CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – MARCH 30, 2004

7:00 P.M.

Convened:  7:02 P.M.

Adjourned:  9:23 P.M.

 

 

1.       INVOCATION –    Rev. Aved Terzian

                                        Armenian Church of Our Saviour

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present except Councillor Rushton who arrived at 7:15 P.M.

 

Council suspended its rules to allow Roberta Schaeffer and Jean Supel from the Worcester Regional Research Bureau to speak relative to ComStat.

 

HEARINGS AND ORDERS – 7:00 P.M.

 

          4 – Hearing held

 

4.       CLARK & MOTT on behalf of FIBER TECHNOLOGIES NETWORKS, LLC to install fiber optic facilities at: INTERSECTION OF PROVIDENCE ST. and BALLARD ST. (Attachments)

 

          5 – Hearing held

 

5.       CLARK & MOTT on behalf of FIBER TECHNOLOGIES NETWORKS, LLC to install fiber optic facilities at:  INTERSECTION OF WEST BOYLSTON ST. and KENDRICK AVE.  (Attachments)

 

          4a & 5a – Orders adopted

 

4a.     Granting permission to CLARK & MOTT on behalf of FIBER TECHNOLOGIES NETWORKS, LLC to install fiber optic facilities at:  INTERSECTION OF PROVIDENCE ST. and BALLARD ST.

 

5a.     Granting permission to CLARK & MOTT on behalf of FIBER TECHNOLOGIES NETWORKS, LLC to install fiber optic facilities at:  INTERSECTION OF WEST BOYLSTON ST. and KENDRICK AVE.

 

6.       ITEMS OF CITIZEN INTEREST

 

6a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          7  - REFERRED TO PLANNING BD.

 

7.       Huy Nguyen request installation of sewers in Accommodation St. (Attachments)

 

          8-11 -  REFERRED TO PUBLIC WORKS COMMITTEE

 

8.       Thomas & Barbara McGrath et al request resurfacing of Clark St. (Attachments)

 

9.       Mark Cormier request permission to pave and use for snow storage city property directly adjacent to the west of our property at 203-207 Grove St.  (Attachments)

 

10.     Huy Nguyen request extension of water line to 6, 8 and 10 Accommodation St. at City’s expense.  (Attachments)

 

11.     Councillor Paul Clancy, Jr. request sidewalk repair on Southbridge St. from Malvern Rd. to Boyden St.  (Attachments)

 

          12-14a REFERRED TO TRAFFIC & PARKING COMMITTEE

 

12.     Peter Christo request resident parking be removed from the corner of Kendig and College Sts. to the beginning of 127 College St. on the odd side.  (Attachments)

 

13.     Terry Henry request removal of handicap parking in front of 46 Oak Ave.   (Attachments)

 

14.     Mayor Timothy Murray on behalf of Matthew Omara request removal of Bus Stop in front of 96 Hamilton St.  (Attachments)

 

14a.   Dave Dick request crosswalk cones/pylons be permanently affixed on Thorndyke Rd. at crosswalk in front of Thornkyke Rd. School and #31 Thornkyke Rd.   Suspension of Rules – Referred to Traffic & Parking Committee (Attachments)

 

          15 – REFERRED TO THE CITY MANAGER

 

15.     Councillor Frederick Rushton on behalf of Monica Freund Kaufman request Administration explore the possibility of designating some section of a city park for use as a “dog park”.  (Attachments)

 

          16  HEARING SET FOR APRIL 6, 2003 – 7:00 P.M.

 

16.     CLARK UNIVERSITY to install duct banks on:  MAYWOOD ST. (Attachments)

 

ORDERS

 

16a.   Request Administration to report as to whether or not parking could be allowed at bus stops after buses are no longer running.  Motion-Clancy @ #14CC – Adopted  (Attachments)

 

16b.   Request Administration to report on the trends of fires going back as far as data is available.  Motion-Petty @ #13A CM – Adopted

          (Attachments)

 

16c.   Request Administration to report relative to accidental fires in 2003 as to causes of accidental fires and further, as part of fire prevention if there are any new techniques that need to be used or is there any recommendation from the Administration for additional steps to be taken through school outreach, flyers or the media.  Motion-Haller @ #13A CM – Adopted  (Attachments)

 

16d.   Request Fire Chief to report to City Council his recommendations for preventing increases in accidental fires.  Motion-Lukes @ #13A CM – Adopted  (Attachments)

 

16e.   Request Administration report as to approximately how many faith-based community agencies are presently in the City of Worcester.  Motion-Perotto @ #17B CM – Adopted  (Attachments)

 

16f.    Request Administration to report on the cost for one dozen decorative street lights along East Central St. and further, report if there might be a grant that the City could obtain to install this type of lighting.  Motion-Perotto @ #18E CM – Adopted  (Attachments)

 

16g.   Request Administration to provide an update on the timeline for the Worcester Common project.  Motion-Murray @ #18E CM – Adopted  (Attachments)

 

16h.   Request Administration to build in a Streetscape maintenance piece to future public improvement programs.  Motion-Murray @ #18E CM – Adopted  (Attachments)

 

16i.    Request Administration to report on the removal of signs on Main St. where businesses are no longer operating and whether an Ordinance is required for removal of said signs.  Motion-Gomez @ #18E CM – Adopted   (Attachments)

 

16j.    Request Administration to provide a comprehensive report as to the cost to complete a rehab of City Hall.  Motion-Gomez @ #18E CM – Adopted  (Attachments)

 

16k.   Request Administration to report within two weeks relative to permitting issues for the month of April and that all organizations who utilize City and school ball fields are apprised of the permitting process.  Further, request City Manager to consider consolidating the permitting process for use of City and school ball fields.  Motion-Petty @ #18D CM – Adopted  (Attachments)

 

16L.   Request Administration to provide additional information on lead toxicity.  Motion-Haller @ #20B CM – Adopted  (Attachments)

 

16m.  Request Administration not to send a policy message to the State Department of Public Health  relative to the Worcester Roots Project until City Council makes the decision to have such a policy.  Motion-Perotto @ #20B CM – Adopted  (Attachments)

 

16n.   Request Administration to remove the residential portion of Plantation St. from Hamilton St. to Rice Sq. from the arterial street sweeping list and put that portion of the street onto the residential street sweeping list for next year.  Motion-Clancy @ #23C CM – Adopted

          (Attachments)

 

16o.   Request City Solicitor to review Mass. General Laws as they apply to prosecuting in Housing Court individuals for dumping of trash on City streets and sidewalks after the City has removed the trash.  Motion-White @ #23C CM – Adopted  (Attachments)

 

16p.   Request Administration report as to how many signs were posted and at what time for the street sweeping on Plantation St.  Motion-Perotto @ #23C CM – Adopted  (Attachments)

 

16q.   Request Administration to send a copy of  #23C on the City Manager’s Calendar of March 30, 2004 relative to the Spring Sweeping Program to all Crime Watch groups in the City.  Motion-Haller @ #23C CM – Adopted  (Attachments)

 

16r.    Request Administration to report on the April 13, 2004 City Manager’s Calendar relative to putting some teeth into City Ordinances and fines relative to illegal dumping and the street sweeping program.  Motion-Murray @ #23C CM – Adopted (Attachments)

 

16s.   Request City Manager to provide an explanation of the administrative decision to remove a tree on Mill St. to allow for development. Motion-Perotto @ #28D CM – Adopted  (Attachments)

 

16t.    Request City Manager to clarify the City’s policy as to tree removal and that a replacement tree would be in the vicinity of the tree removed.  Motion-Haller @ #28D CM – Adopted  (Attachments)

 

16u.   Request Administration to add a “Monthly”  column to the Abandoned Vehicle Report.  Motion-Haller @ #23F CM – Adopted

(Attachments)

 

16v.   Request City Manager to consider conducting exit interviews with companies leaving the City of Worcester.  Petty – Suspension of Rules – Adopted  (Attachments)

 

16w.  Request Administration report as to whether the City can ban dogs from being admitted to Hope Cemetery.  Clancy – Suspension of Rules – Adopted  (Attachments)

 

16x.   Request City Manager to evaluate the feasibility of setting amnesty areas in the downtown corridor for the purpose of providing some relief on parking tickets to delivery drivers supporting businesses downtown.  Gomez – Suspension of Rules – Adopted (Attachments)

 

16y.   Request Administration to report on the policy of the City in ticketing vehicles which are parked at broken meters.  Lukes – Suspension of Rules – Adopted  (Attachments)

 

17.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

ACTING CITY MANAGER

 

CITY COUNCIL CALENDAR FOR MARCH 30, 2004

 

APPOINTMENTS

 

1. NON-CITY COUNCIL CONFIRMATION:

 

          A.      Notification of Constable appointments. (Attachments)

 

                   Placed on file

 

2. CITY COUNCIL CONFIRMATION:

 

TRANSMITTAL

 

3. AIRPORT:

 

4. ASSESSORS:

         

5. BUDGET OFFICE:

 

6. CODE ENFORCEMENT:

 

7. COMMUNICATIONS:

 

8. ECONOMIC DEVELOPMENT:

 

A.      Communication relative to Special Olympics Winter Games 2004. (Attachments)

 

Placed on file

 

B.      Communication relative to TIF Termination Clauses. (Attachments)

 

          Referred to Commerce & Development Committee

 

C.      Communication relative to Film Production. (Attachments)

 

Referred to Commerce & Development Committee

 

D.      Communication relative to School Maintenance Building. (Attachments)

 

          Referred to Commerce & Development Committee

 

9. ELDER AFFAIRS:

 

A.      Communication relative to Outreach to Spanish Elders at Plumley Village. (Attachments)

 

Referred to Elder Affairs Committee

 

B.      Request adoption of a resolution to file and accept a grant from the Fallon/OrNda Community Health Fund. (Attachments)

 

          Resolution adopted

 

10. ELECTION COMMISSION:

 

11. EMERGENCY MANAGEMENT:

 

12. EMPLOYMENT & TRAINING:

 

13. FIRE:

 

A.      Communication relative to Structure Fires – Calendar Year 2003. (Attachments)

 

          Referred to Public Safety Committee

 

14. HUMAN RESOURCES:

 

15. LAW:

 

16. LICENSE COMMISSION:

 

17. NEIGHBORHOOD SERVICES:

 

A.      Recommend adoption of a resolution to file a reimbursement grant from the Commonwealth of Massachusetts Department of Revenue Underground Storage Tank Petroleum Cleanup Fund for FY2004 Underground Storage Tank Removal. (Attachments)

 

Resolution adopted

 

B.      Communication relative to HUD Faith-Based and Community Organizations Initiative. (Attachments)

 

Referred to Housing & Neighborhood Revitalization Committee

 

C.      Communication relative to Developing Alternatives for Women Now (DAWN), a pilot program for prostituted women. (Attachments)

 

Referred to Public Safety Committee

 

18. PARKS, RECREATION & CEMETERY:

 

A.      Communication relative to the appointment of Robert Antonelli as Acting Parks Commissioner. (Attachments)

 

Placed on file

 

B.      Request that City Council adopt a resolution to accept a donation from Woodyard Program. (Attachments)

 

Resolution adopted

 

C.      Request that City Council adopt a resolution to accept a donation for the Parks, Recreation, and Cemetery Department’s March Madness Basketball Tournament. (Attachments)

 

Resolution adopted

 

D.      Communication relative to Spring FY 2004 permits for use of Park facilities. (Attachments)

 

Referred to Youth, Parks & Recreation Committee

 

E.      Request adoption of a resolution to file and accept a grant for improvements to the City Hall Plaza on Worcester Common. (Attachments)

 

Resolution adopted – Also referred to Public Works Committee for informational purposes

 

19. POLICE:

 

20. PUBLIC HEALTH:

 

A.      Communication relative to Rabies Vaccination Clinic. (Attachments)

 

          Referred to Health Committee

 

B.      Communication relative to establishing a partnership with the Worcester Roots Project. (Attachments)

 

          Referred to Health Committee

 

21. PUBLIC LIBRARY:

 

A.      Request that the City Council adopt the attached resolution to accept a donation in the amount of $125.00, from the Honorable Timothy P. Murray, Mayor of Worcester. (Attachments)

 

          Resolution adopted with gratitude

 

22. PUBLIC SCHOOLS:

 

23. PUBLIC WORKS:

 

A.      Communication relative to Traffic Study in the Tatnuck Square/Pleasant Street corridor. (Attachments)

 

          Referred to Traffic & Parking Committee

 

B.      Communication relative to Leachate Flow near Greenwood Street. (Attachments)

 

Referred to Public Works Committee

 

C.      Communication relative to Spring Sweeping Program. (Attachments)

 

          Referred to Public Works Committee

 

D.      Communication relative to Leachate Flow on Two Streams Nippnapp and Stoneline Channels. (Attachments)

 

Referred to Public Works Committee

 

E.      Communication relative to Upgrade Signage Lane Markings & Crosswalk Enhancements. (Attachments)

 

          Referred to Public Works Committee

 

F.      SUPPLEMENTAL - Communication relative to Abandoned Vehicle Status Report. (Attachments)

 

          Referred to Public Works Committee

 

24. PURCHASING:

 

25. TECHNICAL SERVICES:

 

26. TREASURY:

 

27. VETERANS SERVICES:

 

A.      SUPPLEMENTAL - Recommend adoption of an order relative to a full time Veterans Agent. (Attachments)

 

          Order adopted on a roll call 11-0

         

28. FINANCE:

A.      Recommend that One Thousand Two Hundred Dollars ($1,200.00) be transferred from Account #100-91000, City Clerk Personal Services, and appropriated to Account #100-92000, City Clerk Ordinary Maintenance, to provide funding for the purchase technology parts and passport film supplies. (Attachments)

 

Order adopted on a roll call 9-0 (Rushton, White absent)

 

B.      Recommend that Five Thousand Six Hundred Twenty Four Dollars and Twenty Three Cents ($5,624.23) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and appropriated to Account #2602-92111, Fire Department Ordinary Maintenance, to provide funds for the purpose of payment for repairs to Fire Department car #14. (Attachments)

 

Order adopted on a roll call 9-0 (Rushton, White absent)

 

C.      Recommend that One Thousand Four Hundred Fifty Eight Dollars ($1,458.00) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and appropriated to Account #410318-92111, DPW Street Division Sidewalk Ordinary Maintenance, to provide funds for the purpose of payment for property damage caused by a contractor to City Property on Chandler Street. (Attachments)

 

Order adopted on a roll call 9-0 (Rushton, White absent)

 

D.      Recommend that One Thousand Dollars ($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 replacing (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 development on Mill Street. (Attachments)

 

Tabled under privilege (Perotto)

 

E.      Recommend that One Thousand Sixty Eight Dollars and Fifty Cents ($1,068.50) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and appropriated to Account #7203-92111, Parks Department Ordinary Maintenance, to provide funds for the purpose of payment for repairs to Parks Department vehicle. (Attachments)

 

Order adopted on a roll call 9-0 (Rushton, White absent)

 

F.      Recommend that Thirty Thousand and Seventy Four Dollars and Fifty Four Cents ($30,074.54) be transferred from Account #900-92000, City Manager’s Contingency Account, and appropriated to Account #040-91000, City Manager’s Personnel Services Account, and I further recommend that Three Thousand Nine Hundred Twenty Two Dollars ($3,922.00) currently available in Account #040-91000, City Manager’s Personnel Services, be re-appropriated to Account #040-91000, City Manager’s Personnel Services, to provide funding for the termination benefits for the remainder of Fiscal 2004 under the City Manager employment contract with Thomas R. Hoover, dated September 13, 2000, and amended on January 24, 2003. (Attachments)

 

Order adopted on a roll call 9-0 (Rushton, White absent)

 

G.      Recommend that Twenty Five Thousand Dollars ($25,000.00) be transferred from Account #172-96000, Unemployment Compensation Benefits, and appropriated to Account #720-92000, Parks Department Ordinary Maintenance to provide funding to proceed with a consultant for the privatization study of Hope Cemetery. (Attachments)

 

Order adopted on a roll call 9-0 (Rushton, White absent)

 

H.      Request that One Hundred Twenty Seven Dollars and Fifty Five Cents ($127.55) be authorized from the FY04 Fire Department Ordinary Maintenance, Account #260-92000, to provide funds for the purpose of payment of a prior year invoice. (Attachments)

 

Order adopted on a roll call 9-0 (Rushton, White absent)

 

I.       Recommend that Sixty Four Thousand Dollars ($64,000.00) be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #75C702, Centrum Centre Building Rehabilitation to fund a lighting system upgrade at the Centrum Arena and the replacement of door hardware necessary for the building. This funding was authorized as part of the Fiscal 2002 Capital Improvement Program, and is funded with revenues earned at the Centrum Centre. (Attachments)

         

          Order adopted on a roll call 9-0 (Rushton, White absent)

 

J.       Recommend that Forty Seven Thousand Dollars ($47,000.00) be transferred from Account #91C711, Building Rehabilitation and appropriated to Account #28C702, Code Enforcement Building Rehabilitation, to fund contractual and city payroll project cost related to building improvement projects at the Code Enforcement building, as approved in the Fiscal 2004

Capital Improvement Program. (Attachments)

 

          Order adopted on a roll call 9-0 (Rushton, White absent)

 

K.      Recommend that Forty Seven Thousand Seven Dollars and Seventy Four Cents ($47,007.74) be transferred from Account #91C716, Union Station, and appropriated to Account #04C704, Union Station Rehabilitation to provide funding to pay for contractual obligations for work related to the set up of the Customer Service Center at Union Station. (Attachments)

 

          Order adopted on a roll call 9-0 (Rushton, White absent)

 

29. MISCELLANEOUS:

 

18.     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)

 

COMMUNICATION

 

19.     Roberta Schaeffer, Executive Director, Worcester Regional Research Bureau transmitting:  Will Pilots Fly in Worcester?  Taxing Nonprofits and Other Options.  (Attachments)

 

          Referred to Municipal Operations Committee and Education & College/University Relations Committee

 

RESOLUTION

 

19a.   That the City Council hereby recognizes the leadership and innovation of Robert L. Moylan, Jr., Commissioner of Public   Works in implementing the Abandoned Vehicle Program.  Motion-Clancy @ #23F CM – Adopted on a roll call 9-0 (Rushton, White absent).  Councillor Clancy requested that the Acting City Manager place this Resolution in Mr. Moylan’s personnel file.   (Attachments)

         

LOAN ORDER TO BE ADOPTED

 

          20 ADOPTED ON A ROLL CALL 11-0

 

20.     That the Loan Order adopted on January 29, 2002 that appropriated the sum of $2,850,000.00 to Account #91C716, Union Station is hereby amended to provide that $100,000.00 of said sum be appropriated to Account #91C744, Ramp Demolition, when and as received to provide capital rehabilitation  funds for the Union Station Demolition Project (Ramp B), including costs incidental and related thereto.  (Attachments)

_____________________________________________________________

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

 

MARCH 29, 2004        PUBLIC WORKS           BEAVER BROOK PARK

      7:00 P.M.                                                        COMMUNITY HOUSE

                                                                              9 MANN ST.

 

 

MARCH 31, 2004        YOUTH, PARKS &        COUNCIL CHAMBER

      5:30 P.M.                  RECREATION

 

 

APRIL 7, 2004                  HOUSING &               SOUTH WORCESTER

      5:30 P.M.               NEIGHBORHOOD           NEIGHBORHOOD CTR.

                                    REVITALIZATION           47 CAMP ST.

 

 

APRIL 12, 2004        PUBLIC WORKS          QUINSIGAMOND ROOM

      7:00 P.M.                                                    QUINSIGAMOND SCHOOL

                                                                          832 MILLBURY ST.