CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 23, 2012

Esther Howland Chamber

Convened: 7:07 P.M.

Adjourned: 8:47 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 October 9, 2012.

The Mayor presented a Key of the City to John Biancheria to honor his act of bravery at Tatnuck Square on September 13, 2012 by acting proactively in assisting citizens and the police and risking his own safety.

The Mayor presented a Key of the City to Samuel James who is currently a contestant on the Voice and a leading example of local music talent in Central Massachusetts.

Mayor Petty recognized the following persons who spoke:
1. Pheobe Gonzalez, Worcester resident
2. Ed Dubois, Worcester resident

Mayor Petty read a Proclamation declaring October 26, 2012 as Senator Edward W. Brooke Birthday Celebration Day and presented it to William S. Coleman, III.

Mayor Joseph M. Petty request sidewalk repair in front of 8 Trowbridge Rd.

Mayor Joseph M. Petty request sidewalk repair in front of 136 Russell St.

Councilor William J. Eddy request sidewalk repair in front of 4 Barr St.

Julie Nicolazzo request removal of the handicap parking space in front of 14 Suffield St.

Quynh Do request installation of a handicap parking space in front of 15 Stoneland Rd.

Jeffrey Jenkins request a bus stop be installed at the corner of Perkins St. and Lincoln St.

NSTAR for a conduit location: NEWTON AVE. NORTH

NSTAR for conduit location: NORTH ASHLAND ST.

NSTAR for conduit location: DORCHESTER ST.

LIGHTOWER FIBER NETWORKS for conduit locations: CAMBRIDGE AND SOUTH CAMBRIDGE STS.

William S. Coleman, III request City Council join cities and towns across Massachusetts in celebrating the 93rd Birthday of former United States Senator Edward W. Brooke, II on October 26th. Senator Brooke was the first African American elected by vote in the country and he is the oldest living former member of the United States Senate.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the Commissioner of Public Works and Parks to repair the rutted pavement at the intersection of Lake Ave and Sunderland Rd.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the Commissioner of Public Works and Parks to review the excessive run-off of water onto private property from the newly paved roadway between #2 and #4 Woodcliffe Ave.

Request City Manager request the Police Chief to reinstate foot patrols in the Main Street corridor between Chandler and Hammond Streets. (Rivera)

Request City Manager provide City Council with an update concerning the plans to dedicate the plaza at the rear of City Hall in honor of our 35th President, John Fitzgerald Kennedy and plans for the annual award ceremony for public service to the Worcester community. (Petty)

Request the Standing Committee on Municipal Operations conduct at least one public hearing to consider the following proposed changes to the regulations and rules governing livery companies and livery drivers: 1) that livery companies must own and control licenses for livery drivers and that drivers will only be able to have a livery driver's license if they are employed by a livery company, and 2) that drivers who own and operate their own cars, which are licensed livery vehicles, can only operate as liveries if affiliated with a livery company, and 3) that regulations continue to reflect the 2-hour regulations, and 4) that livery companies be required to maintain a physical office with log books and pertinent records, and 5) that a special work order be drafted by the City which livery drivers can produce when required to do so while waiting to pick up customers who have previously placed a pick-up reservation with a livery company at Union Station or the Airport, and 6) that the number of livery car licenses be capped at the current level, and 7) that regulation and oversight for livery cars and drivers be placed under the jurisdiction of the License Commission. (Petty, O'Brien, Economou, Germain, Eddy)

Request City Manager review the feasibility of a version of the Philadelphia Plan as part of the South Worcester Industrial Park recruitment efforts. (Rushton)

Request City Manager provide an answer to previous request to install additional signs with arrows under all Walmart directional signs that guide motorists to Quinsigamond Village stating "Quinsig Village - Shops and Food". (Russell)

Request City Manager request the Commissioner of Public Works and Parks to develop a vegetative spraying program aimed at periodically cleaning up our traffic islands, medians and esplanades along the major arterials. (Petty, Eddy)

Request City Manager provide adequate information regarding finance items submitted on the City Council agenda. (Lukes)

Michael V. O'Brien, City Manager, transmitting informational communication relative to the City's Bond Rating Upgrades.

Michael V. O'Brien, City Manager, transmitting for City Council's review and information a copy of the Housing Market Study, as prepared by RKG Consultants, the Analysis of Impediments to Affordable Housing, as prepared by 12 Community Development Consulting, Inc. and a recommended Housing Strategy, as prepared by the Executive Office of Economic Development.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of 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: recommend adoption of the accompanying Order to abate in full.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Anna Mae Gentile request abatement of street assessment #25049 in the amount of $6,792.03 for Nebraska St: recommend adoption of the accompanying Order for a partial abatement resulting in a new assessment of $2,479.63.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of 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: recommend adoption of the accompanying Order to abate to a new assessment of $5,929.55.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Nick and Maria Tzikas request private street conversion for Aroostook St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Paul O'Rourke request private street conversion of Monmouth Ave: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor George J. Russell on behalf of Elaine Gerardi request street repair of the public portion of Denver Terrace: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor George J. Russell request Alamo St. be resurfaced: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor George J. Russell request Travis St. be resurfaced: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Frederick C. Rushton request the repaving of Atlanta Street due to the pavement being compromised by CSX construction work: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou request the repaving of Germain St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor George J. Russell request resurfacing of the entire length of the public portion of Harold St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor George J. Russell request Indiana St. be resurfaced: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou request resurfacing of Fairhaven Rd: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor William J. Eddy request resurfacing of Chiltern Hill Dr: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor William J. Eddy request resurfacing of Chiltern Hill North Dr: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Kathleen M. Toomey on behalf of Stephen Kaufman request the catch basin problem in the cul-de-sac in front of 120 Orton St. Ext. be addressed urgently: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Kathleen M. Toomey request sidewalk repair for Thorne St. between Orient St. and Wall St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting communication relative to the Abandoned Vehicle Status Report for FY2012: 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 2011 Street Resurfacing 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 the Lake Avenue Sanitary Sewer Overflow that occurred on July 13, 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 Keep Worcester Clean (KWC) Activity Report for the Month of June 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 July 2012: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor William J. Eddy request street resurfacing for Paradox Dr: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor William J. Eddy request street resurfacing for Wentworth St: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor William J. Eddy request street resurfacing for Hunthurst Circle: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor William J. Eddy request street resurfacing for Tristan Court: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor George J. Russell request repair to the road surface at the intersection of Lake Ave at Sunderland Rd: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Betsy Wertheimer et al request street resurfacing of Eunice Ave: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor George J. Russell request Hale St. be resurfaced: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mark Piscillo request to make public Westdale St: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mark Piscillo request to make public Duluth St: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Anna Mae Gentile request abatement of street assessment #25032 in the amount of $2,800.00 for Camassa Terrace: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of 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: recommend Petition be denied.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking opposite 148 Coburn Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 12 Denny St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 7 Shawmut St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 12-A Home St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 8 Mendon St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 193 Chino Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking opposite 40 Lakeside Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 35 Maple Tree Lane.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to prohibit parking on Hawley St. along the basketball courts.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for two hour parking meters in front of 15 Salem St. from 8:00 AM to 9:00 PM Monday to Friday

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to prohibit parking on the west side of Main St. from Marble St. to a pt. 70' north of Marble St.

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 to providing for stop sign at the intersection of Caroline St. and Plantation St facing westbound traffic on Caroline St.

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)

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)

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 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)

PETITION of Ivan Machicote request a freeze to the residential construction project at a lot located at the intersection of Sophia Dr. & Lilac Lane to prevent a continuance of violations that are against the interest of neighboring property owners. (Tabled - Russell August 14, 2012)

COMMUNICATION of the City Manager transmitting informational communication relative to the First Circuit Court's Decision of the Upper Blackstone District's Appeal of the EPA's 2008 NPDES Permit. (Tabled - Lukes August 14, 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 Michael J. Germain - Request City Manager recommend to City Council an ordinance similar to the “Unruly Gathering Ordinance” in effect in Narragansett, Rhode Island in light of the fact that recent enforcement actions relied upon to control gatherings have not resulted in a permanent solution to the problems negatively affecting quality of life in our neighborhoods in close proximity to colleges. (Tabled Under Privilege - Germain September 4, 2012) (Tabled - Germain September 11, 2012)

COMMUNICATION of the City Manager transmitting informational communication relative to the Worcester Regional Research Bureau. (Tabled - Russell September 18, 2012)

Motion Economou @ #5c CC - Request City Manager have the access road between Clason Rd. and Sherburne Ave. be blocked off in an expeditious manner in the interest of public safety.

Motion Lukes @ #9c CC – Request City Manager provide City Council with an update from the Police Chief as to the positives and negatives of taxi/livery services, difficulties in enforcement and what lead to the current need for once again reviewing taxi/livery services regulations.

Motion Russell @ #9c CC – Request City Manager report to City Council the number of issued taxi medallions and of those medallions how many are currently being used, has or has not the number of medallions changed with an increase or decrease of population in the city over the years and is the city being adequately served.

Motion Lukes @ #9d CC – Request City Manager provide City Council with a report relative to granted TIF’s in the last five years that detail whether they have been in compliance and as to how successful job creation has been.

Motion Russell @ #9g CC – Request City Manager improve how City Council documents are formatted online to make it easier to navigate and read.

PETITION – Councilor Kathleen M. Toomey request Westborough St. be repave.

PETITION – Councilor Tony Economou on behalf of Linda Romano request removal of the tree between #106 & #112 Indian Hill Rd.

PETITION – Councilor Tony Economou on behalf of Kathy Lavelle request sidewalk repair for the entire length in front of 38 Laconia Rd.

PETITION – Councilor Tony Economou request sidewalk repair of 20’ section left of driveway at 44 Laconia Rd.

PETITION – Councilor Tony Economou request sidewalk repair of 10’ section left of driveway at 30 Laconia Rd.

PETITION – Councilor William J. Eddy request tree trimming on the even side of Mill St. near the reservoir between June St. and Tatnuck Sq.

PETITION – Councilor William J. Eddy request installation of street light at intersection of Chiltern Hill North and Aylesbury Rd. on the even numbered side.

Motion Russell – Suspension of Rules – Request City Manager expedite the restoration of the street lights in the lower end of Grafton St. which has been left in darkness during the CSX Construction Project.

PETITION – Councilor Frederick C. Rushton request sidewalk repair on the Harding St. side of 64 Water St.

Motion Lukes – Suspension of Rules – Request City Manager inform residents by reverse 911 of tree plantings in front of their homes.

PETITION – Councilor Kathleen M. Toomey request a tree be removed in front of 267 Salisbury St.