A communication transmitted from Richard C. Rossi, City Manager, relative to leaf blowers

1 Overall Goals The City is proposing a number of initiatives in response to the City Council hearing of June 21st 2016. The goals of these initiatives are to 1- Achieve greater compliance with the existing leaf blower ordinance and 2- Investigate the possibility of further reducing the impact of back pack leaf blowers and landscaping equipment on neighborhoods, public health and the broader environment through pilot programs by various City departments. Current Initiatives Several initiatives will have been completed by the end of September 2016 to improve compliance with the existing ordinance. The License Commission together with DPW will hold a training event on September 14th 2016 to further educate municipal employees and municipal contractors on the restrictions required by the ordinance and the best practices associated with back pack leaf blowers. The City will also be following up with large property owners and operators through the fall and through the license renewal process to emphasize compliance with the ordinance. A new Commonwealth Connect complaint category has also been created so that members of the community can more easily request enforcement from the License Commission. Battery powered landscaping equipment options remain relatively limited for large operations such as the City’s. However, efforts to initiate pilot programs with new equipment have also begun. During September 2016, City Departments will switch to using battery powered back pack leaf blowers whose maximum noise levels will be 60 decibels or below. In spring 2017 the City will pilot two “Green Zone” parks in the City, where battery powered landscaping equipment will be used exclusively in the maintenance of these facilities. An additional appropriation of approximately $130,000 will be requested of City Council in order to proceed with these two pilots. The effectiveness of this equipment will be reviewed, and depending upon the results the City may require municipal contractors to use similar equipment in forthcoming years. The City’s pilot programs involve back pack leaf blowers manufactured by three different companies and a broader range of landscape equipment from one company. While we are hopeful that we will be able to expand the use of this landscaping equipment across all municipal operations it is still unclear as to whether, in the short term, such will be commercially viable for our contractors or for other operations that continue to work across the City. Planning Process On June 21st 2016, a City Council hearing took place where members of the community together with a number of City Councilors expressed concerns about the adverse effects of leaf blower operations. Specifically, people expressed concern about the level of compliance with the existing ordinance, the noise level permitted presently, the adverse public health impacts on operators and the various environmental impacts, to include air pollution, noise pollution and soil stripping. The Committee meeting also included a presentation by Dr. Jamie Banks from Quiet Communities who advocated for more consideration of non-gas powered equipment in various parks and open spaces in the City and further proposed that the City look at piloting a number of “green zones” in the City. In response to the concerns raised at that hearing, the Human Services Department (Golf Course and Danehy Park), Water Department, Traffic Department and Public Works Department (Parks, Forestry, Cemetery and Sanitation Department) met throughout the summer of 2016 to review various options to modify leaf blowing operations across the City. The City has also met with private contractors operating in the City and with a number of larger property owners to talk about alternatives to existing equipment and practices.

2 Research on Alternative Equipment City staff have met with manufacturers who specialize in producing electrical/battery landscaping products, most particularly back pack leaf blowing equipment. Mean Green Mowers is an Ohio based company that specializes in electrical/battery products and at this time has a range of landscaping equipment (though extra-large lawnmowers with 12 foot blades used for large field mowing are not yet available). GreenWorks Commercial from North Carolina also offer a similar range of battery operated back pack leaf blowing products, though much of their larger mowing equipment is not yet available in the market place. Finally we have also experimented with STIHL’s range of battery operated back pack leaf blowers to determine whether such may be suitable for municipal operations moving forward. Existing Practices and the Role of Leaf Blowers It is the intention of all of City departments to further reduce the public health and environmental impacts associated with leaf blower operations while continuing to maintain facilities and parks in a clean, safe and reasonably presentable condition. As was expressed at the City Council hearing back pack leaf blowing machines are an important tool for various City departments as they seek to remove debris from playing fields and parks golf course greens, particularly during the spring and fall. Leaf blowers are also used on tennis and basketball courts to keep them free of sand and dirt so as to stop slips and falls, and on rubber surfaces in our playgrounds where sand filled micro-pockets can lead to accidents for children. This summer and indeed summers previous to this, we have had numerous complaints from tennis and basketball players about the dangerous conditions that prevail on their playing courts and similarly we are in receipt of complaints from parents in our various playgrounds where rubber surfaces become slippery due to sand build up during the course of the week. (Kemp playground is particularly difficult). Because leaf blowers are banned during the summer months, DPW and its contractors have used brushes of various types in attempting to better clean these surfaces but all have been found to be significantly inferior in adequately cleaning these surfaces to leaf blowing equipment. We believe that a variance from the existing ordinance is merited specific to some of the rubber playing surfaces so as to be able to properly clean them during the summer months. The Department of Public Works is under considerable pressure each spring as clean-up begins so as to make various parks and play areas playable, presentable and safe for users. Leaf blowers are an important and highly efficient tool in this effort. If winter storms continue through March into April DPW crews are frequently employed late into the evenings and over weekends to ensure parks are ready for neighborhood activities once the weather is better. This same circumstance also applies in the fall where our crews operate within a small window to complete fall cleanup on the 80+ parks throughout the City. Finally, crews try to get to work early in the morning in all of our parks in order to fully open them up for public use later in the day. We have found that neighbors are appreciative of crews getting out of our playgrounds and parks early in the morning so that playgroups and daycare centers can utilize these facilities during the remainder of the day. Detailed Information on Upcoming Initiatives Having met with the various City Departments, with contractors operating within the City and with a number of manufacturers who build Electrical/Battery operated landscaping equipment the following is offered as a pilot for the fall of 2016 and the spring of 2017;

3 I. TRAINING A. Mandatory Training for All City Landscaping Staff and City Contractors The Department of Public Works, The Human Services Department, Traffic Department and Water Department working with the License Commission will train all its operators on the use of Leaf Blowers. Training will cover the following topics: 1. What is allowed by ordinance a. Time Restrictions spring & autumn. b. Time Restrictions – Time of Day. c. Noise Restrictions. d. Personal Protection requirements. 2 Best Practices a. Be aware of where you are (abutters – schools etc.) b. Avoid large dust plumes c. Use longest nozzle d. Close or restrict playground use while leaf blowers are being operated e. Do not use for construction debris f. Wet where possible. B. Outreach to Large Property Owners To ensure that they are well acquainted with the requirements of the ordinance and best practices associated with the use of this equipment. C. The License Commission to further expand this training in 2017 to all permitted companies.

4 II. EQUIPMENT The City will purchase a full set of battery powered leaf blowers this fall. This equipment will cost approximately $25,000 - $30,000. This equipment will be used by City staff in the fall of 2016 and its performance will be gauged in comparison with gas powered equipment. This equipment will have noise levels at or below 60 decibels. This equipment will be used by the Water Department, Human Services Department, Traffic Department and Department of Public Works. The City will move ahead and purchase the equipment out of existing operating budgets but will seek an appropriation from City Council at a later time to replenish these accounts. III. MODIFICATIONS TO CITY OPERATIONS A. As part of this pilot the Department of Public Works further proposes to regulate its back pack leaf blower equipment use to the following time periods: 1. March 15th to May 31st 2. September 15th to Dec 31st. (If possible we will restrict Public Works crews to October 1st) B. The Department of Public Works will seek to use green (battery and electric powered equipment) in two parks as part of the spring of 2017 pilot. The two parks have yet to be definitively identified but expect such to be representative parks in terms of equipment needs. The City will measure the effectiveness of such equipment through the spring of 2017. This equipment will be operated by DPW crews. The cost of this equipment will be approximately $100,000 dollars and will require an appropriation. C. The Department of Public Works along with the Water Department will further examine the efficacy of a ride on 60 inch battery powered mower in some of its playing fields/lawn areas in the spring of 2017. D. The Department will restrict the use of leaf blowers on flower beds and ground cover areas to the extent possible in an effort to reduce the loss of soil and reduce dust volumes from these areas IV. ENFORCEMENT A. The City has established a Leaf Blower complaint category within Commonwealth Connect and will begin promoting its availability on social media in the coming weeks.

5 B. In terms of enforcement, the License Commission has implemented a pro-active approach. 1. Any non-permitted company is sent a cease and desist letter with a copy of the application and ordinance. This has been very effective in educating companies as well as getting them permitted. If the violation is observed at a residence/business, the owner is also sent a letter with the same attachments. 2. Any permitted company that is operating during a prohibited period is brought in for a hearing before the License Commission. 99% of the cases have yielded violation findings and fines of a minimum of $300. 3. Any violation at a property where there is no information as to who is performing the work, a letter is sent with a cease and desist order, request for information on the company (if any) or in the alternative asking the resident to provide the application and ordinance to the servicing company (if any). This has worked in all instances, except two. 4. In the two cases referenced in item c, residents were brought in for a meeting with the Chief Licensing Investigator and the Chair for the License Commission. The ordinance and its limitations are explained and more information is obtained from the resident. Both meetings have been very successful and no further problems have been reported in the areas. V. OTHER STEPS BEING TAKEN BY THE LICENSE COMMISSION A. The License Commission plans on hiring a new part-time investigator/enforcement officer position in the spring to assist with the patrolling of areas during the high season, investigate complaints and enforce the ordinance. B. In terms of education, the License Commission has done and will continue to do the following: 1. Publish in the Cambridge Chronicle and on its website an advisory with information as to the ordinance. 2. Periodically send by mail and via email, to all permitted companies, the advisory on leaf blowers, Rules and Regulations. 3. Publish an advisory on the City Managers newsletter which is sent to all residents as it relates to the permitted and proper use of back pack leaf blowers. 2017 and Beyond The City is proceeding with these changes on a pilot basis so as to examine how impactful and effective the proposed changes will be, from the perspective of the community, the operators and operating departments and the License Commission. It is expected that if the battery powered leaf blowing equipment is viewed as being a satisfactory substitute for the existing gas powered equipment then City crews will continue to use such through 2017 and beyond. Furthermore, DPW would expect to incorporate specifications requiring battery powered leaf blowers be used by its contractors when their contracts next come up for bidding, thus reducing the noise, greenhouse gases and ill health effects associated with gas powered leaf blowers in City facilities. As was indicated earlier, the City intends, with an appropriation approved by City Council in the fall, to identify two parks in the City where battery powered equipment will be used in the spring of 2017. If this pilot proves successful the City will consider further expanding the use of such to additional facilities maintained by in-house crews through the summer and fall of 2017. As was mentioned at the City Council hearing over half of those parks and playgrounds that are the responsibility of DPW are maintained by private contractors. The City is one of many clients for several of these contractors, and making

6 a large capital investment in all electric equipment may not be a feasible investment for them at this time. Thus additional time and consideration will need to be given to the idea of requiring City contractors only use battery powered landscaping equipment in City owned facilities. Finally, as with all of its operations, the City is committed to moving its operations to being as environmentally responsible as possible and is equally cognizant of public health concerns and its responsibility to be responsive to community concerns . Having said that, we have only identified two small firms at this time who are manufacturing this equipment, one of which is based in Ohio the other in North Carolina. Neither of these firms have outlets nor are agents in the New England area and both still in the early stages of their business development. We have concerns about their ability to be responsive to us when breakdowns arise and to have the spare parts and customer service capacity to fully service the City’s needs. Nevertheless much of their equipment seemed acceptable and we are hopeful that it will be sufficiently robust for Cambridge parks and playgrounds.