CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 29, 2013

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 8:14 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 January 15, 2013.

Mayor Petty recognized the following persons who spoke: 1. Jo Hart, Worcester resident 2. Tim McCabe, Worcester resident 3. Chris Horton, Worcester resident 4. Nathan Pickens, Worcester resident 5. David Bentley, Worcester resident

Mary Dionne request leaves be removed in the fall and sanding be provided in the winter in front of 100 Elliott St.

Mark Armington, Sr. Director UMMS Facilities Engineering & Construction, request City approve an alteration of the west side of the Plantation St. layout by discontinuing and abandoning the City's street easement over portions of Plantation St. to accommodate pedestrian access stairwells & paths at the new parking garage serving UMMS.

Donna Frazier request installation of two handicap parking spaces in front of 99 Bellevue St.

Councilor Kathleen M. Toomey request installation of a "No Left Turn" prohibition for trucks exiting the CSX terminal into Grafton St.

William S. Coleman III and Brenda Jenkins request an opportunity to address the City Council and Administration regarding the closing of the Henry Lee Willis Community Center.

James A. DelSignore, City Auditor, transmitting Auditor's Reports for November 2012 and December 2012.

FROM THE COMMITTEE ON PUBLIC WORKS - Request Commissioner of Public Works & Parks make a comprehensive review all the sidewalks in the area of 57 Forest St. including but not limited to 3 Hancock Hill Dr.

Request City Manager and the Public Works Administration collaborate to establish after-hours parking spaces in bus stops in commercial districts after the buses for that particular route have stopped running. This action could add about 8 parking spots in the Green Street area alone. (Toomey)

Request City Manager update City Council concerning the Allston Avenue retention pond. (Toomey)

Request City Manager examine how downtown may be made more bike friendly via dedicated bike lanes, bike stands etc.. and further request him to report whether or not there is a possibility to access DOT funding or federal funding to implement a more bike friendly atmosphere in our downtown. (Economou)

#10a CC June 19, 2012 Communication of the City Auditor transmitting Auditor's Report for May 2012.

#13a CC July 17, 2012 Communication of Helen Friel, Ed.D., Assistant to the Superintendent/Clerk of School Committee, transmitting communication relative to the motion of School Committee Members Mr. O'Connell and Miss Biancheria requesting to coordinate with the City Council and the City Manager to schedule the school department budget hearings for fiscal year 2014 so that the School Committee will address its budget before the City Council conducts its own budget hearings.

#10.24A CM November 13, 2012 Communication of the City Manager transmitting informational communication relative to the Commonwealth's Revenue Shortfall for First Quarter of Fiscal Year 2013.

#11a CC November 13, 2012 Communication of the City Auditor transmitting a letter from the Department of Revenue certifying Free Cash in the general fund as of July 1, 2012 in the amount of $4,284,511, this amount is available for appropriation in fiscal 2013. Free Cash was also certified for the city's enterprise funds and is available in them for expenditure in fiscal 2013 as follows: Water $2,374,068 and Sewer $2,161,700.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jose & Esther Gonzales request abatement of street betterment assessment #24695 in the amount of $3,606.50 for Seattle St.: recommend Petition be amended for the abatement of street betterment assessment #24696 in the amount of $7,418.59 and adoption of the accompanying Order for a partial abatement resulting in a new assessment of $1,604.89.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Karol & Barbara Pysk request the sidewalk in front of 49 Perry Ave. be repaired: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Douglas Clough, Maintenance Manager of Abby's House request sidewalk repair in front of 19, 21 & 23 Crown St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Sarai Rivera request to repair sidewalk in front of 142 Southbridge St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Philip P. Palmieri request sidewalk repair in front of 16 Sturgis St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Curtis Alexander et al request sidewalk repair in front of 35 Haynes St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mayor Joseph M. Petty request sidewalk repair in front of 8 Trowbridge Rd: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mayor Joseph M. Petty request sidewalk repair in front of 136 Russell St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Linda Barber request sidewalk repair in front of 57 Forest St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petiton of Thomas Kyros request sidewalk repair in front of 447 Chandler St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Carlos Porras request sidewalk repair in front of 114 Beeching St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Martin Sigel request repair of sidewalk and apron in Institute Rd. side of 14-16 Dean St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Joseph M. Petty on behalf of Park Ave Mobil request the driveway aprons in the concrete sidewalks at 185 Park Ave. be reconstructed so as to reduce the arch of the curve and allow safer entrance and egress into and out of the service station: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to issues that the Great Bay Coalition in New Hampshire Has Encountered with the U.S. Environmental Protection Agency: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the 2012 Fall Leaf Collection Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to a recent editorial published in the Wall Street Journal about the U.S. Environmental Protection Agency: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to Keep Worcester Clean (KWC) Activity Report for the Month of August 2012: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to Keep Worcester Clean (KWC) Activity Report for the Month of October 2012: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the City's Sidewalk Snow and Ice Removal Ordinance: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to CSX Expansion and Neighborhood Improvement Fund: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Christine Coughlin & Joyce LaBonte request improvement of drainage along northern property boundary of 53 Chester St: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Order of Councilors Economou, Rivera, Toomey and Lukes - Request City Manager notify the City Council on any public works project that may alter the travel in any road way so hearings may be held for public input: recommend the Order be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ariana Johnson, on behalf of the Commonwealth of Massachusetts, request abatement of street betterment assessment #24886 in the amount of $6399.50 for Pineland Ave: recommend petition be denied

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Richard & Elizabeth Molinari request abatement of street betterment assessment #25018 in the amount of $9,928.80 for Woodcliffe Ave: recommend Petition be denied

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Frank & Jana Ceffalo Jr. request abatement of street betterment assessment #25019 in the amount of $9,928.80 for Woodcliffe Ave: recommend Petition be denied.

An Ordinance Amending the Revised Ordinances of 2008 Relative to Prohibiting Aggressive Begging, Soliciting and Panhandling in Public Places. An Ordinance Amending the Revised Ordinances of 2008 Relative to Pedestrian Safety.

An Ordinance Amending Article IV, Section 7(A)(1) of the Zoning Ordinance Adopted April 2, 1991 Relative to Off-Street Parking and Loading Requirements and Outdoor Dining.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in Front of 15 Perry Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Rescind Handicap Parking in front of 15 Clay St.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Provide for Resident Permit Parking on Carver St. both sides from Belmont St. to the terminus from Monday to Friday 8:00 AM to 4:00 PM.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Revise the Resident Permit Parking on Hampden St. between Sever St. and Fruit St. Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Prohibit Parking on the South Side of Hampden St. from Sever St. for a Distance of 75' East of Sever St.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Provide for Resident Permit Parking on Waverly St. Odd Numbered Side from Providence St. to Coral St.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Revise the Resident Permit Parking on Gage St. to be Extended to Include #82 Gage St.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Revise the Resident Permit Parking by removing said Resident Permit Parking from in front of 241 Pilgrim Ave. Frontage.

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 Providing for Stop Sign at the intersection of Eames St. and Mount Ave.

Amending Section 31 of Chapter 13 of the Revised Ordinances of 2008 to Rescind the Yield Sign at the intersection of Channing St. and Green Hill Parkway. Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for Stop Sign at the intersection of Channing St. and Green Hill Parkway.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 37 Lee St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Prohibit Parking on both sides of Washburn Way from Prescott St. to Garden St.

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)

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)

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)

ORDER of Councilor Konstantina B. Lukes - Request City Manager report whether medical marijuana dispensing sites can be restricted by local zoning ordinances or state regulatory means to established pharmacies. (Tabled - Lukes January 8, 2013 and January 15, 2013)

Motion Palmieri @ #7e CC – Request the Mayor have a meeting with the State Delegation and city administration to discuss how the Henry Lee Willis Center was closed and the how the redirecting of services were decided.

Motion Rushton @ #7e CC – Request City Manager request the State’s Department of Health & Human Services (HHS) inform the city whether there is an investigation preventing them from full disclosure or if there is not an ongoing investigation request the Department of HHS to provide the reasons why the Henry Lee Willis Center needed to be closed.

Motion Rivera @ #7e CC – Request the Mayor send a letter on behalf of the City Council requesting the State’s Department of Health & Human Services (HHS) to provide assurances to this community as to whether or not there is a plan or advisory group or what is the level of commitment for helping local agencies to be able to compete when contracts for social services are up for bid.

RESOLUTION @ #7e CC - That the City Council of the City of Worcester does hereby go on record to request the following: 1). Request higher level staff person from the Department of Health and Human Services (HHS) be present at the City Council’s Standing Committee on February 4, 2013 to discuss the ramifications from closing the Henry Lee Willis Center; 2). Request a point person be assigned from the state level to be made available to meet or talk with local agencies or city administration when needed; 3). Request the Department of HHS provide a transition plan so that within 30/60/90 days their staff will provide training and a timeline as to when contracts for services will be made available. (O'Brien)

Motion O’Brien @ #7e CC – Request City Manager request State’s Department of Health and Human Services to consider placing a time limitation on new social service contracts so local agencies will be given an opportunity to compete and further, request properties formerly owned by the Henry Lee Will Center be leased or held in receivership or some other holding mechanism. (O'Brien)

Motion Lukes @ #7e CC – Request the Mayor consider reinstating the Social Service Task Force.

Motion Russell @ #7e CC – Request City Manager provide a report as to the alleged sanitary code violations and the resulting impact to 701 Main Street.

Motion Germain @ #10a CC – Request City Manager provide to City Council the Rules and Regulations relative to Valet Parking.

Motion O’Brien @ #13a CC – Request City Manager report to City Council the plans, including committed resources, for continued outreach efforts to assist panhandlers.

Motion Lukes @ #13a CC – Request City Manager provide a report in 30 days relative to the implementation of the Panhandling Ordinances.

Motion Economou – Suspension of Rules – Request the Commissioner of Public Works & Parks reinstall the reflective double arrow at the end of Ararat St. at Brattle St.

PETITION – Councilor Tony Economou request crosswalk be install in Ararat St. at Brattle St.

PETITION – Councilor Tony Economou request sidewalks be repaired on the Ivernia Rd. side of 487 Burncoat St.