CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – FEBRUARY 11, 2003

7:00 P.M

Convened:   7:11 P.M.

Adjourned: 9:10 P.M.

 

 

1.                 INVOCATION – Rev. Nancy Strong

                                     St. Matthew’s Episcopal Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL - All present except Councillor Gomez and Councillor Lukes.  Councillor Gomez arrived at 7:34 P.M.

 

          The Chair recognized Girls Scout Troop 835 Cadets who were present to earn the Silver Award Badge.

 

4.       ITEMS OF CITIZEN INTEREST

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          5 & 6 REFERRED TO PUBLIC WORKS COMMITTEE

 

5.       Jay Pelletz, Mutual Builders, Inc. request to install 620’ of sewer and 480’ of drain in El Caney Rd. from existing lines in Cuba Rd. Also to replace 2” water main in El Caney Rd. with 8” water main.  Work to be done at Petitioner’s expense. (Attachments)

 

6.       Ida Grosvenor on behalf of Charles, Drew & Donna Grosvenor request abatement of Sewer Assessment #30839 in the amount of $4,180.00 on Rockwell St. (Attachments)

 

          7 & 8 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

7.       Maritza Velazquez request handicap parking at 34 Newbury St. be removed and installed at 78 Russell St. (Attachments)

 

8.       Jacques Poulin request handicap parking in front of 55 Merrifield St.

          (Attachments)

 

9.       COMMUNICATIONS OF THE CITY MANAGER

 

THOMAS R. HOOVER

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR FEBRUARY 11, 2003

 

APPOINTMENTS

 

1. NON-CITY COUNCIL CONFIRMATION:

 

A.      Notification of Constable Appointments. (Attachments)

 

Placed on file

 

2. CITY COUNCIL CONFIRMATION:

 

TRANSMITTAL

 

3. AIRPORT:

 

4. ASSESSORS:

 

A.      Communication relative to Properties Taken Off the Tax Rolls in the past two years. (Attachments)

 

Referred to Municipal Operations Committee

 

B.      Communication relative to Assessed Values on all CIGNA Properties. (Attachments)

 

Referred to Commerce & Development Committee

 

C.      Communication relative to Using $11,000,000.00 of the Unused Tax Levy. (Attachments)

 

          Referred to Finance

 

D.      Communication relative to Providing a Systematic Increase in the Number of Qualifying Taxpayers for Section 51 of the Elderly Exemption. (Attachments)

 

          Referred to Municipal Operations Committee

 

5. BUDGET OFFICE:

 

6. CODE ENFORCEMENT:

 

A.      Communication relative to DRAFT copy of the Proposed Zoning Ordinance. (Attachments)

 

          Referred to Land Use Committee

 

7. COMMUNICATIONS:

 

8. ECONOMIC DEVELOPMENT:

 

A.      Communication relative to Worcester County Convention & Visitors Bureau (WCCVB) Quarterly Convention Department Update. (Attachments)

 

          Referred to Commerce & Development Committee

 

B.      Communication relative to Another First for Worcester. (Attachments)

 

Placed on file

 

C.      Communication relative to City-Owned Brownfield Sites. (Attachments)

 

          Referred to Commerce & Development Committee

 

9. ELDER AFFAIRS:

 

10. ELECTION COMMISSION:

 

11. EMERGENCY MANAGEMENT:

 

12. EMPLOYMENT & TRAINING:

 

13. FIRE:

 

14. HUMAN RESOURCES:

 

A.      Communication relative to Comparison of City of Worcester Health Premiums to Other Employers. (Attachments)

 

          Referred to Municipal Operations Committee

 

15. HUMAN RIGHTS:

 

16. LAW:

 

A.      Request adoption of the order authorizing the conveyance of an easement to Philip O. Shwachman, Trustee, Central Thomas Realty Trust, over approximately 9,307.87 square feet of land utilized by the city of Worcester for the reconfiguration of Central Street. (Attachments)

 

Order adopted 8-1 (Yes - Clancy, Gomez, Haller, Irish, Palmieri, Perotto, Petty, Murray) (No – Patton)  (Lukes absent)

 

B.      Communication relative to Concerns Relating to Cable Television Rate Increases and Services, and Federal and State Authorities/Agencies to whom complaints/inquiries are to be made. (Attachments)

 

          Referred to Public Service & Transportation Committee

 

17. LICENSE COMMISSION:

 

A.      Communication relative to Monthly Report Regarding Liquor Licenses Approved. (Attachments)

 

          Placed on file

 

18. NEIGHBORHOOD SERVICES:

         

A.      Communication relative to Weed & Seed Initiative. (Attachments)

 

          Referred to Public Safety Committee

 

B.      Communication relative to the Governor’s Highway Safety Bureau Statewide Bicycle Helmet Program. (Attachments)

 

Placed on file

 

C.      Communication relative to Neighborhood Impact Re-mediation Measures – PIP Shelter. (Attachments)

 

Referred to Health Committee

 

D.      Request adoption of a disposition of City owned property located at 521 North Lake Avenue. (Attachments)

 

Order adopted

 

E.      Request adoption of a resolution relative to The Commonwealth of Massachusetts Executive Office of Public Safety (MEOPS), Massachusetts Emergency Management Agency (MEMA), and Citizen Corps Council Grant. (Attachments)

 

          Resolution adopted

 

19. PARKS, RECREATION & CEMETERY:

 

A.      Communication relative to an Invitation to a Public Meeting – Proposed Improvements to the Family Recreation Area within Green Hill Park. (Attachments)

 

Referred to Youth, Parks & Recreation Committee

 

B.      Communication relative to an Invitation to a Public Meeting – Proposed Safety Improvements to the Jack Barry Little League Softball Field at Harrington Way. (Attachments)

 

Referred to Youth, Parks & Recreation Committee

 

C.      Communication relative to Status Report – Kendrick Field Improvements Phase II. (Attachments)

 

          Referred to Youth, Parks & Recreation Committee

 

20. POLICE:

 

A.      Communication relative to Enforcement of the Winter Parking Ban on South Flagg Street. (Attachments)

 

Placed on file

 

B.      Communication relative to Enforcement of the Winter Parking Ban on Richland Street. (Attachments)

 

          Placed on file

 

C.      Communication relative to Condition of Worcester Police Department Vehicles. (Attachments)

 

Referred to Public Safety Committee

 

D.      Communication relative to Results of Investigation into the More Recent Murders Recorded in the City of Worcester. (Attachments)

 

Referred to Public Safety Committee

 

E.      Communication relative to Enforcement of Speed Regulations on South Flagg Street. (Attachments)

 

Placed on file

 

21. PUBLIC HEALTH:

 

A.      Notification of appointment of sworn weighers. (Attachments)

 

          Placed on file

 

B.      Communication relative to Organization and Contact Persons who Distribute/Provide Drug Injection Packages. (Attachments)

 

Recommitted to City Manager

 

C.      Communication relative to Transmission of Hepatitis B through Human Excrement. (Attachments)

 

          Referred to Health Committee

 

22. PUBLIC LIBRARY:

 

23. PUBLIC SCHOOLS:

 

A.      Communication relative to Charter School Funding Impacts on School Department Budgets. (Attachments)

         

          Referred to Education and College/University Relations

          Committee

 

24. PUBLIC WORKS:

 

A.      Communication relative to Cost to-date Report for Snow Removal. (Attachments)

 

Referred to Public Works Committee

 

B.      Communication relative to Copy of the Re-use Guidelines for Landfills. (Attachments)

 

Referred to Commerce & Development Committee

 

C.      Communication relative to Parking Administration Hours of Operation. (Attachments)

 

Placed on file

 

25. PURCHASING:

 

A.      Communication relative to Last 10 City Construction Jobs. (Attachments)

 

          Referred to Municipal Operations Committee

 

26. TECHNICAL SERVICES:

 

27. TREASURY:

 

A.      Communication relative to Sullivan Middle School. (Attachments)

 

          Referred to Education and College/University Relations

          Committee

 

28. VETERANS SERVICES:

 

A.      Communication relative to Health Services Provided to Veterans in the Ten Largest Cities in New England. (Attachments)

 

Referred to Military Affairs Committee

 

29. FINANCE:

 

A.      Recommend that Ninety One Thousand Seven Hundred Dollars  ($91,700.00) be transferred when and as received from Account #91C780, Capital Equipment, and appropriated to Account #41C703, D.P.W. Capital Equipment, to provide funds for the purpose of purchasing traffic signal equipment, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted 10-0  (Lukes absent)

 

B.      Recommend that Seventeen Thousand Six Hundred Fifteen Dollars and Fifty Cents ($17,615.50) be transferred when and as received from Account #91C780, Capital Equipment, and appropriated to Account #44C704, Sewer Capital Equipment, to provide funds for the purpose of purchasing computer related software for the GIS project, for the Sewer Department, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted 10-0  (Lukes absent)

 

C.      Recommend that One Hundred Seventy Five Thousand Dollars ($175,000.00) be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C761, Surface Drainage, to provide funds for the payment of contractual obligations related to improvements to the Brightwood Avenue Kenberma Road sewer relief, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted 10-0  (Lukes absent)

 

D.      Recommend that Fifty Thousand Dollars ($50,000.00) be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C732, Sewer Systems Control Plan, to provide funds for the payment of contractual obligations and other related costs, associated with the combined sewer compliance order with Federal and State regulations, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted 10-0  (Lukes absent)

 

E.      Recommend that Seventy Five Thousand Dollars ($75,000.00) 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 construction projects and other related costs, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted 10-0  (Lukes absent)

 

F.      Recommend that Sixty Four Thousand Seven Hundred Eighty Seven Dollars and Eighty Six Cents ($64,787.86) be transferred from Account #280-92000, Code Enforcement Ordinary Maintenance Account, and appropriated to Account #330-92000, Health Department Ordinary Maintenance Account.  The original transfer dated October 16, 2002 was erroneously requested for $143,000.00.  This transfer will correct the original requested transfer. (Attachments)

 

          Order adopted 10-0  (Lukes absent)

 

30. MISCELLANEOUS:

 

A.      Request approval of a Resolution relative to Service on Boards & Commissions. (Attachments)

 

          Resolution adopted

 

ORDERS

 

9a.     Request Administration to report on properties taken off the tax rolls by city departments such as EONS.  Motion Perotto @ #4A CM - Adopted  (Attachments)

 

9b.     Request Administration to communicate with non-profits to consider taking on certain services, to meet the needs of the community at large, as a way of giving back to the city when they take properties off the tax rolls.  Motion Perotto @ #4A CM - Adopted  (Attachments)

 

9c.     Request City Assessor to report what the assessed value would be of the Common Outlet Mall if it was vacant. Motion Clancy @ #4B CM - Adopted  (Attachments)

 

9d.     Request  City Assessor to report what the square footage is of the Outlet Mall, garage, and office towers. Motion Murray @ #4B CM - Adopted  (Attachments)

 

9e.     Request City Assessor to report on the number of residential properties in the city and abatements filed, granted or denied and the total number of commercial properties in the city and abatements filed, granted or denied for the past three years. Motion Murray @ #4B CM - Adopted  (Attachments)

 

9f.      Request City Assessor to report what the number would be if the lowest residential rate scenario was used having to do with the use of the unused tax levy dollars. Motion Perotto @ #4C CM - Adopted  (Attachments)

         

9g.     Request Administration to provide color copies of the re-writes of  Sections 1-6 and 7-13 of the Zoning Ordinance to the chairpersons of the Planning Board and Zoning Board of Appeals. Motion Patton @ #6A CM - Adopted  (Attachments)

 

9h.     Request City Manager to request the Administration of the PIP Shelter to clarify their position having to do with the suspension criteria on how many times an individual is given an opportunity to return after a 30 day suspension. Motion Perotto @ #18C CM - Adopted  (Attachments)

 

 9i.     Request City Manager to request the Administration of the PIP Shelter to report on video monitor system costs, sources of funding and a capital implementation plan for the Shelter.    Motion Perotto @ #18C CM - Adopted  (Attachments)

                  

9j.      Request Administration  to report how much money it costs the city when the Federal Government declares a heightened security alert and whether the city was reimbursed by the Federal Government for the overtime expenses involved after September 11th . Motion Perotto @ #18E CM - Adopted  (Attachments)

 

9k.     Request  City Manager to report on the possibility of consolidation of collection functions. Motion Clancy @ #24C CM - Adopted  (Attachments)

 

9L.     Request  Administration to report on out-of state students who get ticketed on a regular basis in the neighborhoods and from whom we cannot collect parking fines from,  the total amount of parking fines the city does not collect in a given year and to consider working with  the Consortium for Higher Education and colleges to have guidelines in place to make sure that parking fines are collected before the students leave the state with a diploma. Motion Clancy @ #24C CM - Adopted  (Attachments)

 

9m.    Request  City Auditor to report on the formula used for determining the assessed value of motor vehicles  and why they don't reflect the actual resale value of the vehicle. Motion Clancy @ #10CC - Adopted  (Attachments)

         

9n.     Request Administration to update the City Council on the status of the HELP Bill. Suspension of Rules - Clancy - Adopted  (Attachments)

 

9o.     Request the Administration to report on the legal responsibility of abutters of a private way as it relates to keeping it clear so that public safety vehicles can access the street, in particular, Congress Alley. Suspension of Rules - Murray - Adopted  (Attachments)

 

COMMUNICATIONS

 

10.     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 current budget for revenues to be received for the entire year and for all of Fiscal 2002. (Attachments)

 

          Referred to Finance

 

11.     Roberta Schaeffer, Executive Director, Worcester Regional Research Bureau transmitting Benchmarking Public Safety in Worcester:  2003.

          (Attachments)

 

          Referred to Public Safety Committee

 

RESOLUTIONS

 

11a.   Conveying to the White House and Federal Elected Officials the concerns of the city with regards to funding for local public safety.  Motion Murray and Irish @ # 18E CM - Resolution Adopted

 

11b.   That the Legislative Delegation  promptly act on an Early Retirement Bill for municipal employees. Palmieri - Suspension of Rules - Resolution Adopted

 

12.     RECESS TO FINANCE AND ORDINANCE:  No action taken

 

          FINANCE

 

a)                 #7CC 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)       #27CC  February 4, 2003

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

 

d)                26CC  February 4, 2003

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

                   (Attachments)

 

TABLED UNDER PRIVILEGE

 

13.     Communication of the City Manager relative to License Commission’s Practice – Licensed Liquor Establishments – Alleged Violation of Laws, Rules or Regulations.  (Tabled January 28, 2003)

          (Attachments)

 

          Councillor Patton moved to Table item. On a roll call  6-4 (Yes - Clancy, Palmieri, Patton, Perotto, Petty, Murray (No - Abraham, Gomez, Haller, Irish) (Lukes absent) item was Tabled

 

TABLED ITEMS No action taken

 

14.     Communication of the City Manager relative to CIGNA – Letter – Worcester Common Outlets.  (Tabled December 17, 2002)

          (Attachments)

 

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)

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

FEBRUARY 10, 2003       MUNICIPAL                 COUNCIL CHAMBER

        5:30 P.M.                  OPERATIONS

 

FEBRUARY 10, 2003     PUBLIC WORKS           COUNCIL CHAMBER

       7:00 P.M.

 

FEBRUARY 12, 2003        HOUSING &                COUNCIL CHAMBER

      5:00 P.M.                  NEIGHBORHOOD

Re: Housing Study         REVITALIZATION

       Discussion with DHCD & Area Elected Representatives

 

FEBRUARY 13, 2003        LAND USE                  COUNCIL CHAMBER

       5:30 P.M.

 

FEBRUARY 26, 2003        HOUSING &                COUNCIL CHAMBER

      5:00 P.M.                  NEIGHBORHOOD

Re: Housing Study         REVITALIZATION

       Public Hearing:  Question & Answer Session

 

FEBRUARY 26, 2003          TRAFFIC &               COUNCIL CHAMBER

        7:00 P.M.                       PARKING             

 

MARCH 10, 2003      ETHNIC & MINORITY      COUNCIL CHAMBER

       5:00 P.M.                        AFFAIRS

 

MARCH 19, 2003               HOUSING &               COUNCIL CHAMBER

      5:00 P.M.                  NEIGHBORHOOD

Re: Housing Study         REVITALIZATION

       Administrative Recommendations/Revised Document