MMA cites UGGA, Ch. 70 as priorities
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Vol. 49, No. 4 A Publication of the Massachusetts Municipal Association | www.mma.org April 2022 MMA cites UGGA, Ch. 70 as priorities By Jackie Lavender Bird Ruthanne Fuller, who said a 2.7% local On March 15, the MMA testified before aid increase “doesn’t keep up with in- the Legislature’s Joint Committee on flation,” which is already straining local Ways and Means on key municipal pri- budgets. orities for the fiscal 2023 state budget, “We’re looking at layoffs this year,” she leading with its case that unrestricted said. “We need your help.” local aid should better reflect the histor- Beckwith pointed out that fiscal 2023 ic state tax collections of the past few state tax collections are forecasted to years. be $2.5 billion higher (7.3%) than the The MMA is strongly advocating for a tax base that was used to pass the fiscal larger increase in Unrestricted General 2022 budget last July, and state tax col- Government Aid, the state’s main reve- lections have increased by $6.32 billion nue-sharing mechanism, than the 2.7% (21.3%) since fiscal 2020. Newton Mayor Ruthanne Fuller testifies that Gov. Charlie Baker proposed in his Beckwith said the governor’s budget during a March 15 Joint Ways and fiscal 2023 budget bill. Means Committee hearing on education (known as House 2) uses a recently “Communities are facing a much tighter upgraded revenue estimate for fiscal funding and local aid. budget picture than the state” in fiscal 2022, rather than the one used in the 2023, said MMA Executive Director and state budget as enacted, “leading to an CEO Geoff Beckwith. “This is a critical artificially low growth projection” that the growth in state revenues and local time for communities.” fails to share the higher-than-expected aid. Joining Beckwith at the hearing was revenue growth with cities and towns. The MMA is urging the Legislature to MMA President and Newton Mayor He said the past two years have seen an “unprecedented divergence” between n BUDGET continued on 22 Inside Legislature OK’s supplemental budget with dining rules House passes Ch. 90 bill By Jackie Lavender Bird for fiscal 2023............................3 The House and Senate passed a $1.6 billion fiscal 2022 supplemental budget Auditor finds 29 laws on March 31 that includes $100 million impacting municipal for repairing winter damage to local roads finances...................................... 4 and an extension of rules for expanded outdoor dining and takeout cocktails. MMA weighs in on draft The bill (H. 4578) would extend deadlines MBTA community zoning for expanded outdoor dining under rules rules .............................................5 A $1.6 billion supplemental spending bill that were initially created in response to sent to Gov. Charlie Baker would extend the public health emergency — rules that deadlines for expanded outdoor dining. MMA holds 5 virtual had been due to expire on April 1. (Photo courtesy Abby Auld/Massachusetts legislative briefings..................7 Department of Transportation) Under an executive order issued in 2020, Mass Innovations............................... 17 municipalities were permitted to use an expedited process to approve temporary The bill would also extend, through April Around the Commonwealth............ 18 1, 2023, an emergency provision allowing permits for new or expanded outdoor People.................................................24 dining and alcohol service. The rules have restaurants to sell beer, wine and cocktails Classifieds..........................................28 since been extended by legislation. The to go. That provision was due to expire on Legislature’s bill would extend the rules May 1. Calendar............................................ 34 through April 1, 2023. n SUPPLEMENTAL continued on 21
2022 MMA Board of Directors Executive Director’s Report The MMA Board of Directors holds regular meetings in Boston, followed by a meeting of A permanent option to ‘pandemic-proof’ municipal governance the Local Government Advisory Commission with the administration. For information on the board’s activities, call the office of MMA The public has seen the very best pandemic — especially during Executive Director Geoff Beckwith at from government at all levels the extraordinary shutdown 617-426-7272. during the pandemic. Local, period two years ago — was the Executive Committee state and federal officials have rapid implementation of virtual Ruthanne Fuller, MMA President collaborated as never before, meetings to keep government Mayor, Newton responding to the public health operating. With COVID-19 Jill Hai, MMA Vice President crisis with agility, rapid change transmission flattening, com- Select Board, Lexington management and innovative munities are gradually moving Adam Chapdelaine, MMA Immediate Past approaches to vexing problems. By Geoffrey back to in-person meetings, President The governor and lieutenant Beckwith many are allowing their indi- Town Manager, Arlington governor, members of the Leg- vidual public entities to decide Brian Arrigo, MMaA First Vice President Mayor, Revere islature, state agencies and our federal which mode feels most comfortable, and Steve Bartha, MMMA First Vice President lawmakers have worked with cities and some — those fortunate enough to have Town Manager, Danvers towns as true partners during the most the resources — are considering hybrid Lisa Blackmer, MMCA President complex intergovernmental action of formats. Councillor, North Adams our lifetimes. This has saved countless One of the unique characteristics of George “Bud” Dunham, MMMA President lives and made Massachusetts far safer municipal government is that cities and Town Manager, Sandwich than most states. towns are dominated by “nighttime” Andrew Hogeland, MSA First Vice President Select Board, Williamstown The omicron variants are still perco- governance. Mayors and city and town Samantha Squailia, MMCA First Vice lating throughout our communities, managers hold the reins during the day President yet all leading health indicators point and manage the professional staff and Councillor, Fitchburg to a new phase of the pandemic. The implement policy. In general, though, Melinda Tarsi, ATFC First Vice President massive spike of transmission in Jan- a huge portion of local government is Industrial and Development Committee, Mansfield uary receded as quickly as it came, and shaped by community residents who are John Trickey, ATFC President communities are moving toward a “new elected or appointed. Local government Finance Committee, Pelham normal” mode, with contingency plans relies on volunteers (or near-volunteers) Linda Tyer, MMaA President that can be quickly scaled to reintroduce to make essential policy decisions. With Mayor, Pittsfield vaccine and mask requirements in public few exceptions, city and town coun- Michael Walsh, MSA President Select Board Member, Westwood places, testing protocols, and other cils, select boards, school committees, Geoff Beckwith (non-voting) active health interventions. Members health boards, and planning and zoning MMA Executive Director of the public and businesses are moving boards meet at night, as do dozens of forward as they feel comfortable, mostly citizen-led panels in every community. in the same direction, but at their own In total, there are thousands of local Ted Bettencourt, Mayor, Peabody speeds. boards, committees, commissions, and Lisa Braccio, Selectman, Southborough authorities in our 351 towns and cities. Denise Casey, Deputy Town Manager, One of the unsung victories during the North Andover n DIRECTOR’S REPORT continued on 23 Ralph Figy, Councillor, Westfield TheBeacon Andrew Flanagan, Town Manager, Andover Claire Freda, Councillor, Leominster TheBeacon (ISSN 0199-235X) is published Scott Galvin, Mayor, Woburn monthly, except for a combined July- Afroz Khan, Councillor, Newburyport April 2022 | Volume 49, Number 4 August issue, by the Massachusetts Nicole LaChapelle, Mayor, Easthampton Copyright © 2022, Massachusetts Municipal Association Municipal Association, 3 Center Plaza, Andrea Llamas, Town Administrator, Northfield Manager of Communications & Suite 610, Boston, MA 02108. The MMA is John McLaughlin, Councillor, Waltham Publications & Digital Membership Director composed of the Massachusetts Selectmen’s John Mangiaratti, Town Manager, Acton Communications Candace Pierce Association, the Massachusetts Mayors’ John Ouellette Publisher Association, the Massachusetts Municipal Dan Matthews, Select Board, Needham Associate Editor Geoffrey Beckwith Management Association, the Massachusetts Moises Rodrigues, Councillor, Brockton Jennifer Kavanaugh Alan Slavin, Selectman, Wareham Design Municipal Councillors’ Association, and the Digital Communications Full Circle Design Association of Town Finance Committees. Peter Spellios, Select Board, Swampscott Specialist Kevin Sweet, Town Administrator, Wrentham Meredith Gabrilska Subscription rate for TheBeacon is $36 per Arthur Vigeant, Mayor, Marlborough year. An $18 subscription fee is included in Kristi Williams, Town Manager, Westborough Massachusetts Municipal Association dues payments for members. Massachusetts Interlocal Insurance Association Michelle Wu, Mayor, Boston We encourage readers to send comments, story 3 Center Plaza, Suite 610, Boston, MA 02108 617-426-7272 • www.mma.org ideas, news items, and events notices to editor@ Twitter and Facebook: @massmunicipal mma.org. 2 • The Beacon • April 2022
House OK’s $350M for range of road programs By John Ouellette and Adrienne Núñez On March 30, the House passed a Chapter 90 bond bill for fiscal 2023 that would continue to level-fund the local road and bridge program at $200 mil- lion, while adding $150 million for other infrastructure programs. The additions include $30 million for the Municipal Small Bridge Program, $30 million for Complete Streets, and $40 million for design, construction, re- Auburn Town Manager Julie Jacobson (left) and Mount Washington Select Board pair and improvements on non-federally Member Jim Lovejoy (right) testify at a Chapter 90 hearing on March 9. aided roads and bridges, including state routes and municipal roads. The bill also adds a total of $50 million serve three state parks, but receives just to municipal grant programs to improve “Chapter 90 is something $70,000 per year in Chapter 90 funding. access to public transportation — $25 that we depend on on a “This is not very much, in today’s con- million to improve bus stops and sta- struction scenario, to get work done,” he tions, and $25 million for mass transit regular basis to match said. “Chapter 90 is something that we and commuter rail stations and parking with town funds, dollar depend on on a regular basis to match lots, and related enhancements. for dollar, to do basic with town funds, dollar for dollar, to do Base Chapter 90 funding has been basic maintenance. … With the climate held at $200 million since fiscal 2012. maintenance. … With changes that we’re experiencing, it’s The MMA and local officials have been the climate changes becoming more and more difficult.” pressing for a $100 million increase to that we’re experiencing, Like many communities, the town of help offset a substantial loss of purchas- Dedham has invested in a pavement ing power over the past 11 years. The it’s becoming more and management program, but is finding it inflation-adjusted value of the proposed more difficult.” – Mount harder to fund scheduled maintenance $200 million allotment has dropped to $117 million since 2012 — a loss of $83 Washington Select Board due to the increasing costs of materials and construction, Public Works Director million (42.6%) in purchasing power. Member Jim Lovejoy Joseph Flanagan testified. The MMA submitted written testimo- ny that outlines the declining value of The MMA panel also emphasized the Chapter 90 funds. At a preliminary hearing on March 9 be- importance of timely passage of the fore the Joint Committee on Transpor- Chapter 90 bill, and an accompanying The MMA’s recently updated biennial bond terms bill, so that cities and towns tation, MMA Executive Director Geoff survey about local road funding needs can spend their fiscal 2023 allocations Beckwith and local officials empha- across the state shows that cities and during the spring construction season. sized the urgent need for a permanent towns need at least $600 million in increase in Chapter 90 to $300 million In mid-February, Gov. Charlie Baker Chapter 90 funding to keep 30,000 per year, indexed to grow with inflation. filed a $2.4 billion spending bill that miles of locally owned roads and bridges They also asked the committee to sup- included a one-time, $100 million sup- safe, in good condition, and able to sup- port a multiyear bill, in order to provide plemental appropriation for Chapter 90. port local economies. predictability for local budgets and road The House and Senate did not include During debate, legislative leaders said project planning. that line item in the bill they enacted on that they recognize how important March 31, but they did include a sepa- Auburn Town Manager Julie Jacobson Chapter 90 is to cities and towns, but rate $100 million line item for a mu- said her town receives approximately are cautious about increasing funding nicipal winter road recovery assistance $600,000 in Chapter 90 funds per year, until a consensus is reached about up- program. The winter road funds would but it needs to spend $2.4 million per dating the decades-old formula, which be distributed to all cities and towns year to keep up with its 20-year pave- is based on road miles, population and based on road miles in the community, ment management plan. Over the past employment. Communities with slower and could be used for the rehabilitation, 10 years, she said, Chapter 90 repre- growth or declining population, but the reconstruction, resurfacing or preserva- sented just 42% of the town’s roadway same number of road miles, have voiced tion of roadways. improvement budget, leaving the town concerns that the current framework to fund more than half the costs. The House action on March 30 keeps makes it harder to maintain their share of the state’s local roads. Mount Washington Select Board Mem- the Chapter 90 bond bill on track for ber Jim Lovejoy testified that his town timely passage as it now moves on to has 20 miles of roads, portions of which the Senate. ● April 2022 • The Beacon • 3
Auditor finds 29 laws with municipal financial impact By John Ouellette • An Act Relative aid accounted for 22.2%. By fiscal 2020, A report from the State Auditor’s Divi- to Educational however, tax levies accounted for a larger sion of Local Mandates identifies 29 state Opportunity for share of total municipal revenue (58.4%), laws passed between 2016 and 2020 that Students (Chapter while the state aid share had decreased, have a significant financial impact on 132 of the Acts accounting for 19.1%. Between fiscal Massachusetts cities and towns without of 2019), which 2010 and fiscal 2020, municipal tax lev- sufficient state funding to offset the includes a section ies and local receipts increased by 50.2% costs. that rewrites and 35.3%, respectively, but state aid definitions for increased by just 22.3%. The “Five-Year Statutory Fiscal Impact the Chapter 70 Report,” released on March 23, finds The report points out, however, that program, as well as Suzanne Bump “state aid revenues do not show the that the state continues to pass laws rules for calculating that often require resources from cities entire picture of the actual funding that foundation budgets — changes that municipalities receive from the Com- and towns for implementation, and could cause higher spending by some that these measures are largely financed monwealth,” as cities and towns are also districts that do not receive additional charged assessments by the Common- by local property taxes as state aid lags aid from the adjusted formula behind increasing local costs. The report wealth for certain services and programs. also documents that state aid as a share • An Act to Improve Public Records In fiscal 2020, municipalities received of total municipal revenue decreased be- (Chapter 121 of the Acts of 2016), $5.9 billion in state aid, but were charged tween fiscal 2010 and fiscal 2020, while which requires municipalities to $1.1 billion in assessments, so munici- state assessments on cities and towns designate and post the contact palities actually received $4.8 billion in increased. information of at least one employee net state aid, representing 16.1% of total as a records access officer, required to municipal revenue. The report is called for by state law coordinate, document and respond to (M.G.L. Ch. 11, Sect. 6B) and covers public records requests, while limiting State assessments increased by $497 calendar years 2016 through 2020. opportunities to charge for public million (82%) between fiscal 2010 and “This report offers a thorough and record requests fiscal 2020. Considering these charges, detailed account as to how pieces of leg- state aid net of assessments increased by • An Act Relative to Criminal Justice just 13.7% over the 10-year period. islation and statutes impact the bottom Reform (Chapter 69 of the Acts of line of municipal finances,” State Auditor 2018), which requires local law- The report did not examine years after Suzanne Bump said of the report. “It enforcement agencies to improve fiscal 2020. details how, despite legislation having accountability for in-service training The Division of Local Mandates responds good intentions, there can be unforeseen required by the Municipal Police to requests from local governments to cost elements associated, which can come Training Committee, as well as by this determine if a state law is an unfunded in a variety of ways from adding staffing law, with an enhanced curriculum mandate on municipalities. The agency requirements, to adjusting formulas that includes bias-free policing and also serves as a source of information on to determine costs, and requiring new handling complaints involving persons issues harming municipal budgets, and services. with mental illness or developmental provides recommendations to address “It is our hope,” she continued, “that disabilities, among other topics those issues. this report is a useful tool to members MMA Executive Director Geoff Beck- In addition to its five-year fiscal impact of the Legislature to take into consider- with said, “We applaud the release of report, the Division of Local Mandates ation how state laws impact the limited Auditor Suzanne Bump’s report, which issues reports on various policies having resources of our cities and towns.” expertly documents the fiscal pressures a significant financial impact on munic- The Division of Local Mandates reviewed that municipalities face as they seek to ipalities that did not rise to the level of 1,629 pieces of enacted legislation and deliver core services to community resi- a mandate that requires state support. identified 29 statutes with a financial dents. Auditor Bump’s Division of Local In recent years, the DLM has explored impact on cities and towns, dividing Mandates clearly explains the financial and made recommendations related to them into the categories of education, challenges at the local level, with state aid public infrastructure in western Massa- elections, employees, employment bene- to cities and towns not keeping pace with chusetts, water infrastructure, regional fits, licensing, municipal services, public budget needs, state mandates that are schools, educational services for children safety, and taxation. not fully reimbursed, and a growing reli- in foster care, municipal police training ance on property taxes to fund municipal and accountability, and payments in lieu The 29 statutes include: services. We fully support the auditor’s of taxes (PILOT). • An Act Modernizing Municipal Finance legislative and funding recommenda- and Government (Chapter 218 of the tions, which would provide real relief to • Download the Division of Local Acts of 2016), which includes a section our communities.” Mandates’ Five-Year Statutory Fiscal that provides a new formula for value Impact Report ● The report finds that, in fiscal 2010, local of state-owned land that has a negative property tax levies accounted for 55.3% impact on certain municipalities of total municipal revenue, and state 4 • The Beacon • April 2022
MMA, MMLA weigh in on draft MBTA zoning rules By John Ouellette • Suitable for families with children Days before the end of the public com- MBTA communities that fail to create a ment period, the MMA and the Mas- zoning district that complies with Section sachusetts Municipal Laawyers Asso- 3A would be ineligible for funds from the ciation jointly submitted a letter to the MassWorks Program, the Housing Choice Department of Housing and Community Initiative, and the state’s Local Capital Development on draft rules for a new mul- Projects Fund. tifamily zoning requirement for “MBTA The DHCD, in consultation with the Mas- communities,” and requested an opportu- sachusetts Bay Transportation Authority nity to be involved in a revision process to and the Massachusetts Department of make them more workable. New multifamily zoning rules are intended to promote housing around Transportation, was charged with pro- The letter states the organizations’ transit nodes. mulgating guidelines that would be used support for the goals of the new Section to determine if an MBTA community is in 3A of the state’s Zoning Act (Ch. 40A) “to compliance with Section 3A. encourage local zoning that supports tran- The letter points out that the MMA The DHCD released draft guidelines on sit-oriented development with a particular “raised significant concerns” in a letter Dec. 15 and opened a public comment focus on the creation of multifamily hous- to the governor on Jan. 7, 2021, when period through March 31. The DHCD also ing near public transit stations.” The letter the legislation was pending, “and those created a web page with draft compliance also acknowledges that some of the 175 concerns have not been resolved.” criteria, information about technical MBTA communities, particularly more Created by the 2021 economic develop- assistance, and other supplemental infor- densely developed ones, may be comfort- ment bill, Section 3A requires MBTA com- mation. able with the draft guidelines. munities to have a zoning ordinance or During a Jan. 12 webinar, Housing and “Both of our organizations, however, have bylaw that provides for at least one district Economic Development Secretary Mike heard from a greater number of municipal of reasonable size in which multifamily Kennealy and DHCD officials stressed that officials who express significant, grave housing is permitted as of right. the guidelines are focused on zoning and concerns about the draft guidelines, Such a district must meet the following protecting local flexibility, and are not a including, among other concerns, that criteria: mandate for housing production in MBTA they are cumbersome, contain unrealistic communities. requirements and timeframes, and, with • Minimum gross density of 15 units per the very limited technical assistance that acre For the 2022 cycle, an MBTA community will be available, create an unfunded bur- will be deemed to achieve interim compli- • Not more than one-half mile from ance and remain eligible for the grant pro- den upon their municipalities,” the letter a commuter rail station, subway grams offered through Community One states. “Our organizations are therefore station, ferry terminal or bus station, if Stop for Growth as long as it completes concerned that the goal of Section 3A can- applicable an online MBTA Community Information not be successfully achieved through the draft guidelines in their current form.” • No age restrictions Form by May 2. ● MunEnergy to hold meetings focused on energy markets, sustainability By Katie McCue • April 13: Westwood Police Department, and towns. The MMA’s MunEnergy program will host 588 High St. MunEnergy provides valuable resources to a series of meetings this spring for mem- • April 29: Southborough Police cities and towns, including a unique mu- bers to learn more about the value of the Department, 32 Cordaville Road nicipal contract, energy experts who pro- MunEnergy program, with a focus on the • May 11: Lakeville Police Department, vide information and answer questions, current state of energy markets. 323 Bedford St. and a focus on sustainability solutions. The free meetings will cover: Registration, available on the MMA web- MMA members can work with the team site, is required for these meetings. at Constellation on their climate goals • Energy markets, including impacts due through a range of innovative solutions. to the crisis in Ukraine On May 12, a virtual meeting will be held • Constellation’s sustainability offerings, from noon to 1:30 p.m. (Register through Local officials can receive the latest energy and how they can help municipalities Zoom) information from the MMA by sending reach their climate goals The MMA formed the MunEnergy pro- their energy contact information to ener- • MunEnergy’s unique contract designed gram in 1998 to help Massachusetts cities, gy@mma.org. specifically for cities and towns towns and government entities stabilize For more about the MunEnergy program, In-person breakfast meetings will be held energy costs and simplify energy man- visit www.mma.org/munenergy or contact from 8:30 to 10 a.m. on the following agement. Constellation is the program’s Katie McCue at kmccue@mma.org or 617- schedule: trusted partner for energy procurement 426-7272, ext. 111. ● and education for Massachusetts cities April 2022 • The Beacon • 5
Senate releases cannabis bill for debate next week By Ali DiMatteo concerns about provisions that would ordinances or bylaws to allow for The Senate Ways and Means Committee expand Cannabis Control Commis- the sale of marijuana products for has adopted a new draft of a wide-rang- sion powers, which could undermine consumption on the premises ing cannabis bill that is expected to be established local authority, as well as The MMA is encouraging communities debated in the Senate next week. the potential reduction of community with host community agreements to impact fees. share the language of the Senate propos- The new draft (S. 2801), released on March 31, removes the most prob- In part, the bill would: al with their legal counsel and discuss lematic provisions that were in earlier • Grant the Cannabis Control the measure with their senators prior versions, which were the subject of an Commission expanded authority to April 7, when debate is scheduled to MMA letter to the chairs of the House to approve contracts between host begin. and Senate committees on Ways and communities and local marijuana The MMA continues to be supportive of Means on March 18. establishments the bill’s provision establishing a Social While the new bill eliminates sections • Prohibit community impact fees as a Equity Trust Fund, which would provide that would have retroactively interfered share of total sales, and limit the fee to grants and loans to Economic Empower- with existing host community agree- an amount less than 3% of total sales ment or Social Equity participants. ● ments, the MMA continues to have • Allow for local voter initiatives, ARPA webinar covers rules for non-entitlement units of government By Jackie Lavender Bird reporting guidance for municipal officials. enforce the Interim Final Rule if a use of The U.S. Department of the Treasury, The Final Rule, which was published funds is consistent with the terms of the which is administering the Coronavirus in January and takes effect on April 1, Final Rule, regardless of when the SLFRF State and Local Fiscal Recovery Funds un- provides state and local governments funds were used. der the American Rescue Plan Act, hosted with broader flexibility to pursue a wider The webinar details the documentation an informational webinar on March 21 for range of uses to respond to local public needed for non-entitlement units of non-entitlement units of government. health and economic needs. The rules were governments to submit their first Project ARPA’s State and Local Fiscal Recovery simplified, so state and local governments and Expenditure Report to the Treasury by Funds are divided into two categories: met- can focus on responding to the needs of April 30. ro cities, which are typically municipalities constituents and maximize the impact of NEU’s receiving more than $10 million with a population greater than 50,000, their funds. will need to submit additional Project and and non-entitlement units of government, The Treasury Department has made it Expenditure reports 30 days following each which have populations below 50,000. clear that, even prior to April 1, SLFRF quarter for the duration of the program. Treasury officials discussed changes includ- recipients may take actions and use funds NEU’s receiving less than $10 million ed in the Final Rule for the SLFRF and an- in a manner consistent with the Final Rule, will file Project and Expenditure reports swered questions concerning streamlined and the department will not take action to annually. ● The MMA office is open in a hybrid format Two years after the MMA closed its to serve and support our office at One Winthrop Square in Boston members.” due to the COVID-19 pandemic, staff MMA staff look forward are returning to the MMA’s new office at to bringing members 3 Center Plaza. and guests into the office Staff are working in a hybrid format, sometime soon. and continue to be available to members The MMA has begun both at the office and by phone and holding member meetings email while working remotely. and conferences in person “We are thrilled to bring MMA and MIIA again this spring. staff back together in our new office Contact: Katie McCue at space in a way that feels safe,” said Katie 617-426-7272, ext. 111, or McCue, the MMA’s director of Adminis- kmccue@mma.org tration, Finance and Operations, noting Staff are returning to the MMA office at 3 Center the spacious layout and state-of-the-art Plaza. ventilation system. “Our new office is an ideal space for staff to work to continue 6 • The Beacon • April 2022
MMA holds legislative briefings for local officials By Alandra Champion fund the state’s obligation to payments Unrestricted General Government Aid, in lieu of taxes for state-owned land (PI- Chapter 70 education funding, the Chap- LOT), and enact a multiyear Chapter 90 ter 90 road maintenance program, and bill of at least $300 million per year. other local aid accounts were the leading They provided updates on a fiscal 2022 topics at the series of MMA Legislative supplemental budget bill and a $5 billion Briefings held in March. general government bond bill filed by Some 250 local officials and more than the governor with spending for several 30 legislators and their staff attended the municipal priorities. They also high- five virtual meetings, held on March 4, 7, lighted some major pieces of legislation, 11, 14 and 16. including extensions of pandemic-related Rep. Sally Kerans of Danvers speaks allowances, election reform bills, recy- during the MMA’s March 14 Legislative The MMA presentations focused on key cling bills, and legislative redistricting. Briefing. local government priorities for fiscal 2023. Legislative Director Dave Koffman The MMA thanked legislators for a $4 and Senior Legislative Analyst Jackie billion COVID recovery law, enacted in needs an increase to support road proj- Lavender Bird set the stage for upcoming December, which included strong assis- ects across the state. major decisions and opportunities in the tance to municipalities. Local officials highlighted a range of fiscal 2023 state budget. At the March 4 briefing with local issues affecting their municipalities, The MMA is urging the Legislature to officials and legislators from Berkshire, including affordable housing, economic increase UGGA by 7.3% in fiscal 2023, Franklin, Hampden, and Hampshire development in smaller communities, instead of the 2.7% increase proposed in counties, Rep. William “Smitty” Pig- revenue loss, regional partnerships, and Gov. Charlie Baker’s budget recommen- natelli gave a timeline for the upcoming water and climate challenges. dation. Bird gave a state tax collections House and Senate budget proposals, and stressed the importance of discussing pri- The MMA hosts the series of briefings update, which provides context for bud- across the state twice per year to give get discussions. orities with legislators during this time. local leaders, legislators and MMA staff Koffman and Bird also discussed the Rep. Tricia Farley-Bouvier, Rep. Susan the opportunity to network, exchange MMA’s call to increase Chapter 70 mini- Williams Gifford, Rep. Steven Howitt, information and discuss issues of impor- mum aid to $100 per student, fully fund Rep. Paul Schmid and Rep. Pignatelli tance in state and local government in an school transportation accounts, fully all agreed that the Chapter 90 program informal setting. ● Administration files $9.7B infrastructure bond bill On March 17, the Baker-Polito ad- The legislation includes $6.2 billion to nity public spaces through several grant ministration announced the filing of support core federal formula programs programs” including Complete Streets, an infrastructure bond bill that would for highway, transit and environmen- Municipal Small Bridge, Municipal Pave- support the investment of $9.7 billion tal projects to increase infrastructure ment, and Shared Streets and Spaces. in the Commonwealth’s roads, bridges, investments with a focus on climate Energy and Environmental Affairs railways, transit agencies and environ- change mitigation, resiliency, equity, Secretary Kathleen Theoharides said mental infrastructure. and safety for all users, particularly the bill would “enable the Common- In addition to investments in transpor- cyclists and pedestrians. wealth to make significant investments tation and environmental infrastruc- The bill would boost ongoing efforts in zero-emission vehicle programs and ture, the administration said the bill, by the Massachusetts Department of infrastructure” and further the admin- called “An Act Relative to Massachu- Transportation and the Massachusetts istration’s efforts to decarbonize the setts’s Transportation Resources and Bay Transportation Authority to invest state’s transportation system. Climate,” or MassTRAC, would provide in and modernize the state’s transpor- The bill includes provisions to enable the required state matching funds to com- tation system, and includes $3.5 billion MassDOT and the MBTA to use certain pete for and leverage federal formula in potential state matching resources to project procurement and delivery tools and discretionary investments provided support the aggressive pursuit of new that could speed the implementation by the Bipartisan Infrastructure Law and existing federal discretionary and of federally funded projects, as well as enacted last November. competitive grant programs available regular project delivery. “Building upon the [Bipartisan Infra- under the Bipartisan Infrastructure Law. • See administration press release for structure Law], this legislation will make Lt. Gov. Karyn Polito pointed out that more details ● a meaningful difference in the acceler- the bill includes $55 million “to sup- ation of projects that are set to receive port investments in cities and towns to federal funding,” Gov. Charlie Baker said promote bicycle and pedestrian safety at a press event held in Worcester. and invigorate our downtown commu- April 2022 • The Beacon • 7
Town meetings returning indoors on regular schedule By Jennifer Kavanaugh meetings, some towns are still spreading More than two years after COVID-19 out into multiple rooms, or holding the upended in-person public meetings, meetings in larger venues than usual, to towns around the state are increasingly provide some level of distancing. returning this spring to indoor town Marshfield will hold its Town Meeting meetings, with fewer pandemic-related on April 25 in the high school gym with provisions. open windows and fans. Concord’s May In an online forum used by members of 1 meeting will use several spaces within the Massachusetts Municipal Manage- its high school. Acton plans to spread out its May 16 meeting for the comfort Groveland residents gather for their Town ment Association, more than 30 town Meeting in 2020. Many more towns this managers recently shared their com- of attendees. spring are returning to in-person, indoor munities’ town meeting plans. The vast “We will offer two large rooms to offer town meetings. majority of those who responded expect spacing options for those who want it,” to hold in-person meetings indoors and wrote Mark Hald, Acton’s assistant town on time this year. manager. more-contagious BA.2 variant that is Of the communities that responded, Leaders from several communities — in- now the most common COVID strain in only a few, including Harvard and Truro, cluding Auburn, Foxborough, Nantuck- the United States. Arlington Town Man- have plans for outdoor town meetings. et, Sharon and Wilmington — described ager Adam Chapdelaine said his town Lexington decided to stick to its plan for their meetings as being mask-optional, is planning an in-person, indoor Town a virtual Town Meeting, which began on while Weston said that masks will be Meeting on April 25, but with a caveat. March 28. encouraged. “We are also preparing for the possibil- A few towns have postponed their A few managers acknowledged the ity of it moving to virtual,” he wrote, meetings by a few days or weeks, but possibility that their town’s plans could “depending on the trajectory of the BA.2 most communities that responded said change depending on COVID and the variant.” ● they remain on schedule. For the indoor State begins distribution of pandemic premium payments On March 23, the Baker-Polito admin- 2020 Massachusetts tax returns, their webpage about the program, including istration announced that it was starting income from employment was at least income eligibility by family size and FAQs. distribution of the first round of $500 $12,750 — the equivalent to working 20 The payments represent the first round payments for low-income workers under hours per week for 50 weeks at minimum of a $460 million program established by the COVID-19 Essential Employee Premi- wage as of 2020 — and their total income the state’s COVID recovery law, using a um Pay Program. put them below 300% of the federal pov- portion of the state’s allocation from the The payments will be mailed to approx- erty level. American Rescue Plan Act. The admin- imately 500,000 people over the next Individuals who received unemployment istration announced its plans for the week, officials said. compensation in 2020 will not be eligible program last month. Municipal employees who meet the for the first round of payments, nor will The legislation creating the Premium Pay income qualifications are among those Commonwealth executive branch employ- program also allocated $40 million to fund eligible for this first premium pay program ees who received or will receive a one-time previous agreements with state employee of its type in the nation, which was created payment from the state as their employer. unions. by the state’s $4 billion COVID recovery Eligible individuals will receive the A second round of premium pay payments law enacted last December. payment in the form of a check mailed to will be made using information from 2021 Massachusetts residents will be eligible them. tax returns. ● for first-round payments if, based on filed The state has created an informational Get MMA.org updates in your mailbox The MMA offers a weekly email news- ers won’t miss any website updates, with minute news on major stories. letter that provides a digest of all the a summary arriving in their mailbox To sign up for either or both newslet- updates posted each week on www. every Friday morning. ters, use the short and simple form at mma.org. The email subject line is “MMA Weekly www.mma.org/about-mma/newslet- The MMA website is a great source for Review.” ter-sign-up. all the latest developments related to The MMA also offers a Breaking News – Meredith Gabrilska local government in Massachusetts. The email option that provides up-to-the- email newsletter ensures that subscrib- 8 • The Beacon • April 2022
Water infrastructure funding will provide boost By Robert D. Cox Jr. When President Biden signed the $1.2 The EPA claims the law is trillion Infrastructure Investment and Jobs Act (also known as the Bipartisan “the single largest federal Infrastructure Law) last November, he investment in water ever pledged a much-needed influx of federal made.” But for close money for clean water projects over the next five years. to 80 years, Congress The law will invest more than $50 billion provided federal funds to upgrade America’s aging water infra- to municipalities to The federal government is investing structure, address lead in drinking wa- ter, and deal with PFAS contamination, address local water more than $50 billion to upgrade aging water infrastructure. all the while ensuring that funding is quality challenges. The directed to disadvantaged communities. water construction grant Most of the water infrastructure dollars over the next 20 years. The Massachu- will flow through existing State Revolv- programs of the 1970s setts Water Infrastructure Finance ing Funds (SRF), which have provided and ’80s paid for the bulk Commission estimated in a 2012 study low-cost financing for such local projects of today’s infrastructure. that there was a $20.4 billion gap in for decades. The U.S. Environmental water infrastructure funding. These Protection Agency reports that states figures, generated before PFAS became have successfully stewarded more than another $10 billion will address PFAS a contaminant of concern, are now $190 billion in SRF funds since 1988. and emerging contaminants. outdated and most certainly an under- estimate. Though the influx of more These state revolving funds receive EPA Massachusetts will receive about $188 than $50 billion nationwide for water money in the form of annual capital- million as a first-year allotment in 2022. programs — and more than $1 billion ization grants, supplemented by state Over the next five years, the state is to Massachusetts — is significant, the matching money and loan repayments projected to receive $375 million for water funding gap identified a decade to local governments. These are consid- the Clean Water SRF and $257 million ago remains. ered revolving funds, since local govern- for the Drinking Water SRF, according ments give loans, receive the repay- to the most recent calculations by the For most communities, water and waste- ments, then loan the money out again. MassDEP. In addition, $328 million water infrastructure is long past its will be dedicated to removing lead from expected lifespan and in need of urgent The Massachusetts Clean Water Trust repair, replacement and upgrade. Local administers two SRF programs in the drinking water, $32 million will address PFAS contaminants in clean water, and ratepayers will continue to be largely state: The Clean Water SRF and the responsible for the cost of clean and safe Drinking Water SRF. The trust manages another $87 million will deal with PFAS in drinking water over the next five water, and rates will need to increase to the flow of funds to borrowers, while make necessary investments. the Department of Environmental years, estimates show. Protection handles project development Funding will also be given to 12 feder- Most local governments also face and oversight. ally recognized geographic programs, complex affordability challenges, with including $15 million to the Southeast some communities addressing shrinking The federal infrastructure law provides rate bases, while others, with growing supplemental funding to Massachusetts New England Coastal Watershed Resto- ration Program. populations, face increasing segments clean water and drinking water SRFs, of their rate base unable to afford the which already have annual capitalization While the infrastructure law is signifi- rising costs of clean water. grants of $55 million and $25 million, cant, it needs to be put in perspective. respectively. The EPA claims the law is “the single The success of building a stronger largest federal investment in water ever infrastructure with these new federal While the EPA is still working on specific made.” But for close to 80 years, Con- funds will depend on the ability of local guidance, the new infrastructure law gress provided federal funds to munic- clean water utilities to put the dollars to directs 49% of federal funds to commu- work. While MassDEP staff can assist, nities as grants or principal forgiveness ipalities to address local water quality challenges. The water construction grant communities will need to understand loans and makes the remaining 51% the process and take advantage of these of funds available to communities for programs of the 1970s and ’80s paid for the bulk of today’s infrastructure. expanded opportunities. low-interest loans. A decade ago, however, the EPA esti- Robert D. Cox Jr. is an environmental Nationwide, the drinking water and attorney at Bowditch & Dewey LLP. clean water SRFs will receive $23.43 bil- mated that an investment of more than lion, while $15 billion will be dedicated $655 billion was needed for drinking to replacing lead service lines and water and wastewater infrastructure April 2022 • The Beacon • 9
$1.6M in regionalization and efficiency grants awarded On March 25, Lt. Gov. Karyn Polito an- • $200,00 for regional wastewater nounced $1.6 million in grants through management for Sandwich, Barnstable, the Community Compact Cabinet Bourne, Falmouth and Mashpee Efficiency and Regionalization program, • $200,000 for shared police services for which helps municipalities improve Russell and Montgomery the efficiency and cost-effectiveness of service delivery. • $187,000 for shared police services for Leyden and Bernardston At an event in Buckland, Polito said this year’s Efficiency and Regionalization • $130,707 for regional animal control grants will fund “a wide range of innova- for Uxbridge, Blackstone, Douglas, tive projects that will have outsized ben- Hopedale, Mendon and Millville Lt. Gov. Karyn Polito announces the efits” for local residents and businesses. fiscal 2022 Community Compact Effi- • $100,000 for shared human resources ciency and Regionalization Grant Pro- “We appreciate the continued commit- for Adams, North Adams and gram awards at Buckland Town Hall ment of our local community leaders in Williamstown on March 24. (Photo courtesy Joshua identifying opportunities to drive max- • $95,000 for regional economic Qualls/Governor’s Press Office) imal impact through these collaborative development for the Pioneer Valley regional efforts,” she said. Planning Commission, focusing on The administration launched the the following rural communities: • $25,000 for shared police services for Efficiency and Regionalization Grant Blandford, Brimfield, Chester, Dalton and Hinsdale Program in fiscal 2017 to provide funds Chesterfield, Cummington, Goshen, Formed in January 2015, the Commu- that may be used toward the planning Granby, Granville, Hadley, Hampden, nity Compact Cabinet is chaired by the and implementation of regionalization Hatfield, Holland, Huntington, lieutenant governor and includes the initiatives, including shared services, Middlefield, Montgomery, Pelham, secretaries of Housing and Economic intergovernmental agreements, consoli- Plainfield, Russell, Southampton, Development, Education, Transporta- dations and other collaborative efforts. Tolland, Wales, Westhampton, tion, Energy and Environmental Affairs, Williamsburg and Worthington and Technology Services and Security, The program has issued 86 grants for a total of $7.1 million in funding for one- • $94,902 for a regional sustainability the senior deputy commissioner of Local time or transition costs for municipali- coordinator for Westford and Carlisle Services, and the assistant secretary of ties, regional planning agencies, school • $70,280 for the Berkshire Regional Operational Services. districts and councils of government. Planning Commission to develop a The Cabinet elevates the administra- This year’s awards are: shared town administrator program, tion’s partnerships with cities and initially with Savoy towns, champions municipal interests • $200,000 to support shared police across all executive secretariats and services for Buckland and Shelburne • $46,852 for shared police services for Becket and Otis agencies, and develops, in consultation • $200,000 for regional fire training for with cities and towns, mutual standards Norwood, Bellingham, Canton, Millis, • $40,000 for Northfield to explore and best practices for both the state and Norfolk, Sharon, Stoughton, Walpole, regionalization of its Emergency municipalities. ● Westwood and Wrentham Medical Services MVP grant program opens FY23 funding round The Executive Office of Energy and En- ties in completing the assessment and proposals for MVP Action Grants, which vironmental Affairs is seeking proposals resiliency plans. provide funding to designated MVP for Municipal Vulnerability Prepared- Communities that complete the MVP Communities to implement priority ness (MVP) Planning Grants, which planning grant program become cer- climate adaptation actions identified provide support for Massachusetts tified as an MVP community and are through the MVP planning process or cities and towns to complete climate eligible for MVP Action Grant funding. similar climate change vulnerability vulnerability assessments and develop assessment and action planning that action-oriented climate resiliency plans. The link to the RFR and required forms has led to MVP designation after EEA can be accessed through the MVP review. The program helps communities define program website or directly on COM- climate-related hazards; understand MBUYS. Planning Grant applications are Projects are required to use climate data how their community may be impacted due by 4 p.m. on June 7 (via email) for and projections. Projects that propose by climate change; identify existing and MVP planning processes that must be nature-based solutions or strategies that future vulnerabilities and strengths; and completed by June 30, 2023. rely on green infrastructure or conser- develop, prioritize and implement key vation and enhancement of natural actions. State-trained MVP providers Action grants systems and that have robust offer technical assistance to communi- The Executive Office of Energy and n MVP GRANT continued on 21 Environmental Affairs is also seeking 10 • The Beacon • April 2022
MMA profiles new leaders of MSA, MMCA By Jennifer Kavanaugh the City Council, of which she is current- As a way to introduce them to members, This month, we feature ly president. There, she embraces the region’s sense of community. the MMA is sitting down for interviews Westwood Select with the new presidents of the member “When someone’s down on their luck, groups who took office in January. Board Member Michael we all step up,” Blackmer said. “I’ve seen This month, we feature Westwood Select Walsh, president of the people show up at a spaghetti supper, or a Board Member Michael Walsh, president Massachusetts Select chicken dinner or some fundraising event, of the Massachusetts Select Board Asso- when I know that they really don’t have ciation, and North Adams Councillor Lisa Board Association, and anything, but they still show up because Blackmer, president of the Massachusetts North Adams Councillor something happened to somebody in the community.” Municipal Councillors’ Association. Lisa Blackmer, president Last month, we spoke with Pittsfield May- Since January, Blackmer has been the of the Massachusetts school business administrator for the or Linda Tyer, president of the Massachu- setts Mayors’ Association, and Sandwich Municipal Councillors’ Northern Berkshire School Union. She was previously the treasurer and collec- Town Manager George “Bud” Dunham, Association. tor in Buckland, town administrator in president of the Massachusetts Municipal Management Association. Sandisfield, and human resources and best way that we can address them,” Walsh accounting manager for the Wheatleigh Michael Walsh said. “You get both sides, so you have to Hotel in Lenox. She earned a bachelor’s Depending on figure out what is that compromise, where degree and master’s degree in business the time of day or is that middle ground, to try to help peo- administration from the Massachusetts season of the year, ple see things from both perspectives.” College of Liberal Arts, and completed the people might find MMA-Suffolk Certificate in Local Gov- Michael Walsh in Walsh served as the MSA’s first vice ernment Leadership and Management any number of president last year, after having served program in 2019. settings: at a select as secretary. As president, he hopes to board meeting, in a get more members engaged with the Blackmer served on the City Council for a courthouse, or be- group, especially as people emerge from a decade starting in 2008. After a two-year hind a DJ console. remote-only environment. break, she rejoined the council in 2020. Michael Walsh She has also served on the North Adams But for Walsh — A father of six, Walsh lives with his wife Planning Board since 2018. whose titles include and three youngest children, along with Westwood Select Board chair, 2022 pres- their 8-year-old labradoodle, Sandy. They She became more involved in the MMA ident of the Massachusetts Select Board also have a home in North Falmouth, about a decade ago, when she joined Association, attorney, and disc jockey — and for the past 28 years in a row, he has the Policy Committee on Municipal and all of those roles intersect as he connects enjoyed vacations in the Caribbean. Regional Administration. She served as with people. Even if it means getting the president of the MMA in 2016, has been “I guess I would be an Arubaholic,” he said, party started in his part-time job as DJ president of the MMCA since January adding that being near the water brings Mike Walsh. 2020, and currently serves on the MMA’s perspective. Fiscal Policy Committee. “I like music so much, and it’s kind of a “When you sit next to the ocean,” he said, public service,” he said. “You’re still out In terms of her MMCA goals, Blackmer “you realize what a small influence you there. You’re still with the public. And wants to provide followup training for are, compared to the ocean.” you’re trying to make sure that everyone new councillors, after they’ve had a few there has a good time. Lisa Blackmer months of experience. She also wants to For Lisa Blackmer, alternate between remote and regional “Believe it or not, it’s kind of a continua- president of the meetings, to increase access for members. tion of just being in the public and getting Massachusetts Mu- a good result.” Councillors, she said, have one priority in nicipal Councillors’ their communities: “Funding, funding and Walsh has practiced law for more than Association, public funding.” three decades, having earned degrees in service took root in communications and speech and in law western Massachu- Blackmer lives with her husband, Bill, from Suffolk University. He currently setts, where local and their cat Charlie. They look forward focuses on workers’ compensation and government makes to traveling again, to Ireland and the Social Security law. a big impact, and beach. Closer to home, she finds refuge Lisa Blackmer where neighbors in the vegetable garden that she and her Walsh enjoys using his professional skills help each other out. husband grow. to help people, including on the Select Board, where he has served since 2014. Born in Pittsfield and raised in Williams- “I guess it’s my happy, quiet place,” she burg, Blackmer moved in 1986 to North said. ● “I like being able to listen to people, hear Adams, where years of volunteering led to their concerns and try to figure out the April 2022 • The Beacon • 11
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