CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 12, 2013

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 8:16 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 29, 2013.

Hearing - NATIONAL GRID for conduit location: ALMONT AVE. Granting permission to NATIONAL GRID for conduit location: ALMONT AVE.

Hearing - NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a joint pole location in: ANGELO ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a joint pole location in: ANGELO ST.

Mayor Petty recognized the City Manager and the Department of Public Works & Parks for their efforts in clearing the city from the 28.7 inches of snow that fell on the City on February 8th and 9th, 2013.

Mayor Petty recognized the following persons who spoke:
1. Susan Recure, Worcester resident
2. Jo Hart, Worcester resident
3. Sean Maher, Worcester resident

Mayor Petty announced that there will be a meeting of the Worcester Crohn’s Disease Medial Information Group at the Worcester Public Library on February 13, 2013 at 6:00 P.M. on the fourth floor; Mayor Petty read a Proclamation declaring the week of February 12, 2013 as Crohn’s Disease Awareness Week and presented it to William Coleman, III, Dr. Jennifer Hylton and Dave Swenson.

Councilor Tony Economou request Worcester Regional Transit Authority consider looping the Route 8 bus through the Colony Retirement housing at 123 Holden Street reaching 70 seniors who would benefit from having bus service to Greendale Mall and downtown.

Luis de Morais request Calumet Ave. be resurfaced.

Jose Quinones request the handicap parking in front of 97 Arthur St. be removed.

Felilcio Lana request the parking meters in front of 240 -250 Commercial St. be removed.

Jessica Valerio request resident permit parking be extended to include #15 Bowdoin St.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager communicate with SMOC and obtain information as to their intentions regarding the purchasing of properties in Worcester in particular sites owned by the Henry Lee Willis Center.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request Mayor invite a representative from the appropriate state funding agencies and the city’s state representatives to the next meeting of the City Council’s Standing Committee on Public Health and Human Services when the Henry Lee Willis Center is discussed.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager report how the employees of the Henry Lee Willis Center are being protected.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager report how the vendors are being selected to provide services that were previously provided by the Henry Lee Willis Center.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request the City Solicitor report the following: 1). Provide a legal opinion as to what options are available to the city, members of the public and those serviced by the Henry Lee Willis Center to pursue any legal remedies; 2). What is the process for holding those state agencies accountable if there is one; and 3). Does the city have the ability to request a rehire clause for new social service contracts and what would be the ability of the state agencies to comply with this request.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request Mayor consider establishing a task force or advisory group that would work to keep the state accountable for their commitment to help local culturally competent services to grow.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide an update regarding the Asian Longhorned Beetle Program.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide an update relative to the funding and implementation as it currently exists for the Geese Management Program.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide an update on any court decisions regarding the Dover Amendment.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide an update of the Mayor’s Social Service Task Force as it relates to funding and sitings of social service agencies.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief to install speeding surveillance during rush hours in Tyson Road, Goddard Memorial Drive in the vicinity of Parsons Hill Drive and Beatrice Drive and in Fairhaven Road near Eunice Avenue.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Commissioner of Public Works & Parks to conduct a traffic study in Tyson Road with a view to recommending the installation of a truck traffic prohibition.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Commissioner of Public Works to communicate with the GPS service providers to inform them that Elmwood Street is a dead end and not a through street to Salisbury Street.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Commissioner of Code Enforcement to require the owners of property at both corners of the intersection of Goddard Memorial Drive and Beatrice Drive to clear their properties of the brush that is encroaching upon the public way causing a safety problem.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request the installation of No Parking zones in both sides of Putnam Lane from Nebraska Street to terminus.

Request City Manager review and recommend to City Council for consideration a property tax incentive program similar to the one developed in the Township of Marlboro, Monmouth County, New Jersey which provides property owners with a real estate tax credit when they purchase goods or services from a participating City of Worcester business. (Rushton, Germain, Petty, Russell, O'Brien)

Request City Auditor work with the Superintendent of Worcester Public Schools to conduct a review of School Transportation expenses/contracts and make a formal presentation to the Education Joint Committee composed of the City Council Education Committee and the School's Finance and Operations Committee. (O'Brien)

Request City Auditor review the appropriateness of the following: administrative fees charged to the Worcester Public Schools by the city for city personnel and services; administrative fees charged for grants management; and Medicare fees received by the City for services done by School Department personnel. This report should also include how these fees compare to other gateway cities. (O'Brien)

Request City Auditor work with the Superintendent of the Worcester Public Schools to review School Department administrative expenses and provide a report to the City Council as to how these fees compare on a percentage of budget basis with other gateway cities. (O'Brien)

Request City Manager request the Worcester Redevelopment Authority's meeting minutes be made public on a routine basis and that the City Council be provided hard copies of the minutes of recent meetings of the Authority for which no minutes have been made public. (O'Brien, Rushton)

Request City Manager request that future meetings of the Worcester Redevelopment Authority be conducted at City Hall as are other board and commission meetings. (O'Brien, Rushton)

Request City Manager work with the Superintendent of Worcester Public Schools to conduct an evaluation of the significant capital needs and deferred repairs at North, South and Doherty Memorial High Schools. (O'Brien)

Request Board of Election Commissioners and City Clerk implement six days of Early Voting on the second floor of City Hall October 30, 2013 through November 4, 2013 to encourage Worcester voters to participate in the upcoming municipal election. (O'Brien, Rushton)

Request City Manager pursue an updated beautification plan for lower Grafton Street that includes participation by business owners and property owners in the effort to join the improved Washington Square with new improvements in Grafton Hill. (Palmieri, Russell, Petty)

Request City Manager request Charter Communications to explain the recent rapid increases in subscription rates, and further, to request City Manager work with Charter Communications to reinstate the senior discounts for core services. (Russell)

Dr. Roberta Schaefer, President and CEO of the Worcester Regional Research Bureau, transmitting communication relative to Worcester's Demographic Trends: 2010 Census.

That the City Council of the City of Worcester hereby goes on record in favor of the initiative to enhance participation in elections being put forth by President Obama that will require all states to provide online voter registration and at least 15 days of early voting. (Rushton, O'Brien)

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Petition of Eric Kuczarski, property owner of 37 Monterey Rd., and on behalf of property owners at 3, 4, 5, 8, 10, 15, 21, 25, 33, 36, 38, 39, 40, 45, 53, 61 Monterey Rd. request the ALB Reforestation Program select a single tree species and be a type of tree species that would produce a mature size and canopy characteristics similar to that of the previous street trees. Further, request the head of the Forestry Division attend an upcoming meeting of the Monterey Rd. neighbors to discuss the program's plans for replanting on Monterey Rd: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Petition of Wyatt Wade et al request all action be taken to immediately close the operation of the People in Peril Shelter, 701 Main St: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Petition of Mesfin Beshir on behalf of the Ethiopian Dream Center, Inc. request for Office Rent Assistance: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Order of Councilor Philip P. Palmieri and Councilor Joffrey A. Smith - Request City Manager update City Council regarding the details of the plans that USDA and/or DCR have for the future inoculation of trees against the Asian Longhorned Beetle: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Chairman's Order from the Committee on Public Health and Human Services - Request the City Council Standing Committee on Public Health and Human Services consider the feasibility of the South Worcester Housing Recovery Proposal: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to a Status Report on the Asian Longhorned Beetle: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to a Report on Plans for the Upcoming Chemical Treatments against the Asian Longhorned Beetle: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to Asian Longhorned Beetle (ALB)-infested City Street Trees: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Public Health Hazard Created by Canadian Geese: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the City's Geese Management Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Federal Tobacco Control Act: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to Water Quality Testing at Lake Quinsigamond: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to Planned Improvements to the Neighborhood Surrounding: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Triage Center: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to an Update on the Triage and Assessment Center: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager relative to the application process for tax-exempt tax status for non-profits and the Dover amendment.: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Procedures for Tenants to Report No Heat or Insufficient Heat during the Cold Weather Months: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to Economic Development and Business Assistance Programs Available to Support New or Existing Businesses: 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 Sidewalk Rehabilitation Program for Fiscal Year 2013 and Fiscal Year 2014: 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 the List of Candidate Petitioned Streets for a Future Residential Resurfacing Program: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Attorney Stephen Madaus on behalf of Worcester Polytechnic Institute request to alter the public street layout of Park Ave. to include all of the sidewalk areas along the eastern sideline of Park Ave. for construction of driveway to service a new parking garage and athletic field complex: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Paul Mirow request the installation of a handicap parking space in front of 12 Jackson St: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Robert Rousseau Jr. request installation of handicap parking space in front of 4 Doane St: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of State Representative John Fresolo on behalf of David Johnson request installation of a handicap parking space in front of 1 West Upsala St: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Julie Nicolazzo request removal of the handicap parking space in front of 14 Suffield St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Quynh Do request installation of a handicap parking space in front of 15 Stoneland Rd: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey request to install “No Parking” on west side of Adams Street near corner with Belmont Street: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Sheilah Dooley, Executive Director Pernet Family Health, request "One Hour Parking Only" signs be removed between the intersection of Millbury St. and Seymour St. and the intersection of Millbury St. and Canton St: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou on behalf of Lincoln Village residents request installation of a "No Parking" zone on the north side of Pleasant Valley Dr. from the Lincoln Village Office westerly to building #21, a distance of approximately 75 yards: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou on behalf of Frank Pupillo request installation of a 4-way Stop Sign at Eunice Ave. and Fairhaven Rd: recommend adoption of the accompanying Order to install two "Children" signs on Fairhaven Rd. at both approaches to the intersection of Eunice Ave.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou on behalf of Chet Morrison request to increase the timing for the green light as you leave Beverly Rd. onto Lincoln St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou request installation of a "Go Slow Children", "25 MPH Speed Limit" and "Caution Blind Hill" signs facing traffic in both directions in Tyson Rd. and the repainting of stop lines at the Stop signs at both ends of Tyson Rd: recommend adoption of the accompanying two Orders.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou request the installation of a “Dead End” sign in Elmwood St. where it intersects with Midland St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou on behalf of residents Beatrice Dr. and Parsons Hill Dr. request 40 MPH advisory signage and pedestrian crossing signage in the appropriate areas of Goddard Memorial Dr.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou on behalf of Lincoln Village residents request installation of a "No Parking" zone on the south side of Pleasant Valley Dr. in front of building #20 from the mailboxes easterly a distance of approximately 75 yards: recommend adoption of the accompanying Order to replace the missing "No Parking" signs on Pleasant Valley Drive from Goldthwaite Rd. to Country Club Blvd.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera on behalf of the Fritz Family request “One Hour Parking” signs in front of the residential homes in Millbury Street be removed: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Nicaury Rolon request installation of a handicap parking space in front of 33 Cutler St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jeffrey Jenkins request a bus stop be installed at the corner of Perkins St. and Lincoln St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Richard Fields et al request installation of "No Parking" zones in Putnam Lane on both sides from Shrewsbury St. to Nebraska St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Gina Cariglia request installation of "One Hour Parking" in front of 373 Shrewsbury St. as well as Draper St. side of 373 Shrewsbury St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jay Foley of Foley Engines request "No Dumping" signs be installed on Asylum St: recommend Petition be referred to the Public Works Committee

COMMUNICATION of the City Manager transmitting informational communication relative to the City's Emergency Communications Department (9-1-1 Dispatch Center). (Tabled - Eddy February 5, 2013)

COMMUNICATION of the City Manager transmitting informational communication relative to Regional Emergency Communications Center Negotiations. (Tabled - Lukes February 5, 2013)

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 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 @ #6a CC - Request City Manager develop a plan to remove snow from streets in front of small businesses across the city.

Motion Toomey @ #6a CC – Request City Manager report what the city can do to prevent private snow operators from dumping snow onto public sidewalks in front of businesses, necessitating the businesses to hire private trucks to remove the snow again and again, putting a financial hardship on that business.

Motion Rivera @ #6a CC - Request City Manager report what can be done to help homeowners, especially those who are elderly and disabled, from having to arrange to have their sidewalks cleared more than once because of plows returning and pushing snow back onto already cleared sidewalks and further, report how the city can help with the clearing of handicap parking spaces.

Motion Russell @ #6a CC – Request City Manager consider enforcing the ordinance for removal of snow from sidewalks on foreclosed properties by using the bonds held on the properties to pay for the costs to remove the snow.

Motion Toomey @ #10a CC – Request City Manager review previous voted orders concerning Woo Cash and incorporate these into the proposed program for property tax incentives and promotion of local businesses.

Motion Palmieri @ #10a CC – Request City Manager report, if the city should have a shortfall in tax collection after the implementation of the proposed property tax incentive and assistance to small businesses program, how would it be able to make up needed revenues.

Motion Lukes @ #10a CC – Request City Manager report cost of implementation, what department would provide oversight and what staff would be required to implement the proposed property tax incentive program and further, request a report as to how this program affected revenues received from the town of Marlboro, New Jersey.

Motion O’Brien @ #10h & 12a CC – Request City Clerk report what would be the estimated costs for holding six days of early voting.

Motion O’Brien @ #10h & 12a CC – Request City Manager request the City Solicitor provide a legal opinion concerning feasibility of implementing early voting.

Motion Rushton @ #10h & 12a CC – Request City Manager request the Secretary of State consider using Worcester as a pilot for early voting for the April and June 2013 state elections.

Motion Eddy @ #10h & 12a CC – Request City Manager request the Board of Election Commissioners to provide a report concerning whether or not waiting in lines to vote was an issue in previous municipal elections for the last decade.

Motion Lukes @ #10h & 12a CC – Request City Manager request the Board of Election Commissioners to report the number of absentee ballots cast for the past ten (10) years for municipal elections.

Motion O’Brien @ #11a CC – Request City Manager provide a previously requested report outlining the diversity of the city’s work force broken down by department, gender and ethnicity.

Motion Toomey and Russell – Suspension of Rules – Request City Manager provide a list of all the tax title properties that are currently available in the city and identify those parcels which abut open space or park land.

Motion Toomey – Suspension of Rules – Request City Manager request the Commissioner of Public Works and Parks place appropriate signage or message boards in the vicinity of the CSX in Grafton St. across from Waverly St. that would alert the public that the left lane is for thru traffic on Grafton St. and the right lane is for access to the I-290 on ramp traffic.

Motion Economou – Suspension of Rules – Request City Manager report what is the protocol for removing snow at bus stops.

PETITION of Councilor Tony Economou on behalf of Mike Vacca request sidewalk repair in front of 3 Ascadilla Rd.

Motion Lukes – Suspension of Rules – Request City Manager request City Solicitor provide a legal opinion relative to early voting and whether or not there is a need for a charter change and further report the distinction between municipal, state and federal elections in terms of City Council’s jurisdiction.