiatives Report the exact cost of the Wyman-Gordon property and the exact date of when Wyman-Gordon wants to sell the property.  Further, request Administration include in the April Economic Development Initiatives Report the City’s bonding capacity on an annual basis relative to this property.  Motion-Clancy @ #53CC – Adopted  (Attachments)

 

50h.   Request Administration to include in the monthly Economic Development Initiatives Report the outstanding liability for the Gardner Kilby Hammond project.  Motion-Clancy @ #53CC – Adopted  (Attachments)

 

50i.    Request Administration to provide in the next Economic Development Initiatives Report a listing of neighborhoods the City is potentially outlining for the Citywide Master Plan.  Motion-Clancy @ #53CC – Adopted  (Attachments)

 

50j.    Request  Administration to provide clarification of a statement made at the hearing on March 31, 2004  at the Senior Center by the State that they would be delaying  the Washington Square reconstruction project possibly until 2007.  Further, if there might be a delay, request a response as to what that might mean to the new mall owners and their plans for reconstruction.  Motion-Clancy @ #53CC – Adopted

          (Attachments)

 

50k.   That the Title of Telecommunications Contract in the monthly Economic Development Initiatives Report be changed to Telecommunications/Cable Services.  Motion-Petty @ #53CC – Adopted  (Attachments)

 

50L.   Request Administration to look at the concept of a Business Improvement District in the downtown business district in the City.  Motion-Murray @ #35 & 40CC – Adopted  (Attachments)

 

50m.  Request Administration to forward the concept of a Business Improvement District to the consultants that are developing a master plan for downtown.  Motion-Lukes @ #35 & 40CC – Adopted (Attachments)

 

50n.   Request City Auditor to report relative to non compliance finding in the Single Audit for the year ended June 30, 2003.  Motion-Irish @ #54CC – Adopted  (Attachments)

 

50o.   Request City Manager to report on how State water usage rules will affect the City of Worcester.  Petty – Suspension of Rules – Adopted  (Attachments)

 

50p.   Request City Manager to report on how State funding of the DARE program will affect the City of Worcester.  Petty – Suspension of Rules – Adopted  (Attachments)

 

50q.   Request Chief of Police to provide speed enforcement on Coolidge Rd.  Rushton – Suspension of Rules – Adopted (Attachments)

 

51.     RECESS TO FINANCE AND ORDINANCE:  No Action Taken

 

          FINANCE

a)                 #35CC  February 3, 2004

Thomas R. Hoover, 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)

 

COMMUNICATIONS

 

52.     David J. Rushford, City Clerk transmitting month-to-month itemization of U.S. Passport processing.  (Attachments)

 

          Placed on file

 

53.     Michael V. O’Brien, Acting City Manager transmitting March Economic Development Initiatives Report.  (Attachments)

 

          Referred to Commerce & Development Committee, Housing &

Neighborhood Revitalization Committee, Public Service &

Transportation Committee and Public Works Committee

 

54.     James DelSignore, City Auditor transmitting City’s Single Audit for year ended June 30, 2003.  (Attachments)

 

          Referred to Municipal Operations Committee

 

RESOLUTION

 

54a.   That the City Council contact State Representatives and Senators urging them to adequately fund mental health and detox services in our area.  Motion-White @ #47CC – Adopted on a roll call 10-0 (Haller absent)  (Attachments)

 

REPORTS

 

          55 & 56 ACCEPTED & ORDERS ADOPTED ON A ROLL CALL 9-0 (Gomez, Haller absent)

 

55.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Councillors Paul Clancy, Jr. & Philip Palmieri on behalf of Joseph DiPersia requesting extension of sewer line to property at 496 Hamilton St.: recommend adoption of the accompanying Order requesting the Commissioner of Public Works to extend the sanitary sewer at a cost of $17,500.00, approximately 100’ from Dallas St. to 496 Hamilton St.(Attachments)

 

56.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of State Representative John Fresolo on behalf of Austin Cannon requesting installation of a new sidewalk on Olean St. from Kinney Dr. to Tatnuck Gardens:  recommend adoption of the accompanying Order authorizing the Commissioner of Public Works to construct a sidewalk on Olean St. from Kinney Dr. to  Tatnuck Gardens at an estimated expense of $4,945.00.  (Attachments)

 

          57-59 ACCEPTED & ORDERS ADOPTED

 

57.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Francis Kelleher requesting to extend 8” water main on Benoit St. from existing end approximately 40’, at owner’s expense:  recommend adoption of the accompanying Order.  (Attachments)

 

58.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Eric Tucker requesting installation of handrails on staircase between sidewalk and street at 95 Harrison St.:  recommend adoption of the accompanying Order.  (Attachments)

 

59.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager relative to improvements to Beaver Brook Park:  recommend adoption of the accompanying Order that the City Council approves preliminary plans for the daylighting of Beaver Brook.  (Attachments)

 

          60-85 ACCEPTED

 

          REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following Petitions:  recommend Petitions be placed on file.

 

60.     Councillor Stephen Patton on behalf of Kendrick Neighborhood Association request repair of gate at cul-de-sac on Brooks St. at the Cinema.  (Attachments)

 

61.     Councillor Barbara Haller request repair/replacement of fire hydrant at 84-86 Canterbury St.  (Attachments)

 

62.     Robert Sbrogna request relocation of fire hydrant from in front of 399 Shrewsbury St. approximately 100’ easterly to bus stop in front of 409 Shrewsbury St.  (Attachments)

 

          REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

63.     Relative to fencing and landscaping work, I-290 ramp widening at the Burncoat St. exit.  (Attachments)

 

64.     Relative to lowering drains and other Public Works appurtenances in Mabelle St. and Kinnicutt Rd. South.  (Attachments)

 

65.     Relative to I-290 Viaduct Reconstruction Project.  (Attachments)

 

          REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the following Petitions:  recommend Petitioners be given leave to withdraw.

 

66.     Councillor Barbara Haller on behalf of Louise Lombardo et al request that a portion of Abbott St. running from the end of Walgreens parking lot and the residences to the intersection with Winfield St. be closed as it is impassable.  (Attachments)

 

67.     Steven Teasdale et al request City approve temporary closure of Tainter St. from #38 to southern intersection with Kilby St., Ripley St. from #41 to intersection with Tainter St. to the east and Kilby St. from the intersection with Beacon St. to Tainter St. to its south, to allow for construction activity relative to asbestos abatements, ground remediation, demolition and earthenwork necessary for development of the new Boys & Girls Club and Clark University Athletic Fields. (Attachments)

 

68.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of John Sposato requesting sewers in Trent Rd.:  recommend Petition be denied. (Attachments)

 

          REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

69.     Relative to restoration of the Rogers Kennedy Memorial. (Attachments)

 

70.     Relative to Rogers Kennedy Memorial litigation update. (Attachments)

 

71.     Relative to state report on the Rogers Kennedy Memorial. (Attachments)

 

72.     Relative to update – Rogers Kennedy Memorial restoration/private funding initiative.  (Attachments)

 

73.     Relative to status, research and recommendations for privatization of Hope Cemetery.   (Attachments)

 

74.     Relative to privatization/lease of Hope Cemetery.  (Attachments)

 

75.     Relative to City Hall Garage and rear plaza rehabilitation – contract status.  (Attachments)

 

76.     Relative to an invitation to a public meeting – proposed safety improvements to the Jack Barry Little League Softball Field at Harrington Way.  (Attachments)

 

77.     Relative to status report – Kendrick Field improvement Phase II. (Attachments)

         

78.     Relative to an update on relocating Locobazooka Music and Art Festival within the City of Worcester for this calendar year. (Attachments)

 

79.     Relative to recommendations for immediate measures for Hope Cemetery – Temporary Laborers.  (Attachments)

 

80.     Relative to cleanup efforts in the areas of Franklin St., Plantation St., Lake Ave., Millbrook St., Putnam Lane and Hamilton St. (Attachments)

 

81.     Relative to announcement of a “Safe Play” partnership to improve Bell Hill Playground.  (Attachments)

 

82.     REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of Helen Friel, Assistant to the Superintendent/Clerk of the School Committee transmitting Worcester Public Schools Building Use Policy and Procedures: recommend Communication be placed on file.   (Attachments)

 

          REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the following Orders:  recommend Orders be placed on file. 

 

83.     Councillor Lukes requesting Youth, Parks and Recreation Committee look at stronger language and add a threshold of money to be established as a minimum endowment for the maintenance of the Firefighters Memorial to be constructed next to Fire Department Headquarters. (Attachments)

 

84.     Councillor Lukes requesting Administration to consider a recommendation for appropriating money from free cash for the replacement of all trees removed the past and current year that are not currently funded.  (Attachments)

 

85.     REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Petition of William Ortiz et al requesting City of Worcester build new handball courts:  recommend Petition be placed on file.   (Attachments)

 

TO BE ORDAINED

 

          86-89 ORDAINED ON A ROLL CALL 10-0 (Haller absent)

 

86.     Amending the Salary Ordinance relative to the Salary of the City Manager.  (Attachments)

 

87.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to prohibit parking on both sides of Robertson Rd. for a distance of  100’ south of Pleasant St.  (Attachments)

 

88.     Amending Section 2, Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to miscellaneous zone changes in the Vernon Hill Area.  (Attachments)

 

89.     Amending Section 3, Article XVII of the Worcester Zoning Ordinance adopted April 2, 1991 allowing by Special Permit in Adaptive Reuse Overlay Districts food service, indoor recreation and retail sales.  (Attachments)

 

TABLED UNDER PRIVILEGE

 

90.     Communication of the City Manager recommending that $1,000.00 be transferred from Account #330-07, Reserve for Appropriation Damage Settlement and appropriated to Account #72S611, Tree Plantings, to provide funds for the purpose of replacement (caliper inch for caliper inch) of one live 5” caliper public shade tree that has been requested for removal by Botany Bay Construction, Inc. to allow for the development on Mill St.  (Attachments)

         

          Tabled

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

APRIL 7, 2004                  HOUSING &               SOUTH WORCESTER

      5:30 P.M.               NEIGHBORHOOD           NEIGHBORHOOD CTR.

                                    REVITALIZATION           47 CAMP ST.

 

 

APRIL 12, 2004          COMMERCE &                 COUNCIL CHAMBER

      5:30 P.M.              DEVELOPMENT

 

 

APRIL 12, 2004        PUBLIC WORKS          QUINSIGAMOND ROOM

      7:00 P.M.                                                    QUINSIGAMOND SCHOOL

                                                                          832 MILLBURY ST.

 

 

APRIL 13, 2004             TRAFFIC &                        COUNCIL CHAMBER

      5:15 P.M.                  PARKING

 

 

APRIL 26, 2004      MILITARY AFFAIRS               COUNCIL CHAMBER

       5:30 P.M.                

 

 

APRIL 26, 2004         ELDER AFFAIRS                  COUNCIL CHAMBER           

      7:00 P.M.

 

 

APRIL 27, 2004              TRAFFIC &                       COUNCIL CHAMBER

      5:15 P.M.                   PARKING