CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – MARCH 18, 2003

 

6:00 P.M. – Executive Session for the purpose of discussing litigation involving land takings –

Convened:  6:13 P.M. – Mayor’s Office

Recessed:  6:53 P.M. to meet in open session

 

7:00 P.M. – Regular meeting of the City Council –

Reconvened: 7:06 P.M. Adjourned:  10:00 P.M.

 

 

1.       INVOCATION – Rev. David Crabtree

                                 First Assembly of God

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present except Councillor Petty who arrived  

                              at 7:25 P.M.

 

ORDINANCE COMMITTEE HEARING – 7:00 P.M.

 

          4 - Recessed under personal privilege at the request of Councillor Perotto

 

4.         REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager requesting to amend the Floodplain Overlay District portion of the City of Worcester Zoning Ordinance to reflect the new Flood Insurance Rate Maps (FIRM) that are effective January 16, 2003.  (Attachments)

 

5.       ITEMS OF CITIZEN INTEREST

 

5a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          6 & 7 REFERRED TO PLANNING BOARD

 

6.       Joseph Capone, President, Worcester Driving Range request 15 Putnam Lane known as Worcester Driving Range & Learning Center be changed from a MG-2 to RL-7 zone. (Attachments)

 

7.       Attorneys Todd Rodman & Philip Coppinger on behalf of Jarmax Realty Trust request the City of Worcester Zoning Map be amended by changing approximately 18,000 s.f. of land on Northboro St. from MG-1.0 to RL-7.  (Attachments)

 

          8 REFERRED TO PUBLIC WORKS COMMITTEE

 

8.       Attorney Robert Longden on behalf of Z & H LLC request the City of Worcester to terminate and abandon City of Worcester sewer and drain easements on the property at 809 Grafton St.  (Attachments)

 

          9-11 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

9.       Evelyn Cardona request removal of handicap parking in front of 11 Stoneland Rd.  (Attachments)

 

10.     Daniel Sullivan, National Glass Works, Inc. request No Parking zone at our existing driveway edge at 103 Winfield St. and extend 15 feet.  (Attachments)

 

11.     Daniel Vasquez request handicap parking in front of 5 Maple Tree Lane be removed or relocated.  (Attachments)

 

ORDERS

 

11a.   Request City Manager to report how laid-off people would be brought back based upon early retirements and/or regular retirements.  Motion-Murray @ #5A CM – Adopted  (Attachments)

 

11b.   Request City Manager to revisit the issue of reducing hours open to the public in the Treasurer’s Office.  Motion-Murray @ #5A CM – Adopted  (Attachments)

 

11c.   Request City Manager to consider when new revenue is received that public safety personnel be re-hired first.  Motion-Perotto @ #5A CM – Adopted  (Attachments)

 

11d.   Request City Manager to report within the next two weeks on the completion of the Cutover Microwave Project at the Communications Department.  Motion-Perotto @ #7A CM – Adopted

          (Attachments)

 

11e.   Request Administration report to City Council on the development and implementation of a process when there is a change in a TIF agreement that relates to in-kind services.  Motion-Lukes @ #8A CM

 

Mayor Murray moved to amend: Further, request Administration quantify the value of services that are provided. 

 

Adopted, as amended  (Attachments)

 

11f.    Request City Manager to report on the possibility of alternative siting for the Universal Metal Business and Universal Metal Corp. project.  Motion-Palmieri @ #8B CM – Adopted  (Attachments)

 

11g.   Request Commerce and Development Committee to consider as one of the goals in the TIF for Universal Metal Corp. if the project stays in its current location, the façade of the building as it relates to Shrewsbury St.   Motion-Murray @ #8B CM – Adopted

          (Attachments)

 

11h.   Request City Manager to provide a report concerning funding for the Union Station garage.  Motion-Patton @ #8C CM – Adopted

(Attachments)

 

11i.    Request City Manager to report on the current status of State TIP funding.  Motion-Patton @ #8C CM – Adopted (Attachments)

 

11j.    Request Administration to communicate with the State to make sure the 25% design meeting for Washington Sq. is held in the vicinity of the proposed  project.  Motion-Clancy @ #8C CM – Adopted (Attachments)

         

11k.   Request City Manager to provide a Table of Organization from SMG in order to understand the reporting relationships between SMG Worcester and other SMG facilities.  Motion-Irish @ #16A CM – Adopted   (Attachments)

 

11L.   Request City Manager to provide a report clearly delineating what the legal nexus is to the contract for the management of the Convention Center and the lease, specifically whether that lease can be extended and how that impacts on the contract to manage the Convention Center.  Motion-Lukes @ #16A CM – Adopted (Attachments)

 

11m.  Request City Manager to provide a report showing all the amendments to the original lease for the Convention Center, what the relationship between the lease and management contract is, how long the lease can be extended for and what the original termination date of that lease was.  Motion-Lukes @ #16A CM -  Adopted (Attachments)

 

11n.   Request City Manager to include in the report on the management contract and lease agreement for the Convention Center, the role of the Civic Center Commission.  Motion-Lukes @ #16A CM (Attachments)

 

Mayor Murray moved to amend to add: and the Worcester County Convention and Visitors Bureau.

 

Adopted, as amended   (Attachments)

 

11o.   Request Commissioner of Public Works to provide a further report detailing what he would like to see in the Transportation Task Force, what he means by an Asset Management System in terms of implementation and cost and any other suggestions for dealing with implementation and planning of infrastructure issues.  Motion-Lukes @ #24B CM -  Adopted  (Attachments)

 

11p.   Request City Manager to requested each department head to provide a long range plan within the department of the needs and concerns of the department and a plan as to how those issues should be addressed.   Motion-Abraham @ #24B CM – Adopted  (Attachments)

 

11q.   Request City Manager to consider including members of the  Public Works Committee on the Transportation Task Force and that the legislative branch of government be appropriately incorporated into this task force and the planning and implementation of the issues stated in Item 24B of the City Manager’s Calendar of March 18, 2003.  Motion-Murray @ #24B CM – Adopted  (Attachments)

 

11r.    Request License Commission to quarterly review whether or not a Police detail is needed at the new Shaw’s Supermarket on Grafton St.  Motion-Palmieri @ #20C CM – Adopted  (Attachments)

 

11s.   Request City Manager to report on the current condition of the Federal Plaza Garage, how much of the garage is usable, how long before the garage is back on line, the total cost of the rehabilitation project, is it a bonded program and will it be repaid through revenues from the garage.  Motion-Patton @ #29D CM – Adopted (Attachments)

 

11t.    Request City Auditor to report on the financial statement of the Off-Street Parking Board as it relates to the Federal Plaza Garage reserves and/or profits and how those funds might be expended.  Motion-Patton @ #29D CM – Adopted  (Attachments)

 

11u.   Request Administration to provide City Council with an impact report on community policing as a result of the recent budget decisions for FY03 and FY04.  Further, request this report to be provided at the March 25, 2003 City Council meeting.  Perotto, Haller, Lukes, Gomez, Petty, Clancy, Patton, Murray, Abraham, Palmieri – Suspension of Rules – Adopted  (Attachments)

 

11v.   Request Administration to report, off Calendar if necessary, as to the timetable for clean-up of dumping on two vacant lots on Austin St.  Haller – Suspension of Rules - Adopted  (Attachments)

 

12.     COMMUNICATIONS OF THE CITY MANAGER

 

THOMAS R. HOOVER

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR MARCH 18, 2003

 

APPOINTMENTS

 

1. NON-CITY COUNCIL CONFIRMATION:

 

A.      Notification of the appointment of Keith T. Higgins to the World War Memorial at Lincoln Square Board of Trustees. (Attachments)

 

Placed on file

 

B.      Notification of the appointment of Nadia Beard and John Deedy to the Trust Funds Commission. (Attachments)

 

          Placed on file

 

2. CITY COUNCIL CONFIRMATION:

 

A.      Notification of the appointment of John M. Wilkes to the Advisory Committee on the Status of Women. (Attachments)

 

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

 

TRANSMITTAL

 

3. AIRPORT:

 

4. ASSESSORS:

 

5. BUDGET OFFICE:

 

A.      Communication relative to decision solving the 2004 Budget. (Attachments)

 

          Speakers:  Sandra Burgoyne, Clerks Association

Anthony Petrone, Police Officers Union

Mike Lavin, President, Local 495

 

          Referred to Finance

 

6. CODE ENFORCEMENT:

 

7. COMMUNICATIONS:

 

A.      Communication relative to Communication Department March 8, 2003 Cutover Microwave Project. (Attachments)

 

Referred to Public Safety Committee

 

8. ECONOMIC DEVELOPMENT:

 

A.      Communication relative to Status of Home Depot TIF as it relates to the Youth Build program. (Attachments)

 

Placed on file

 

B.      Communication relative to the submittal of a Certified Project application for 345 Shrewsbury Street Realty, Inc., Universal Metal Business Trust and Universal Metal Corp., as well as a resolution to establish a new Site Specific E.O.A. for 345 Shrewsbury Street. (Attachments)

 

Referred to Commerce & Development Committee

 

C.      Communication relative to Union Station Update. (Attachments)

 

          Referred to Commerce & Development Committee

 

9. ELDER AFFAIRS:

 

10. ELECTION COMMISSION:

 

A.      Communication relative to Current Discussions on Legalizing Casino Gambling. (Attachments)

 

          Placed on file

 

11. EMERGENCY MANAGEMENT:

 

12. EMPLOYMENT & TRAINING:

 

13. FIRE:

 

A.      Communication relative to Metallic Underground Storage Tanks. (Attachments)

 

          Referred to Education & College/University Relations Committee

 

B.      Communication relative to Grant Monies to Build a Firefighter Training Facility in the City. (Attachments)

 

          Referred to Public Safety Committee

 

C.      Request City Council accept with gratitude donations of $875.00 from the Angola Professional Firefighters Local 3962, Indiana and $375.00 from the Angola Volunteer Fire Department, Indiana. (Attachments)

 

Order adopted with gratitude

 

14. HUMAN RESOURCES:

 

A.      Communication relative to Override Collective Bargaining Language. (Attachments)

 

          Placed on file

         

15. HUMAN RIGHTS:

 

16. LAW:

 

A.      Communication relative to an agreement with SMG on the terms of a new Convention Center Management Agreement and to recommend adoption of an order authorizing the signing of an amendment to the Centrum Arena Lease that includes a Naming Rights provision. (Attachments)

 

          Referred to Municipal Operations Committee

 

B.      Communication relative to special legislation decreasing the number of days abandoned vehicles must be stored by a tow company prior to disposal. (Attachments)

 

          Placed on file

 

C.      Communication relative to Charter Communication Telephone Statistics. (Attachments)

 

Referred to Public Service & Transportation Committee

 

D.      Communication relative to forthcoming Telecommunication Forum. (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 Outlining the Parameters of use for Community Development Block Grant (CDBG) Funds. (Attachments)

 

          Referred to Community Development Committee

 

B.      Communication relative to the Executive Summary and Resolution regarding the Federal Emergency Management Agency FY 2003 Assistance to Firefighters Grant Program. (Attachments)

 

Resolution adopted

 

C.      Communication relative to the Storage of Abandoned Vehicles. (Attachments)

 

Placed on file

 

D.      Communication relative to the number of Abandoned Vehicles that were towed over the past three months along with corresponding documentation. (Attachments)

 

Placed on file

 

19. PARKS, RECREATION & CEMETERY:

 

20. POLICE:

         

A.      Communication relative to Speeding & Illegally Parked Vehicles at 785 Franklin Street. (Attachments)

 

          Placed on file

 

B.      Communication relative to Policy Concerning the Use of Jet Skis. (Attachments)

 

Referred to Youth, Parks & Recreation Committee

 

C.      Communication relative to Police Detail at the Shaw’s Supermarket on lower Grafton St. (Attachments)

 

Placed on file

 

D.      Communication relative to Traffic Enforcement in the Area of 30 Apricot Street. (Attachments)

 

Placed on file

 

E.      Communication relative to Trending Report. (Attachments)

 

Placed on file

 

21. PUBLIC HEALTH:

 

           A.     Notification of appointment of Sworn Weighers – Providence  & Worcester Railroad: Jeanne Blackman, James Cox, E. Clarke Brown, John Killoy, David Rutkowski; Metals Recycling: Kevin Heipt. (Attachments)

 

          Placed on file

 

B.      Communication relative to Program Incorporating the Findings of the HIV/AIDS and Hepatitis C Task Force. (Attachments)

 

          Referred to Health Committee

 

22. PUBLIC LIBRARY:

 

23. PUBLIC SCHOOLS:

 

24. PUBLIC WORKS:

 

A.      Communication relative to Grimewatch Program – November 2002 Activity. (Attachments)

 

Referred to Public Works Committee

 

B.      Communication relative to Future DPW Issues. (Attachments)

 

          Referred to Public Works Committee and Public Service &

          Transportation Committee

 

C.      Communication relative to 15 Minute Parking Meters. (Attachments)

 

Referred to Traffic & Parking Committee

 

D.      Communication relative to Traffic Control on Fairfield Street/Corner of May Street. (Attachments)

 

Referred to Traffic & Parking Committee

 

E.      Communication relative to Regulations on Sump Pump Discharge onto City Streets. (Attachments)

 

Referred to Public Works Committee

 

F.      Communication relative to Parking on Park View Drive. (Attachments)

 

Referred to Traffic & Parking Committee

 

25. PURCHASING:

 

26. TECHNICAL SERVICES:

 

27. TREASURY:

 

28. VETERANS SERVICES:

 

29. FINANCE:

 

A.      Recommend that One Hundred Thousand Dollars ($100,000.00), be transferred from Account #91C714, Water Pump Rehabilitation, and appropriated to Account #45C726, Water Pump Rehabilitation, to allow for the payment of current contractual obligations, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 11-0

 

B.      Recommend that Two Hundred Thousand Dollars, ($200,000.00), be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C764, Sewer Pumping, to allow for the payment of contractual obligations related to various sewer pumping projects as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 11-0

 

C.      Recommend that One Hundred Twenty Nine Thousand Five Hundred Eighty Dollars ($129,580.00) be transferred when and as received from Account #91C731, Water Capital Equipment, and appropriated to Account #45C703, Water Department Capital Equipment, for the purpose of purchasing:

                   (1)     Compressor Truck          $99,878.00

                   (1)     ¾ Ton Utility Truck         $29,702.00

for the Water Department as approved in the Capital Improvement Program. (Attachments)

 

          Order adopted on a roll call 11-0

 

D.      Recommend that Two Hundred Fifty Thousand Dollars ($250,000.00) be transferred when and as received from Account #91C711, Citywide Building Rehabilitation, and appropriated to Account #46C704, Federal Plaza Rehabilitation, for the payment of contractual obligations related to improvements at Federal Plaza Garage, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 11-0

 

E.      Recommend that Ninety Nine Thousand Nine Hundred Fifty Dollars ($99,950.00) be transferred when and as received from Account #91C734, Sewer Capital Equipment, and appropriated to Account #44C704, Sewer Department Capital Equipment, for the purpose of purchasing a Street Sweeper, as approved in the Capital Improvement Program. (Attachments)

 

          Order adopted on a roll call 11-0

 

30. MISCELLANEOUS:

 

A.      Communication relative to Areas at which Municipal Services could be Privatized. (Attachments)

 

          Referred to Municipal Operations Committee

 

B.      Communication relative to the City’s actions to prevent a tragedy such as the recent fire in Rhode Island. (Attachments)

 

COMMUNICATIONS

 

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

          (Attachments)

 

          Referred to Finance

 

14.     James DelSignore, City Auditor transmitting communication relative to the viability of establishing an internal audit function for the City. (Attachments)

 

          Referred to Municipal Operations Committee

 

15.     David J. Rushford, City Clerk transmitting notification of designation by the U.S. State Department as a United States Passport Processing Center.  (Attachments)

 

          Approved

 

16.     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)

 

TABLED ITEMSNo Action Taken

 

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

 

18.     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

 

 

MARCH 19, 2003               HOUSING &              COUNCIL CHAMBER

      5:00 P.M.                  NEIGHBORHOOD

Re: Housing Study         REVITALIZATION

       Administrative Recommendations/Revised Document - CANCELLED

 

 

MARCH 20, 2003              MUNICIPAL                COUNCIL CHAMBER

    5:30-7:00 P.M.              OPERATIONS

 

 

MARCH 26, 2003           PUBLIC SERVICE &     COUNCIL CHAMBER

       6:00 P.M.                  TRANSPORTATION

Re:  Development of a Telecommunications Master Plan for the City

 

 

 APRIL 14, 2003               PUBLIC WORKS        COUNCIL CHAMBER

       7:00 P.M.

Re:  Renaming of Millbury St. and the ramifications to roadways in the vicinity of the Blackstone Parkway