CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – APRIL 13, 2004

7:00 P.M.

Convened: 7:00 P.M.

Adjourned: 9:50 P.M.

1. INVOCATION – Fr. Thomas Landry

Blessed Sacrament Church

2. PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

3. ROLL CALL – All present except Councillors Palmieri and Petty. Councillor Palmieri arrived at 7:12 P.M.

Mayor Murray read a Proclamation proclaiming the week of April 18-24, 2004 as the Week of the Young Child in Worcester

HEARINGS AND ORDERS – 7:00 P.M.

4 – Hearing held

4. CLARK & MOTT on behalf of FIBER TECHNOLOGIES NETWORKS, LLC to install and maintain fiber optic telecommunications facilities at: PROVIDENCE ST. @ GLOUCESTER ST.

5 – Hearing held

5. CLARK & MOTT on behalf of FIBER TECHNOLOGIES NETWORKS, LLC to install and maintain fiber optic telecommunications facilities at: CORAL ST. @ UNION PLACE.

4a & 5a ORDERS ADOPTED

4a. Granting permission to CLARK & MOTT on behalf of FIBER TECHNOLOGIES NETWORKS, LLC to install and maintain fiber optic telecommunications facilities at: PROVIDENCE ST. @ GLOUCESTER ST. (Attachments)

5a. Granting permission to CLARK & MOTT on behalf of FIBER TECHNOLOGIES NETWORKS, LLC to install and maintain fiber optic telecommunications facilities at: CORAL ST. @ UNION PLACE. (Attachments)

ORDINANCE COMMITTEE HEARINGS – 7:00 P.M.

6 – Hearing held – Ordinance Committee on a roll call vote of 9 Yeas and 0 Nays (Irish, Petty absent) voted to accept the Reports of the Planning Board and Land Use Committee and recommend approval of the Petition

6. REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board upon the Petition of Attorney Samuel DeSimone requesting to amend the Zoning Map of the City of Worcester by establishing an Adaptive Reuse Overlay District over a portion of the area presently zoned MG-2.0 at or near the intersection of Exeter St. and Fremont St. (Attachments)

7 – Hearing held – Ordinance Committee on a roll call vote of 9 Yeas and 0 Nays (Irish, Petty absent) voted to accept the Reports of the Planning Board and Land Use Committee and recommend approval of the Petition

7. REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board upon the Petition of John Kazlauskas, Sr. et al requesting a zone change from RG-5 to BL-1.0 for properties located on Grafton, Mendon and Cutler Sts. (Attachments)

8. ITEMS OF CITIZEN INTEREST

8a. ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

PETITIONS

9 - REFERRED TO PLANNING BOARD

9. Sandra Smith request removal of private portion of Denver Terrace from the Official Map and abandon same area as a sewer easement. (Attachments)

9a - REFERRED TO PARKS DEPARTMENT

9a. Mayor Timothy Murray request removal of stump on Beacon St. at corner of Oread Place. Referred to Parks Department – Suspension of Rules (Attachments)

10-17h – REFERRED TO PUBLIC WORKS COMMITTEE

10. Janice St.Amand et al request private street maintenance on Viele Ave. (Attachments)

11. Peter Olivieri request sidewalk repair at 400 Burncoat St. (Attachments)

12. Michelle Currie request abatement of Sewer Assessment #30926 in the amount of $3,091.68 on Burgess Rd. (Attachments)

13. Charlene Key Sokal request abatement of Sewer Assessment #30934 in the amount of $2,908.14 on Burgess Rd. (Attachments)

14. Councillor Thomas White on behalf of Norman Swenson request resurfacing of Jeppson Ave. where needed. (Attachments)

15. Jonathan & Carole Steen request abatement of Sewer Assessment #30933 in the amount of $2,579.82 on Burgess Rd. (Attachments)

16. Michele Sloan et al request to improve condition and safety of Pullman St. by resurfacing it and marking lanes from Brooks St. to 40 Pullman St. (Attachments)

17. Attorney Robert Longden on behalf of Grafton Partners, LLC request to accept an easement for street purposes over a portion of Petitioner’s property located on Grafton St. and containing approximately 4,969 sq. ft. (Attachments)

17a. Councillor Barbara Haller request resurfacing of Sheridan St. Referred to Public Works Committee – Suspension of Rules (Attachments)

17b. Councillor Barbara Haller request resurfacing of Pitt St. Referred to Public Works Committee – Suspension of Rules (Attachments)

17c. Councillor Barbara Haller request resurfacing of Kansas St. Referred to Public Works Committee – Suspension of Rules (Attachments)

17d. Councillor Barbara Haller request sidewalk replacement on Sheridan St. Referred to Public Works Committee – Suspension of Rules (Attachments)

17e. Councillor Barbara Haller request sidewalk replacement on Pitt St. Referred to Public Works Committee – Suspension of Rules (Attachments)

17f. Councillor Barbara Haller request sidewalk replacement on Kansas St. Referred to Public Works Committee – Suspension of Rules

(Attachments)

17g. Councillor Konstantina Lukes request street repair at corner of Lauf and Pleasant Sts. Referred to Public Works Committee – Suspension of Rules (Attachments)

17h. Councillor Frederick Rushton request resurfacing of St. Kevin Rd. Referred to Public Works Committee – Suspension of Rules (Attachments)

18-20 - REFERRED TO TRAFFIC & PARKING COMMITTEE

18. Gen Gaidis et al request resident only parking on Chapin St. (Attachments)

19. Mark Piscillo et al request one hour parking along eastbound side of Shrewsbury St. opposite 56 Shrewsbury St. from corner of 290 ramp to bus stop. (Attachments)

20. Attorney Robert Longden on behalf of Grafton Partners, LLC request to enter into a prior agreement and/or necessary traffic control agreements to construct certain traffic improvements within the public ways of Grafton St., Waverly St. and Penn Ave. (Attachments)

21 & 22 – REFERRED TO CITY MANAGER

21. Mayor Timothy Murray, Councillor Barbara Haller and Councillor Juan Gomez request Administration to immediately install a fence at the city owned property at 48 Mason St., the former laundry and quickly proceed with demolition because of the effects on the neighborhood and the financial costs associated with ten years worth of illegal dumping. (Attachments) Scott Schaeffer-Duffy and Kenneth Hannaford-Ricardi spoke

22. Michael Bowie, President, Colonel William Henshaw Chapter, Mass. Society of the Sons of the American Revolution requesting that the desecration of the Worcester Patriot graves on the Worcester Common conducted in 1969 be remedied and a plan be incorporated into the proposed renovations to include (as enclosed). (Attachments)

CHAIRMAN’S ORDERS

22a-i FROM COMMERCE & DEVELOPMENT – Adopted – Suspension of Rules

22a. Request Administration report to City Council within 30 days concerning the South Worcester Industrial Park, including all financial items. (Attachments)

22b. Request Administration to include Harlow St. Artist’s Group in our support for an Arts District. (Attachments)

22c. Request Administration to bring forward the Farmer’s Market study. (Attachments)

22d. Request Administration to provide City Council with a listing of all economic development projects that require city financial participation and the dollar amounts. (Attachments)

22e. Request Administration to provide City Council with a summary of the discussions concerning the naming rights for Worcester’s Centrum Centre. (Attachments)

22f. Request City Manager to recommend $150,000.00 in Fiscal Year 2005 for the Worcester County Convention and Visitor’s Bureau and an additional $40,000.00 earmarked to sports marketing. (Attachments)

22g. Request Administration report to City Council concerning reinvigorating the Sports Council. (Attachments)

22fh. Request Administration to update City Council on the Union Station Loan Order. (Attachments)

22i. Request Administration to provide City Council with a status report on the Shrewsbury St. maintenance facility. (Attachments)

ORDERS

22j. Request Administration to provide a time schedule as to when the buildings at 48 Mason St. might be demolished and fenced and what it would cost to install a temporary fence in the event that the timeline is too long for the neighborhood to wait. Motion-Haller @ #21CC – Adopted (Attachments)

22k. Request Administration to redact information pertaining to an individual’s date of birth and Social Security number relative to items coming before the City Council. Motion-Lukes @ #1A CM – Adopted on a roll call 10-0 (Petty absent) (Attachments)

22L. Request Administration to report on what kind of training is required of an individual to become a Constable. Motion-Lukes @ #1A CM – Adopted (Attachments)

22m. Request City Solicitor to review the confidential report prepared by the City Auditor explaining in detail the pros and cons of the type of financing that was done with the Worcester Center Boulevard Garage and report to City Council as to whether City Council can have access to this report. Motion-Lukes @ #5A CM - Adopted

(Attachments)

22n. Request Administration, as Heywood St. is used as a detour for the Interstate 290 project, that the signage prohibiting trucks is enforced. Motion-Clancy @ #9A CM – Adopted (Attachments)

22o. Request City Solicitor to develop proposed legislation that would allow the City to become more aggressive relative to littering from vehicles and illegal dumping. Motion-Murray @ #15A CM – Adopted (Attachments)

22p. Request Administration to address the numerous illegal repair garages in the City, in particular Thayer Court. Motion-Gomez @ #15A CM - Adopted (Attachments)

22q. Request Administration to report within 30 days as to whether the City can receive additional funds from the $1 million available for Veteran’s services. Motion-Perotto @ #17B CM – Adopted (Attachments)

22r. Request City Solicitor to report on the City’s liability if a Police Officer chooses not to wear a bulletproof vest while on duty. Motion-Lukes @ #19A CM – Adopted (Attachments)

22s. Request Administration report as to the appropriate way of dealing with needles during a neighborhood cleanup. Motion-Haller @ #20B CM – Adopted (Attachments)

22t. Request Administration to report on traffic impacts of the MDC-DCR Cambridge St. sewer improvements project. Motion-Haller @ #23D CM – Adopted (Attachments)

22u. Request Administration report as to when the remnants of the incinerator on Ballard St. will be taken down and when the new storage garage will be built. Motion-Clancy @ #28D CM - Adopted (Attachments)

22v. Request Administration to provide an explanation of the statement contained in the Central Mass. Regional Planning Commission 2003 Annual Report as follows: “the City of Worcester is the focus of this year’s traffic count effort”. Further, request Administration provide City Council with the report relative to a completed build-out study for the City of Worcester that includes both a greenfield analysis and a special redevelopment component to account for new growth areas that are targeted for re-use of previously developed land. Motion-Murray @ #26CC - Adopted (Attachments)

22w. Request Administration report as to what the City can do to get an owner to be more vigilant about the type of activity that takes place on their property. Clancy – Suspension of Rules – Adopted (Attachments)

22x. Request Administration to update City’s Web Page to include a map that clearly shows district lines. Further, request that ward lines be shown as well, along with voting sites. Haller – Suspension of Rules - Adopted (Attachments)

22y. Request Administration report to City Council on its policy regarding keeping City-owned/controlled properties clean of debris. Haller – Suspension of Rules – Adopted (Attachments)

22z. Request Administration to look at what can be done at 23 Inglewood Ave. where a tree was taken down but the stump still protrudes making for a public safety nuisance. Gomez, Rushton – Suspension of Rules – Adopted (Attachments)

22aa. Request Administration to evaluate the feasibility of removing a large and very old dying tree on a lot between 44 and 54 Fairfield St. Tree is believed to be causing a threat to abutting homes. Gomez, Rushton – Suspension of Rules – Adopted (Attachments)

22bb. Request Administration to address flooding which results at the intersection of Inglewood Ave. and Isabella St. Gomez, Rushton – Suspension of Rules – Adopted (Attachments)

22cc. Request Administration report on status of Faraday St. lot owned by

Massachusetts Electric Company. Murray – Suspension of Rules – Adopted (Attachments)

22dd. Request City Manager to remove a silver Toyota station wagon on Oread St. Further, request Health and/or Code Inspectors visit the last two homes on the odd numbered side of Oread St. as relates to trash and debris. Murray – Suspension of Rules - Adopted (Attachments)

23. COMMUNICATIONS OF THE CITY MANAGER

MICHAEL V. O’BRIEN

ACTING CITY MANAGER

CITY COUNCIL CALENDAR FOR APRIL 13, 2004

APPOINTMENTS

1. NON-CITY COUNCIL CONFIRMATION:

A. Notification of Constable appointment – George Pignataro, Jr. (Attachments )

Placed on file

2. CITY COUNCIL CONFIRMATION:

A. Notification of the reappointment of Michael W. Coonan to the Worcester Redevelopment Authority. (Attachments)

Reappointment confirmed on a roll call 10-0 (Petty absent)

TRANSMITTAL

3. AIRPORT:

4. ASSESSORS:

A. Communication relative to Abatements for Three Deckers. (Attachments)

Referred to Municipal Operations Committee

5. BUDGET OFFICE:

A. Communication relative to the Refinancing of the Worcester Center Boulevard Garage. (Attachments)

Referred to Municipal Operations Committee

B. Communication relative to the City of Worcester’s Snow Removal Budget. (Attachments)

Referred to Public Works Committee

6. CODE ENFORCEMENT:

A. Communication relative to Worcester Vocational High School - Progress Report February/March 2004. (Attachments)

Referred to Education & College/University Relations Committee

7. COMMUNICATIONS:

8. ECONOMIC DEVELOPMENT:

A. Communication relative to Cultural Development Donations. (Attachments)

Two Orders adopted on a roll call 9-0 (Petty, Rushton absent)

B. Communication relative to Worcester County Convention & Visitors Bureau Third Quarter Report for FY’04. (Attachments)

Referred to Commerce & Development Committee

9. ELDER AFFAIRS:

A. Communication relative to Maintenance of Senior Center Grounds. (Attachments)

Placed on file

B. Request adoption of grant resolutions – Councilor on Aging Formula & Service Incentive Grants, Worcester Area Retired and Senior Volunteer Program, Senior Aide Employment from Senior Service America, Inc., Central Mass. Agency on Aging Health Promotion Grant, Friends of Worcester’s Senior Center. (Attachments)

Five Resolutions adopted

10. ELECTION COMMISSION:

11. EMERGENCY MANAGEMENT:

12. EMPLOYMENT & TRAINING:

13. FIRE:

14. HUMAN RESOURCES:

A. Communication relative to Update – myMedication Advisor – Voluntary Rx Savings and Safety Program. (Attachments)

Referred to Municipal Operations Committee

B. Communication relative to the Eleanor Riik Service Excellence Award. (Attachments)

Placed on file

15. LAW:

A. Communication relative to Legislation Concerning Illegal Dumping in Public Ways. (Attachments)

Referred to Public Works Committee

16. LICENSE COMMISSION:

17. NEIGHBORHOOD SERVICES:

A. Communication relative to 2003 Community Emergency Response Teams (CERT) Grant Program. (Attachments)

Referred to Public Safety Committee

B. Communication relative to the Veteran’s Workforce Integration Program. (Attachments)

Referred to Military Affairs Committee

C. Request adoption of the Executive Summary and Resolution to file and accept a FY’03 Weed & Seed Funds Grant with the U.S. Department of Justice Executive Office of Weed & Seed. (Attachments)

Resolution adopted

18. PARKS, RECREATION & CEMETERY:

A. Communication relative to Worcester Designated as a Tree City USA and Receives the Growth Award from the National Arbor Day Foundation. (Attachments)

Placed on file

B. Communication relative to Second Woodyard Access Weekend – May 8 and 9, 2004. (Attachments)

Placed on file

C. Communication relative to a Press Release – An Invitation to the 2004 Arbor Day Celebration. (Attachments)

Placed on file

D. Communication relative to Permitting Process for Park Facilities through April 8, 2004. (Attachments)

Referred to Youth, Parks & Recreation Committee

E. Communication relative to Damage Settlement/ Tree Removal at 505 Mill Street. (Attachments)

Placed on file

19. POLICE:

A. Communication relative to Police Officers Wearing Bulletproof Vests. (Attachments)

Referred to Public Safety Committee

B. Communication relative to Federal and State Accreditation Programs and Costs. (Attachments)

Referred to Public Safety Committee

20. PUBLIC HEALTH:

A. Communication relative to Disease Prevention Media Campaign. (Attachments)

Referred to Health Committee

B. Communication relative to Disposal of Drug Paraphernalia. (Attachments)

Referred to Health Committee

C. Communication relative to Youth Access Compliance checks. (Attachments)

Referred to Health Committee

D. Communication relative to AMA Pride in Profession Award. (Attachments)

Placed on file

E. Communication relative to Tobacco Control Program FY’05. (Attachments)

Referred to Health Committee

21. PUBLIC LIBRARY:

A. Request City Council adoption of a resolution to accept a donation in the amount of $50.00 from the Faculty of Grafton Street School. (Attachments)

Resolution adopted

B. Request City Council adoption of a resolution to accept a donation in the amount of $200.00 from the Grand Aerie Fraternal Order of Eagles to the Worcester Public Library. (Attachments)

Resolution adopted

22. PUBLIC SCHOOLS:

23. PUBLIC WORKS:

A. Communication relative to Status of Making Quaker Road Public. (Attachments)

Placed on file

B. Communication relative to Waste Management’s Expiring Contract. (Attachments)

Referred to Public Works Committee

C. Communication relative to Waste Management and Upper Blackstone Water Pollution Abatement District. (Attachments)

Referred to Public Works Committee

D. Communication relative to Neighborhood Meetings regarding the MDC-DCR Cambridge Street Sewer Improvements. (Attachments)

Referred to Public Works Committee

E. Communication relative to Grimewatch Program – January 2004 Activity. (Attachments)

Referred to Public Works Committee

24. PURCHASING:

A. Communication relative to Minority Business Outreach. (Attachments)

Referred to Ethnic & Minority Affairs Committee

25. TECHNICAL SERVICES:

26. TREASURY:

27. VETERANS SERVICES:

A. Communication relative to the appointment of Karen Greenwood as Veteran’s Agent. (Attachments)

Placed on file

28. FINANCE:

A. Recommend that Four Hundred Thousand Dollars ($400,000.00) be transferred from Account #91C732, Water Building Rehabilitation, and appropriated to Account #45C704, Water Building Rehabilitation, to allow for the payment of current and future obligations for construction, engineering and other improvements to Water Department buildings at 16 and 18 East Worcester Street, as approved in the Capital Improvement Program. (Attachments)