CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 28, 2013

Esther Howland Chamber

Convened: 7:14 P.M.

Adjourned: 8:25 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 May 14, 2013.

Hearing: CHARTER COMMUNICATIONS for conduit location in: COPLEY ROAD Granting permission to CHARTER COMMUNICATIONS for conduit location in: COPLEY ROAD

John Ellis request to rescind handicap parking space in front of 11 Morningside Rd.

Jeanne Gauthier request enforcement of the No Parking restrictions in Nelson Place near Nelson Place School and installation of "Do Not Block Driveway" signs.

Councilor George J. Russell on behalf of Joseph Aromando request that the 30 MPH speed limit in Fairmont Avenue between Grafton Street and Bedford Avenue be enforced.

Councilor George J. Russell on behalf of Joseph Aromando request the re-installation of the following signage that have been lost during reconstruction: One Thickly Settled sign in the vicinity of 236 Fairmont Avenue and One Go Slow Children sign in the vicinity of 208 Fairmont Avenue

Councilor George J. Russell on behalf of Joseph Aromando request the installation of one handicap parking space in front of 236 Fairmont Ave.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request City Solicitor to provide a legal opinion to the City Council concerning its ability to levy a small surcharge on Worcester venue event tickets that would allow for the funding of public art projects.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report as to where Animal Control Officers are embedded within the Police Department and further, request the City Manager consider giving protected benefits to Animal Control Officers similar to Police Officers. (Rushton)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a detailed report that includes maps regarding fire response times through out the city for the past three (3) years. Further, request the report include response time statistics for other first time responders such as EMS and police. (Rushton, Petty, Lukes)

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report within three (3) months that provides suggestions from the Director of Communications as to what other protocols or strategies can be used to keep dispatchers on staff longer. (Lukes)

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request Commissioner of Public Works and Parks to view the Ricciardi property on Zoar St. and recommend solutions.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request Commissioner of Public Works and Parks to consider deploying smaller capacity snow plowing equipment to Lauf St.

Request City Manager provide City Council with an employment chart by department that reveals the city or town of residence for those employees at the time of being hired in Fiscal 2010, 2011 and 2012 as compared with those same employees' city or town of residence for the current fiscal year. (Petty, O'Brien)

Request City Manager recommend to City Council an expansion of the residency provisions in the existing city ordinances that prospectively enhances Worcester residency for future non-represented and represented City of Worcester employees noting in said report the various collective bargaining units with whom negotiations will be required before enactment. (Petty, O'Brien)

Request City Manager request the Commissioner of Public Works and Parks to establish a policy to notify residents before any tree planting in their respective neighborhoods commences, the scope of any tree planting program, that the trees be planted in the City's right of way and that residents be informed of the options available to them concerning planting, location and species. (Economou)

Request City Manager request the Commissioner of Public Works and Parks to report the status of the request to allow residents of Hillcroft Avenue to plant certain shade trees under power lines on their street and at their own expense. (Economou)

DECREE TO MAKE PUBLIC: PINELAND AVENUE

DECREE TO MAKE PUBLIC: WHITLA DRIVE

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to "Worcester by the Numbers: Economy and Jobs".

That the City Council of the City of Worcester hereby recognizes Dr. C. Vera, owner and Tuck and Tuck, architects, for their pursuit of excellence of new design with sensitivity to a historic setting at 41 Lancaster Street and to Tuck and Tuck as the recipients of Preservation Worcester's Urban Design Award. (Lukes)

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Donald J. O'Neil, on behalf of Goldstar Builders Inc. request to amend zoning map by changing the zoning classification of two parcels of land at 169 Grand and 179 Grand St. from ML-2.0 to BL 1.0 by extending the BL 1.0 zone on the opposite side of Grand St. northerly to encompass both parcels.

REPORT OF THE PLANNING BOARD Upon the Petition of Krzysztof Gasiorski request to make public Baltic Rd.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to a Report Concerning Art in the Park, Worcester: 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 Fiscal Year 2014 Water and Sewer Rate Recommendation: recommend passage of the accompanying two proposed Ordinances.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Sharon & James Ricciardi request abatement of street assessment #24985 in the amount of $2,726.40 for Echo St: recommend adoption of the accompanying Order for a partial abatement resulting in a new assessment of $1,090.56.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Vrej Askanian et al request Curtis St. be repaved: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Deborah Ostrow request installation of permanent trash receptacle in the area of 200 Lovell St: recommend adoption of the accompanying Order to install a permanent trash receptacle in the area of 200 Lovell St., subject to the signing of a compliance agreement with the Petitioner.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Committee on Traffic & Parking Upon the Petition of Jay Foley of Foley Engines request "No Dumping" signs be installed on Asylum St: recommend adoption of the accompanying order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Revised Private Street Conversion Brochure: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Councilor Frederick C. Rushton request Wendover Rd. be converted to a public street: recommend Report and Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Diane & Richard Markowski request to move the hydrant in front of 73 Paine St. to its previous location: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Kathleen M. Toomey request a "No Dumping" sign be installed in Asylum St: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Chairman's Order from the Committee on Traffic & Parking - Request City Manager request the Standing Committee on Public Works to consider the installation of a guardrail in front of 75 Flagg Street: recommend Chairman's Order be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Chairman's Order from the Committee on Public Works requests sewers be installed in Pine View Ave, from Carleton St. to Vivian St: recommend Report and Chairman's Order be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Chairman's Order from the Committee on Public Works requesting sewers to be installed in Carleton St: recommend Report and Chairman's Order be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Chairman's Order from the Committee on Public Works requesting sewers be installed in Vivian St: recommend Report and Chairman's Order be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Sharon & James Ricciardi request abatement of street assessment #25024 in the amount of $10,951.20 for Zoar St: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jon Juhl, Partner of Stutman-Juhl Realty, LLC, request installation of an adequate number of trash receptacles with continuous maintenance of them for the basketball court that abuts 122 Piedmont St: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor William J. Eddy on behalf of Joyce Thienel request repair or replacement of damaged berm caused by plowing in front of 2 Lauf St: recommend Petition be denied.

COMMUNICATION of the City Manager transmitting Informational Communication Relative to an Update on MSBA Funded Projects (Tabled - O'Brien May 21, 2013)

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)

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)

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 and January 15, 2013)

COMMUNICATION of the City Manager transmitting informational communication relative to a request for an amendment to the Ordinances Concerning Foreclosure Mediation dating to October, 2012. (Tabled - Rivera April 2, 2013)

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

COMMUNICATION of the City Manager transmitting informational communication relative to a Report on City Employee Demographics. (Tabled - Rivera March 12, 2013)

Motion Palmieri @ #10a & 10b CC – Request City Manager request the City Solicitor provide a report regarding the legal ramifications for expanding the existing residency ordinance.

Motion Russell @ #10a & 10b CC – Request City Manager consider giving incentives to employees to live in and be owners of housing units in Worcester with a 5-6 years minimum residency requirement.

Motion Toomey @ #10a & 10b CC – Request City Manager review existing housing incentives and initiate a marketing plan to improve participation.

Motion Lukes @ #12a CC – Request the Mayor invite Dr. Vera and architects, Tuck and Tuck, to an upcoming meeting to recognize their work publicly and present them with a Key to the City and a certified copy of the May 28th Resolution.

Motion O’Brien @ #16a CC – Request City Manager, in advance of the capital budget consideration, provide a schedule showing over time expected debt service for already bonded and built projects and expected reimbursement and show where potential opportunities could occur for new projects. Mayor Petty moved to amend to include Nelson Place School. projections Councilor Rushton moved to amend: Further, request the schedule include payments for all debt services not just for construction.

Motion Rivera @ #17f CC – Request City Manager provide an update relative to amending the ordinances concerning foreclosure mediation.

Motion Toomey – Suspension of Rules – Request City Manager provide a timeline for the water pipe installation project in Lake Ave. Further, request City Manager develop a policy to notify residents of impending construction projects.

Motion Toomey – Suspension of Rules – Request City Manager work with Mass DOT and have a traffic study conducted at the intersection at Rte. 20 and Sunderland Rd. and provide accident reports.

Motion Toomey – Suspension of Rules – Request City Manager have the appropriate staff address the pot holes in Ellis Dr.

Motion Toomey – Suspension of Rules – Request City Manager have the Commissioner of Public Works provide a report as to how installation of sewers in Knapp Ave. were approved and assessed.

PETITION – Councilor William J. Eddy request Walnut Hill Drive resurfaced.

PETITION – Councilor William J. Eddy request curb and berm repair at 176 Moreland St.

Motion Eddy – Suspension of Rules – Request City Manager provide an update of the Bennett Field Master Plan that includes impediments, cost hurtles regarding implementing the repair of the wall, field, and parking lot.

Motion O’Brien – Suspension of Rules – Request City Manager provide City Council within seven days an electronic copy of Springfield’s Host Agreement with MGM Resorts International. Councilor Lukes to amend: Further, request City Manager also provide any other host agreements from other communities.

Motion O’Brien – Suspension of Rules – Request City Manager request Rush Street Gaming provide an update concerning the status of the ongoing labor disputes in Philadelphia and Pittsburgh.

Motion O’Brien – Suspension of Rules – Request City Manager require Rush Street Gaming provide a detailed breakdown of wages at its three US Casinos by job classification as well as detailed information on the number of people receiving health care and retirement benefits. Further, request the report include the employer’s contribution to these plans and the employee’s responsibility/contribution for these plans.

Motion O’Brien – Suspension of Rules – Request City Manager request Rush Street Gaming to provide a detailed plan on how they will be meeting the labor harmony provision of the state gaming legislation.

Motion Rivera – Suspension of Rules – Request City Manager have the yellow blinking light in front of 1050/1060 Main St. be changed to a solar light.

Motion Palmieri – Suspension of Rules – Request City Manager have the appropriate staff repair the cyclone fence at Grant Square Park.

Motion Palmieri – Suspension of Rules – Request City Manager have the appropriate staff resurface the basketball court at Holland Rink as soon as possible.

Motion Palmieri – Suspension of Rules – Request City Manager report why the neighborhood and district councilors were not notified when sober houses/social service institutions were established in the Northampton St. area. Further, request City Manager provide a map depicting all the social service institutions located in the lower Lincoln St. area.

Motion Rushton – Suspension of Rules – Request City Manager request the School Administration move the bus stop in vicinity of 1282 Pleasant St. so that students would not have to cross four lanes of traffic to get their buses.

Motion Rushton – Suspension of Rules – Request the City Manager report as to whether or not making Elm St. a two way street from Lancaster St. and Chestnut St. is feasible.

Motion O’Brien – Suspension of Rules – Request the City Manager request the City Solicitor report as to whether a cap on campaign spending can be included in the host agreement with Rush Street Gaming.

Motion Toomey – Suspension of Rules - Request the City Manager conduct a traffic study to determine if Temple St. can be made a two way street.

Motion Toomey – Suspension of Rules - Request the City Manager request the crosswalk in Russell St. and William St. be realigned with curb ramp.

Motion Palmieri – Suspension of Rules - Request the Mayor send a letter to the Executive Director of the Worcester Housing Authority to recognize the work he and his staff have done to reduce the crime rates.