CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – OCTOBER 19, 2004

7:00 P.M.

Convened:  7:07 P.M.

Adjourned:  8:28 P.M.

 

 

1.       INVOCATION – Rev. Richard F. Reidy

                                     St. Paul’s Cathedral

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL –     All present except Councillors Lukes and Perotto

Councillor Lukes arrived at 7:10 P.M.

 

Mayor Murray read a Proclamation proclaiming Saturday, October 23, 2004 as Make A Difference Day in the City of Worcester

 

Councillor Haller spoke relative to a Proclamation whereby the Mayor proclaimed the week of October 17-23, 2004 as YWCA Week Without Violence in the City of Worcester – Ginger Navickas from YWCA Daybreak also spoke

 

4.       ITEMS OF CITIZEN INTEREST

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          5 & 6 REFERRED TO PUBLIC WORKS COMMITTEE

 

5.       Edwin Metcalf request City to erect a barrier and replace berm in front of 55 West Chester St.   (Attachments)

 

6.       Alexander Bisson et al request sidewalk repair at 54 Freeland St.

          (Attachments)

 

          7-9 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

7.       Sam Georgiadis, Owner, Uncle Sam’s Pizza request 30 minute parking on left side of Beaver St. 20’ from Main St. (Attachments)

 

8.       Councillor Barbara Haller request crosswalk be repainted at the intersection of Harding St. and Lafayette St.   (Attachments)

 

9.       Councillor Barbara Haller on behalf of James Freeman request handicap parking in front of 11 South Buffum St.  (Attachments)

 

CHAIRMAN’S ORDERS

 

          10-13 FROM HEALTH - ADOPTED

 

10.     Request City Solicitor to provide the License Commission with a report regarding smoke-free workplaces and policies regarding private clubs that still allow smoking.   (Attachments)

 

11.     Request Administration to provide City Council with a report regarding smoke-free laws and how it affects the workplace. (Attachments)

 

12.     Request City Manager to distribute Common Pathways informational packets to the City Council and that the Common Pathways coalition be requested to provide updated status reports to City Council. (Attachments)

 

13.     Request Administration to provide City Council with a report outlining the City’s obligation regarding administering CPR and training for use of automated external defibrillators.  (Attachments)

 

          14 & 15 FROM MUNICIPAL OPERATIONS - ADOPTED

 

14.     Request City Manager report to City Council any proposed new means of communications to encourage applications to Boards and Commissions through the City Advisory Committee and/or the Affirmative Action Advisory Committee.   (Attachments)

 

15.     Request City Manager provide City Council with an up-to-date Chain of Command document of his Administrators.  (Attachments)

 

          16-27 FROM PUBLIC SAFETY - ADOPTED

 

16.     Request Acting Police Chief to provide City Council with a report detailing noise complaint calls regarding Bravo Café from August 2004 through September 2004.  (Attachments)

 

17.     Request Acting Police Chief and Administration to recommit to enforcing the noise ordinance and ticketing cars inappropriately parking and blocking ways in the vicinity of the Bravo Café. (Attachments)

 

18.     Request Administration to provide City Council with a report as to whether there are violations of the entertainment license granted to the Bravo Café.  (Attachments)

 

19.     Request Administration to purchase a yearly subscription to Criminology & Public Safety Magazine for $125.00.  (Attachments)

 

20.     Request Administration to provide City Council with a quarterly update report regarding how Weed and Seed funds are disbursed. (Attachments)

 

21.     Request Administration to provide City Council with an updated Anti-Violence Street Crime Unit Report from the inception date of August 23, 2004 through October 2004.  (Attachments)

 

22.     Request City Manager to provide City Council with a timetable for hiring a Crime Analyst.  (Attachments)

 

23.     Request City Solicitor to provide City Council with a summary of speeding and traffic ordinances and fines associated with those ordinances.  (Attachments)

 

24.     Request Acting Police Chief to provide City Council with an updated traffic violation statistics report specific to speeding, red light and Stop signs from November 2003 through August 2004. (Attachments)

 

25.     Request Acting Police Chief to provide City Council with a detailed update regarding the number of noise ordinance citations from May 2004 through September 2004.  (Attachments)

 

26.     Request Acting Police Chief to investigate the possibility of purchasing surveillance cameras, the cost to be absorbed through grant money.  (Attachments)

 

27.     Request Acting Police Chief to provide City Council with an updated report regarding speed radar and traffic enforcement signs. (Attachments)

 

          28-39          FROM PUBLIC SERVICE & TRANSPORTATION –

ADOPTED – EXCEPT 35 WHICH WAS TABLED

UNDER PRIVILEGE BY COUNCILLOR GOMEZ

 

28.     Request Parks Department trim trees in vicinity of 99 Monadnock Rd. (Attachments)

 

29.     Request Parks Department trim trees in vicinity of 34 Somerset St. (Attachments)

 

30.     Request Commissioner of Public Works to request funding for installation of 10 colonial style streetlights on Monroe Ave. in his FY 2006 budget.  (Attachments)

 

31.     Request Commissioner of Public Works to provide a report on the betterment program for installation of streetlights under consideration by the Department of Public Works.  (Attachments)

 

32.     Request City Manager to consider Block Grant funds for installation of a streetlight on the odd-numbered side of King St. near Main St. (Attachments)

 

33.     Request Administration report on how other communities are handling the issue of handicap accessible taxicabs.  (Attachments)

 

34.     Request Administration to update City Council relative to coordination between taxicab companies and the WRTA to provide handicap accessible taxicabs.  Further, request Administration provide other recommendation to handle handicap accessible transportation issues.  (Attachments)

 

35.     That the number of taxicab medallions issued in the City of Worcester be held at 108.   Adopted – Council then voted reconsideration on a roll call 8-2 (No-Clancy, Murray) (Perotto absent) - Item then Tabled under  privilege by Councillor Gomez    (Attachments)

 

36.     Request Administration report on the criteria used by other cities of comparable size to Worcester for issuance of taxicab medallions. (Attachments)

 

37.     Request Administration to recommend Ordinances relative to regulation and penalties applicable to livery vehicles in order to better control gypsy livery operators.   (Attachments)

 

38.     Request Administration to provide City Council with Methuen’s policies and procedures relative to gypsy livery operators. (Attachments)

 

39.     Request MBTA to update City Council on plans for construction of a train hotel in the vicinity of Union Station in an effort to minimize noise from trains left running overnight.  (Attachments)

 

ORDERS

 

40.     Request Administration report on the oversight system used by the Worcester Police Department to insure that the City Manager is made aware of citizen complaints about police and public safety officers. (Haller) (Attachments)    Adopted

 

41.     Request Administration to provide the definition of “critical incident” and to report on policies and procedures of the Worcester Police Department regarding the handling of a “critical incident” and whether every “critical incident” triggers an internal investigation by the Worcester Police Department.  Further, request report to describe the oversight system used by the Worcester Police Department to insure that the City Manager is made aware of critical incidents that occur between citizens and the Worcester Police Department.  (Haller)

          (Attachments)    Adopted

 

42.     Request Administration report on how citizen complaints and critical incidents involving the Police Department are investigated and the timeframe in which citizen complaints are expected to be investigated. (Haller)  (Attachments)    Adopted

 

43.     Request Administration report on what happens when a State or Federal Court issues a judgment adverse to the City of Worcester or an officer of the Worcester Police Department (e.g., does it lead to review of police procedures, does it lead to disciplinary action of an officer, does it lead to further training and supervision of an officer). (Haller) (Attachments)    Adopted

 

44.     Request Administration report on what type of tracking and/or monitoring system is used by the Internal Affairs Department  to track citizen complaints and/or critical incidents against the Worcester Police Department (e.g., manual, logs, computerized database, etc.) and if this tracking system always includes the names of specific officers associated with the complaints or incidents.  (Haller) Attachments) Adopted

 

45.     Request Administration report whether Worcester Police Department Internal Affairs Department uses an annual “tickler” system that alerts police officers and administrators if individual officers have had a certain number of citizen complaints or involvement in critical incidents.  Further, request report to include how other municipalities in the region manage this aspect of complaints and critical incidents. (Haller)  (Attachments)    Adopted

 

46.     Request Administration report on the annual percent of citizen complaints regarding the Worcester Police Department that have been investigated by Internal Affairs for each of the past five years.  Further, request report to include the percent resolved and a list of the reasons why complaints were not investigated and/or resolved. (Haller)  (Attachments)    Adopted

 

47.     Request Administration report on how the Worcester Police Department tracks injured prisoner reports, to include whether all injured prisoner reports receive review by the Chief, Internal Affairs, or the Training Division of the Worcester Police Department.  Further, request report to include discussion of how transfers of prisoners who have been in custody of Worcester Police Department to area hospitals because of requiring medical care are reviewed.  (Haller) (Attachments)     Adopted

 

48.     Request City Solicitor report on legality of implementing a citywide curfew for young people and what, if any, Massachusetts communities currently have such a program in existence.  (Murray, Haller, Petty) (Attachments)

Councillor Lukes moved to amend:  Further, request Administration report on whether a curfew would require a change in Police deployment.  Adopted, as amended

 

49.     Request City Manager to file legislation with the Great and General Court authorizing the Commonwealth of Massachusetts to initiate a pilot program in Worcester whereby additional Chapter 90 funding would be available annually to convert private ways to public streets. (Palmieri, Clancy)  (Attachments)   Adopted

         

50.     Request Administration report on the availability of traffic enforcement of resident parking during the hours of 5:00 p.m. to 7:00 a.m.    (Haller)    (Attachments)   Adopted

 

51.     Request Administration report on police calls to 119 West St. for the past month.   (Haller)   (Attachments)   Adopted

 

52.     Request Administration report on the number of vehicular accidents for the past year along Fruit St. and the intersecting side streets between Highland St. and Elm St.    (Haller)   (Attachments) Adopted

 

53.     Request Administration to consider dedicating the proceeds from the DCU Centre naming rights to a perpetual trust fund for the purpose of making capital improvements in and about the facility and the development of travel and tourism to the region.   This request anticipates that should such a dedicated trust fund be established that additional contributions will be solicited from the hospitality industry as well as neighboring towns and cities whose hotel and motel tax revenue benefits from the increased travel and tourism which results from trade shows and other events held at the DCU Centre.

(Irish, Haller, Gomez, Murray, Lukes, Perotto, Palmieri, Clancy, Rushton)  (Attachments)   Adopted

 

54.     Request Administration to contact Boston’s CBS, NBC, ABC and Fox network TV affiliates to explore the establishment of regional news bureau locations in Worcester.   (Irish)   (Attachments)   Adopted

 

55.     Request City Manager to seek a college intern to be assigned to the task of identifying purchasers of three-deckers in the city, broken down as being city residents and being non-city residents.  (Palmieri) (Attachments)    Adopted

 

56.     Request City Manager seek data from private or non-profit consumer protection organizations relating to ranking of the fairness of  processes used in various states for the valuing of properties for taxing purposes.   (Palmieri, Clancy)   (Attachments)   Adopted

 

57.     Request City Manager to prepare legislation to finance, through state funding, a pilot program for converting private streets to public. (Palmieri, Clancy, Petty, Perotto)     (Attachments)  Adopted

 

58.     Request Administration consider presenting some recommendations to Council regarding reinvesting the funds from the purchase amount of the naming rights of the Centrum back into the facility. (Gomez, Haller, Perotto, Rushton)   (Attachments)  Placed on file

 

59.     Request City Manager and Human Resource Office conduct a survey of City employees to determine the satisfaction level with the City’s Retirement Plan Custodian (ING) and further, to evaluate possible alternatives such as Mass. Mutual and others.  (Gomez, Rushton) (Attachments)   Councillor White moved to amend to delete: such as Mass. Mutual and others.  Adopted, as amended

 

60.     Request Parks Commission to consider name change of Middle River Park to Blackstone Gateway Parkland.  (Clancy)  (Attachments)  Mayor Murray moved to amend: Further, request an update on request that Middle River go back to being named the Blackstone River.  Adopted, as amended

 

61.     Request City Manager to update City Council regarding the implementation of a strategy to reduce the incidence of panhandling throughout the City of Worcester.    (Murray) (Attachments) Adopted

 

62.     Request City Manager, in cooperation with the Worcester School Department, consider and make recommendations in regard to the further development of Foley Stadium so as to accommodate expanded use potential.   (Irish)   (Attachments)  Adopted

 

62a.   Request City Clerk to provide City Council with a packet listing all meetings that have been held on the subject of  taxicab medallions in the last six or seven years, including Petitions filed, responses and votes of the City Council.   Motion-Lukes @ #35CC – Adopted (Attachments)

 

62b.   Request City Manager to provide City Council with a Table of Organization of the changes that are being recommended up to this point for the Police Department,  including unfunded positions.  Motion-Lukes @ #65CC – Adopted   (Attachments)

 

62c.   Request City Manager to provide an explanation of the additional costs that go with the Table of Organization as well as the actual breakdown of the line of authority and in the units of the Police Department.   Motion-Lukes @ #65CC – Adopted (Attachments)

 

62d.   Request City Manager to provide the Crime Watch groups with a copy of Item #66 of the City Council Calendar of October 19, 2004 relative to real estate valuations.  Motion-Haller @ #66CC – Adopted   (Attachments)

 

62e.   Request Administration to report on what judgments were entered in any courts regarding the City’s Police Department in recent months.  Motion Lukes @ #43CC – Adopted   (Attachments)

 

62f.    Request Administration to provide a report on the status of the City of Worcester membership in the Employers Against Domestic Violence (EADV) collaboration.  Further, request report provide copies of any policies, procedures, handbooks (including those policies, procedures and handbooks used by any contracted employee services, such as the Employee Assistance Program) as they relate to violence in the workplace.  Haller – Suspension of Rules – Adopted  (Attachments)

 

62g.   Request Administration report on the present and near future status of the ATF’s stature and presence in the City of Worcester.  Request report in include meeting dates with the ATF leadership and attendees regarding the ATF’s plan to elevate Springfield’s ATF status from satellite to headquarters and at the same time reduce Worcester’s status from ATF headquarters to satellite.  Haller – Suspension of Rules – Adopted   (Attachments)

                       

COMMUNICATIONS

 

63.     Roberta Schaefer, Executive Director, Worcester Regional Research Bureau transmitting Downtown Worcester Office Occupancy:  2004 Survey.   (Attachments)   Placed on file

 

64.     Michael V. O’Brien, City Manager transmitting communication relative to the appointment of Mr. Gary J. Gemme as Acting Worcester Police Chief.  (Attachments)   Placed on file

 

65.     Michael V. O’Brien, City Manager transmitting communication recommending changes to the FY 2005 authorized Table of Organization for the Worcester Police Department.  (Attachments)   Two Orders adopted on a roll call 8-0 (Irish, Perotto, White absent)

 

66.     Michael V. O’Brien, City Manager transmitting several reports regarding FY 2005 real estate valuations.  (Attachments)  Referred to Municipal Operations Committee

 

67.     RECESS TO FINANCE AND ORDINANCE:  No Items Pending

 

REPORTS

          68-96 ACCEPTED

 

          REPORT OF THE COMMITTEE ON HEALTH Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

68.     Relative to Massachusetts smoke-free workplace law. (Attachments)

 

69.     Relative to Massachusetts smoke-free workplace law. (Attachments)

 

70.     Relative to City’s Heart Safe Community Application. (Attachments)

 

71.     Relative to Tobacco Control Program FY05. (Attachments)

 

72.     Relative to Smoking in the Workplace law.  (Attachments)

 

73.     Relative to contract award to implement a Tobacco Control Program. (Attachments)

 

74.     Relative to February 2004 Tobacco Control Program report. (Attachments)

 

75.     Relative to April 2004 Tobacco Control Program report. (Attachments)

 

76.     Relative to Youth Access Compliance Checks. (Attachments)

 

77.     REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager relative to addresses in the area of the PIP Shelter at which more than one arrest occurred:  recommend Communication be referred to the Health Committee. (Attachments)

 

          REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

78.     Relative to Developing Alternatives for Women Now (DAWN), a pilot program for prostituted women.  (Attachments)

 

79.     Relative to number of murders in New England cities of similar size to Worcester.  (Attachments)

 

80.     Relative to murders in the City 2000-2004.  (Attachments)

 

81.     Relative to radar surveillance for Beaver Brook Parkway and Maywood St.   (Attachments)

 

82.     Relative to number of citations issued for violation of the noise ordinance.  (Attachments)

 

83.     Relative to traffic violation statistics from November 2003 to June 2004.  (Attachments)

 

84.     Relative to overview of the Anti-Violence Street Crime Unit. (Attachments)

 

85.     Relative to FY04 Juvenile Justice and Delinquency Prevention Act Grant award.   (Attachments)

 

86.     Relative to Worcester Weed and Seed funding allocation. (Attachments)

 

87.     Relative to funds awarded for the Weed and Seed Program. (Attachments)

 

88.     Relative to Zero Tolerance Zone in the Arts District. (Attachments)

 

89.     Relative to highest paid wage earners in public safety. (Attachments)

 

90.     Relative to meeting on August 29th with representatives from the Executive Office of Public Safety.  (Attachments)

 

91.     Relative to Bravo Pizzeria & Restaurant, Inc. regarding violations pertaining to overcrowding and alcohol.  (Attachments)

 

92.     Relative to history of license violations for Bravo Café. (Attachments)

 

93.     Relative to crime statistics for Autumn Woods.  (Attachments)

 

94.     Relative to crime statistics for the last 12 months at Autumn Woods. (Attachments)

 

95.     Relative to communication received from the Worcester Housing Authority relative to public safety efforts.  (Attachments)

 

96.     Relative to Second-hand Motor Licenses issued over the most recent two years.  (Attachments)

 

          97-103 ACCEPTED & ORDERS ADOPTED

 

          REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the following Petitions requesting street lights be upgraded:  recommend adoption of the accompanying Orders.

 

97.     Councillor Barbara Haller of behalf of Eileen Schonberg request upgrading of streetlight across from 1 Hancock St.  (Attachments)

 

98.     Councillor Philip Palmieri on behalf of Wayne Kallio request upgrading of streetlight at corner of Moen and Henchman Sts. (Attachments)

         

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the following Petitions requesting installation of streetlights:  recommend adoption of the accompanying Orders.

 

99.     Councillor Paul Clancy, Jr. on behalf of Veronica Martell request streetlight in front of 62 Arlington St.  (Attachments)

 

100.   Councillor Barbara Haller request streetlight on odd-numbered side of King St. near Main St.    (Attachments)

 

101.   Luigi DiGioia request two streetlights on McClintock Ave. (Attachments)

 

102.   Councillor Frederick Rushton on behalf of Maria Drosidis request streetlight between Tahanto Rd. and Maplewood Rd. (Attachments)

 

103.   REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Fr. Joseph Adamo, Ascension Church et al request installation of Bus Shelters with seating at the bus stops in front of Ascension Church, 48 Vernon St. as well as across the street:  recommend adoption of the accompanying Order.   (Attachments)

 

          104-111 ACCEPTED

 

          REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the following Petitions:  recommend Petitions be placed on file.

 

104.   Councillor Barbara Haller on behalf of Brenda Payne request installation of a streetlight in front of 34 Somerset St. (Attachments)

 

105.   Delia Trainor request installation of a streetlight in front of 99 Monadnock Rd.   (Attachments)

 

          REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the following Communications of the City Manager:  recommend Communications be placed on file.

 

106.   Relative to taxicabs operating in the  City of Worcester. (Attachments)

 

107.   Relative to results of June 2004 and June 2003 inspection of the fleet of cabs in the City of Worcester.   (Attachments)

 

108.   Relative to whether there are a sufficient number of taxicab medallions in the City of Worcester.   (Attachments)

 

109.   Relative to legality of train engines left running overnight. (Attachments)

 

110.   Relative to request for lease proposal for Park & Ride facilities by Mass. Turnpike Authority.   (Attachments)

 

111.   REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Report of the Committee on Public Service and Transportation upon the Communication of the City Manager relative to taxicabs:  recommend Report and Communication be placed on file.   (Attachments)

 

TO BE ORDAINED

 

          112-114 ORDAINED ON A ROLL CALL 9-0 (Perotto, White absent)

 

112.   Amending the Salary Ordinance relative to Severance Benefit for Certain Employees Resigning Voluntarily.  (Attachments)

 

113.   Amending Article IV of the Worcester Zoning Ordinance relative to Table 4.2 - Permitted Dimensions by District, Note 2: The designation 2+ indicates a maximum of 2 habitable stories with a non-habitable attic and garage underneath, if provided.  The story containing the garage is not considered habitable if the garage area occupies 50% or more of the entire story.  (Attachments)

 

114.   Amending Article XI of the Worcester Zoning Ordinance relative to an interim building moratorium within the Airport Environs Overlay District.  (Attachments)

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

OCTOBER 18, 2004

      5:15 P.M.

 

PUBLIC SAFETY

 

COUNCIL CHAMBER

 

 

OCTOBER  19, 2004

      5:30 P.M.

 

TRAFFIC & PARKING

 

COUNCIL CHAMBER

 

 

OCTOBER 21, 2004

      6:15 P.M.

 

MUNICIPAL OPERATIONS

 

 

 

ROOM 310

CITY HALL

 

OCTOBER 25, 2004

      5:15 P.M.

 

PUBLIC SAFETY

 

COUNCIL CHAMBER

 

OCTOBER 25, 2004

      6:00 P.M.

 

PUBLIC WORKS

 

ROOM 310

CITY HALL

 

 

OCTOBER 25, 2004

      7:00 P.M.

 

 

HEALTH

 

COUNCIL CHAMBER

OCTOBER 27, 2004

      7:00 P.M.

 

JOINT EDUCATION &

COLLEGE/UNIVERSITY RELATIONS & MUNICIPAL OPERATIONS

 

COUNCIL CHAMBER

NOVEMBER 1, 2004

      6:00 P.M.

 

PUBLIC WORKS

COUNCIL CHAMBER

 

NOVEMBER 3, 2004

      5:00 P.M.

 

MUNICIPAL OPERATIONS

 

COUNCIL CHAMBER

 

NOVEMBER 8, 2004

      6:00 P.M.

 

PUBLIC WORKS

 

COUNCIL CHAMBER

 

NOVEMBER 9, 2004

      5:30 P.M.

 

TRAFFIC & PARKING

 

COUNCIL CHAMBER