CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – JANUARY 29, 2002

7:00 P.M.

Convened: 7:05 P.M.

Adjourned: 9:22 P.M.

1. INVOCATION - Rev. David Crabtree

First Assembly of God

2. PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

3. ROLL CALL - All present except Councillor Palmieri

Mayor Murray read Proclamation designating February Boards and Commissions month in the City of Worcester.

4. ITEMS OF CITIZEN INTEREST

4a. ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

PETITIONS

5 REFERRED TO PLANNING BOARD

5. Councillor Paul P. Clancy Jr. on behalf of John Frohock request private street conversion on Pineland Ave. (Attachments)

6 REFERRED TO PUBLIC SAFETY COMMITTEE

6. Kevin Ksen et al request City Council Public Safety Committee adopt written guidelines governing Police Department surveillance of labor unions, community groups, students and others involved in free speech activities. (Attachments )

7 REFERRED TO PUBLIC WORKS COMMITTEE

7. Fred & Susan Ewans request abatement of Private Street Betterment Assessment #50050 in the amount of $3,376.60 on Kirkland St. (Attachments)

8 REFERRED TO TRAFFIC & PARKING COMMITTEE

8. Albert Belmonte request No Parking from handicap space at 264 Shrewsbury St. to Driveway at 262 Shrewsbury St. (Boulevard Garage). (Attachments)

9 - 11 TABLED (Palmieri)

9. Councillor Philip P. Palmieri on behalf of Carl Swirsky of Sylvia's Dress Shop request the installation of parking meters in Main St. from 507 to 545, from 553 to 563 and in front of the Denholm Building and also in Southbridge St. from 30 to 36 so that merchants can realize better turnover of the small number of on-street parking spaces. (Attachments)

10. Councillor Philip P. Palmieri on behalf of Belmont Community School Parent's Group request the installation of a blinking yellow pedestrian light in front of the Belmont Community School. (Attachments )

11. Councillor Philip P. Palmieri request installation of an over-sized sign directing motorists onto Shrewsbury St. to be added to the existing Downtown directional sign located at the intersection of Belmont, Shrewsbury and Aitchison Sts. (Attachments)

11a. Councillor Juan A. Gomez on behalf of Jerry Cordova request Director of Traffic Engineering to install a sign near the corner of Derby St. and Houghton St. Referred to Traffic & Parking Committee - Suspension of Rules (Attachments)

11b. Councillor Juan A. Gomez on behalf of Mr. & Mrs. Juan Lopez request William St. be converted to resident parking. Referred to Traffic & Parking Committee - Suspension of Rules (Attachments)

12 & 13 HEARINGS SET FOR FEBRUARY 5, 2002 - 7:00 P.M.

12. CHARTER COMMUNICATIONS for a conduit location on: SHREWSBURY STREET. (Attachments)

13. CHARTER COMMUNICATIONS for a conduit location on: VERNON STREET. (Attachments )

CHAIRMAN'S ORDERS

13a FROM COMMERCE & DEVELOPMENT - Suspension of Rules - Adopted

13a. Request Administration report to the City Council a cost figure for Union Station spaces 1D and 1E for retail/restaurant occupancy as well as commercial/office space build-out. (Attachments)

ORDERS

13b. Request City Manager to contact the State Legislative Delegation to obtain an estimate as to the thinking on Beacon Hill as to what the City might expect in the next fiscal budget for local aid and for school funding Motion -Clancy @ #3A CM - Adopted (Attachments)

13c. Request Administration notify any families involved with the Washington Square monuments of any changes. Motion - Patton @ #7C CM - Adopted (Attachments)

13d. Request the City Clerk research the records for a vote of the City Council to name the area in front of Union Station Cristoforo Colombo Plaza. Motion - Clancy @ #7C CM - Adopted (Attachments)

13e. Request City Manager to submit a written report from the Blackstone Valley Heritage Corridor Commission regarding thoughts and recommendations regarding Union Station Plans. Motion - Lukes @ #7D CM - Adopted (Attachments)

13f. Request City Manager contact Preservation Worcester for their comments and recommendations regarding Union Station Plans. Motion - Clancy @ #7D CM - Adopted (Attachments)

13g. Request City Manager to provide an engineer certification stamp on any future cost estimates regarding Union Station/Washington Square ProjectMotion Patton @ #7E CM - Adopted (Attachments)

13h. Request City Auditor to review and comment on the New Worcester Associates LLC agreement and any tax consequences. Motion Irish - @ #7E CM - Adopted (Attachments )

13i. Request Administration to report if money to be expended for the re-configuration of Washington Square will come from the City's TIP list from the Mass. Highway Department or will the State make this a separate highway funding program not impacting other projects in Worcester. Further, if it does come from the TIP list what streets in the City will have to wait to be done. Motion - Clancy @ #7E CM - Adopted (Attachments)

13j. Request City Manager to provide the City Council with a report for the next City Manager's Calendar regarding previously requested information regarding tenants of Union Station. Motion - Lukes @ #7E CM - Adopted (Attachments)

13k. Request City Manager consider allocating approximately $250,000.00 in hotel/motel tax monies into marketing efforts. Motion - Perotto @ #7F CM - Adopted (Attachments)

13l. Request Administration conduct a marketing campaign notifying the public of the WRTA bus service changes and dates of changes. Motion - Petty @ #7G CM - Adopted (Attachments)

13m. Request Administration update the City Council on the reporting of RTA FY01 funding. Motion - Petty @ #7G CM - Adopted (Attachments)

13n. Request Administration report on the status of the funding for the new Firefighter Training Facility. Motion - Perotto @ #12B CM - Adopted (Attachments)

13o. Request City Manager report to the City Council what competitors' rates and services are in other cities and towns in Massachusetts for cable service. Motion - Petty @ #16A CM - Adopted (Attachments)

13p. Request Administration provide a report on the term "technologically obsolete" as it appears in the cable television contract with Charter Communications. Motion - Clancy @ #16A CM - Adopted (Attachments)

13q. Request City Council hold Executive Session concerning cable television contract and whether Charter Communications is in breach of terms of contract. Motion Abraham @ #16A CM - Adopted (Attachments)

13r. Request City Manager provide a more detailed report on where the dollars are going in the Department of Housing and Community Development's award and a definition of whether monies are for renter or home buyers. Motion - Perotto @ #18A CM - Adopted (Attachments)

13s. Request Administration provide a report on the unexpended balances in the salary accounts of the Office of Neighborhood Services and Economic Development. Motion - Perotto @ #18C CM - Adopted (Attachments)

13t. Request Administration provide a report on enforcement of the Ordinance on No Smoking in Public Buildings, particularly restaurants, what the fine is and what is the enforcement procedure. Motion - Patton @ #21A CM - Adopted (Attachments)

13u. Request the Deputy Commissioner of Health & Code advise the Mass. Healthy Schools Network and Toxics Action Center that Worcester is a city not a town. Motion - Patton @ #21B CM - Adopted (Attachments)

13v. Request City Manager provide an update of negotiations with the Town of Holden as it applies to water, sewer and electricity and as a topic for future Executive Session. Motion - Murray @ #24B CM - Adopted (Attachments)

13w. Request Administration provide recommendations to improve the Department of Public Works communications system so problems in plowing operations are improved. Motion - Murray @ #24D CM - Adopted (Attachments)

13x. Request Administration report what the costs would be to improve the Department of Public Works Communications System with regard to improving snowplow operations and the costs to operate a predominately public snowplowing operation in order to realize improved results. Motion - Clancy @ #24D CM - Adopted (Attachments)

13y. Request Commissioner of Public Works report if any other communities require that as a condition or option of their snow plowing employment they attend training courses. Motion - Lukes @ #24D CM - Adopted (Attachments)

13z. Request Administration to immediately remove any cars that are parked on the Veterans' Monument on Ararat St. Triangle and install emergency signage to make sure problem is eliminated. Patton - Suspension of Rules - Adopted (Attachments)

13aa. Request Administration provide the City Council with parking policy for the City Hall Garage. Haller - Suspension of Rules - Adopted (Attachments)

13bb. Request City Manager report on the corner of Malvern Road and Coonan Road whether the road is wide enough for two sided parking and if not to recommend that it be restricted to one sided parking; if the area should be made a tow zone for winter parking and the compliance with resident parking. Further what the designation is for Malvern Road for sanding and plowing priorities. Haller - Suspension of Rules - Adopted (Attachments)

13cc. Request Director of Traffic Engineering to modify signage at 30 Harvard St. to indicate passenger zone for handicap and disabled individuals. Murray - Suspension of Rules - Adopted (Attachments)

13dd. Request Director of Traffic Engineering report on the loss of handicapped parking spaces on May St. near Temple Emmanuel. Murray - Suspension of Rules - Adopted (Attachments)

13ee. Request City Manager report on feasibility of initiating a home rule petition regarding the disability pension as it applies to Albert Toney and report on whether his health benefits have been terminated. Murray - Suspension of Rules - Adopted (Attachments)

13ff. Request City Manager request Congressman McGovern to include the deregulation of cable services as a priority in this year's Federal Legislative Agenda. Lukes - Suspension of Rules - Adopted (Attachments)

CHAIRMAN'S RESOLUTION

13gg FROM COMMERCE & DEVELOPMENT - Suspension of Rules - Resolution Adopted

13gg. That the City Council Standing Committee on Commerce and Development hereby endorses that the sum of $2,850,000.00 be appropriated to Account #91C716, Union Station, for the purpose of defraying costs in the remodeling/rehabilitation of Union Station, and other costs incidental and related thereto within the East Central Urban Renewal Project. (Attachments)

14. COMMUNICATIONS OF THE CITY MANAGER

THOMAS R. HOOVER

CITY MANAGER

CITY COUNCIL CALENDAR FOR JANUARY 29, 2002

APPOINTMENTS

1. NON-CITY COUNCIL CONFIRMATION:

A. Notification of appointment of David A. Rawson as a full member to the Historical Commission.

Placed on file

B. Notification of Constable Apppointments.

Placed on file

2. CITY COUNCIL CONFIRMATION:

TRANSMITTAL

3. AIRPORT:

4. ASSESSORS:

5. BUDGET OFFICE:

A. Communication relative to the local aid figures included in the Governor’s Budget for the City of Worcester for Fiscal 2003.

Referred to Finance

6. COMMUNICATIONS:

7. ECONOMIC DEVELOPMENT:

A. Request adoption of a City Council Order relative to an Acceptance of Easement for Street Purposes.

Order adopted

B. Communication relative to List of the Board of Directors for the Marketing Corporation.

Referred to Commerce & Development Committee

C. Communication relative to the Washington Square Monument.

Placed on file

D. Communication relative to Including the Blackstone Heritage Corridor Committee in Deliberations regarding Union Station Master Plan.

Placed on file

E. Communication relative to Issues Dealing with Union Station/Washington Square.

Referred to Commerce & Development Committee

F. Communication relative to Hotel/Motel Tax.

Placed on file

G. Communication relative to recently asked City Council questions regarding WRTA.

Referred to Public Service & Transportation Committee

8. ELDER AFFAIRS:

A. Request adoption of a resolution to file and accept a grant from the Greater Worcester Community Foundation.

Resolution adopted

9. ELECTION COMMISSION:

A. Communication relative to Public Reaction regarding the New Bilingual Ballot.

Placed on file

10. EMERGENCY MANAGEMENT SERVICES:

11. EMPLOYMENT & TRAINING:

12. FIRE:

A. Request that City Council accept with gratitude a donation of $750.00 from Titan Roofing, to be used toward the purchase of firefighting equipment.

Order adopted with gratitude

B. Request that City Council accept with gratitude a donation of three hundred yards of loam, from the Worcester Fire Department Credit Union, to be used for the beautification of the grounds around the new state of the art Training Facility on property located at 141 Grove Street.

Order adopted with gratitude

C. Communication relative to 2002 Assistance to Firefighters Program.

Referred to Public Safety Committee

D. Communication relative to Establishment of a regional firefighter training in Worcester.

Referred to Public Safety Committee

13. HUMAN RESOURCES:

A. Communication relative to Negotiations on health insurance coverage for municipal employees and retirees.

Referred to Municipal Operation Committee

14. HUMAN RIGHTS:

15. INFORMATION SERVICES:

16. LAW:

A. Report addressing a number of cable-related issues in response to the Council’s inquiries.

Referred to Public Service & Transportation Committee for January 31, 2002 meeting

17. LICENSE COMMISSION:

18. NEIGHBORHOOD SERVICES:

A. Communication relative to the Department of Housing and Community Development’s (DHCD) award of $720,000.00 in matching funds to the City’s commitment of HOME funds for rehabilitation and sale of 24 units of housing to first-time, low-to-moderate income homebuyers and renters in the next eight to twelve months.

Referred to Housing & Neighborhood Revitalization Committee

B. Executive Summary and Resolution relative to the U.S. Department of Justice Office of Justice Programs Through the Violence Against Women Office Grant to Encourage Arrest Policies and Enforcement of Protection Orders Program.

Resolution adopted on roll call 10 - 0 (Palmieri absent)

C. Communication relative to a Citywide Housing Market Study.

Referred to Housing & Neighborhood Revitalization Committee for January 30, 2002 meeting

19. PARKS, RECREATION & CEMETERY:

20. POLICE:

21. PUBLIC HEALTH & CODE ENFORCEMENT:

A. Communication relative to Enforcement at Reducing the Incidence of the Sale of Tobacco to Minors in the City.

Referred to Health Committee

B. Report in response to the Media Advisory recently released by Parents and Statewide Advocates relative to Massachusetts Schools.

Referred to Education Committee

22. PUBLIC LIBRARY:

23. PUBLIC SCHOOLS:

24. PUBLIC WORKS:

A. Communication relative to Construction Work in Wildwood Avenue/Teddy Road Area.

Placed on File

B. Communication relative to Town of Holden Sewage Tie-in.

Referred to Public Works Committee

C. Communication relative to Handicap Parking Signs/Webster Square Plaza.

Referred to Traffic & Parking Committee

D. Communication relative to Supervision of Plowing Contractors.

Referred to Public Works Committee

25. PURCHASING:

26. TREASURY:

A. Request adoption of an order relative to the transfer of jurisdiction of land. 584 Cambridge St., 29 Winfield St., 32 Merrick St., 149 Belmont St., 8 West St., 1 Hollis St.

Order adopted

27. VETERAN’S SERVICES:

28. FINANCE:

A. Recommend that Three Hundred Ten Thousand Dollars ($310,000.00) be transferred from Account #91C780, Capital Equipment, and appropriated to Account #27C701, Communications Department Capital Equipment, to provide funds for the purpose of accomplishing the Microwave Replacement Project.

Further recommend that Sixty Four Thousand Five Hundred Eighty Nine Dollars ($64,589.00) be transferred from Account #270-92000, Communications Department Ordinary Maintenance, and appropriated to Account #27C701, Communications Department Capital Equipment, to provide funds for the purpose of accomplishing the Microwave Replacement Project.

Order adopted 10 -0 (Palmieri absent) Also Public Safety Committee for Informational Purposes

B. Recommend that One Hundred Eighty Five Thousand Five Hundred Thirty Five Dollars ($185,535.00) be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #44C705, Sewer Department Capital Outlay, to provide funds for the purpose of payment for contractual obligations associated with various rehabilitation projects of the Sewer Department building, as approved in the Capital Improvement Program.