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REPORT OF THE COMMITTEE ON LEGISLATIVE MATTERS - May 18, 2010
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The Committee on Legislative Matters convened on May 18, 2010 with Chairman Thomas Taylor presiding and Committee Members Aldermen Rebekah Gewirtz and John Connolly also present and voting. Also present were Administrative Assistant Matt Dias, City Solicitor Frank Wright, Personnel Director Jessie Baker, Superintendent of Inspectional Services Ed Nuzzo, Superintendent of Lines and Lights Steve MacEachern, Finance Director Ed Beanand DPW Commissioner Stan Koty.188134 - Program to serve seniors who own their homes with such services as property maintenance and snow removal:Ms. Baker discussed and spoke about city managers using volunteers to assist seniors through a program that is currently coordinated through the Council on Aging. The Personnel Department, in conjunction with the volunteer coordinator, assists in getting the volunteers for the program.187978 - Ordinance regarding weeds, grass and overgrowth:Mr. Wright discussed the proposed ordinance that requires property owners to keep their grass under one foot high and prohibits trees from hanging lower than 8 feet over a public way. The ordinance was designed to control rodents and stagnant water. The penalty for the first offense is $25. Alderman Gewirtz asked about the current ordinance on this topic and asked how health and/or safety hazards would be determined.188638 - Ordinance dealing with public shade trees and damage to pipes & property:Alderman Gewirtz discussed a situation in Ward 6 where a resident experienced damage to pipes presumably caused by a city tree and stated that she believes that a tree on a public way is the city?s responsibility and that city funds should be used to repair homeowners? damaged property as opposed to cutting down the tree. She discussed oxygen production and heat island effect and its relation to shade trees and reviewed a list of options for residents that the DPW provided. Mr. MacEachern discussed the city?s arborist and his duties and responsibilities in the city and stated that the arborist informed Mr. MacEachern that tree roots do not break pipes and that there must have been a previous underlying problem with the pipes. Mr. MacEachern told the members that replacing the pipes from the house to the street is the best way to remedy the situation. He went on to say that his research indicates that it is the homeowner?s responsibility. Mr. Koty pointed out that there are at least 100 cases in the city with similar root problems. Mr. Connolly stated that it is the homeowner?s responsibility to replace a faulty pipe. Alderman Gewirtz stated that there are elderly people who may not be able to afford a new pipe installation and she would like a program to help people in a certain income bracket. She continued by saying that this is a dilemma that must be dealt with to save the trees and help homeowners. She would like people to be able to get financial assistance if they can demonstrate significant need and asked if there is grant money available for urban forestry from the EPA. Mr. Wright stated that he does not think this issue warrants for an ordinance. Alderman Gewirtz?s motion that the Executive Director of the Office of Strategic Planning and Community Development research the availability of grant funding for economically challenged people experiencing issues with tree roots, was approved.189466 - Acceptance of MGL c32B s19 concerning coalition bargaining for health benefits:Ms. Baker discussed MGL 32B section 19 and said that the statute is only to start the discussion of possibly moving the city into the Group Insurance Commission, (GIC), allowing the city to save $8.7 million since it is claims based and self insured. She told the members that moving to the GIC would also save money for covered employees and that savings would be split between employees and the city. Ms. Baker said that the unions are not yet convinced that the GIC is beneficial and Mr. Wright explained how the statute affects union members and retirees. Alderman Gewirtz questioned whether the Mayor was using the statute to force parties to the bargaining table and she asked if there is a downside to moving to the GIC. Chairman Taylor discussed some problems he has heard about regarding the GIC in accessing health care and Ms. Baker replied that Somerville has the benefit of being in close proximity of most of the best health care facilities. Ms. Baker pointed out that the coverage is the same, premiums are lower and co-pays are higher. Mr. Bean stated that the city?s health care costs have increased $10 million in the past 2 years. Chairman Taylor stressed the importance of getting retirees involved in this process.The committee discussed matters before it and took action on the following 3 items: 187978: Communication from Mayor - Requesting approval of an ordinance regarding weeds, grass and overgrowth. RECOMMENDATION: Should be approved VOTE: Unanimous, 3 - 0 in favor 188638: Order - By Ald. Gewirtz, That the City Solicitor draft an ordinance to provide residents with options with respect to public shade tree roots that damage their pipes or property. RECOMMENDATION: Should be placed on file VOTE: Unanimous, 3 - 0 in favor 189466: Communication from Mayor - Requesting the acceptance of MGL c32B s19, so the city can enter into coalition bargaining to ensure the best and most affordable health benefits available. RECOMMENDATION: Should be approved VOTE: Unanimous, 3 - 0 in favor