CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – MARCH 25, 2003

7:00 P.M.

Convened:  7:04 P.M.

Adjourned:  7:55 P.M.

 

 

1.       INVOCATION – Rabbi Herschel Fogelman

Congregation Tifereth Israel

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present

 

ORDINANCE COMMITTEE HEARING

 

(Recessed under personal privilege at the request of Councillor Perotto)

 

4 – Hearing reconvened – Ordinance Committee voted to accept the recommendation of the Planning Board and recommend approval

 

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.  (Recessed from March 18, 2003)  (Attachments)

 

5.       ITEMS OF CITIZEN INTEREST

 

5a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          6-10 REFERRED TO PUBLIC WORKS COMMITTEE

 

6.       Leo Bullard request abatement of Sewer Assessment #30880 in the amount of $2,052.00 on Norton St.  (Attachments)

 

7.       Richard & Constance Bombard request abatement of Sewer Assessment #30867 in the amount of $1,485.80 on Utah St. (Attachments)

 

8.       Richard & Constance Bombard request abatement of Sewer Assessment #30862 in the amount of $4,957.48 on Duluth St. (Attachments)

 

9.       Richard & Constance Bombard request abatement of Sewer Assessment #30866 in the amount of $1,140.00 on Utah St. (Attachments)

 

10.     Richard & Constance Bombard request abatement of Sewer Assessment #30875 in the amount of $2,280.00 on Duluth St. (Attachments)

 

10a.   Councillor Barbara Haller request repaving of Lewis St.  Referred to Public Works Committee – Suspension of Rules   (Attachments)

 

          11 & 12 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

11.     Leo Rossi request No Parking from 365 Lake Ave. to corner of Randolph St.   (Attachments)

 

12.     Councillor Stephen Abraham & Councillor Barbara Haller request an additional No Parking zone be added to the existing corner clearance on both sides of Fairfield St. at the intersection of May St. in the interest of public safety.  (Attachments)

 

13 - Councillor Haller recused on a roll call 9-0 (Patton absent) Hearing set for April 1, 2003 – 7:00 P.M. 

 

13.     MASSACHUSETTS ELECTRIC COMPANY for cable and conduit system on:  CHANDLER ST.   (Attachments)

 

          14 – Ruled out of order by the Mayor

 

14.     Ronal C. Madnick, Executive Director, Worcester County Chapter, ACLU of Massachusetts request City Council request the Massachusetts Congressional Delegation work for the repeal of sections of the USA Patriot Act that threaten the civil liberties and civil rights protection that are the hallmarks of our constitutional system.    (Attachments)

 

CHAIRMAN’S ORDERS

 

          15 FROM ELDER AFFAIRS - Adopted

 

15.     Request Administration to provide City Council with an update concerning strategy, planning and construction at the Senior Center’s 1926 building, including a reference to any emergency maintenance. (Attachments)

 

          16-21 FROM ETHNIC & MINORITY AFFAIRS - Adopted

 

16.     Request Administration report on what incentive programs are being offered by the City regarding home ownership by City employees. (Attachments)

 

17.     Request Administration update City Council on communications with area colleges relative to Assessment Centers.  (Attachments)

 

18.     Request Administration to provide City Council with the last relevant information received from the Secretary of State’s Office relative to Census 2000 neighborhood data.  (Attachments)

 

19.     Request School Department to consider posting their ADA transition plan or summary thereof on the City’s web site.  (Attachments)

 

20.     Request Administration report on the status of the City’s ADA compliance and if compliance is in jeopardy due to the City’s financial limitations.  (Attachments)

 

21.     Request Administration to provide an update on the status of the Marshall “Major” Taylor statue.  (Attachments)

 

          22-28 FROM MUNICIPAL OPERATIONS - Adopted

 

22.     Request City Treasurer report to City Council how cash receipts are processed by all departments.  (Attachments)

 

23.     Request City Manager to provide City Council with a report on his recommended future short and long term use of Worcester Memorial Auditorium and the G.A.R. Hall.  (Attachments)

 

24.     Request City Manager to consider recommending to City Council the same attendance rules for all Boards and Commissions that have been recommended in the re-organization plan establishing the Commission on People with Disabilities.   (Attachments)

 

25.     Request City Manager to consider making the Commissioner of Public Health an ex-officio member of the Board of Health and also consider qualifying the Commissioner as a voting member of said board in those instances when a tie vote of the remaining four members occurs, or to add another fifth member to the Board.  Also, to consider requiring that a certain number of appointments to the Health Board be of people whose professional qualification might add to the expertise being offered in service to the City.  (Attachments)

 

26.     Request Administration to consider offering additional training for citizens appointed to Boards and Commissions.  (Attachments)

 

27.     Request City Manager to provide City Council with a flow chart detailing how the payroll system works and whether it works the same for all employees or departments.  (Attachments)

 

28.     Request City Auditor to provide City Council with an update on future automation efficiencies, debt amortization and related costs. (Attachments)

 

          29-33 FROM PUBLIC SAFETY - Adopted

 

29.     Request Administration report to City Council any improvements that have been made to the South Division, Brown Square and Grove St. Fire Headquarters facilities since 1995.  (Attachments)

 

30.     Request Administration to provide City Council with a listing of any and all properties owned by any entity of the City of Worcester in the vicinity of Franklin St. between Grafton St. and Brown Sq. (Attachments)

 

31.     Request Administration to immediately repair the stairway at the Grove St. Fire Headquarters in the interest of the personal safety of fire personnel.  (Attachments)

 

32.     Request Administration report to City Council their projected increase in the number of runs from South Division, Brown Sq. and Grove St. Fire Headquarters in the event the Central St. facility is closed. (Attachments)

 

33.     Request Administration report to City Council results of any engineering study and associated cost estimates of work to be performed at the South Division, Brown Sq. and Grove St. Fire Headquarters facilities so as to accommodate additional fire personnel and equipment, on both a short-term and long-term basis. (Attachments)

 

ORDERS

 

34.     Request Election Commission to conduct voter registration sessions in the major housing complexes, large supermarkets and at Post Offices throughout the City during those times of the year when election-related activities at City Hall are slow.  (Palmieri)  (Attachments)

 

          Adopted

 

35.     Request Administration provide City Council with a chart comparing parking rates in the downtown for metered parking, public and private garage parking and at the Worcester Common Outlets Mall. (Palmieri) (Attachments)

 

          Adopted

 

36.     Request Administration to engage the owner/operators of the garages at the Worcester Common Outlets Mall to encourage them to lower parking rates for shoppers.   (Palmieri)   (Attachments)

 

          Adopted

 

37.     Request Administration to provide City Council with an update on the Exeter and Gates St. bridge repairs, to include anticipated completion dates.   (Haller)   (Attachments)

 

          Adopted

 

38.     Request City Manager consider filing a home rule petition for the establishment of an early retirement plan.  (Clancy, Perotto) (Attachments)

 

          Adopted

 

39.     Request Administration report on revenues, transfers, expenditures and reserves, specifying monies spent on salaries, repairs and capital improvements of the Off-Street Parking Board and to request that the Board meet with the City Council Standing Committee on Traffic and Parking.  (Lukes, Clancy)   (Attachments)

 

          Adopted – Also referred to Traffic & Parking Committee

 

40.     Request Administration contact the owners of the Vendome property about the feasibility of locating a Police Department work station at the corner of Chandler St. and Murray Ave.  (Murray)  (Attachments)

 

          Adopted

 

41.     Request Administration to suggest ways to reduce noise pollution from more-than-loud car radios and excessively loud motorcycles.  (Haller)  (Attachments)

 

          Councillor Palmieri moved to amend: Further, request Administration set a decibel rate that would be legal in order for the Police Department to regulate noise levels in a way that would help the neighborhoods

 

          Mayor Murray moved to amend:  Further, request Administration provide current noise regulations that are in place

 

          Adopted, as amended

 

42.     Request Administration report on the experience of other Massachusetts cities in privatizing their public garages.  (Lukes) (Attachments)

 

          Adopted

 

43.     Request Administration report on the feasibility of privatizing one or more of the City’s public garages.  (Lukes)  (Attachments)

 

          Adopted

 

44.     Request Administration to contact Congressman James McGovern with regards to HR 138, a rural telecommunications bill that will provide funding to cities and towns for the improvement of local infrastructure.  (Petty)  (Attachments)

 

          Adopted

 

45.     Request Administration report to City Council concerning businesses that are owned in whole or in part by residents of the city.  (Petty) (Attachments)

 

          Adopted

45a.   That the first sentence of Rule 33 of the Rules of the City Council be amended to read:  No petition, remonstrance, resolution or other

communication which deals with personalities or with matters not within the general supervision and/or relating to city government shall

be considered by the City Council.  Motion-Murray @ #14CC

 

Councillor Patton moved to refer to the Rules & Regulations Committee – Denied on a roll call 1 Yea (Patton) – 10 Nays

 

Rule change proposed on a roll call vote 10 Yeas – 1 Nay (Patton) (Attachments)

 

45b.   Request City Manager to consider keeping in tact the five Police Officers that are part of the Community Service Division.  Motion-Perotto @ #46CC – Adopted  (Attachments)

 

45c.   Request City Manager to provide a report detailing the cutbacks in each area of the Police Department.  Motion-Clancy @ #46CC – Adopted  (Attachments)

 

45d.   Request City Manager to present City Council with the pending list of petitions for private street maintenance and to attach to that list the current cost for said private street maintenance and to report what was achieved last November.  Clancy – Suspension of Rules – Adopted (Attachments)

 

45e.   Request City Manager to provide a report on the summary of changes on the Flood Plain Insurance Map from 1980 to the present, in particular, any change that took place in 1995 that would effect the decision of January 16, 2003 of the Planning Board.  Perotto – Suspension of Rules – Adopted  (Attachments)

 

45f.    Request City Manager to consider providing community policing in the Wall St. area for the purpose of public safety.  Perotto, Palmieri – Suspension of Rules – Adopted  (Attachments)

 

45g.   Request City Manager to pick up leaves in the Grafton St. area to include Dell Ave., Fairmont Ave., Pilgrim Ave., Ingleside Ave., Almont Ave. and Dartmouth St.  Perotto, Palmieri – Suspension of Rules – Adopted   (Attachments)

 

45h.   Request City Manager to look into the condition of the private portion of Drexel St.  Abraham – Suspension of Rules – Adopted (Attachments)

 

45i.    Request City Manager to provide leaf pick up on Bay Ridge Rd.  Murray – Suspension of Rules – Adopted  (Attachments)

 

45j.    Request Administration to report on the top ten problem private streets.  Murray – Suspension of Rules – Adopted (Attachments)

 

COMMUNICATION

 

46.     Thomas R. Hoover, City Manager transmitting communication relative to the Community Services Unit.  (Attachments)

 

          Referred to Public Safety Committee

 

RESOLUTION

 

47.     That the City Council of the City of Worcester hereby joins with cities across the United States in opposing the U.S. war on Iraq.  We call on all governments, in particular, the U.S. government to turn away from the military approach to resolving conflicts and instead seek together to eliminate the root causes of conflict and find their solutions by peaceful means for the common good of all.  (Patton) (Attachments)

 

          Given leave to withdraw

 

48.     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)

 

REPORTS

         

          49-62 ACCEPTED

 

49.     REPORT OF THE COMMITTEE ON ELDER AFFAIRS Upon the Communication of the City Manager transmitting communication relative to collaboration with Quinsigamond Community College: recommend Communication be placed on file.   (Attachments)

 

          REPORT OF THE COMMITTEE ON ETHNIC & MINORITY AFFAIRS Upon the following Petitions:  recommend Petitions be placed on file.

 

50.     Jennifer O’Kere et al requesting a monument or statue be erected and unveiled in the downtown Worcester Common in honor of Marshall “Major” Taylor by February 1999.  (Attachments)

 

51.     Michael Galvin requesting to address the Council in regard to false or misleading statements made by the WRA at the February 29 Council meeting relative to Union Station platform accessibility.

          (Attachments)

 

52.     John Cronin et al request Ethnic & Minority Affairs Committee consider recommending to the City Manager an appropriation of $250,000.00 annually from “free cash” reserves to fund projects outlined in the ADA Transition Plan.  (Attachments)

 

53.     Mary LaBree et al requesting City Council to vote to establish a Disability Commission in the City of Worcester as outlined in Chapter 40, Section 8J of the Massachusetts General Laws.  (Attachments)

 

          REPORT OF THE COMMITTEE ON ETHNIC & MINORITY AFFAIRS Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

54.     Relative to Outreach to Afro-American Elders.  (Attachments)

 

55.     Relative to request for ADA Transition Report.  (Attachments)

 

56.     Relative to bilingual poll workers in voting locations of Spanish speaking voters.  (Attachments)

 

57.     Relative to City’s residence incentives.  (Attachments)

 

58.     Relative to City’s policy regarding outside employment for department heads.  (Attachments)

 

59.     Relative to Assessment Centers.  (Attachments)

 

60.     Relative to Christino Hernandez former Human Rights Report. (Attachments)

 

61.     Relative to formation of the City Manager’s Community Bias Task Force.  (Attachments)

 

62.     Relative to Census 2000 neighborhood data released to date. (Attachments)

 

          63 REFERRED TO ORDINANCE COMMITTEE FOR A HEARING

 

63.     REPORT OF THE PLANNING BOARD Upon the Petition of Walter Dauderis requesting a portion of Woodcliffe Ave. from it’s current terminus to 20 Woodcliffe Ave. be restored to the Official Map. (Attachments)

 

          63a ACCEPTED & ORDER ADOPTED – SUSPENSION OF RULES

 

63a.   REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Joseph Panarelli & Deluxe Homes requesting to extend water main on Epworth St. Extension approximately 55’ to tie into Lots 1 and 2 on Assessors Map 26, Block 29.  To be done at petitioner’s expense and in accordance with a prior agreement:  recommend adoption of the accompanying Order.  (Attachments)

 

TO BE ORDAINED

 

          64-72 ORDAINED ON A ROLL CALL 11-0

 

64.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind parking meters on Harvard St. from Walnut St. to Bowdoin St.  (Attachments)

 

          Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for resident permit parking on Harvard St. from Walnut St. to Bowdoin St.  (Attachments)

 

          Amending Section 43 of Chapter 13 of the Revised Ordinances of 1996 to revise the winter parking ban on Harvard St. from Walnut St. to Bowdoin St.   (Attachments)

 

65.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind parking meters on Chestnut St. from Elm St. to Bowdoin St.  (Attachments)

 

          Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for resident permit parking on Chestnut St. from Elm St. to Bowdoin St.  (Attachments)

 

          Amending Section 43 of Chapter 13 of the Revised Ordinances of 1996 to revise the winter parking ban on Chestnut St. between Elm St. and Bowdoin St.  (Attachments)

 

66.     Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 to provide for Stop sign on Moreland Green Dr. at Glenbrook Lane, Ledgewood Lane to face east and westbound traffic.(Attachments)

 

          Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 to rescind Stop sign on Ledgewood Lane and Moreland Green Dr. facing southbound traffic on Ledgewood Lane.  (Attachments)

 

67.     Amending Section 40 of Chapter 13 of the Revised Ordinances of 1996 to provide for resident permit parking on Channing St. from Kendall St. to Catharine St.  (Attachments)

 

68.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for handicap parking on Harvard St. near Walnut St. (Attachments)

 

69.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for handicap parking opposite 8 Everard St. (Attachments)

 

70.     Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 to provide for Stop sign on Delawanda Dr. at the intersection of Monticello Dr. to face northbound traffic on Delawanda Dr. (Attachments)

 

71.     Amending Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for one hour parking in front of 91 Salisbury St. (Attachments)

 

72.     Amending Section 29 of Chapter 13 of the Revised Ordinances of 1996 to rescind Stop sign on Moreland Green Dr. at the intersection of Greenside Lane and Greenview Lane facing east and westbound traffic on Moreland Green Dr.  (Attachments)

 

TABLED ITEMSNo Action Taken

 

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

 

74.     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 25, 2003          PUBLIC WORKS              COUNCIL CHAMBER

      6:30 P.M.

 

 

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