Meeting Minutes: Legislative Matters Committee of the Somerville City Council
Meeting Date: September 30th, [Year Not Specified in Transcript] Governing Body: Legislative Matters Committee of the Somerville City Council Type of Meeting: Remote Participation Committee Meeting Attendees:
- J.T. Scott, Chair
- Lance Davis, Councilor
- Ben Ewen-Campen, Councilor
- Will Mbah, Councilor
- Kristen Strezo, Councilor (arrived late)
- Angela Allen, Procurement Director
- Colin Ziegler, Environmental Health Manager, Inspectional Services Department
- Matthew Zaino, Deputy Director, Inspectional Services Department
- Jackie Stegneri, Project Manager, Parking Department
- Brendan Salisbury, Legislative and Policy Analyst
- [Solicitor Amara, City Solicitor - First Name Not Specified in Transcript]
- [Clerk - Name Not Specified in Transcript]
Executive Summary: The Legislative Matters Committee convened to discuss three key items. The committee approved a home rule petition to amend MGL Chapter 30B, raising contract thresholds for certified disadvantaged businesses to streamline procurement processes. A second home rule petition was approved to increase the maximum fines for violations under MGL Chapter 40, Section 21B, from $300 to $2,000, with future inflation adjustments. Finally, an amendment to the Code of Ordinances was approved to mandate notification to tenants of parking permit restrictions in transit areas, closing a loophole for "by-right" developments.
1. Approval of Minutes from September 8th Meeting
- Discussion: No discussion was held regarding the minutes.
- Action: A motion was made to approve the minutes.
- Vote:
- For: 4 (Councilor Davis, Councilor Mbah, Councilor Ewen-Campen, Chair Scott)
- Against: 0
- Abstentions: 0
- Outcome: The minutes were approved.
2. Requesting Approval of a Home Rule Petition to Raise the Sound Business Practices and Written Contract Thresholds Under MGL Chapter 30B for City Contracts with Certified Disadvantaged Businesses
- Introduction: Procurement Director Angela Allen introduced the proposed home rule petition (HRP).
- The HRP aims to raise the current threshold for goods and services contracts with certified disadvantaged businesses from $10,000 to $20,000, allowing for streamlined procurement without competitive quotes.
- It also proposes raising the threshold for "quoted contracts" from $50,000 to $250,000 (tied to the Commonwealth's simplified acquisition threshold) for contracts with certified disadvantaged businesses, requiring quotes from at least three such businesses.
- This aligns with successful petitions in Boston and pending efforts in Cambridge.
- Certification would be recognized from the Massachusetts Supplier Diversity Office, the City of Boston's program, or other agencies with similar standards.
- Key Discussion Points:
- Councilor Ewen-Campen expressed strong support, viewing the HRP as a way to level the playing field for smaller, diverse businesses and address disparities.
- Councilor Mbah inquired about the number of currently registered disadvantaged businesses in Somerville and the relationship between state registration and existing city programs. Director Allen confirmed that certified businesses already work with the city and the HRP would simplify processes for certain contract types, creating a dedicated marketplace for certified vendors.
- Councilor Davis raised concerns about implementation, specifically how the city would decide when to use this process and how to select among multiple qualified businesses. Director Allen clarified that the rule for award would still be the lowest price among vendors meeting minimum requirements. She also emphasized the need for a clear, transparent procedure for implementation, potentially involving an audit of contracts and proactive outreach to certified vendors.
- Chair Scott inquired about the rigor of certification processes and the possibility of allowing local businesses with a track record, but without formal state or Boston certification, to be eligible. Director Allen confirmed the intention to allow flexibility for other recognized certifications and potentially a future city-defined process, while maintaining standards.
- Legislative and Policy Analyst Brendan Salisbury recommended a minor wording change in Section 2 for clarity, moving "customarily providing the supplier service" to immediately follow "three businesses."
- Analyst Salisbury also raised a concern from the City Clerk's office regarding the language "by virtue of certification by Somerville," fearing it might imply a non-existent local certification process and create undue burden on the Clerk's office.
- Solicitor Amara clarified that the goal is to give Somerville the flexibility to create its own certification process in the future, with appropriate safeguards and objective standards.
- Councilor Davis suggested refining the language to explicitly state "by virtue of a certification process as may be established by Somerville" to address the Clerk's concern and ensure transparency.
- Chair Scott suggested allowing the legal and policy teams time to refine the language before the next meeting.
- Action: A motion was made to keep the item in committee for further language refinement.
- Outcome: Item 2 was kept in committee.
3. Requesting Approval of Home Rule Petition to Raise the Maximum Amount of Fines for Violations Allowed by MGL Chapter 40, Section 21B
- Introduction: Environmental Health Manager Colin Ziegler introduced the proposed home rule petition.
- The HRP seeks to increase the maximum fine for violations from the current $300 (established in the 1980s) to $2,000.
- It also proposes indexing this maximum fine for inflation every five years based on the annual percentage change of the Consumer Price Index (CPI).
- This HRP does not immediately change fine amounts but grants the city the ability to restructure fines through proper channels and processes.
- Boston passed a similar HRP in 2024.
- Key Discussion Points:
- Chair Scott clarified that the HRP would allow raising the maximum fine to $2,000 and indexing it for inflation. He suggested changing the initial indexing date from January 1st, 2025, to January 1st, 2027, given the time required for HRP passage.
- Councilor Davis expressed strong support, highlighting the current ineffectiveness of the $300 fine for issues like garbage disposal, vacant property ordinances, and noise violations, and the need for more meaningful deterrents.
- Councilor Mbah echoed concerns about construction violations, where current fines are negligible for developers. He sought assurance that larger fines would target egregious or persistent problems, not minor infractions. Manager Ziegler confirmed that fine structures would be negotiated and applied judiciously, not "willy-nilly."
- Deputy Director Matthew Zaino stated that the Inspectional Services Department (ISD) has already discussed priority violations, particularly rodent-related issues, for early implementation of the new fine structure.
- Action:
- Motion to Amend: Chair Scott moved to amend the HRP to change the initial indexing date from "January 1st, 2025" to "January 1st, 2027."
- Vote on Amendment:
- For: 5 (Councilor Davis, Councilor Strezo, Councilor Mbah, Councilor Ewen-Campen, Chair Scott)
- Against: 0
- Abstentions: 0
- Outcome: The amendment passed unanimously.
- Motion to Approve: A motion was made to approve the home rule petition as amended.
- Vote on Main Motion:
- For: 5 (Councilor Davis, Councilor Strezo, Councilor Mbah, Councilor Ewen-Campen, Chair Scott)
- Against: 0
- Abstentions: 0
- Outcome: The home rule petition, as amended, was recommended for approval.
4. Requesting Ordainment of an Amendment to Section 7 and Section 1-11B of the Code of Ordinances to Require Notification to Tenants of Parking Permit Restrictions in Transit Areas
- Introduction: Parking Department Project Manager Jackie Stegneri introduced the proposed ordinance amendment.
- The amendment addresses a loophole in the 2019 zoning ordinance regarding parking permit restrictions for new developments within half a mile of transit stations.
- While the zoning ordinance requires disclosure for projects requiring special permits, there is no enforcement mechanism for "by-right" projects.
- The amendment aims to strengthen advertisement and notification requirements for all property owners, ensuring prospective tenants are informed of parking permit ineligibility before signing leases.
- It mandates the use of a standardized form prescribed by the Parking Department and approved by ISD.
- Key Discussion Points:
- Chair Scott summarized that the amendment closes a gap for "by-right" projects, ensuring uniform communication of parking restrictions.
- Councilor Ewen-Campen expressed support.
- Councilor Davis confirmed that the amendment focuses on enforcing notification, not the parking restrictions themselves, which already exist. He emphasized the goal of preventing tenants from unknowingly entering leases where they cannot obtain parking permits.
- Legislative and Policy Analyst Brendan Salisbury identified a drafting issue in the second preamble (before Section 1-11B), recommending changing "is hereby amended as follows" to "is hereby amended by inserting the following" to prevent misinterpretation that the entire code section would be deleted.
- Action:
- Motion to Amend: Councilor Davis moved to amend the ordinance by changing the language in the second preamble (before Section 1-11B) from "is hereby amended as follows" to "is hereby amended by inserting the following."
- Vote on Amendment:
- For: 5 (Councilor Davis, Councilor Strezo, Councilor Mbah, Councilor Ewen-Campen, Chair Scott)
- Against: 0
- Abstentions: 0
- Outcome: The amendment passed unanimously.
- Motion to Approve: A motion was made to approve the ordinance as amended for recommendation.
- Vote on Main Motion:
- For: 5 (Councilor Davis, Councilor Strezo, Councilor Mbah, Councilor Ewen-Campen, Chair Scott)
- Against: 0
- Abstentions: 0
- Outcome: The ordinance, as amended, was recommended for approval.
Adjournment:
- Action: Councilor Ewen-Campen moved to adjourn the meeting.
- Vote:
- For: 5 (Councilor Davis, Councilor Strezo, Councilor Mbah, Councilor Ewen-Campen, Chair Scott)
- Against: 0
- Abstentions: 0
- Outcome: The meeting was adjourned at 7:16 p.m.