CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – OCTOBER 1, 2002

4:00 P.M.

Convened:  4:09 P.M.

Adjourned:  4:47 P.M.

 

 

1.                 INVOCATION – Fr. Jose A. Rodriguez

                                     St. Joan of Arc Church

 

2.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

3.       ROLL CALL – All present except Councillors Haller, Palmieri, Patton and Perotto.  Perotto & Patton arrived at 4:15 P.M.  Haller & Palmieri arrived at 4:24 P.M.

 

HEARING & ORDER – 4:00 P.M.

 

          Hearing held

 

4.       MASSACHUSETTS ELECTRIC COMPANY for a pole relocation on:  PLANTATION ST. (Attachments)

 

          4a ORDER ADOPTED

 

4a.     Granting permission to MASSACHUSETTS ELECTRIC COMPANY for a pole relocation on:  PLANTATION ST.

 

RECONSIDERATION

         

           Reconsideration denied – Item referred to Fees & Charges Committee

 

5.       In accordance with Rule 41 of the Rules of the City Council, Mayor Timothy P. Murray requesting Reconsideration of the vote of the City Council taken on September 24, 2002 relating to Item 15C of the City Manager’s Calendar requesting adoption of an Ordinance amending Chapter 13 of the Revised Ordinances of 1996 relative to Fines for Parking Violations. (Attachments)

 

6.       ITEMS OF CITIZEN INTEREST

 

6a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          7 & 8 REFERRED TO PUBLIC WORKS COMMITTEE

 

7.       Councillor Paul P. Clancy, Jr. request resurfacing of Revere St. (Attachments)

 

8.       Heather Nejaimey request section of Tracy Place from Southbridge St. to a point at which the P&W railroad intersects be graded and/or paved. (Attachments)

 

          9-16 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

9.       Sue Bonofiglio et al request Children sign on telephone pole at the corner of Oneida Ave. and Governors St. (Attachments)

 

10.     Ruth Gain et al on behalf of Michael Gain request handicap parking in front of 10 Fern St. (Attachments)

 

11.     Councillor Paul P. Clancy, Jr. request No Parking on even side of Revere St. (Attachments)

 

12.     Councillor Paul P. Clancy, Jr. on behalf of Christie Leedom request Stop sign on Houghton St. at Acton St. (Attachments)

 

13.     Mayor Timothy P. Murray & Councillor Stephen T. Patton request Stop sign at Whitmarsh Ave. and Claffey Rd. (Attachments)

 

14.     Mayor Timothy P. Murray & Councillor Stephen T. Patton request Stop sign at Whitmarsh Ave. and Granville Rd. (Attachments)

 

15.     Mayor Timothy P. Murray & Councillor Stephen T. Patton request Traffic Engineer consider lowering speed limit on Whitmarsh Ave. from 30 MPH to 20 MPH. (Attachments)

 

16.     Mayor Timothy P. Murray & Councillor Stephen T. Patton request Traffic Engineer consider changing the policy of routing traffic through Whitmarsh Ave. as the cut through from Burncoat St. to West Boylston St. (Attachments)

 

          17  HEARING SET FOR OCTOBER 8, 2002 – 7:00 P.M.

 

17.     MASSACHUSETTS ELECTRIC COMPANY & VERIZON NEW ENGLAND, INC. for joint pole relocation on:  SUNRISE AVE. EXTENSION. (Attachments)

 

CHAIRMAN’S ORDERS

 

          17a-r FROM LAND USE – ADOPTED (Suspension of Rules)

 

17a.   Request Administration provide the City Council with a recommendation by October 10th, 2002 how problems with dumpsters

located on private properties might be addressed through the re-write of the Zoning Ordinance. (Attachments)

 

17b.   Request Administration provide the City Council with information by October 10th, 2002 how other Massachusetts cities and towns address the problems with siting and maintenance of dumpsters located on private properties.     (Attachments)

 

17c    Request License Commission provide the City Council by October 10th, 2002 with a complete copy of their Rules and Regulations

 governing the parking lot approval process and the annual relicensing  process including a listing of conditions that are routinely referred to in the parking lot approval process. (Attachments)

 

17d.   Request Administration review the attached communication titled Pro-Neighborhoods Zoning Proclamation and make responses to the

City Council on each of the issues by October 10th, 2002. (Attachments)

 

17e.   Request Administration provide the City Council with copies of applicable state law concerning the siting of group homes by October 10th, 2002. (Attachments)

 

17f.    Request Administration provide the City Council by October 10th, 2002 with a detailed explanation of the definition of affordable

housing as mentioned in state statute and local ordinance. (Attachments)

 

17g.   Request Administration provide the City Council by October 10th, 2002 with a listing of terms from the Use Table that are not covered in the List of Definitions in the proposed Zoning Ordinance. (Attachments)

 

17h.   Request Administration provide the City Council by October 10th, 2002 with a justification for keeping references to Continuing Care Retirement Communities and cluster zoning in the proposed Zoning Ordinance. (Attachments)

 

17i.    Request Administration evaluate for the City Council by October 10th, 2002 the suggestion that the proposed Zoning Ordinance differentiate between convenience stores/mini-marts and garage public/garage private and their relationship to the sale of gasoline. (Attachments)

 

17j.    Request Administration provide the City Council by October 10th, 2002 with a more detailed explanation of the definition of a condominium than what appears in the proposed Zoning Ordinance. (Attachments)

 

17k.   Request Administration report to the City Council by October 10th, 2002 whether display lots are required to establish the five foot vegetation buffer as are parking lots. (Attachments)

 

17L.   Request Administration provide the City Council by October 10th, 2002 with details of how the City of Worcester regulates the storage of earth. (Attachments)

 

17m.  Request Administration establish a definition for yard sales in the proposed Zoning Ordinance. (Attachments)

 

17n.   Request Administration provide the City Council by October 10th, 2002 with copies of state building code 424 and 438. (Attachments)

 

17o.   Request Administration provide the City Council by October 10th, 2002 with a more extensive definition of a gated community and the relation to publicly decreed streets. (Attachments)

 

17p.   Request Administration provide the City Council by October 10th, 2002 with clarification if sales may take place from lofts as addressed in the proposed Zoning Ordinance. (Attachments)

 

17q.   Request Administration report to the City Council whether future Land Use meetings concerning the framing of the proposed Zoning Ordinance may be held outside of City Hall and be televised. (Attachments)

 

17r.    Request Administration provide the City Council by October 10th, 2002 with a clarification regarding appeals detailing the changes in reference to the Executive Office of Economic Development from Office of Planning and Community Development or Regulatory Services and Code Department, and that a chart of the regulatory servicing functions be forwarded. (Attachments)

 

ORDERS

 

17s.   Request City Manager to report as to notification given for the bus route change on Main St. that stopped at Lakeside Apartments for service to Webster Square Plaza.  Motion-Abraham @ #7E CM – Adopted  (Attachments)

 

17t.    Request City Manager to do everything within his authority and power to ensure that the bus route to Webster Square Plaza be put back in place.  Motion-Perotto @ #7E CM – Adopted (Attachments)

 

17u.   Request City Manager to report on the reason why a firefighter candidate who was inadvertently left off the official list as a result of a residency error may not be restored to their proper spot on the list.  Clancy – Suspension of Rules – Adopted  (Attachments)

 

17v.   Request City Manager to notify all non-profit agencies of the Local Law Enforcement Block Grant hearings.  Perotto – Suspension of Rules – Adopted   (Attachments)

 

17w.  Request Administration to assist in facilitating the participation of City Council, Police officials and the License Board in a view of the suggested area on Shrewsbury St. where a moratorium on liquor licenses will be requested.  Palmieri – Suspension of Rules – Adopted (Attachments)

 

17x.   Request Police Chief and License Commission to report on incidents that took place over the September 28-29, 2002 weekend at a bar and a restaurant on Shrewsbury St. and any other incidents in the last six months   Palmieri – Suspension of Rules – Adopted  (Attachments)

 

18.     COMMUNICATIONS OF THE CITY MANAGER

 

THOMAS R. HOOVER

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR OCTOBER 1, 2002

 

APPOINTMENTS

 

1. NON-CITY COUNCIL CONFIRMATION:

 

A.      Notification of the reappointment of Morris A. Bergman to the Zoning Board of Appeals. (Attachments)

 

Placed on file

 

2. CITY COUNCIL CONFIRMATION:

 

TRANSMITTAL

 

3. AIRPORT:

 

4. ASSESSORS:

 

A.      Communication relative to the appointment of Robert J. Allard, Jr., as City Assessor. (Attachments)

 

          Placed on file

 

5. BUDGET OFFICE:

 

6. COMMUNICATIONS:

 

7. ECONOMIC DEVELOPMENT:

 

A.      Communication relative to World Smile Day 2002.   (Attachments)

 

Placed on file

 

B.      Communication relative to New England Business Expo 2002. (Attachments)

 

          Placed on file

 

C.      Communication relative to MBTA Parking Program. (Attachments)

 

          Referred to Public Service & Transportation Committee

 

D.      Communication relative to Schedule of WRTA Board Meetings Dates for the Coming Year. (Attachments)

 

Placed on file

 

E.      Communication relative to WRTA Report regarding Notification as to when Bus Routes are Changed. (Attachments)

 

Referred to Public Service & Transportation Committee

 

F.      Communication relative to Number of Missed Trips by Month by the WRTA. (Attachments)

 

Referred to Public Service & Transportation Committee

 

G.      Communication relative to WRTA Report Regarding Ridership Statistics. (Attachments)

 

Referred to Public Service & Transportation Committee

 

H.      Communication regarding Issues relative to the WRTA. (Attachments)

 

Referred to Public Service & Transportation Committee

 

I.       Communication relative to List of the WRTA Advisory Board Members. (Attachments)

 

Placed on file

 

J.       Communication relative to WRTA Report regarding Details of Purchasing Monthly Ridership Tickets. (Attachments)

 

Referred to Public Service & Transportation Committee

 

K.      Communication relative to Mission Statement of the WRTA. (Attachments)

 

Placed on file

 

L.      Communication relative to WRTA Report regarding Number of Wheelchair Trips Provided. (Attachments)

 

Referred to Public Service & Transportation Committee

 

M.     Communication relative to Copy of the Minutes from the WRTA Public Hearings. (Attachments)

 

          Referred to Public Service & Transportation Committee

 

8. ELDER AFFAIRS:

 

9. ELECTION COMMISSION:

 

10. EMERGENCY MANAGEMENT SERVICES:

 

11. EMPLOYMENT & TRAINING:

 

12. FIRE:

 

13. HUMAN RESOURCES:

 

14. HUMAN RIGHTS:

 

15. LAW:

 

16. LICENSE COMMISSION:

 

17. NEIGHBORHOOD SERVICES:

 

A.               SUPPLEMENTAL – Communication relative to 661 Main St. – Burwick Caravan Building Status. (Attachments)

 

Referred to Housing & Neighborhood Revitalization Committee

 

18. PARKS, RECREATION & CEMETERY:

 

A.      SUPPLEMENTAL – Request approval of a Preservation Restriction as outlined in the attached memo from Commissioner O’Brien  (Norcross Mausoleum). (Attachments)

 

          Councillor Lukes recused on a roll call 10-0

          Order adopted on a roll call 10-0

          Reconsideration denied on a roll call 0-10

 

19. POLICE:

 

A.      Communication relative to Motor Vehicle and Criminal Complaints issued during the Summer Nationals 2002. (Attachments)

 

          Placed on file

 

20. PUBLIC HEALTH & CODE ENFORCEMENT:

 

21. PUBLIC LIBRARY:

 

22. PUBLIC SCHOOLS:

 

23. PUBLIC WORKS:

 

A.      Communication relative to Installation of Streetlights and Sidewalks at the Winter Heights Housing Subdivision. (Attachments)

 

          Placed on file

 

24. PURCHASING:

 

25. TECHNICAL SERVICES DEPARTMENT:

 

26. TREASURY:

 

27. VETERAN’S SERVICES:

 

A.      Communication relative to Visit from Rocky Bleier. (Attachments)

 

          Placed on file

 

28. FINANCE:

 

A.      Recommend that Five Thousand Four Hundred Forty Dollars and Ten Cents ($5,440.10) be transferred when and as received from Account #91C780, Capital Equipment, and appropriated to Account #44C704, Sewer Department Capital Equipment, to provide funds for the purpose of purchasing (3) Pentium 4 Computers and (1) Brush Mower for the Sewer Department, as approved in the Capital Improvement Program. (Attachments)

 

          Order adopted on a roll call 11-0

 

B.      Recommend that Five Hundred Thousand Dollars ($500,000.00) be transferred from Account #91C713, Water Mains, and appropriated to Account #45C720, Water Mains, for the payment of contractual obligations related to various Water Main construction projects for the Water Department, as approved in the Capital Improvement Program. (Attachments)

 

          Order adopted on a roll call 11-0

 

C.      Recommend that Ninety Nine Thousand Seven Hundred Seventy Dollars and Twenty Cents ($99,770.20) be transferred when and as received from Account #91C780, Capital Equipment, and appropriated to Account #45C703, Water Department Capital Equipment, to provide funds for the purpose of purchasing (1) Utility Van and (8) AutoCAD Software for the Water Department, as approved in the Capital Improvement Program. (Attachments)

 

Order adopted on a roll call 11-0

 

29. MISCELLANEOUS:

 

19.     RECESS TO FINANCE AND ORDINANCE:  No Action Taken

 

          FINANCE

 

a)                 5B CM  June 25, 2002

 

Communication of the City Manager relative to questions raised regarding the budget for the Executive Office of Economic Development. (Attachments)

 

TABLED UNDER PRIVILEGE

 

Taken off the Table and voted to advertise proposed Ordinance on a roll call 11-0

 

20.     REPORT OF THE COMMITTEE ON ORDINANCES Upon the Report of the Planning Board upon the Petition of Attorney Stephen Madaus on behalf of Gateway Park LLC by Worcester Business Development Corp. LLC et al requesting to amend the Official Zoning Map relative to 60 acres of land in the area of Lincoln Sq., Salisbury St., Institute Rd., Tuckerman St., Lancaster St., Grove St., Prescott St., Garden St. and Lincoln St. by changing the zoning district designations of BO-1.0, BG-2.0 and MG-2.0 to a designation of BG-6.0: recommend passage of the accompanying proposed Ordinance. (Attachments)

 

TABLED ITEM

 

Taken off the Table and placed on file

 

21.     Resolution – That the City Council go on record in support of state legislation that would address safety issues surrounding the use of hand-held telephones by people operating motor vehicles across the Commonwealth.  (Abraham)  (Tabled July 16, 2002) (Attachments)

 

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

 

SEPTEMBER 30, 2002           LAND USE         COUNCIL CHAMBER

          7:00 P.M.

Re:  Proposed Zoning Ordinance

       Definitions, Table of Uses & Permitted Dimensions by District

 

 

OCTOBER 1, 2002                   HEALTH           COUNCIL CHAMBER

        5:30 P.M.

 

 

OCTOBER 9, 2002          YOUTH, PARKS       COUNCIL CHAMBER

        6:00 P.M.                  & RECREATION

 

 

OCTOBER 10, 2002               LAND USE         COUNCIL CHAMBER

        7:00 P.M.

Re:  Proposed Zoning Ordinance

       Site Plan Approvals, Signs

 

 

OCTOBER 21, 2002          PUBLIC WORKS    COUNCIL CHAMBER

        6:00 P.M.

 

 

OCTOBER 24, 2002               LAND USE         COUNCIL CHAMBER

        7:00 P.M.

Re:  Proposed Zoning Ordinance

       Cluster/Inclusionary Zoning, Density Bonuses, Continuing Care

       Retirement Communities

 

 

NOVEMBER 14, 2002           LAND USE           COUNCIL CHAMBER

          7:00 P.M.

Re:  Proposed Zoning Ordinance

       Design Review, Conservation