Rogers Casts Lone Vote Against National Grid Projects, Citing Waterfront Access Violations

By Neil Zolot

Councillor at-Large Katy Rogers was the lone vote against National Grid utility installations in the Commercial Triangle bordered by Lower Broadway, Revere Beach Parkway/Route 16 and the Mystic River, at the City Council meeting on Monday, April 13. As she had in voting against National Grid proposals in past meetings, she cited the company’s refusal to grant access to waterfront land as required by Massachusetts General Laws Chapter 91. “National Grid Chapter 91 violation is relevant to all National Grid projects,” she said. “It’s my third Earth Day as a Councillor and National Grid has told me they’re not to answer to the City Council about the violation on waterfront access residents are entitled to. They have ‘no trespassing’ signs.”

Chapter 91 is the Massachusetts Public Waterfront Act. It is implemented by the state Department of Environmental Protection Waterways Regulation Program, which mass.gov indicates “preserves pedestrian access along the water’s edge for fishing, fowling and navigation in return for permission to develop non-water dependent projects on tidelands, and seeks to protect and extend public strolling rights as well as public navigation rights.”

National Grid owns or operates a number of facilities on or near waterfronts, including a solar array on Rover Street and the Everett Marine Terminal in the Commercial Triangle.

The proposals were passed and she confessed, “I’m tired of having to vote no on everything because the question I have goes unanswered.”

She also questioned newly appointed Licensing Commission member Samuel Fern on the issue of small liquor bottles (or nips) that litter the streets. “We find nips in playgrounds, schoolyards and backyards,” she said. “The subject has been brought up with the Licensing Commission several times, but with no resolution. I know I’m putting you on the spot, but what would be your solution?”

Fern confessed he was unprepared, but added, “I agree it’s a serious problem. I know it’s a concern in any urban neighborhood.”

Rogers mentioned her advocacy for a deposit on nips at the local or state level, to which Fern responded, “Before I give a definitive answer, I’d like to educate myself on what various positions are.”

Rogers also brought up the issue of alcohol company advertisements in playgrounds and during Little League baseball games. “I take this issue seriously,” Fern responded, relating when his then 20-year-old son was allowed in a bar and was hurt in a car accident as a passenger with a drunk driver.

City Council President Stephanie Smith interrupted further discussion to call the question on Fern’s appointment, telling members, “These are issues you can bring to the Licensing Board.”

In other items, a vote to enshrine an ordinance promoting fair labor standards and preventing wage theft was tabled until the next meeting (Monday, April 27) because the language had not been advertised in advance of the meeting as required by open meeting laws. “The purpose is to promote fair labor standards and lawful wage practices, prevent wage theft, ensure the City contracts only with responsible employers, protect workers through a transparent complaint process and safeguard taxpayer funds from supporting employers who violate wage and hour laws,” it reads, with wage theft defined as failure to pay minimum wage, overtime the prevailing wage and/or pay in a timely fashion. Making unlawful deductions from wages and misclassification of employees as independent contractors are other elements.

“It will give the City the ability to say no to contractors that violate wage laws and don’t pay our residents for work,” Ward 2 Councillor Stephanie Martins explained. “Businesses committing fraud and wage theft should be concerned about this.”

Action on an amendment to zoning regulations to limit the capacity of data centers was also tabled. The matter was discussed by the City Council meeting in January, at which time the matter was referred to the Planning Board. Rogers explained they considered a full ban, but a compromise was reached to limit their capacity.

A data center is a facility that enables the internet by processing data, email, web searches and virtually everything the internet is used for. The Science Feedback website reports there are 9,000 in the world and more are needed and planned, but they require large amounts of water for cooling.

In Public Participation, Ben Masselink spoke in favor of a data center on behalf of The Davis Companies, which is proposing one in the Docklands District in the Commercial Triangle. A number of residents, including John Burns and Ari Ressing, spoke against having one, citing the large amount of water needed, which would drive up water rates in the city, noise pollution and there being no positive impact on the local economy. In discussion, Smith said the matter would be referred to the Legislative Affairs Subcommittee for further study.

In housekeeping matters, the City Council approved motions to amend the City’s Administrative Code to establish a Department of Strategic Planning and Community Development and the position of Chief Development Officer, establish a Department of Administrative and Financial Services and the position of Chief Administrative and Financial Officer and approved the appointment of Monica Lamboy as Chief Development Officer and Omar Boukilito as Chief Administrative and Financial Officer.