CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – MARCH 22, 2005

7:00 P.M.

Convened 7:05 P.M.

Adjourned 8:15 P.M.

 

 

1.       INVOCATION     Rabbi Seth Bernstein

Temple Sinai

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present

 

4.       ITEMS OF CITIZEN INTEREST

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

HEARING AND ORDER

 

5-5a TABLED UNDER PRIVILEGE (PEROTTO)

 

5.       NSTAR for gas main location on: CHANNING ST., GREEN HILL PKWY., UXBRIDGE ST., SHATTUCK ST., LINCOLN ST., FROTHINGHAM RD. and ORAN ST. (Attachments)

 

5a.     Granting permission to NSTAR for gas main location on CHANNING ST., GREEN HILL PKWY., UXBRIDGE ST., SHATTUCK ST., LINCOLN ST., FROTHINGHAM RD. and ORAN ST.

 

PETITIONS

 

6-REFERRED TO PLANNING BOARD

 

6.       Lisa Pappas request to extend the BL-1 zoning through all of 32 & 36 Mower St. (Attachments)

 

          7-REFERRED TO PUBLIC WORKS

 

7.       Gary Levitsky request Oread Place to be repaved. (Attachments)

 

7a.     Councillor Rushton request sidewalk and curbing repair surrounding Midland St. School at Huntley St. Referred to Traffic & Parking - Suspension of Rules (Attachments)

 

8-11b REFERRED TO TRAFFIC &PARKING

 

8.       Susan Kneeland request handicap parking sign at 15 Dix St. (Attachments)

 

9.       Joanne Markarian request “No Parking Anytime” signs be posted on both sides of East Mountain St. from No. 231 East Mountain St. to Century Dr. and Clark St. intersection. (Attachments)

 

10.     Councillor Barbara Haller request that a pedestrian crosswalk signal be installed in Main St. at Marble St. (Attachments)

 

11.     Councillor Barbara Haller request the Commissioner of Public Works repaint the crosswalk in Main St. at Marble St. as soon as the weather permits. (Attachments)

 

11a.   Councillor Rushton on behalf of Mrs. Hannam request removal of handicap parking in front of 7 Commonwealth Ave. Referred to Traffic & Parking - Suspension of Rules (Attachments)

 

11b.   Councillor Clancy and Councillor Perotto request all resident parking signage on College Hill be reviewed prior to the end of May in order to extend the time to include the summer months. Referred to Traffic & Parking – Suspension of Rules (Attachments)

 

12.     Cheryl DelSignore, President EAW request to speak before City Council relative to health insurance. (Attachments) Petitioner spoke -Placed on file

 

ORDERS

 

12a.   Request Administration schedule an early evening tour of Worcester Vocational High School. Motion-Haller @ #6A CM – Adopted (Attachments)

 

12b.   Request City Manager provide the City Council with a copy of a report pertaining to a case that is currently in litigation dealing with land taking by eminent domain in New London, Ct. Motion-Lukes @ # 8A CM – Adopted (Attachments)

 

12c.   Request City Manager consider using Community Development Block Grant funds to support the deficit relative to the Beaver Brook Culvert and Park Improvements. Motion-Perotto @ #18C CM – Adopted (Attachments)

 

12d.   Request City Manager provide the City Council with a report regarding an update of the City acquiring Foley Stadium for expanded usage. Motion-Irish @ #18C CM – Adopted (Attachments)

 

12e.   Request City Manager provide the City Council with a report regarding the itemization of costs for daylighting the Beaver Brook Culvert. Motion-Clancy @ #18C CM – Adopted (Attachments)

 

12f.    Request City Solicitor provide legal opinion on the uses of the Sewer Enterprise Account and a history of what other purposes this account has been dedicated to. Motion-Lukes @ #18C CM – Adopted (Attachments)

 

12g.   Request City Manager request the Health Department to provide neighborhood centers and various media outlets with notices of the rabies clinic to be held on Saturday, April 2, 2005. Motion-Haller @ #20A CM – Adopted (Attachments)

 

12h.   Request Administration provide City Council with a report on the accuracy of the Mass Sex Offender Registry level 3 sex offenders with respect to the actual Worcester residential address and Worcester employment address. Further, request that the report include a discussion on the means used, state and local, to maintain good accuracy of this information. Haller – Suspension of Rules – Adopted (Attachments)

 

13.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR MARCH 22, 2005

 

 

APPOINTMENTS

 

1.  NON-CITY COUNCIL CONFIRMATION:

 

A.      Notification of Constable Appointment Patricia Morrisey. (Attachments) Placed on file

 

B.      Notification of the appointment of John J. Halloran to the Parks, Recreation and Cemetery Commission for a term to expire April 30, 2008. (Attachments) Placed on file

 

2.  CITY COUNCIL CONFIRMATION:

 

A.      Notification of the appointment of Patricia M. McKone to the Advisory Committee on the Status of Women for a term to expire on May 31, 2007. (Attachments) Appointment confirmed on roll call 10-0 (Perotto absent)

 

TRANSMITTAL

 

3.  AIRPORT:

 

4.  ASSESSORS:

 

5.  BUDGET OFFICE:

 

6.  CODE ENFORCEMENT:

 

A.      Communication relative to Worcester Vocational High School – Progress Report, October 1, 2004 through January 31, 2005. (Attachments) Placed on file

 

7.  COMMUNICATIONS:

 

8.  ECONOMIC DEVELOPMENT:

 

A.      Request adoption of an order of taking for the acquisition by eminent domain of approximately 4,757 square feet of land located at 54 Grove Street, for the purposes of widening Grove Street and to mitigate the effects of closing Lexington Street between Grove Street and Prescott Street. (Attachments) Order adopted on roll call 10-0 (Palmieri absent)

 

B.      Communication relative to an overview of the Arts District Partnership work to date. (Attachments) Referred to Commerce & Development Committee

 

9.  ELDER AFFAIRS:

 

A.      Request adoption of five resolutions to file and accept various grant renewals - Council on Aging Formula and Service Incentive Grant from the Mass. Executive Office of Elder Affairs, Corporation for National and Community Service Grant, Senior Service America Grant, The Fallon/OrNda Community Health Fund Grant, The Central Massachusetts Agency on Aging Health Promotion Grant. (Attachments) 5 Resolutions adopted

 

B.      Request adoption of a resolution to authorize a lease for space in the Worcester Senior Center. (Attachments) Resolutions adopted

 

10.  ELECTION COMMISSION:

 

11.  EMERGENCY MANAGEMENT:

 

12.  EMPLOYMENT & TRAINING:

 

13.  FIRE:

 

A.      Communication relative to the Commonwealth of Massachusetts “Act to Reduce the Loss of Life Due to Fires Caused by Cigarettes. (Attachments) Referred to Health Committee

 

B.      Request adoption of a resolution to file and accept FY’05 Bioterrorism Hospital Preparedness Program funds for Mass Decontamination Units (MDU). (Attachments) Councillor Irish recused on roll call 9-0 (Lukes absent) Resolution adopted

 

14.  HUMAN RESOURCES:

 

A.               Communication relative to an update on the progress made to date on issuing handicapped accessible taxicab medallions intended to serve those members of our community who require the use of wheelchairs. (Attachments) Referred to Public Service & Transportation Committee

 

B.                Communication relative to the ordinance authorizing two additional medallions for accessible taxicabs. (Attachments) Referred to Public Service & Transportation Committee

 

15.  LAW:

 

16.  LICENSE COMMISSION:

 

17.  NEIGHBORHOOD SERVICES:

 

18.      PARKS, RECREATION & CEMETERY:

 

A.      Communication relative to an invitation to the fourth public hearing on the Master Plan for Rockwood Field. (Attachments)Placed on file

             

B.      Communication relative to the release of permits and field availability for Spring 2005. (Attachments) Referred to Youth, Parks and Recreation Committee

 

C.      Communication relative to Beaver Brook Culvert and Park Improvements. (Attachments) Referred to Youth, Parks and Recreation Committee and also referred to Public Works Committee

 

D.      Communication relative to an Invitation to the Second Public Hearing on the Master Plan Initiative for Improvements to the Coes Pond Park Facilities. (Attachments) Placed on file

 

19.  POLICE:

 

A.      Communication relative to notification that the City of Worcester was awarded $19,621.00 in Edward Byrne Memorial Mini-Grant funds from the Executive Office of Public Safety. (Attachments) Placed on file

 

20.      PUBLIC HEALTH:

 

A.      Communication relative to a Rabies Clinic to be held at the Department of Public Health on Saturday, April 2, 2005. (Attachments) Placed on file

 

21.  PUBLIC LIBRARY:

 

22.  PUBLIC SCHOOLS:

 

23.  PUBLIC WORKS:

 

A.      Communication relative to fourteen (14) structurally deficient bridges in the City of Worcester. (Attachments) Referred to Public Works Committee

 

B.      Communication relative to the city’s towing policy for vehicles violating the winter parking ban. (Attachments) Referred to Public Works Committee

 

C.      Communication relative to opening public parking lots during declared parking bans. (Attachments) Referred to Public Works Committee

 

D.      Request adoption of a Resolution to file and accept a 2005 Water Loss Prevention Grant from the Massachusetts Department of Environmental Protection. (Attachments) Resolution adopted

 

E.      Request review and adoption of an Order authorizing the City Manager to accept a drainage easement for the extension of public surface sewers at 43 Pineland Avenue. (Attachments) Order adopted on roll call 11-0

 

F.      Communication relative to Keep Worcester Clean (KWC) November and December 2004 Activity. (Attachments) Referred to Public Works Committee

 

24.  PURCHASING:

 

25.  TECHNICAL SERVICES:

 

26.  TREASURY:

 

27.  VETERANS SERVICES:

 

28.  FINANCE:

 

A.      Recommend that the table of organization for the Fire Department be amended by adding one Building Maintenance Craftsman, Pay Grade 30, and deleting one Building Custodian position, Pay Grade 25.

 

To proceed with this recommendation, I recommend that Ten Thousand One Hundred Eighty Seven Dollars and Fifty Two Cents ($10,187.52) currently available in Account #2660-91000, Fire Department Personal Services, be re-appropriated to Account #2660-92000, Fire Department Personal Services, to finance one new Building Maintenance Craftsman position within the Fire Department for the remainder of the fiscal year. (Attachments) Order adopted on roll call 11-0

 

B.      Recommend that Two Million and Fifty Two Thousand Dollars ($2,052,000.00) be transferred from Account #91C790, School Construction, and appropriated to Account #28C717, Vocational School Construction, to provide funds for the purpose of payment of contractual and other obligations related to the construction for the Worcester Vocational School. (Attachments) Order adopted on roll call 11-0

 

C.      Recommend that Forty Thousand Dollars ($40,000.00) be transferred from Account #330-91000, Health Department Personal Services, and appropriated to Account #330-92000, Health Department Ordinary Maintenance, to fund the purchase of vaccines, laboratory supplies and cost associated with the Worcester Animal Rescue League. (Attachments) Order adopted on roll call 11-0

 

D.      Recommend that Forty Five Thousand For Hundred Ninety One Dollars and Twenty Five Cents ($45,491.25), be transferred when and as received from Account #91C780, Capital Equipment, and appropriated to Account #28C701, Code Enforcement Capital Equipment, to provide funds to purchase 25 Hand Held Computers including software and training for Code Enforcement, as approved in the Capital Improvement Program. (Attachments) Order adopted on roll call 11-0

 

E.      Recommend that Fifteen Thousand Five Hundred Five Dollars ($15,505.00) be transferred when and as received from Account #91C731, Water Capital Equipment, and appropriated to Account #45C703, Water Department Capital Equipment, for the purpose of purchasing a Hydraulic Pavement Breaker for the Water Department, as approved in the fiscal 2004 Capital Improvement Program. (Attachments) Order adopted on roll call 11-0

 

F.      Recommend that One Hundred Fifty Thousand Dollars ($150,000.00) be transferred from Account #91C741, Sidewalks, and appropriated to Account #41C797, Sidewalks, to provide funds for the purpose of payment for contractual obligations related to various sidewalk improvements projects, as approved in the Capital Improvement Program. (Attachments) Order adopted on roll call 11-0

 

G.      Recommend that Eighty Nine Thousand Seven Hundred Sixty Six Dollars ($89,766.00) be transferred when and as received from Account #91C734, Sewer Capital Equipment, and appropriated to Account #44C704, Sewer Department Capital Equipment, for the purpose of purchasing:

 

          (2) ½ Ton Pickup Trucks                   $35,551.00

          (1) ¾ Ton Pickup Truck                     $28,669.00

          (1) Portable Utility Pump                    $25,546.00

 

          for the Sewer Department, as approved in the fiscal 2005 Capital Improvement Program. (Attachments) Order adopted on roll call 11-0

 

H.      Recommend that One Hundred Seventy One Thousand Nine Hundred Thirty Dollars ($171,930.00) be transferred from the following accounts:

         

ACCOUNT

DESCRIPTION

AMOUNT

330-10

Sewer Construction Permits

$117,930.00

330-12

Construction Inspection Fees

    54,000.00

 

Total

$171,930.00

 

                   And appropriated to the following accounts:

                  

ACCOUNT

DESCRIPTION

AMOUNT

4102-91000

DPW Engineering Personal Ser.

$171,930.00

                  

This appropriation represents budgeted credits for the Department of Public Works, as approved in the fiscal 2005 operating budget. (Attachments) Order adopted on roll call 11-0

 

 

I.       Recommend that Twenty Seven Thousand Dollars, ($27,000.00) be transferred from Account #330-15, Reserve for Appropriation Conservation Fees, and appropriated to Account #04S406, Conservation Commission, for the purpose of funding typical operations, maintenance and salaries. (Attachments) Order adopted on roll call 11-0

29.  MISCELLANEOUS:

 

A.      Communication relative to the annual report of the Worcester Community Cable Access, Inc. (Attachments) Referred to Public Service & Transportation

 

14.             RECESS TO FINANCE AND ORDINANCE: No Items Pending

 

RESOLUTIONS

 

14a.   Congratulating U.S. Middleweight Boxing Champion Edwin Rodriguez and recognizes the magnitude of his accomplishments in representing Worcester in countries around the world. He is the first Massachusetts boxing champion since Marvelous Marvin Hagler. Rushton – Suspension of Rules – Adopted on roll call 11-0

 

14b.   Recognizing the efforts of Sandy Dunn, general manager of DCU center. Clancy – Suspension of Rules – Adopted on roll call 11-0

 

TABLED UNDER PRIVILEGE

 

15.     An Ordinance amending Chapter 11, Section 22( c ) of the Revised Ordinances of 1996 providing for issuance of 2 additional taxicab medallions for handicapped accessible cabs. (Attachments) Taken off Table and Ordained on roll call 11-0

 

TABLED ITEM

 

16.     Order – Request City Council to vote its opposition to any raises for City Council for the 2006 term.  (Lukes)  (Tabled January 18, 2005) (Attachments) No Action Taken

 

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

 

MARCH 22, 2005

      5:30 P.M.

 

PUBLIC WORKS

 

COUNCIL CHAMBER

 

MARCH 23, 2005

      6:00 P.M.

CANCELLED

 

PUBLIC SAFETY

 

COUNCIL CHAMBER

 

MARCH 29, 2005

      5:30 P.M.

 

TRAFFIC & PARKING

 

COUNCIL CHAMBER

 

MARCH 30, 2005

      6:00 P.M.

 

PUBLIC SERVICE &

TRANSPORTATION

 

COUNCIL CHAMBER

 

APRIL 5, 2005

      5:30 P.M.

 

PUBLIC WORKS

 

COUNCIL CHAMBER