CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 15, 2013

Esther Howland Chamber

Convened: 7:01 P.M.

Adjourned: 9:29 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 December 18, 2012.

Hearing: NATIONAL GRID for conduit location in: MAYWOOD ST. Granting permission to NATIONAL GRID for conduit location in: MAYWOOD ST.

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)

ORDER of Councilor Konstantina B. Lukes - Request City Council vote a moratorium on allowing medical marijuana dispensaries in the city of Worcester for one year or until the Department of Public Health completes its regulations, whichever comes first. (Tabled - Lukes January 8, 2013)

The Mayor read a Proclamation declaring January 15, 2013 as Abby Kelley Foster Day and it was presented to a person appearing as Abby Kelley Foster.

Mayor Petty recognized the following person who spoke:
1. Jo Hart, Worcester resident

Councilor Tony Economou on behalf of Thomas Taylor request the planting of flowering cherry trees along Blue Bell Rd. as weather permits in the Spring.

Maria Vasiliadis et al request the handicap parking space in front of 7 Shawmut St. be removed.

Kathleen Perry request review of timing of the traffic light at North Parkway where it intersects with Lincoln St. so that it will improve the time it takes from changing from red to green.

Councilor George J. Russell on behalf of Deborah Chad request installation of a crosswalk in Millbury St. at the main entrance to the Quinsigamond School.

Councilor George J. Russell on behalf of Deborah Chad request installation of "School Caution" Signs in Millbury St. in advance of the Quinsigamond School.

Francine Phillips on behalf of George Shevchuk request to install handicap parking space in front of 103 Dorchester St.

Mayor Joseph M. Petty on behalf of Allen Greenman request the Winter Parking Ban on Midland St. be amended so as to allow the parking on the south side of the Midland St. between Elmwood St. and Greenleaf Terrace.

Anna Mae Gentile request installation of three (3) handicap parking spaces in Nebraska St. beside 8 Camassa Terrace.

Gerry Robichaud request City Council consider putting the divided lane line back in front of the apartment building at 653 Main St. that was removed during the repavement project on South Main St.

Transmitting communication relative to the dollar amount spent per student in Worcester and a report on the amount spent in other similar sized communities.

Transmitting communication relative to school spending for Nite Life/Adult Education and GED.

Transmitting communication concerning the use of reserves to provide additional funding for schools would it increase the amount of required funding to schools in future years.

Transmitting communication relative the Worcester Public Schools Foundation Budget and how Worcester's FY13 Foundation Budget was calculated.

FROM THE COMMITTEE ON JOINT PUBLIC HEALTH AND HUMAN SERVICES AND MUNICIPAL OPERATIONS - Request City Manager report on how many calls to 911 were received in the last six (6) months because of aggressive panhandling and report any resulting specific criminal activity.

FROM THE COMMITTEE ON JOINT PUBLIC HEALTH AND HUMAN SERVICES AND MUNICIPAL OPERATIONS - Request City Manager provide a status report concerning the Citizen Commission on Homelessness and/or the ICHH Leadership Council.

Request City Manager, when working with non-profit organizations and any company/business receiving a tax break from the City of Worcester, to ask them to give Worcester based businesses the opportunity to bid any work, services and or supplies. (Economou)

Building on positive momentum in the downtown, request the City Manager, in cooperation with the Worcester Redevelopment Authority, recapitalize and expand the scope of the WRA to undertake new efforts and initiatives, including the creation of an urban renewal plan and the implementation of an urban renewal project targeting areas of the so-called Theatre District downtown to address blight and, thereby, further the city's planning and economic development agenda. (Rushton, Petty, Eddy, Rivera, Toomey, Economou)

Recognizing the thirty year tradition of outstanding efforts and success of the Worcester Fire Department in their annual "boot days" which have resulted in the collection of over $500,000 for Muscular Dystrophy Association, and the need for the city's continued commitment and support for said effort, request the City Manager contact city supermarkets (Shaws, Price Chopper, Big Y, Price Rite, etc.) and major shopping plazas within the city (Lincoln Plaza, Greendale Mall, etc.) asking them to grant special access, similar to the Salvation Army during the Christmas holiday, to members of the WFD on May 11, 2013 for this year's MDA "boot day". (Eddy, Petty)

Request City Manager request the City Solicitor to provide a legal opinion as to whether a meeting held in the Levi Lincoln Chamber in City Hall on Tuesday, January 8, 2013 at approximately 6:00 PM was in compliance with the Massachusetts Open Meeting laws. (Lukes)

Request City Manager respond to the following questions regarding the meeting held on January 8, 2013 at approximately 6:00 PM in the Levi Lincoln Chamber in City Hall: 1) Who convened the meeting?; 2) Who was in attendance?; 3) What was the purpose and agenda for the meeting?; and 4) What information was communicated at the meeting?. (Lukes)

Request City Manager report on the dates, persons in attendance and locations of any meetings held to discuss services, operations and transfers of contracts and assets of the Henry Lee Willis Center. (Lukes)

Request City Manager report what meetings if any where held in neighborhoods where the Henry Lee Willis Center provided services or owned real estate when the administration learned funding was eliminated from this Center. (Lukes, Rivera)

Request City Manager conduct a review of surface parking lots specifically in the downtown area. (Toomey)

Request City Manager report on who will be the new providers of the programs and services formerly provide by the Henry Lee Willis Center and include which programs will they be providing and the location of these services. (Rivera)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board upon the Communication of the City Manager relative to Outdoor Dining Time of Year Restrictions: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Carmen Andino request the installation of a handicap parking space in front of 15 Perry Ave: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Michael Higgins request the handicap parking space in front of 15 Clay St. be removed: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Joseph Iaccarino et al request Resident Only parking on both sides of Carver St. due to Starbuck Coffee Shop approval at 1 Carver St: recommend passage of the accompanying proposed Ordinance for Resident Permit Parking on Carver St. both sides from Belmont St. to the terminus from Monday to Friday 8am to 4pm.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Matthew Haddad request Resident Permit Parking be changed to No Parking Anytime at the corner of Hampden and Sever Sts: recommend passage of the accompanying two proposed Ordinances from Resident Permit Parking in Hampden St. north side from Sever St. to Fruit St. and the south side from a Pt. 75' east of Sever St. to Fruit St. and Prohibiting parking on the south side of Hampden St. from Sever St. for a distance of 75' east of Sever St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Joyce Seymour request to install resident permit parking for Waverly St: recommend passage of the accompanying proposed Ordinance for Resident Permit Parking in Waverly St. odd numbered side from Providence St. to Coral St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Lisa Mastrogiacomo request the existing residential permit parking in Gage St. be extended to include #82 Gage St: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor George J. Russell on behalf of Lena Barry request removal of resident permit parking in the area of 247 Pilgrim Ave: 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 John Sullivan request Stop Sign be installed at the corner of Mount Ave. and Eames St: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou request the “Yield” sign at Channing St. and Green Hill Parkway be changed to a “Stop” sign: recommend passage of the accompanying two proposed Ordinances.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Alfredo DiMauro, Jr. on behalf of Worcester Polytechnic Institute request to rescind the prohibition of parking along the east side of Lee St. in vicinity of property known as 37 Lee St: recommend passage of the accompanying proposed Ordinance to rescind No Parking and install handicap parking in front of 37 Lee St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Alfredo DiMauro, Jr. on behalf of Worcester Polytechnic Institute request to prohibit parking along both sides of Washburn Way between Prescott St. and Garden St: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Alfredo DiMauro, Jr. on behalf of Worcester Polytechnic Institute request to rescind the prohibition of parking along the southern side of Institute Rd. along the property known as 37 Lee St: recommend Petition be placed on file.

REPORT OF THE JOINT COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES AND MUNICIPAL OPERATIONS Upon the Communication of the City Manager recommending adoption of Ordinances Relative to Pedestrian Safety in the Public Right of Way and the Prohibition of Aggressive Panhandling: recommend passage of the accompanying (2) two proposed Ordinances.

REPORT OF THE COMMITTEE ON JOINT PUBLIC HEALTH AND HUMAN SERVICES AND MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to Tag Day Permits Issued by the Worcester Police Department in 2011 and 2012: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON JOINT PUBLIC HEALTH AND HUMAN SERVICES AND MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to the Constitutionality of Regulating Panhandling While Allowing Tag Day Solicitations to Continue: 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 Reducing the Incidence of Panhandling: 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 Response to Reduce the Incidence of Panhandling in the City: recommend Communication be placed on file.

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)

Motion O’Brien @ #12c & 15a CC – Request City Manager provide a report outlining what the city is doing to contact and provide outreach to those panhandling across the city.

Motion Rivera @ #6a & #6b CC – Request City Manager report the number and type of crimes that have a marijuana involvement.

Motion Rushton @ #6a & #6b CC – Request City Manager send a letter to the Department of Health & Human Services to request a hearing in Worcester so the public can be given an opportunity to advocate on behalf of this community.

Motion Lukes @ #12b CC – Request City Manager provide a report to City Council relative to the history of the Worcester Redevelopment Authority (WRA) and include also what is the scope of their authority, how it is funded, and what is within its current jurisdiction and explain what it means to "expand the scope of WRA".

COMMUNICATION of Michael V. O'Brien, City Manager, transmitting informational communication relative to the Massachusetts Gaming Commission and requests for applications deadlines.

Motion Eddy – Suspension of Rules – Request the Mayor request the Worcester Public School Administration to repair the parking lot lights at Doherty Memorial High School in the interest of public safety.

Motion Russell and Petty – Suspension of Rules – Request the City Manager appoint a member of his staff to work as a lead point person to solve the issue of recent increased noise in the late night and early morning from Regency warehouse and CSX trains. Further, request City Manager request this staff person work to get the State of Massachusetts to install a noise buffer in the area of the 400's on Lake Ave.

Motion Toomey – Suspension of Rules – Request City Manager request the Police Chief develop a public service tutorial regarding how to protect your personal property from theft on the city’s web site or public television.

Motion Rivera – Suspension of Rules – Request City Manager request the Police Chief to implement crosswalk stings in front of 1050-1060 Main St., 425 Pleasant St. and 50 Murray Ave.

Motion Rivera – Suspension of Rules – Request City Manager have the appropriate staff review the old Chess King property on Hammond St. and contact the property owner to have this property cleaned-up.

Motion Petty – Suspension of Rules – That the City Council of the City of Worcester will hereby convene its regular meeting on January 22, 2012 at 6:00 p.m. for the purpose of recessing to Executive Session to discuss pending litigation and will take up the regular meeting immediately following the conclusion of the Executive Session.