CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 19, 2013

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned:

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 March 5, 2013.

Rita Ziffert request tree be planted in front of 463 Chandler St.

Gary Anger request to make public Viking Terrace.

Gary Anger request Ek Court be made public.

Mayor Joseph M. Petty and Councilor Philip P. Palmieri on behalf of Heather Murello request the installation of guardrails along the westerly side of Plantation St. from #235 to #247 in the interest of pedestrian safety.

Rita Ziffert request the removal of the "No Parking" on Oak Ave, from the corner of Kendall St. and Oak Ave. to the parking lot entrance and possibly further.

Isaida Quinones request parking meters on Irving St. be removed and the resident permit parking zone be extended for 3 Irving St.

Sean Hill request all of Parsons Hill Drive be posted 20 MPH.

Sean Hill request advanced red light warning signal in Goddard Memorial Dr. for the approaching traffic light at the intersection of Apricot St. and Goddard Memorial Dr.

Felicio Lana request changing the parking meters in front of 236-250 Commercial St. from 2 hours to only 15 minutes.

Felicio Lana request the installation of resident permit parking at 82 Elm St.

Transmitting Auditor's Report for February 2013.

Transmitting correspondence received from Lamar Advertising notifying of their intention to submit applications to the Outdoor Advertising Board requesting to convert from static to digital on its west facing billboard structure on I-290 located at 28 Garden St. and on both faces of the billboard structure located on I-290 near Route 146 and 45 McKeon Rd.

Transmitting report on the percentage of residents who do not respond to the annual street listing.

Transmitting report detailing the number of absentee ballot applications received in connection with municipal elections.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager delineate for the City Council the present and future funding streams for the District Improvement Financing at the City Square development site.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request Berkeley Development principal Young Park to inform the City Council within two weeks of his updated plans for the development or disposition of property within the City Square site.

Request City Manager provide information on the city web site informing citizens how they may make a request for public records. (Lukes)

The City Council’s Standing Committees on Economic Development and Public Safety hold a joint committee meeting for public hearings concerning the “host-community agreement” relative to the proposed potential slots parlor, being authorized by the Massachusetts Gaming Commission and being pursued by Mass Gaming and Entertainment, LLC, for the purpose of giving Worcester residents an opportunity to give input as to what the public wants to be included within the “host-community agreement” and further, request the City Manager assist by providing appropriate department resources, such as legal, economic, law enforcement and public works , for such hearings and invite any other stakeholders the City Manager deems appropriate. (Rushton, O'Brien, Economou, Toomey, Rivera, Petty)

If the City Council Standing Committee on Economic Development holds hearings concerning the siting of proposed potential slot parlors, that the Committee allow testimony in opposition to the siting of a slots parlor in Worcester. (Lukes)

Request City Manager request the City Solicitor to provide a legal opinion regarding Mass General Laws Chapter 23K sec 61 as to whether the distribution of monies from the Community Mitigation Fund established pursuant to Mass General Laws are available not only to the host community but also to the surrounding communities. (Lukes)

Request recess to Executive Session for the purpose of discussing pending litigations. (Petty)

#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.

#8a CC January 29, 2013 Communication of the City Auditor transmitting Auditor's Reports for November 2012 and December 2012.

#8.24A CM February 5, 2013 Communication of the City Manager transmitting informational communication relative to the City’s Expenditures and Revenues through Mid-Year Fiscal Year 2013.

#8.32A CM February 5, 2013 Communication of the City Manager transmitting informational communication relative to the Governor's Proposed Fiscal Year 2014 Budget Recommendation.

#8.32B CM February 5, 2013 Communication of the City City Manager transmitting informational communication relative to the Commonwealth's Other Post Employment Benefits (OPEB) Commission's Recommendations.

#8.24A CM Communication of the City Manager transmitting informational communication on Year-to-Date Revenues, as of January 31, 2013.

#9.32B CM March 12, 2013 Communication of the City Manager transmitting presentation of the Preliminary Fiscal Year 2014 Budget Overview.

REPORT OF THE PLANNING BOARD Upon the Petition of Mark Armington, Sr. Director UMMS Facilities Engineering & Construction, request City approve an alteration of the west side of the Plantation St. layout by discontinuing and abandoning the City's street easement over portions of Plantation St. to accommodate pedestrian access stairwells & paths at the new parking garage serving UMMS.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommend approval to amend the CitySquare Priority Development Site (PDS) to Include the Former Notre Dame des Canadiens Church Property: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommend Adoption of a Resolution to Designate Parcels within the South Worcester Industrial Park Site Specific Economic Opportunity Areas: recommend adoption of the accompanying Resolution as amended.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommending Approval of Streetscape and Urban Design Guidelines for Worcester's Downtown and Canal District: adoption of the accompanying Order that the City Council hereby endorses Streetscape and Urban Design guidelines identified in the July 29, 2009 policy to be used to inform streetscape and design practices citywide and to improve the aesthetics, safety and walkability of downtown and the Canal District.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to the City of Worcester Streetscape Policy and Urban Design Guidelines: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes - Request the Standing Committee on Economic Development look at tax exemption percentage for each building referred to within the SWIP Site Specific Economic Opportunity Areas: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication regarding the South Worcester Industrial Park: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to Small Business Recruitment and Retention Efforts: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to the Economic Development Report for Small Business Recruitment and Retention Efforts: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to the Quarterly Economic Development Report: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to the Quarterly Economic Development Report: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to the City's Quarterly Economic Development Report: recommend Communication be placed on file.

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

COMMUNICATION of the City Manager transmitting informational communication relative to the Theatre District Master Plan. (Tabled - Eddy March 12, 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)

ORDER of Councilor Joseph C. O'Brien - Request City Auditor work with the Superintendent of Worcester Public Schools to conduct a review of School Transportation expenses/contracts and make a formal presentation to the Education Joint Committee composed of the City Council Education Committee and the School's Finance and Operations Committee. (Tabled - O'Brien February 12, 2013)

ORDER of Councilor Joseph C. O'Brien - Request City Auditor review the appropriateness of the following: administrative fees charged to the Worcester Public Schools by the city for city personnel and services; administrative fees charged for grants management; and Medicare fees received by the City for services done by School Department personnel. This report should also include how these fees compare to other gateway cities. (Tabled - O'Brien February 12, 2013)

ORDER of Councilor Joseph C. O'Brien - Request City Auditor work with the Superintendent of the Worcester Public Schools to review School Department administrative expenses and provide a report to the City Council as to how these fees compare on a percentage of budget basis with other gateway cities. (Tabled - O'Brien February 12, 2013)

ORDER of Councilor Konstantina B. Lukes - Request City Council and the City Manager pursuant to powers granted under Section 7-2 of the Worcester's Home Rule Charter eliminate the preliminary election scheduled for September 17, 2013. (Tabled - Eddy March 5, 2013)

ORDER of Councilor Joseph C. O'Brien and Councilor Frederick C. Rushton - Request Board of Election Commissioners and City Clerk implement six days of Early Voting on the second floor of City Hall October 30, 2013 through November 4, 2013 to encourage Worcester voters to participate in the upcoming municipal election. (Tabled Under Privilege - Lukes February 12, 2013 & Tabled Under Privilege O'Brien February 26, 2013 and Tabled O'Brien March 5, 2013)

RESOLUTION of Councilor Frederick C. Rushton and Councilor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in favor of the initiative to enhance participation in elections being put forth by President Obama that will require all states to provide online voter registration and at least 15 days of early voting. (Tabled Under Privilege - Lukes February 12, 2013 & Tabled Under Privilege O'Brien February 26, 2013 and Tabled O'Brien March 5, 2013)