CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – MAY 31, 2005

7:00 P.M.

 

1.       INVOCATION –  Rabbi Bruce Nachman

                             Shaarai Torah West

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present except Councillor Clancy

 

RECONSIDERATION

 

          4 – On a roll call vote of 9 Yeas and 0 Nays (Clancy, White absent) Council voted reconsideration.  Report and Petition recommitted to Ethnic & Minority Affairs Committee

 

4.       In accordance with Rule 41 of the Rules of the City Council, Councillor Konstantina B. Lukes requests reconsideration of the vote of the City Council taken on May 24, 2005 relative to item 54 of the City Clerk’s calendar relative to the Report of the Committee on Ethnic & Minority Affairs upon the Petition of William S. Coleman, III requesting Administration hold a public review of the City of Worcester’s Affirmative Action Plan of September 26, 1983. (Attachments)

 

5.       ITEMS OF CITIZEN INTEREST

 

5a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          6 – REFERRED TO PARKS DEPARTMENT

 

6.       Scott Babbitt request to install a small fence around the Lt. Power’s statue on side of City Hall. (Attachments)

 

          7-9 – REFERRED TO PUBLIC WORKS COMMITTEE

 

7.       Angela Bongovio request sidewalk repair at 54 Florence St. (Attachments)

 

8.       Stanford Strogoff request repair of sidewalk, driveway entrance and street walk way entrance at 28 South Flagg St.  (Attachments)

 

9.       Robert Lynch request sidewalk repair on the corner of 39 Beaver St. and Clement St. (Attachments)

 

          10 – REFERRED TO TRAFFIC & PARKING COMMITTEE

 

10.     Frank & Mary Riccardi request that Plum St. be returned to a one-way street with traffic traveling from East Worcester St. to Shrewsbury St. (Attachments)

 

ORDERS

 

10a.   Request City Manager to provide City Council with the definition of “perpetual care” as referenced in Item 15A of the City Manager’s Calendar of May 31, 2005.   Motion-Haller @ #15A CM – Adopted (Attachments)

 

10b.   Request City Manager to contact the appropriate individuals at UMass and affiliated corporations that fall under their domain as well as other people that own the City Hospital property, to see if they might pay for the clean-up of the property and report back to City Council as to the outcome of those communications.  Motion-Murray @ #15B CM – Adopted  (Attachments)

 

10c.   Request City Manager report as to equity contributions for each partner in Mason Street LLC to the Mason-Winfield St. project.  Motion-Rushton @ #17A CM – Adopted  (Attachments)

 

10d.   Request City Manager to send a copy of Item 19B of the City Manager’s Calendar of May 31, 2005 relative to translation services available at the Worcester Police and Communication Departments to all Crime Watch and neighborhood groups in the City.   Motion-Haller @ #19B CM – Adopted  (Attachments)

 

10e.   Request City Manager to provide a breakdown of medical services, health insurance costs and burial benefits for the Veteran Services Department as referenced in Item 28D of the City Manager’s Calendar of May 31, 2005.   Motion-Lukes @ #28D CM – Adopted (Attachments)

 

10f.    Request City Manager to provide a breakdown of the settlement as referenced in Item 28J of the City Manager’s Calendar of May 31, 2005.   Motion-Lukes @ #28J CM – Adopted  (Attachments)

 

10g.   Request City Auditor to update City Council relative to the request of the Retirement Board for minutes of a Retirement Board meeting dating back to January 1, 1998 as to when that information will be forthcoming.  Motion-Gomez @ #13CC – Adopted (Attachments)

 

10h.   Request City Manager to contact Executive Directors and the Boards of Directors of all regional social service/non-profit agencies requesting the establishment of a voluntary moratorium on locating any additional programs within the City of Worcester until such time as the Social Service/Non-Profit/Neighborhood Task Force issues its report concerning said programs in the Fall.  Murray, Petty, Irish, Rushton, Perotto, Haller, Palmieri, Gomez, Lukes, White, Clancy – Suspension of Rules – Adopted  (Attachments)

 

10i.    Request Administration to report on what, if any, zoning requirements apply to the siting of tax exempt/social service agencies, as to parking requirements.   Lukes – Suspension of Rules – Adopted (Attachments)   

 

10j.    Request City Manager to report on the cost to restore the Honor Roll War Memorial at the Lincoln St. School.  Palmieri – Suspension of Rules - Adopted  (Attachments)

 

10k.   Request Administration forward to City Council a copy of the job descriptions for the new positions of Commissioner and Director of Economic Development and provide a description of the process for outreach recruitment and/or hiring for the new positions.  Lukes – Suspension of Rules – Adopted  (Attachments)

 

10L.   Request City Solicitor to provide a legal opinion as to the City’s discretion and parameters of the distribution of Block Grant funds to SMOC for their Main South program.   Gomez – Suspension of Rules – Adopted  (Attachments)

 

11.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR MAY 31, 2005

 

APPOINTMENTS

 

1.  NON-CITY COUNCIL CONFIRMATION:

 

2.  CITY COUNCIL CONFIRMATION:

 

TRANSMITTAL

 

3.  AIRPORT:

 

4.  ASSESSORS:

 

5.  BUDGET OFFICE:

 

6.  CODE ENFORCEMENT:

 

A.      Communication relative to The Billboard Survey Project. (Attachments)  Tabled under privilege (Perotto)

 

B.      Communication relative to the Worcester Vocational High School – Progress Report for the months of February, March and April 2005. (Attachments)  Referred to Education & College/University Relations Committee

 

C.      SUPPLEMENTAL – Request City Council accept with gratitude a donation from UMass Memorial Health Care that will provide full funding for the position of Commissioner of Public Health within the City’s newly reorganized Department of Health and Human Services.   (Attachments)  Order adopted with gratitude

 

7.  COMMUNICATIONS:

 

8.  ECONOMIC DEVELOPMENT:

 

A.      Request adoption of a resolution to file and accept a $75,000.00 Section 203 Urban Planning Assistance Grant from the U.S. Department of Economic Administration. (Attachments)   Resolution adopted

 

9.  ELDER AFFAIRS:

 

A.      Communication regarding myriad multi-cultural programs and services available to our senior population. (Attachments)  Referred to Elder Affairs Committee

 

B.      Request adoption of an Order to renew the lease for office space at the Worcester Senior Center to the Camp Fire USA organization for one year. (Attachments)  Order adopted

 

C.      Communication relative to the results of a survey conducted at the Worcester Senior Center. (Attachments)  Referred to Elder Affairs Committee

 

10.  ELECTION COMMISSION:

 

11.  EMERGENCY MANAGEMENT:

 

12.  EMPLOYMENT & TRAINING:

 

13.  FIRE:

 

14.  HUMAN RESOURCES:

 

15.  LAW:

 

A.      Communication relative to the Norcross Mausoleum at Hope Cemetery and the Perpetual Care Fund. (Attachments)   Referred to Youth, Parks & Recreation Committee

 

B.      Communication relative to the history of the Worcester City Hospital property. (Attachments) Referred to Municipal Operations Committee

 

16.  LICENSE COMMISSION:

 

17.  NEIGHBORHOOD SERVICES:

 

A.      Communication relative to authorizing the sale of the City-owned Mason-Winfield Street tax title property to Mason Street LLC for the construction of 13 homeownership units. (Attachments)  Referred to Land Use Committee

 

18.  PARKS, RECREATION & CEMETERY:

 

19.  POLICE:

 

A.      Communication relative to the crime statistics for the sector surrounding Quinsigamond Community College for the months of January 2005 through March 2005 and a comparative report of these statistics for the months of January 2004 through March 2004. (Attachments)  Referred to Public Safety Committee

 

B.      Communication relative to the translation services that are available at the Worcester Police Department and the Communication Department. (Attachments)  Referred to Public Safety Committee and Ethnic & Minority Affairs Committee

 

C.      Request adoption of a resolution to file and accept with gratitude, a donation of $525.00 to the Worcester Police Department Drill Team from the Worcester Police Officials Union and the Vernon Hill American Legion Post #435. (Attachments)  Resolution adopted with gratitude

 

D.      Communication concerning arson fires in the City of Worcester. (Attachments)  Recommitted to the City Manager

 

20.  PUBLIC HEALTH:

 

21.  PUBLIC LIBRARY:

 

22.  PUBLIC SCHOOLS:

 

23.  PUBLIC WORKS:

 

A.      Communication relative to the Greenwood Street Landfill Project Status Report. (Attachments)   Tabled under privilege (Murray)

 

B.      Communication relative to Itemization of Costs for Daylighting Beaver Brook Culvert. (Attachments)   Tabled under privilege (Perotto)

 

C.      Communication relative to the streets selected by the Department of Public Works for inclusion in the FY 2006 Street Resurfacing Program. (Attachments)  Referred to Public Works Committee

 

24.  PURCHASING:

 

25.  TECHNICAL SERVICES:

 

26.  TREASURY:

 

27.  VETERANS SERVICES:

 

28.  FINANCE:

 

A.      Recommend that Three Thousand Three Hundred Twenty Five Dollars and Seventy Three Cents ($3,325.73) be transferred from Account #470-92000, Airport Department Ordinary Maintenance, and appropriated to Account #470-93000, Airport Capital Outlay, to provide funds for the purpose of purchasing a laptop computer and projector. (Attachments)  Order adopted on a roll call 10-0 (Clancy absent)

 

B.      Recommend that Five Hundred Thousand Dollars ($500,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and appropriated to Account #72C706, Worcester Common Rehabilitation, to provide funds for the payment of contractual obligations related to improvements and rehabilitation of the Common, as approved in the Capital Improvement Program. (Attachments)   Order adopted on a roll call 10-0 (Clancy absent)

 

C.      Recommend that One Million and Twenty Five Thousand Dollars ($1,025,000.00) be transferred from the following accounts:

         

ACCOUNT	DESCRIPTION	AMOUNT
91C702	Land Acquisition	$   750,000.00
2W-331-00	Water Retained Earnings	$   275,000.00
	Total	$1,025,000.00

 

and appropriated to Account #45C786, Water Land Acquisition, for the purpose of funding the acquisition of approximately 95 acres of land located of Bryant Road in Holden and 68 East County Road in Rutland for watershed preservation, as approved in the Capital Improvement Program. (Attachments)   Order adopted on a roll call 10-0 (Clancy absent)

 

D.      Recommend that Seventy Five Thousand Dollars ($75,000.00) be transferred from Account #280-91000, Code Enforcement Personal Services, and appropriated to the following accounts:

         

ACCOUNT	DESCRIPTION	AMOUNT
370-92000	Veteran Services Ord. Maint.	$70,000.00
280-92000	Code Enforcement Ord. Maint.	$  5,000.00
	Total	$75,000.00

 

to fund increase medical services, health insurance costs and burial benefits, for the Veteran Services Department and to pay for increased utility costs for Code Enforcement Ordinary Maintenance. (Attachments)   Order adopted on a roll call 10-0 (Clancy absent)

 

E.      Recommend that Thirty Thousand Dollars ($30,000.00) be transferred from Account #660-91000, Treasury Department Personal Services and appropriated to Account #660-92000, Treasury Department Ordinary Maintenance, to fund costs associated with rewiring connections to facilitate the transfer of Parking Ticket Vendor system, purchases of the central cash receipt endorsement devices, and costs associated with the tax lien sale. (Attachments)   Order adopted on a roll call 10-0 (Clancy absent)

 

F.      Recommend that One Hundred Sixty Seven Thousand Dollars ($167,000.00) be transferred from the following accounts:

         

ACCOUNT	DESCRIPTION	AMOUNT
120-91000	Law Dept. Personal Services	$  36,000.00
122-92000	Property & Liability Insurance Ordinary Maintenance	$  16,000.00
270-91000	Communication Per. Serv.	$  12,000.00
330-07	Damage Settlement	$  19,700.00
330-91000	Health Dept. Per. Serv.	$  10,000.00
410-92000	Public Works Sanitation Ord. Maint.	$  20,000.00
663-96000	Health Insurance Fringe Benefits	$  38,300.00
670-91000	Assessing Personal Services	$  15,000.00
	Total	$167,000.00

 

          and appropriated to Account #260-92000, Fire Department Ordinary Maintenance, for the payment of additional utilities, maintenance & repair, automotive supplies and other ordinary maintenance expenditures categories. (Attachments)   Order adopted on a roll call 10-0 (Clancy absent)

 

G.      Recommend that Eighteen Thousand Dollars ($18,000.00) be transferred from Account #170-91000, Human Resources Personal Services and appropriated to Account #170-92000, Human Resources Ordinary Maintenance, for the payment of additional outside labor counsel services for the remainder of FY2005. (Attachments)   Order adopted on a roll call 10-0 (Clancy absent)

 

H.      Recommend that Five Hundred Thousand Dollars ($500,000.00) be transferred when and as received from Account #91C780, Citywide Capital Equipment, and appropriated to Account #50C702, Public Schools Capital Equipment, for the purpose of purchasing computers, school buses and school plant truck, as approved in the fiscal 2005 Capital Improvement Program. (Attachments)   Order adopted on a roll call 10-0 (Clancy absent)

 

I.       Recommend the adoption of a Conservation Restriction Order Authorizing the acceptance of a conservation restriction on over 2.5 acres of land offered by the Greater Worcester Land Trust and owned by the Greater Worcester Land Trust, Inc.

         

Further recommend, that One Hundred Thousand Dollars ($100,000.00) be transferred from the following accounts:

 

ACCOUNT	DESCRIPTION	AMOUNT
330-09	Reserve for Approp. Real Estate	$  50,000.00
330-15	Reserve for Approp. Conserv. Fees	$  50,000.00
	Total	$100,000.00

 

         and appropriated to Account #04S437, Cascading Waters, to proceed with the acquisition of this parcel and conservation restriction from the Greater Worcester Land Trust. (Attachments)   Order adopted on a roll call 10-0 (Clancy absent)

 

J.       Recommend that Twenty Eight Thousand One Hundred Five Dollars and Twenty Six Cents ($28,105.26) currently available in Account #250-91000, Police Department Personal Services, be re-appropriated to this same account to pay for a settlement agreement with a former City of Worcester employee. (Attachments)   Tabled under privilege (Lukes)

 

29.  MISCELLANEOUS:

 

A.      Communication relative to the Worcester County Convention and Visitors Bureau report for the third quarter of 2005. (Attachments)  Referred to Commerce & Development Committee

 

B.      Request that the City Council schedule an executive session for Tuesday, May 31, 2005 at 6:00 p.m. for the purposes of discussing collective bargaining. (Attachments)  Placed on file

 

12.     RECESS TO FINANCE AND ORDINANCE:  No Action Taken

 

FINANCE

A.      #21A CM  May 3, 2005

Communication of the City Manager concerning hours of operation at the Frances Perkins Branch Library.  (Attachments)

 

B.                #47 CC May 24, 2005

Communication of the City Manager transmitting City of Worcester FY06 Municipal Budget. (Attachments)

 

COMMUNICATION

 

13.     Communication of James DelSignore, City Auditor, transmitting April 2005 Auditor’s Report. (Attachments)   Referred to Municipal Operations Committee

 

REPORTS

 

          14-20 – REFERRED TO PUBLIC WORKS COMMITTEE

 

14.     REPORT OF THE PLANNING BOARD Upon the Petition of David & Grace Drake and Christopher & Jennifer Schule requesting installation of sewers at 3 & 9 Belcourt Rd. (Attachments)

 

REPORTS OF THE PLANNING BOARD Upon the following Petitions requesting streets be made public:

 

15.     Geraldo Santos request to make public Tamar Ave. (Attachments)

 

16.     Angel & Carmen Medina request to make public Erie Ave. (Attachments)

 

17.     Ray Griffin request to make public Saybrook Rd. (Attachments)

 

18.     Roderick Morgan, Jr. request to make public Polito Dr. (Attachments)

 

19.     Maria-Elaina Riggieri request to make public Hazel St. (Attachments)

 

20.     Virginia MacDonald request to make public Cliveden St. (Attachments)

 

TABLED ITEMS – No Action Taken

 

21.     Order – Request City Council to vote its opposition to any raises for City Council for the 2006 term. (Lukes) (Tabled January 18, 2005) (Attachments) 

 

22.     DECREE TO MAKE PUBLIC: MIAMI ST. (Tabled April 12, 2005) (Attachments)  

 

23.     REPORT ON THE COMMITTEE ON ORDINANCES Upon the Report of the Planning Board Upon the Petition of Katherine Robertson, Project Manager, Gardner-Kilby-Hammond LLC request City of Worcester close, abandon and remove from the Official Map that portion of Tainter St. between #34 and #60 Tainter St. to facilitate construction of the proposed new Boys and Girls Club and Clark University athletic fields: recommend adoption of the accompanying Order.       (Tabled April 12, 2005) (Attachments)

 

24.     REPORT ON THE COMMITTEE ON ORDINANCES Upon the Report of the Planning Board Upon the Petition of Katherine Robertson, Project Manager, Gardner-Kilby-Hammond LLC request City of Worcester close, abandon and remove from the Official Map that portion of Ripley St. from southeast lot line of #41 to its terminus with current Tainter St. to facilitate construction of the proposed new Boys and Girls Club and Clark University athletic fields: recommend adoption of the accompanying Order.  (Tabled April 12, 2005) (Attachments)   

 

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

JUNE 1, 2005    6:00 P.M.	PUBLIC WORKS	QUINSIGAMOND ROOM QUINSIGAMOND SCHOOL 832 MILLBURY ST.
JUNE 4, 2005 8:30-9:30 A.M.	PUBLIC WORKS	VIEW ONLY LEAF COMPOSTING SITE RESIDENTIAL DROP-OFF CENTER 115 BALLARD ST.  TO BEGIN AT FORMER INCINERATOR BUILDING
JUNE 6, 2005    7:00 P.M. CANCELLED	JOINT PUBLIC WORKS AND COMMERCE & DEVELOPMENT	MAIN BALLROOM BEECHWOOD HOTEL 363 PLANTATION ST. Re: CitySquare & DIF
JUNE 13, 2005    7:00 P.M.	JOINT PUBLIC WORKS AND COMMERCE & DEVELOPMENT	LIBRARY ROOSEVELT SCHOOL 1006 GRAFTON ST. Re: CitySquare & DIF
JUNE 15, 2005    7:00 P.M.	JOINT PUBLIC WORKS AND COMMERCE & DEVELOPMENT	MAIN BALLROOM BEECHWOOD HOTEL 363 PLANTATION ST. Re: CitySquare & DIF
JUNE 20, 2005    7:00 P.M.	JOINT PUBLIC WORKS AND COMMERCE & DEVELOPMENT	AUDITORIUM JEWISH COMMUNITY CTR. 633 SALISBURY ST. Re: CitySquare & DIF
JUNE 27, 2005    6:00 P.M.	TRAFFIC & PARKING	COUNCIL CHAMBER

 

EVALUATION OF THE CITY MANAGER

 

June 28, 2005 – 7:00 P.M.

 

SUMMER SCHEDULE

CITY COUNCIL MEETINGS

    

July 19, 2005 – 4:00 P.M.

 

August 16, 2005 – 4:00 P.M.

 

 

FY 2006 BUDGET HEARINGS