CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 11, 2012

Esther Howland Chamber

Convened: 7:11 P.M.

Recessed to Executive Session: 9:17 P.M. Adjourned from Executive Session to Reconvene to Open Session to Adjourn: 10:43 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of August 14, 2012.

Mayor Petty read a Proclamation declaring the week of September 9th, 2012 as Suicide Presentation Week and presented it to Paul Richard.

The Mayor read a Proclamation declaring September 15th, 2012 as Worcester LGBT Pride Day and presented it to John Trobaugh and Meghan Doyle.

Mayor Petty congratulated Doug Hannam, retiring president of the District Four Little League, to honor his many years of service to the youth of the city of Worcester and presented him with a Key to the City and an embroidered jacket and a banner was presented to him by Councilor Economou.

Mayor Petty recognized the following persons who spoke to items on the agenda: 1. George Valeri, Worcester resident 2. Sandra Katz, Worcester resident 3. Terry Cherry, Worcester resident 4. Carlos Amparo, Worcester resident 5. Rev. Jose Encarnacion, Worcester resident 6. Chris Robarge, Worcester resident 7. Kevin Ksen, Worcester resident 8. Jim Savage, Worcester resident 9. Ronal Madnick, Worcester resident 10. Gordon Davis, Worcester resident 11. Keith Scott, Worcester resident 12. Chris Pinto, Worcester resident 13. Joseph Scully, Worcester resident 14. Scott Ricker, Worcester resident

Minh Nguyen request to relocate the street light in front of driveway at 587 Southbridge St.

Betsy Wertheimer et al request street resurfacing of Eunice Ave.

Betsy Wertheimer et al request sidewalks on Eunice Ave. be repaired.

Mr. & Mr. Alan Harrison request sidewalk repair in front of 21 Superior Rd.

Jeff Childs request sidewalk repair in front of 1 Boardman St.

Bernadette Ostromecki request the tree roots be trimmed and the sidewalk and curb be repaired or replaced at the corner of Greenfield St. & 49 Everton Ave.

Councilor Kathleen M. Toomey request sidewalk repair for Thorne St. between Orient St. and Wall St.

Councilor George J. Russell request Hale St. be resurfaced.

Councilor George J. Russell request Indiana St. be resurfaced.

Councilor Kathleen M. Toomey request pedestrian crossing signal at Lake Avenue be upgraded.

Councilor Sarai Rivera request the installation of a crosswalk in Pleasant Street at the intersection with West Street.

Carmen Andino request the installation of a handicap parking space in front of 15 Perry Ave.

VERIZON NEW ENGLAND, INC. for conduit locations: TRUMBULL ST., FRONT ST. & FOSTER ST.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief to enforce speed limits and corner clearances in the vicinity of the intersection of Hadwen Road and Havelock Road and the Stop Sign at the intersection of Hadwen Road and Morningside Road.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Commissioner of Public Works and Parks to install crosswalks across Plantation Street at the corner of Caroline Street and across Caroline Street at the intersection of Plantation Street

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Superintendent of the Worcester Public Schools to consider utilizing the existing Reverse Call functions used to inform parents of cancelled school days to remind parents of the critical need to use extra caution in the vicinity of all school buildings.

Request the City Manager upgrade lumen on all lights on the Worcester Common. (Toomey)

Request City Manager provide City Council with a report by October 1st as to the Cultural Development Division’s plan to increase public art by 25% over the next three (3) years. (Rushton)

Request City Manager request the Commissioner of Public Works and Parks request the Director Traffic Engineering review the new plan to park and load school buses on Indiana Street near Rice Square School. Further, request he provide a report to the City Council concerning site lines and emergency vehicle access during winter when snow is stock piled. (Russell)

Request City Manager have the ramp slope permanently corrected at Lake Park Community House, 264 Lake Avenue, Ward 5 Precinct 3, as soon as possible to provide proper HP Access without having to rent a ramp for each election that currently costs approx $1,800 each time. (Russell)

Request City Manager and his Administration work with the CitySquare developers and other downtown property owners to discuss retail demand and potential coordination to ensure that investment downtown builds on its status as a center for civic activity. (Petty)

Request the City Manager request the Board of Election Commissioners to consider establishing and implementing guidelines for observers who choose to be present within the voting locations on election days including a requirement that they register with the Warden and also that they adhere strictly to regulations concerning non-interference with voters, poll workers and police officers as set forth by the Secretary of the Commonwealth. Further request that the Board of Election Commissioners publicize for the benefit of the public and poll observers the laws and related rulings concerning photographing, video taping and audio taping within the voting polls on election days. (Petty, Eddy)

SEWER BETTERMENT ASSESSMENT: PRATT ROAD

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request to install Resident Only Parking in Whitney St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Rosa Mendez request resident permit parking in Alpine St from 17 Alpine St. to Sterling St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor William J. Eddy request to install a speed limit sign and a “Go Slow Children” sign in the vicinity of 100 Mower St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor William J. Eddy request installation of a Thickly Settled 30 MPH signs in Camelot Dr: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Alma Duddie request installation of a handicap parking space across from 260 Tacoma St: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Lee Norton Kelly request resident permit parking on the east and west sides of Coolidge Rd. from Pleasant St. to Copley Rd: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Edita Mirkovic request to remove resident permit parking in Shirley St: recommend Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of James Jordan Jr. et al request to install resident permit parking on Reeves St: recommend Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Nichole Panagiotou et al request the installation of a stop sign at the intersection of Hadwen Rd. and Havelock Rd: recommend Petition be denied.

ORDER of Councilor Michael J. Germain - Request City Manager recommend to City Council an ordinance similar to the “Unruly Gathering Ordinance” in effect in Narragansett, Rhode Island in light of the fact that recent enforcement actions relied upon to control gatherings have not resulted in a permanent solution to the problems negatively affecting quality of life in our neighborhoods in close proximity to colleges. (Tabled - Germain September 4, 2012)

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support Senate Bill 610, an act protecting condominium owners filed by Senator Harriette Chandler and Senator Richard Moore. (Tabled - O'Brien July 19, 2011)

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administration’s efforts to negotiate the maximum hiring of local residents in Tax Increment Financing agreements and other tools used to attract business and to expand our tax base. (Tabled - O'Brien September 13, 2011)

COMMUNICATION of the City Manager transmitting informational communication relative to an update on the status of #5 May Street. (Tabled - O'Brien January 31, 2012)

COMMUNICATION of the City Clerk transmitting communication expanding upon the newspaper article regarding the human error factor which occurred in the city's recount. (Tabled - Lukes February 7, 2012)

COMMUNICATION of the City Manager transmitting Informational Communication Relative to Finance for Housing Developments within the City of Worcester. (Tabled - O'Brien February 28, 2012)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes - Request City Council support more diverse new housing development with an emphasis on market-rate housing with a maximum of 10% affordable units if there are going to any units available for development in the downtown Worcester area: recommend Order be placed on file. (Tabled - Lukes May 1, 2012)

PETITION of Ivan Machicote request a freeze to the residential construction project at a lot located at the intersection of Sophia Dr. & Lilac Lane to prevent a continuance of violations that are against the interest of neighboring property owners. (Tabled - Russell August 14, 2012)

COMMUNICATION of the City Manager transmitting Informational Communication Relative to the First Circuit Court's Decision of the Upper Blackstone District's Appeal of the EPA's 2008 NPDES Permit. (Tabled - Lukes August 14, 2012)

COMMUNICATION of the City Manager recommending City Council's Review and Acceptance of Proposed Amendments to the City's Open Meeting Law. (Tabled Petty - August 14, 2012) (Tabled - Rivera September 4, 2012)

COMMUNICATION of the City Manager transmitting informational communication relative to Out of State Residents Working on Local Projects and Not Meeting the State's Health Care Mandates. (Tabled Under Privilege - O'Brien August 14, 2012) (Tabled - Lukes September 4, 2012)

Motion O’Brien @ #9f CC – Request City Manager request the City Solicitor provide a report that clarifies what are the rules specifically for poll observers and poll workers.

Motion O’Brien @ #9f CC – Request City Manager provide a report regarding actions being considered by the Election Commission and any recommendations the City Clerk might have going forward.

Motion O’Brien @ #9f CC - Request City Manager consider sending a mailing to every voter in advance of the election that reminds the voter where they vote, the absentee process, an explanation as to what is a provisional ballot, a contact telephone number and what is needed to vote on elections day.

Motion Rivera @ #9f CC – Request City Manager consider an investigation regarding violations to voter rights and further, request the City Manager request the City Solicitor report if there are consequences that can be enforced against those who disrupted the polls on September 6, 2012.

Motion Rushton @ #9f CC – Request City Manager report to City Council as to who has the authority to remove people who cause disruptions at polling locations.

Motion Lukes @ #9f CC – Request City Manager inform City Council as to what is the jurisdiction of all entities (Election Commission, City Clerk, City Manager and City Council) involved in elections.

Motion Lukes @ #9f CC – Request City Manager report the specific documented illegalities that occurred at the polls on September 6, 2012.

COMMUNICATION of the City Manager transmitting informational communication in response to City Council's request for an update on the city's actions to combat Mosquitoes and Mosquito-Borne Diseases, such as West Nile Virus and EEE.

Motion Toomey – Suspension of Rules – Request City Manager request the Commissioner of Public Works and Parks address the concerns of the residents of Brigham Road relative to the damage to the paved private portion of the road.

Motion Toomey – Suspension of Rules – Request City Manager report the condition of all the existing public art and a plan to repair or renew and include a timeline and a budget. Motion Lukes to amend: Further, request City Manager provide an inventory of all the public art.

PETITION – Councilor Tony Economou request resurfacing of Fairhaven Rd.

Motion Economou – Suspension of Rules - Request City Manager have the “Rollingwood Dr.” street sign be reattached at the corner of Rollingwood Dr. and Jamesbury Dr.

PETITION – Councilor William J. Eddy request resurfacing of Chiltern Hill Dr.

PETITION – Councilor William J. Eddy request resurfacing of Chiltern Hill North Dr.

Motion Rivera – Suspension of Rules - Request City Manager request the Commissioner of Public Works & Parks have the street catch basin in Pelham St. be cleaned two times a year due to the repeated instances of flooding during heavy rain storms.

Motion Rivera – Suspension of Rules - Request City Manager have the hole in the sidewalk in front of 114 Beacon St. be repaired immediately.

PETITION – Councilor Sarai Rivera request sidewalk repair of 114 Beacon St.

Motion Rivera – Suspension of Rules – Request City Manager provide City Council with the request made August 14th regarding a request for a report concerning prostitution.

Motion Petty – Suspension of Rules – That the City Council of the City of Worcester does hereby recess into Executive Session for the purpose of discussing potential litigation relative to the EPA.