CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 18, 2012

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 9:35 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 December 4, 2012.

Mayor Petty recognized the following persons who spoke:
1. Jo Hart, Worcester resident
2. James Broadhurst, Worcester resident
3. William Breault, Worcester resident
4. Ed Moynihan, Worcester resident

John Kurkulonis, Jr. request a barrier be installed at the end of Longmeadow Ave. where it abuts with the back yard of 1 Stratton Rd.

Donna Mooradian request Chiltern Hill Drive be repaved.

Councilor George J. Russell and Councilor Sarai Rivera request that the crosswalk in College Street between Caro Street and the main gate of Holy Cross College be repainted.

Transmitting Auditor's Report for October 2012.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager provide City Council with a comprehensive report concerning the progress in the City of Marlborough and the towns of Natick and Ashland around the topic of the aggregation of electricity purchase by customers in their respective communities.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager provide City Council with a report revealing more details concerning the 15 Coppage Drive property as follows: a.) the number of jobs at this location over the past five years, b.) more data concerning the cost of the building to be constructed, and c.) data concerning the growth potential of the oil and gas cable industry.

Request Commissioner of Public Works & Parks begin the discussion of aquatic placement and construction within District 1. (Economou)

Request City Manager provide an update as to what steps are being taken to market and improve the Pullman St. Industrial Park and what the level of interest has been and feedback from any potential developers to date. (Economou)

Request City Manager, working with the Worcester Redevelopment Authority, explore the feasibility of taking the Wyman – Gordon property on Madison Street and throughout the Kelley Square area by eminent domain for public purposes and/or explore the feasibility of taking said property as a demonstration project under urban renewal regulations for economic development purposes. (Petty, Palmieri, Germain, Eddy, Rushton, Economou, O'Brien, Russell, Toomey, Rivera)

Request City Manager report on the city's policies for dealing with "Grow Houses" and if no protocol is in place to make recommendations as to policies dealing with illegal Grow Houses. (Lukes)

Request City Manager report to City Council concerning options available for the development of solar energy installations on municipal buildings and parking garages as well as larger scale solar energy installation at the former Greenwood Street landfill site. (Petty, Russell)

SEWER BETTERMENT ASSESSMENT: STARK ROAD

#10a CC June 19, 2012 Communication of the City Auditor transmitting Auditor's Report for May 2012.

#13a CC July 17, 2012 Communication of Helen Friel, Ed.D., Assistant to the Superintendent/Clerk of School Committee, transmitting communication relative to the motion of School Committee Members Mr. O'Connell and Miss Biancheria requesting to coordinate with the City Council and the City Manager to schedule the school department budget hearings for fiscal year 2014 so that the School Committee will address its budget before the City Council conducts its own budget hearings.

#10.24A CM November 13, 2012 Communication of the City Manager transmitting informational communication relative to the Commonwealth's Revenue Shortfall for First Quarter of Fiscal Year 2013.

#11a CC November 13, 2012 Communication of the City Auditor 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.

Mayor Joseph M. Petty transmitting communication to City Council for approval of the proposed 2013 City Council meeting calendar.

The Bridge of Central Massachusetts transmitting their 2012 Annual Report.

That if the City of Worcester as a proposed host community for gaming signs an agreement with a gaming license applicant, that the City Council goes on record at this time in favor of opting out of the provisions of Massachusetts General Laws, Chapter 23K, sec 15, paragraph 13 so that the binding vote on said agreement shall be by the voters of the entire community and not just the voters of the ward in which the gaming establishment is proposed to be located. (Rushton)

REPORT OF THE HISTORICAL COMMISSION Upon the Petition of Janet Merrill, President of Crown Hill Neighborhood Association requesting to create a Local Historic District to include some properties in the area of Pleasant, Piedmont, Chandler, Irving, Clinton Streets and Houchin Avenue.

Amending the Compensation of the Cultural Development Officer.

COMMUNICATION of the City Manager, transmitting informational communication relative to 5 May St. (Tabled - O'Brien December 4, 2012 & December 11, 2012)

ORDER of Councilor Joseph C. O'Brien - Request City Manager provide City Council with an update concerning negotiations with the U.S. Department of Housing and Urban Development in regards to the recent CDBG audit of local Community Development Corporations. Further, request he also provide the information concerning the city's repayment to HUD for non-performance on the city funded project at 5 May Street. (Tabled - O'Brien December 4, 2012 & December 11, 2012)

COMMUNICATION of the City Manager transmitting informational communication relative to Statistics of Opiate Overdoses and Prescription Drug Abuse. (Tabled - O'Brien December 11, 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)

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 City Clerk transmitting information concerning the current composition of the Library Board of Directors and notice of upcoming vacancies effective January 1, 2013. (Tabled Under Privilege - Lukes November 13, 2012) (Tabled - Lukes November 20, 2012)

Mayor Petty introduced the following Communication for consideration: COMMUNICATION of James A. DelSignore, the City Auditor, transmitting communication relative to reconciliation of the amount of annual funding the city is required to provide to the Worcester Public Schools to comply with the spending and funding mandates contained in the Education Reform Act (“Act”).

Motion Lukes @ #19a CC – Request City Auditor, if the city should dip into the reserves, how would this change the bottom line in terms for calculating the formula for meeting the required obligation for school funding.

Motion Petty @ #19a CC – Request City Auditor report the school spending for Night Life/Adult Education and GED.

Motion Russell @ #19a CC – Request City Auditor report the dollar amount spent per student in Worcester and report the amount spent per student in other similar size communities.

Motion Lukes @ #11d CC – Request City Manager request the Commissioner of Public Health provide a report concerning a doctor’s liability relative to prescriptions vs. the issuing of certificates for the use of medical marijuana.

Motion Lukes @ #11c CC – Request City Manager provide a report relative to the history of land takings, litigation and the costs for the Medical City Project and report the difference in the proposed costs and the actual final costs for the whole project.

Motion O’Brien @ #17a & 17b CC – Request City Manager execute the contracts for Year 38 CDBG funds for affordable housing as quickly as possible and update City Council as to the feasibility of this request within the next two weeks.

Motion Economou @ #17a & 17b CC – Request City Manager consider when moving forward that the buildings at 5 May St. and any future projects that are similar are collateralized.

Motion Russell @ #17a & 17b CC – Request City Manager report as to what is the city doing to recover money involved in the 5 May St. project.

Motion Rivera @ #17a & 17b CC – Request City Manager consider securing the 5 May St. property against vandalism.

Motion Lukes @ #17a & 17b CC – Request City Manager report on the following: how is the property at 5 May St. being evaluated and consider hiring a private appraiser; what procedures are in place to prevent the dynamic that occurred at 5 May St. from happening again at future projects; and provide a list of expenditures for the 5 May St. project.

Motion Economou @ #17a & 17b CC – Request City Manager report to City Council as to why 5 May St. can not be handled as an abandoned or foreclosed property.

Motion Toomey - Suspension of Rules – Request the Mayor on behalf of the City Council send a letter of condolences to the Selectmen in Newtown, Connecticut.

Motion Toomey - Suspension of Rules – Request City Manager provide City Council with a report as to how the city would be impacted by the recent MMA’s call for a $1.5 billion dollar increase in Chapter 70 funding over the next 5 years.

PETITION – Councilor Tony Economou on behalf of Tim Firment of Habitat for Humanity request to install a street sign for “Distributor Road” at the corner of Gold Star Blvd. and Distributor Rd. (Economou)

PETITION – Councilor Tony Economou on behalf of Karen Hicks request Lansing Avenue West be repaved.

Motion Palmieri – Suspension of Rules - Request City Manager provide a report concerning the Henry Lee Willis Center and what will happen to their properties and the programs run by this organization.

Motion Palmieri – Suspension of Rules - Request City Manager communicate with NGrid and request that when power outages occur to inform affected residents by email or reverse 911.

Motion Palmieri – Suspension of Rules - Request City Manager work with SMOC to reveal an accurate timetable for completion of the Triage Center for benefit of all stakeholders and request SMOC communicate via a Clerk of the Works updates on a monthly basis.

PETITION - Councilor Frederick C. Rushton request sidewalk repair in front of 36 Wall St.