Belmont Enacts Town-Wide Indoor Mask Mandate Starting Monday

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Photo: A town-wide mask mandate takes effect in Belmont at midnight, Aug. 9.

Belmont will enact a town-wide indoor mask mandate starting at midnight, Monday, Aug. 9, after the Health Board voted unanimously to approve the requirement and the Select Board endorsed the decision 3-0 at an emergency meeting held on Friday morning, Aug. 6.

The mandate will impact all establishments that has public indoor spaces including stores, eateries and offices. (See the order below) The town-wide regulation comes days after the Select Board placed a mask mandate on town buildings.

Belmont’s order mirrors the order passed by the community of Provincetown after the Cape Cod community saw a significant surge in infected residents despite having a 95 percent vaccination rate.

The return of the covering ordinance comes as the Covid-19 Delta variant is sweeping across the country increasing the number of positive coronavirus cases. After nearly a month when the town saw a single positive infection, Belmont has seen a significant uptick of 18 new cases over the past two weeks, with several being “breakthrough”, in which a fully vaccinated person is infected. The CDC has designated Middlesex county as having substantial level of infection.

The town-wide mandate will end when the level of community transmission for Middlesex county as recorded by the CDC is designated as either low or moderate for two consecutive weeks. That information is released by the CDC on Sunday afternoon.

Indoor Mask Mandate At Town Buildings Return Wednesday; ‘Emergency’ Meeting Friday To Discuss Possible Town-Wide Order

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Photo: Belmont welcomes back masks to town

Beginning Wednesday, August 4, visitors and employees in town offices and buildings will be required to wear a mask as Belmont responds to a recent surge of positive cases of Covid-19.

“It’s erring on the side of being cautious. It’s the best thing for the public health and safety of everybody,” said Health Board Chair Donna David as the Select Board approved the sudden return to a mandate after speaking to health and town officials at its Monday meeting. In addition, public meetings will revert back to being held via Zoom or other virtual software.

At this time, there is no scheduled date for the mandate to end.

On Friday morning, Aug. 6, the town’s health and select boards will hold an emergency meeting to discuss expanding the indoor mask mandate to local stores, offices and restaurants. While the town building mandate was a straightforward call, the Select Board appeared less eager to re-establish a full town-wide indoor mask requirement.

“I think the business community’s going to be really upset with us” if masks make a return, said the Select Board’s Mark Paolillo.

It appears Belmont’s schools will continue requiring masks indoors at the district begins the new school year in mid-September, according to Donna David, chair of the Health Board. “They are onboard,” she said.

Adam Dash, chair of the Select Board, told the meeting that in the past when cases were on the rise the town had followed closely recommendations from the state’s health department on mask “but now the state’s basically saying ‘it’s on you’. So here we are.”

At Monday’s meeting, Health Department Director Wesley Chin told the Select Board that after going more than three weeks without a case in early summer, the town has seen 20 Covid cases since July 4, half of which are “breakthrough” cases; when an individual tests positive after they’ve been fully vaccinated against the disease.

“So far, we’ve been lucky we haven’t had any hospitalizations or deaths with these breakthrough cases,” said Chin, noting that those exposed were in their 40s and 50s and relatively healthy. While Belmont has not entered the state’s designated “red” zone of new cases, David said it is moving into that range, with the added complication that within the next three weeks, children – many under 12 and unvaccinated – will be returning to town from family vacations and trips as they settle in before heading back to school.

David said since it has made a “very strong” recommendation to the School Committee to continue its mask mandate, he said her board was “pretty much in alignment that [masks] should extend to the town buildings and offices, whether you are vaccinated or not.”

The reason for being vigilant even with a majority of adults being vaccinated, said David, is due to what is being learned about the variant on a daily basis.

“Each day unfolds new information in terms of the viral load and how it spreads to others,” she told the board. “If you’re at work and you’re exposed and asymptomatic and take it home to your unvaccinated child or somebody who’s immunosuppressed.”

Paolillo said he would support masks for workers and those visiting town-owned facilities “as a way of protecting our employees” especially since the town will not ask who is vaccinated inside a building.

While Town Administrator Patrice Garvin had hoped to give the employees a level of expectation of when the order may cease, it will be up to the Health Board working closely with the town to determine when the mandate will end.

Second Go-Around For Replacing DPW Fuel Tanks Starts With Tuesday Public Forum

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Photo: The location of the DPW tanks.

If you first don’t succeed, hold a public forum. That’s the approach town officials are taking as they prepare to host a first of possibly two public forums on the future of a pair of municipal fuel tanks located beneath the Department of Public Works Yard off C Street.

The forum will take place via Zoom at 7 p.m., Tuesday, August 3. Zoom information can be found on the Town’s calendar at WWW.BELMONT-MA.GOV

“This is such a big hot item that we felt it needed a night onto itself rather than being crammed into a meeting agenda. It needs the respect of having its own night,” said Select Board Chair Adam Dash at the board’s Monday night meeting.

Despite seeing a nearly $500,000 supplemental allocation – which was championed in 2020-1 by the Capital Budget Committee and the Select Board after numerous public meetings – to pay for the removal of the existing 35-year-old tanks with an above-ground model costing a total of $1,033,000 narrowly defeated by the June annual Town Meeting, the town is currently conducting a detailed analysis to answer any questions about the project and refute unsubstantiated claims by three abutters who brought a successful citizens petition to defeat the allocation.

Glenn Clancy, Belmont’s director of Community Development who is leading the analysis, said the first meeting will be a chance for the town to share its findings and information on a couple of items such as ensuring tanks that have passed by several years their useful life and likely Department of Environmental Protection environmental concerns.

“I’m going at this very methodically. I’m starting from the beginning myself but I also recognize that a lot of the work has already been done by town staff and so I’m piecing together information and I’m taking good information from them as they help me inform me on my work,” said Clancy.

Both the Town Administrator’s Office and the Select Board said they will make a final recommendation only after hearing from the public and providing a finished report. The town will bring its proposal to the Special Town Meeting tentatively scheduled for early/mid-November.

Already, possible opposition to the town’s findings is coming from a familiar source. In a note to members over social media, Citizens for a Fiscally Responsible Belmont – a financially conservative group that headed the successful drive to defeat the $6.7 million Proposition 2 1/2 override this past April – will press the town to defend the size of the tanks while demanding it produces cost analysis on the tanks and alternatives.

The only option the CFRB is opposed to is a head-scratcher now as it was when it first promoted it before the June Town Meeting: an abolition of above-ground tanks. Despite the town and outside consultants demonstrated above ground storage was far less costly in the long run than those located underground, it was reported the group abandoned its fiscal conservative credo to solidify greater political support.

For Clancy, the only thing he’s seeking is “validation from the residents that what I’m doing and how I’m going about this.”

“The worst-case tomorrow night is that I come away with a message that I need to be digging deeper or … looking a little closer at certain things, which is fine. You know at the end of the day, what I want is a recommendation that I can make to the board that has broad consensus in the community. So it’s important that the community and the residents feel good about what the town proposes,” said Clancy.

Health Board ‘Strongly Recommends’ Masks In Classrooms As CDC Endorses Coverings In Schools

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Photo: A continuation of the current mask mandate is being proposed by the Board of Health

After an hour long debate, the Belmont Board of Health voted unanimously on July 26 to “strongly recommend” a universal indoor masking requirement for students and staff at Belmont’s public and private schools to begin at the start of the new school year in September.

The decision came about 24 hours before the Centers for Disease Control and Prevention on Tuesday, July 27, endorsed the wearing of masks by teachers, staff members, students and visitors in schools regardless of vaccination status and the rate of community transmission of the virus. 

Monday’s 3-0 vote came after the board nearly approved a mandatory mask requirement but took a step back from the more restrictive sanctions to allow the Belmont School Committee to have its own discussion before accepting or rejecting the board’s decision.

NOTE: Belmont Select Board will discuss a possible town-wide mask mandate at its Monday, August 2 meeting.

But the board’s chair made it clear that it would come back with more definitive mask measures if it believes the school committee will not commit to a clear masking policy.

“[The School Committee] must know what we’re leading up to so a strong recommendation is pretty strong,” said Board Chair Donna David.

The board’s action comes as the highly contagious COVID-19 Delta variant is causing positive cases and hospitalizations to increase after the rates of infection has been dropping over the past four months. The CDC noted in its revised guidance of this week that those fully vaccinated and become infected with the Delta variant can harbor large amounts of the virus as seen in unvaccinated people, thus becoming spreaders of the disease. Those people should return to wearing masks indoors in certain situations, including when vulnerable people are present.

Wesley Chin, the director of the Belmont Health Department, told the board parents were looking for direction from the town on masks as schools are set to open in six weeks. David told the approximately 30 people attending on Zoom that the board’s decision would follow current “scientific knowledge” rather than being decided by a “popular vote.”

“We’re doing it in the best interest of the public health for everyone,” she said.

Vice Chair Julie Lemay said the recent jump in cases in the past week after a relative quiet summer “this information is evolving and it’s evolving quickly.” She believed that to prioritizing moving kids back in the school and keeping schools open, “using mitigation strategies including mask wearing is going to be important” with the knowledge that the policy will be reevaluated during the school year.

Adrienne Allen pointed to guidance from the American Academy of Pediatrics that stressed that if school districts’ goal is “to keep all of our children in person in school all year, universal masking for staff and children is the way to do it.” Until questions of vaccine effectiveness and other issues are addressed, “it’s better to stay the course, follow the AAP and have masking until more is known,” said Allen.

In addition the board members, Director of Nursing Services Beth Rumley spoke on the current mitigation measures the school district have established for the summer session including masks, following up on all absentees and testing for anyone who is out sick. “I hear the concerns about masking but when you have a high volume of students and you have masking, it works,” she said. Nor is masking the only mitigation that needs to be concerned about including checking students and staff who have symptoms and creating a plan to return to school. “We’re going to make decisions with everyone’s safety in mind,” said Rumley.

The majority of residents who spoke Monday were in favor of the masking option. For Mariola Magovcevic, a mask requirement is the only way she will send her two children – one who is at high risk in catching infections – to elementary school in September. Speaking on making mask wearing an option, Magovcevic said such an action “does not protect me from children from spreading the virus who are not wearing a mask.”

Playing roulette with other people’s lives

Heather Rubeski said she’s not worried about her children being infected, “I’m worried about what they’re going to bring home” with her husband’s inoculation just 60 percent effective due to existing conditions. “It’s playing roulette with other people’s lives,” she said. Speaking to residents who have told her that their children “have suffered enough” by learning at home and following mask and other mitigation strategies at schools, Rubeski spoke how her niece and nephew lost their father to COVID as a true cost of suffering.

“It is not suffering to wear a mask for the vast majority of people. It’s unfortunate that as a community we can’t come together a little better and to this one basic thing that’s going to protect so many people … and considering all the families and not just the children in school but teacher families and our families,” Rubeski told the board.

There was not unanimity at Monday’s meeting for the recommendations. Speaking as a resident, School Committee Member Jamal Saeh attacked the board saying that while it earlier declared any recommendation or requirement would be made based on the available science, “I didn’t see it in today’s conversation.”

After pointing to selected studies from the New England Journal of Medicine on the effectiveness of vaccines on different COVID variants, “I don’t know exactly other than our community members who are pushing for [mandates], why we’re having this conversation right now,” said Saeh, who then proposed a “proper” conversation via a large public forum to hear from a “large swath of the community.” He also suggested creating a strategy on mask wearing for vaccinated and unvaccinated individuals and when, upon reaching some undetermined rate of infection, would the mandates end.

In response, David pointed out that there is still much to be known about the Delta variant that carries a lot more viral load within people. “There are new things coming [from the CDC] and school is about to start,” she said, noting that determining a percentage of infection or other numbers that show a decrease in cases “is an evolving process.”

“I don’t think there’s an easy answer,” said David, a comment seconded by Allen, who is a physician. “I don’t feel prepared to set a … number [when to lift a mandate]. I would want to consult with others” but would still follow the AAP guidelines “if we care about equity because it’s really an equity issue for all students.”

While there was consensus among the board for masking and other mitigation measures for indoor activities, LeMay wasn’t prepared to make their decision a requirement for the school district to follow. Rather, she felt the Belmont School Committee should be given the opportunity to discuss the board’s “strong recommendation” on all people wearing masks in schools.

While the board effectively “punted” to the school committee further discussion of the issue, the board said it would moved its next scheduled meeting up to early/mid August to review the information coming from the CDC and the state’s Board of Health with an eye towards following the AAP in its recommendation.

“Look, no matter what we decide, people are going to be upset but that’s not our concern. We’re concerned but it’s not going to influence what were going to do,” said David.

From Acting To Full Time: Castro Named Belmont Town Accountant

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Photo:

Not many times you hear a round of applause for someone getting hire. But then, there’s not that many public servants as well respected and liked as Glen Castro who was named Belmont’s new town accountant at the Select Board meeting on Monday, July 19.

Castro has been the town’s acting accountant since last year, filling the post since the departure of Chitra Subramanian this past October.

“Your role as acting accountant has been very impressive and those who have worked closely [with you] have spoke about you in glowing terms and are behind you getting the job permanently,” said Select Board Chair Adam Dash.

“I love my job, I love what I do and I like to provide the hard work and serve the residents,” said Castro.

A requirement of Castro’s reappointment will be successfully obtaining a Certified Governmental Accountant (CGA) certification within the three years of his initial contract.

A resident of Gardner, Castro came to the Town Administrator’s office in 2010 as a budget analyst, a position held for eight years before transitioning to the town’s budget director in 2018. Castro holds an undergraduate degree in elementary education and earned his Master of Public Administration from the University of La Verne in La Verne, California.

Castro starting salary is $117,553.38 effective July 20.

Belmont Schools Summer Reading List Targeted By Fox News For Alleged ‘Race-centric’ Curricula

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Photo: Fox News has highlighted books on the Belmont Schools Summer Reading List they contend targets ‘Whiteness’

Along with the opening of the Underwood Pool, summer arrives in Belmont when the Public Library releases its summer reading list for the town’s public school students.

Designed to encourage pupils to make reading a habit while raising both their interest in and level of reading, the summer collection runs the gamut from Too Many Cats by Lori Haskins Houran that kindergarteners read with their parents, the fantasy series The Land of Stories by Chris Colfer for middle schoolers and acclaimed novels such as Isabel Allende’s House of the Spirits that rising sophomores in the English honors program will pick up.

“The Library and School Department have worked on summer reading lists for many years, long before I arrived in Belmont in 2015,” said Belmont Public Library Director Peter Struzziero. “It’s always been a great partnership that we look forward to every year.”

For all previous years, the list has been the exclusive purview of school-aged students hoping they made a good choice to read on warm summer days. That all changed when late last week, an ominous headline came across computer screens courtesy of the online version of Fox News: “Massachusetts school district pushes grade schoolers to read books about ‘White privilege,’ ‘Whiteness‘.

That district? Belmont, where books, according to the article, that condemns “Whiteness” are in the recommended summer reading list for grade school students “amid a national uproar over race-centric curricula in schools.” The likely furor the article mentions is linked to the teaching of critical race theory, a catch phrase used by conservative groups and right wing media to condemn studying that racism is systemic in the nation’s institutions and they function to maintain the dominance of white people in society.

A primer on critical race theory can be found at Education Week.

While there is no evidence that critical race theory is taught in any K-12 district in the country – although some teachers who have participated in a professional development sessions have encountered topic – Fox News has refocused its daily coverage towards allegations of students being bullied for being white and forcing them to attend classes that condemn their race. Since March, Fox News programs have mentioned the topic 1,300 times in a little over a 100 days.

The Fox article, authored by Peter Hasson, said the offending books are within a category titled “Race, Culture, and Activism” that are “recommended” for grade school students including one titled Not my Idea: A Book About Whiteness, by Anastasia Higginbotham.

“The imaginary terms [provided by “the devil” to white children that will] offer “stolen land,” “stolen riches” and “special favors,” explained Hasson. It adds that “WHITENESS gets” “your soul” and “to mess endlessly with the lives of your friends, neighbors, loved ones and all fellow humans of COLOR.” “The end contains a section for signature and notes [l]and, riches and favors may be revoked at any time, for any reason,'” in Hasson’s summarized.

Other targeted titles include Jenny Devenny’s Race Cars: A Children’s Book About White Privilege and Stamped, by Ibram Kendi, who is described by Hasson as a “far-left academic” who has called for “an anti-racist amendment to the U.S. Constitution that enshrines two guiding anti-racist principals: Racial inequity is evidence of racist policy and the different racial groups are equals.”

The Fox article came a day after right-wing activist Christopher Rufo tweeted that Belmont was one of 30 communities in the US – five in Massachusetts – using Not my Idea either in classes or are on reading lists. Rufo’s tactics, research and goals have come under increasing fire. As one critic noted, Rufo “takes critical-race theory as a concept, strips it of all meaning, and repurposes it as a catchall for white grievances.”

Racist email follows ‘whiteness’ claim

Reaction to the Fox article and Rufo’s tweet came quickly as an email saturated with White racist and White supremacist tropes – calling for a “Thank You White People Day” – was sent late on July 8 by a “Brian Jenkins” to each member of the School Committee, the district’s Central Office, the district’s six PTOs and the Friends of Belmont Education.

Responding to the Fox article, Belmont Superintendent John Phelan noted the reading list is created “in partnership with our Public Library and are not assigned by the school department.” rather, it is made up of “suggested titles for families to use at their discretion.”

At the June 29 school committee meeting, Phelan addressed just how the list is developed, with an acknowledgment that “I know there have been some questions about how this process is conducted each year.” The selected books, including those highlighted by Fox, are a collaboration between Belmont librarians, district’s curriculum leaders, elementary school principals and assistant superintendent Janice Darius. The library begins the process by reviewing the list from previous years and adding notable new reads.

“They send a draft of the list to the curriculum leaders to review so it will align with each grades curriculum in representing the diversity, cultural, language and race of our students,” said Phelan. Books are taken off the list because they’re already part of a grade level curriculum, if they should belong to a different grade level’s list or “they may be too controversial,” he said.

It is school curriculum leaders who add new books to replace those titles taken off. “The list is then reviewed by the elementary principals, the assistant superintendent and, finally, through my office as well,” said Phelan. The list is then sent to out to all teachers, families and posted on the district’s website.

“I do not think that it is the School Committee’s role to select which books are on the list. We will continue to listen to and communicate with community members and share input received with the district and library.”

Belmont School Committee Chair Amy Checkoway

Phelan reiterated that the the K-7 list are suggested books for families, and “they are not required reading in any way.” These are suggestions for our kindergarten through seventh grade families. There’s one book on the list that is required of our eighth graders; The Giver by Lois Lowry. All other books on the eighth grade lists are also suggestions, said Phelan.

Responding to the Fox article with the Belmontonian, Struzziero said the books in the targeted category “teach about some of the history of racial injustice in our country and attempt to give messages about equality, justice, peace, kindness and many other themes that we want to inspire in all our students.”

“We hope this list will inspire discussion and learning among our families, provide a way to better understand history, and encourage us all to better understand each other. This is really only a highlight of the many books we have available on these topics,” he said.

Speaking directly at Fox News which he said “took into consideration a certain point of view” in its coverage, Stuzzierio said there’s no shortage of opinions on literature or on education of the young. “I won’t comment on what’s credible or not, all opinions are valuable, and we are always happy to have feedback on how to make the Library and it’s collections the best it can be,” he said.

Placing the books highlighted in the the Fox article in great context, Stuzzierio said many were selected at the culmination of the library’s first-ever Community Read last year with its central focus on antiracism. Partnering with more than 700 residents and groups as varied as Belmont Against Racism, the Belmont Religious Council, the Human Rights Commission and the Belmont Chinese American Association, “the community spoke loudly about the place that we want Belmont today,” he said. “It was joyful, community building, and a healing expression of how Belmont supports itself to be such a great place to live and work. It’s been one of the most inspiring chapters in my career,”

As for moving forward on future lists, Stuzzierio said “we’ve heard from many citizens with feedback on this year’s summer reading list. Most citizens thought it was wonderful and a great accent to the work we do, some others had feedback on titles they thought should be removed from the list, or others still included names of additional titles,” he added.

Resident raises his own concern on summer list

One such resident who has been made his concerns known for the past three years is David Benoit. The retired law enforcement officer has been critical of one specific book used by the district since 2018; The Hate U Give, a young adult novel by Angie Thomas that Benoit contends “teaches that opposing views justify violent destructive riots, assaults, and arson” to “highly impressionable BHS students.” This month, Benoit called out the district for placing on the 2021 summer reading list the book Something Happened In Our Town by Marianne Celano, Marietta Collins, Ann Hazzard and Jennifer Zivoin, for elementary grades K-5, which he said is “poisoning the minds of young innocent children.”

Benoit’s letter and a short conversation with him will be published on Saturday.

Stuzzierio said the will use “all the feedback to review our lists and see in what ways we may build upon it for next year. We look forward to working with the School Department on this process,” he said. 

Speaking to the Belmontonian, School Committee Chair Amy Checkoway said the committee will continue to listen to and communicate with community members who are supportive of the books and with those who have concerns about some of the books and further discuss these items at upcoming meetings.

While the committee will plan to review the current lists in August, “I do not think that it is the School Committee’s role to select which books are on the list. We will continue to listen to and communicate with community members and share input received with the district and library,” she said.

When asked what the best approach for the school community to confront political-based charges the district is teaching a “race-centric curricula,” Checkoway said everyone needs “to remain focused on efforts that are already underway in the Belmont Public Schools to ensure that all students and staff have the opportunity to be successful and feel welcome, seen, represented, and supported in our schools including through our curricula.”

She added the committee supports a district-wide racial equity audit to be conducted by an outside firm beginning in the summer with a focus on helping to identify what the district and committee are doing well and areas of improvement in a range of areas including school climate, student outcomes, hiring and advancement practices, student discipline, and more.

“I also look forward to welcoming a new Director of Diversity, Equity, and Inclusion who will report to the superintendent and provide much needed capacity to advance the district’s equity work and support faculty, staff, students, and families,” said Checkoway.

“There is a lot of good work that is happening and plenty of work that remains.”

Town Meeting Votes To Move Forward On Community Path Review; A New Court Coming To Winn Brook

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Photo: The easement along the north side of the MBTA commuter rail tracks adjacent the French/Mahoney property off of Brighton Street.

An attempt by a prominent Belmont resident to kill off funding for a next step review of the proposed community path was beaten back by Belmont Town Meeting on Monday, June 7 showing the at times controversial project continues to hold wide support in town.

The amendment submitted by Frank French to return $200,000 to the Community Preservation Committee was defeated handily, 64-192, coming after a wild debate that saw French’s attorney make what appeared to be not so subtle threat the town is likely to face millions in legal judgments if it pursued the path project. That was followed by Belmont’s long-time state senator Will Brownsberger informing Town Meeting that it was French who wasn’t holding up his end of a decades-old bargain with the state that allowed his family to build on an old railroad right of way.

In fact, according to town officials, the engineering firm working on the path submitted a revised plan Monday morning that no longer required any forced taking which French was opposing, rendering his amendment – which took nearly two hours to debate – effectively moot.

Monday’s meeting – the second of four nights in which members would debate budget and financial issues – followed the script of the first in which a single binding article dominated the nearly four hour session as the meeting took up four projects presented by the Community Preservation Committee. Two projects, transferring $250,000 to the Belmont Housing Trust to initiate affordable housing partnerships and $35,000 in design costs as part of the renovation of Payson Park, breezed through with little trouble.

It didn’t come as a surprise the $200,000 sought by the Community Path Project Committee to determine the right of way for phase one of the path – from the Clark Street bridge to the Cambridge line at Brighton Street as well as a pedestrian tunnel under the MBTA commuter rail tracks at Alexander Ave – was set to begin a lively discourse as French filed his amendment to put the brakes on the project placing the path’s future on hold and effectively in doubt.

A great primer of the community path project can be found here.

Russ Leino, the chair of the Project Committee, told the assembled members (attending over Zoom or viewing on community television) the funds would be used by Nitsch Engineering to prepare a detailed Right of Way (ROW) plan as part of the requirements to obtain federal Transportation Improvement Program money that will pay for the majority of the construction.

The work will determine if any private property will be impacted by the construction, most likely that will be temporary and minor such as access to the property to complete the design work, said Leino, although there could be permanent impacts such as repairing retaining walls and at pinch points “but will not actually run over the property.” Owners can “donate” that access to the town or have an appraisal done to determine a fair dollar compensation which will require another Community Preservation Committee request to fund. ROW work isn’t new to Belmont as the town did a similar project when the state renovated Belmont Street and Trapelo Road and the recent completed Welling Safe Routes to School project. The plan is critical as the federal government and state will not move forward funding without it.

Saying his committee – as well as the town and Select Board – are committed to minimizing impacts to private property, Leino noted a project of this magnitude will effect someone’s lands. “The funding by this appropriation really has to be completed in order to fully understand and quantify … those impacts for the Town Meeting to decide what you want to do with that information,” said Leino.

French, Precinct 2, said he and the Mahoney family that jointly owns the land at the corner of the Brighton and the commuter rail tracks and from where they run their businesses, have granted an easement to the path but are opposed to any permanent takings. French mentioned the long-stand complaint by those opposing the path that it should have been placed on the south side of the commuter tracks (more on that to come). Because there was the likelihood of an eminent domain taking, the families have “consulted” attorney and Belmont resident George McLaughlin.

McLaughlin initially came before Town Meeting not forwarding his client’s claim but his own experience of 37 years of successfully litigating Eminent Domain lawsuits winning millions for his clients. When McLaughlin returned to the amendment at hand, he spoke at length that in his opinion, Belmont has “vastly underestimated” the potential damages from this path to residential property along Channing Road.

This line of argument apparently was far afield from a pre-meeting agreement with Town Moderator Micheal Widmer on what would be discussed. That consensus quickly blew up as Widmer and McLaughlin took issue with how much leeway would be given in arguing the amendment.

”Mr. McLaughlin, as we’ve discussed before this meeting. Eminent Domain is beyond the scope so I’ll repeat, you need to talk about the path,” said Widmer.

“What I’m trying to inform the Town Meeting members is that if they go ahead with this plan, I think they are pursuing a plan that explore exposes the town to, you know, $4 million in damages,” claimed McLaughlin.

While saying that McLaughlin’s general point on eminent domain was “fine” to bring up, Widmer requested the attorney to “please adhere to my request that you stay with the scope of the discussion,” noting he had done so three times. The back and forth continued with both men saying they had grown frustrated with each others stance with McLaughlin claiming Widmer had “changed the rules” of the debate.

As Widmer attempted to wrangle McLaughlin in – with little success – Town Meeting members began bombarding Town Clerk Ellen Cushman with Point of Order claims noting McLaughlin was well outside the scope of the matter at hand. Widmer pointed out that a town meeting could not be run by those citing rules violations.

While French and McLaughlin spoke on the town taking a portion of the property, Leino presented an “11th hour” development in which Nitsch determined on the previous Friday that the latest design no longer required taking a permanent easement of the French/Mahoney property. “It can be done there on the existing easement. I was happy to see that as a positive development,” said Leino.

And Brownsberger turned French’s claims on their head by reviewing the context of how French’s secured the site in the first place. Brownsberger said in 2008, French – who Brownsberger called a friend who he respects – approached Brownsberger seeking his support in building his business office on the site knowing the right of way would bisect the property. French building sits on a historic railroad right of way, used as far back as the 1870s as the Fitchburg to Lowell connection until passenger service ended in 1927 and commercial rail halted in the 1980s. State statutes requires anyone attempting to build on a rail road right of way to first obtain a determination of inapplicability from the Department of Transportation.

In 2009, Brownsberger helped French get the process rolling to build but only if the Mass DOT which regulates rail right of ways would preserve the possibility of building a bike path from Brighton Street to Belmont Center and not give away the entire right of way which it did.

“So the point is that MASS DOT gave the ability for Mr. French to build … but retains the right to build a bike path through it,” said Brownsberger. While he was allowed to build up to the easement, French also crossed into it to install a stone sign, curbing and parking with the hope that a possible bike path would never be built.

“Now I was chagrined when I learned that Mr. French was upset about this process,” said Brownsberger. While acknowledging that previous design plans from Nitsch appeared to violate the decades old compromise between the state and French, Brownsberger “is very relieved that the discussion over the past week … that there is no need” for any additional land taking in the latest engineering blueprints.

With French’s concerns apparently addressed, “I look forward to continuing to support this path,” working with the state so to “keep solving problems and keep moving this fast forward,” said Brownsberger. “As an elected official, I am absolutely committed to making sure this works within the easement.”

Select Board Member Mark Paolillo next spoke in greater detail how town officials and representatives from Nitsch would keep the path within its prescribed easement. He also addressed the need for the route to travel along the northside of the commuter tracks as being due to the reluctance of the owner of an essential rail spur to negotiate with the town.

With debate open to the public, members sentiments ranged the gambit of why the French amendment was allowed to move forward if the “problem had been solved” to Stephen Rosales from Precinct 8 expressing his support for French via the lyrical talents of Kenny Rogers.

”You got to know when to hold them, know when to fold them, know when to walk away and know when to run,” Rosales said, not sung. Despite the Yeoman efforts by the town, “the time has come. Belmont can no longer hold them,” he said noting that the CPC will “ante up” $1.7 million in studies and engineering work without any guarantee of federal or state funding.

Mark Kagan, Precinct 8, said roadblocks such as the French amendment is the reason that popular infrastructure projects are delayed or killed off. Having lived in bike happy the Netherlands, Kagan said cycling is the wave of the future as it promotes safe, fast transportation that is climate friendly. “Let’s vote this down this amendment and move on Belmont, the greater Boston area and the United States into the future,” said Kagan.

The question was called and the subsequent vote on the Amendment was an overwhelming defeat for French. The debate on the $200,000 allocation for ROW costs was anticlimactic and speedy with the article passing, 200 to 50.

Tennis plus one at Winn Brook

Town Meeting voted to add a single tennis court to the existing facility adjacent to the Winn Brook Elementary School playground and the Joey’s Park Playground.

Jon Marshall, the assistant town manager and recreation director, said an additional court was suited to the site because 1. the town can always use more courts, and 2. an additional tennis court will make for a total of five which is needed to hold regular season and tournament contests by the Belmont High School tennis teams.

Opposition to the new court came from two camps: nearby residents and those who wish to see courts on the high school campus. Melissa McIntyre, Precinct 8, opposed the article, not so much the courts being placed in the neighborhood but the public process the Recreation Commission undertook in approving the location. McIntyre said the strip of green space between Joey’s Park and the courts which will be reduced is an important place that is a place to take a break from the hurly burly of the playground and sport fields. Kathleen “Fitze” Cowing, also Precinct 8, asking why unlike other park and recreation projects the tennis court didn’t go through a two-fpart approval process with a design phase followed by CPC construction funding.

But by 10:45 p.m., the meeting had little energy to go against the CPC’s recommendation and there will be a fifth court at the Winn Brook by the start of the varsity tennis season next April.

‘Extra Innings’: Belmont Town Meeting Reconvenes Wednesday With A BRAVE Act Taking Center Stage

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Photo: Town meeting (non virtual)

When Betsy Vose asked her fellow Financial Task Force members Friday morning how the first night of the reconvened Town Meeting had gone Wednesday night, she was caught by surprise when she was told that after nearly four hours the meeting had voted on a total of two articles which included a non-binding resolution.

“So we’re already in extra innings!” said Vose, now expecting with most observers the three subsequent meetings in the next week will be going late into the night.

In the past decade, the budget/expenditure articles before Belmont’s annual Town Meeting are lumped together in what is called Segment B. And due to the near-automatic approval of nearly all the articles during that time, you wouldn’t be that far off to label the segment as B for boring.

But not this year as the 2021 Town Meeting made its return on Wednesday, June 2 (and will continue on Monday, June 7, and Wednesdays June 9 and 14) The second coming of the town’s legislative body – Segment A was completed last month – saw members absorbed in debating the articles in such detail and with a lack of urgency that it is almost preordained the remainder of the meeting is destined to slouch towards Bethlehem.

After an appetizer of the Department of Public Works/ Belmont Police Department Building Committee presenting a report and video of its successful renovation of the police headquarters and DPW building, the first of the main courses were presented in amendment 11, a non-binding resolution for Fossil Free New Construction sponsored by the Energy Committee. Marty Bitner, Precinct 8 and co-chair of said committee.

The article was originally scheduled to come before the 2020 Town Meeting but was pushed back from a year before due to the pandemic when the article was a bylaw change, following a similar change passed by Brookline in 2019 that required all new construction to be fueled by electricity, banning oil and natural gas as options. The Brookline bylaw was later found by the Massachusetts Attorney General to be illegal as the state has the only authority to alter the state’s building code.

Monday’s aspirational resolution seeks to change the state building code to mandate fossil-free construction, direct the state Department of Energy to create a zero net energy “stretch code” requiring buildings to have electrical fuel systems and revise the state gas law to give towns the authority to restrict future gas permits on new construction.

Bitner pointed out passing the article would have Belmont joining 18 other municipalities who are seeking fossil fuel mandates and it will demonstrate Town Meetings commitment to reaching both the town and state’s net-zero carbon emission by the self-imposed 2050 deadline. Opponents, such as Stephen Rosales, Precinct 8, said they want to have choices on what energy source to use, that non-binding resolution reduces Town Meeting to “student government – if you want a community discussion, organize a community forum” and non-binding resolutions can become “gospel” over time. The article passed 188-57 with 8 abstentions.

After the usual 9 p.m. break, Aaron Pikcilingis, Precinct 6, presented his citizens petition (Article 7) dubbed The Brave Act, made up of four provisions. First, town employees who are fulfilling military obligations would be paid to the same extent that state employees are eligible for such payments; second, the town will design and establish a voluntary property tax workout program for veterans; third, the town will provide tax credit and exemption eligibility for disabled veterans who live in and pay taxes on a home that is owned by a trust for their benefit; and fourth, the town will add a tax exemption for Gold Star parents and guardians who lost a child serving during war time.

While not having served in the US military, Pikcilingis felt compelled to submit the article after learning a Belmont employee was using his own vacation time to pay for his service creating infrastructure in the fight against the COVID-19 pandemic while putting themselves and their families at increased risk.

“I believe we should do all we can to support them now and beyond the pandemic as they continue their service where it is needed,” he said.

The first provision would do two things. First. provide full town pay for up to 40 days of paid military service during which service members receive both their town pay and military pay. Currently, depending on the contract, Belmont doesn’t pay for any days or only 17 days if they are either police or fire personnel. Second, the new provision would add differential pay for military service. So, let’s say if an employee’s military pay is less than their town pay, Belmont will pay the difference for those unpaid military days. Currently, four employees would be impacted by the new provision, with the expected annual expense per employee between $4,500 to $18,000 or about $11,300 on average. So four employees would cost the town an extra $45,200 with the range being $18,000 to $72,000.

The other three provisions were straight forwards with the voluntary work program and home owned in a trust each with a very small cost while the Gold Star provision costing $10,000 to $16,000 with a total cost of between $28,000 to $88,000 a year. The act would be reviewed annual and can be ended by Town Meeting vote after three years.

While each provision received general approval, it was the Gold Star tax exemption that produced the most push back including a 3-12 vote by the Warrant Committee against favorable action. Some supporters of the entire article believed those who opposed the provision as it could attract parents who lost children in combat to move to the Town of Homes for “tax-free living for their lifetime” as tone-deaf.

Peg Callanan, of Precinct 7, said that while the town voters did defeat an attempted override in April,
“it is my strong belief that the service and sacrifice of our veterans … should never be measured against a sum of money” then quoted Chairman of the Joint Chief of Staff Gen. Mark Miller who said, “let us never forget those who have given their tomorrow’s for our todays.”

The four provisions passed and the article was accepted.

Breaking: Belmont Town Hall, Offices Set To Open Tuesday, June 1

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Photo: Belmont Town Hall is ready to open on June 1

The return of normalcy after 15 months of COVID restrictions continues as Belmont Town Hall and offices will be open for business on Tuesday, June 1. The opening comes as the Massachusetts intends to lift its COVID-19 restrictions, though masks will still be required in schools, at transportation hubs, and at health care facilities.

Town Administrator Patrice Garvin made the announcement during the Belmont Board of Health’s Monday, May 24 meeting. While the town offices will be open to the public, anyone who is unvaccinated will be required to wear a mask.

The one exception to the openings will be the Beech Street Center, due to the large number of older residents who congregate in the building. A set date for its opening will be announced in the future.

Garvin called in to recognize the Board of Health and all in the Health Department for its work during “this crazy year.” “You were so vital with your guidance and thoughtful response to residents and staff,” said Garvin.

“When I look back years from now about this time, that’s what I’ll remember first,” said Garvin.

Protected Bike Lanes, New Parking Set Up, And Drop Off Zones Coming To Concord Ave This September [Update]

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Photo: A protected bike lane in Portland, Oregon.

Both sides of Concord Avenue will soon have protected bike lanes from Belmont Center to Blanchard Road on the Cambridge city line as part of a new road “striping” design to make the main thoroughfare safer by the time the high school section of the new Belmont Middle and High School opens in mid-September.

With a deadline breathing down the town’s – aka Town Engineer Glenn Clancy – neck to complete the job on-time, the Transportation Advisory Committee voted 7-0 on Thursday, May 13 to approve a revised blueprint delineating the street presented by consultants that will transform travel and parking on the street.

TAC’s recommendation now heads for a final OK by the Select Board which will take up the committee’s endorsement at its Monday, May 24, meeting.

The mark up of the roadway will begin in August to be completed by the opening of school in mid-September.

Bill Schwartz, a principal at the Boston office of Nelson/Nygaard, said the latest plan for Concord Avenue was created with the new Middle and High School in mind in an effort “to see more students walking and … more students biking to campus” while creating a plan that will calm the traffic rising the corridor in cars.

The most significant change to the current setup will be the parking-protected bike lanes located from the curb and separated from the roadway by a buffer zone and parking spaces. In many places, plastic bollards – known as flex poles – located in the buffer zone will delineate the separation between parking and the new path.

“This was a commitment made during the high school planning project stage,” said Schwartz of the bike lane.

The current practice of parking along the curb and the bike lane next to a busy traffic lane “discourages less experienced cyclists from driving” on the street and ends the “big hazard of getting ‘doored’ by someone opening their door from a parked car,” said Schwartz.

Schwartz said the bollards will be needed for a specific time until drivers become familiar with the new arrangement. He noted the bollards can be removed during the winter to allow snow plowing. Clancy said he wants to be “very judicious” in the number of flex poles used.

There are two designated drop-off/pick-up locations at the new school; on the south side just past Oak Street and directly opposite Orchard Street on the north side. Each will have four spots.

The plan calls for the reduction and relocation of some MBTA bus stops, spaced approximately 1,300 feet as opposed to the current 400 to 600 feet “so that the buses are not stopping so often” which makes for “pretty frustrating” travel, said Schwartz. The revisions plan will reduce the number of stops to four along the stretch of street.

The number of parking spaces along the road has been increased from the first plan after comments from businesses located inbound from the Cambridge line who felt too many spaces were being removed affecting the their business. The consultants moved a bus stop on the east side of Trowbridge Road and used parking zones rather than individual marked spaces.

In the most congested residential area from Blanchard to Underwood – the north side of the street from the Cambridge line to the street leading to the new school – the latest version picked up more parking spaces, yet the number of parking spaces have dropped from 31 to 23, a loss of nine total. And that’s the rub for residents along the street who live in mostly two and three-family houses.

Jeff Held of Concord Avenue said the overall reduction of parking will hit home for those who live between Blanchard and Hamilton roads – which will see parking spaces fall from 11 to 7 – as he sees residents competing with construction workers and high school students looking for parking for the next two years as the middle school segment of the project is under construction. Held said the solution is for the protected bike lane to begin at Underwood as the current path “is very generous” and “co-exists really nicely” with the roadway and vehicles.

But Schwartz was opposed to having a “big stretch of the project unprotected” which he believes defeats the point of having a protected bike lane. TAC Chair Dana Miller quickly put a halt to the residents suggestion, instead receiving a commitment from the town and Belmont Police to come up with a parking control plan to prevent those spaces being used all day by students or non-residents while calling Nelson/Nygaard to give more thought on “how we can approach [parking] most constructively.”

Update: A sentence was added after the article was initially published online to clarify that the TAC’s vote was a recommendation that needs Select Board approval before the striping expense can be placed in the fiscal year 2022 Pavement Management contact.