CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 13, 2012

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 9:40 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 February 14, 2012.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND INC. for a joint pole location: ROBIN ROAD

Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND INC. for a joint pole location: ROBIN ROAD

In accordance with Rule 41 of the Rules of City Council, Councilor Philip P. Palmieri hereby requested reconsideration of the vote of City Council taken on February 28, 2012 relative to an ORDER of Councilor Michael J. Germain, Councilor William J. Eddy, Councilor Frederick C. Rushton, Councilor Tony Economou, Councilor Joseph C. O'Brien, Mayor Joseph M. Petty and Councilor Kathleen M. Toomey - That the City Council of the City of Worcester does hereby prohibit the City Clerk and Assistant City Clerk from retaining fees collected for the solemnization of marriages performed at City Hall or any other city property during regular business hours; and shall collect the statuary fees for the solemnization of marriages performed at City Hall during regular business hours and remit those fees to the City Treasurer for deposit as a General Fund receipt; and this shall take effect on July 1, 2012 and shall remain in effect until revised or repealed by order of the City Council.

In accordance with Rule 41 of the Rules of City Council, Councilor Philip P. Palmieri hereby requested reconsideration of the vote of City Council taken on February 28, 2012 relative to an ORDER of Councilor Michael J. Germain, Councilor William J. Eddy, Councilor Frederick C. Rushton, Councilor Tony Economou, Councilor Joseph C. O'Brien, Mayor Joseph M. Petty and Councilor Kathleen M. Toomey - That the City Council of the City of Worcester, effective July 1, 2012, increases the salary of City Clerk David J. Rushford from $60.14 per hour ($2,405.60 weekly; $125,520.77 annually) to $64.93 per hour ($2,597.20 weekly; $135,518.18 annually); and, Be it Furthered Ordered that the City Council, effective July 1, 2012, increases the salary of Assistant City Clerk Susan M. Ledoux from $31.74 per hour ($1,269.60 weekly; $66,245.91 annually) to $33.41 per hour ($1,336.40 weekly; $69,731.44 annually). (Tabled - Germain February 14, 2012)

Mayor Petty acknowledged the presence of Boy Scout Troop 54, from Epworth United Methodist Church, who are present to earn their Citizenship Badge.

Mayor Petty read a Proclamation declaring March 13, 2012 as Herbert H. Adams Day and had the Proclamation, Resolution and a Key to the City presented to him for dedicated service to country and community. City Manger O'Brien thanked Mr. Adams for all he did for our country and for all he still does for his community. State Representative John Mahoney read and presented a letter of recognition from the State Legislature. Parks Director Antonelli made a presentation from the Parks and Recreation Commission. Councilor Economou on behalf of Congressman James McGovern presented a flag flown over the nation's Capitol on Feb 27, 2012, a certificate of authenticity and a copy of an entry made into the Congressional record. Councilor Rushton stood to point out to Boy Scout Troop 54, who were present, that Mr. Adams is the embodiment of Citizenship.

Steven Gallo of Arboretum Village, LLC, request private street conversion of Sophia Drive.

Steven Gallo of Arboretum Village, LLC, request private street conversion of Lilac Lane.

Steven Gallo of Arboretum Village, LLC, request private street conversion of Pearlbrush Path.

Pat Santa Maria on behalf of P.S. and Sons, Inc. request abatement of street assessment #25034 in the amount of $5,600.00 for Camassa Terrace.

Pat Santa Maria on behalf of P.S. and Sons, Inc. request abatement of street assessment #25050 in the amount of $2,156.20 for Nebraska St.

Pat Santa Maria on behalf of P.S. Sons, Inc. request abatement of street assessment #25051 in the amount of $16,710.55 for Nebraska St.

Wesley Swiatlowski request to remove handicap parking space in front of 11 Blanche St.

Richard Minor request installation of traffic lights at the intersection of Salisbury & Forest Sts. especially during commuter hours.

Sharon Frohock request installation of a handicap parking space in front of 63 Airlie St.

Roland Bercume request to install a handicap parking space in front of 50 Bedford Avenue.

William Metterville request to rescind the "Right Lane Must Turn Right" in May St. at Park Avenue heading east.

Lisa Mastrogiacomo request the existing residential permit parking in Gage St. be extended to include #82 Gage St.

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.

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.

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.

Councilor Tony Economou request to install private directional signage to The Willows of Worcester, 101 Barry Rd., at the following three locations: at Lynnwood Lane and Salisbury St., at Barry Rd. and Salisbury St. and at Chester St. and Grove St.

Councilor Tony Economou request to rescind "Right Turn on Red" at the intersection of Lincoln St., inbound, and Country Club Blvd.

Councilor Sarai Rivera request the repainting of crosswalks in Murray Ave. at the entrance of 50 Murray Avenue Apartments and at the intersection of Marble and Main Sts.

Raymond Mariano, Executive Director of the Worcester Housing Authority, request City Council assist the Worcester Housing Authority in resolving concerns relative to the design of the Route 9 bridge in it's relationship to Lincoln Park Tower.

Michael Benedetti request the archived city meeting videos be made available in a more easily accessible format that is shareable, downloadable and embeddable to support increased transparency and openness in government.

Joe Scully request the creation of a public records and data retention policy regarding the use of social media technology to support increased transparency and openness in government.

Christopher Robarge of the American Civil Liberties Union of Massachusetts request City Council support the passage of state legislation to promote freedom of information, open government, and accessible public records, including measures to minimize the costs of accessing public records and improve the use of information technology to make government information publicly accessible.

Jeremy Shulkin request the establishment of an ombudsman or point person to handle all requests by individuals or media outlets requesting information on any city department and that this employee's contact information be easily accessible on the city's website to support increased transparency and openness in government.

Transmitting Informational Communication Relative to the Appointment of Jim Knowlton to the Civic Center Commission.

Transmitting Informational Communication relative to the Worcester Regional Transit Authority's (WRTA) Building Progress at Union Station.

Transmitting Informational Communication Relative to the Economic Development Report Concerning Small Business Recruitment and Retention Efforts.

Transmitting Informational Commmunication Relative to the Quarterly Economic Development Report.

Transmitting Informational Communication Relative to Finance for Housing Developments within the City of Worcester.

Transmitting Informational Communication Relative to a Status Report on the City's Street Light System.

Transmitting Informational Communication Relative to the Spring Sweeping Program for 2012.

Recommend Adoption of a Resolution to File and Accept a MetLife Foundation and Local Initiatives Corporation (LISC) Community-Police Partnership Award.

Recommend Adoption of a Resolution to File and Accept a Department of Justice, Office of Violence Against Women FY 2012 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program Application

Transmitting Informational Communication Relative to the WPD joining CrimeReports.com.

Transmitting Informational Communication Relative to a Petition that Charter Communications' Filed with the Federal Communications Commission (FCC).

Transmitting Informational Communication Relative to the City's Contract with Pat's Towing and Service Center.

Transmitting Informational Communication Relative to Tobacco Vendors and Tobacco Inspections in the City of Worcester.

Request City Council Review, Deliberation and Adoption of the Attached Order Allowing an Increase in the Worcester Public Library Table of Organization.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Residential Property Values.

Recommend that Eight Hundred Thousand Dollars And No Cents ($800,000.00) be transferred from Water Main Loan Account #91C7132B, and be appropriated to DPW Account #45C720, Water Mains to allow for the payment of current and future obligations.

Recommend that Four Thousand Nine Hundred Fifty Dollars And No Cents ($4,950.00) be transferred from Loan Account #91C7802A, Capital Equipment, and be appropriated, when and as received, to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment of much needed equipment.

Recommend that Three Hundred Thirty Five Thousand Four Hundred Twenty Three Dollars And No Cents ($335,423.00) be transferred from Loan Account #91C7342A, Sewer Capital Equipment, and be appropriated, when and as received, to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of this equipment.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) from Loan Account #91C7350A, Sewer Building Rehabilitation, and be appropriated to Account #44C725, Off Season Storage Facility (Sewer), as to allow for contractual construction commitments to be met.

Recommend that Eight Hundred Forty One Thousand Three Hundred Sixty Three Dollars And Seventy Five Cents ($841,363.75) be transferred as follows so as to provide sufficient funding for the Off-Street Parking Program for the Fourth Quarter of Fiscal Year 2012:

Recommend that One Hundred Forty Six Dollars And Sixty Five Cents ($146.65) be transferred from Account #100-91000, City Clerk Personal Services, and be appropriated to Account #150-97000, Election Overtime, to fund cost associated with monitoring elections.

Transmitting Informational Communication Relative to the Fiscal Year 2013 Budget.

Transmitting Informational Communication Relative to Worcester Public Schools.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager provide City Council with a report concerning the caseload of the Animal Control Division of the Worcester Police Department, a history of the highs and lows of staffing levels and how an increase in staff might be deployed.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager provide City Council with staffing levels of Animal Control Departments in cities of similar size to Worcester.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager provide City Council with the number of firefighters who are currently sixty (60) years of age and older.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief enforce the handicapped parking space prohibition in Larch Street at the corner of Winslow Street, the corner clearances in East Shelby Street at Eastern Avenue and the driveway clearance at 56 Beaver Street.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief enforce the speeding and parking prohibitions in Derby Street.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request the Standing Committee on Traffic & Parking consider installing "No Parking" on the entire length of one side of the public portion of Derby Street.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Commissioner of Public Works and Parks to review and refresh the painting of inbound travel lanes in the 1300 block of Main Street.

Request City Manager report on what city employees, including senior citizens work off program participants, elected officials and retirees, are entitled to collect unemployment benefits and what amount of unemployment benefits have been paid to each category of employees in the past three years. (Lukes)

That the City Council of the City of Worcester hereby encourages Senators John Kerry and Scott Brown and Congressman James McGovern to protest any reduction in federal funding in Fiscal Year 2013 directed to the efforts to eradicate the Asian Long Horned Beetle and to replant trees through the USDA and the Massachusetts Department of Conservation Resources. (Economou)

Request City Manager report what steps if any in light of CORI Reform can be taken to review the backgrounds checks of all bidders for City contracts and their employees who will provide services in direct contact with the public and/or City Departments.
(Russell, Economou, Lukes)

Request City Manager report to City Council what steps would be needed through either state legislation or local ordinances to give Worcester businesses a preference on doing business with the City of Worcester. (Russell, Economou)

Request City Manager report to City Council the percentage of city business that Worcester companies receive from city purchases, and further request what efforts are made by the city to reach out to Worcester businesses to encourage them to do business with the City. (Economou, Russell)

Request City Manager request the Commissioner of Public Works & Parks report to the City Council concerning plans to improve the intersection of Holden Street and Drummond Avenue. (Economou)

Request City Manager request the Commissioner of Public Works and Parks provide the City Council with a report and timelines for completion of the subsequent phases of work at Duffy Field for the walking trail and lighting. (Economou)

Request City Manager provide, as previously requested. an update concerning the progress for scheduling a Transportation Summit. (Palmieri)

Request City Manager have a ribbon cutting celebration at Front St. and CitySquare when the demolition has been completed connecting the downtown to Foster St. and Washington Sq. (Palmieri)

Request City Manager request the Police Chief to install speeding surveillance in Murray Avenue to protect elderly, children and disabled individuals as they attempt to cross the roadway amidst the high volume of speeding traffic. (Rivera)

Request City Manager report on all current pending litigation and all settlements and judgments paid and received in the past 18 months. (Lukes)

Request City Manager investigate and correct the drainage problem from the top of the turret which stains the brickwork as well as the drainage that is corroding the exterior stairway on the Salem Street side of the Main Public Library at 3 Salem Square. (Toomey)

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Pedro Toro request handicap parking in front of 81-83 Chandler St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Dorothy Spence request installation of a handicap parking space in front of 16 Blaine Ave.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Rosa Marie Rodriguez request installation of resident permit parking in front of 9 Winslow St. and on the Larch St. side of 9 Winslow St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of Boys & Girls Club of Worcester request to make Tainter St. one-way between Gardner St. and Kilby St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of the John St. Neighborhood request John St., from West St. easterly to North Ashland St. be made one way towards downtown: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Joseph O'Brien and Councilor Barbara G. Haller request John St. be made one way from West to Ashland Sts., consistent with the rest of John St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of Elm Park Community School and in the interest of public safety, request North Ashland St. between Highland St. and William St. be made one-way, so that the traffic will move towards William St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey on behalf of Walter Barnard of George Barnard Co. request “No Parking Anytime” be installed on north side of Faraday St. between Lancaster St. and Grove St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of PREP & Associates request the installation of a “No Parking from here to corner" zone in the east side of Hudson Street next to Johnny Mac's Nightclub: recommend Petition be place on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Joseph C. O'Brien request to install “No Parking on the odd side of Murray Avenue from Piedmont St. to the Jacob Hiatt School: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request the installation of a pedestrian crossing signal at the intersection of Pleasant and Bellevue Streets in the interest of elder public safety: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of Frances Anthes, Family Health Center, request crosswalk installation across Chandler St. at 199 Chandler St. in the interest of public safety: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joseph M. Petty request installation of a left-turn lane in Lake Ave. for northbound traffic turning into Oakhurst St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri request signage on Davidson Rd to warn drivers to Slow Down and to drive cautiously because of Children in the area: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of America Rodriguez request a "No Parking" sign near the driveway at 56 Beaver St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey request a Go Slow Children sign be installed on pole #9 on Adelle Circuit: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Ruth Adusei request to install a "Blind Child" sign in the vicinity of 275 Mower St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Joanne Gravel et al request six (6) "Children" advisory signs in Allen St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Report of the Committee on Traffic and Parking Upon the Petition of Councilor William J. Eddy on behalf of Peter & Katy Sullivan request to install a "No Parking during School hours" in front of 1 & 7 Aylesbury Rd.: recommend the Report and the Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Rafael Leon request removal of “No Parking” signs 7am - 9am in front of the Bauhous Salon at 1351 Main St.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joseph M. Petty request installation of Stop Signs at the intersection of Amesbury St. and Oakhurst St. in the interest of public safety: recommend Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri request the installation of a crosswalk in front of the Grove Street veterans’ facility: recommend Petition be denied.

COMMUNICATION of the City Manager transmitting informational communication relative to the Operations of the WPD Police Vehicle Garage. (Tabled - Lukes February 14, 2012 and February 28, 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 TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri and State Representative Vincent Pedone request to install a trailer truck ban in Mulberry St. between Shrewsbury St. and East Central St.: recommend the passage of the accompanying proposed Ordinance. (Tabled - Petty June 8, 2010)

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)

ORDER of Mayor Joseph C. O'Brien - Request City Manager report to City Council concerning the legal authority that college police officers have in patrolling non campus areas of the city and in questioning non-students as part of off campus patrols. (Tabled - O'Brien September 6, 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)

Motion Rushton @ #9t Cc - Request City Manager report to City Council the cost for improving the equipment to provide better quality to public meeting videos.

Motion Rushton @ #10.4A CM - Request City Manager report the efforts Massport is putting into the airport.

Motion Palmieri @ #10.4A CM - Request City Manager report the number of flights Direct Air runs to and from Worcester Regional Airport. (Palmieri)

Motion Rivera @ #10.7A CM - Request City Manager provide City Council with a quarterly report that identifies street lighting problems and the timeline for restoring outages.

Motion Lukes @ #10.13A CM - Request City Manager provide City Council with a copy of the towing contract with Pat's Towing.

COMMUNICATION of Michael V. O'Brien, City Manager, transmitting informational communication relative to the 2011 Wages for City and Worcester Public School Employees.

Motion Economou - Suspension of Rules - Request City Manager with the city's local state delegation see what steps can be taken to amend the Dover amendment to provide local oversight and place a cap on the number of properties that can be removed from the tax rolls.

Motion Lukes - Suspension of Rules - Request City Manager report to City Council if there is any prohibition to requiring a developer to provide equity of at least 20%, excluding the developers fee, on any affordable housing projects, and further, report if there is any prohibition on capping the amount of costs of the construction of any unit so that it is based on the prevailing cost of the private construction costs for a comparable unit in the market.

Motion Palmieri - Suspension of Rules - Request City Manager repair or replace the cyclone fencing around Grant Square Park at Windsor and Northampton Streets.