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Vol. XLVIII, No. 4 A Publication of the Massachusetts Municipal Association | www.mma.org April 2021 Communities await details on ARPA By Jackie Lavender Bird The Treasury Department is responsible Local officials across the country are for making final decisions about specific eagerly awaiting guidance from the U.S. allocation amounts, and those details, Treasury Department for clarity on how along with specific guidance on allowable American Rescue Plan funds can be spent uses, are expected in the coming weeks. and exactly how much they’ll get. The law calls for the funds to begin being disbursed 60 days after enactment. Signed into law on March 11, the $1.9 trillion American Rescue Plan Act provides Working with information from the U.S. the latest round of stimulus funding to House of Representatives Committee on address the impacts of the COVID-19 pan- Oversight and the National League of demic. The federal aid package includes Cities, the MMA has provided estimates $350 billion in direct aid to states, local for direct aid that Massachusetts munici- Heath Fahle, special director for federal governments, tribes and territories. palities could receive from the act, though funds at the Executive Office for the numbers should be considered prelim- Administration and Finance, discusses the The law creates new state and local coro- inary and will likely be adjusted somewhat implications of the American Rescue Plan navirus relief funds, with $220 billion by the Treasury, due to refinements in for municipalities during a March 23 call going to states, tribal governments and identifying the numbers, types and cate- with local officials convened by the MMA. territories, and $130 billion going directly gorization of cities and towns across the to municipal and county governments. nation that will qualify for direct aid in the The legislation also includes $10 billion for final allocation. will receive approximately $368 million coronavirus capital relief funds for state distributed on a per-capita basis. Coun- governments. In Massachusetts, 37 “Metropolitan ties will receive about $1.336 billion, also Cities” (generally communities with distributed on a per-capita basis. Estimates for Massachusetts indicate that populations above 50,000) will receive cities and towns could receive as much as about $1.7 billion distributed through a The American Rescue Plan directs a $3 billion in direct aid. modified Community Development Block substantial portion of Coronavirus Local Grant formula, and all other communities n RESCUE PLAN continued on 21 President unveils $2 trillion infrastructure plan Inside By John Ouellette access to broadband and clean water At a March 31 event in Pittsburgh, Pres- — but also investing in research and MMA calls for increased ident Joe Biden unveiled his $2 trillion development, so that we can make in Ch. 70 funding........................3 American Jobs Plan, the first of two the U.S. and sell around the world 21st packages he’ll be filing to rebuild the century products.” Legislature OK’s benefits bill economy and create jobs. The package will invest in the “care econ- with mandated sick leave.......3 omy,” so more people who need care can The president says the infrastructure package will create millions of good-pay- access it and to ensure that the govern- Law extends pandemic- ing jobs, fix 20,000 miles of roads and ment is supporting essential caregiving related voting changes...........5 jobs. 10,000 bridges, and invest in a range of Survey measures pandemic physical infrastructure projects, in- It will also target investments in impacts on municipalities......11 cluding transportation, broadband, the communities of color and rural com- electric grid and housing. munities, and address climate change Around the Commonwealth............ 16 In a statement, the White House said, through an environmental justice and “This is a once-in-a-century capital clean energy economic approach. People.................................................24 investment in America to not only meet The spending would take place over Classifieds..........................................28 our current infrastructure needs — like eight years, according to Biden admin- rebuilding crumbling roads and bridges istration officials, and will not in every Calendar.............................................33 and making sure every American has n INFRASTRUCTURE PLAN continued on 8
2021 MMA Board of Directors Executive Director’s Report The MMA Board of Directors holds regular meetings in Boston, followed by a meeting of Unprecedented federal aid creates great the Local Government Advisory Commission with the administration. For information on opportunity and immense responsibility the board’s activities, call the office of MMA With one sweep of his pen, Pres- campaign across the country to Executive Director Geoff Beckwith at 617-426- ident Joe Biden transformed mobilize municipal leaders to 7272. the largest federal aid bill in our call on their lawmakers to make Executive Committee nation’s history into the law of similar commitments. Our U.S. Adam Chapdelaine, MMA President the land. The $1.9 trillion Amer- senators and representatives Town Manager, Arlington ican Rescue Plan Act, or ARPA, delivered. NLC delivered. And Ruthanne Fuller, MMA Vice President will soon send an unprecedented the MMA is proud of its active Mayor, Newton $350 billion in direct federal aid role supporting, educating and Cecilia Calabrese, MMA Immediate Past to cities, towns, counties, terri- By Geoffrey informing stakeholders and the President tories and states. Beckwith public of the urgent need for Councillor, Agawam All-in, Massachusetts will receive sweeping federal relief. Michael Bettencourt, MSA President Select Board Member, Winchester approximately $8 billion in direct state, Yet this victory is just the beginning of Lisa Blackmer, MMCA President local and county funding, including a new and enormous challenge: how to Councillor, North Adams approximately $3 billion that will flow pivot, plan, act and lead to turn ARPA’s Brian Boyle, ATFC President to our 351 cities and towns. In addition, promise of rescue and recovery into a Finance Committee, Bolton the package will send us billions more reality. George “Bud” Dunham, MMMA First Vice for education, transit, housing, public President Great opportunity brings great Town Manager, Sandwich health and other vital needs, as well as tens of billions to residents through responsibility Scott Galvin, MMaA President While the details will become clearer Mayor, Woburn enhanced unemployment benefits and direct stimulus checks. after the U.S. Treasury Department Julie Jacobson, MMMA President Town Manager, Auburn provides specific guidance by next After more than a year in crisis mode, month, the scope of our new federal Jeovanny Rodriguez, MMCA First Vice managing and leading during the worst President aid is known. With approximately $3 Councillor, Lawrence public health emergency in more than a billion flowing directly to our 351 cities John Trickey, ATFC First Vice President century, ARPA is a huge victory for local and towns, every community, from the Finance Committee, Pelham governments, providing the resources smallest to the largest, will receive an Linda Tyer, MMaA First Vice President and investments we need to recover, unprecedented amount of funding to Mayor, Pittsfield restore and renew our communities and use by December 2024 to combat the Michael Walsh, MSA First Vice President our economy. pandemic and invest in our residents, Select Board Member, Westwood businesses and communities to recharge Geoff Beckwith (non-voting) ARPA’s passage was not easy. From the start, our powerful federal delegation our economy and rebuild our future. MMA Executive Director was united in their support and advo- Local leaders will now have the awe- cacy for direct aid to cities and towns, some responsibility of allocating and Brian Arrigo, Mayor, Revere and our national affiliate, the National Steve Bartha, Town Manager, Danvers deploying these funds to achieve the League of Cities, waged a relentless n DIRECTOR’S REPORT continued on 18 Lisa Braccio, Selectman, Southborough Ralph Figy, Councillor, Westfield Andrew Flanagan, Town Manager, Andover Claire Freda, Councillor, Leominster Jill Hai, Select Board, Lexington Andrew Hogeland, Select Board, Williamstown TheBeacon Periodicals Postage Paid at Boston, MA, and additional mailing offices. April 2021 | Volume XLVIII, Number 4 TheBeacon (ISSN 0199-235X) is published monthly, Donna Holaday, Mayor, Newburyport Copyright © 2021, Massachusetts Municipal Association except for a combined July-August issue, by the Thomas Hutcheson, Town Administrator, Conway Massachusetts Municipal Association, 3 Center Manager of Communications & Kim Janey, Mayor, Boston Publications & Digital Membership Director Plaza, Suite 610, Boston, MA 02108. The MMA Diane Kennedy, Select Board, Cohasset Communications Candace Pierce is composed of the Massachusetts Selectmen’s Afroz Khan, Councillor, Newburyport John Ouellette Publisher Association, the Massachusetts Mayors’ Association, John McLaughlin, Councillor, Waltham Associate Editor Geoffrey Beckwith the Massachusetts Municipal Management Dan Matthews, Select Board, Needham Jennifer Kavanaugh Association, the Massachusetts Municipal Design Digital Communications Full Circle Design Councillors’ Association, and the Association of David Narkewicz, Mayor, Northampton Coordinator Town Finance Committees. Subscription rate for Moises Rodrigues, Councillor, Brockton TheBeacon is $36 per year. An $18 subscription Meredith Gabrilska Alan Slavin, Selectman, Wareham fee is included in dues payments for members. Peter Spellios, Select Board, Swampscott Massachusetts Municipal Association POSTMASTER: Send address changes to TheBeacon, Eric Steinhilber, Councillor, Barnstable Massachusetts Interlocal Insurance Association 3 Center Plaza, Suite 610, Boston, MA 02108. Kevin Sweet, Town Administrator, Wrentham 3 Center Plaza, Suite 610, Boston, MA 02108 We encourage readers to send comments, story ideas, news Arthur Vigeant, Mayor, Marlborough 617-426-7272 • www.mma.org items, and events notices to editor@mma.org. Kristi Williams, Town Manager, Westborough Twitter and Facebook: @massmunicipal 2 • The Beacon • April 2021
MMA urges Legislature to boost education funding By Jackie Lavender Bird The MMA, joined by the Massachusetts At a budget hearing on municipal and Association of School Superintendents, school aid held by the House and Senate urged the Legislature to consider fund- Ways and Means committees on March ing essentially the first and second years 16, the MMA advocated for increased of the Student Opportunity Act so that funding in a number of key accounts for critical aid to school districts would not cities and towns. remain a year behind schedule. Doing so would increase the Chapter 70 educa- Unrestricted General tion aid request by approximately $350 Government Aid million over fiscal 2021. Gov. Charlie Baker’s budget proposal Because student enrollment dropped released in January (House 1) would by more than 30,000 statewide during increase Unrestricted General Gov- the public health emergency, and the ernment Aid at the same rate as the majority of students are expected to Education Secretary James Peyser projected growth of state revenues: return to public schools this fall, the discusses Chapter 70 funding during a 3.5%. The increase amounts to $39.5 MMA also urged legislators to use stu- March 16 budget hearing held by the million, bringing the account to nearly dent enrollment data from Oct. 1, 2019, House and Senate Ways and Means $1.17 billion. rather than Oct. 1, 2020 (or whichever committees. The MMA asked the Legislature to con- is higher), when calculating Chapter tinue this revenue-sharing partnership 70 aid. Since using the higher enroll- by funding municipalities at the same ment figure will increase the size of a per student for minimum aid districts. rate as the growth in state revenues. district’s foundation budget, and could The governor’s Chapter 70 recommen- therefore increase the district’s required dation would make a significant change Chapter 70 local contribution, the MMA asked that in how cities and towns can meet their The landmark Student Opportunity legislators be mindful of these proposed required local contributions for fiscal Act of 2019 calls for phasing in an changes. 2022. Municipalities would be able to additional $1.5 billion in school aid Under the governor’s budget, a major- use up to 75% of the total grant award- over a seven-year period. The pandemic ity of districts statewide would remain ed to the local school district through postponed implementation in the fiscal minimum-aid-only, receiving just a $30 the federal Elementary and Secondary 2021 state budget, and House 1 would fund the first year of the seven-year per-student increase over last year’s aid. n BUDGET continued on 26 schedule in fiscal 2022. The MMA strongly advocated for $100 Legislature sends benefits bill with mandated sick leave to governor By John Robertson or unable to work for reasons related to that would make emergency paid sick The House and Senate unanimously COVID-19, including: time during a declared state of emergen- approved and sent to the governor • Employee self care cy or disaster a permanent benefit. legislation (H. 95) to shore up the state’s An employee who works 40 hours or • Care of a family member with a underfunded unemployment insurance more per week would be eligible for 40 COVID-19 diagnosis or symptoms program and impose a temporary emer- hours of emergency paid sick time. For gency sick leave requirement on employ- • Compliance with an order to employees who work less than 40 hours ers, including local governments. quarantine because of exposure or per week, leave eligibility would be tied symptoms to an average of the number of hours On March 8, legislative leadership announced an agreement on the outline • Inability to telework after a COVID-19 worked. of the legislation. The House approved diagnosis The Legislature’s bill would establish a a version on March 11, and the Senate The definitions of “employer” and “em- $75 million COVID-19 Emergency Paid approved a similar bill on March 18. ployee” include local governments. Sick Leave Fund to reimburse eligible There were no public hearings on the employers for providing paid sick leave. legislation. The new temporary state program is Generally, cities and towns would not based on requirements in the federal be eligible for reimbursements from the The original bill, filed by the governor in sick leave program included in the Fam- January, included only unemployment fund, but would be able to take a federal ilies First Coronavirus Response Act, tax credit against employment taxes, insurance provisions. which expired at the end of 2020. including Medicare, to cover part of the Sick leave mandate The state sick leave provisions would cost of mandated sick leave. The new tax The mandated paid sick time provisions take effect 10 days after the effective credit provision was provided through would require Massachusetts employers date of the law and would end on Sept. an amendment to the federal to temporarily provide emergency paid 30, 2021, unless extended. There are sick leave to employees who are absent separate bills in the House and Senate n SICK LEAVE continued on 25 April 2021 • The Beacon • 3
Municipalities should prepare federal project requests By Brittney Kohler to return. This move is meant to encour- and all the required information. The Congress is getting ready to take sug- age bipartisan cooperation and ensure Appropriations Committee has issued gestions on worthy municipal projects that Congress was not over-delegating guidance on submitting Community ready for investment, but the opportu- their investment authority to unelected Project Funding requests, as well as the nity to submit them is going to move administration officials. subcommittee instructions. The earlier quickly. Here’s what city leaders need to know to that municipalities can provide input, engage in this process: the earlier that their members of Con- Before the end of April, the House gress can review the input and catch any Appropriations Committee is seeking Every member of Congress gets to issues before they move forward with Community-Based Project requests, and pick and rank community projects: submitting priority projects. the Transportation Committee is taking Your member of Congress will get to Local Transportation Priorities from rank and submit only 10 Community Members of Congress have three ways Members that may be used in the up- Project Funding requests across all to support local priorities: In addition coming transportation reauthorization subcommittee areas, and only a handful to projects, members of Congress can bill this spring. may actually be funded. Each member of add project and programmatic requests Congress is responsible for identifying and language across all subcommittees. Additionally, the traditional collection of These changes to programs can be very programmatic and language changes by their office’s own preliminary process and submission timelines, and many effective in ensuring strong programs Appropriations subcommittees is also for local governments. Here are some moving forward. of your members of Congress will have deadlines coming up in late March and transportation examples from the Earmarks are back early April. THUD Subcommittee: This type of congressionally directed • Community Project Request: a funding project spending was discontinued for Municipal leaders who want to par- ticipate in sharing a project with their request for a specific governmental several years, but both the House Dem- entity or nonprofit organization to ocratic majority and House Republican member of Congress should check the member’s website for details and be carry out a specific community project minority made changes to their rules to allow for the new version of “earmarks” sure to note their office’s deadlines n TRANSPORTATION continued on 27 At hearing, MMA calls for increase in Chapter 90 funding By Ariela Lovett Cantoreggi said with most people staying On March 9, the MMA and local officials closer to home due to the pandemic, testified before the Joint Committee on road-use patterns shifted to put more Transportation at a preliminary hearing wear and tear on local roads. on a $200 million Chapter 90 bond bill In recent years, the state has added sev- for fiscal 2022. eral targeted, competitive road funding The MMA, along with Franklin Public opportunities for municipalities, such as Works Director Brutus Cantoreggi and the Complete Streets and Small Bridges Gloucester Public Works Director Michael grant programs. But the MMA argued Hale, continued to advocate for addition- that “there is no substitute for the core al funding to help address local needs Chapter 90 program,” which is “the only and boost economic recovery. With a non-competitive program that maintains few small exceptions, annual Chapter 90 local control over how to spend the dol- funding has been level-funded at $200 lars on local road projects” and the only million since 2012, and has lost one-third one that benefits all 351 cities and towns. Franklin Public Works Director Robert of its purchasing power over that time. The MMA emphasized the importance “Brutus” Cantoreggi testifies before the The MMA panel said the COVID-19 pan- of finalizing the bill (H. 57) as quickly Joint Committee on Transportation demic has created additional challenges as possible so that cities and towns can during a March 9 preliminary hearing access their Chapter 90 allotment and about a Chapter 90 bond bill. for municipal public works departments. begin the spring construction season on “We’re all behind in our road mainte- time. The MMA filed a standalone bill, spon- nance work,” Hale said, citing the need The MMA also submitted written testi- sored by Sen. Adam Hinds, that would to reduce staffing by half as a safety mony. fund the Chapter 90 program at $300 precaution and due to illnesses, as well million per year for two years. The bill as delays to the start of the construction Once the Transportation Committee re- (SD. 2456) has not been assigned a bill season last year because of the onset of ports out the bill, its next step is expect- number or hearing date as yet. ● the pandemic. ed to be the House Bonding Committee. 4 • The Beacon • April 2021
Panel discusses new cannabis delivery regulations By Brittney Franklin out license types for social equity and The Massachusetts Municipal Lawyers economic empowerment candidates. The Association and the MMA hosted a delivery licenses will be limited to social webinar on March 18 focused on new equity and economic empowerment delivery regulations that the Cannabis candidates for the first three years. He Control Commission enacted this past said an FAQ and guidance for the new November. delivery regulations should be available soon. Panelists included Cannabis Control Commission Chair Steven Hoffman, Bridges and Bagg shared what their Brockton City Solicitor Megan Bridges cities have done to prepare for the new and Easthampton Planner Jeff Bagg. licensee type and some of the issues they foresee. Hoffman opened by reviewing the status of recreational marijuana in Massachu- Bagg said Easthampton recently exe- setts. To date, 210 licensees have begun cuted its first delivery host community adult-use operations in the state and agreement, but it was done before final have generated more than $1 billion in zoning was in place. He detailed some of During a March 18 webinar hosted by retail sales, including more than $200 the local regulations his city was think- the Massachusetts Municipal Lawyers million in tax revenue for cities and ing about in its final zoning ordinance. Association and the MMA, Brockton towns. For example, if a delivery licensee has City Solicitor Megan Bridges discusses six or more vehicles, they should be how her city has prepared for the Hoffman detailed the new delivery reg- electric or diesel. delivery regulations recently enacted by ulations, saying the goal for the deliv- the Cannabis Control Commission. ery program is to encourage and carve The webinar can be viewed on the MMA website. ● Gov. Baker signs law to extend pandemic-related voting changes By Brittney Franklin the select board, board of selectmen, A law signed by Gov. Charlie Baker town council or city council has taken on March 16 provides a three-month a recorded and public vote to authorize extension for a number of changes to early in-person voting voting procedures that were enacted last • For any annual or special municipal spring due to the COVID-19 pandemic, or state primary or election held including early voting by mail. on or before June 30, 2021, allows The new law does the following: those taking precautions related to COVID-19 to be deemed unable to • Allows a city or town with a municipal cast their vote in person at a polling caucus or annual or special municipal location by reason of physical disability election scheduled before June 30, 2021, to postpone such municipal • Allows voters instructed by a medical caucus or municipal election to a date professional or a local or state health certain not later than Aug. 1, 2021 official to self-quarantine in their home beginning after noon on the A new law gives municipalities more • Allows the select board, board of seventh day before any annual or flexibility in conducting their spring selectmen, town council or board special municipal or state primary or elections. of registrars to vote to eliminate election held on or before June 30, amunicipal caucus scheduled to occur 2021, to designate their home address before July 31, 2021, and, in the for delivery of the ballot With towns preparing for their annual alternative, use nomination papers to elections this spring, the Legislature nominate candidates • Allows voters with a disability that make it difficult or impossible for sent the fast-track bill to the gover- • Allows any eligible voter to vote early them to effectively access a paper nor on March 12, as pandemic-related by mail for any annual or special vote by mail ballot to request an changes made last spring to election municipal or state primary or election accommodation from their local procedures were due to expire on March held on or before June 30, 2021 election official, and require the local 31. • Allows any eligible voter to vote early election official to make reasonable The MMA had been advocating for quick in-person for any annual or special efforts to grant accommodations to passage of the measure. ● municipal election held on or before the voter June 30, 2021, in a community where April 2021 • The Beacon • 5
Gov. Baker signs landmark climate change mitigation bill By Ariela Lovett to allow these On March 26, Gov. Charlie Baker signed sublimits, but an omnibus climate change bill that cod- without penalties ifies the state’s commitment to achiev- on specific sectors ing net zero greenhouse gas emissions as long as the by 2050. overall statewide emissions targets The Legislature and the administration are reached. traded versions of the bill back and forth in recent months as they worked out The Legisla- several policy and language differences. ture did not incorporate the Following a gubernatorial veto in early governor’s pre- January, legislative leaders fulfilled their ferred language promise to refile the bill at the start establishing a of the new session, and it was quickly municipal opt-in passed again by both branches. “high-perfor- Baker returned the refiled bill to the mance” stretch Gov. Charlie Baker speaks during the March 26 signing ceremony for Legislature with several amendments, energy code, the state’s new climate law. Also pictured is House Speaker Ronald including substantive policy changes choosing instead Mariano. (Photo courtesy Joshua Qualls/Governor’s Press Office) and minor language clarifications. The to specify that the Legislature then voted to adopt a num- code include a defi- nition of net-zero building. The MMA Department of Environmental Protec- ber of Baker’s amendments while main- tion to conduct “cumulative impact anal- taining their priority policy positions. had supported language to establish a municipal opt-in net zero stretch energy ysis” as a condition of issuing certain The final version of the law includes code. permits. A cumulative analysis would interim emissions reduction targets for consider not only the environmental 2030 and 2040 of at least 50% and 75%, The final version of the law incorpo- impacts specific to the proposed project, respectively, below 1990 levels. rates a change the governor made to but also the aggregate environmental the definition of environmental justice, impacts experienced by the affected The law also maintains interim emis- adding climate change to the definition sions reduction limits for several in- population to date. of “environmental burdens” faced by dustrial sectors, such as electric power, environmental justice populations. Massachusetts now has one of the residential and commercial cooling and strongest climate change mitigation heating, and transportation. Legisla- The Legislature also adopted the gover- laws in the country. ● tive leaders and the governor agreed nor’s proposed language requiring the Management Association discusses police reform, systemic racism The Massachusetts Municipal Manage- to address systemic racism within police ment Association held a webinar March departments and its impact on the wid- 25 on the topics of police reform and er community. systemic racism in police departments. Parson covered the history and evo- Chelsea Police Chief Brian Kyes, large lution of racism within police depart- cities chair of the Massachusetts Chiefs ments and some of the programs and of Police Association, discussed the po- techniques he has seen work in his own lice reform legislation that Gov. Charlie department and others that he has Baker signed into law on the last day worked with on this issue. of 2020. A key piece of this legislation More than 130 members attended the was the creation of a Peace Officers webinar. A recording and other resourc- Standards and Training certification es are available on www.mma.org. ● program. Chief Kyes provided an overview of POST and other key parts of the legisla- tion for city and town managers. The second part of the meeting focused Chelsea Police Chief Brian Kyes discusses on systemic racism in police depart- the new police reform law during a March ments. Retired Metropolitan Police 25 webinar hosted by the Massachusetts (D.C.) Lt. Brett Parson discussed ways Municipal Management Association. 6 • The Beacon • April 2021
MMHR discusses vaccine implications in the workplace By Meredith Gabrilska proposition, A year into the pandemic, a Massa- employers chusetts Municipal Human Resources can require association webinar on March 4 reflect- employees to ed on the lessons learned and the path be vaccinated, forward, including a discussion of the pending a few implications of the vaccine in the munic- exceptions.” ipal workplace. Buraimoh said Dr. Michael Hirsh, medical director of employers may the Worcester Division of Public Health, request proof trauma services director at UMass of vaccination, Memorial Health Care, and surgeon-in- but should be chief for the Children’s Medical Center, careful about reflected on the course of events over any follow-up the past year and looked forward as the questions, as they could be Panelists cover a range of COVID-related issues during a March nation goes on the offensive against 4 webinar hosted by the Massachusetts Municipal Human COVID-19. considered an Resources association. Pictured are (clockwise from top left) MMA inquiry into a Legislative Director John Robertson; Southborough Assistant “We’re fortunate to live in a time when disability. Any Town Administrator Vanessa Hale, the MMHR’s vice chair; Yetunde we could come up with a vaccination questions should Buraimoh, an attorney at Morgan, Brown, & Joy; and Dr. Michael within a year’s time,” he said. “Develop- meet the criteria Hirsh, medical director at the Worcester Division of Public Health. ment of the vaccine is based on 20 years of being a busi- of research and development against ness necessity. other viruses. Messenger RNA was just waiting for the right virus to be used Municipalities that find themselves place inspections. Buraimoh highlighted [against].” in the position of having to vaccinate certain recommendations, including employees should keep in mind that a designating a workplace coordinator, He also noted that the second surge of vaccination is not considered a medical conducting a thorough hazard assess- the virus around the holiday season was examination under the Americans with ment of the worksite, taking measures less deadly because of lessons learned Disabilities Act, but the pre-screening to reduce the risk of spread, consider- during the first surge in the spring. questions used to determine eligibility ing special precautions for those who “We wised up quickly about the most may constitute one. have self-identified as high risk, and vulnerable populations and the best While employers may mandate a vacci- implementing a protocol for employee treatment therapies,” he said. nation, they must provide a reasonable complaints. Hirsh said local and state governments accommodation where a disability or Buraimoh also discussed a few paid leave now must develop public awareness sincerely held religious belief prevents options for COVID recovery, quarantine campaigns to connect with populations someone from getting a vaccination. or care of family members, including that have a distrust of vaccines. Buraimoh suggested that employers the Families First Coronavirus Response consider the layout of the workspace to Act, which expired on the last day of He said the COVID pandemic exposed determine what those accommodations existing health disparities across the 2020, and the corresponding tax credit could look like. for employers, which has been extended country. “That accomodation could be on-site through March 31, 2021. Employers With a number of COVID variants with the necessary separation or a re- may still opt to offer the 80 hours of emerging and case numbers in flux, he mote work setup,” she said. “Employers leave under the FFCRA to employees recommends that city and town halls should engage in the interactive process who did not use it in 2020, but they are continue to wait before reopening to the to determine accommodation, as they not required to do so. public. would with any other accommodation Regarding remote work policies, she HR concerns request.” noted that remote work can be an Attorney Yetunde Buraimoh, an She also discussed what employers can appropriate reasonable accommoda- associate with Morgan, Brown, & Joy, and cannot ask employees who have tion option. Given current occupancy discussed the implications of the COVID COVID-like symptoms or have traveled restrictions, she said, municipalities vaccine, workplace safety and accom- outside the state, and how to appro- should make sure that employees who modation, and workers’ compensation priately share information for contact are on-site really need to be there. When concerns. tracing when necessary. developing remote work policies, human Buraimoh started with the “question of resources should consider equipment The Occupational Safety and Health Ad- needs, information technology security the hour”: Can employers require em- ministration has updated standards for ployees to be vaccinated against COVID? concerns, impacts on productivity, and keeping workplaces safe for employees, “Yes,” Buraimoh said. “As a general and has made some unannounced work- n MMHR continued on 25 April 2021 • The Beacon • 7
Walsh confirmed to cabinet, Janey becomes mayor By Jennifer Kavanaugh slurs as she rode the school bus to The U.S. Senate’s confirmation of Martin another section of Boston. Later, she Walsh as labor secretary on March 22 attended school in the town of Reading brought a historic change to the city of through the METCO program, which Boston, making Kim Janey the city’s educates city students in suburban dis- first Black and first female mayor. tricts. She became a mother at age 16, and cleaned bathrooms to attend Smith The Senate vote came more than two College and support her daughter. months after President Joe Biden nom- inated Walsh, who resigned as mayor a With a focus on children’s issues, civil few hours later, after seven years on the Kim Janey Martin Walsh rights and equity, Janey spent 16 years job. working for the Massachusetts Advo- cates for Children, and was previously a Janey, who was the City Council presi- When Biden nominated Walsh for the community organizer for Parents United dent, was sworn in as acting mayor the labor post on Jan. 8, he described Walsh for Child Care. She was elected to the next day. as a good friend and “tough as nails.” City Council in 2017, becoming the Walsh and Janey hail from two of Walsh will bring a prominent local city’s first female District 7 councillor. Boston’s less-affluent neighborhoods, voice to the Biden administration. In an She became council president in 2020. and they both have overcome signifi- email thanking Boston residents, Walsh In an opinion piece published on March cant obstacles on their way to becoming wrote that he will work to make the new 22 in The Boston Globe, Janey pledged leaders. In a press conference following administration “the best federal partner to address issues such as systemic rac- the Senate vote, Walsh reflected on the Boston and America’s cities have ever ism, police reform and the racial wealth political journeys the two made toward had.” In his resignation letter, he also re- gap. In helping the city recover from the this transition. flected on his experience in Boston and COVID pandemic, Janey wrote that she connected it to his work in Washington. wants to help make vaccines more acces- “I was texting with Council President Janey last night, and I texted, ‘Think “In my new role as our nation’s Secre- sible, work toward safe school reopen- about this for a minute: A little girl tary of Labor, I will draw deeply on the ings, and address economic disparities from Roxbury is about to be mayor of lessons I have learned in Boston these while reopening the city for business. Boston,’” Walsh said. “And her response last seven years and throughout my life “Let’s be clear — the problems laid was, ‘Think about this for a minute: A in our city,” Walsh wrote in his resigna- bare by the pandemic were here before little boy from Dorchester is about to tion letter. “I will be forever grateful to COVID-19,” Janey wrote. “The issues of become the United States labor secre- the people of Boston for shaping who affordable housing, public transporta- tary.’” I am and granting me the privilege of tion, and climate change are not new. serving as your Mayor.” What’s different is that these problems The son of Irish immigrants, Walsh survived cancer as a child and received Instead of having a special election, now impact more of us.” treatment for alcoholism as an adult. Boston will wait to hold its next regular In a tweet following Walsh’s confirma- Working as a laborer, he rose through mayoral election this fall, making Janey tion, Janey congratulated Walsh and the ranks of the union to become a the city’s leader for the rest of the year. acknowledged the change. union president. From 1997 to 2014, he Janey now leads a city in whose difficult represented the 13th Suffolk District, “Now, we look ahead to a new day — a racial history has intersected with her new chapter — in Boston’s history,” which includes parts of Boston and own life. As a child during court-ordered Quincy, in the Legislature. He was elect- Janey tweeted. ● school desegregation in the 1970s, ed to his first mayoral term in 2013, and Janey faced rock throwing and racial was reelected in 2017. INFRASTRUCTURE PLAN America in a way we have not invested good jobs, and make America more Continued from page 1 since we built the interstate highways competitive.” and won the Space Race,” the White The president said he will announce the case prioritize so-called shovel ready House wrote in its 25-page fact sheet second part of his recovery agenda in projects. They said the package would outlining the proposal. mid-April, focused on helping families end decades of stagnation in federal in- vestment in research and infrastructure “Throughout this process, we look for- with the challenges like health care and would return government invest- ward to working with a broad coalition costs, child care, paid leave and educa- ment in those areas to its highest levels of members of Congress to gather their tion. ● since the 1960s. input and ideas,” the White House said, “and determine the path forward, create “The American Jobs Plan will invest in 8 • The Beacon • April 2021
Municipalities mobilize to vaccinate homebound By Lisa Capone the program A large number of communities had through its already laid the groundwork when the website and Department of Public Health officially social media launched the Homebound Vaccination platforms as Program on March 29. well as the Winthrop Se- Salem, for example, created a screening nior Center and system in February to identify home- local medical bound residents. Following eligibility providers. Be- screening by municipal health and social tween 60 and services staff, the city identified 143 75 homebound residents, including those referred by residents were the North Shore Physicians Group, to served by receive in-home vaccinations through mid-March, she a partnership with Cataldo Ambu- said. In Revere, an in-home vaccination team gathers for another round of lance Service, according to Mayor Kim home visits. (Photo courtesy city of Revere) Driscoll’s office. “The town of Winthrop has In Central Massachusetts, Auburn has focused our allocations on our most been planning its own homebound vulnerable populations,” said Town The Department of Public Health vaccination program since mid-Febru- Manager Austin Faison. “We know introduced its Homebound Vaccination ary, working closely with the local Meals there are members of our community Program with a “soft launch” on March on Wheels organization, as well as the that cannot get to the mass vaccination 8. By March 12, municipalities had to Auburn Senior Center and Housing Au- sites, so we prioritized the homebound inform the DPH whether they would thority to identify eligible residents. populations.” participate in the state program or administer vaccinations themselves for “Auburn was operating our own vaccina- Collaborating on ideas and opera- homebound residents, following guid- tion clinics starting back in January, and tions with private sector partners and ance from the U.S. Centers for Disease those clinics ran very well,” said Town neighboring communities is a recurring Control and Prevention. According to Manager Julie Jacobson. “We are there- theme for municipalities that have the DPH, 168 boards of health (repre- fore poised to vaccinate our homebound opted for local oversight of in-home vac- senting about 40% of the state’s popu- residents.” cinations. In Franklin County, 15 munic- lation) opted to manage local programs, The North Suffolk Public Health Collabo- ipalities are participating in a program and 183 cities and towns will use a state rative has facilitated the sharing of best run by the Franklin Regional Council of system administered through the non- practices for organizing and delivering Government’s Cooperative Public Health profit Commonwealth Care Alliance. homebound vaccines for the communi- Service. Community Services Director Phoebe Walker said the FRCOG will In-home vaccinations will be available ties of Revere, Winthrop and Chelsea. to individuals who “have considerable work closely with Life Path, a nonprofit “Since the beginning of our Reach agency on aging in Greenfield, to vacci- difficulty and/or require significant Every Senior campaign, our volunteers nate hundreds of homebound Franklin support to leave home for medical identified close to 100 seniors who were County residents. appointments; require an ambulance or not able to leave their homes to get two-person assistance to leave home; or vaccinated,” said Revere Mayor Brian State seeks help are not able to leave home for medical Arrigo. “The Revere Board of Health and Poised to play a key role in the appointments under normal circum- Revere Fire Department teamed up with long-awaited COVID-19 vaccine rollout, stances.” the East Boston Neighborhood Health Massachusetts cities and towns had to The DPH is now operating a toll-free Center to make sure each and every one pivot in mid-February when the Bak- number (833-983-0485) Monday of these residents got vaccinated.” er-Polito administration announced it through Friday, 9 a.m.-5 p.m., in multi- would prioritize high-capacity state vac- Public Health Director Lauren Buck said ple languages to help determine eligibili- cination sites and only provide vaccine Revere’s program relies on a mix of re- ty and schedule appointments. doses to municipal clinics in 20 dispro- ferrals from doctors and social services Aging population portionately impacted communities and providers as well as self-attestations to approved regional collaboratives. One area of Massachusetts likely to determine eligibility. She added that shoulder outsized responsibility for Revere modeled its program after one Health and Human Services Secretary Marylou Sudders asked cities and towns at-home vaccinations is Cape Cod, due in neighboring Winthrop, which began to the age of its population. Nearly one- its homebound vaccination program in to concentrate instead on “outreach to vulnerable, hard-to-reach populations,” third of Barnstable County residents mid-February. are age 65 and older (compared to 17% particularly those who are eligible but Winthrop Public Health Director Mer- statewide). While the recently formed cannot travel to a vaccination site. edith Hurley said the town promoted n VACCINATIONS continued on 27 April 2021 • The Beacon • 9
Administration officials explain Housing Choice By Brittney Franklin quire you to do anything, it just allows you The MMA hosted a webinar with admin- to make zoning for housing more easily.” istration officials on March 2 to cover the Kluchman identified the types of zoning recent Housing Choice provisions included ordinances or bylaws that now require only in a comprehensive economic development a simple majority: law that was enacted in January. • Allowing for multi-family housing or The conversation was led by Economic mixed-use developments “as of right” in Development Secretary Mike Kennealy an eligible location and Chris Kluchman, deputy director of • Allowing for open space residential State officials discuss Housing Choice the Community Services Division in the development as of right with municipal officials during a March Department of Housing and Economic • Allowing accessory dwelling units, either 2 webinar. Pictured are (clockwise from Development. within the principal dwelling or within top left) Chris Kluchman, deputy director a detached structure on the same lot, of the Community Services Division Kennealy kicked off the program by thank- in the Department of Housing and ing the MMA and local officials for their as-of-right Economic Development; MMA Executive active partnership that helped get Housing • Allowing by special permit accessory Director Geoff Beckwith; and Economic Choice passed. dwelling units in a detached structure on Development Secretary Mike Kennealy. the same lot “This will better enable municipalities to • Reducing the parking requirements for adopt zoning measures needed to meet residential or mixed-use development maximum number of housing units the state’s housing needs and, important- under a special permit that could be developed within the ly, do so in a way that meets their needs,” • Allowing an increase in the permissible municipality Kennealy said. “The basic thrust of Housing density of population or intensity of a • Adopting a smart growth or starter home Choice is to make it easier for cities and particular use in a proposed multi-family district in accordance with Section 3 of towns to develop the housing they need at or mixed-use development that requires a Chapter 40R of the General Laws a time when we need a lot more housing of special permit all kinds across Massachusetts.” • Changing dimensional standards such Key terms for the items above are defined as lot coverage or floor area ratio, height, in Section 1A of the Zoning Act. He said the targeted amendments to Chap- ter 40A help to create “a more predictable setbacks, minimum open space coverage, Kluchman said zoning amendments that and fair process for zoning” and will result parking, building coverage to allow for require a simple majority vote should in “a lot more housing production across the construction of additional residential not be combined with amendments that the state.” units on a particular parcel or parcels of require a two-thirds vote. Guidance issued land by DHCD on the new law recommends that Housing Choice changed Chapter 40A by • Providing for transfer-of-development- municipalities confer with the Municipal reducing the vote threshold for certain rights zoning or natural resource Law Unit of the Attorney General’s Office kinds of zoning ordinances and bylaws protection zoning in instances where before combining proposals with different from a two-thirds supermajority to a sim- the adoption of such zoning promotes voting thresholds. ple majority. concentration of development in areas Questions about Housing Choice should be “There is no opt-in provision,” said Kluch- that the municipality deems most directed to the DHCD at housingchoice@ man. “It simply changed the law and now appropriate for such development, but mass.gov. ● applies to all cities and towns. It doesn’t re- will not result in a diminution in the EOHED issues Housing Choice guidance The Executive Office of Housing and with the implementation effort, and olds for the issuance of certain kinds of Economic Development has issued the office also welcomes feedback from special permits. guidance and FAQs on Housing Choice, municipalities. Section 100 of the economic develop- a component of the comprehensive Chapter 358 of the Acts of 2020 ment law directed the Executive Office economic development law signed in (sometimes referred to as the economic of Housing and Economic Development January that made changes to Chapter development legislation of 2020) made to “issue guidance to assist local officials 40A of the General Laws, commonly several amendments to Chapter 40A. in determining the voting thresholds known as the Zoning Act. Among these amendments are changes for various zoning amendments.” The On the cusp of spring town meeting to Section 5 of the Zoning Act, which law states that the guidance shall be season, Housing and Economic Devel- reduce the number of votes required to developed in consultation with the opment issued the guidance so that enact certain kinds of zoning ordinances Department of Housing and Community municipalities could be positioned to act and bylaws from a two-thirds superma- Development, the Municipal Law Unit on the changes in the law. jority to a simple majority; and changes in the Attorney General’s Office, and the Housing and Economic Development to Section 9 of the Zoning Act, making Massachusetts Housing Partnership. ● plans to publish more materials to assist similar changes to the voting thresh- 10 • The Beacon • April 2021
UMass survey measures COVID pandemic’s impact Researchers from the University of Massa- versus urban areas of Massachusetts. chusetts Amherst on March 11 released In order to better assist their residents, the results of a statewide survey of Massa- 81% have a page on their municipal web- MARCH 11, 2021 chusetts municipalities about the impacts site providing regular, updated informa- of the pandemic over the past year. tion on vaccinations, 61% have volunteers SURVEY OF MASSACHUSETTS MUNICIPALITIES The majority of Massachusetts munici- to assist with vaccination registration and IMPACTS OF COVID-19 palities reported significant to extreme scheduling by phone, and 59% have de- AND impacts of COVID-19 on municipal oper- veloped outreach and education programs RECOVERY STRATEGIES ations (78%) and local economies (65%) about COVID-19 and vaccination. More since last March. than 40% of municipalities have devel- Sixty percent of respondents said they oped services to support vaccinations “definitely” have the ability to administer for elderly and vulnerable populations, vaccines, and another 9% said they proba- including transportation to and from bly do. Only 8% of municipalities reported vaccination sites and the ability to provide that they definitely do not have the ability vaccinations at home. to administer vaccines, and 13% said they Cooperation is key to the municipal probably do not. response to the pandemic, as 73% of the The MMA was a partner in the survey survey’s respondents have developed project, and researchers received respons- local or regional partnerships with other es from one-third of the state’s municipal- institutions (hospitals, higher education ities (117) between Feb. 22 and March 2. institutions, EMS, councils on aging, etc.), projects. More than 90% of the survey’s The executive summary of the survey is and 62% have developed local partner- respondents indicated moderate to strong available online. ships with neighboring municipalities. interest in installing more renewable en- Local impacts and priorities ergy capacity, investing in electric vehicle The survey asked questions covering eight charging infrastructure, and nature-based areas: In addition to preparing for vaccine dis- tribution, the survey found that the top solutions to enhance water security, • Impacts on municipal operations priority areas for municipalities in relation climate resilience, climate adaptation and to COVID-19 are enhancing public health disaster risk-reduction. • Strategies adopted by municipalities in their emergency response and current and safety protocols in order to facilitate “This survey allowed our team to collect priorities the continuity of in-person learning, and abundant data and we plan to pursue tackling municipal budget and finance our analysis toward the publication of a • Funding and financial impacts on challenges. research paper,” said principal investiga- municipal budgets Vaccinations will be key to addressing the tor Marta Vicarelli, assistant professor • Vaccine preparedness, planning and best of economics and public policy. “This will pandemic’s local economic impact, as 59% practices allow us to assess how needs, priorities of Massachusetts municipalities report- • Equity indicators used in monitoring the ed significant to severe impacts to local and resources are distributed across Mas- impacts of the COVID-19 crisis businesses, with the strongest impacts on sachusetts municipalities as they respond small businesses. to the COVID-19 crisis. • Impacts on vulnerable populations, in particular food and housing security More than 70% of municipalities re- “We will also focus on recovery plans, and ported that at least half of hospitality we will examine how optimal recovery • Impacts on local businesses strategies may differ across municipalities businesses and small businesses had to • Possible strategies for an inclusive and limit operations, and more than 35% of with different characteristics and needs. … sustainable post-COVID socio-economic municipalities reported that at least 10% We hope that our work will contribute to recovery of businesses in these categories had to inform effective socio-economic recovery permanently close. More than 55% of strategies toward a sustainable, resilient, While 75% of municipalities reported municipalities reported that at least half and inclusive future.” having enough financial resources to start vaccination clinics, 72% indicated that of retail businesses and service businesses The complete survey, “Impacts of they do not have access to sufficient vac- had to limit operations, and a quarter of COVID-19 and Recovery Strategies,” can cine supply. In response to an open-ended municipalities reported that at least 10% be found on the School of Public Policy’s question asking what the most helpful of these businesses had to permanently website. resource would be to support munic- close. The survey was distributed online by the ipal vaccine distribution efforts, 63% One-third of municipalities have dis- MMA to municipal leaders in each of the of respondents identified a larger and cussed the possibility of a “green recov- state’s 351 cities and towns. Two town more continuous vaccine supply as most ery,” aiming for low-carbon economic managers, two mayors and members of important. growth that prioritizes renewable energy, the MMA leadership team assisted the Several respondents reported concerns energy efficiency, green transportation UMass team in the survey’s development. about equitable access to vaccines in rural and other environmentally-beneficial ● April 2021 • The Beacon • 11
After difficult year, officials look to promote civility By Jennifer Kavanaugh flict-management skills to shut down Municipal officials seeking more civility offensive comments or to end public and less discord in public life should comment when it becomes repetitive. prepare and follow a consistent written “You can’t lose control of the meeting,” policy for conduct to head off problems Nutting said. “Because that’s really the with residents and other officials before chair’s job.” controversies erupt and bad feelings To minimize conflict, Nutting said, surface. boards and committees should schedule This was the advice of local government hot-button issues early in the meeting, veteran and former MMA President Jeff before fatigue sets in. They should also Nutting during a March 12 webinar on post the conduct rules on Zoom for civil discourse hosted by the Massachu- virtual meetings, or hand out copies setts Select Board Association. when in-person meetings resume. If “You really have to be committed to the needed, the chair should reiterate the cause,” Nutting said. “You have to really rules throughout the meeting, and call say, ‘How are we going to solve this?’ a five-minute recess if proceedings grow and not just pass a policy and throw it in especially heated. It’s important to set the drawer. It has to be an active living and maintain expectations. document. It has to be something that’s “Consistency is critical to people’s used, and something that’s said over and During a March 12 webinar, Winchester perception of fairness,” Nutting said. “If Select Board Member Michael over and over.” you run the meeting the same way, then Bettencourt (top), president of the The stressors confronting local officials people think it’s fair, whether they like Massachusetts Select Board Association, have only intensified over the past year, the answer or not.” and Jeff Nutting, a veteran of local Nutting said, pointing to the COVID-19 When conflict comes from colleagues, government and a past MMA president, pandemic, a strained national political the chair should speak to the abusive discuss the challenges that officials face in climate, remote governance, environ- promoting civil discourse. member, Nutting said. If that fails, the mental challenges, and social media chair should be prepared to rule them vitriol. Despite the challenges, he said, out of order or refuse to recognize them temporary basis, to oversee the Brook- local officials must work to keep the during meetings. If the chair causes line Town Clerk’s Office. He was the public conversation respectful. offense, or doesn’t prevent others’ MMA’s president in 2009, is a former “You do have to set an example — that’s attacks, he said, fellow members should president of the Massachusetts Mu- what leadership is about,” Nutting said. approach the chair with their concerns. nicipal Management Association, and “It’s got to start at the top. … And then In the days before social media, Nutting served for a decade on the MIIA Board hold your own members accountable. said, officials might encounter disgrun- of Directors. Because if you can’t do that, you can’t tled residents at the local coffee shop, MSA President Michael Bettencourt, expect anybody else to follow your lead.” but the officials generally knew them. who moderated the question-and-an- Officials should look at other commu- Now, social media provides a mega- swer session, said local officials are eager nities’ written policies and refer to the phone, and encourages people who want to move on from an anxiety-filled year. MMA’s policy recommendation for civil to pick fights. Local officials should re- A member of the Winchester Select conduct in developing a written conduct spond neutrally to such posts, by offer- Board, Bettencourt said he is the only policy, Nutting said. After developing ing to speak on the phone, or by sharing incumbent from his board seeking the policy, officials should seek as much links and factual information. But they reelection. community support as possible. Boards should never join the online fray. “Not a lot of people are running again and committees should ask appointees “One of the things you have to learn in for positions that they’ve held for a to sign it, and a copy should be provided your career is when just to be quiet,” number of years,” Bettencourt said. “So to political candidates. Officials should Nutting said. “What’s the upside to you, some of it may just be a generational also set clear communication policies what’s the upside to your community, shift, but I think people are tired. It’s with chief municipal officers and staff, what’s the upside to your committee if been tough, it’s been emotional. Social he said. you get dragged into some of this stuff?” media really adds to the anxiety.” Nutting suggested that boards and Nutting has experienced local govern- The open positions will allow for new committees hold annual goal-setting ment from numerous perspectives. He people to get involved, Bettencourt meetings and carefully select board has served on a select board and school said, but he wants to promote healthy chairs. Giving each member a turn may committee, and worked for decades as discourse and ensure that “once they seem fair, he said, but it fails to consider a town administrator for communities connect with government at the munici- the skill set needed for the role of chair, including Stoneham and Franklin, where pal level, they’re able to stay.” ● a position that comes with little or no he spent 18 years before retiring in training. Not everyone has the con- 2019. Most recently, he stepped in, on a 12 • The Beacon • April 2021
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