CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – MAY 6, 2003

7:00 P.M.

Convened:  7:10 P.M.

Adjourned:  8:17 P.M.

 

 

1.       INVOCATION – Rev. Tomasz Borkowsk

                                      St. Stephen’s Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present except Councillor Perotto who arrived at 8:10 P.M.

 

Mayor Murray read a Proclamation proclaiming May 10, 2003 as Letter Carriers Food Drive Day in the City of Worcester

 

HEARINGS AND ORDERS – 7:00 P.M.

 

          4 – Hearing held

 

4.       VERIZON NEW ENGLAND, INC. for conduit location on:  ENVELOPE TERRACE.  (Attachments)

 

          5 –     Councillor Haller recused on a roll call 9-0 (Perotto absent)

Councillor Lukes recused on a roll call 8-0 (Perotto absent)

Tabled under privilege (Petty)

 

5.       MASSACHUSETTS ELECTRIC CO.  for cable and conduit system on:  MILLBURY ST.  (Attachments)

 

          6 –     Councillor Haller recused on a roll call 9-0 (Perotto absent)

Hearing held

 

6.       MASSACHUSETTS ELECTRIC CO. for cable and conduit system on:  HUMBOLDT AVE.  (Attachments)

 

          4a –   Order adopted

 

4a.     Granting permission to VERIZON NEW ENGLAND, INC. for conduit location on:  ENVELOPE TERRACE.

 

          5a –   Councillor Haller recused on a roll call 9-0 (Perotto absent)

Councillor Lukes recused on a roll call 8-0 (Perotto absent)

Tabled under privilege (Petty)

 

5a.     Granting permission to MASSACHUSETTS ELECTRIC CO. for cable and conduit system on:  MILLBURY ST.

 

          6a –   Councillor Haller recused on a roll call 9-0 (Perotto absent)

Order adopted

 

6a.     Granting permission to MASSACHUSETTS ELCTRIC CO. for cable and conduit location on:  HUMBOLDT AVE.

 

7.       ITEMS OF CITIZEN INTEREST

 

7a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          8 & 9 REFERRED TO PUBLIC WORKS COMMITTEE

 

8.       John Bisceglia request Wabash Ave. be resurfaced between Holcombe St. and Koping St.  (Attachments)

 

9.       Phat Ngo request to install water and sewer mains in Andrews Ave. from Lincoln St. for a distance of approximately 500’ to service home to be built on Andrews Ave.  Work to be done at Petitioner’s expense. (Attachments)

 

9a.     Councillor Paul P. Clancy, Jr. request resurfacing of intersection of Tacoma St., Pasadena Parkway and Great Brook Valley Ave.  Referred to Public Works Committee – Suspension of Rules

          (Attachments)

 

9b.     Councillor Paul P. Clancy, Jr. request resurfacing of the intersection of Brookview Dr. and Great Brook Valley Ave.  Referred to Public Works Committee – Suspension of Rules  (Attachments)

 

          10 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

10.     Councillor Paul P. Clancy, Jr. request Caution Children signs on Standish St. between Grafton St. and Massasoit Rd. (Attachments)

 

          11 – Councillor Haller recused on a roll call 9-0 (Perotto absent) HEARING SET FOR MAY 13, 2003 – 7:00 P.M.

 

11.     MASSACHUSETTS ELECTRIC CO. and VERIZON NEW ENGLAND, INC. for joint pole relocation on:  SOUTHWEST CUTOFF. (Attachments)

 

CHAIRMAN’S ORDERS

 

          11a-c FROM MUNICIPAL OPERATIONS – Adopted Suspension of Rules

 

11a.   Request Administration to provide City Council with the projected short-term and long-term use of the Worcester Memorial Auditorium and G.A.R. Hall.  (Attachments)

 

11b.   Request City Manager to consider placing preservation deed restrictions on the property known as G.A.R. Hall so that the historic nature and significance of the property is maintained, especially in the event the City conveys the property.  (Attachments)

 

11c.   Request City Solicitor report to City Council concerning options available to the City in order that the historic integrity of the G.A.R. Hall is protected.  (Attachments)

 

ORDERS

 

11d.   Request City Manager to contact the Convention and Visitors Bureau to request they provide City Council prior to the Commerce and Development Committee meeting on May 19, 2003, a copy of their current year’s budget and if there are other municipalities that are contributing hotel/motel tax to the operation of the Convention and Visitors Bureau and if there are other funding sources for operation of the Convention and Visitors Bureau.   Motion-Irish @ #8A CM – Adopted  (Attachments)

 

11e.   Request City Manager to provide, for Executive Session,  a report as to the financial impact of continuing litigation relative to Police Internal Affairs records.  Motion-Patton @ #16A CM – Adopted (Attachments)

 

11f.    Request City Manager to report on the  cities that received funding for HIV/AIDS counseling and testing from the State for fiscal year 2004.  Motion-Haller @ #21A CM

 

Councillor Petty moved to amend to add: and those cities that were denied funding.

 

Adopted, as amended (Attachments)

 

11g.   Request City Manager to report as to where, if anywhere, HIV/AIDS testing will be available to the City Worcester.  Motion-Irish @ #21A CM – Adopted  (Attachments)

 

11h.   Request City Manager to report relative to communities that were funded by the State for HIV/AIDS testing for fiscal year 2004 as to the amount each City was funded.  Motion-Haller @ #21A CM – Adopted  (Attachments)

 

11i.    Request City Manager to look at the global picture of HIV/AIDS funding in the City’s overall area and provide a report on the impact to local providers.   Motion-Patton @ #21A CM – Adopted (Attachments)

 

11j.    Request City Manager to provide City Council with an update on strategies as the City goes forward with the abandoned vehicle program.  Motion-Haller @ #24B CM – Adopted (Attachments)

 

11k.   Request City Manager to provide an update on State funding for the Coes Dam project. Motion-Murray @ #24C CM – Adopted

(Attachments)

 

11L.   Request Administration to contact the developers of the project at the top of Fourth St. for the purpose of discouraging their employees from speeding up and down the street.  Gomez – Suspension of Rules – Adopted  (Attachments)

 

11m.  Request Administration to place a Police cruiser on Fourth St. to detect and ticket vehicles traveling at excessive rates of speed.  Gomez – Suspension of Rules – Adopted  (Attachments)

 

11n.   Request Administration to report on street sweeping and signage that is posted.  Murray – Suspension of Rules – Adopted (Attachments)

 

11o.   Request Administration to provide a report on the issue of gunshot and paint ball activity in and around Quinsigamond Village, particularly on the streets behind the Hart Center at the College of the Holy Cross.  Murray, Clancy – Suspension of Rules – Adopted

(Attachments)

 

11p.   Request Administration report on recent vehicle vandalism occurring in Quinsigamond Village, particularly on Whipple St.  Murray, Clancy  Suspension of Rules – Adopted  (Attachments)

 

11q.   Request Administration report on who is the legal owner of the ball field located behind the former Indian Hill School on Ararat St.  Murray – Suspension of Rules – Adopted  (Attachments)

 

11r.    Request Administration to report relative to changes in parking policies at the Worcester Common Outlet garage and what steps are being taken to adequately inform the public of the increase in the parking fee during Centrum events.  Irish – Suspension of Rules – Adopted  (Attachments)

 

12.     COMMUNICATIONS OF THE CITY MANAGER

 

THOMAS R. HOOVER

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR MAY 6, 2003

 

APPOINTMENTS

 

1. NON-CITY COUNCIL CONFIRMATION:

 

2. CITY COUNCIL CONFIRMATION:

 

TRANSMITTAL

 

3. AIRPORT:

 

4. ASSESSORS:

         

5. BUDGET OFFICE:

 

6. CODE ENFORCEMENT:

 

7. COMMUNICATIONS:

 

8. ECONOMIC DEVELOPMENT:

 

A.      Communication relative to Worcester County Convention & Visitors Bureau (WCCVB) Report. (Attachments)

 

Referred to Commerce & Development Committee

 

9. ELDER AFFAIRS:

 

10. ELECTION COMMISSION:

 

11. EMERGENCY MANAGEMENT:

 

12. EMPLOYMENT & TRAINING:

 

13. FIRE:

 

A.      Communication relative to Repair of the Stairway at the Grove St. Fire Headquarters. (Attachments)

 

          Placed on file

 

B.      Communication relative to Public Forum on Fire and Building Safety. (Attachments)

 

          Placed on file

 

14. HUMAN RESOURCES:

 

15. HUMAN RIGHTS:

 

16. LAW:

 

A.      Communication relative to the decision of the State Appeals Court holding, that Police Internal Affairs Records are Public Records. (Attachments)

 

          Placed on file

 

17. LICENSE COMMISSION:

 

18. NEIGHBORHOOD SERVICES:

 

A.      Communication relative to Rezoning of 105 Harrington Way. (Attachments)

 

          Referred to Planning Board

 

 

19. PARKS, RECREATION & CEMETERY:

 

A.      Communication relative to Media Advisory – Assumption College Announces a “Centennial” Partnership The Renaissance of Fairmount Square Park. (Attachments)

 

Placed on file

 

B.      Communication relative to Groundbreaking Invitation – Family Recreation Area at Green Hill Park. (Attachments)

 

          Placed on file

 

20. POLICE:

 

21. PUBLIC HEALTH:

 

A.      Communication relative to HIV/AIDS Counseling and Testing Program. (Attachments)

 

          Referred to Health Committee

 

22. PUBLIC LIBRARY:

 

A.      Request adoption of the Resolution to accept a grant in the amount of $3,000.00 from the U.S. Department of Housing and Urban Development, to the Worcester Public Library. (Attachments)

 

          Resolution adopted with gratitude

 

23. PUBLIC SCHOOLS:

 

24. PUBLIC WORKS:

 

A.      Communication relative to a reimbursement request submitted to Massachusetts Emergency Management Administration (MEMA) in the amount of $691,771.00 for Snow Removal Expenses incurred by the city during the President Day Snow Storm 2003. (Attachments)

 

          Placed on file

 

B.      Communication relative to Abandoned Vehicle Report Status. (Attachments)

 

          Placed on file

 

C.      Communication relative to Funds Allocated to the Coes Dam Project. (Attachments)

 

          Referred to Public Works Committee

 

25. PURCHASING:

 

26. TECHNICAL SERVICES:

 

27. TREASURY:

 

28. VETERANS SERVICES:

 

29. FINANCE:

 

A.      Recommend that Sixty Thousand Dollars ($60,000.00) be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #45C704, Water Department Building Rehabilitation, to provide funds for the purpose of funding contractual obligations related to improvements for the Water Department Building, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

B.      Recommend that Ninety One Thousand Four Hundred Thirty Dollars ($91,430.00) be transferred from the following accounts:

 

ACCOUNT

DESCRIPTION

AMOUNT

330-10

Sewer Construction Permits

$ 81,430.00

330-02

Construction Inspection Fee

   10,000.00

 

Total

$ 91,430.00

 

          and appropriated to the following account #4102-91000, DPW Engineering Personal Services, to provide sufficient operating funds for DPW Engineering for fiscal 2003.  This transfer represents approved fiscal 2003 budgetary credits. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

C.      Recommend that Four Thousand Three Hundred Twenty Dollars ($4,320.00) be transferred, when and as received, from Account #91C780, Capital Equipment, and appropriated to  Account #44C704, Sewer Department Capital Equipment, to provide funds for the purpose of purchasing program upgrade for Reverse 911, for the Sewer Department, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

D.      Recommend that Thirty Six Thousand Dollars ($36,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and appropriated to Account #41C704, Department of Public Works Building Rehabilitation, to provide funds for the purpose of funding various contractual obligations for the Department of Public Works, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

E.      Recommend that Fifty Thousand Dollars ($50,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and appropriated to Account #44C705, Sewer Building Rehabilitation, to provide funds for the payment of contractual obligations related to project engineering, window replacement, HVAC, and other projects for the Sewer Department, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

F.      Recommend that Five Hundred Thousand Dollars ($500,000.00) be transferred from Account #91C713, Water Mains, and appropriated to Account #45C720, Water Mains, to provide funds for the purpose of making payments for contractual obligations related to various Water Main Projects, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

G.      Recommend that One Hundred Thousand Dollars ($100,000.00) be transferred from Account #91C756, Landfill, and appropriated to Account #41C756, Landfill, to provide funds for the purpose of making payments for contractual obligations related to the Ballard Street Landfill project, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

H.      Recommend that Sixty Two Thousand One Hundred Fifty Eight Dollars and Ninety Seven Cents ($62,158.97) be transferred when and as received from Account #91C780, Capital Equipment, and appropriated to Account #41C703, DPW Capital Equipment, to provide funds for the purpose of purchasing the following pieces of capital equipment:     

         

(1)

Articulator Crane Conversion

$56,500.00

(1)

Transmission Fluid Exchanger

    3,299.00

(1)

Cement Mixer

    2,359.97

 

for the Department of Public Works, as approved in the Capital Improvement Program. (Attachments)

 

          Order adopted on a roll call 10-0 (Perotto absent)

 

I.       Recommend that Two Hundred Ten Thousand One Hundred Seventy Four Dollars and Fifty Cents ($210,174.50) be transferred from Account #33040, Reserve for Appropriation, 1% Federal Reimbursement and appropriated to the following accounts:

         

ACCOUNT

DEPARTMENT

AMOUNT

600-91099

Purchasing

$  51,970.00

650-91099

Auditing

    53,237.50

170-91099

Human Resources

      1,275.00

680-91099

Information Services

    32,148.50

660-91099

Treasury

    33,815.00

040-91099

City Manager

    35,103.50

040-92099

City Manager

         125.00

680-92099

Information Services

      2,500.00

 

Total

$210,174.50

 

to provide funds for the purpose of providing indirect services related to certain Federal and State Grants. (Attachments)

 

          Order adopted on a roll call 10-0 (Perotto absent)

 

J.       Recommend that One Hundred Forty One Thousand One Hundred Fifteen Dollars and Seventy Five Cents ($141,115.75) be transferred from the following accounts:

 

ACCOUNT

DESCRIPTION

AMOUNT

330-01

Pearl Elm Reserves

$  80,000.00

330-02

Federal Plaza Reserves

    49,080.00

330-04

Parking Meter Reserves

    12,035.75

 

Total

$141,115.75

 

                   and appropriated to the following accounts:

                  

ACCOUNT

DESCRIPTION

AMOUNT

46S501

Pearl Elm Ord. Maint.

$  80,000.00

46S502

Federal Plaza Ord. Maint.

    49,080.00

46S504

Parking Meter Ord. Maint.

    12,035.75

 

Total

$141,115.75

 

This appropriation provides sufficient operating funds for the Off Street Parking Program for the fourth quarter of fiscal 2003. (Attachments)

 

          Order adopted on a roll call 10-0 (Perotto absent)

 

K.      Recommend that Ten Thousand Dollars ($10,000.00) be transferred from Account #330-04, Parking Meter Reserves, and appropriated to Account #4106-92000, Traffic Engineering Ordinary Maintenance, to provide sufficient operating funds for the Off Street Parking Program, for the fourth quarter of fiscal 2003. This transfer represents approved fiscal 2003 budgetary credits. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

L.      Recommend that One Hundred Fifty Thousand Dollars ($150,000.00) be transferred from Account #91C741, Street Construction and appropriated to Account #41C797, Sidewalks, to provide funds for the payment of contractual obligations related to various sidewalk improvements, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

M.     Recommend that Two Hundred Thousand Dollars ($200,000.00) be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C744, Sewer Reconstruction, to provide funds for the payment of contractual obligations related to various sewer reconstruction projects, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

N.      Recommend that Two Hundred Thousand Dollars ($200,000.00) be transferred from Account #91C722, Bridges, and appropriated to Account #41C721, Bridges, to provide funds for the purpose of payment of contractual obligations related to the reconstruction of the bridge over North Lake Ave. as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

O.      Recommend that Fourteen Thousand Three Hundred Five Dollars ($14,305.00) be transferred from Account #330-07, Damage Settlement Account, and appropriated to Account #260-92000, Fire Department Ordinary Maintenance, to provide funds to replace turn-out gear for 13 Firefighters whose gear was damaged in a fuel oil spill on I-290 in April 2002. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

P.      Recommend that Thirty Two Thousand One Hundred Sixty One Dollars and Thirty Five Cents ($32,161.35) be transferred, when and as received, from Account #91C780, Capital Equipment, and appropriated to Account #26C701, Fire Department Capital Equipment, to provide funds for the contractual obligations associated with the purchase of a pick-up truck for special operations and the modifications needed on Ladder 2. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

Q.      Recommend that Nineteen Thousand Five Hundred Dollars ($19,500.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and appropriated to Account #72C702, Parks Site Improvements, to provide funds for the purpose of payment of contractual obligations related to Phase II improvements at Kendrick Field, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

R.      Recommend that Fifty One Thousand Dollars ($51,000.00) be transferred from Account #91C784, Parks Improvements, and appropriated to Account #72C707, Green Hill Park Improvements, to provide funds for the purpose of payment of contractual obligations related to Green Hill Park Family Recreation Area Improvement Program, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 10-0 (Perotto absent)

 

S.      Recommend that Two Million Four Hundred Thousand Dollars ($2,400,000.00) 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 obligations related to the construction of the Worcester Vocational School, as approved in the Capital Improvement Program. (Attachments)

 

          Order adopted on a roll call 10-0 (Perotto absent)

 

30. MISCELLANEOUS:

 

13.     RECESS TO FINANCE AND ORDINANCE:  No Action Taken

 

          FINANCE

 

a)                 #7 CC  January 14, 2003

Communication of the City Manager relative to Preliminary Budget Analysis for Fiscal 2004. (Attachments)

 

          b)      #5C CM  January 28, 2003

Communication of the City Manager relative to framework for a Local and State Fiscal Recovery. (Attachments)

 

c)       #27 CC  February 4, 2003

Communication of the City Manager relative to Governor’s State budget cuts to the City of Worcester. (Attachments)

 

d)                #26 CC  February 4, 2003

James DelSignore, City Auditor transmitting City of Worcester’s 2002 Comprehensive Annual Financial Report. (Attachments)

 

          e)       #10 CC  February 11, 2003

                   James DelSignore, City Auditor transmitting schedule of revenues for the first six months of Fiscal 2003 compared to the same period in Fiscal 2002 and indicates revenues to be received for the entire year and revenues received for all of Fiscal 2002. (Attachments)

 

f)       #4C CM  February 11, 2003

                   Communication of the City Manager relative to using $11,000,000.00 of the unused tax levy. (Attachments)

 

g)                 #4A CM  March 4, 2003

Communication of the City Manager relative to the impact of $9,000,000 increase to the tax levy and the lowest residential rate scenario. (Attachments)

 

h)                 #5A CM  March 4, 2003

Communication of the City Manager analyzing Governor Romney's FY04 budget. (Attachments)

 

i)                   #5A CM  March 18, 2003

Communication of the City Manager relative to decision solving the 2004 budget.  (Attachments)

 

j)                   #13CC  March 18, 2003

James DelSignore, City Auditor transmitting computation of the legal debt margin for the City of Worcester as of February 28, 2003.   (Attachments)

 

k)                 #5B CM  April 15, 2003

Communication of the City Manager relative to proposals prepared and issued by the Metropolitan Mayor’s Coalition. (Attachments)

 

REPORT

 

          13a ACCEPTED AND VOTED TO ADVERTISE PROPOSED ORDINANCE – SUSPENSION OF RULES

 

13a.   REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board upon the Petition of Paul & Susan Lenkarski requesting to extend the RL-7 zone westerly to include most of the property at 35 State Rd. (aka 1200 West Boylston St. or 35 Electric Court) leaving existing building in BL-1.0 zone with legal frontage: recommend accept Planning Board recommendation and approve Petition.  (Attachments)

 

TABLED ITEMS

 

14.     Communication of the City Manager relative to CIGNA – Letter – Worcester Common Outlets.  (Tabled December 17, 2002) (Attachments)  No Action Taken

 

15.     Motion Lukes as amended by Abraham – Request Administration to contact CIGNA relative to the feasibility of linking up Front St. with Washington Sq. and Shrewsbury St. and explore financial incentives that might facilitate that.  (Tabled December 17, 2002)  (Attachments)  No Action Taken

 

16.     REPORT OF THE PLANNING BOARD Upon the Petition of James & Mary Whalen requesting to have zoning at 105 Harrington Way changed to RL-7.  (Ordinance Committee hearing held April 29, 2003) (Attachments)  Taken off the Table and referred to the Planning Board

 

17.     To Be Ordained – Amending Article VI of the Zoning Ordinance adopted April 2, 1991 relative to the Floodplain Overlay District. (Tabled April 29, 2003) (Attachments)  Taken off the Table and passed to be ordained on a roll call 11-0

 

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

 

MAY 5, 2003                     MUNICIPAL              COUNCIL CHAMBER

   6:00 P.M.                       OPERATIONS

 

 

MAY 6, 2003                     LAND USE                 COUNCIL CHAMBER

   6:30 P.M.

 

 

MAY 7, 2003                   EDUCATION &                      ROOM 310

   5:00 P.M.                COLLEGE/UNIVERSITY             CITY HALL

                                         RELATIONS

 

 

MAY 7, 2003                 PUBLIC WORKS           COUNCIL CHAMBER

  6:00 P.M.

 

 

MAY 12, 2003                COMMUNITY              COUNCIL CHAMBER

5:30-7:30 P.M.               DEVELOPMENT

 

 

MAY 14, 2003                COMMUNITY              COUNCIL CHAMBER

5:30-7:30 P.M.              DEVELOPMENT

 

 

MAY 15, 2003                 TRAFFIC &                   ROOM 310

   6:00 P.M.                       PARKING                     CITY HALL

 

 

MAY 19, 2003             COMMERCE &                 COUNCIL CHAMBER

   6:00 P.M.                  DEVELOPMENT

 

 

MAY 21, 2003               PUBLIC WORKS           COUNCIL CHAMBER

  6:00 P.M.