CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL - MAY 4, 1999

          7:00 P.M.

Convened:  7:08 P.M.

Adjourned:  8:55 P.M.

 

1.       INVOCATION -   Rev. Louis J. Gould

Our Lady of Fatima Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL - All present except Councillors Clancy and Cooney. Councillor Cooney arrived at 7:20 P.M.

 

Mayor Mariano read a Proclamation proclaiming Sunday, May 8, 1999 National Association of Letter Carriers Food Drive Day in Worcester

 

Mayor Mariano read a Proclamation proclaiming May 2-8, 1999 National Drinking Water Week in Worcester

 

          HEARINGS AND ORDERS - 7:00 P.M.

 

          Hearings held

 

4.       MASSACHUSETTS ELECTRIC COMPANY for a cable and conduit system on: MILLBROOK STREET.

 

5.       MASSACHUSETTS ELECTRIC COMPANY and NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY for three pole locations on: ROUTE 20 (aka Southwest Cutoff) at Granite St.

 

6.       MASSACHUSETTS ELECTRIC COMPANY and NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY for a pole relocation on: ROUTE 20 (aka Southwest Cutoff) at Granite St.

 

          4a-6a  Orders Adopted

 

4a.     Granting permission to MASSACHUSETTS ELECTRIC COMPANY for a cable and conduit system on: MILLBROOK STREET.

 

5a.     Granting permission to MASSACHUSETTS ELECTRIC COMPANY and NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY for three pole locations on: ROUTE 20 (aka Southwest Cutoff) at Granite St.

 

6a.     Granting permission to MASSACHUSETTS ELECTRIC COMPANY and NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY for a pole relocation on: ROUTE 20 (aka Southwest Cutoff) at Granite St.

 

7.       ITEMS OF CITIZEN INTEREST

 

7a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

          PETITIONS

 

          8 REFERRED TO PLANNING BD.

 

8.       Richard N. Casey, Jr. request removal of a portion of Willvail St. from the Official Map of the City of Worcester.  Said portion being no more than 194' in length starting at Bauer St. easterly and then southerly.  This removal will disallow a throughway from Stafford St. to Main St. using residential streets without sidewalks.

         

          9-11 REFERRED TO PUBLIC WORKS COMMITTEE

 

9.       John F. Carrigan request Birmingham Rd. be resurfaced from Burncoat St. to Michigan Rd.  Also berms need replacing.

 

10.     Mildred Beauregard request to repair sidewalk in front of stairs at 108 Morningside Rd.

 

11.     Jonathan Finkelstein on behalf of Notre Dame Health Care Center, Inc. request City to abandon a portion of a sewer easement as shown on the attached plan for property at 555 Plantation St.

 

11a.   Councillor Michael C. Perotto on behalf of Holly Setaro request sidewalk repair in front of 44 Chilmark St.  Referred to Public Works Committee - Suspension of Rules

 

11b.   Councillor Timothy J. Cooney, Jr. request resurfacing of the public portion of Westchester St.  Referred to Public Works Committee - Suspension of Rules

 

11c.   Councillor Timothy J. Cooney, Jr. request rescarifying of Viele Ave.  Referred to Public Works Committee - Suspension of Rules

 

          12-16 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

12.     Councillor Stephen T. Patton on behalf of Lisa Lee request "Blind Child" sign on Pershing St. in vicinity of Pershing St. and Quinapoxet Lane.

 

13.     Councillor Michael C. Perotto on behalf of Carol Fafard request removal of handicapped parking sign in front of 12 Wall St.

 

14.     Councillor Konstantina B. Lukes on behalf of Nancy Riik request traffic study of Moreland St. near the intersection of West Pine Lane and Moreland and the installation of speed monitor device, traffic signal, traffic signs and other appropriate traffic controls to deal with issues of traffic volume and speed.

 

15.     Councillor Konstantina B. Lukes on behalf of Constance Chatis request traffic study of First St. regarding traffic speed and appropriate traffic calming and signs to address speed and traffic problems.

 

16.     Councillor Janice L. Nadeau on behalf of Green Island CDC and Roxy's Fiestas, 1-3 Lafayette St. request removal of loading zone signs at 1 & 3 Lafayette St. and replace with 30 minute parking signs.

 

16a.   Councillor Michael C. Perotto on behalf of Arthur Tirella, Christopher House of Worcester request private directional signs in the Belmont St. area for the purpose of locating Christopher House.  Referred to Traffic and Parking Committee - Suspension of Rules

 

          17-19 REFERRED TO THE TRAFFIC ENGINEER

 

17.     Councillor John F. Finnegan request installation of Stop signs on Commodore Rd. at Longfellow Rd. facing both directions.

 

18.     Michael Troiano request installation of Stop signs on Hampton St. at the intersection of Brightwood Ave.

 

19.     Mr. & Mrs. James Turner et al request 4-way Stop sign be placed at the corner of Spofford Rd. and Broughton St.

 

20.     COMMUNICATIONS OF THE CITY MANAGER

 

APPOINTMENTS

 

 1.      NON-CITY COUNCIL CONFIRMATION:

 

 2.      CITY COUNCIL CONFIRMATION:

 

TRANSMITTALS

 

 3.      AIRPORT:

 

 4.      ASSESSORS:

 

 5.      BUDGET OFFICE:

 

A.      Recommend the adoption of the fiscal 2000 operating budget in the amount of three hundred forty two million four hundred sixty three thousand eight hundred thirty two dollars and 28/100 ($342,463,832.28) be appropriated in the accounts listed hereunder.

 

Also requesting council approval to proceed with the implementation of the City of Worcester's fiscal 2000 capital budget in the amount of thirty seven million nine hundred forty thousand dollars ($37,940,000.00) which is contained within the budget document.

 

Referred to Finance

 

          B.      Request adoption of the attached salary ordinance amendments the will implement my recommendation in the FY2000 Budget.

 

Referred to Finance

 

          C.      Communication relative to Proposed Reorganization of the Information Services Department.

 

Referred to Municipal Operations Committee

 

          D.      SUPPLEMENTAL - Communication relative to Salary Ordinance amendment for the first salary ordinance in item #5B.

 

Referred to Finance

 

 6.      CIVIC CENTER:

 

 7.      COMMUNICATIONS:

 

 8.      DEVELOPMENT:

         

A.      Communication relative to the Worcester Ice Cats indicating their signing of a lease with SMG for five more years at the Worcester Centrum Centre.

 

Placed on file

 

          B.      Communication relative to Massport/Worcester Airport Negotiations.

 

Referred to Public Service & Transportation Committee

 

 9.      ELDER AFFAIRS:

 

10.     ELECTION COMMISSION:

 

          A.      Communication relative to Board of Election Commissioners selects Chair and Secretary.

 

Placed on file

 

11.     EMERGENCY MANAGEMENT SERVICES:

 

12.     EMPLOYMENT & TRAINING:

 

13.     FIRE:

 

          A.      Communication relative to Overtime - June, July, August and Year 2000 Overtime Projections.

 

Referred to Public Safety Committee

 

14.     HUMAN RESOURCES:

 

          A.      Communication relative to Management and Mid-Management Employees' Residency.

 

Referred to Finance

 

          B.      Communication relative to City of Worcester and International Brotherhood of Police Officers, Local 378.

 

Placed on file

 

15.     INFORMATION SERVICES:

 

16.     LAW:

 

17.     LICENSE COMMISSION:

 

18.     PARKS, RECREATION & CEMETERY:

 

19.     PLANNING & COMMUNITY DEVELOPMENT:

 

          A.      Request approval of a Resolution authorizing the filing of a Self-Help Program Grant with the Division of Conservation Services.

 

Resolution adopted

 

          B.      Communication relative to Green Island Neighborhood Revitalization Workshop.

 

Placed on file

 

          C.      Communication relative to City Owned Property.

 

Referred to Land Use Committee

 

          D.      Communication relative to Community Preservation Act Legislation - Senate 1715 (House 3173).

 

Referred to Land Use Committee

 

          E.      Communication relative to Shaw's Supermarket Lincoln Street.

 

Referred to Commerce & Development Committee

 

20.     POLICE:

 

          A.      Communication relative to Violation/Winter Parking Ban.

 

Referred to Traffic & Parking Committee

 

          B.      Communication relative to Palladium Incident.

 

Recommitted to the City Manager

 

          C.      Communication relative to Increase Traffic Enforcement at 425 Pleasant Street.

 

Placed on file

 

          D.      Communication relative to Towing Contracts.

 

Referred to Public Service & Transportation Committee

 

          E.      Communication relative to Increasing Police Presence in City Parks.

 

Referred to Public Safety Committee

 

21.     PUBLIC HEALTH & CODE ENFORCEMENT:

 

          A.      Communication relative to Indigenous Leader Outreach Intervention Model.

 

Referred to Health Committee

 

          B.      Communication relative to Providing Services - Union Hill and Belmont Street Alert Centers.

 

Placed on file

 

22.     PUBLIC LIBRARY:

 

23.     PUBLIC SCHOOLS:

 

          A.      Communication relative to Community Learning Centers for Worcester's Children of Promise Grant.

 

Referred to Education Committee

 

24.     PUBLIC WORKS:

 

          A.      Communication relative to FY1999 Sidewalk Rehabilitation Program.

 

Placed on file

 

25.     PURCHASING:

 

          A.      Communication relative to Energy Savings.

 

Placed on file

 

26.     TREASURY:

 

27.     VETERANS' SERVICES:

 

28.     FINANCE:

 

A.      Recommend that Ninety Six Thousand Seven Hundred Seventy Two Dollars Twenty Four Cents ($96,772.24) be transferred from Account #91C711, Building Rehabilitation, and appropriated to Account #26C704, Fire Department Building Rehabilitation.

 

Order adopted on a roll call

 

B.      Recommend that One Hundred Sixty Five Thousand Dollars ($165,000.00) be transferred from Account #91C704, Central Street Bridge, and appropriated to Account #14C712, Central Street Bridge.

 

Order adopted on a roll call

 

29.     ORDINANCES/ORDERS:

 

30.     MISCELLANEOUS:

 

          A.      Communication relative to Crime Watch Program.

 

Corrected to Grime Watch Program - Referred to Public Works Committee

 

          B.      SUPPLEMENTAL - Communication relative to improved security in Worcester Housing Authority high-rise units.

 

         Referred to Elder Affairs Committee

                                                           

ORDERS

 

20a.   Request Administration provide City Council with monthly overtime costs in the Fire Department.  Motion-Petty @ #13A CM - Adopted

 

20b.   Request Administration, as a contingency plan, to look at how quickly they could ask a fire class to come forward and how quickly they could mobilize a training division, could it be done in the Fall or Spring of 2000.  Motion-Murray @ #13A CM - Adopted

 

20c.   Request Administration to provide a report for the minimum safe level, the national standard level and the  optimal level for the Fire Department and why the Administration determined that number to be the optimal staffing level.  Motion-Patton @ #13A CM - Adopted

 

20d.   Request City Manager provide City Council with an attrition table for the Fire Department as to City Manager’s best estimate as to retirements, IOD’s and other type attritions.  Request report start as of the new fiscal year and project out quarterly.  Motion-Finnegan @ #13A CM - Adopted

 

20e.   Request City Manager to consider having a contingency fund for the Fire  Department.  Motion-Luster @ #13A CM - Adopted

 

20f.    That at the next contract negotiations both the Fire Department and the union and the Administration look at changing the language concerning vacation during the summertime.  Motion-Lukes @ #13A CM - Adopted

 

20g.   Request Administration provide City Council with an IOD report for each month for the Fire Department.  Motion-Petty @ #13A CM - Adopted

 

20h.   Request City Manager and Fire Chief to respond to the issue of safety for firefighters for the May 11, 1999 City Council meeting.  Motion-Mariano @ #13A CM - Adopted

 

20I.    Request City Manager report if there are any members of the classification of employees in Item 14A of the City Manager’s Calendar of May 4, 1999 that by Ordinance are required to have a residence within the City that do not meet that requirement.  Motion-Patton @ #14A CM - Adopted

 

20j.    Request City Manager provide City Council with a box score on collective bargaining cases won and lost.  Motion-Cooney @ #14B CM - Adopted

 

20k.   Request Administration report on what the rate of truancy enforcement was prior to the agreement, what it was during the period of the agreement and what it is currently.  Motion-Luster @ #14B CM - Adopted

 

20L.   Request Administration to update City Council on the Logan Field Extension parcel of land and also Crow Hill.  Motion-Perotto @ #19A CM - Adopted

 

20m.  Request Administration to provide City Council with a recommendation on the Community Preservation Action Legislation.  Motion-Patton @ #19D CM - Adopted

 

20n.   Request Administration report what lights specifically are tow trucks allowed and specifically if flashing head lights are allowable and if at present are tow trucks reviewed.  Motion-Murray @ #20D CM - Adopted

 

20o.   Request City Manager to consider including in towing contract language for payment by personal check and credit card and a provision requiring that signage be posted in towing establishments what the policy is for payment.  Motion-Lukes @ #20D CM - Adopted

 

20p.   Request Administration provide City Council with a clarification as to whether there was a model of Indigenous Leader Outreach Intervention used that contained a Needle Exchange Program or if there wasn’t.  Motion-Perotto @ #21A CM - Adopted

 

20q.   Request Administration report what efforts can be undertaken by the Health Department and the Office of Planning and Community Development to seek out grant monies that might be available both on a local and national level for the Indigenous Leader Outreach Intervention Model.  Motion-Murray @ #21A CM - Adopted

 

20r.    Request Administration report what the cost is for the detox program that is part of the Indigenous Leader Outreach Intervention Model and whether there are any third party payments available.  Further, request a report on where information was obtained that there is no longer an addiction after a person goes through detox.  Motion-Lukes @ #21A CM - Adopted

 

20s.   Request Administration report whether or not sidewalks will be provided on Norrback Ave. in conjunction with construction of the school.  Patton - Suspension of Rules - Adopted

 

20t.    Request City Manager to update City Council from May 4, 1999 on relative to the merger of WTI and Quinsigamond Community College.  Cooney - Suspension of Rules - Adopted - On a roll call vote of 9 Yeas and 0 Nays Councillor Luster was recused

 

20u.   Request City Manager report on the impact of City’s adoption of M.G.L. Chapter 32, Section 90A, C, D and E and whether there is any liability   if the City does not fund said salaries at 50% level of current positions.  Murray - Suspension of Rules - Adopted

 

20v.   Request City Auditor provide City Council with a report of what it would cost to fully fund M.G.L. Chapter 32, Section 90A, C, D and E.  Murray - Suspension of Rules - Adopted

 

20w.  Request City Administration report on Department of Education regulations regarding all school nurses to be graduate degree certified and the impact that will have on recruitment and retention of qualified personnel.  Murray - Suspension of Rules - Adopted

 

20x.   Request City Manager to provide a report with map of all properties that were removed from the USURP plan amendment voted by the WRA on March 10, 1999.  Murray - Suspension of Rules - Adopted

 

COMMUNICATIONS

 

21.     David M. Moore, City Solicitor transmitting: 1) An amendment to the salary ordinance adjusting the salary of the City Manager on July 1, 1998, January 1, 1999 and January 1, 2000.  2) An amendment to the employment contract of Thomas R. Hoover.  3) An Order of the Council authorizing the Mayor to sign an amendment to the employment contract of Thomas R. Hoover.

 

Two Orders adopted and voted to advertise proposed Ordinance

 

22.     James DelSignore, City Auditor transmitting communication relative to proposed pay raise for the City Manager.

 

Placed on file

 

23.     Helen A. Friel, Asst. to the Superintendent/Clerk of the School Committee transmitting communication relative to City View School.

 

Placed on file

 

24.     Helen A. Friel, Asst. to the Superintendent/Clerk of the School Committee transmitting communication relative to parking lot at Adams St. School.

 

Placed on file

 

25.     RECESS TO FINANCE AND ORDINANCE:

 

FINANCE

 

a)       #39CC  May 12, 1998

          Order - Request Administration report on the policy of the Worcester Convention Center/Centrum Centre in seeking out, catering and servicing small group events and what impact this type of competition has had amongst the local restaurants and hotels.  (Lukes)

 

b)      #6CC  October 20, 1998

          Communication of James DelSignore, City Auditor transmitting communication relative to tax levy impact regarding funding of a staff person to the Mayor's Office from the School Department budget if the salary for the position does not qualify under the school reform financing formula and explaining the significance of the School Department's October report to the Department of Education with respect to current year's Net School Spending requirements.

 

c)       #4CC  December 15, 1998

          Communication of the City Manager transmitting communication relative to the current five-year fiscal projection for the fiscal years 1999 through 2003.

 

d)      #5CC  December 15, 1998

          Order - Request City Manager to construct the Fiscal Year 2000 budget that only anticipates new growth and does not  include an increase of 2 1/2% allowed under Proposition 2 1/2.  (Petty, Patton, Mariano, Finnegan, Murray, Cooney, Lukes, Perotto)

         

e)       #6CC  December 15, 1998

          Order - Request City Manager to consider proposing a hiring freeze of City employees except for public safety employees. (Petty)

 

f)       #4B CM  December 15, 1998

          Communication of the City Manager transmitting communication relative to calculations, 10 Year Period to a Single Tax Rate.

 

g)       #5A CM  December 15, 1998

          Communication of the City Manager transmitting communication relative to Fiscal 2000 Projections.

 

h)       #5B CM  December 15, 1998

          Communication of the City Manager transmitting reports from Janice Borg Silverman, Director, Human Resources and John Pranckevicius, Budget Director.

 

i)        #33h CC  December 15, 1998

          Motion - That the City Council develop a schedule of Finance meetings at least once a month, starting in January. (Lukes)

 

j)        #5A CM  February 9, 1999

          Communication of the City Manager transmitting communication relative to Motions made by Councillors from the December 15, 1998 Council Finance Committee meeting.

 

k)       #5B CM  February 9, 1999

          Communication of the City Manager transmitting communication relative to the Fiscal 2000 Budget.

 

l)        #5A CM  February 23, 1999

          Communication of the City Manager transmitting communication relative to Municipal Research Bureau Presentation.

 

m)      4C CM  March 16, 1999

          Communication of the City Manager transmitting communication relative to Proposition 2 1/2 ceiling.

 

n)       #59CC  April 6, 1999

          Communication of the City Manager transmitting communication relative to the FY 2000 budget.

 

TABLED UNDER PRIVILEGE

 

26.     Chairman's Order from Municipal Operations Committee - That the City Council go on record in support of increasing the salary of the City Manager by 4 1/2% by granting a 3% increase for the period from July 1, 1998 through December 31, 1998, and by granting a 3% increase for the period from January 1, 1999 through December 31, 1999.  Further, that the employment contract of the City Manager be extended by one year from December 31, 1999 to December 31, 2000 and increasing the City Manager's salary as of January 1, 2000 with a Cost of Living Allowance equal to the percentage change in the Consumer Price Index for calendar year 1999 or 3%, whichever is less.

 

Placed on file

 

27.     Order - That the City Council go on record in support in increasing the salary of the City Manager by 4 1/2% by granting a 3% increase for the period from July 1, 1998 through December 31, 1998, and by granting a 3% increase for the period from January 1, 1999 through December 31, 1999.  Further, that the employment contract of the City Manager be extended by one year from December 31, 1999 to December 31, 2000 and increasing the City Manager's salary as of January 1, 2000 with a Cost of Living Allowance equal to the percentage change in the Consumer Price Index for calendar year 1999 or 3%, whichever is less.   (Murray, Perotto, Petty, Nadeau, Finnegan, Lukes, Luster)

 

Placed on file

 

TABLED ITEMS -  No Action Taken

 

28.     Communication of the City Manager recommending that Twelve Thousand Six Hundred Eighty Eight Dollars and Fifty Cents ($12,688.50) be transferred from Account 331-46, Belmont Home Retained Earnings and appropriated to Account 045S505, Belmont Home Advertising, to provide funds for the purpose of payment for advertising costs for proposed sale of the Belmont Home.  

 

29.     Communication of the City Manager transmitting communication relative to an RFP for the sale of the Belmont Home.

 

30.     Chairman's Order from Youth, Parks & Recreation Committee - Request Administration to consider using the current site of the Vocational School, on the side of the Boys Club, as park land after discontinuance of use as a Vocational School.

 

31.     Chairman's Order from Youth, Parks & Recreation Committee - Request Administration to consider eliminating the softball field on the Belmont St. side of the Vocational School site plan.

 

32.     Chairman's Order from Youth, Parks & Recreation Committee - Request Administration to reconsider keeping educationally sound, the size of the parking area for the new Vocational School.

 

33.     REPORT OF THE PLANNING BOARD Upon the Petition of Jonathan Finkelstein, Esquire on behalf of Smallwood Village Associates, Inc. requesting City of Worcester  make Travis St. public.

 

34.     Order - Request City Council go on record in support of a Charter Commission regarding the issue of Charter reform. (Lukes, Nadeau, Cooney)

 

35.     Order - Request City Council to accept the following policy recommendation relative to selecting sidewalks for improvement: The Public Works Committee selects sidewalks based on the following:  1) Sidewalk funds are allocated 60% for categories 1, 2 and 3 and 40% for category 4.  2) Selection of sidewalks will recognize and be guided by the following factors:  Age of petition, community request and support and allocation of funds citywide.  (Cooney)

 

36.     REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Committee on Public Works upon the Communication of the City Manager transmitting communication relative to FY/99 Sidewalk Rehabilitation Program: recommend adoption of the accompanying Order.