CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – JUNE 3, 2003

7:00 P.M.

Convened:  7:08 P.M.

Adjourned:  8:32 P.M.

 

 

1.       INVOCATION –  Sister Paula Kelleher, SSJ

Vicar for Religious

Diocese of Worcester

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present except Councillor Lukes who arrived 7:24 P.M.

 

HEARINGS AND ORDERS – 7:00 P.M.

 

          4 & 5 – Councillor Haller recused on a roll call 10-0 Hearings held

 

4.       MASSACHUSETTS ELECTRIC CO. for cable and conduit system on:  MAIN ST.  (Attachments)

 

5.       MASSACHUSETTS ELECTRIC CO. for cable and conduit system on:  PLANTATION ST.  (Attachments)

 

          4a & 5a – Councillor Haller recused on a roll call 10-0 Orders adopted

 

4a.     Granting permission to MASSACHUSETTS ELECTRIC CO. for cable and conduit system on:  MAIN ST.

 

5a.     Granting permission to MASSACHUSETTS ELECTRIC CO. for cable and conduit system on:  PLANTATION ST.

 

ORDINANCE COMMITTEE HEARINGS

 

6 – Hearing held - On a roll call vote 9-1 (Haller-No, Lukes absent) Ordinance Committee voted not to accept the recommendation of the Planning Board to deny the Petition and recommend approval of the Petition.  Reconsideration denied on a roll call 0-10 (Lukes absent).

 

6.       REPORT OF THE PLANNING BOARD Upon the Petition of Joseph Capone requesting 15 Putnam Lane, known as Worcester Driving Range & Learning Center be changed from zone MG-2 to RL-7.

          (Attachments)

 

7 – Hearing held - On a roll call vote 10-0 (Lukes absent) Ordinance Committee voted to accept the recommendation of the Planning Board and recommend approval of the Petition.  Reconsideration denied on a roll call 0-11.

 

7.       REPORT OF THE PLANNING BOARD Upon the Petition of Attorneys Todd Rodman & Philip Coppinger on behalf of Jarmax Realty Trust request City of Worcester Zoning Map be amended by changing approximately 18,000 sq. ft. of land on Northboro St. from MG-1 to RL-7.   (Attachments)

 

8.       ITEMS OF CITIZEN INTEREST

 

8a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          9 REFERRED TO CITY MANAGER FOR RESPONSE

 

9.       Michael Galvin request publication of the FY 2004 Municipal Budget on the Worcester website in a format compatible with software designed for persons with visual impairments.   (Attachments)

 

          10 REFERRED TO PUBLIC WORKS COMMITTEE

 

10.     Peter & Pauline Stoddard request property at 20 Frederickson Ave. in Holden be allowed to connect to City of Worcester sewer system.  (Attachments)

 

          11 REFERRED TO CITY MANAGER FOR RESPONSE

 

11.     Michael Galvin request City Council investigate the cost savings if the City of Worcester were to adopt a policy of installing sidewalk wheelchair ramps fabricated from pre-cast concrete and why this wasn’t considered last year in Petition filed on April 23, 2002. (Attachments)

 

          12-18 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

12.     Winthrop Beam request removal of handicap parking from 110 Delmont Ave.  (Attachments)

 

13.     Karen Ludington & Charles Weiss, Children’s Friend, Inc. request “Slow Children” sign at 20 Cedar St. and crosswalk connecting 20 and 21 Cedar St.  (Attachments)

 

14.     Councillor Barbara Haller request “Handicap Parking, Do Not Park or Block, $200 Fine” sign or similar to be placed at entrance to 2 Lafayette Place to provide adequate access for an ambulance. (Attachments)

 

15.     Councillor Barbara Haller request “Caution Pedestrian Crossing” sign or similar to be placed on Hammond St., north side just past Beacon St., between Beacon St. and 12 Hammond St.   (Attachments)

 

16.     John Bartosiewicz, Vice President, PNI Club request removal of No Parking zone on Harding St. at the side door of the Polish Naturalization Independent Club, 290 Millbury St. and installation of on-street parking spaces.    (Attachments)

 

17.     Nour Mohieldin et al request one of more speed bumps on Mohave Rd.   (Attachments)

 

18.     Antonio Corapi request one-hour parking limit in front of 281 Shrewsbury St.   (Attachments)

 

18a.   Mayor Timothy Murray request double yellow lines on Chester St. from Parkton St. to Bjorkland St.  Referred to Traffic & Parking Committee – Suspension of Rules    (Attachments)

 

ORDERS

 

18b.   Request City Manager to report explaining the recommendation that the Code Department be examined for a potential revolving account in accordance with Mass. General Law.  Motion-Haller @ #6A CM – Adopted   (Attachments)

 

18c.   Request City Manager to provide a comparison of staffing levels in the Code Department of the City of Worcester and surrounding cities and towns.  Motion-Petty @ #6A CM – Adopted (Attachments)

 

18d.   Request Administration to report as to whether or not notification of the state regulatory fee should have been given to Charter Communications customers and further, if notification was not given, is there any opportunity for the City to not permit Charter Communications to collect the fee and further, to  request Charter Communications to waive the retroactivity on this fee.  Motion-Irish @ #15A CM – Adopted  (Attachments)

 

18e.   Request City Manager to provide an explanation of “Now due to a ruling by the Mass. Dept. of Telecommunications and Energy, we include yearly grants to municipalities under this line item” as contained in Item 15A of the City Manager’s Calendar of June 3, 2003. Motion-Petty @ #15A CM – Adopted (Attachments)

 

18f.    Request City Manager to provide a further report regarding what behaviors will result in being banned from the PIP Shelter and what behavior modification means in the case of prostitution.  Motion-Haller @ #17A CM – Adopted   (Attachments)

 

18g.   Request  City Manager to report on the costs and savings relative to the new five year contract for curbside recycling and how the City will handle the issue of bulk items left outside by college students or citizens.   Motion-Lukes @ #23A CM – Adopted  (Attachments)

 

18h.   Request Administration to provide recommendations as to how they might create a one stop shopping capability for permitting, regulation and enforcement of procedures relative to dumpsters.  Motion-Irish @ #23B CM – Adopted   (Attachments)

 

18i.    Request Administration to report on what the City can do to create an ordinance to enforce covering of dumpsters.  Further, request report as to whether the City could mandate the covering of roll-a-way dumpsters.  Further, to mandate fencing of dumpsters that are permanent and under the control of the License Board.  Motion-Clancy @ #23B CM – Adopted   (Attachments)

 

18j.    Request Administration to provide City Council with a copy of the rules and regulations  concerning dumpsters.  Motion-Patton @ #23B CM – Adopted   (Attachments)

 

18k.   Request Administration to report as to what fines are available for the City to use for overflowing or misplaced dumpsters, the opportunity for fencing dumpsters and who determines the size of a permanent dumpster.  Motion-Haller @ #23B CM – Adopted (Attachments)

 

18L.   Request Administration to report as to who is responsible for snow removal from Francis McGrath Blvd.  Motion-Irish @ #23E CM – Adopted   (Attachments)

 

18m.  Request City Auditor to report relative to carryover marketing funds from Fiscal 2002, put into 2003, not used and not matched by the private sector that allowed $50,000 to be carried over to FY 2004. 

Motion-Irish @ #20CC

 

Mayor Murray moved to amend: Further, request Administration, with the Marketing Corp. provide City Council with a clear picture since the inception of the Marketing Corp. as to who has produced what money and in what fiscal year.

 

Adopted, as amended   (Attachments)

 

18n.   Request Administration to provide City Council with a report on the number of overnight stays, per night, at the PIP Shelter, 701 Main St. for the past thirty days.  Report to include legal overnight capacity and who has the authority to enforce this capacity and any liabilities the City may incur as a result of consistent overcapacity conditions.  Haller, Gomez – Suspension of Rules – Adopted

          (Attachments)

 

18o.   Request Administration to report on whether the City will have a Police patrol at Green Hill Park.  Palmieri – Suspension of Rules – Adopted   (Attachments)

 

18p.   Request Administration to report on whether one of the yard waste drop-off sites might be open on Sunday.  Palmieri – Suspension of Rules

 

          Mayor Murray moved to amend:  Report to include cost.

 

          Adopted, as amended   (Attachments)

 

19.     COMMUNICATIONS OF THE CITY MANAGER

 

THOMAS R. HOOVER

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR JUNE 3, 2003

 

APPOINTMENTS

 

1. NON-CITY COUNCIL CONFIRMATION:

 

2. CITY COUNCIL CONFIRMATION:

 

TRANSMITTAL

 

3. AIRPORT:

 

A.      Communication relative to the Airport Budget hearing date which will be June 17, 2003. (Attachments)

 

          Placed on file

 

4. ASSESSORS:

         

5. BUDGET OFFICE:

 

A.      Communication relative to the Union Station budget for a hearing on June 10, 2003. (Attachments)

 

          Placed on file

 

6. CODE ENFORCEMENT:

 

A.      Communication relative to Long Range Plan for the Department of Code Enforcement. (Attachments)

 

          Referred to Municipal Operations Committee

 

7. COMMUNICATIONS:

 

8. ECONOMIC DEVELOPMENT:

 

A.      Request City Council accept with gratitude a donation from artist Nancy Deveno. She donated one of her works depicting Union Station prior to its renovation from 1991- 2000. (Attachments)

 

Order adopted with gratitude

 

B.      Communication relative to the Ten Most Improved Transit Systems in the country as chosen by readers of Metro Magazine. (Attachments)

 

Placed on file

 

9. ELDER AFFAIRS:

 

10. ELECTION COMMISSION:

 

11. EMERGENCY MANAGEMENT:

 

12. EMPLOYMENT & TRAINING:

 

13. FIRE:

 

14. HUMAN RESOURCES:

 

15. LAW:

 

A.      Communication relative to Charter Communications Customer Billing and the Collection of State Regulatory Fees. (Attachments)

 

Referred to Public Service & Transportation Committee

 

B.      Communication relative to Property Deeds Regarding Change of a Street Name and/or Street Number. (Attachments)

 

Placed on file

 

C.      Communication relative to State Class Code 132. (Attachments)

 

Placed on file

Also referred to Public Works Committee for informational purposes

 

D.      Communication relative to a press release regarding the Government Access Channel airing AUD World War I Mural Video. (Attachments)

 

          Placed on file

 

16. LICENSE COMMISSION:

 

17. NEIGHBORHOOD SERVICES:

 

A.      Communication relative to the PIP Shelter policy regarding arrested individuals. (Attachments)

 

Recommitted to the City Manager

 

B.      Request adoption of a resolution relative to the Massachusetts Executive Office of Public Safety (MEOPS) FY 2003 Juvenile Justice Challenge Grants Funds. (Attachments)

 

Resolution adopted

 

C.      Request adoption of a resolution relative to the Massachusetts Executive Office of Public Safety (MEOPS) FY 2003 Juvenile Justice and Delinquency Prevention (JJDP) Act Grant. (Attachments)

 

Resolution adopted

 

D.      Request adoption of a resolution relative to the Massachusetts Executive Office of Public Safety (MEOPS) FY 2003 U.S. Department of Homeland Security (USDHS) Grant Funds(Attachments)

 

          Resolution adopted

 

18. PARKS, RECREATION & CEMETERY:

 

A.      Communication relative to an Invitation to a Public Hearing – Proposed Park/Playground Improvements to University Crystal Park. (Attachments)

 

          Placed on file

 

B.      Communication relative to an update on relocating the Locobazooka Music and Art Festival within the City of Worcester for this calendar year. (Attachments)

 

Referred to Youth, Parks & Recreation Committee

 

C.      Request City Council accept with gratitude Various Donations for City Parks/Playgrounds Totaling over $4,000.00. (Attachments)

 

          Resolution adopted with gratitude

 

D.      Request City Council accept with gratitude a donation from the Friends of Hope Cemetery for the Maintenance/Management of Hope Cemetery. (Attachments)

 

Resolution adopted with gratitude

 

E.      Request City Council accept with gratitude a Generous Donation from Sam’s Club for the Junior Golf Program. (Attachments)

 

Resolution adopted with gratitude

 

F.      Request City Council accept with gratitude a donation of $1,000.00 from the Worcester Credit Union for the 2003 Summer Pool and Beach Program. (Attachments)

 

Resolution adopted with gratitude

 

G.      Request City Council accept with gratitude a donation of $1,000.00 from the Essex Group Management Corporation for the Commonwealth of Massachusetts Vietnam Veterans Memorial (VVM) at Green Hill Park. (Attachments)

 

Resolution adopted with gratitude

 

H.      Communication relative to an Update – Rogers Kennedy Memorial Restoration. (Attachments)

 

Placed on file

 

I.       Request City Council accept with gratitude a donation of approximately $9,000.00 in Labor for Three Full-Time Certified Lifeguards from Worcester Polytechnic Institute (WPI), for the Summer of 2003 Pool/Beach Season. (Attachments)

 

Resolution adopted with gratitude

 

19. POLICE:

 

A.      Communication relative to Calls left in the “Que”. (Attachments)

 

          Placed on file

 

20. PUBLIC HEALTH:

 

A.      Communication relative to the HIV/AIDS funding issues. (Attachments)

 

          Referred to Health Committee

 

21. PUBLIC LIBRARY:

 

22. PUBLIC SCHOOLS:

 

23. PUBLIC WORKS:

 

A.      Communication relative to Curbside Recycling Contract. (Attachments)

 

Referred to Public Works Committee

 

B.      Communication relative to Rules and Regulations Concerning Dumpsters. (Attachments)

 

Referred to Public Works Committee

 

C.      Communication relative to FY03 Sidewalk Rehabilitation Program. (Attachments)

 

Referred to Public Works Committee for June 5, 2003 meeting

 

D.      Communication relative to Process to Align the Existing Sections of Millbury Street. (Attachments)

 

Placed on file

 

E.      Communication relative to the Cost of Removing Snow on Main Street Including Both Court Houses. (Attachments)

 

          Placed on file

 

24. PURCHASING:

 

25. TECHNICAL SERVICES:

 

A.      Communication relative to steps taken to place the City of Worcester’s fiscal 2004 Annual Budget and Budget Message on the Worcester’s website: www.ci.worcester.ma.us. (Attachments)

 

          Placed on file

 

26. TREASURY:

 

27. VETERANS SERVICES:

 

28. FINANCE:

 

A.      Recommend that Eighty Four Thousand Two Hundred Ninety Three Dollars ($84,293.00) be transferred when and as received from Account #91C731, Water Department Capital Equipment, and appropriated to Account #45C703, Water Department Capital Equipment, to provide funds for the purpose of purchasing a 4 x 2 Construction Van for the Water Department, as approved in the Capital Improvement Program. (Attachments)

 

          Order adopted on a roll call 11-0

 

B.      Recommend that One Hundred Eleven Thousand Nine Hundred Fifty Dollars ($111,950.00) be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #46C704, Federal Plaza Garage Rehabilitation, to provide funds for the payment of contractual obligations related to the Phase 1 of the Federal Plaza Garage rehabilitation project, as approved in the Capital Improvement Program. (Attachments)

 

          Order adopted on a roll call 11-0

 

C.      Recommend that One Million Dollars ($1,000,000.00) be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #50C704, Worcester Public School Building Rehabilitation, to provide funds for the purpose of payment for contractual obligations related to various rehabilitation projects for the Worcester Public Schools, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 9-0 (Haller, Lukes absent)

 

D.      Recommend that Two Thousand One Hundred Fifty Eight Dollars and Eighty Two Cents ($2,158.82) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and appropriated to Account #330-92000 Health Department Ordinary Maintenance, to provide funds for the purpose of payment for repair costs associated with damages to a vehicle. These funds represent reimbursements received from Insurance Companies for damage to a vehicle owned by the City. (Attachments)

 

Order adopted on a roll call 11-0

 

E.      Recommend that Twenty Four Thousand Nine Hundred Seventy Three Dollars ($24,973.00) be transferred from Account #14S44529, South Worcester Neighborhood Housing, and appropriated to Account #14S48229, Main South CDC, to provide funding to the Main South CDC to perform project specific predevelopment activities in support of housing development in the South Worcester Neighborhood. (Attachments)

 

Order adopted on a roll call 11-0

 

F.      Recommend that Twenty Six Thousand Dollars ($26,000.00) be transferred from Account #33201, Hope Cemetery Lots & Graves, and appropriated to Account #720-91000, Parks Department Personal Services, to provide funds for the purpose of funding the Parks Department overtime account due to extreme winter related snow activity, and additional staffing needs to achieve Memorial Day Staffing preparations. (Attachments)

 

Order adopted on a roll call 11-0

 

G.      Recommend that Ten Thousand Three Hundred Thirteen Dollars and Fifty Cents ($10,313.50) be transferred from Account #33007, Reserve for Appropriation Damage Settlement, and appropriated to Account #72S413, Salisbury Pond Restoration, to provide funds for the purpose of funding the cleaning of solvent, that was inadvertently dumped into the catch basin on Gold Star Boulevard. (Attachments)

 

Order adopted on a roll call 11-0

 

29. MISCELLANEOUS:

 

COMMUNICATION

 

20.     James DelSignore, City Auditor transmitting communication relative to the marketing budget for FY 2002.  (Attachments)

 

          Placed on file

 

21.     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)

 

i)                   #5A CM  March 18, 2003

Communication of the City Manager relative to decision solving the 2004 budget.  (Attachments)

 

j)                   #13CC  March 18, 2003

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

 

k)                 #5B CM  April 15, 2003

Communication of the City Manager relative to proposals prepared and issued by the Metropolitan Mayor’s Coalition. (Attachments)

 

l)                   #5A CM  May 20, 2003

Communication of the City Manager relative to the FY 2004 Municipal Budget.  (Attachments)

 

TABLED ITEMSNo Action Taken

 

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

 

23.     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

 

 

JUNE 4, 2003        TRAFFIC & PARKING         COUNCIL CHAMBER

    6:00 P.M.

 

 

JUNE 5, 2003            PUBLIC WORKS               ROOM 310

    5:30 P.M.                                                           CITY HALL

Note change in time

 

 

JUNE 18, 2003            STRATEGIC                   COUNCIL CHAMBER

    6:00 P.M.                 PLANNING

 

 

JUNE 25, 2003               HEALTH                      COUNCIL CHAMBER

    6:00 P.M.

 

FISCAL 2004

BUDGET HEARINGS

 

 

           FINANCE                                EDUCATION & PUBLIC WORKS

TUESDAY, JUNE 3, 2003                 TUESDAY, JUNE 10, 2003

           4:00 P.M.                                               4:00 P.M.

 

Auditing                                               Public Schools

Assessing                                             Library

Purchasing                                           Regional Library

Pensions                                              Public Works

  Contribution                                       Parks

  Non Contributory                               Messenger

  Other Pensions                                   Auditorium

Technical Services                               Golf

Treasury                                              Centrum Centre

Debt Services

Pension Obligation

Human Resources                                           PUBLIC SAFETY

Workers Compensation                         TUESDAY, JUNE 17, 2003

Police/Fire – I.O.D.                                                4:00 P.M.

Health Insurance

Contingency                                           Police

Capital Campaign                                   Fire

                                                                Emergency Management

                                                                Communications

                                                                Health

                                                                Code