CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 1, 2013

Esther Howland Chamber

Convened: 7:02 P.M.

Recessed to Executive Session: 8:58 P.M. Reconvened to Open Session to Adjourn: 9:59 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 September 17, 2013.

Hearing: CHARTER COMMUNICATIONS for a conduit location in: CLAPP ST. Granting permission to CHARTER COMMUNICATIONS for a conduit location in: CLAPP ST.

Mayor Petty thanked the volunteers of stART on the Street for their efforts for putting on a wonderful event in the city and presented terrariums from Seed to Stem to them. The volunteers present were Michelle May, Gabriel Rollins, Christina Roberts, Deborah Beaudry, Nikki Erskine, Cathleen Jordan, Stacy Homan, Jason Macierowski, Stacy Lord, Robyn Lewis, Casey Hickey, Samantha & Paul Sorrentino, Andrea Lettic, and Tina Zlody. Tina Zlody presented an autographed stART in the Street book to the Mayor.

Mayor Petty read a Proclamation declaring October 2013 as Domestic Violence Awareness Month. He had it presented to Zaida Gonzalez.

Councilor Rushton moved to suspend the rules to allow a video to be played regarding “Back on My Feet”. Rules were suspended on a voice vote. The video was found on You Tube and it shows an inspiring story as to how a community developed a program to aid in the relief of homelessness. Councilor Rushton felt this program Back on My Feet’s Core mission dovetails the city’s agenda for homelessness and would be a valuable tool.

Mayor Petty recognized the following speakers:
1. Chris Horton, Worcester resident
2. Jerry Powers, Worcester resident
3. John Provost, Worcester resident
4. Terry Kelly, Worcester resident
5. Valerie Gardner, Worcester resident
6. Cynthia DeBoise, Worcester resident
7. Jo Hart, Worcester resident
8. Diana Biancheria, Worcester resident

Mayor Petty recognized Michael Frye, from Boy Scouts Troop 7 Liberty Church in Shrewsbury, who was present to work on his citizenship badge.

Marco Rodriguez request the sidewalk in front of 6 Stevens Rd. be repaired.

Pamela Lemieux request the sidewalk in front of 43 Longfellow Rd. be repaired, as roots from a tree in front of the property have damaged the entire area, including a sewer line.

Attorney Brian Falk on behalf of ISM Holdings, Inc. request the abandonment of the sewer easement at 725 Grafton Street.

Councilor Tony Economou on behalf of residents of Rollinson Rd. request Rollinson Road's street and sidewalks be resurfaced.

Councilor Tony Economou on behalf of residents of Calumet Ave. request Calumet Ave. be resurfaced.

Councilor Tony Economou on behalf of residents of Greendale Ave. request Greendale Avenue's street and sidewalks be surfaced.

Councilor Tony Economou on behalf of Carlos Perez request berm repair at 128 Newton Ave. North.

Margaret Nelson request the sidewalk in front of 40 Otsego Rd. be resurfaced.

John Sullivan request abatement of street assessment #25059 in the amount of $19,518 for Eames Rd.

Councilor Kathleen M. Toomey request to repave Clover Street in the vicinity of South Ludlow Street.

Phyllis Bilazarian request to install Resident Sticker Parking in South Flagg St. from the corner of Hadwen Rd. to Claridge Dr.

Councilor Kathleen M. Toomey request all flashing pedestrian lights at 181 Lake Avenue be upgraded to the newest technology, as well as upgrading existing pedestrian crossing signage.

Gloria Piers request handicap parking space be installed across from 6 Normal St.

Madeline and Henry Martin request City Council to agree that the Law Department should not seek to dismiss the appeal for the decision from the Zoning Board of Appeals regarding 26-28 Northboro St.

Virginia Ryan request City Council request the City Assessor to send out with the third quarter city tax bill an informational sheet containing a list of all available tax exemptions and also include a brief description of the MA Senior Circuit Breaker tax credit.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Clerk invite representatives from the Division of Banks and the Attorney General's Office to a future meeting of the Standing Committee on Economic Development to discuss the foreclosure mediation process.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager provide the City Council with the most recently developed Foreclosure Mediation Ordinance based on best practices nationally incorporating the ordinance being implemented in the City of Lynn, MA and recommendations of the Worcester Area Foreclosure Task Force.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Commissioner of Public Works and Parks to install driveway clearance signage at the driveways of 81 and 87 Lakewood Street.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief to incorporate driveway clearance enforcement into the course of routine patrols.

Request City Manager request the Director of Human Resources post municipal job openings on channel 12 and 13. (Toomey)

Request City Manager request the Police Chief to establish a pedestrian/motor vehicle sting at Chandler and Main Streets. (Toomey)

Request City Manager report on any and all criminal activity in the MidTown Mall in the past 12 months. (Lukes)

Request City Manager and Commissioner of Public Works & Parks disclose time line and funding for the creation of the new passive park at Mattson Rd on Indian Lake. (Economou, Palmieri)

Request City Manager and Commissioner of Public Works & Parks come forward with a "best practices" policy and a way to notify property owners, both business and residential, as to who is responsible of clearing snow for access to crosswalks. (Economou, Rivera)

Request City Manager and the Chief Development Officer create a master plan for the under-utilized Higgins Industrial Park if possible in the next fiscal budget. (Economou)

Request City Manager update City Council concerning the implementation of the City of Worcester Responsible Employer Ordinance and on how the actions of the city of Quincy will impact the city of Worcester’s ordinance. (O'Brien)

Request City Manager report to City Council concerning the cost of implementing priority traffic signalization, and, if found feasible, how long it might take to implement. (Germain)

Request City Manager provide estimates, including the "cadillac tax" already reported, of the cost of the implementation of the Affordable Care Act or Obama Care. (Lukes)

Michael V. O'Brien, City Manager, transmitting communication relative to the status of the improvement project at Institute Park.

Michael V. O'Brien, City Manager, transmitting communication recommending One Hundred Seventy Two Thousand Dollars and No Cents ($172,000.00) be transferred from Account #900-92000, and be appropriated to Account #500-91000, Worcester Public School Salaries, to fund school salaries, to address his commitment concerning the FY2014 "Net School Spending".

That the City Council of the City of Worcester does hereby support House Bill 53, the Active Streets Bill that will help the Commonwealth reach the goal set by MassDOT to triple the number of walking, cycling and public transportation trips by 2030 while simultaneously decreasing greenhouse gas emissions and increasing physical activity. (Toomey, Eddy, Economou)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Recommend Adoption of the Revised Vacant/Foreclosing Properties Ordinance, Chapter 9, Section 14: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Kathleen M. Toomey on behalf of Claire O’Connor request abatement of street assessment #25113 in the amount of $31,976.72 for Tyson Rd: recommend adoption of the accompanying Order for partial abatement resulting in a new assessment of $22,227.72.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Binh Phan request to make public the portion of Beaver Brook Parkway from Maywood St. to Thayer St. : recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Wing Kwan request to make public the private portion of High Ridge Rd: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of John & Elaine Sandberg request to extend city sanitary main to service house at 33 Havana Rd.: recommend Petition be referred to Planning Board.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Kris & Wayne Burgess request private street conversion of Glendale St: recommend Report and Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petitions of Madeleine & Martin Moreno, James Trapini, Kristen & Thomas Miranda, Ivonete Askew, William Richardson, Michelle Ferreira, Roger Wiseman, Barbara Williams, & Rita Melia request the City of Worcester to acquire , improve, layout, and decree a public way along and within the bounds of the existing 30 ft. wide common driveway known as Patriots Landing that serves certain residential properties along Plantation St. & Wigwam Hill Drive: recommend Report and Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Sheila Bissonnette request to widen Lake Ave. North from house #175 up to and including the portion of Natural History Dr. ending at Plantation St.: recommend Report and Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Donald Perron et al request the City reopen an eight to ten foot portion of the former right of way to Lake Quinsigamond at the Bridle Path pumping station: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Audrey Richardson et al request private street betterment for Rebboli Rd: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mr. & Mrs. Paul Healy et al request private street betterment for Ronald Dr: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Order of Councilors Philip P. Palmieri, Frederick C. Rushton, Barbara Haller and Michael J. Germain - Request City Manager consider adjusting the annual allocation of street resurfacing funds from a the current 50/50 split between residential and arterial streets and allocate to a different figure to be determined: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Nicholas Bello request to make public the private portion of Ideal Rd: recommend Report and Petitioner be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Prosper Kemeh, et al request the private portion of Bellvista Rd. be made public: recommend Report and Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Linda Terra De La Nuez request to make public Ferraro St: recommend Report and Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Christine Lynch request to make public Wendover Rd: recommend Report and Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor George J. Russell request installation of "Go Slow Pedestrian Crossing" and speed limit signs in the vicinity of 337 Greenwood St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Marion Pacheco request installation of handicap parking space in front of 22 Minthorne St.: recommend the Petitioner be given leave to withdraw.

That the tax levy loan order for Landfill Monitoring Funds in the amount of Fifty Thousand Dollars ($50,000.00), approved and ordained by the Worcester City Council on July 20, 2010, be rescinded in its entirety. This action has become necessary since the project was funded with tax levy funds.

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)

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)

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 Mayor Joseph M. Petty - Request City Council to recess to Executive Session for the purpose of discussing pending litigations. (Tabled - Petty April 2, 2013)

ORDER of Councilor Joseph C. O'Brien - Request City Council request the Mayor consider appointing a working group to create a policy recommendation for the City Administration with regards to establishing priorities for the expenditure of future Community Development Block Grant federal funds allocated to the City of Worcester. (Tabled - Petty August 20, 2013)

ORDER of Councilor Joseph C. O'Brien - Request City Manager provide City Council with a brief report concerning the process for insuring compliance with local and state laws in regards to all construction projects funded with city funds. (Tabled - O'Brien September 17, 2013)

COMMUNICATION of City Clerk transmitting communication relative the re-activation of the Student Poll Worker Program and the process to become a Student Poll Worker. (Tabled - Petty September 24, 2013)

Motion Rushton @ #6c CC – Request City Manager request his administrative staff look into the “Back on My Feet” program and apply to become a potential partner with them and use this as a tool to reduce Homelessness.

Motion Toomey @ #8o CC – Request City Manager broadcast an informational program relative to available tax exemptions on local television channels.

Motion Toomey at #11a CC – Request City Manager find a sponsor to fund the installation of an official flag pole in Institute Park and report to City Council the outcome.

Motion Russell @ #13a CC – Request City Manager provide to City Council with a report regarding Worcester’s foreclosure rates and report the number of foreclosure petitions that have been made this year versus the past six years.

Motion Palmieri – Suspension of Rules – Request City Manager request the Police Chief to address the public safety concerns regarding the traffic backing up into Belmont St. at Plantation St. during peek traveling hours.

Motion Rivera – Suspension of Rules – Request City Manager address the issue of overgrowth in the area of Beacon Street and the cross streets from Charlton St. to Hammond St.

PETITION – Councilor Sarai Rivera request the installation of a 4 way Stop at Beacon St. and Hammond St.

Motion Rivera – Suspension of Rules – Request City Manager find out what happened to the Green Island Signs and consider having them reinstalled.

PETITION - Councilor William J. Eddy on behalf of Tatnuck Magnet School request installation of new crosswalks and handicap ramps at Copperfield Rd. and Pomona Rd.

PETITION - Councilor William J. Eddy on behalf of Tatnuck Magnet School request installation of new crosswalks and handicap ramps at Copperfield Rd. and Pleasant St.

Motion Eddy - Suspension of Rules - Request City Manager request the Commissioner of Public Works & Parks review the potential installation of a School Zone in Cooperfield Rd. adjacent to Tatnuck Magnet School.

PETITION - Councilor William J. Eddy on behalf of Tatnuck Magnet School request installation of “School” advisory signs in Copperfield Rd.

Motion Eddy – Suspension of Rules – Request the Police Chief set up speed advisory equipment in Copperfield Rd. before the approach to the Tatnuck Magnet School.

PETITION - Councilor William J. Eddy request “Blind Driveway” and “20 MPH Advisory” signs be put up across from the driveway at 62 Rich St in the vicinity of 61 Rich St.

PETITION - Councilor William J. Eddy request installation of “Go Slow” children advisory signs in Rich St. at Tiverton Parkway.

PETITION - Councilor William J. Eddy request Forestry review the status of three trees located at 28 Brewster Rd.

Motion Eddy – Suspension of Rules – Request City Manager contact Bank of America regarding the status of 7 Drexel St. and request maintenance of said property.

PETITION - Councilor William J. Eddy request installation of catch basin in the vicinity of 17 Drexel St. at the intersection of Drexel St. and Nordica St.

PETITION - Councilor William J. Eddy on behalf of Mary Tangney request sidewalk repair in front of 85 Beaconsfield Rd.

PETITION - Councilor William J. Eddy request Forestry to cut back the overhanging trees in the ravine between Beaconsfield Rd. and Chesterfield Rd.

PETITION - Councilor William J. Eddy on behalf of Kathleen Lampinen request guardrail repair at 10 Chesterfield Rd.

PETITION - Councilor William J. Eddy request Chesterfield Rd. be resurfaced.

Motion Eddy – Suspension of Rules – Request the Police Chief conduct speed enforcement at the top of Beaconsfield Rd.

Motion Eddy – Suspension of Rules – Request the Mayor contact the Worcester Public Schools concerning dumpster services at 5:00 A.M.

PETITION - Councilor William J. Eddy request construction of sidewalks in the May St. side of Chandler Magnet School.

Motion Eddy – Suspension of Rules – Request City Manager request the Commissioner of Public Works & Parks measure the public portion of Brigham Rd. and mark said measurement on the public street.

PETITION - Councilor Tony Economou on behalf of Francis Rushford request removal of resident permit parking on Beverly Rd. from Lincoln St. to Varney St.

PETITION - Councilor Tony Economou on behalf of Anthony Polito request two (2) trees be replanted in front of 236 Beverly Rd., one between the two driveways and one in front of the house.

PETITION – Councilor Kathleen M. Toomey and Councilor Philip P. Palmieri request the Commissioner of Public Works & Parks install a crosswalk at the intersection of Millbrook St. and West Boylston St.

Motion Toomey – Suspension of Rules – Request City Manager request the Police Chief enforce existing laws and regulations regarding scooter and motor bikes.

PETITION – Councilor Kathleen M. Toomey request installation of an audible pedestrian signal at Foster and Front Streets as soon as possible because there are citizens who work in the area who are blind.

Motion Toomey – Suspension of Rules – Request City Manager in collaboration with the Chamber of Commerce to consider a marketing plan to highlight the affordability of housing and commercial properties in Worcester and as a recent report has shown a rapid rise in housing values in many of the towns in the east.