CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – APRIL 5, 2005

7:00 P.M.

Convened:  7:05 P.M.

Recessed to go into Executive Session:  9:27 P.M.

Reconvened in open session to adjourn:  10:14 P.M.

 

 

1.       INVOCATION –  Rev. Monsignor Edmond T. Tinsley

St. John’s Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present except Councillor White who arrived at 7:10 P.M.

 

4.       ITEMS OF CITIZEN INTEREST

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

FIRST ITEM OF BUSINESS

 

          5 – Taken up with 8A of the City Manager’s Calendar

 

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, the Arts District and the Canal District project.

 

PETITIONS

 

          6 & 7 - REFERRED TO PLANNING BOARD

 

6.       Councillors Barbara Haller, Michael Perotto & Dennis Irish, Mayor Timothy Murray on behalf of Chandler St. Business Association request a Parking District Overlay Zone be installed along both sides of Chandler St. corridor between Main St. and Park Ave.

          (Attachments)

 

7.       Mark Lindstrom request to rezone land at 7 Riley St. from RG-5 back to MG-2.0 so owner of said lot can erect a commercial metal building for storage use.  (Attachments)

 

          8 – REFERRED TO PUBLIC WORKS COMMITTEE

 

8.       Mark O’Connor request to extend sewer line approximately 73’ from 11 Carleton St. to lot at 15 Carleton St.  To be done at Petitioner’s expense. (Attachments)

 

          9 & 9a REFERRED TO TRAFFIC & PARKING COMMITTEE

 

9.       Megan Leazes request handicap parking in front of 67 Stanton St. (Attachments)

 

9a.     John Driscoll et al request both sides of Sagamore Rd. extending easterly from Whitman Rd. to Park Ave. be marked “No Parking Anytime”.   Suspension of Rules   (Attachments)

 

          10 – HEARING SET FOR APRIL 12, 2005 – 7:00 P.M.

 

10.     MASSACHUSETTS ELECTRIC CO. & VERIZON NEW ENGLAND, INC. for a joint pole location on:  ORRISON ST. (Attachments)

 

          11 – REFERRED TO CITY MANAGER

 

11.     Rose & Steve Morrow et al request to stop any and all blasting in Malvern Rd. neighborhood.   (Attachments)

 

ORDERS

 

11a.   Request City Manager to investigate blasting in the Malvern Rd. neighborhood and report back to the City Council in two weeks.  Report to include permitting process, issues raised by the neighborhood regarding the company performing the blasting and damage done to neighborhood homes.  Motion-Murray @ #11CC

Councillor Haller moved to amend to add:  and the time schedule for the latest development and permits that have already been granted.  Adopted, as amended  (Attachments)

 

11b.   Request City Manager report as to remaining funds in the Union Station operating account.  Motion-Perotto @ #8D CM – Adopted

(Attachments)

 

11c.   Request City Manager to do whatever is necessary to get funds in order to begin repairs to the façade of Union Station in the very near future.   Motion-Perotto @ #8D CM – Adopted (Attachments)

 

11d.   Request City Solicitor to provide a legal opinion on the façade failure at Union Station as to whether there might be any manufacturer or contractor liability.  Motion-Irish @ #8D CM – Adopted

(Attachments)

 

11e.   Request City Manager report as to what efforts to date have taken place relative to plans for scheduling events on the renovated Common.   Motion-Murray @ #8A CM – Adopted (Attachments)

 

11f.    Request City Manager to report regarding the parcels of land involved in the South Worcester Industrial Park as to present ownerships and the anticipated transfer of those properties into the City’s domain.  Report to also include any businesses operating within those parcels and plans for relocation or inclusion in the industrial park.  Motion-Haller @ #8ACM – Adopted  (Attachments)

 

11g.   Request City Manager to provide an update, to include a timeline, relative to cleaning up contamination at the City Hospital site.  Motion-Haller @ #8A CM – Adopted  (Attachments)

 

11h.   Request City Manager to consider holding a neighborhood meeting with the developer of the Wyman Gordon property within the very near future to provide an update as far as where this project is going and what things are being considered.  Motion-Haller @ #8A CM – Adopted  (Attachments)

 

11i.    Request City Manager to provide a more detailed report on the Quinsigamond Ave. Gateway One project in terms of what the re-activation means and what we might look for in the near future in terms of getting those new plans and taking action to make the new roadway happen.  Motion-Haller @ #8A CM – Adopted (Attachments)

 

11j.    Request City Manager to report on the affect of baseball coming to Worcester at Fitton Field as it relates to the four corners to see if additional design considerations and scheduling should be done. Motion-Haller @ #8A CM – Adopted  (Attachments)

 

11k.   Request Administration to consider not having the Union Station garage higher than the level of Union Station.  Motion-Palmieri @ #8A CM – Adopted  (Attachments)

 

11L.   Request City Manager to report on the consequences of lowering the Union Station garage one floor; does that mean the number of parking spaces would be reduced, retail is eliminated, the garage is built down another level and does the cost increase.  Motion-Lukes @ #8A CM – Adopted  (Attachments)

 

11m.  Request City Manager to provide a  report relative to replacement of the electrical design in the front of Union Station and would the cost of replacing it with standard lights improve the appearance of the building and ultimately reduce the cost.  Motion-Lukes @ #8A CM – Adopted   (Attachments)

 

11n.   Request City Manager to present two designs for the Union Station garage; one above the roof of Union Station and one level with the roof and the cost of each.   Motion-Perotto @ #8A CM – Adopted (Attachments)

 

11o.   Request City Manager to provide a follow-up report  as relates to arson fires in the City and arrests made.  Motion-White @ #13A CM – Adopted   (Attachments)

 

11p.   Request City Manager to provide City Council with a spreadsheet for the current fiscal year of grants awarded to the Police Department.  Motion-Petty @ #19B CM – Adopted  (Attachments)

 

11q.   Request City Manager report as to how the City can accelerate the conversion of private streets to public and how much money is needed to do all current streets within the next few years.  Motion-Clancy @ #23E CM – Adopted   (Attachments)

 

11r.    Request City Manager report as to how the City might step up information and education of  property owners on private streets as to their options and to encourage them to file petitions to convert their streets to public.  Motion-Murray @ #23E CM – Adopted (Attachments)

 

11s.   Request City Manager to report on the possibility of developing a schedule for days of operations for the City’s residential yard waste drop-off sites that is more flexible.   Motion-Clancy @ #23F CM – Adopted   (Attachments)

 

11t.    Request City Manager to consider offering same day bulk drop-off.  Motion-Haller @ #23F CM – Adopted   (Attachments)

 

11u.   Request City Manager to request a report from consultants verifying the statement made in Item 23L of  the City Manager’s Calendar of April 5, 2005 – Communities have always used their closed landfill sites for continuing solid waste operations such as a transfer station to serve the needs of the residents as well as commercial ventures – as to what communities have done this, how long ago and what the results were.  Further,  request City Council be provided with the Norton Company transfer station site proposal of 1985.  Motion-Lukes @ #23L CM – Adopted   (Attachments)

 

11v.   Request City Clerk to notify all neighbors in the area of the Franklin St. collapse that the Administration is looking at ways to resolve this problem.  Palmieri – Suspension of Rules – Adopted (Attachments)

 

11w.  Request City Manager to perform emergency manhole repair on Paris Ave.   Murray – Suspension of Rules – Adopted  (Attachments)

         

12.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR APRIL 5, 2005

 

APPOINTMENTS

 

1.  NON-CITY COUNCIL CONFIRMATION:

 

2.  CITY COUNCIL CONFIRMATION:

 

TRANSMITTAL

 

3.  AIRPORT:

 

4.  ASSESSORS:

 

A.      Communication relative to commercial property sales in the City of Worcester. (Attachments)  Referred to Municipal Operations Committee

 

B.      Communication relative to the fair market appraisal of the Worcester Police Department Headquarters and the Worcester Police Department rifle range located in the town of Shrewsbury. (Attachments)  Referred to Public Safety Committee

 

5.  BUDGET OFFICE:

 

6.  CODE ENFORCEMENT:

 

A.      Communication relative to a new brochure for the Human Rights Commission. (Attachments)  Placed on file

 

7.  COMMUNICATIONS:

 

8.  ECONOMIC DEVELOPMENT:

 

A.      Communication relative to Monthly Economic Development Initiatives Report. (Attachments)  Referred to Commerce & Development Committee, Housing and Neighborhood Revitalization Committee, Public Service and Transportation Committee and Public Works Committee.  Citywide Master Plan portion referred to Land Use Committee and Strategic Planning Committee

 

B.      Request adoption of a resolution authorizing the City Manager to accept a $2,500,000.00 grant from the U.S. Department of Commerce’s Economic Development Administration Public Work Program. (Attachments)  Resolution adopted.  Also referred to Commerce & Development Committee for informational purposes

 

C.      Request City Council approval of a resolution authorizing the filing of an application and acceptance of funds from the Urban River Vision Implementation Grant. (Attachments)  Resolution adopted

 

D.      Communication relative to the repairs needed to the Edison Covering on terra cotta at Union Station. (Attachments)  Placed on file

 

9.  ELDER AFFAIRS:

 

10.  ELECTION COMMISSION:

 

11.  EMERGENCY MANAGEMENT:

 

12.  EMPLOYMENT & TRAINING:

 

13.  FIRE:

 

A.      Communication relative to arson statistics for the past five (5) calendar years in the City of Worcester. (Attachments)  Referred to Public Safety Committee

 

B.      Communication relative to the severity of fires in the City of Worcester in 2004. (Attachments)  Referred to Public Safety Committee.  Also referred to Health Committee for informational purposes for April 13, 2005 meeting

 

C.      Request City Council approval of a resolution to file and accept a FY’05 Department of Homeland Security (DHS) Office for Domestic Preparedness Assistance to Firefighters Grant (AFG) in the amount of Five Hundred Thirty Two Thousand Two Hundred Sixty Three Dollars ($532,263.00). (Attachments)  Resolution adopted.  Also referred to Public Safety Committee for informational purposes

 

D.      Request that City Council accept with gratitude a conditional gift of a field communications unit from the Massachusetts Fire Chiefs Association. (Attachments)  Order adopted with gratitude.  Also referred to Public Safety Committee for informational purposes

 

14.  HUMAN RESOURCES:

 

15.  LAW:

 

A.      Communication relative to The City of Worcester Telecommunications Analysis. (Attachments)  Referred to Public Service & Transportation Committee

 

16.  LICENSE COMMISSION:

 

17.  NEIGHBORHOOD SERVICES:

 

A.      Communication relative to copies of applications received for designation of Neighborhood Revitalization Strategy Areas under the Year 31 Community Development Block Grant program. (Attachments)   Referred to Joint Commerce & Development and Community Development Committee meeting on April 26, 2005

 

18.  PARKS, RECREATION & CEMETERY:

 

19.  POLICE:

 

A.      Communication relative to how the Worcester Police Department tracks injured prisoner reports. (Attachments)  Referred to Public Safety Committee

 

B.      Communication relative to an FY05 Justice Assistance Grant (JAG) resolution and summary that was forwarded to City Council for review on March 29, 2005. (Attachments)  Referred to Public Safety Committee

 

20.  PUBLIC HEALTH:

 

A.      Communication relative to a new environmental and public health project designed to protect and preserve the city’s recreational resources and provide a safe environment for citizens. (Attachments)   Referred to Health Committee

 

21.  PUBLIC LIBRARY:

 

22.  PUBLIC SCHOOLS:

 

23.  PUBLIC WORKS:

 

A.      Request review and adoption of an Order authorizing the City Manager to accept a street and drainage easement for the extension of public surface sewers through the approved subdivision, Wildwood Circle. (Attachments)  Order adopted

 

B.      Communication relative to Snow Removal Expenses incurred during the January 22-23, 2005 snowstorm. (Attachments)  Referred to Public Works Committee

 

C.      Communication relative to water pressure concerns with the hydrants on Cheever Street. (Attachments)  Referred to Public Works Committee

 

D.      Communication relative to Worcester’s Open Space and Recreation Plan. (Attachments)  Referred to Youth, Parks & Recreation Committee

 

E.      Communication relative to refiling special legislation to allow a balloon payment option for private to public street conversion. (Attachments)  Referred to Public Works Committee

 

F.      Communication relative to the scheduled hours of operation for the city’s residential yard waste drop-off sites and the residential bulk waste drop-off site. (Attachments)  Referred to Public Works Committee

 

G.      Communication relative to the I-290 Viaduct Bridge Rehabilitation Project – Phase II. (Attachments)  Referred to Public Works Committee

 

H.      Communication relative to FY’06 Water and Sewer Rates Recommendation. (Attachments)  Referred to Public Works Committee

 

I.       Communication relative to the Upper Blackstone Water Pollution Abatement District Upgrade Project. (Attachments)  Referred to Public Works Committee

 

J.       Communication relative to the Spring Street Sweeping Program. (Attachments)  Referred to Public Works Committee

 

K.      Communication relative to the Abandoned Vehicle Status Report. (Attachments)  Referred to Public Works Committee

 

L.      Communication relative to the long term uses of Greenwood Street Landfill site. (Attachments)  Referred to Public Works Committee

         

24.  PURCHASING:

 

A.      Communication relative to city contract assignments. (Attachments)  Placed on file

 

25.  TECHNICAL SERVICES:

 

26.  TREASURY:

 

A.      Communication relative to a schedule for departmental receipting (central cash) implementation. (Attachments)  Referred to Municipal Operations Committee

 

27.  VETERANS SERVICES:

 

28.  FINANCE:

 

A.      Recommend that One Hundred Twenty Five Thousand Dollars ($125,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation and appropriated to Account #11C702, City Messenger Building Rehabilitation, to provide funds for the payment of contractual obligations related to improvements and rehabilitation of the City Hall Toilet Rooms, as approved in the Capital Improvement Program. (Attachments)   Order adopted on a roll call 11-0

 

B.      Recommend that Two Hundred Fifty Thousand Dollars ($250,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation and appropriated to Account #11C702, City Messenger Building Rehabilitation, to provide funds for the payment of contractual obligations related to the rehabilitation of the City Hall windows, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 11-0

 

 

C.      Recommend that Four Hundred Forty Thousand Two Hundred One Dollars and Sixty Five Cents ($440,201.65) be transferred from Account #91C702, Land Acquisition, and appropriated to Account #45C786, Water Land Acquisition, for the purpose of funding the acquisition of 75 acres of watershed preservation land at Holden #1, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 11-0

 

D.      Recommend that Three Thousand Four Hundred Twenty One Dollars and Forty Four Cents ($3,421.44) be transferred when and as received, from Account #91C780, City Capital Equipment, and appropriated to Account #41C703, DPW Capital Equipment, for the purchase of street signs, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 11-0

 

E.      Recommend that Forty Two Thousand Nine Hundred Forty Four Dollars ($42,944.00) be transferred when and as received, from Account #91C780, Citywide Capital Equipment, and appropriated to Account #72C701, Parks Department Capital Equipment, to provide funds to purchase the following pieces of capital equipment: 

 

                   Sweeper                                   $28,000.00

                             Permit Tracking System            $  5,870.00

                             Computer Systems Upgrade      $  6,579.00

                             Cemetery Tamper                     $  2,495.00

 

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

 

F.      Request City Council accept the award of Forty Two Thousand Nine Hundred Fifty Nine Dollars ($42,959.00) from the Commonwealth Sewer Rate Relief Fund.

 

Further recommend that this award be applied to the fiscal 2006 billing cycle since the majority of sewer bills for fiscal 2005 have been issued.  This award will be applied to the fiscal 2006 sewer rate effectively reducing the amount billed per CCF by $0.006. (Attachments)  Order adopted on a roll call 11-0

 

G.      Recommend that Five Hundred Forty Two Thousand Seven Hundred Sixty Six Dollars ($542,766.00) be transferred from the following accounts:

         

ACCOUNT

DESCRIPTION

 AMOUNT

330-01

Pearl Elm Reserves

$228,062.69

330-01

Pearl Elm Reserves

$  77,811.31

330-02

Federal Plaza Reserves

$100,000.00

330-03

Off Street Reserves

$106,194.50

330-04

Parking Meter Reserves

$  30,697.50

 

Total

$542,766.00

 

          and appropriated to the following accounts:

 

ACCOUNT

DESCRIPTION

AMOUNT

46S501

Pearl Elm Ord. Maintenance

$228,062.69

46S502

Federal Plaza Ord. Maintenance

$  77,811.31

46S502

Federal Plaza Ord. Maintenance

$100,000.00

46S503

Off Street Ord. Maintenance

$106,194.50

46S504

Parking Meter Ord. Maintenance

$  30,697.50

 

Total

$542,766.00

 

          This appropriation provides sufficient operating funds for the Off Street Parking Program for the Fourth Quarter of Fiscal 2005.  This request includes additional funding for Federal Plaza Garage, which is not generating sufficient funds due to the Phase II renovation project. (Attachments)  Order adopted on a roll call 11-0

 

H.      Recommend the current apportionment from the Commonwealth of Massachusetts in the amount of Two Million Four Hundred Seventy Thousand Four Hundred Thirty Eight Dollars ($2,470,438.00) be appropriated to Account #41C440, DPW Street Resurfacing, to provide funding for current and future street resurfacing obligations. (Attachments)  Order adopted on a roll call 11-0

 

I.       Recommend that One Thousand Eight Dollars ($1,008.00) be transferred when and as received from Account #91C780, Capital Equipment, and appropriated to Account #28C701, Code Enforcement Capital Equipment, to provide funding towards the purchase of 25 Hand Held Computers including software and training for Code Enforcement. (Attachments)  Order adopted on a roll call 11-0

 

J.       Recommend that Fifty Thousand Five Hundred Dollars ($50,500.00) be transferred from Account #330-40, Reserve for Appropriation, 1% Federal Reimbursement and appropriated to the following accounts:

         

ACCOUNT

DESCRIPTION

AMOUNT

680-91099

Technical Services

$38,473.50

680-92099

Technical Services

$12,026.50

 

Total

$50,500.00

 

to provide funds for the purpose of providing indirect services related to certain Federal and State Grants. (Attachments)  Order adopted on a roll call 11-0

 

K.      Recommend that Seven Thousand Five Hundred Twenty Three Dollars and Twenty-Six Cents ($7,523.26) be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #11C702, City Messenger Building Rehabilitation, to fund the replacement and installation of new carpeting in the Mayor’s Office.  (Attachments)  Order adopted on a roll call 11-0

 

L.      Request City Council authorization to file and accept an amendment regarding lighted wind cones to an FAA and MAC grant for the Install Runway 11-29 High Intensity Runway Lighting System (HIRLS) and Airport Rotating Beacon project.

 

          Furthermore, recommend that Nineteen Thousand Four Hundred Twenty Dollars Twenty Cents ($19,420.20) be transferred from Account #91C797, Airport Improvements and appropriated to Account #47C432, High Intensity Runway Lighting System (HIRLS). (Attachments)  Two Resolutions and one Order adopted on a roll call 11-0

 

29.  MISCELLANEOUS:

 

A.      Request that the City Council schedule an executive session for Tuesday, April 5, 2005 for the purpose of collective bargaining. (Attachments)  Council voted on a roll call vote of 11 Yeas and 0 Nays to go into Executive Session at the conclusion of the regular meeting

 

B.      Communication regarding the feasibility and cost to provide closed captioning of the Government Channel 12. (Attachments)  Referred to Public Service & Transportation Committee

 

C.      Communication regarding the use of assisted listening devices for public agency meetings broadcast on cable television. (Attachments)   Referred to Public Service & Transportation Committee

 

13.     RECESS TO FINANCE AND ORDINANCE:  No Items Pending

 

TABLED UNDER PRIVILEGE

 

14.     Chairman’s Order from Public Works Committee - Request City Manager to recommend that the placement of the Cristoforo Colombo statue be at the front of Union Station and  placement of the benches at the corner of Shrewsbury St. and Mulberry St.  (Lukes) (Attachments)  Tabled on a roll call 11-0

 

TABLED ITEM

 

15.     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

 

 

APRIL 5, 2005

      5:30 P.M.

 

PUBLIC WORKS

 

COUNCIL CHAMBER

 

APRIL 12, 2005

      5:30 P.M.

 

MUNICIPAL OPERATIONS

 

COUNCIL CHAMBER

 

APRIL 13, 2005

      5:00 P.M.

 

HEALTH

 

COUNCIL CHAMBER