CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 13, 2012

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 8:28 PM

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 23, 2012.

Hearing: NATIONAL GRID for pole location in: MORELAND ST. Granting permission to NATIONAL GRID for pole location in: MORELAND ST.

COMMUNICATION of 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. (Tabled Under Privilege - O'Brien October 23, 2012) (Tabled Under Privilege - Eddy October 30, 2012)

Mayor Petty recognized the following people who spoke to items on the agenda:
1. Ronal Madnick, Worcester Resident
2. Chris Horton, Worcester Resident
3. Dana Remian, Worcester Resident
4. Chris Robarge, Worcester Resident
5. John Provost, Worcester Resident

Maria Gemei request tree to remove the tree in front of 264 Shrewsbury St.

Karol & Barbara Pysk request the sidewalk in front of 49 Perry Ave. be repaired.

Robert Moquin request installation of resident permit parking in Glenwood St.

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.

Alfred DiMauro, Jr. on behalf of Worcester Polytechnic Institute request a designated bus stop area in Washburn Way adjacent to the parking garage for WPI's shuttle bus service.

Steven Chin et al request installation of 15 resident permit parking spaces in vicinity of #20 & #24 Eden St.

David Noyes request the "No Parking Loading Zone" in front of 85 Green St. be removed and replaced with a "15 Minute Parking" zone.

Frances Grigas request the missing 20 mph sign in front of 116 Commonwealth Ave. be replaced with a blinking speed limit sign.

Jay Foley of Foley Engines request "No Dumping" signs be installed on Asylum St.

Jay Foley of Foley Engines request "No Parking signs" be installed on Asylum St.

NATIONAL GRID for a conduit location in: JAQUES AVE.

NATIONAL GRID for conduit location in: RUGBY ST.

NATIONAL GRID for a pole location: BELCOURT RD.

NATIONAL GRID & VERIZON NEW ENGLAND, INC for a joint pole location in: MILL ST.

NATIONAL GRID & VERIZON NEW ENGLAND, INC for a joint pole location in: LINCOLN ST.

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a joint pole location in: PLANTATION ST.

Transmitting Informational Communication Relative to November 2012 Employee of the Month.

Recommend Adoption of a Resolution to File and Accept Funding from the MassDevelopment "Amp It Up - Creating the Next Generation of Workforce for Advanced Manufacturing Campaign."

Transmitting Informational Communication Relative to the City's Small Business Financial Assistance Programs.

Transmitting Informational Communication Relative to Economic Development and Business Attraction/Marketing Efforts.

Recommend Approval of the Alteration of Public Rights of Way at Eaton Place and Mercantile Street within the CitySquare Development Project.

Transmitting Informational Communication Relative to Keep Worcester Clean (KWC) Activity Report for the Month of September 2012.

Transmitting Informational Communication Relative to Tag Day Permits Issued by the Worcester Police Department in 2011 and 2012.

Transmitting Informational Communication Relative to the Constitutionality of Regulating Panhandling While Allowing Tag Day Solicitations to Continue.

Transmitting Information Communication Relative to the Worcester Regional Tobacco Control Collaborative and the Great American Smoke Out.

Recommend City Council Accept with Gratitude a Donation from the Worcester Public Library Foundation for the Operation of the Public Ice Skating Rink on the Worcester Common Oval.

Transmitting Informational Communication Relative to the Worcester Public Schools' Fiscal Year 2014 Budget.

Transmitting Informational Communication Relative to the Commonwealth's Revenue Shortfall for First Quarter of Fiscal Year 2013.

Transmitting Informational Communication Relative to the Francis H. Dewey Charity Trust and the Cy Pres/Henry Harris Trust Fund.

Recommend that Two Hundred One Thousand Two Hundred Twenty Five Dollars And No Cents ($201,225.00) be transferred from Loan Account #91C7343A, Sewer Capital Equipment, when and as received, and be appropriated to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of this equipment per the cash flow procedure.

Recommend that One Hundred Seventy Four Thousand Eight Hundred Ten Dollars And No Cents ($174,810.00) be transferred from Loan Account #91C7313A, Water Capital Equipment, when and as received, and be appropriated to Account #45C703, Water Capital, to allow for the purchase and future payment of this equipment per the cash flow procedure.

Recommend that Eight Hundred Thousand Dollars And No Cents ($800,000.00) be transferred as follows: $100,000.00 be transferred from Water Main Loan Account #91C7132B and $700,000.00 be transferred from Water Main Loan Account #91C7133B, and the total amount of $800,000.00 be appropriated to DPW Account #45C720, Water Mains, to allow for the payment of current and future obligations.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C7411A, Street Construction, Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C7413H, Street Construction, and the total $400,000.00 be appropriated to DPW Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C7152A, Dam Rehabilitation, and be appropriated to DPW Account #41C707, Dam Safety, to allow for the payment of current and future obligations as per the cash flow procedure.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C7412H, Street Construction - CBD, and appropriated to DPW Account #41C762, Central Business District - Street Construction, to allow for the payment of anticipated project obligations per the cash flow procedure.

Recommend that Three Hundred Five Thousand Dollars And No Cents ($305,000.00) be transferred from Loan Account #91C7453D, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction, to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C7390A, Sewer Drainage, and be appropriated to DPW Account #44C761, Surface Drainage, to allow for the payment of current and future obligations.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C732, Water Building Rehabilitation, and be appropriated to Water Account #45C704, Water Building Rehabilitation, to provide funding for pending invoices and anticipated obligations for the rehabilitation of the DPW Building per the cash flow procedure.

Recommend that Thirty Thousand Dollars And No Cents ($30,000.00) be transferred from Loan Account # 91C7413K, North Lake Ave Linear Park, and be appropriated to DPW Account # 41C764, North Lake Ave Linear Park, to allow for the payments associated with this project per the cash flow procedure.

Recommend that Nine Thousand Six Hundred Twenty Three Dollars and Thirty One Cents ($9,623.31) be transferred from Account #29-33007, Damage Settlement Account, and appropriated to Account #2602-92210, Worcester Fire Department Ordinary Maintenance.

Transmitting Informational Communication Relative to the 2012 Festival of Lights Celebration on November 30 at 5 P.M. on the Historic Worcester Common.

Transmitting Informational Communication Relative to Vacancies on Boards, Commissions and Advisory Committees.

Transmitting Informational Communication Relative to the Veterans Day Parade and Ceremony, to be Held on Sunday, November 11, 2012.

Transmitting a letter from the Department of Revenue certifying Free Cash in the general fund as of July 1, 2012 in the amount of $4,284,511, this amount is available for appropriation in fiscal 2013. Free Cash was also certified for the city's enterprise funds and is available in them for expenditure in fiscal 2013 as follows: Water $2,374,068 and Sewer $2,161,700.

Transmitting a memorandum from the Public Employee Retirement Administration Commission (PERAC) addressing the indemnification issue brought to City Council's attention this year at one of City Council's June meeting.

Transmitting information concerning the current composition of the Library Board of Directors and notice of upcoming vacancies effective January 1, 2013.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager request the Commissioner of Public Works and Parks to obtain cost estimates to raise the height of the existing street lights along the park side of Stockton Street so that the lumens extend across to the residential side of the street enhancing safety in the neighborhood.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager request the Commissioner of Public Works and Parks to consider installing spotlights atop the bath house at the Clason Road Beach so that the parking lot is lit during the hours of darkness.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager request the Commissioner of Public Works and Parks to recommend to City Council additional street lighting solutions at the terminus of Clason Road, Stowell Avenue and Sherburne Avenue.

Request City Manager request the Commissioner of Public Works and Parks or the Police Chief to conduct a traffic study in Jones Street using the miles-per-hour board and rubber strips. (Russell)

Request City Council develop a process for citizens applying for appointment to the Library Board of Directors. (Lukes)

REPORT OF THE PLANNING BOARD Upon the petition of Councilor William J. Eddy on behalf of the Diocese of Worcester and residents of Spaulding St. request Spaulding St. be made public.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Mayor Joseph M. Petty and Councilor William J. Eddy request street lights be installed on poles #4,5,8,9,10,11,12,13 and 14 in Fourth Street: recommend adoption of the accompanying Order to install street lights in Fourth St. on poles number 5, 7, 9,11 and 13.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor William J. Eddy request install a street light on pole #55 at 361 Mill St: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Cynthia Willis request a street light be placed at the intersection of Arline and Whipple Sts: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Tony Economou request installation of a street light at the end of Clason Rd: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Tony Economou request the installation of a street light in front of 34 Brookshire Rd: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Minh Nguyen request to relocate the street light in front of driveway at 587 Southbridge St: recommend adoption of the accompanying Order to relocate streetlight on pole #61 in front of a driveway at 587 Southbridge St. at a cost not to exceed $1,500.00 per Chapter 12, Section 14 (b).

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Dorothy Kelley et al request re-installation of the street light at the corner of Chandler and Fiske Sts: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor William J. Eddy and Councilor Joseph M. Petty request installation of three (3) street lights on Mayfield St. from Chandler St. along side of Beaver Brook Park and Ted Williams Little League: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Steven Chin et al request to install additional street lights in Eden St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Konstantina B. Lukes request street lights on south side of Highland St. at West St. be repaired: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Barbara G. Haller request street light installation on 2 existing electrical poles on Sutton Lane, in the interest of public safety: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Konstantina B. Lukes request repair of four street lights in the area of 25 Courtland St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor William J. Eddy on behalf of Dennis Scheffler request repair of street light in Prouty Lane that was damaged by an automobile: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor George J. Russell request the street lights at 88-90 Providence St. be corrected: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Kathleen M. Toomey request street light repair on pole #7 at 41 Chatham St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Kathleen M. Toomey request street light repairs at the intersection of Irving and Chandler Streets: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Kathleen M. Toomey request street light repairs to ornamental light poles in Irving Street near the intersection of Austin St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Kathleen M. Toomey request street light repair on the pole opposite house #36 in Irving St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Kathleen M. Toomey request street light repair to pole # 16 in Chestnut St. Extension: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Tony Economou request street light repair at the corner of Ararat St. and Roby St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Tony Economou request repair of street lights at the intersection of Grove Street and Holden Street, three lights in total; two opposite 2 Holden Street on Grove Street and one just south of 2 Holden street on the east side of the street: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor William J. Eddy request repair of street light at pole #7.14 on Fourth St: : recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor William J. Eddy request street light repair at the 2nd pole on the left in Chiltern Hill North: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Marek Golemo request light pole in front of 78 Heywood St. be moved: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor William J. Eddy request Commissioner of Public Works & Parks take a look at and repair the street lights in front of Doherty Memorial High School in Highland St. between Park Ave. and Newton Sq: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Marie Simone request street light be installed at the end of East Park Terrace: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Iris Viera request installation of handicap parking space in front of 27 Arlington St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Guiseppa Girardi request installation of handicap parking space across from 252 Pilgrim Ave. : recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Ovidio Coto request handicap parking space in front of 261 Tacoma St. be removed and install it at 134 Tacoma St.: recommend passage of the accompanying proposed Ordinance to install Handicap Parking in front of 134 Tacoma St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Ronald DeCola on behalf of Brady Sullivan Worcester Properties, LLC request the prohibition of parking on Jackson, Beacon and Hermon Sts, in and around the area of the Junction Shop Mill be rescinded.: recommend passage of the accompanying three (3) Ordinances.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of John Kacevich request to install a permanent winter parking ban from November to April on the even numbered side of South Ward St.: recommend passage of the accompanying proposed Ordinance for a permanent standard Winter Parking Ban from December 1st to April 1st.

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. (Tabled Under Privilege - Rivera October 30, 2012)

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 O’Brien @ 10.13A CM - Request City Manager report on the number of injuries and incidents occurring during tag days.

Motion O’Brien @ #10.13A CM - Request City Manager report on what existing laws are in place regulating aggressive behavior by panhandlers.

Motion O’Brien @ #10.13A CM - Request City Manager report what can be done by our Social Service Agencies to further help panhandlers.

Motion Lukes @ #10.13A CM - Request City Solicitor report if a Panhandling Law is instituted, including tag day prohibition, whether the City Council would be able to waive the enforcement to allow Social Service Agencies, Charitable Groups and baseball teams to conduct tag days; further request to report any impact there would be if it was decided to have a waiver policy built into a Panhandling Ordinance.

Motion Rivera @ #10.13A CM – Request City Manager have the Department of Public Health and Social Service Agencies involved in the discussions concerning panhandling and report what practices are in use in other cities.

Motion Russell @ #10.13A CM - Request City Manager report the percentage of panhandlers that are conducting it as a business and not receiving any social services.

Motion Germain @ #10.13A CM - Request City Manager report what impact, if any, would the Panhandling Ordinance have on soliciting in privately-owned shopping centers.

Motion Lukes @ #10.4A CM - Request City Manager report, after one year, the effectiveness of the “Amp It Up” Program.

Motion Toomey @ #10.4B CM - Request City Manager provide members of City Council with business cards of staff in the Economic Development Office and the Business Assistance Program Division so the Councilors might help in promoting services available.

Motion Russell @ #10.4B CM - Request City Manager broaden the description of neighborhoods to include Grafton Hill District.

PETITION - Councilor George J. Russell request all Resident Permit Parking be removed on Pilgrim Ave, from Grafton St. to Dead End.

PETITION - Councilor Kathleen M. Toomey request a crosswalk be installed at the intersection of Vernon St. and Hillside St.

Motion Rivera - Suspension of Rules - Request City Manager provide an update of the phone booth issue at the corner of Chandler St. & Murray Ave.

Motion Rivera - Suspension of Rules - Request City Manager provide an update on the request for speed & traffic control on Beacon St., specifically Oread & Beacon Sts. and Hammond & Beacon Sts.

PETITION – Councilor Philip P. Palmieri on behalf of Douglas Rawan request that Ayrshire Rd. be repaved.