Category Archives: People

Brookline people and their stories

Circuses: cheaper than bread

Last fall, the cockroach candidate attacked “people who are registered to vote in more than one state.” At the time, an Associated Press reporter recently discovered, his “voter fraud expert” Gregg Allen Phillips was registered to vote in three states: Alabama, Mississippi and Texas.

A “voter fraud” investigation recently vanished from political radar. Jonathan Lemire of Associated Press quoted Lindsay Walters as saying on February 3 at the White House, “I do not have an update at this time.” The cockroach President had enjoyed no political “honeymoon.” Less than a day after he took office, millions of protesters had begun to march in more than 600 events held world-wide.

This January 21, at least 500,000 demonstrated in Washington, DC, and in Los Angeles, 200,000 in New York City and in Chicago, 150,000 in Boston and many hundreds of thousands in at least 300 other U.S. cities–all together the largest single day of demonstrations in U.S. history. Many more hundreds of thousands demonstrated in London, Paris, Mexico City, Buenos Aries, New Delhi, Sydney, Tokyo and hundreds of other locales on all the continents.

The next day, the New York Times dropped its whining about “fact checking” and “errors”–writing that the new President told a “lie” about supposedly winning the popular vote. That seemed to startle some readers of the Grey Lady, but it likely had no impact on voters who chose this President.

Sewage clerks: Early last year, the Politico organization dispatched three experienced reporters to review the cockroach candidate and check out the sewage. On average, they found a false statement for each five minutes of public contact.

*** “death of Christianity in America”
*** Sen. Rubio “totally in favor of amnesty”
*** taking “no money from donors” [then $7.5 million]
*** we send Japan “nothing” [$62 billion in 2014 imports]
*** owns a “successful winery” [denied by the actual owner]
*** “Made in the USA…not anymore” [$4.4 trillion in 2014]
*** “winning every poll with the Hispanics” [losing in all]

Harry G. Frankfurt, a social philosopher, published a widely quoted essay, On Bullshit, in 1986, when he chaired the Philosophy Department at Yale. It anticipated the cockroach candidate, as Prof. Frankfurt, now retired from Princeton, noted in discussions with reporters last year. That candidate, he said, “provides a robust example of someone who…indulges freely both in lies and in bullshit.”

Reporters and news media, repeatedly smeared by the cockroach President, have begun checking every claim and describing what they find. Associated Press posts a “fact check” summary at least once a week. The New York Times publishes “fact check” stories about public events and news conferences.

*** This administration is running like a fine-tuned machine….
“Trump’s first month has been…missteps and firestorms”

*** I inherited a mess….
“Incomes were rising and the country was adding jobs”

*** ISIS has spread like cancer….
“Islamic State…began to lose ground before Trump took office”

*** The biggest Electoral College win since Ronald Reagan….
“The winners of five…won a larger Electoral College majority”

*** You probably saw the Keystone pipeline I approved….
“He hasn’t approved the Keystone XL pipeline”

– from Associated Press, February 20, 2017

No prior President has been so rampantly and casually dishonest. History offers other salient examples in U.S. politics, notably from campaigns against Communism and drugs. At a party conference in West Virginia held in February of 1950, the late Sen. Joseph McCarthy (R, WI) waved a sheaf of papers that he said named “205…individuals..loyal to the Communist Party” and working in the State Department. After years of filth, smears and lies, McCarthy was eventually censured by the Senate. He died in office, likely from alcoholism.

Present danger: Clear dangers from an unhinged President are war and financial collapse. An unhinged Walker Bush was left a strong economy and a world in tension but not at war. From him we got Iraq, the September 11 hijack attacks that he was warned about a month before and the worst economic crisis since the Great Depression. It took eight years of an Obama administration to work through the disasters.

The cockroach President has already shown signs of trouble. We need to keep the heat on and be prepared to act when he falters. He has earned no charity. As Kevin Baker noted, writing in the New York Times, “Mr. Trump was exposed enough for any thinking adult to see exactly what he is.”

– Craig Bolon, Brookline, MA, February 21, 2017


Jim Drinkard and Calvin Woodward, AP fact check: Trump’s view at odds with events of the week, Associated Press, February 20, 2017

Linda Qiu, Fact check: what Trump got wrong at his rally, New York Times, February 18, 2017

Charles J. Symes, Why nobody cares the President is lying, New York Times, February 4, 2017

Jonathan Lemire, Trump executive order on voter fraud quietly stalled, Associated Press, February 3, 2017

Garance Burke, Trump’s voter fraud expert registered in 3 states, Associated Press, January 30, 2017

Michael D. Shear and Emmarie Huetteman, Trump repeats lie about popular vote in meeting with lawmakers, New York Times, January 23, 2017

Kevin Baker, The America we lost when Trump won, New York Times, January 21, 2017

Nika Knight, On first full day as President, Trump attacks the press, Common Dreams (Portland, ME), January 21, 2017

Robert King, Trump says it’s OK if ‘rigged’ voters vote for him, Washington (DC) Examiner, October 22, 2016

David Greenberg, Are Clinton and Trump the biggest liars ever to run for President?, Politico Magazine, July, 2016

Harry G. Frankfurt, Donald Trump is BS, Time, May 12, 2016

Daniel Lippman, Darren Samuelsohn and Isaac Arnsdorf, Trump’s week of errors, exaggerations and flat-out falsehoods, Politico, March 13, 2016

Harry G. Frankfurt, On Bullshit, Raritan Quarterly Review (Rutgers, New Brunswick, NJ) 6(2):81-100, 1986

Craig Bolon, Second day: millions protest, Brookline Beacon, January 22, 2017

Second day: millions protest

The day after the recent inauguration of a new President, millions of protesters marched in more than 600 events held world-wide. The protest in Washington, DC, drew about three to five times the numbers at the inauguration, by different estimates. It may have been the largest demonstration ever held there, rivaling the 1969 protest against the Vietnam War.

At least 500,000 demonstrated in Washington and in Los Angeles, 200,000 in New York and in Chicago, 150,000 in Boston and many hundreds of thousands in at least 300 other U.S. cities–all together the largest single day of demonstrations in U.S. history. Many more hundreds of thousands demonstrated in London, Paris, Buenos Aries, Mexico City, New Delhi, Sydney and hundreds of other locales on all the continents.

Despite its enormous scale, the Washington, DC, protest did not result in arrests. No major incidents were reported from any of the other U.S. events. Protesters called for respecting women’s rights and civil rights and for promoting friendship. “Love Trumps Hate” was a common theme–mocking the sexist, racist, hate-filled campaign conducted by last year’s winning candidate.

True to form: The recently installed President, who campaigned like a sleazebag, began governing like a jerk. His first full day in office sounded like a two-year-old’s tantrum. According to Julie Pace of Associated Press:

“[With] a memorial to fallen CIA agents…as the backdrop, [Trump claimed that] journalists are ‘the most dishonest human beings on Earth.’ Looking out at an audience of men and women who have played a direct role in the nation’s wars against terrorism, Trump said, ‘I have a running war with the media.’ High-level CIA leaders stood silently as the commander-in-chief unleashed his off-topic attacks….”

John O. Brennan, the outgoing CIA director, called out the incident, saying he was “deeply saddened and angered” at the remarks. According to a wire-service report based on interviews with participants, “Many people felt used and awkward.”

The new President has nominated a rigidly reactionary slate of appointees and touted a hostile, insulting approach to government. He has gone far outside conservatism into a cult of personality. For better or worse, he has already ignited flames of conflict within his administration and with Congress.

– Craig Bolon, Brookline, MA, January 22, 2017


Alanna Durkin Richer, Tami Abdollah, Juliet Linderman, Brian Witte, Matthew Barakat and David Dishneau, Associated Press, Defiant women to Trump: your agenda won’t go unchallenged, Action News (Pittsburgh, PA), January 22, 2017

Colin Dwyer, Maggie Penman, Mandalit del Barco and Frank Langfitt, Women’s Marches go global: postcards from protests around the world, (U.S.) National Public Radio, January 21, 2017

Jason Easley, Women’s March is the biggest protest in U.S. history as an estimated 2.9 million march, Politicus USA (Los Angeles), January 21, 2017

Timothy B. Lee, Aerial photos show large crowds at Women’s Marches across the country, Vox (New York City), January 21, 2017

John Wright, DC Metro reports second busiest day in history for Women’s March, behind Obama inauguration. NCRM News (Washington, DC), January 22, 2017

Associated Press, More than 1 million trips taken on DC rail system for Women’s March, Action News (Pittsburgh, PA), January 22, 2017

Jessica Rice and Heather Navarro, 750 thousand flock to downtown LA for Women’s March, NBC Los Angeles, January 21, 2017

Evan Allen, Eric Moskowitz, Laura Crimaldi, Patricia Wen and Nicole Fleming, Boston rally draws up to 175,000, officials say, Boston Globe, January 21, 2017

Julie Pace, Associated Press, Trump promises big change but picks small fights, WTOP (Washington, DC), January 22, 2017

Jonathan Lemire and Jill Colvin, Trump uses bogus claim to knock media on reports, Associated Press, January 22, 2017

Ryan Browne, Former CIA chief Brennan bashes Trump over speech during CIA visit, Cable Network News, January 22, 3017

Jonathan Martin, Inaugural speech dims GOP hopes for a more conservative Trump agenda, New York Times, January 21, 2017

Doina Chiacu and Jason Lange, White House vows to fight media ‘tooth and nail’ over Trump coverage, Reuters (UK), January 22, 2017

Peter Baker, Glenn Thrush and Maggie Haberman, Rocky first weekend for Trump troubling top aides, New York Times, January 22, 2017

Obama’s legacy: tracking hate crimes

Electing an African-American as U.S. President in 2008 capped centuries of bigotry and began a legacy of inclusion. An image of Obama taking the oath of office became a picture worth a billion words. Despite all the flapping from Europe and Asia about peace and tolerance, so far nothing comparable happened there. For example, there has been no Franco-Arab president of France–not even someone mentioned or on the horizon.

A quiet message, the obverse of promoting inclusion, was delegitimizing racial and ethnic hate. From growing up with bigotry, signs are easily remembered–serving as sly handshakes through words and acts that signal shared outlooks: “one of the gang.” Electing a black President, then re-electing him to another term said, “No, that’s not OK any more. That’s not us.”

Lynching and race riots grew in the aftermath of the Civil War and continued into the 1940s. The way of inclusion became an official outlook through the Great Depression, the era of World War II and the landmark Brown v. Board decision from the Supreme Court in 1954. That did not make it the common way of life. Hate crimes against African-Americans surged during civil rights struggles of the 1950s through the 1970s.

Tracking hate crimes: The U.S. Department of Justice finally began to record hate crimes in 1992, as required by the Hate Crime Statistics Act of 1990 and the Arson Prevention Act of 1996. [Public Laws 101-275 and 104-155] About 17,000 law enforcement agencies now contribute to annual reports. Records since 1996 are available online as part of Uniform Crime Reports compiled by FBI central offices. However, the Justice Department does not publish trends and has not tried to provide consistent reporting.

Anti-African-American hate crimes

usantiblackhatecrimes2009thru2015
Source: U.S. Department of Justice, 2016

Data from the U.S. Department of Justice show that the most numerous reported hate crimes target African-Americans, Jews and Muslims. For 2015, recent hate crime data show about 1,750 incidents targeting African-Americans, about 660 targeting Jews and about 260 targeting Muslims.

Anti-Jewish hate crimes

usantijewishhatecrimes2009thru2015
Source: U.S. Department of Justice, 2016

The most recent U.S. population survey for race and ethnicity estimates 43 million African-Americans. The most recent survey for religion estimates about 6 million Jews and 3 million Muslims. Proportionately, the 2015 rates of hate crimes per million residents were about 40 targeting African-Americans, 110 targeting Jews and 90 targeting Muslims.

Anti-Muslim hate crimes

usantimuslimhatecrimes2009thru2015
Source: U.S. Department of Justice, 2016

Crime trends: Hate crime statistics reflect crime motives as reported by law enforcement agencies–not as determined by courts or as found by other third parties. They are affected by reporting bias. If, for example, law-enforcement training increased likelihoods that incidents were flagged as hate crimes, then rates of reported hate crimes would rise, but such increases would reflect training rather than changes in crime rates.

The falling rates of reported hate crimes targeting African-Americans, down about 20 percent for the five years from 2010 to 2015, signal apparent progress during core years of the Obama administration. There was similar apparent progress in lower rates of reported hate crimes targeting Jews, falling about 25 percent over that five-year span.

However, reported hate crimes targeting Muslims increased significantly, about 60 percent over those years. All of that increase occurred during the final year, 2015. Not shown in the foregoing charts, a sustained and even greater increase occurred in reported hate crimes targeting Native Americans. They tripled between 2010 and 2013, then remained nearly steady at the increased rate.

Situations of Native Americans might be so different from those of other groups for reported rates to be largely fictions. On the basis of hundreds of interviews, Barbara Perry, a professor of criminology at the Ontario Institute of Technology, estimated in 2008 that hate crimes targeting Native Americans had been drastically under-reported. A sharp rise in reported rates between 2010 and 2013 could stem from reporting improvements during the Obama administration. Ken Salazar, Interior secretary during those years, promoted policies of inclusion toward Native Americans. So far no systematic survey has addressed the issues.

Causes and consequences: Filth spread by Donald J. Trump’s campaign for President acted to relegitimize and encourage racist behavior, starting in 2015. Trump did not need to “be” a racist or an anti-Semite but just to become a fellow traveler. His race-baiting dog whistles drew poisonous support from Nazi, Klan and other white supremacist groups. He circulated some of their propaganda. There is an obvious precedent. Former President Wilson also drew support from racist groups. The first Southerner elected since Taylor in 1848, he resegregated parts of the federal workforce, notably the Post Office.

Just as Wilson’s attitude and behavior encouraged lynching and growth of the Ku Klux Klan, vile propaganda emerging around the Trump campaign probably encouraged recent hate crimes–notably against Muslims, whom Trump savaged. People with antisocial outlooks and violent bents are apt to find signs of acceptance and perhaps approval. Unless Donald J. Trump were somehow to reverse his ways and become a beacon of tolerance, we can expect a parade of moral cretins and their crimes to surge in future years.

– Craig Bolon, Brookline, MA, November 18, 2016


Errin Haines Whack, Associated Press, Trump’s staff picks alarm minorities: ‘injustice to America’, U.S. News, November 18, 2016

Hate crime statistics for 2015, U.S. Department of Justice, November 11, 2016

Adrian Walker, The politics of hatred and resentment seem headed for defeat, Boston Globe, November 7, 2016

Dana Milbank, Anti-Semitism is no longer an undertone of Trump’s campaign. It’s the melody, Washington Post, November 7, 2016

Trump closes his campaign as he opened it: preaching xenophobia and hate, Daily Kos (UK), November 7, 2016

Michael Finnegan, Trump stokes terrorism fears, citing refugee ‘disaster’ in Minnesota, Los Angeles Times, November 6, 2016

Sarah Posner and David Neiwert, How Trump took hate groups mainstream, Mother Jones, October 14, 2016

Stephanie McCrummen, Finally: someone who thinks like me, Washington Post, October 1, 2016

Daniel Marans, Meet members of Donald Trump’s white supremacist fan club, Huffington Post, August 25, 2015

Martin Pengelly, American Nazi Party leader sees ‘a real opportunity’ with a Trump Presidency, Manchester Guardian (UK), August 7, 2016

Emily Flitter, Reuters, Trump tweet that blasts Clinton as corrupt includes the Star of David, Washington Post, July 2, 2016

Tom Shoop, When Woodrow Wilson segregated the federal workforce, Government Executive (Washington, DC), November 20, 2015

William Keylor, The long-forgotten racial attitudes and policies of Woodrow Wilson, Boston University Office of Public Relations, March 4, 2013

Population statistics, Bureau of the Census, U.S. Department of Commerce, 2016

Gregory Smith, et al., America’s changing religious landscape, Pew Research Center, 2015

Barbara Perry, Silent Victims: Hate Crimes Against Native Americans, University of Arizona Press, 2008

Brown v. Board of Education, Leadership Conference (Washington, DC), 2004

Robert A. Gibson, The Negro Holocaust: Lynching and Race Riots in the United States, Yale-New Haven Teachers Institute, 1979

Craig Bolon, Election aftermath: recovery starting, work pending, Brookline Beacon, November 9, 2016

Craig Bolon, Chump disease: political virus, Brookline Beacon, October 2, 2016

Election aftermath: recovery starting, work pending

In a column titled, “Politics of hatred and resentment seem headed for defeat,” Adrian Walker, a writer at the Boston Globe, claimed that the 2016 election involved “the ugliest and strangest Presidential campaign of modern times.” Actually, this year was neither notably ugly nor notably strange for a campaign, either in “modern times” or in historical ones.

The 1968 contest was vile–at the nadir of the Vietnam War–leaving the socially conscious voters without a general-election candidate to support. The main alternative to the pro-war candidates from both major parties was George Wallace, a coarse, violently racist former governor of Alabama who got about 14 percent of the votes. However, early and middle nineteenth century–in the era of slavery–saw far more vicious campaigns than that.

Instead of such modern and historical extremes, this year there was simply one notably ugly Presidential candidate. To our vexation, he won. At best, a Long Night of Nixon–like the one starting in 1968–begins again. We have a President-elect whose lack of character has not been seen since Buchanan in 1856 and Polk in 1844–and whose lack of competence and stature has never been seen before.

To the last day of the campaign, Hillary Clinton’s message remained inclusive: “Stronger together.” Donald J. Trump’s message remained divisive: “Crooked Hillary.” Clinton closed her campaign with rallies featuring President Obama, his wife Michelle, the Clinton family, prominent entertainers and other major figures from politics. Trump closed his campaign much as he had opened it, largely isolated, spouting lies and hate.

The outcome from the 2016 election for President exhibited classic racial voting, strongly coupled to sexist bias. Over 24,500 exit poll responses were reported by Edison Research to the Associated Press, television news networks and the New York Times–made available online by Cable Network News–from which the following table shows a small but telling example, extracted and rearranged for readability. Majorities of both white men and white women voted for Donald J. Trump. Majorities of all other groups voted for Hillary Clinton.


Voting for President in 2016 by race and age
 
Race.and.age..(Pct)….Clinton….Trump…..Other
Whites.18-29.(12%)…….43%…….48%……..9%
Whites.30-44.(17%)…….37%…….55%……..8%
Whites.45-64.(30%)…….34%…….63%……..3%
Whites.65-up.(13%)…….39%…….58%……..3%
Blacks.18-29…(3%)…….83%………9%………8%
Blacks.30-44…(4%)…….87%………7%………6%
Blacks.45-64…(5%)…….90%………9%………1%
Blacks.65.up…(1%)…….90%………9%………1%
Latino.18-29…(2%)…….70%…….24%………6%
Latino.30-44…(3%)…….71%…….22%………7%
Latino.45-64…(3%)…….67%…….29%………4%
Latino.65-up…(1%)…….71%…….24%………5%
Others.18-up…(6%)…….60%…….34%………6%
 
Source: Edison Research via Cable News Network

Chump disease: For readers who followed Donald J. Trump over a career of around 50 years in real estate, he was not strange at all–just greedy and vulgar. Some might remember an arrogant young man, a mediocre new college grad who apparently could not land a real job on his own. Instead, he went to work for his dad, helping to rent out his dad’s apartments.

His first brush with government proved chilling; it foreshadowed his career path. In 1973, he was accused of refusing to rent apartments to African-Americans–a violation of the federal Fair Housing Act of 1970. Instead of mending his ways, Donald J. Trump employed Roy Cohn–a former hired gun for Richard Nixon and J. Edgar Hoover. That attack strategy failed; Trump was forced into a settlement agreement. However, attack strategies settled into Trump’s character; he became known as a business bully.

After a fatuous tangle with casino properties in Atlantic City, Donald J. Trump courted ruin as mismanaged properties lurched to bankruptcy, following the sharp recession of 1991. Facing competition from Connecticut he could not counter, he chiseled his way out by loading losses onto lenders, investors and contractors and avoiding taxes, counting some of their losses as though they had been his losses. Then he discovered a second calling as a media rube. He became known as a sick hustler.

Pending work: There would have been tons of work for a Hillary Clinton administration–starting with investigation of FBI director James Brien “Jim” Comey, Jr.–who in effect acted as a Trump booster while a government employee. Comey’s stunts threw the election. Polling trends up to the stunt on October 28 showed clearly that Hillary Clinton would otherwise have won. One-percent margins in Pennsylvania and Florida, for example, would have landed in the other direction.

Nevertheless, on election day there remained severe problems to solve in domestic programs, notably in Health and Human Services, Education, Interior and Transportation. Chronic Congressional paralysis would likely have taken far more effort than executive agencies, because it springs from voter choices for members of Congress. Most and maybe all that work will probably wait at least another four years, unless Donald J. Trump were to stumble enough to be impeached and convicted.

If nothing more, the effects from Donald J. Trump’s dog-whistle rants showed large segments of U.S. voters may be happy to back candidates who come across as sleazebags, xenophobes, anti-Semites, sexists, racists, Nazi fellow-travelers, political whores and traitors. A recent Washington Post headline put it, “Finally: someone who thinks like me.” Were Trump cheerleaders off their rockers? A more recent Post article cited evidence suggesting many of them were over their heads in debt.

This year, millions of U.S. citizens have been denied a right to vote. David Leonhardt, writing in the New York Times, argued that systematic efforts by reactionary Republicans to swing elections in their favor are the main causes. Corruption is rankest in the Deep South and the Southwest. It also threatens voters in parts of the Midwest. Some of the arrogant rubes behind it Trumpet their motives. Leonhardt quoted one from North Carolina claiming that throttling early voting was “in the best interest of the Republican Party.”

We do not know what Hillary Clinton might have promised high-income sponsors who put up most of around $1 billion she was able to attract in support of her campaign. An early promise by Donald J. Trump to “self fund” his campaign turned out to be just another casual lie from him. Despite the threats emerging from the Citizens United case in 2013, big money–including early big money–proved less effective than many feared it would be. Former Gov. Jeb Bush of Florida had the most early big money, yet he was an early loser.

New business: A new item of business–so far skipped by most mainstream media in the United States–is a federal lawsuit against Donald J. Trump. It was filed on September 30, 2016, in the District of Southern New York. It accuses him and an alleged collaborator of child rapes and murder threats. Trump, the co-defendant and their lawyers have sought to dismiss accusations as lies and smears. Jon Swaine, a reporter for the Guardian in Britain, treated an earlier version of the lawsuit as a media circus.

In the recent federal lawsuit, Donald J. Trump and Jeffrey E. Epstein, of New York, are accused of raping a 13-year-old girl in 1994, and both are accused of threatening to have her whole family killed if the girl were to “say anything” about it. With the filings in federal court, the lawsuit seeks to override statutes of limitation. Thomas Meagher of Princeton, New Jersey, the attorney of record, is a patent lawyer–his firm’s chief litigator and managing partner when the recent federal lawsuit was filed.

According to an Internet news article published this past summer, Donald J. Trump’s co-defendant Jeffrey E. Epstein has been classified in New York as “a Level 3 registered sex offender–the most dangerous kind.” The author of that article is a lawyer in California who focuses on tort and divorce cases and who has identified herself as assisting the plaintiff in the recent federal lawsuit.

In an exhibit filed with the complaint against Donald J. Trump, the plaintiff provided a sworn statement saying that “Defendant Trump tied me to a bed,…and then proceeded to forcibly rape me…violently striking me in the face with his open hand and screaming that he would do whatever he wanted.” She further states, “Immediately following this rape, Defendant Trump threatened me that, were I ever to reveal any of the details of Defendant Trump’s sexual and physical abuse of me, my family and I would be physically harmed if not killed.”

Unusual with incidents of violent sexual abuse, the complaint against Donald J. Trump in the lawsuit also provided a sworn statement from a claimed eyewitness to the alleged rapes. It states that she “personally witnessed the Plaintiff being forced to perform various sexual acts with Donald J. Trump and Mr. Epstein. Both Mr. Trump and Mr. Epstein were advised that she was 13 years old.” It further states the claimed eyewitness “personally witnessed Mr. Trump…[and]…Mr. Epstein physically threaten the life and well-being of the Plaintiff if she ever revealed any details of the physical and sexual abuse….”

Donald J. Trump and the co-defendant are presumed innocent unless proven to be at fault. According to the New York Daily News, the next step in the recent federal lawsuit is a court conference set for December 16. One might suspect, however, that a difficult case–now against a President-elect–could be withdrawn.

– Craig Bolon, Brookline, MA, November 9, 2016


Note: As was obvious to us on November 8, election day, by November 12 the Hillary Clinton campaign also found that the publicity stunt on October 28 by James Brien “Jim” Comey, Jr., the FBI director, had thrown the election–wrecking the growing Clinton advantage seen in earlier polls. Comey rehashed Clinton’s use of a private e-mail server while Secretary of State, in a letter sent to eight Congressional committee chairs–all Republicans. That was immediately forwarded to news organizations from one or more of those offices. Starting the next day, polls showed declining margins of support for Clinton. By election day, margins had not recovered.

Comey’s FBI staff in New York had found there was an e-mail cache on a computer seized from ex-Congressman Anthony Weiner, the estranged husband of Huma Abedin, a key assistant to Hillary Clinton. As of October 28, the FBI did not have a search warrant to examine the computer and could not legally have known the content of e-mails stored on it. Longstanding Department of Justice policy forbids disclosure of information close to elections, and Comey had recently been reminded about that policy.

News stories soon surfaced that Comey’s October 28 stunt had been engineered by FBI staff in New York City and disclosed to Rudy Giuliani, the former city mayor who had become a key backer of Donald J. Trump. For several days before October 28, in comment sections of major news sites, well known Trump trolls had been feverishly writing comments seeking to persuade readers not to use early voting and suggesting that some major news was in the works. On November 7, Comey was celebrated at an event held by a group of longstanding Trump supporters. [note added November 13, 2016]

Anne Gearan, Washington Post, Hillary Clinton blames Comey letter for stopping her momentum, Boston Globe, November 12, 2016

K.K. Rebecca Lai, Alicia Parlapiano, Jeremy White and Karen Yourish, How Trump won the election according to exit polls, New York Times, November 9, 2016 (updated, with charts)

David Leonhardt, The real voter fraud, New York Times, November 8, 2016

Adrian Walker, The politics of hatred and resentment seem headed for defeat, Boston Globe, November 7, 2016

Dana Milbank, Anti-Semitism is no longer an undertone of Trump’s campaign. It’s the melody, Washington Post, November 7, 2016

Josh Lederman, Associated Press, As campaign closes, the Obamas pass the torch to Clinton, U.S. News, November 7, 2016

Trump closes his campaign as he opened it: preaching xenophobia and hate, Daily Kos (UK), November 7, 2016

Jake Pearson and Jeff Horwitz, Comey honored by group with longtime Trump ties, Associated Press, November 7, 2016

Michael Finnegan, Trump stokes terrorism fears, citing refugee ‘disaster’ in Minnesota, Los Angeles Times, November 6, 2016

Max Ehrenfreund, Something has been going badly wrong in the neighborhoods that support Trump, Washington Post, November 4, 2016

David Barstow, Mike McIntire, Patricia Cohen, Susanne Craig and Russ Buettner, Donald Trump used legally dubious method to avoid paying taxes, New York Times, October 31, 2016

Former Bush ethics lawyer accuses FBI director of violating Hatch Act, Government Executive (Washington, DC). October 31, 2016

Richard W. Painter, On Clinton e-mails, did the FBI director abuse his power?, New York Times, October 30, 2016

Sari Horwitz, Washington Post, Officials warned FBI head about decision on e-mails, Boston Globe, October 29, 2016

Photocopy, Letter to Congress from FBI director on Clinton e-mail case, New York Times, October 28, 2016

Drew Harwell, When Trump goes confrontational, lawyer steps in, Washington Post, October 16, 2016

Victoria Bekiempis, Lawsuit accusing Donald Trump of raping 13-year-old girl gets December hearing, New York Daily News, October 12, 2016

Richard Cohen, Why do Republicans suddenly find Trump repugnant? He looks like a loser, Washington Post, October 8, 2016

Philip Rucker, Trump hopes to revive campaign after tax discovery caps a week of self-sabotage, Washington Post, October 2, 2016

Stephanie McCrummen, Finally: someone who thinks like me, Washington Post, October 1, 2016

Robert O’Harrow, Jr. and Shawn Boburg, The man who showed Donald Trump how to exploit power and instill fear, Washington Post, June 17, 2016

Gabrielle Levy, How Citizens United has changed politics in five years, U.S. News, January 21, 2015

Jane Doe v. Donald J. Trump and Jeffrey E. Epstein (refiled complaint), Case No. 1:16-cv-07673, U.S. District Court for Southern New York, filed September 30, 2016

Thomas F. Meagher, Meagher Emanuel Laks Goldberg & Liao, LLP, Princeton, NJ, September, 2016

Jon Swaine, Rape lawsuits against Donald Trump linked to former TV producer, Guardian (UK), July 7, 2016

Lisa Bloom, Why the new child rape case filed against Donald Trump should not be ignored, Huffington Post, June 29, 2016

Craig Bolon, Hillary Clinton for President, Brookline Beacon, October 8, 2016

Craig Bolon, Chump disease: political virus, Brookline Beacon, October 2, 2016

Craig Bolon, Chump No. 3 sounds like No. 2, Brookline Beacon, June 11, 2016

Hillary Clinton for President

Despite reservations, we support Hillary Clinton. Like former Senator and current Secretary Kerry, former Senator and Secretary Clinton might lean toward aggression as a Cabinet officer. As President, she will own the outcomes. Like President Obama, she is much more likely to resist rather than promote foreign adventures.

With a second President Clinton, we can expect to sustain progressive programs from the last two Democratic administrations. We can expect strong opposition to scams left from the last Republican one, such as its attempts to sell out national assets and shutter pollution regulation.

There is a major lapse in judgment waiting to be corrected: a quagmire left from launching the Affordable Care programs without any Republican support and without sound financial plans. Few national figures have more experience with the topic than Hillary Clinton.

The two candidates from small parties offer nothing comparable. When at his best, the Republican candidate is a sick joke. His hero is Richard Nixon, the only President to resign the office and the historical promoter of racism that now pervades the Republican Party.

Hillary Clinton is well qualified to serve as President. She deserves our support.

– Craig Bolon, Brookline, MA, October 8, 2016


Editorial, Hillary Clinton for President, Boston Globe, October 8, 2016

Richard Cohen, Why do Republicans suddenly find Trump repugnant? He looks like a loser, Washington Post, October 8, 2016

Patrick Healy and Alan Rappeport, Tape reveals Donald Trump bragging about groping women, New York Times, October 7, 2016

Editorial, Hillary Clinton for President, New York Times, September 25, 2016

Craig Bolon, Chump disease: political virus, Brookline Beacon, October 2, 2016

Chump disease: political virus

This fall finds more cases of “Chump disease”–a political virus in the same genus as those from the late Father Charles Coughlin, Sen. Joseph McCarthy (R, WI) and Gov. George Wallace (D, AL). Species of the disease organisms can be classed by their targets–for those species: Jews, Communists and African-Americans. Traces of a recent outbreak of a related disease can be found in remains of the Pea Potty.

Chump disease has been multivalent, provoking attacks on women, African-Americans, Mexicans, Muslims and Jews. Acute onset tends to be accompanied by bloviating from which a few words tumble, including “fat,” “ugly,” “crooked,” “lyin’,” “crazy” and “little.” Disease carriers are urged against the targets. Writing in the Washington Post October 1, Stephanie McCrummen profiled the behaviors of a disease carrier: “Someone who thinks like me.”

Origins of Chump disease extend far back into the Years of Slavery. Former Presidential diseases in this genus included those from Jackson, who treated the federal government like his private farm, and from Polk, who bought and sold slaves at his desk in the Oval Office–both virulent racists hailing from Tennessee.

Michael Finnegan and Evan Halper wrote warnings this August in the Los Angeles Times: “Trump says ’2nd Amendment people’ can keep Clinton from naming justices” and “Virus spreads to Presidential politics.” Mr. Halper was writing about a biological virus–one that sometimes causes lasting nerve damage–but it suggests a metaphor for Nazis. The Chump was reported to keep a copy of Hitler’s speeches in his bedroom.

The Chump’s emotional awareness looks to have frozen at around age four, before he might have learned to share. His language seems to have stalled a few years later–leaving him barely able to produce a full sentence, let alone a paragraph. “I guess, right? Right? I guess. Right?” Now he’s a freak: a frightened child hiding inside an aging person.

Recently the Chump has been getting more of the treatment he deserves from mainstream media: ignoring his tantrums as circus sideshows. Zombies still wave and clap for him, but they are due a surprise, once they look around. At a fork in a road, many of their neighbors went another way.

When the Chump verged from freak show to center ring, he was badly exposed. He had neither training nor experience. In the newer environment, he is wildly outclassed. Exiting the first Presidential debate of 2016, he seemed flustered yet unaware of how thoroughly and skillfully he had been skewered. Soon he was venting over a former beauty queen, whom he helped to crown two decades earlier.

The next evening, as wounds from his thrashing began to burn, he dropped “Secretary Clinton” and relapsed into “Crooked Hillary.” As though on cue, his claque of would-be brown-shirts screamed, “Lock her up! Lock her up!” A few weeks from now, he’ll rest in a memory heap–somewhere far beneath Jennings Bryan, the Cross of Gold candidate from 1896 who, at age 36, could indeed produce complete sentences.

– Craig Bolon, Brookline, MA, October 2, 2016


Jenna Johnson, Trump urges supporters to monitor polling places in ‘certain areas’, Washington Post, October 1, 2016

Stephanie McCrummen, Finally: someone who thinks like me, Washington Post, October 1, 2016

James Hohmann and Breanne Deppisch, Trump stumbles into Clinton’s trap by feuding with Latina beauty queen, Washington Post, September 28, 2016

Jenna Johnson, At Florida rally, Trump resumes attacking ‘crooked Hillary Clinton’, Washington Post, September 27, 2016

Paul H, Jossey, How we killed the Tea Party, Politico, August 18, 2016

Michael Finnegan, Donald Trump says ’2nd Amendment people’ can prevent Hillary Clinton from choosing judges, Los Angeles Times, August 9, 2016

Evan Halper, Zika virus spreads to Presidential politics, Los Angeles Times, August 9, 2016

Martin Pengelly, American Nazi Party leader sees ‘a real opportunity’ with a Trump Presidency, Manchester Guardian (UK), August 7, 2016

Thomas Beaumont, Associated Press, Charting a road to 270, Clinton sets out most efficient path, WTOP (Washington, DC), August 6, 2016

Jill Colvin and Jonathan Lemire, Associated Press, Fact check: Trump’s Iranian propaganda video a concoction, WTOP (Washington, DC), August 4, 2016

Jonathan Mahler and Matt Flegenheimer, What Donald Trump learned from Joseph McCarthy’s right-hand man, New York Times, June 21, 2016

Holocaust Encyclopedia, Charles E. Coughlin, United States Holocaust Memorial Museum, June, 2016

Ibram X. Kendi, The eleven most racist U.S. Presidents, Huffington Post, May, 2016

Debbie Elliot, Is Donald Trump a modern-day George Wallace?, (U.S.) National Public Radio, April, 2016

Joyce Oh and Amanda Latham, Senator Joseph McCarthy, McCarthyism and the Witch Hunt, Cold War Museum, 2008

Marie Brenner, After the Gold Rush, Vanity Fair, 1990

Richard Kreitner, William Jennings Bryan delivers Cross of Gold speech, The Nation, 2015 and 1896

Craig Bolon, Chump No. 2 returns as anti-Semite, Brookline Beacon, July 3, 2016

Craig Bolon, Chump No. 3, plain vanilla creep, Brookline Beacon, June 16, 2016

Craig Bolon, Chump No. 3 sounds like No. 2, Brookline Beacon, June 11, 2016

Diversity Commission: messengers and victims

A regular meeting of the Diversity, Inclusion and Community Relations Commission on Wednesday, January 27, started at 6:30 pm in the Denny Room at the Brookline Health Center. The agenda included review of the commission’s recent statement on institutional racism in the Brookline work force, which was read by Alex Coleman, chair of the commission, at a public hearing held by the Board of Selectmen on January 5.

Town government, according to the commission statement, has a “culture of institutional racism” that “the Board of Selectmen…allowed.” The statement read by Dr. Coleman called on the Board of Selectmen, “as the elected leaders of the town, to exercise your responsibilities and duties, as commissioners of the Police and Fire Departments…to stamp out this culture.”

Attacking messengers: The commission’s January 27 meeting began with a statement from Bernard Greene, who is the delegate from the Board of Selectmen. Mr. Greene said his board was “actively taking steps to determine the facts” about complaints of racial mistreatment. However, he claimed the commission’s statement “has not been helpful to efforts to deal with these problems.”

Mr. Greene objected to what he called a “pathetic process that resulted in the statement.” He said he was “here to request that this commission rescind that statement and disavow it to the board and to the public.” After it does that, he said, “maybe the board can then begin to fulfill a useful role in addressing those problems.” Mr. Greene then left, saying he had “another meeting.”

Commission members had previously received a message from Joslin Murphy, the town counsel, sent by e-mail to Dr. Coleman on January 15. Ms. Murphy claimed the statement was “causing damage to the Town’s reputation as a community and employer.” She demanded “that the Commission take immediate steps to retract this statement and publicly acknowledge that it was not factually supported at the time it was made.”

Another objection to the commission’s statement circulated at the meeting, written by Neil Gordon, a Brookline constable and a Precinct 1 town meeting member. In it, Mr. Gordon said he could “find no meaningful substance behind the statement.” He asked “where the commission reviewed” employment practices of the Board of Selectmen and whether “the process by which the Board of Selectmen appointed Joslin Murphy as Town Counsel [was] tainted by a ‘culture of institutional racism’ that was allowed by that board.”

Blaming victims: Dr. Coleman described contacts with Ms. Murphy, recalling that “she was saying we had no facts supporting” the statement. However, it was delivered in the context of a two-hour public hearing including several personal descriptions of alleged racial mistreatment by Brookline employees. He recounted telling Ms. Murphy, “We look forward to working collaboratively.”

Ms. Murphy is one of several defendants in a federal civil rights lawsuit brought on behalf of a group of plaintiffs that now includes eight Brookline employees and residents. According to allegations made in this lawsuit, “…the Town of Brookline appointed a white woman with multiple relationships within the workforce, Defendant Joslin Murphy, as the town’s chief legal counsel” in 2014. [Amended complaint, paragraph 132, p. 42]

Plaintiffs in the lawsuit allege blaming victims as a theme of racial mistreatment, writing, for example, that Brookline “allowed false rumors to spread that [a plaintiff's] complaint was meritless; it encouraged [other employees] to shun and ostracize him.” [Amended complaint, paragraph 8, p. 5] In another instance, an alleged breach of confidence identified a plaintiff “as the one who had protested the use of racist language and caused [the plaintiff] to be ostracized within the department.” [Amended complaint, paragraph 19, p. 9]

Responses: With 11 of 12 members participating, the commission did not seem inclined to a change of mind about its statement. Tony Naro stated, “The way Town Counsel has addressed the Commission through [Dr. Coleman] is disrespectful…Our statement was an opinion…[Others] should not threaten us, bully us and demand that we retract the statement.” Dr. Coleman commented, “We are not a fact-finding group.” Malcolm Cawthorne said, “We stand by our statement.”

Several commission members suggested ways that the commission might describe the background of its statement, but only Sandy Batchelder proposed to reopen and possibly revise the statement. No one proposed to rescind or retract it. Kelly Race said, “We should take a vote on whether we stand by our statement…It was the opinion of the commission.”

Speaking from the audience, Frank Farlow, a Precinct 4 town meeting member and co-chair of Brookline PAX, agreed, saying, “It was the unanimous opinion of a large commission after extended discussion.” Commission members decided not to compose an immediate reply to criticisms but instead to resume reviews at their next regular meeting in February.

– Beacon staff, Brookline, MA, January 29, 2016


Statement to the Board of Selectmen on institutional racism in the Brookline work force, Commission for Diversity, Inclusion and Community Relations, Town of Brookline, MA, January 4, 2016

Letter to commission chair Alex Coleman, from Joslin Murphy, Brookline town counsel, January 15, 2016

Amended complaint and jury demand, Alston v. Brookline, Federal case 1:15-cv-13987, filed January 26, 2016

Board of Selectmen: complaints of racial mistreatment, Brookline Beacon, January 27, 2016

Board of Selectmen: hearing airs racial tensions, Brookline Beacon, January 6, 2016

Civil rights lawsuit: town and individuals accused, Brookline Beacon, December 14, 2015

Board of Selectmen: complaints of racial mistreatment

A regular meeting of the Board of Selectmen on Tuesday, January 26, started at 7:00 pm in the sixth-floor meeting room at Town Hall. Neil Wishinsky, the board’s chair, read a statement about complaints of racial mistreatment lodged by staff of the fire and police departments. While expressing concerns over the issues, Mr. Wishinsky’s statement did not mention new efforts to address them.

Civil rights lawsuit: In a document filed at the federal court in Boston on the day of the meeting, the civil rights lawsuit brought on behalf of firefighter Gerald Alston was joined by police officers Prentice Pilot and Estifanos Zerai-Misgun. Five other Brookline workers and residents–all alleging racial mistreatment–also joined: Cruz Sanabria, Juana Baez, Rogelio Rodas, Demetrius Oviedo and Deon Fincher.

The Brookline police officers rejected an offer of mediation made by Daniel O’Leary, Brookline’s chief of police, writing that “Racism cannot be mediated.” According to the officers, “The Chief and the Selectmen made promises regarding ‘zero tolerance’ for racism on the force, but we have experienced two separate occasions already where we reported these incidents and the perpetrators remain on the job, without consequence.”

The amended complaint in the lawsuit now names several Brookline staff alleged to have engaged in racial mistreatment, although it does not add them to the list of defendants. A central issue raised in the lawsuit remains an alleged “racist and unconstitutional policy” claimed to be “longstanding” in town government. Brookline’s Diversity, Inclusion and Community Relations Commission testified to the board on January 5 that the town government has “a culture of institutional racism” which “the Board of Selectmen…allowed.”

Some allegations can grow more chilling as one understands them better. For example, “Other police officers referred to [Mr. Zerai-Misgun] repeatedly as an FI, the police designation for a suspicious individual….” [Amended complaint, paragraph 18, p. 8] The abbreviation means a target of “field interrogation”–suggesting that an African-American may be targeted by race.

Complaints of racial mistreatment: An African-American member of the Diversity, Inclusion and Community Relations Commission has described, at a public meeting of the commission on December 16, how he was personally targeted. The commission meeting was attended by Bernard Greene, a member of the Board of Selectmen who is African-American. The amended complaint also recounts other incidents involving Mr. Greene.

“Following the meeting, Selectman Bernard Greene met with the Police Chief and other town officials to formulate a plan to discredit the officers’ allegations. Selectman Greene later executed that plan by sending a confidential e-mail to selected town residents…Selectman Greene intended for his e-mail to be confidentially distributed among a select group of politically active residents as part of a broader whispering campaign to discredit and smear the officers and their supporters.” [Amended complaint, paragraph 31, p. 13, and paragraph 38, p. 15]

These allegations sound at least as serious as ones directed at Stanley Spiegel, a Precinct 2 town meeting member who was named as a defendant in the lawsuit. However, Mr. Greene has not been named as a defendant. The Brookline Department of Public Works and Office of Human Resources are implicated in other incidents described in the amended complaint.

“Deon Fincher was hired by the Town of Brookline as a laborer in 2009…Mr. Fincher was the only Black worker in [the] sanitation division…All the teams alternated between driving and collecting trash, except for one…On Mr. Fincher’s team, Mr. Fincher threw trash full time…In 2010, he injured his shoulder and required an operation…Mr. Fincher complained that the repetitive throwing motion was damaging his shoulder…The Town’s Human Resources director refused to assign Mr. Fincher another job…The head of the division…was hostile to Mr. Fincher when he attempted to assert his contractual rights. Mr. Johnson yelled at Mr. Fincher for requesting a union representative. White employees did not receive the same hostility.” [Amended complaint, paragraphs 87-96, pp. 29-31]

Sandra DeBow-Huang, director of the Office of Human Resources, has been named as a defendant in the civil rights lawsuit. Kevin Johnson, the highway, sanitation and fleet maintenance director in the Department of Public Works, has not been named as a defendant.

– Beacon staff, Brookline, MA, January 27, 2016


Prentice Pilot and Estifanos Zerai-Misgun, Racism cannot be mediated, statement to Brookline Board of Selectmen, January 26, 2016

Amended complaint and jury demand, Alston v. Brookline, Federal case 1:15-cv-13987, filed January 26, 2016

Memorandum in support of partial motion to dismiss, Alston v. Brookline, Federal case 1:15-cv-13987, filed January 12, 2016

Complaint and jury demand, Alston v. Brookline, Federal case 1:15-cv-13987, filed December 1, 2015

Board of Selectmen: hearing airs racial tensions, Brookline Beacon, January 6, 2016

Civil rights lawsuit: town and individuals accused, Brookline Beacon, December 14, 2015

Federal civil rights lawsuit: motions to dismiss

Lawyers representing the Town of Brookline and the Board of Selectmen have answered the federal civil rights lawsuit filed on behalf of firefighter Gerald Alston with a motion to dismiss charges. A separate motion to dismiss has been filed on behalf of some defendants sued as individuals: Neil Wishinsky, board chair, Nancy Daly, board member, Ken Goldstein, Betsy DeWitt and Jesse Mermell, former board members, Joslin Murphy, town counsel, and Sandra DeBow, human resources director.

Representing the Town of Brookline, the Board of Selectmen and those sued in official capacities are Patricia Correa, the first assistant town counsel, and Douglas I. Louison of Louison, Costello, Condon & Pfaff in Boston. Representing those moving to dismiss charges against them as individuals are Mr. Louison and Joseph A. Padolsky of the same firm. As of January 15, no representation and no response had been filed for defendants Stanley Spiegel, a Precinct 2 town meeting member, and Local 950, International Association of Firefighters.

Filed with the two motions to dismiss on behalf of defendants was an 82-page memorandum of assertions and arguments. It attacks Brooks Ames, the lawyer who filed the case for Mr. Alston, questioning whether he is eligible to represent Mr. Alston and indicating that the case relates to “a long-standing media campaign that has been waged against the Town and its officials” and it seeks to “revive long-standing policy debates.” [Memorandum, Alston v. Brookline, Federal case 1:15-cv-13987, Document 11, Sections II.C and D, pp. 22 and 25]

Brooks Ames controversy: The defendants’ memorandum suggests Brooks Ames may not be eligible to represent Gerald Alston, citing Chapter 268A of Massachusetts General Laws. That might be so if Mr. Ames were to qualify as a former “municipal employee” who “participated” in some “particular matter” involving Mr. Alston.

An exhibit included with the defendants’ memorandum shows that while Mr. Ames was a member of the former Human Relations–Youth Resources Commission he chaired a meeting in September, 2013. The meeting heard a report about a racial discrimination lawsuit that had been filed on behalf of Mr. Alston in Norfolk Superior Court–not by Mr. Ames. [Memorandum, Alston v. Brookline, Federal case 1:15-cv-13987, Document 11, Exhibit 11, pp. 3-6]

According to meeting minutes, a discussion developed around Mr. Alston’s situation that also considered racial incidents involving other town employees. Actions taken at the meeting were to invite the chiefs of the police and fire departments to a future meeting and to send a letter to the Board of Selectmen seeking information about Mr. Alston’s complaint.

In Section 18, Chapter 268A of Massachusetts General Laws makes it illegal for a former “municipal employee” to act “as agent or attorney for or receive compensation” in connection with a “particular matter” in which “the city or town is a party or has a direct and substantial interest and in which he participated as a municipal employee.” In Section 1(g), Chapter 268A defines “municipal employee” broadly: “a person performing services for or holding an office, position, employment or membership in a municipal agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent or consultant basis.”

However, neither the motions to dismiss Alston v. Brookline nor the supporting materials appear to show whether Mr. Ames “participated” in investigating Mr. Alston’s complaint on behalf of the Town of Brookline. Events from the period suggest that the Board of Selectmen did not support his involvement. Lack of participation in such matters was instead a factor alluded to by Mr. Ames when resigning from the former commission in 2014.

Claims of wrongdoing: The motions to dismiss respond to only parts of the original complaint in Alston v. Brookline, highlighting relief sought under federal law in 42 USC 1981, originally from the Civil Rights Act of 1866 and most recently the Civil Rights Act of 1991. However, Mr. Alston’s complaint also cites equal protection and due process violations under the Fourteenth Amendment, free speech violations under the First Amendment and issues under 42 USC 1983, originally from the Civil Rights Act of 1871, and under 42 USC 1988, from the Civil Rights Attorney’s Fees Award Act of 1976. [Complaint, Alston v. Brookline, Federal case 1:15-cv-13987, paragraph 29]

The memorandum in support of motions to dismiss objects to only some of the allegations of unlawful harm in the original complaint filed for Alston v. Brookline. It says, for example, “allegations regarding the promotions of [Mr. Alston's supervisor, accused of a racial insult]…did not amount to constitutional misconduct against [Mr. Alston] and…do not state a claim.” [Memorandum, Alston v. Brookline, Federal case 1:15-cv-13987, Document 11, Section II.C, p. 23]

The original complaint filed for Alston v. Brookline said, in part, that the Board of Selectmen “did not investigate [the supervisor's] intimidating and retaliatory conduct towards Mr. Alston after learning of Mr. Alston’s complaint [about the racial insult]…it “promoted [the supervisor]…just months after he [made the insult].” [Complaint, Alston v. Brookline, Federal case 1:15-cv-13987, paragraphs 6 and 7]

A related claim filed for Alston v. Brookline said, in part, “The Town Defendants violated the Fourteenth Amendment guarantee of equal protection and freedom from racial discrimination by…engaging in…favoritism towards white…employees…The…unconstitutional…practice…caused Mr. Alston to suffer damages compensable pursuant to 42 USC 1981 and 1983.” [Complaint, Alston v. Brookline, Federal case 1:15-cv-13987, paragraphs 149 and 151]

The memorandum in support of the motions to dismiss also objects to relitigating previous rulings. [Memorandum, Alston v. Brookline, Federal case 1:15-cv-13987, Document 11, Section II.D, p. 24] However, the memorandum does not include evidence of relitigation. For example, the action that Mr. Alston filed in 2012 with the state Commission Against Discrimination complained about behavior within the Fire Department and the Human Resources Office. It did not allege wider discrimination tolerated or practiced by the Board of Selectmen. [Memorandum, Alston v. Brookline, Federal case 1:15-cv-13987, Document 11, Exhibit 5, p. 2]

Although the motions to dismiss might be partly successful, they do not appear to resolve key elements of the lawsuit, including alleged involvement in discrimination by current and former members of the Board of Selectmen.

– Beacon staff, Brookline, MA, January 15, 2016


Memorandum in support of partial motion to dismiss, Alston v. Brookline, Federal case 1:15-cv-13987, filed January 12, 2016

Complaint and jury demand, Alston v. Brookline, Federal case 1:15-cv-13987, filed December 1, 2015

Civil rights lawsuit: town and individuals accused, Brookline Beacon, December 14, 2015

Human Relations: harassment complaints and resignations, Brookline Beacon, June 12, 2014

Board of Selectmen: hearing airs racial tensions

A regular meeting of the Board of Selectmen on Tuesday, January 5, started at 7:05 pm in the sixth-floor meeting room at Town Hall. While North Korea was testing its first thermonuclear bomb, the board conducted a public hearing about what it called “diversity issues involving the town”–also an explosive catastrophe, at least on a local scale.

A standing-room-only audience of around 200 gathered in a hearing room with only about 100 seats. For many Brookline residents it was an evening of despair–airing incident after incident of racial discrimination, targeting and harassment–lasting more than two hours.

Commission statement: At its meeting the previous evening, the Diversity, Inclusion and Community Relations Commission had reviewed testimony and reports it received about racial issues affecting the Brookline work force. Alex Coleman, chair of the commission, read a statement to the Board of Selectmen that the commission had authorized.

Dr. Coleman said the commission, which began in January, 2015, “spent the last year trying to move forward.” Hopes for progress had been dashed at a December 16 meeting, when two Brookline police officers testified in open session that their department was afflicted with racial tensions, from which they personally suffered. Town government, according to the commission statement, has “a culture of institutional racism” that “the Board of Selectmen…allowed.”

The statement read by Dr. Coleman called on the Board of Selectmen, “as the elected leaders of the town, to exercise your responsibilities and duties, as commissioners of the Police and Fire Departments…to stamp out this culture. This is a matter of extreme urgency, which the Board of Selectmen needs to address with actions, not words, now.” Members of the board listened but did not comment.

Police testimony: Prentice Pilot, one of the two African-American police officers who spoke out on December 16, told the Board of Selectmen he had worked on the force for 17 years. He recalled another minority police officer who “went to the chief about racial incidents” a year ago, apparently joining Officers Pilot and Zerai-Misgun then, but got no action. In response to his recent complaint about a racial insult, he said, “the chief had a preliminary investigation” but called it “inconclusive.”

After his recent testimony to the Diversity, Inclusion and Community Relations Commission, Officer Pilot said, the commission “asked Selectman Greene to get more of the story…I haven’t heard anything from him.” Mr. Greene, the first African-American ever elected to the Board of Selectmen, became the board’s delegate to the commission and was present when Mr. Pilot testified on December 16.

Officer Pilot said a recent report on the racial climate in the Police and Fire Departments, sent to commission members, offers “insights from the Police Department leadership: no major incidents” in the department. “The chief,” he said, “had a free diversity report when the three of us went to him in December of 2014.” Applause from the audience lasted most of a minute.

Estifanos Zerai-Misgun, the other African-American police officer who spoke out on December 16, described “the chief’s assurance” of respect in the department. “He gave me his assurance a year ago,” said Officer Zerai-Misgun. “Nothing has changed…All you say is that you’re waiting…Nobody has contacted me.” He told the Board of Selectmen, “It is not a safe environment there. The chief failed me last year…Now you’re failing me today.”

Lee Smith, an African-American former police officer in Brookline, told the board about experiences starting in April, 1998. He also left a much longer version of his remarks in writing. As a beginning Brookline officer, he said, after he wrote a parking ticket a superior officer “chewed me up,” telling Mr. Smith, “That ticket belongs to a friend of mine.” Mr. Smith explained that there was a covert system of marking tickets to indicate they were supposed to be discarded and ignored, which he had not followed.

At a “diversity meeting” held more than 15 years ago, Mr. Smith said, fellow officers ridiculed the training, “complaining, ‘why do we have to be here for this?’” Written materials were distributed at the training, according to Mr. Smith. “I saw guys ripping it up, tossing it in the trash.”

Harassment complaints: Leslie Epps, who operates Finesse Florist on Washington St., told about experiences as an African-American living in Brookline and running a retail business. “I’ve experienced such racism,” said Ms. Epps. “I have filed complaints. These complaints have disappeared. There has been intimidation: ticketing my vehicle falsely, targeting my shop.”

Ms. Epps described herself as “keynote speaker” at the most recent Martin Luther King Day event in Brookline. Now, she said, “I have stress disorder…at the hands of Brookline police.” Not one to give up. Ms. Epps told the Board of Selectmen, “This is my country. I will not be moved…I am looking for restorative justice.”

Cruz Sanabria of Rice Street, a Marine veteran and a public school teacher in Boston, who was a member of the former Human Relations Commission, described harassment from neighbors and antagonism from Brookline police officers. In one incident, he said, he was falsely cited for a crime.

According to Mr. Sanabria, he was charged with “assault with a dangerous weapon…It was dismissed.” Mr. Sanabria told the Board of Selectmen, “The horror I went through is worse than anything else I have had in my life…You put me in a position that I shouldn’t have been in. Why? Because I’m Puerto Rican.”

Reactions: Brookline residents who are not members of a minority had strong reactions. Bob Miller of Copley St., a Precinct 8 town meeting member and a teacher at Heath School, told the Board of Selectmen, “I’ve heard talk about racism in Brookline,” calling it “an issue that can destroy the town that I love.” He urged “the strongest possible actions to let it be known that this will not be tolerated.”

Pat Bartels of Wolcott Rd. said her family “moved to Brookline because we believed it was going to be a caring and liberal community.” Her two children, she said, are graduates of Brookline High School. “Their friends were from Bulgaria, Cape Verde, Korea…from all over the world…Those are the values they shared.”

Shifra-Lilith Freewoman of Longwood Ave. was less forgiving. In Leslie Epps’s shop, she said, “She treated me like gold…It breaks my heart. Everybody black that I know has encounters with police in this town.” The problem, according to Ms. Freewoman, has been that “words don’t translate into clear action.” She told the Board of Selectmen, “If this board can’t do it, then let’s elect another board.”

Years ago: Andrew Leong of Marion Terrace described his experiences inside the Brookline Police Department many years ago. He is a professor of law at the University of Massachusetts in Boston. “We are sick and tired of more studies, more training,” said Prof. Leong. “I did that training 27 years ago.”

At the time, he said, “a black officer told me, ‘I’m so glad you came and spoke…All those racist things [are] happening to me on this police force.’” Referring to Officers Pilot and Zerai-Misgun, Prof. Leong said, “They are risking their jobs. What do we want? We want them to be on paid administrative leave.” Applause from the audience again lasted for most of a minute.

– Beacon staff, Brookline, MA, January 6, 2016


James Pearson and Tony Munroe, North Korea says successfully conducts first H-bomb test, Reuters (UK), January 6, 2016

Statement to the Board of Selectmen on institutional racism in the Brookline work force, Commission for Diversity, Inclusion and Community Relations, Town of Brookline, MA, January 4, 2016

Lee Smith, Statement at Brookline Board of Selectmen hearing, January 5, 2016

Diversity Commission: police and fire department report, Brookline Beacon, December 20, 2015

Civil rights lawsuit: town and individuals accused

The Board of Selectmen scheduled a special, closed session to start at 5:00 pm on Tuesday, December 15, well in advance of a regular meeting starting a 7:30 pm. The purpose, generally lawful for a closed session, is litigation strategy. In a departure from usual practice, the board’s agenda specifies the focus: a civil rights lawsuit recently filed against the Town of Brookline and others, including individuals.

Gerald Alston, a Brookline firefighter who has been on extended leave, began disputes with the Town of Brookline more than five years ago, after his supervisor allegedly made an insulting comment that was recorded in a telephone message. The case has gone from an internal report to a complaint filed with a state agency, to a suit filed in a state superior court and most recently to a federal civil rights suit.

Parties: Mr. Alston’s civil right lawsuit was filed Tuesday, December 1 by Brooks A. Ames, a Brookline lawyer whose wife, Mariela Ames, is a Precinct 15 town meeting member. It is directed at the town, at the Board of Selectmen, at an employee union, at two town employees and at six Brookline residents who are or have been involved with town government–as follows (from official court records):
• Defendant, Town of Brookline
• Defendant, Board of Selectmen of the Town of Brookline
• Defendant, Betsy DeWitt, In her Individual and Official Capacities
• Defendant, Ken Goldstein, In her [sic] Individual and Official Capacities
• Defendant, Nancy Daly, In her Individual and Official Capacities
• Defendant, Jesse Mermell, In her Individual and Official Capacities
• Defendant, Stanley Spiegel
• Defendant, Sandra DeBow, In her Individual and Official Capacities
• Defendant, Joslin Murphy, In her Individual and Official Capacities
• Defendant, Local 950, International Association of Firefighters
• Defendant, Neil Wishinsky, In his Individual and Official Capacities
• Assigned to: Judge George A. OToole, Jr.
• Cause: 42: 1983 Civil Rights Act

Ms. DeWitt, Mr. Goldstein and Ms. Mermell were members of the Board of Selectmen during some of the events alleged in the complaint filed in federal district court. Ms. Daly and Mr. Wishinsky are current members of the Board of Selectmen. Dr. Spiegel is a Precinct 2 town meeting member and a member of the Advisory Committee. Ms. Murphy is the town counsel. Ms. DeBow, now Ms. DeBow-Huang, is director of the town’s Human Resources office. Local 950 represents Brookline’s firefighters in collective bargaining and labor disputes.

Court filing and allegations: Mr. Alston’s court filing alleges that the Town of Brookline has a longstanding pattern of racial injustice in labor practices. [Court filing, paragraph 1]

“He brings this case on behalf of himself and all others who have been damaged by Brookline’s longstanding and well-established policy, custom and practice of opposing racial equality, enforcing racial subordination, engaging in affirmative action and favoritism towards white residents and employees, and retaliating against persons who protest racial discrimination.” [Court filing, paragraph 1]

Mr. Alston’s court filing alleges the insult that it says began a sequence of disputes occurred when his supervisor in 2010 “was upset that Mr. Alston had gone out on an injury leave.” It says that the former supervisor had believed, “without any evidence or basis in fact, that Mr. Alston had faked an injury.” The injury in 2010 was confirmed by medical records, it claims. [Court filing, paragraphs 2 and 77]

After Mr. Alston wrote a report about the incident, the court filing says, “Brookline took no action except to inform [the former supervisor] that Mr. Alston had made a complaint.” Afterward, the court filing claims, “Brookline’s Board of Selectmen protected [the former supervisor] from any adverse consequences, pursuant to policy.” [Court filing, paragraph 5]

The remainder of the 55-page court filing recounts a perverse litany of protests and rebuffs that it says illustrates a longstanding pattern of racial injustice in labor practices. For example, it claims that “Brookline fought to prevent the civil rights commission charged with enforcing the Town’s bylaw against racial discrimination from fulfilling its charge to investigate and resolve complaints.” [Court filing, paragraph 12]

“The Town of Brookline’s policy of disregarding the Fourteenth Amendment [due process and equal protection] is enforced by the Brookline Board of Selectmen through their agents in the Town administration, including but not limited to the office of town counsel, the town administrator, the department of human resources and other town department heads. The Town of Brookline’s policy is also enforced by the town moderator, town meeting, the school committee and the superintendent.” [Court filing, paragraph 32]

The former Human Relations/Youth Resources Commission was disbanded through actions at the 2014 annual town meeting under Article 10. A replacement group created under that article is called the Diversity, Inclusion and Community Relations Commission. There is a correspondingly named town department. Unlike the former commission, the current commission lacks authority to investigate labor complaints such as Mr. Alston’s.

In the course of working through administrative channels, the court filing alleges that Mr. Alston met with resistance, saying, “While the investigation was ongoing, the Town pressured Mr. Alston to agree to drop his complaint…Mr. Alston told the director that he wanted the Town to follow its policies. The human resources director called Mr. Alston an ‘asshole’ and hung up on him.” [Court filing, paragraph 87]

“Several years later…based on public pressure, the Town relented and placed Mr. Alston on a paid administrative leave. That paid leave has now extended for nine months and constitutes an acknowledgment by the Town that the Town’s racially hostile environment is the fundamental obstacle to his safe return to work. [Court filing, paragraph 100]

In the court filing, Mr. Alston is seeking from the U.S. District Court for Massachusetts a declaration “that the Defendants violated the First and Fourteenth Amendments to the United States Constitution.” He also seeks “damages sufficient to compensate Plaintiff, in an amount to be proven at trial” and punitive damages. The filing seeks class action certification and “a reparations fund for persons harmed by the Town’s policy.” [Court filing, Relief Requested]

– Beacon staff, Brookline, MA, December 14, 2015


Complaint and jury demand, Gerald Alston v. Town of Brookline, et al., case 1:15-cv-13987, U.S. District Court for Massachusetts, filed December 1, 2015 (1 MB, as obtained from court records)

Agenda, Board of Selectmen, Town of Brookline, MA, for December 15, 2015

Cases of interest, U.S. District Court for Massachusetts (PACER registration needed for docket access)

Public Access to Court Electronic Records (PACER), United States Courts

Brock Parker, Brookline firefighter sues town over alleged racial slur, Boston Globe, August 30, 2013

Human Relations Youth Resources Commission: Coping with changes, Brookline Beacon, April 24, 2014

Board of Selectmen: firefighter Gerald Alston, Jr., speaking, Brookline Beacon, December 6, 2014

Education news: Advisory thinks, Chester blinks

The large, first-floor south meeting room at Town Hall, home to the Advisory Committee during town meeting seasons, witnessed another episode in the long-running struggles over regimented testing in public schools, starting at 7:30 pm Tuesday, October 20.

Earlier that day, Mitchell Chester, the state’s current education commissioner, had set off a policy bomb. It blew up a campaign to replace the testing used in Massachusetts public schools for the past 18 years–a campaign that had been led by Dr. Chester himself.

Tarnished icons: The mystique of regimented testing has been burnished and tarnished so often that it was surprising to hear a usually sophisticated Advisory Committee weave around the topics. However, it has been about fifteen years since a town meeting campaign that most recently introduced them into Brookline politics. Only a few current Advisory members have been involved long enough to remember.

Although precursors can be found in ancient China, medieval Europe and mid-nineteenth century Massachusetts, regimented testing is largely a twentieth-century phenomenon. A quantitative approach helped give standard tests a claim to objectivity, shrouding heavy cultural bias. The tests reward informally acquired language skills and penalize lack of those skills, tending to make them tests of home and community backgrounds.

When anyone thought to look, a secret emerged: test scores strongly tracking home and community incomes. Trends were discovered with IQ tests in the 1920s, Iowa tests in the 1930s and SAT tests in the 1940s. The more recent tests do likewise, including state-sponsored regimes. Scores from the early years of the Massachusetts MCAS tests showed strong associations with community incomes.

MCAS test scores versus community incomes

BostonMetroMcasPlotAbs01
Source: Significance of test-based ratings, EPAA, 2001

Dumping PARCC: Dr. Chester, of the state education department, has been serving as national board chair of Partnership for Assessment of Readiness for College and Careers (PARCC). Despite a glorified title, PARCC is a commercial test series produced by a division of Pearson PLC, a London-based publishing company. Its cachet has been fully computerized test administration and scoring.

Many observers have described the superficially clever construction of PARCC tests, seemingly designed to confuse and mislead. To people familiar with The Times of London or The Nation magazine, they suggest the prompts for British-style crossword puzzles.

In the United States, supposed merits of PARCC were quickly unmasked. As one experienced teacher put it, “Test manufacturers…tell us…their tests require critical thinking. They are lying. They prove [it with] relentless emphasis on test security.” Pearson will not allow teachers to see the questions that students were asked. If their tricks were to become known, they might easily be foiled.

In his day job as education commissioner, Dr. Chester had been in deep and obvious conflict of interest with his night job as chair of the PARCC board. When finally dumping PARCC on October 20, he arrived late to the party at a national trend. Over two-thirds of the state-level jurisdictions that tried PARCC have dumped it. Even by the obtuse standards of educational testing, PARCC was flagged as a loser.

Dr. Chester’s loyalists sententiously claim “there was no ultimatum given [by] Peyser and Baker”–meaning the new governor and his education secretary. Such pre-emptive denials tend to say the opposite. Politicians may not be great at higher math, but they can count.

Thinking about testing: At the fall town meeting scheduled for November 17, Article 16 seeks support for H. 340, pending in the General Court. Filed by Rep. Marjorie Decker of Cambridge, it would forbid, for three years, the use of “MCAS or another standardized test” as a “condition for high school graduation.” That is what many call “high-stakes uses” of test scores. Rep. Frank Smizik, who represents Brookline Precincts 2-4 and 6-13, is a cosponsor of H. 340 and also a co-petitioner for Article 16.

At Advisory Committee on October 20, Brookline resident Lisa Guisbond spoke for Article 16. She is executive director of Citizens for Public Schools, a Boston-based nonprofit founded to support progressive, public education. “With high-stakes uses of test scores,” she said, “the teaching focus is narrowed to the subjects tested…you lose access to a broad curriculum.”

In Brookline schools, that probably tends to happen with students who are identified as at risk of not graduating because they have trouble with one or more of the tests. Many of those students benefit from programs that try to strengthen their abilities in the areas tested. Inevitably, however, teaching to the test crowds out other areas of knowledge, as well as aspects of a topic that are not going to be tested.

Committee member Amy Hummel sounded eager to “put a moratorium on it.” Since 1993, she said, when a law authorizing MCAS was passed, “there are so many things that are different…MCAS is one vegetable in the pot…In my family, it’s converse to learning.” Few other committee members seemed to have such clear perspectives on regimented testing.

Some committee members tried to extrapolate from personal experience but found it difficult. Committee member Janet Gelbart remembered “studying for (New York state) Regents Exams…taking courses to learn how to take exams” but said her daughter was graduated from Brookline High School “long before MCAS.”

Many committee members seemed to discount educational experiences with testing regimes and instead resort to their hunches about policy. Committee member Fred Levitan said he failed “to see how stopping testing allows people to study it.” Clifford Brown saw “no reason to stop the use of testing.” Lee Selwyn said he couldn’t understand “shutting it down for three years.”

Advisory Committee members seemed confused when voting on the topics. When Sean Lynn-Jones first counted votes on a motion to approve Article 16, he found 9 in favor and 9 opposed, but some committee members said they did not understand what was proposed. After more explanation, a recount found 9 in favor, 10 opposed and 2 abstaining–putting the committee on record as narrowly opposing Article 16.

– Beacon staff, Brookline, MA, October 21, 2015


Warrant for November 17, 2015, special town meeting, Town of Brookline, MA, September 8, 2015

Article explanations for November 17, 2015, special town meeting, Town of Brookline, MA, September 8, 2015

Michael Jonas, Chester abandons PARCC, Commonwealth Magazine, October 20, 2015

Andy Hargreaves, Mary Bridget Burns and Shanee Wangia, The success of schools in Massachusetts cannot be explained by testing, Diane Ravitch on Education, June 18, 2015

An act relative to a moratorium on high stakes testing and PARCC, H. 340, Massachusetts General Court, 2015

David A. Goslin: The Search for Ability, Russell Sage Foundation, 1963

Craig Bolon: School-based standard testing, Educational Policy Analysis Archives 8(23), 2000

Craig Bolon: Significance of test-based ratings for metropolitan Boston schools, Educational Policy Analysis Archives 9(42), 2001

Lisa Guisbond, Testing reform victories, the first wave, National Center for Fair and Open Testing, 2014

Forum: regimented testing in Brookline public schools, Brookline Beacon, October 27, 2014

Craig Bolon, Dr. Lupini moves to Brookline, Brookline Beacon, June 21, 2014

School Committee: Driscoll plans, policies, technology and testing, Brookline Beacon, May 27, 2014

School Committee: celebrations, programs, policies and test scores, Brookline Beacon, May 12, 2014

Advisory Committee: return of the leafblowers

On Thursday, October 8, the Advisory Committee got off to an uncertain start at 7:30 pm in the first-floor south meeting room at Town Hall. With Sean Lynn-Jones away, Carla Benka, the vice chair, led a session that focused mainly on leafblowers.

Beginning in 2000 with a petition article from Jerome Sadow, unsuccessful on first try, this is the fourth visit by leafblowers to town meeting. Article 10 for the fall town meeting, starting November 17, calls for a total ban on the machines–however powered and however used. Article 11 calls, on the other hand, for extensions to seasons of allowed use. Noise remains the most common complaint.

Sound and noise levels: Ordinary conversations typically involve sound levels around 60 decibels A-weighted (dBA), at a distance of 3 ft. Perceived loudness doubles with each 6 dBA increase. Federal noise exposure limits, intended to prevent hearing damage, have long been 85 dBA for an 8-hour workday. At that intensity, conversation is almost impossible. The noise would sound around 20 times louder than ordinary conversation.

Introduced in the 1970s, small leafblowers have long been loathed because of noise, although performance has gradually become more tolerable. Some of the earliest machines emitted literally earsplitting noise: as loud as 95 dBA, measured at a distance of 50 ft. Unprotected operators, who work much closer to machines, experienced up to 115 dBA, comparable to peak noise from a 737 jet on takeoff, measured about 200 ft from a runway.

Demographic shifts: As Brookline’s populations changed, more people tended to be working longer hours. They tended to have less free time and more surplus income. Rather than do their own lawn care and gardening, they turned increasingly to landscapers, who brought increasing amounts of power equipment, including leafblowers.

By the middle 1990s, Brookline had a noise bylaw limiting lawn and garden equipment to a maximum noise level of 80 dBA at a distance of 50 ft. Many leafblowers then in use were noisier than permitted, but there was little enforcement. In 2000, that situation prompted Mr. Sadow to propose limiting leafblower noise to 72 dBA. However, only a few leafblowers then available could meet such a standard.

Leafblower limits: After a long review by a moderator’s committee, the fall town meeting of 2001 voted to limit leafblower noise to 72 dBA for units manufactured in 2002 or later and to limit hours of operation: 8 am to 6 pm on weekdays and 9 am to 6 pm on weekends. The Police Department got more sound level meters, and enforcement became somewhat more attentive.

The slow phase-out of older, noisier leafblowers and the continued increases in use left many residents unsatisfied. At the fall town meeting of 2008, a package of revisions to Brookline’s noise control bylaw, introduced by the Board of Selectmen, lowered the maximum allowed noise level for leafblowers manufactured in 2009 and later to 67 dBA, measured at 50 ft. However, hours of permitted use were extended: 7 am to 7 pm weekdays and 8:30 am to 6 pm weekends and holidays. Those standards remain in effect today.

After seeking stronger measures from the 2008 fall town meeting and leaving empty-handed, Andrew Fischer, a Precinct 13 town meeting member, returned at the 2011 fall town meeting proposing restrictions specific to leafblowers in a new bylaw. It set seasons of allowed use: between March 15 and May 15 and between September 15 and December 15, allowing emergency uses out-of-season by town workers. It also set penalties: from a warning on a first offense to a $200 fine on a third or later offense.

For his efforts, Mr. Fischer was rewarded by opposition from all members of the Board of Selectmen and from all but one member of the Advisory Committee. They tried to shoo him away with a resolution, merely asking residents and contractors to be “considerate…sensitive…[and] reasonable.” Mr. Fischer argued that lapses from those fine sentiments had been at the heart of continuing problems with leafblowers. He won the day.

Another round of review: This fall, Richard Nangle, a Precinct 15 town meeting member, with other petitioners, is seeking a total ban on leafblower use in Brookline, under Article 10. At Advisory, Mr. Nangle argued that enforcement of Mr. Fisher’s leafblower law has not worked. Leafblowers continue in use out-of-season, landscapers sometimes claim they are “exempt” from laws and police are rarely able to catch violators. Only ten percent of complaints logged over three years resulted in citations.

Local landscapers led by Faith Michaels and Peter Gately, who are behind Article 11 seeking to extend the leafblower seasons, spent most of their efforts opposing Article 10. They claimed leafblowers have been key elements in making money as landscapers. Erin Gallentine, the director of Parks and Open Space, was equally emphatic, citing time and motion studies. Under Article 11, landscapers want to end the spring season on June 15, not May 15, and want to end the fall season on December 31, not December 15.

Leafblowers, they all said, do a better and more efficient job than rakes and brooms. However, Ms. Michaels and Ms. Gallentine were unable to explain why total clearance of leaves should be critical today, when 40 years ago and earlier–before leafblowers came to Brookline–it wasn’t. Somehow, previous generations had managed to live safely and happily despite some stray leaves.

After 20 minutes into a stem-winding report from the subcommittee on public safety, Janice Kahn, the chair, disclosed that it had no position on Article 10, seeking a ban–despite two sessions of public hearings. Charles “Chuck” Swartz, a Precinct 9 town meeting member, sought to send Article 10 to a committee, when it had already arrived at a committee: the Advisory Committee.

Subcommittee member David-Marc Goldstein described regulations in Cambridge and Arlington. Unlike Brookline, those communities limit numbers of leafblowers in simultaneous use, according to sizes of lots. It did not seem to occur to subcommittee members that anything between the status quo and a total ban might come within the scope of Article 10, and they did not propose such limits for Brookline.

Alan Balsam, the health director, undercut one argument against leafblowers: debris they blow into the air along with leaves. Dr. Balsam said the Advisory Council on Public Health had “found no compelling health threat.” Ms. Michaels dealt with another concern, worker exposure to noise. Units her company and others said they now use, rated for 65 dBA noise at 50 feet, expose workers to 83 dBA, below the federal limit for 8-hour industrial exposure.

Recommendations: Slogging through a total of six motions from Advisory Committee members, Ms. Benka organized recommendations. The committee opposed a leafblower ban under Article 10. That got only three votes. Under Article 11, the committee supported a minor change authorizing the public works commissioner to allow leafblower use in emergencies, but it opposed extending regular leafblower seasons.

– Beacon staff, Brookline, MA, October 11, 2015


Warrant for November 17, 2015, special town meeting, Town of Brookline, MA, September 8, 2015

Article explanations for November 17, 2015, special town meeting, Town of Brookline, MA, September 8, 2015

Records of town meetings since 2000, Town of Brookline, MA, 2015

Leaf blower information, Town of Brookline, MA, 2012

Leaf blower study group, Town of Lincoln, MA, 2015

Leaf blowing, Department of Public Works, City of Cambridge, MA, 2014

Craig Bolon, Recycling: from wartime campaigns to secular religions, Brookline Beacon, October 6, 2015

Advisory Committee: don’t lock up town land

The first Advisory Committee warrant review for the fall, 2015, town meeting got underway at 7:30 pm on Thursday, October 1, in the first-floor south meeting room at Town Hall. The committee tackled Article 6, likely to be one of the most contentious. It recommended against adding more restrictions on use of town land–specifically, Larz Anderson Park–until community needs for school expansion are better understood.

Lakeside view at Larz Anderson Park

LarzAndersonLake
Source: Brookline Recreation Department

Larz Anderson Park: The land now known as Larz Anderson Park was conveyed to the Town of Brookline through the will of Isabel Weld Perkins Anderson, wife of Larz Anderson, III (1866-1937), after she died in 1948. The Weld family, from whom she was descended, had owned the former Windy Top estate since the 1840s. It also owned the site of today’s Hancock Village, using it for a private golf course until 1945.

Although it might seem odd now, Brookline’s 1949 annual town meeting struggled over whether to accept the gift of land. Some said Brookline could not afford to maintain it. The large parcel was then occupied by a mansion, by Italianate gardens at the hilltop and by several support buildings–including a handsome garage for classic automobiles that had interested Mr. Anderson.

Eventually doubts were overcome, and the town meeting voted to accept the bequest. That said the land must be used for park, educational or charitable purposes. A location at the edge of town–64 acres bordering Jamaica Plain, far from the town’s population centers–led to use for what has become Brookline’s best known public park. It includes a small lake, picnic and grill facilities, baseball fields and an outdoor skating rink.

Unfortunately, the Brookline DPW description of Larz Anderson Park on the municipal Web site omits nearly all the rich historical context of the site. The DPW map display offers text that will be unreadable with most browsers and monitors. The map information is not page-linkable, does not name, locate or describe the park features and does not outline the park boundaries–a disgrace.

Parkland protection: For many years, most involved in Brookline’s government had thought the major town parks were protected under Article 97 of the Massachusetts state constitution. However, several may not be, including most of Larz Anderson Park. Parkland protection under Article 97 requires a declaration by a town meeting.

At a public hearing held September 30 by the Advisory subcommittee on capital, Joslin Murphy, the town counsel, testified that the status of protection for several Brookline parks is uncertain. Recent cases from state appellate courts say protection is not active simply because of ways land has been acquired or used.

Restrictions in wills, deeds and trusts are not generally permanent, under Massachusetts law. Brookline was sharply reminded of that by the recent Court of Appeals decision affecting Hancock Village. In many circumstances, those restrictions expire after 30 years. Massachusetts General Laws, Chapter 184 (Real Property), Section 23, provides (in part):

“Conditions or restrictions, unlimited as to time, by which the title or use of real property is affected, shall be limited to the term of thirty years after the date of the deed or other instrument or the date of the probate of the will creating them, except in cases of gifts or devises for public, charitable or religious purposes.”

There are other exceptions to the 30-year rule. Conditions of wills and deeds involved with Brookline parks will need review. Brookline also needs to review which parks or parts of them are covered by town meeting declarations protecting land under Article 97. Such protection can be altered, but according to Ms. Murphy that takes a unanimous vote of the supervising board and two-thirds votes of both a town meeting and the General Court. Only votes in the General Court are required by Article 97. Ms. Murphy did not cite any sources for other requirements.

Proposal and background: In Article 6 for the November town meeting, the Park and Recreation Commission is proposing to declare about 55 of the 64 acres at Larz Anderson Park protected under Article 97. That would be needed to satisfy requirements for a state grant, reimbursing parts of planned improvements. The hilltop, now occupied by the town’s skating rink, was protected in 1998. According to Ms. Murphy, most of the remaining park area is probably not similarly protected.

In 2013, under item B.15 of Article 8, the annual town meeting appropriated $0.66 million for a program of improvements at Larz Anderson Park. However, the DPW Division of Parks and Open Space had developed a plan needing more than $1 million. For the balance, the division expected to seek state support. The division has prepared an application for a $0.4 million grant, not yet acted on.

Brookline’s continuing surge in school enrollment became a wild card in the deck. In December, 2014, the town hired a consultant to review needs and possibilities to build new schools. After a surge of school building during the middle and late nineteenth century, school sites have become a foreign topic. During the twentieth century, the only new school site was for Baker School on Beverly Rd., opened in 1939. The new Lincoln School opened in 1994 at the former, private Park School site on Kennard Rd.

It has been more than 75 years since Brookline had to search for a wholly new school site, one that was not in similar use before. Over that time, the town has become fully built-out, and land prices have escalated. If Brookline tried to buy land equivalent to Larz Anderson Park today, $50 million might not be enough. Most of that parkland area apparently remains eligible for use as a school site.

Advisory review: The Advisory subcommittee on capital brought in a recommendation against Article 6, by a vote of 1-4. Amy Hummel took more than ten minutes to present it, mentioning only at the end that all the other subcommittee members opposed Article 6. A prospect of locking up $50 million or more in permanent land value in return for $0.4 million or less in one-time state aid had not convinced them.

Erin Gallentine, the director of parks and open space, tried to sway the committee with arguments about a 1989 “master plan.” She said park improvements were “the next big vision for the community.” The 1989 document has not been available on the municipal Web site–a plan that few committee members had even heard about. The recently prepared grant application has not been available on the municipal Web site either.

Strangely, Ms. Gallentine did not distribute details of the grant application to Advisory Committee members, who were left to imagine what it proposed. Committee member David-Marc Goldstein asked how likely Brookline stood to get $0.4 million. Ms. Gallentine offered a rambling reply that sounded uncertain. An amendment was offered to restrict spending to any amount awarded. John Doggett asked about protecting a smaller part of the park. Ms. Gallentine complained she would have to change the grant application.

Exploring an activity that seemed contrary to restrictions of the Anderson bequest, Leonard Weiss asked how DPW equipment garages came to be built on Larz Anderson land. Ms. Gallentine claimed not to know, saying that had happened “before my time…done by the Park Department.” The former independent department was made into a DPW division through a 1981 town meeting article, after long-time director Daniel Warren retired.

Carla Benka, chair of the subcommittee on capital, described her work years ago to get Larz Anderson Park listed on the National Register of Historic Places. That insures a process of review for most proposed changes. She questioned the relevance of a 1989 plan, comparing school versus open-space priorities and saying, “It’s not right to play favorites…a whole lot has changed in 26 years.”

Several committee members defended Article 6 against detractors, including Mariah Nobrega, Michael Sandman and Stanley Spiegel. However, few votes were there for those views. Ms. Benka joined a majority of more than two to one, recommending that town meeting turn down Article 6.

– Beacon staff, Brookline, MA, October 3, 2015


Larz Anderson Park information and reservations, Recreation Department, Town of Brookline, MA, 2012

Memorandum and order, case number 2014-P-1817, Town of Brookline and others v. Massachusetts Development Finance Agency and others, Massachusetts Court of Appeals, September 25, 2015

Sanjoy Mahajan v. Department of Environmental Protection, Massachusetts Supreme Judicial Court, 464 Mass. 604, 2013

Board of Selectmen of Hanson v. Melody Lindsay, Massachusetts Supreme Judicial Court, 444 Mass. 502, 2005

Adele Toro v. Mayor of Revere, Massachusetts Court of Appeals, 9 Mass. App. Ct. 87, 1980

Massachusetts Constitution, as amended through 1990, see Article XCVII (97, approved 1972) and Article XLIX (49, superseded)

Warrant for November 17, 2015, special town meeting, Town of Brookline, MA, September 8, 2015

Article explanations for November 17, 2015, special town meeting, Town of Brookline, MA, September 8, 2015

Advisory Committee: new park land for Putterham neighborhoods, Brookline Beacon, April 10, 2015

Craig Bolon, School enrollment: no room in the inn, Brookline Beacon, December 26, 2014

Hancock Village lawsuit: Brookline’s appeal dismissed

Brookline’s first lawsuit over a Chapter 40B housing development Hancock Village has lost, in what looks tantamount to a final outcome. Following a hearing on September 14, 2015, the Massachusetts Court of Appeals issued a speedy decision with a written memorandum, dated September 25. Earlier, adverse superior court rulings were upheld on both their major points: the effects of a 1946 agreement with the John Hancock Life Insurance Company and the effects of 2008 changes to state regulations for Chapter 40B developments.

Arguments and rulings: The Appeals Court wrote that the 1946 agreement had expired in 30 years, under state law. In finding that the agreement was not currently recognizable under Massachusetts law, its memorandum cited procedures that had been followed. Quoting from a recent case, the court said that a recognizable agreement would have to be “land use restrictions imposed as a condition to the discretionary grant of regulatory approval.” [Samuelson v. Planning Board of Orleans, Court of Appeals, 2014]

Instead of restrictions imposed during regulatory approval, the 1946 procedures had involved a voluntary agreement by the original developer, the John Hancock Company, offered as an inducement to allow apartment zoning. The Court of Appeals found those procedures similar to ones of a will or trust, saying that the agreement had therefore expired in 30 years.

The main issue in the original superior court case brought by Brookline had been a challenge to a “project eligibility letter” for the Chapter 40B development, issued by the Massachusetts Development Finance Agency. The town contended that the agency had not followed state regulations, saying that a lawsuit was its only recourse, since 2008 changes in state regulations had eliminated administrative remedies.

The Appeals Court disagreed–writing, without explanation, that it was “unpersuaded by the plaintiffs’ argument.” According to the memorandum, “The issuance of a project eligibility letter is a necessary precondition to consideration of a comprehensive permit application, but it is not final action on the permit.” The Appeals Court cited the case relied on by the superior court. [Town of Marion v. Massachusetts Housing Finance Authority, Court of Appeals, 2007]

Prospects: Like its ruling on the 1946 agreement, the Appeals Court’s ruling on the 2008 regulations turns on a balance of factors and could conceivably have gone the other way. However, both are plainly stated interpretations of state law, citing recent cases at the Appeals Court. A further appeal to the Supreme Judicial Court is surely possible but would look to be a steep, uphill struggle.

The recent ruling appears to collapse a case that the Board of Selectmen filed later in the Land Court, challenging the comprehensive permit granted by Brookline’s Zoning Board of Appeals. A key argument in that case invoked the 1946 agreement, which the Appeals Court ruled has lapsed.

Other arguments, concerning suitability of the development plan for the Hancock Village site, have typically been difficult to sustain in legal challenges against Chapter 40B projects. The Board of Appeals heard over a year of testimony, received major concessions from the Hancock Village developers and imposed over 60 conditions–reducing the scale of the project.

An alternative: Pursuing an alternate vision for Hancock Village, Regina Frawley, a Precinct 16 town meeting member, filed Article 18 for annual town meeting of May, 2015. It sought a study of acquiring the Hancock Village “buffers” for permanent recreation and open space. Those are unbuilt strips of land near Russett and Beverly Roads that had been set aside, separating Hancock Village from the nearby single-family houses, following 1940s agreements with the Town of Brookline.

So far, no such study has been published. To surprise of many in the community, the Board of Selectmen has failed to appoint an independent, objective study committee–as generally expected when the May, 2015, town meeting approved Article 18. Seeing the lack of progress, Ms. Frawley filed Article 15 for the upcoming November, 2015, town meeting. It seeks an independent, objective study committee to be appointed by the moderator of town meeting and by the Advisory Committee.

Ms. Frawley found the recent Appeals Court decision on the Web and distributed it to people who have been concerned about the proposed Hancock Village development. However, she has not become involved with the Hancock Village lawsuits. She continues to pursue her original vision: to provide Brookline’s southernmost neighborhoods with permanent recreation and open space that, so far, they have never enjoyed.

– Beacon staff, Brookline, MA, September 29, 2015


Memorandum and order, case number 2014-P-1817, Town of Brookline and others v. Massachusetts Development Finance Agency and others, Massachusetts Court of Appeals, September 25, 2015

Martha Samuelson and another v. Planning Board of Orleans and others, 86 Mass. App. Ct. 901, July 2, 2014

Town of Marion v. Massachusetts Housing Finance Authority, 68 Mass. App. Ct. 208, February 12, 2007

Warrant for November 17, 2015, special town meeting, Town of Brookline, MA, September 8, 2015

Article explanations for November 17, 2015, special town meeting, Town of Brookline, MA, September 8, 2015

Appeals Court: Brookline v. MassDevelopment, Brookline Beacon, September 15, 2015

Craig Bolon, Court of Appeals: Brookline’s first lawsuit over Hancock Village, Brookline Beacon, September 12, 2015

Land Court: Dueling boards, Selectmen v. Zoning Appeals, Brookline Beacon, September 5, 2015

Craig Bolon, Advisory Committee: reach for the reset button, Brookline Beacon, July 8, 2015

Craig Bolon, Board of Selectmen: poisoning the well, Brookline Beacon, July 2, 2015

Saga of a song: Happy Birthday to You

A chain of disputes over rights to the Happy Birthday song–a controversy now stretching over more than 80 years–recently enjoyed a revival with a federal lawsuit being heard in California. It was brought by Jenn Nelson, a video producer in New York who has been assembling a documentary about the saga. A key, unresolved issue throughout long controversy has been lack of a clearly established author of the song.

Disputes: Ms. Nelson reluctantly paid a subsidiary of Warner/Chappell Music of Los Angeles, who claim to own interest in a copyright, a royalty of $1,500–so that her video could use the song without wrangling over an infringement lawsuit. After a slow burn, she found a New York lawyer, Randall S. Newman, who was willing to challenge the copyright claim. Mr. Newman filed suit in New York on June 13, 2013, joined by Mark C. Rifkin of Wolf, Haldenstein, Adler, Freeman and Herz. The venue proved questionable, and a new complaint was filed in California later that month.

Circumstances of the Happy Birthday song have been contentious. Disputes began in 1934 with a charge against producer Sam Harris and composer Irving Berlin, who included the song in a Broadway musical without an agreement. Robert Brauneis, a professor at George Washington University Law School, explored origins of the song and legal issues about it in a 92-page journal article published in 2009, plus supplements available from the law school.

Origins: While working at the Louisville Experimental Kindergarten School in the early 1890s, Mildred Jane Hill and Patty Smith Hill composed a song with the same melody and different lyrics. Mildred Hill was a professional pianist and organist who taught at the school. Her sister Patty Hill had trained as a teacher at the school and then become principal. A pioneer in early childhood education, she later became a professor at Columbia University. The sisters collaborated on songs to appeal to and be easily learned by young children.

In 1893, the two sisters submitted a manuscript for publication to the Clayton F. Summy Co., then at 220 Wabash Ave. in Chicago. Mr. Summy published the work in 1893, 1894 and 1896 as editions of Song Stories for the Kindergarten. The first song on the first page of music was titled Good-Morning to All. It had the melody of the Happy Birthday song, but the lyrics said “good morning” instead of “happy birthday.”

Subsequently, the Clayton F. Summy Co. republished Good-Morning to All in 1899 as part of Song Stories for the Sunday School and in 1907 as a free-standing composition. In each case of publication, according the original complaint in the recent lawsuit, Mr. Summy or the Summy company applied for copyright registration and asserted that Mr. Summy or the company was “proprietor” of the work. No Summy publication included the “happy birthday” lyrics, only the “good morning” lyrics.

Changes and infringement: The trail diverged in 1912, after a large, Chicago-area piano manufacturer, The Cable Company, published and began to sell The Beginners’ Book of Songs. For a song titled Good-Morning to You, alternatives to “good morning” were shown in subtitles as “good bye” and “happy birthday.” Key, melody, main lyrics and piano arrangement were the same as Good-Morning to All in Song Stories for the Kindergarten from the Clayton F. Summy Co., still under copyright.

The Beginners’ Book of Songs, cover

BeginnersBookOfSongs1912CableCover
Source: The Cable Company, Chicago, IL, 1912

As published in The Beginners’ Book of Songs, no authorship, permission or copyright was cited for Good-Morning to You. That looks like infringement. However, this 1912 publication also introduced into commercial circulation the “happy birthday” lyrics in combination with the “good morning” melody.

Any later attempt to claim original authorship of the “happy birthday” lyrics, alone or in combination with the “good morning” melody, could suggest plagiarism. So far as can be seen in records from the recent lawsuit, neither Mildred Hill nor Patty Hill claimed authorship or left unpublished manuscripts for the “happy birthday” lyrics or for their combination with the “good morning” melody.

According to Prof. Brauneis and as recited in the original complaint for the recent lawsuit, the Clayton F. Summy Co. did not seek copyright extension for the publication of the Good-Morning to All song occurring in 1893. Later publications notwithstanding, melody and lyrics of that song could have entered the public domain when their 1893 copyright term ended in 1921 without renewal action by the “proprietor,” Clayton F. Summy or the Summy company.

From 1922 to 1927, The Cable Company published the fourth to sixteenth editions of The Everyday Song Book. Song 16 in those editions was titled Good Morning and Birthday Song. It has the melody of Good-Morning to All, transcribed from G to A-flat, with no piano arrangement and with three sets of lyrics: two with “good morning” and one with “happy birthday.” No authorship or copyright was cited. However, a note below the title said, “Special permission through courtesy of the Clayton F. Summy Co.”

Lawsuits and arguments: That situation is now presented to a federal court in the Central District of California. Judge George H. King, the chief judge of the district, has something of a mess to clear, mainly because of lapse of time but also because of several actions during the previous 81 years to prosecute a claimed but vaguely justified copyright.

Supposed rights to the Happy Birthday song may never have been enforceable. No authorship for the “happy birthday” lyrics or for their combination with the “good morning” melody appears to have been claimed at or before publication in 1912. Without an author, there is no copyright interest. [See note, below.] However, arguments in the recent case became tangled–tending to obscure some elements of copyrights.

Judge King does not have a particularly strong record when dealing with intellectual property. In Alfred Mann Foundation v. Cochlear, a patent lawsuit beginning as Central California case no. 07-cv-8108, he was overruled by the Court of Appeals for the Federal Circuit in 2010 [case no. 2009-1447], which found faulty justification from Judge King for holding that plaintiffs in the district court case lacked standing to sue.

The Clayton F. Summy Co. was sold in 1930, into what became a succession of organizations. When lawsuits began in the mid-1930s, the Happy Birthday song had been published several times before, essentially in the form it is currently performed, without claims of authorship or copyright and without prior challenges for infringement. By at least 1922 it was a known work, published in full and combining the “happy birthday” lyrics with the “good morning” melody.

Aggressive copyright prosecutions look to have begun with efforts by Jessica Hill, youngest sister of Mildred and Patty Hill, after Mildred Hill died in 1916 and Jessica Hill, who played no role in creation of their songbook, inherited a potential interest in the songs. In a brief filed July 28, 2015, Warner/Chappell argued that Jessica Hill renewed the copyright to the songbook in 1921.

In an appendix to his journal article, Prof. Brauneis argued that, as a successor in interest, Jessica Hill was entitled to obtain and hold a renewal of copyright and would have held it in trust for other family members. As renewed in 1921, the 1893 copyright for Song Stories for the Kindergarten would have expired in 1949, and the enforceable copyright to the Happy Birthday melody would have expired with it.

After 1921, Mr. Summy and the original Clayton F. Summy Co. would no longer have been the “proprietors” of copyright for Good Morning to All. Instead, Jessica Hill would have become “proprietor.” According to that logic, the Happy Birthday melody, as published by The Cable Company in 1922 and later, would have been yet another pirate edition. Its “permission” was bogus. The “happy birthday” lyrics are a different story.

Neither the 1893 songbook nor later editions of it contained the “happy birthday” lyrics, alone or in combination with the “good morning” melody. So far, briefs for Warner/Chappell have apparently failed to acknowledge lack of documented authorship and copyright coverage for the “happy birthday” lyrics, alone or in combination with the “good morning” melody, between at least 1893 and 1933.

In the 1930s, successor management of the Clayton F. Summy Co. filed for copyrights involving the Happy Birthday song. However, they were for similar works with varying piano arrangements and additional lyrics. They did not address issues arising from combining the “happy birthday” lyrics with the “good morning” melody. At those times and since, there have been allegations of copyright infringement. So far, disputes over the Happy Birthday song have been settled privately, leaving legal issues of copyright unadjudicated.

Potential outcomes: It is possible Judge King will find there have been no enforceable rights to the “happy birthday” lyrics or their combination of with the “good morning” melody, because there has been no clear evidence of authorship for the lyrics or the combination. It is also possible the judge will find potential rights connected with the melody of the Happy Birthday song were abandoned or had expired by 1922 or by 1950, either through acts or through neglect.

If the judge somehow reaches the far side of those legal chasms, he will need to decide whether the 1930s copyright filings reflect rights of original authorship to the combination of the “happy birthday” lyrics with the “good morning” melody or whether instead they concern only rights to derivative works with different piano arrangements and additional lyrics. If inclined toward finding original authorship, the judge would also need to consider potential plagiarism in the filings.

The money involved makes at least a trip to the Court of Appeals and a try at the Supreme Court likely, no matter what Judge King finds. However, pitfalls ahead for Warner/Chappell Music suggest a fair chance that in a few years the Happy Birthday song may be recognized as public-domain. Warner/Chappell Music might have to disgorge years of unearned royalties, depending on findings of culpability.

Ms. Nelson’s lawsuit already has class action recognition. It seeks to restrict copyrights currently claimed for the Happy Birthday song from covering more than specific piano arrangements and additional lyrics, and in addition it seeks injunctive relief, royalty reimbursements with interest and costs. A victory by the plaintiffs would likely draw attention to other older copyright claims, including Sherlock Holmes stories, already public-domain in the UK.

– Craig Bolon, Brookline, MA, August 8, 2015


Note: “Without an author, there is no copyright interest.” Authorship and originality have been ingredients of copyrights since they were authorized by the U.S. Constitution in Article 1, Section 8. In Section 4, the Copyright Act of 1909 provided, “works for which copyright may be secured under this act shall include all the writings of an author.” Section 102 of the Copyright Act of 1976 narrowed the range somewhat, saying, “copyright protection subsists in original works of authorship.” A requirement of originality, expressed in case law, was made explicit under that statute.

Susanna Kim, Why Happy Birthday to You should be copyright-free, lawyers say, ABC News, July 29, 2015

Zachary Crockett, Who owns the copyright to Happy Birthday?, Priceonomics, April 14, 2015

“Until there is a work of authorship, there is no copyright interest,” U.S. Copyright Office, 2014

Good Morning to You Productions Corp., et al., v. Warner Chappell Music, Inc., et al., case 2:13-cv-4460 in the Central District of California (Los Angeles), filed June 20, 2013
(originally filed as Rupa Marya v. Warner Chappell Music, Inc., first filed as case 1:13-cv-4040 in the Southern District of New York)

Class-action complaint, case 1:13-cv-4040 in the Southern District of New York, filed June 13, 2013

Robert Brauneis, Copyright and the world’s most popular song, Journal of the Copyright Society of the U.S.A. 59:335-426, 2009
Links to text and supplements, George Washington University
Formatted text of the article, George Washington University

Jason Mazzone, Copyfraud, New York University Law Review 81(3):1026-1100, 2006

Russ Versteeg, Defining “author” for purposes of copyright, American University Law Review 45(5):1323-1366, 1996

First Publications v. Rural Telephone Service Company, U.S. Supreme Court, case no. 89-1909, 499 U.S. 340, 1991

Geraldine Fabrikant, Sound of a $25 million deal: ‘Happy Birthday’ to Warner, New York Times, December 20, 1988

The Cable Co. (Chicago, IL), Everyday Song Book, 101 Best Songs and 101 Famous Poems (advertisement), Normal Instructor and Primary Plans 31(4):4, F.A. Owen Publishing Co. (Dansville, NY), February, 1922

Clayton Frick Summy, in John W. Leonard, ed., The Book of Chicagoans, A.N. Marquis & Company, Chicago, 1905, p. 558

Advisory Committee: probing a disconnect

The Advisory Committee met Tuesday, July 28, starting at 7:30 pm in the first-floor south meeting room at Town Hall–mainly to understand a disconnect in budgeting before and during the May town meeting. Details had been reviewed by the Capital subcommittee at a meeting the previous Tuesday, July 21. While some events had become known, understandings of them remained murky.

Structural deficit: As adopted at the 2015 annual town meeting, the fiscal 2016 budget had a structural deficit, around $200,000, known to some Brookline employees but withheld from most or all members of boards and committees and from town meeting. At the point of the Advisory Committee’s review July 28, a timeline for some events of the disconnect had become clear:

Late April: Public Works gets only three bids for recycling
Late May: Public Works settles on best bid, $200,000 over budget
May 26: Annual town meeting adopts fiscal 2016 budget
May 28: Annual town meeting completes work and dissolves
June 23: Board of Selectmen approves $1.22 million FY2016 contract
June 23: Board of Selectmen applies for $200,000 from reserve fund
July 7: Advisory Committee approves $200,000 and starts investigation
July 14: Advisory Committee members lodge protest with Board of Selectmen
July 21: Advisory subcomittee conducts special hearing and drafts report
July 28: Advisory Committee holds special review meeting

By late April, at least Andrew Pappastergion, the commissioner of public works, Mel Kleckner, the town administrator, and Melissa Goff, the deputy town administrator, knew that a structural deficit in the fiscal 2016 budget was likely. Before the end of the annual town meeting, they knew the budget deficit was certain and would be about $200,000.

None of them told any member of the Advisory Committee, which has a legal duty to propose budgets to annual town meetings. Had they done that, the committee could have amended the budget proposed to town meeting, to bring it into balance, or it could have proposed to reconsider the budget, if notified after the budget had already been voted.

It has not been clear whether members of the Board of Selectmen had timely information. No member of the board told any member of the Advisory Committee or told town meeting about it before June. Treatment of protesting committee members at the board’s meeting July 14 looked and sounded disrespectful. However, on July 28 the committee skirted those issues, focusing on information received from town employees.

Explanations: As described in a subcommittee report prepared by Fred Levitan, a Precinct 14 town meeting member, during the May town meeting, Mr. Kleckner was also aware of about $190,000 in extra state aid for Brookline. He failed to inform Advisory Committee members and town meeting about those circumstances as well. Apparently he hoped to use the extra funds somehow to repair the structural deficit.

According to a 20-year “town-school partnership,” that would have been unrealistic. Revenues have to be reviewed by a standing committee and are typically divided between municipal and school accounts. So far, there has been no meeting of the partnership committee to consider changes in fiscal 2016 state aid.

According to Mr. Levitan, Mr. Klecker said not notifying the Advisory Committee was “a mistake.” To many observers, that might not appear likely. Mr. Klecker has about 20 years experience with work similar to his current position–serving four Massachusetts towns, most recently Winchester and Belmont. The same provisions of Massachusetts General Laws have applied to all the towns.

The committee discussed whether to reconsider the contentious $200,000 reserve fund transfer it had approved July 7. That had been an evening when the committee rejected a reserve fund request, the only rejection any member could recall in about ten years. The request approved came on a vote of 12 to 10 and one abstention. With just a single vote cast as No instead of Yes, the $200,000 request would have been rejected on a tie vote.

Following Advisory customs, reconsideration needed a motion from a member who had voted Yes on the $200,000 transfer. If the transfer were reconsidered, it might be voted down and withdrawn. When Sean Lynn-Jones, the committee chair, called for such a motion, there was no response. Most members seemed satisfied such a disconnect would not happen again.

– Beacon staff, Brookline, MA, July 29, 2015


Report from Fred Levitan for Capital subcomittee to Advisory Committee, $200,000 DPW transfer request, Town of Brookline, MA, July 28, 2015

Memorandum from Melvin A. Kleckner, Town Administrator, to Sean Lynn-Jones, Chair, Advisory Committee, Town of Brookline, MA, July 13, 2015

Richard Kelliher and James Walsh, Memorandum of understanding: town/school budget partnership, Town of Brookline, MA, May 16, 1995

Board of Selectmen: two boards, changing colors, Brookline Beacon, July 18, 2015

Craig Bolon, Advisory Committee: reach for the reset button, Brookline Beacon, July 8, 2015

Board of Selectmen: water fees, snubbing the public, Brookline Beacon, June 24, 2015

Advisory Committee: budgets and reconsiderations, Brookline Beacon, May 1, 2015

Brookline finances: big promises, little performance

Often flush with self-promotion about its civic virtues, Brookline’s modern government remains about as laggard in civic performance, measured against other communities, as nineteenth-century predecessors. A recent example of claims versus realities comes from a meager source of online fiscal data found on the recently revised municipal Web site.

Tools for data: With conversion of its municipal site in early summer, 2014, to hosting by CivicPlus of Manhattan, KS, Brookline also provided an online component of Munis management software, from Tyler Technologies of Plano, TX.

A blurb on the Brookline site about “Open Checkbook” claims that the underlying software, Tyler Citizen Transparency, “…provides financial transparency to the public with easy access to the Town of Brookline’s expenditure information….” It you find both Brookline’s claims and its data pass a smell test, you might also regard unfiltered muck from the Charles River basin as “transparent.”

PIRG ratings: A little over two years ago, Governing States and Localities, a trade journal published in Washington, DC, called attention to a trend of junk data. Data editor Mike Maciag described a survey of online data portals performed by U.S. PIRG, the Public Interest Research Group founded by Ralph Nader. Governing Magazine reproduced the PIRG service rankings and grades for 30 large U.S. cities. The closest and most relevant to Brookline was Boston.

PIRG awarded grades of A to New York City and Chicago for transparency. In contrast, Boston got a grade of D- from PIRG and placed seventh from the bottom in ratings. Boston provides a wrapper, “Checkbook Explorer,” linking to data retrieval similar to what Brookline offers. Lacking the wrapper, Brookline’s service rating would probably be worse; its portal is harder to use.

In terms of software technology, Brookline’s data access suggests a dinosaur. PIRG classifies similar levels of service, in general, as “Transparency 1.0–Incomplete.” It offers the following description of such unhelpful municipal data portals that its staff surveyed:

“Residents have access to only limited information about public expenditures. Information about contracts, subsidies or tax expenditures is not disclosed online and often not collected at all. Determined residents who visit numerous agency Web sites or make public record requests may be able to gather information on government expenditures.”

Vendors: One of the ways in which mostly unhelpful financial data retrieval can sometimes be useful is searching by “vendor.” In the arcane language of municipal finance, that word does not have an ordinary meaning. Instead it means, “Who got paid?” One of the better paid people at Town Hall is the town administrator, Mel Kleckner. Searching fiscal 2015 by vendor for “kleckner” gets a span of items, including:

MELISSA LO…$1,695
MELVIN A KLECKNER…$1,427
MERCHANT CONSULTING GROUP LLC…$1,849

Expanding the MELVIN A KLECKNER item displays a table with three payments:

Payment Date…Account…Category
…Department…Fund…Vendor Payments

10/15/2014…EDUCATION/TRAINING/CONFERENCES…Other Expenses
…SELECTMEN…GENERAL FUND…$828

05/13/2015…SELECTMEN’S CONTINGENCY……Other Expenses
…UNCLASSIFIED…GENERAL FUND…$489

06/10/2015…SELECTMEN’S CONTINGENCY……Other Expenses
…UNCLASSIFIED…GENERAL FUND…$110

There is no more information underneath any data. In particular, one cannot find out what the “education, training or conferences” were about or when and where that took place. There is no explanation about what “other expenses” might actually have paid for.

The huge gap in junk data here is total omission of all major payments to MELVIN A KLECKNER. Brookline’s FY2015 municipal budget shows, on page IV-4, a budget for account 510101, “Permanent Full Time Salaries,” that includes an item for “Town Administrator…$179,099″ in the fiscal year just ended June 30. The town’s confusing budget omits most employee benefits from such displays.

Mr. Kleckner was also supposed to have an employment contract. If he did, it was not shown anywhere in the online municipal finance information. This information has a separate Payroll page, but that did not help either. As of July 11, it showed payments to KLECKNER, MELVIN A of only $3,500 during fiscal 2015, which ended June 30.

Big bucks: In Brookline’s financial picture, the big bucks are often going to contractors on town projects. A long-running one, just about to end, has been renovation of Warren Field. A major contractor has been New England Landscape and Masonry (NELM) of Massachusetts. This company did not turn up when searching by vendors under either “nelm” or “new england.”

A common issue with junk data is use of variant and cute names, known to local staff perhaps but not known to the public. NELM has its business office in Carver, MA, but the Brookline municipal Web site does not provide any way to search by a vendor other by name. There is also no way to search among the contractors that have been working on some specific project.

An obscure feature of the Vendors search page is the ability to sort vendors by total recorded payments. Click on the Vendor Payments heading at the top of the tabular display. Let the display settle, and click again. Vendors will be sorted in declining order of total payments. As of July 11, 2015, there were eight so-called “vendors” with total fiscal 2015 payments shown at more than $1 million, as follows:

BROOKLINE RETIREMENT SYSTEM…$21,740,098
COMMONWEALTH OF MASSACHUSETTS…$12,616,236
US BANK…$9,389,800
TRANSCANADA POWER MARKETING LTD…$1,339,493
D’ALLESSANDRO CORP…$1,337,420
EVERSOURCE…$1,186,978
YCN TRANSPORTATION, INC…$1,076,504
WASTE MANAGEMENT OF MASSACHUSETTS INC…$1,049,912

Some of the so-called “vendors” such as U.S. Bank don’t even match the convention of “Who got paid?” The bank likely got cash deposits and not what most people would call “payments.” The biggest conventional vendors selling ordinary services to Brookline were D’Allessandro of Avon, the main contractor for snow clearance last winter, and two electricity suppliers, Eversource and TransCanada.

There are likely to have been service contracts with these large vendors. No contract information of any kind could be found on the fiscal data pages of Brookline’s municipal Web site.

– Craig Bolon, Brookline, MA, July 11, 2015


Benjamin Davis, Phineas Baxandall and Ryan Pierannunzi, Transparency in municipal spending, U.S. Public Interest Research Group (U.S. PIRG), 2013 (2 MB)

Mike Maciag, Report grades cities’ spending transparency Web sites, Governing States and Localities (Washington, DC), January 25, 2013

Departmental budgets, FY2015 Financial Plan, Town of Brookline, MA, February, 2014 (5 MB)

Board of Selectmen: Village Street Fair, trash metering, Brookline Beacon, June 12, 2015

Craig Bolon, Public Works: snow removal, Brookline Beacon, March 9, 2015

Kehillath Israel: renovation and Chapter 40B development

On Wednesday evening, July 8, representatives of the Kehillath Israel congregation announced at a public meeting held at the site that they were starting real estate development, in two parts. Part 1 renovates the synagogue building, dedicated in 1925, and adds about 10,000 square feet of support space on the north side. Part 2 builds an undisclosed amount of partly subsidized new housing, replacing the community center opened in 1948 and using Chapter 40B of the General Laws to override Brookline zoning.

Rabbi William Hamilton opened the meeting, saying the congregation was planning for a next century. The membership has shrunk from a peak of around 1,200 families in the 1950s to around 400 now. He introduced Joseph Geller, a landscape architect and developer, member of the congregation, Precinct 9 town meeting member and former member of the Board of Selectmen, who led most of the discussions.

Mr. Geller introduced Robert L. “Bobby” Allen, Jr., a local real estate lawyer, Precinct 16 town meeting member and former member of the Board of Selectmen with whom Mr. Geller served. Mr. Allen is representing the congregation’s legal interests in development plans. Asked about potential disruptions from pursuing development while nearby Devotion School is being rebuilt, Mr. Allen merely said it could be “a problem.”

According to Alison Steinfeld, Brookline’s director of community planning and development, about a year ago Mr. Allen met with members of the department for an initial discussion. Ms. Steinfeld said she did not know the amounts of housing Kehillath Israel might have in mind. Such a discussion, as well as such a meeting as happened July 8, are among steps in Brookline’s design review process for any development on Harvard St.

Location, location: Stories about a potential large housing development have circulated around nearby neighborhoods for many months, with a wide range of speculation about locations, amounts, sizes and heights. The presentation on July 8 settled only location: space now occupied by the community center, which representatives of the congregation called the “Epstein building.”

The current community center’s building outline is about 120 by 65 feet, plus a depth of about 30 feet for front entry and steps. If there were to be no further incursions past those perimeters, that could provide a gross area near 10,000 square feet per floor. A modern 4-story building, similar in overall height to the community center, might house around 40 medium-size apartments.

North Brookline neighborhoods have had two previous experiences with 40B developments. A private developer near the synagogue substantially scaled back initial plans and built a double wood-frame quadruplex at 107A through 113B Centre St. in the late 1990s, replacing a large house. Occupancy of these condominium units has proven fairly transient, with turnovers every several years.

After about seven years of disputes and negotiations, the development arm of the Roman Catholic Archdiocese of Boston scaled back initial plans for the former St. Aidan’s Church by about 60 percent and put up mostly modern, fireproof new construction around 2008. However, adaptive reuse, unprecedented for the Archdiocese, placed several apartments inside the historic church structure and preserved the large courtyard at the corner of Pleasant and Freeman Sts. and its huge copper beech tree.

Senior housing: Mr. Geller said Kehillath Israel was planning “senior housing”–favorable for a community in which escalating costs of public schools have been driving up budgets, leading to tax overrides passed this year and in 2008. While age-restricted housing is clearly a form of discrimination, under some conditions it is allowed by laws and regulations.

Massachusetts has had antidiscrimination housing laws for many years. They were partly subsumed by the federal Fair Housing Act, Title 8 of the Civil Rights Act of 1968 (PL 90-284). The original version of the law prohibited discrimination based on race, color, religion, sex or national origin in the sale and rental of dwellings. Other protected categories have been added.

Section 4 of Massachusetts General Laws Chapter 151B, “Unlawful Discrimination,” prohibits discrimination because of race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, marital status, children, handicap and receipt of public assistance or housing subsidy in the selling, renting or leasing of housing accommodations, commercial space or land intended for those uses. Fines are up to $50,000 per violation. Massachusetts regulations in 804 CMR 02 implement the law.

One of the few general exceptions in housing discrimination laws has allowed, after 1988, qualified “senior housing” developments, as modified under the federal Housing for Older Persons Act of 1995 (PL 104–76). Such a qualification requires 80 percent of dwellings to be occupied by at least one person who is 55 years of age or older. The federal qualification can be lost if that operating status is not maintained.

The Kehillath Israel congregation would almost surely be able to qualify a development as “senior housing.” Asked how the congregation might guarantee that “senior housing” will continue to qualify and operate that way, Mr. Geller said he expected there would be a continuing agreement with the Town of Brookline. By contrast, the management at Hancock Village in south Brookline has been moving away from “senior housing,” actively marketing to mostly foreign families with children. They are not planning “senior housing” as a part of their current Chapter 40B housing project in Brookline.

When a religious organization sponsors housing, some assume members and affiliates of the organization will become occupants or may be favored. Occupants of new housing at the Kehillath Israel site need not be Jewish or otherwise share some background that might tend to exclude people protected against discrimination. During controversy over redevelopment of the former St. Aidan’s Church, at least some former parishioners seemed convinced they would be favored to occupy new apartments there. Since that did not agree with housing laws and regulations, it did not happen.

– Beacon staff, Brookline, MA, July 9, 2015


Fair housing regulation, Massachusetts Office of Consumer Affairs and Business Regulation, 2015

Town elections: tax override for schools passes, Brookline Beacon, May 5, 2015

Craig Bolon, Hancock Village: development pressures, Brookline Beacon, February 22, 2015

Advisory Committee: reach for the reset button

Meeting on Tuesday, July 7, at Town Hall, starting at 6:15 pm, the Advisory Committee and its subcommittee on planning and regulation rejected a reserve fund transfer request from the Board of Selectmen and from Mel Kleckner, the town administrator, voting by 2 to 1 margins and more. Such outright rejections have been rare. This one seemed to surprise Joslin Murphy, the town counsel, and Melissa Goff, the deputy town administrator, who were on hand to make the case for the reserve fund transfer.

The request was for legal support related to potential taking of Hancock Village buffers in south Brookline as recreation land, proposed for study by a resolution from the annual town meeting this May under Article 18. The Board of Selectmen had been widely expected to set up an independent “blue ribbon panel” to consider the issue, since they are entangled in two lawsuits involving a Chapter 40B project at Hancock Village, overriding Brookline zoning, which they strongly oppose.

To nearly everyone’s surprise, Mr. Kleckner and members of the Brookline Board of Selectmen recently seemed to ignore conflicts in those matters, angling toward involvement in the recreation land issues, including their recent request for a transfer from the reserve fund. In effect as well as in words from some of its members, the Advisory Committee called on the Board of Selectmen to reach for the reset button and recast a potentially troubled approach.

Conflicts and bad faith: A land taking under powers of eminent domain can be held valid in Massachusetts when the land is part of a proposed Chapter 40B housing development. However, Brookline would need to be able to show that such a taking was in “good faith”–that is, mainly for a claimed and legitimate public purpose and not mainly to restrict a Chapter 40B development.

Such a case began about 44 years ago in Chelmsford. Its town meeting voted to take a parcel of land for conservation that was also the site of a Chapter 40B project for partly subsidized housing. The Supreme Judicial Court reviewed the case in Chelmsford v. DiBiase [370 Mass. 90, 1976]. It found, in part:

“A taking of land by eminent domain by a town in good faith and for a public purpose was valid notwithstanding a pending application to the board of appeals for a comprehensive permit to build low and moderate income housing on the land pursuant to General Laws Chapter 40B, Sections 20-23….”

According to the opinion in Chelmsford v. DiBiase, there were no material disputes over whether the town had acted in good faith–that is, mainly to take land for conservation purposes and not mainly to restrict a Chapter 40B development. In a later case, Pheasant Ridge v. Burlington [399 Mass. 771, 1987], disputes over “good faith” arose and led to a different outcome.

The Burlington Board of Selectmen apparently concocted a hasty justification for taking land by eminent domain at the site of a proposed Chapter 40B development. Massachusetts courts were not convinced by claims that the public purpose was legitimate but also considered circumstances under which the justification for a taking had been asserted, The Supreme Judicial Court opinion held, in part:

“…a municipal land taking, proper on its face, may be invalid because undertaken in bad faith…the record in this case…required the inference that the town, acting through its town meeting, was concerned only with blocking the plaintiffs’ development….”

Recreation land: The Brookline proposal for recreation land stands in the balance. Two situations are almost never identical. A Chelmsford case showed that a taking for recreation could succeed, while a Burlington case showed that conflicts of purposes might undermine it. Just after the recent town meeting, the town administrator and members of the Board of Selectmen set out in a sensible direction, along lines of past precedents in Brookline, keeping some distance from a study of recreation land.

More recently, ignoring the request of town meeting to act “in good faith,” they swerved toward wrecking the potential for a significant project. Some observers are already tending toward an interpretation of the changes as sabotage. Maybe, they say, the town administrator and members of the Board of Selectmen mean to block the recreation land proposal by linking it with their lawsuits and making it impossible to defend.

Regina Frawley, a Precinct 16 town meeting member and the principal petitioner for Article 18, told the full Advisory Committee, “The goal hasn’t changed…active recreation space in perpetuity.” The petitioners, she said, had been “very mindful to separate the fact the town had two law cases involving the property…the issue of bad faith versus good faith.” At town meeting, she recalled, “selectmen abstained from Article 18 so they would not contaminate the case…They had the power to create a ‘blue ribbon panel.’ After town meeting, they chose not to do that.”

According to Lee Selwyn, a member of the Advisory subcommittee, “The issues now are mainly factual…a citizen panel to develop a factual record is what the proponents of Article 18 had in mind.” At the recent town meeting, he said, “a clear majority” supported the article about recreation land. “It wasn’t close…a factual record supporting its legitimate use…would help to overcome a ‘bad faith’ claim.”

Len Weiss, an Advisory Committee member, contended, “We should vote against the reserve fund transfer. There’s money to be spent in the budget right now [and] no need to transfer money from the reserve fund.” Committee member Fred Levitan said that “in my tenth year [on the committee], I don’t recall reserve fund transfers in advance,” only seven days into a fiscal year.

In the end, the Advisory Committee denied the request for a reserve fund transfer by a vote of 16 to 7, with Alisa Jonas of Precinct 16 abstaining. Ms. Jonas has been described as a participant in a lawsuit brought by a group of south Brookline residents and linked with one of the lawsuits brought by the Board of Selectmen, opposing the Chapter 40B project at Hancock Village.

– Craig Bolon, Brookline, MA, July 8, 2015


Chelmsford v. DiBiase, 370 Mass. 90, 1976

Pheasant Ridge v. Burlington, 399 Mass. 771, 1987

Warrant report with supplements, May 26, 2015, town meeting, Town of Brookline, MA

Article 18, Brookline, MA, 2015 Annual Town Meeting, acted on May 28, 2015

Craig Bolon, Board of Selectmen: poisoning the well, Brookline Beacon, July 2, 2015

Craig Bolon, Hancock Village: development pressures, Brookline Beacon, February 22, 2015

2015 annual town meeting: how town meeting members voted

The 2015 annual town meeting held eleven electronically recorded votes, the same as the annual town meeting last year, even though this year’s town meeting considered only about half as many articles. As happened last year, there were discrepancies between votes reported by the town clerk, three days after the town meeting ended, and votes declared by the moderator when they were taken. This year there were no “straw” votes–supposedly just to get a count–and the biggest discrepancy was a difference of two votes–not enough to change any result.

Frank Caro, a Precinct 10 town meeting member, stepped out as captain of recorded votes. He would leap to a microphone and ask for a recorded vote. Edward “Sandy” Gadsby, the moderator, would call on supporters to stand, and he would count to see if there were at least 35. There always were. Soon Dr. Caro needed only to approach a microphone and didn’t have to say why. Perhaps because it needed less than two minutes, town meeting members took to the process.

With the table of recorded votes, two indices have been calculated for each town meeting member. One is an index of voting, measuring participation: 100% for voting Yes, No or Present at every opportunity, 0% for being absent or not voting at every opportunity. The other is an index of concurrence, measuring agreement with the town meeting results: 100% when voting Yes or No the same way as every result at town meeting, -100% when voting the opposite way as every result. Votes of Present (or Abstain), records of being absent and records of not voting were counted as neutral for an index of concurrence.

There were, in total, 266 records with no vote being cast by town meeting members who had checked in with tellers and taken out their assigned keypad transmitters. That was far more than the 75 vote records of Present (or Abstain). An average of 32 out of 248 town meeting members were absent at the two sessions–that is, they did not check in and take out their assigned keypad transmitters. There are no records of whether town meeting members stayed at the town meeting sessions after checking in.

The voting records designated as Precinct AL (at large) are those for the moderator, the town clerk, members of the Board of Selectmen and the single state representative who lives in Brookline. High indices of both voting and concurrence were recorded for Benjamin Franco and Nancy Heller, members of the Board of Selectmen, at 100% voting and 82% concurrence. Three town meeting members were recorded with both 100% voting and 100% concurrence: Virginia LaPlante of Precinct 6, Craig Bolon of Precinct 8 and Lee Cooke-Childs of Precinct 12.

– Craig Bolon, Brookline, MA, June 28, 2015


2015 annual town meeting: budgets, bylaws and resolutions, Brookline Beacon, May 30, 2015


Brookline 2015 annual town meeting, electronic votes as of May 31, 2015
Source: Town Clerk’s on-line records

No. Day Article Result Question voted
1 5/26 10 N Changes to Living Wage bylaw, motion to terminate debate
2 5/26 10 Y Changes to Living Wage bylaw, opposing changes to seasonal and temporary
3 5/26 10 Y Changes to Living Wage bylaw, main motion as amended
4 5/28 13 N New bylaw requiring tap water in restaurants, motion to refer
5 5/28 13 Y New bylaw requiring tap water in restaurants, main motion
6 5/28 14 N New bylaw for bottled water ban, motion to terminate debate
7 5/28 14 N New bylaw for bottled water ban, motion to refer
8 5/28 12 N Changes to snow shoveling bylaw, limit discretionary delay in enforcement
9 5/28 12 Y Changes to snow shoveling bylaw, fine on first violation rather than warning
10 5/28 18 N Resolution for study of eminent domain, motion to terminate debate
11 5/28 19 Y Resolution opposing Boston Olympics in 2024, main motion

Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
1 Cathleen Cavell N Y Y N Y N N Q Q Q Q 64% 64%
1 Jonathan Cutler N Y Y N N N Y Y Y Y Y 100% 27%
1 Elijah Ercolino N Q Y Y Q Y Y Y Y Q Q 64% -9%
1 James Franco Y N N Q Y Y N N Y Y N 91% -18%
1 Richard Garver Y Y N N N N Y P Y Y N 100% -18%
1 Neil Gordon N Y Y N Y Y N Y Y Y Y 100% 45%
1 Helen Herman N Y Y A A A A A A A A 27% 27%
1 Carol Hillman N Y N A A A A A A A A 27% 9%
1 Sean Lynn-Jones N Y Y N Y N N N Y N P 100% 91%
1 Alexandra Metral Y Y Q Y Y N N Y Y N N 91% 18%
1 Paul Moghtader Y N Y N Y Y N Y Y Y Q 91% 0%
1 Bettina Neuefeind Q Q Q N Y N N Y Y Q Q 55% 36%
1 Robert Schram Y Y Y N Y Y N N Y Y Y 100% 45%
1 Kate Silbaugh N Y N N Y N N Y Y Q Q 82% 45%
1 Robert Sloane Y Y Y N Y N N Y Y Y N 100% 27%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
2 Judith Kidd Y Y N N Y Y N N Y P Q 91% 27%
2 Lisa Liss Y Y Q N Y Y N Y N Y Q 82% -9%
2 Rita McNally A A A A A A A A A A A 0% 0%
2 Adam Mitchell Y Y Y N N Y N Y Y Y N 100% -9%
2 Barbara O’Brien Y Y N Y N Y Y Y Y N N 100% -45%
2 Gwen Ossenfort Y Y Y N Y Y N Y Y Y N 100% 9%
2 Linda Pehlke A A A A A A A A A A A 0% 0%
2 Susan Roberts Y N Y Y Y Q Y N N Q N 82% -27%
2 Livia Schachter-Kahl Q Y Y Y Y Y Y Y Y Y Q 82% -9%
2 Diana Spiegel N Y Y Y N Y Y N N N Q 91% 0%
2 Stanley Spiegel A A A A A A A A A A A 0% 0%
2 Eunice White A A A A A A A A A A A 0% 0%
2 Bruce Wolff A A A Q Q Q Q Q Q Q Q 0% 0%
2 Ana Vera Wynne Y Y Y Y Y Q Y Y Y Y Y 91% 0%
2 Richard Wynne Y N Y A A A A A A A A 27% -9%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
3 David Aronson Y N Y Y N Y Y N N Y N 100% -64%
3 Harry Bohrs N Y Y N Y Q Q N Q P P 73% 55%
3 Patricia Connors Q Y Y Q Y N N Y Y N Q 73% 55%
3 Mary Dewart Y Y Y N Y Y N Y Y N Y 100% 45%
3 Murray Dewart Y Y Y N Y Y N Y Y N P 100% 36%
3 Dennis Doughty N N Q Y N N Y N Y N N 91% 0%
3 Jane Gilman Y Y Y N Y N N Y Y N Y 100% 64%
3 Heather Hamilton Y Y Y Y Y Y Y Y Y P Y 100% 0%
3 Gary Jones Y Y Y Q Q Y Y N N Y Y 82% -9%
3 Laurence Koff Y N Y A A A A A A A A 27% -9%
3 Donald Leka Y Y Y N Y N N Y Y N Y 100% 64%
3 Kathleen Scanlon N Y Y Q Q N N Y Y N Y 82% 64%
3 Frank Steinfield N Y Y Y N Y N N Y N N 100% 27%
3 Rebecca Stone N N Y Y Y Y N Y Y P Y 100% 18%
3 Jean Stringham Y Y Y N Y Y N N N N Y 100% 45%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
4 Sarah Axelrod N Y Y Y Y N N N Y P N 100% 55%
4 Eric Berke N Y Y Y N Y Y Y Y Y N 100% -27%
4 Sarah Boehs N Y N N Y N N N Y Y Y 100% 64%
4 Alan Christ N Y N N Y Y N N Y P N 100% 36%
4 Ingrid Cooper N Y Y N Y N Y Y Y N N 100% 45%
4 Anne Covert N Y Y Y Y N N N N N Y 100% 64%
4 Frank Farlow N Y Y N Y N N Q Y N Y 91% 91%
4 Martha Farlow N Y Y N Y Y N Y Y N Y 100% 64%
4 Nadine Gerdts A A A N Y N N Q Y Y Q 55% 36%
4 John Mulhane Y Y Y Y N N Y N Y Y N 100% -9%
4 Mariah Nobrega N Y Y Y Y N Y N Y N Y 100% 64%
4 Joseph Robinson Y Q Q Y Y Y Q Y N Q Q 55% -36%
4 Marjorie Siegel Y Y Y Q Q Q Q Y Y N Y 64% 27%
4 Virginia Smith N Y Y A A A A A A A A 27% 27%
4 Robert Volk Y Y Y N Y Y Y N N Y N 100% -9%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
5 Richard Allen N N Y Y N Y Y N Y Y Q 91% -18%
5 Robert Daves N Y Y N N Y Y N Y Y N 100% 9%
5 Dennis DeWitt A A A A A A A A A A A 0% 0%
5 Betsy Gross Y Y Y Y N Y Y Y Y Y Y 100% -27%
5 Michael Gunnuscio Y Y Y Q Q Y N Y Y Y N 82% -9%
5 Angela Hyatt Y N Y Y N Y Y N Y Y Y 100% -27%
5 David Knight Q Q Q A A A A A A A A 0% 0%
5 Hugh Mattison Y Y Y N Y Y N N Y N Y 100% 64%
5 Puja Mehta Q Q Q N Y N Y Q Q Q Q 36% 18%
5 Randolph Meiklejohn N Y Y N Y Y N N Y Y Y 100% 64%
5 Phyllis O’Leary Q Q Q N Y Y N Y N Q Q 55% 0%
5 Andrew Olins Y N Y N Y Y N N N Y Q 91% 0%
5 William Reyelt N Y Y N Y N N Y Y Y N 100% 45%
5 Claire Stampfer Y Y Y A A A A A A A A 27% 9%
5 Lenore von Krusenstiern P Y N Y N Y Y N Y Y Y 100% -18%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
6 Catherine Anderson N Y Y Q Q N Y Y Y N N 82% 27%
6 John Bassett N N N N Y Y N N N Y Y 100% 9%
6 Jocina Becker N Y Y Q Y Y Y N Q Y Y 82% 27%
6 Christopher Dempsey N N Y N Y Y N Y Y Y Y 100% 27%
6 Brian Hochleutner Y N Y Y Y N N N Y N N 100% 27%
6 Sytske Humphrey Y Y Y N N Y Y N Y N Y 100% 27%
6 Virginia LaPlante N Y Y N Y N N N Y N Y 100% 100%
6 Merelice N Y N N Y N N Y Y N Y 100% 64%
6 Clinton Richmond Y Y Y N N N N Q Q Y Y 82% 27%
6 Ian Roffman N Y Y N Y N Y Y Y N P 100% 55%
6 Daniel Saltzman N Y Y Q Y N Y Y Y N N 91% 36%
6 Kim Smith N Y Q N Y N N Y Y N Y 91% 73%
6 Ruthann Sneider N Y N N Y N N Q Y N Y 91% 73%
6 Robert Sperber N N N A A A A A A A A 27% -9%
6 Thomas Vitolo N Y N N Y N N Y Y N Y 100% 64%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
7 Ellen Ball Y Y Y Q Q Y N Y Y Y N 82% -9%
7 Susan Cohen Y Y Y Y N Y Y N N N N 100% -27%
7 Keith Duclos Y Q Q N Y N Q Y Y N Y 73% 36%
7 Susan Ellis N Y Y N Y N N Y Y N Y 100% 82%
7 Ernest Frey N Y Y Y Y N Y N N N N 100% 27%
7 Phyllis Giller Y Y Y Q Q Y Y N N N N 82% -9%
7 Susan Granoff N Y Y Y Y Y Y N Y Y N 100% 9%
7 Mark Gray Y Y Y Y Y Y Y N Y N Y 100% 27%
7 Kelly Hardebeck Y N N Y Y Y Y Q Q Q Q 64% -45%
7 Jonathan Lewis Y Y Y A A A A A A A A 27% 9%
7 Jonathan Margolis A A A A A A A A A A A 0% 0%
7 Christopher Oates N Y Y Y N Y Y N Y N Y 100% 27%
7 Stacey Provost P P P P Q Y Y P P Y Y 91% -18%
7 Rita Shon-Baker Y Y Y Y N Y Y Y N Y Y 100% -45%
7 James Slayton Y Y Y N Y Y N N Y Y Q 91% 36%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
8 (vacancy) (vacancy) A A A A A A A A A A A 0% 0%
8 Lauren Bernard N Y Y Y P Y Y Y Y N Y 100% 18%
8 Craig Bolon N Y Y N Y N N N Y N Y 100% 100%
8 Abigail Cox N Y Y Y Y Q N Y Y P Y 91% 45%
8 Gina Crandell Q Q Q A A A A A A A A 0% 0%
8 Franklin Friedman Y N Y N Y Y N Y Y Y Q 91% 0%
8 David-Marc Goldstein P P Y Y N Y Y N N N Y 100% -9%
8 John Harris N Y Y Y Y Y Y P Y N Y 100% 36%
8 Anita Johnson N Q Y Y N Y Y P Y Y Y 91% -9%
8 Edward Loechler Y Y Y N Y N N N Y Y Y 100% 64%
8 Robert Miller Y Y Y N Y Y N Y Y P Q 91% 27%
8 Barbara Scotto N Y Y A A A A A A A A 27% 27%
8 Lisamarie Sears A A A Q Q N N N N Q Q 36% 18%
8 Sara Stock A A A A A A A A A A A 0% 0%
8 Maura Toomey Y Y Y N Y Y N Y Y Y Q 91% 18%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
9 Liza Brooks Y Q Q Y Y Y Y Y Y Y Q 73% -36%
9 Joseph Geller N N Y Q Q Y N N Q P Q 64% 18%
9 Paul Harris P Y N N Y Y N N Y P Y 100% 45%
9 Nathaniel Hinchey P Y Y N Y Y N N N Q Q 82% 36%
9 Barr Jozwicki A A A Y Y Y Y N N Y Y 73% -18%
9 Joyce Jozwicki Q Y Y Y Y Y Y Y Y Y Y 91% 0%
9 Pamela Katz Y Y Y N Y Y N Y Y Y Q 91% 18%
9 Julius Levine A A A A A A A A A A A 0% 0%
9 Stanley Rabinovitz A A A A A A A A A A A 0% 0%
9 Harriet Rosenstein Y Y Y N Y Y Y Y Q Q Q 73% 0%
9 Martin Rosenthal N Y Y N Y N N N N N Y 100% 82%
9 Charles Swartz N Y Y Y N N Y N N N N 100% 9%
9 Dwaign Tyndal A A A Q Q Y Q Q Q Q Q 9% -9%
9 Judith Vanderkay Y Y N N Y Y N N N Y Q 91% 0%
9 George White Y Y N Q Y Y Q Y Y Y Y 82% -9%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
10 Clifford Ananian N Y N N Y N N N Y Y N 100% 45%
10 Carol Caro N Y Y Y N N Y Y Y N Y 100% 27%
10 Francis Caro N Y N Y N N Y N Y N Y 100% 27%
10 Sumner Chertok A A A A A A A A A A A 0% 0%
10 Jonathan Davis N Y Y Y N Y Y N N Y Y 100% -9%
10 Linda Davis A A A Q Q Y Y N N Y Y 55% -18%
10 Holly Deak Y Y Y N Y Y N Y Y Y Q 91% 18%
10 Stephan Gaehde Y Y Y N Y N N Y Y Y Y 100% 45%
10 Daniel La Y Y Y N Y Y N Y Y Y Q 91% 18%
10 Paul Lipson Y P Y Y Y Y N Y Y Y N 100% -18%
10 Sharon Sandalow A A A A A A A A A A A 0% 0%
10 Theodore Scholnick Y N Y Y Y Y N N P Y N 100% -18%
10 Stanley Shuman Q Q Q N Q Q Y Q N N Y 45% 9%
10 Alexandra Spingarn Q Q Q Y N Y Y N Y Y Q 64% -27%
10 Naomi Sweitzer Y Y Q N Y N N Y Y Y Y 91% 36%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
11 Carrie Benedon Y Y Y N Q Y N Y Y Y N 91% 0%
11 Joseph Ditkoff N Y Y N Y N N Y Y N N 100% 64%
11 Shira Fischer Y Y Y Y Y N N N Y N Y 100% 64%
11 Shanna Giora-Gorfajn N Y Y Y Y N N N Y N Y 100% 82%
11 Jennifer Goldsmith N Y Y Y Y Y N Q Q Q Q 64% 27%
11 Martha Gray N Y Q N Y N N Y Y N Y 91% 73%
11 Bobbie Knable N N P Y Y N Y N Y N N 100% 18%
11 David Lescohier Y Y Y N Y Y N Y Y Y Y 100% 27%
11 Kenneth Lewis Y N N Y N Y Y Y Y Y Y 100% -64%
11 David Lowe N Y Y N Y N N Y Y N Y 100% 82%
11 Rebecca Mautner Q Y Y Q Y N N N Y Y Y 82% 64%
11 Maryellen Moran Q Q Q A A A A A A A A 0% 0%
11 Carol Oldham Y Y Y N Y N N N Y N Y 100% 82%
11 Brian Sheehan N Y Y Y N N Y Y Y N N 100% 9%
11 Karen Wenc N N N Y N Y Y Y N N Y 100% -45%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
12 Michael Burstein Y Y Y N Y Y N N Y Y Y 100% 45%
12 Bruce Cohen Y P N A A A A A A A A 27% -18%
12 Lee Cooke-Childs N Y Y N Y N N N Y N Y 100% 100%
12 Chad Ellis Y N N N N Y Y N N Y Y 100% -45%
12 Harry Friedman Y N N N N Y Y N N Y Y 100% -45%
12 Jonathan Grand Y Y Y Y N Y Y N N Y Y 100% -27%
12 Stefanie Greenfield Y N N N Y N N Q Q Q Q 64% 9%
12 Casey Hatchett Q Q Y Q Q N Y N N Q Q 45% 9%
12 Amy Hummel P N N N N Y Y N N P Y 100% -27%
12 Jonathan Karon Y Y Y N Y Y Y N Y Y Y 100% 27%
12 David Klafter N Y N Q Q N N Y Y N Y 82% 45%
12 Mark Lowenstein N Y Y N Y Y N N Y Y N 100% 45%
12 Judy Meyers N N N N Y Y N N N P Y 100% 18%
12 William Slotnick N N N N Y N N N Y Y Y 100% 45%
12 Donald Weitzman N Y Y N Y N N N N Y Y 100% 64%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
13 Joanna Baker N Y Y N Y N N Y Y N Y 100% 82%
13 Carla Benka Y N N N N Y Y N N N Y 100% -27%
13 Roger Blood A A A A A A A A A A A 0% 0%
13 Chris Chanyasulkit Y Y Y N Y N N N N N Y 100% 64%
13 John Doggett Y N Y N N Y Y N N Y N 100% -45%
13 Jonathan Fine Y N Y Y N Y Y N N P Y 100% -36%
13 Andrew Fischer N Y N N Y N N Y Y N Y 100% 64%
13 John Freeman Y N Q P Y Y Y N Y N Y 91% 9%
13 Francis Hoy A A A A A A A A A A A 0% 0%
13 Ruth Kaplan A A A A A A A A A A A 0% 0%
13 Werner Lohe Y Y Y N Y N N Y Y P Y 100% 55%
13 Paul Saner Y N N Q Q Q Q Y Y Y Y 64% -27%
13 Lee Selwyn Y N N Y N Y Y N N N Y 100% -45%
13 Barbara Senecal Y Q Q Y N Y Y N N Q Q 64% -45%
13 John VanScoyoc Y Y Y Q Q Y Y N N Y N 82% -27%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
14 Robert Basile Y N Y Y N Y Y Q Q Q Q 64% -45%
14 Clifford Brown Y N Q Y P Y Y Q Q Q Q 55% -45%
14 Gill Fishman Q Q Q Y N Y Y Q Q Q Q 36% -36%
14 Paula Friedman Y N N Y N Y Y N N N Y 100% -45%
14 Kenneth Goldstein N P P N Y Y Y N N Y N 100% -9%
14 Jeffrey Kushner Y N N N N Y Q N Y Y Y 91% -18%
14 Fred Levitan A A A Y N Y Y N N Q Q 55% -36%
14 Roger Lipson Y Y Y N Y Y Q N N Y Y 91% 18%
14 Pamela Lodish N N N Y N Y Y Y Y N Y 100% -27%
14 Shaari Mittel Y N Y Y N Y Y N N Y Y 100% -45%
14 Kathleen O’Connell Y Y Y N Y Y N N Y Y Q 91% 36%
14 Benjamin Rich A A A A A A A A A A A 0% 0%
14 Lynda Roseman N P Y Y N Y Y N Y Y Y 100% 0%
14 Sharon Schoffmann Y Y Y N N Y Y Y Y Y Y 100% -9%
14 Jennifer Segel Y Y N Y Y Y N N Y Y Y 100% 9%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
15 Mariela Ames A A A Q N Q Q Q Q Q Q 9% -9%
15 Eileen Berger Y Q Q N Y Y N N N Q Q 64% 9%
15 Michael Berger A A A A A A A A A A A 0% 0%
15 Abby Coffin A A A A A A A A A A A 0% 0%
15 Jane Flanagan A A A Q Q Y Y Y Y Y Y 55% -18%
15 John Hall A A A A A A A A A A A 0% 0%
15 Benedicte Hallowell Q Q Q N N N Y Y Y Q Q 55% 0%
15 Janice Kahn Y Y Y Y N Q Y N N N Y 91% 0%
15 Ira Krepchin Y Y Y Y N Y Y N N N N 100% -27%
15 Robert Liao Y Y Y Y N Y Y N Y Y Y 100% -9%
15 Richard Nangle A A A Q Q Y Q Y Y Y Y 45% -9%
15 David Pearlman Y N Y N Y N Y N N N N 100% 9%
15 James Rourke A A A A A A A A A A A 0% 0%
15 Ab Sadeghi-Nejad Q Q Q Y Y Q N Q Q Q Q 27% 9%
15 Cornelia van der Ziel N Y N N Y N N N N N Y 100% 64%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
16 Saralynn Allaire Y N Y N Y Y N N Y N Y 100% 45%
16 Robert Allen N N Y Y N Y Y N Y Y Q 91% -18%
16 Beverly Basile Y N Y N Y Y Y N N P Q 91% -9%
16 John Basile Y N Q Y N Y Y Q Q Q Q 55% -55%
16 Stephen Chiumenti P P Y Y P Y Y N Y Y Y 100% 0%
16 Regina Frawley N Y Y Y N Y Y Q Q N Y 82% 9%
16 Thomas Gallitano N Y Y A A A A A A A A 27% 27%
16 Scott Gladstone N Y N Y P N Y N Y Y Y 100% 18%
16 Alisa Jonas N P N Q Q Q Q Q Q N N 45% 0%
16 Judith Leichtner P Y Y Y Y Y Y N P N Y 100% 27%
16 William Pu Y N N Y Q Y Y Y Y N Y 91% -36%
16 Joshua Safer Y Y Y N Y Y N N Y N N 100% 45%
16 Irene Scharf Y Y Y Q Q Q Q Q Q N Y 45% 27%
16 Arthur Sneider N Y Y Q Q Y N Q Q Q Q 45% 27%
16 Joyce Stavis-Zak Y Y Y N Y Y Y N Y N N 100% 27%
                               
Electronic recorded votes Y for “yes,” N for “no” A absent    
2015 annual town meeting P for “present” or “abstain” Q not voting Index Index
Pct. Given name Family name 1 2 3 4 5 6 7 8 9 10 11 Voting Concur
  Vote Result N Y Y N Y N N N Y N Y    
AL Nancy Daly N N Y N Y Y N N Y Y Y 100% 45%
AL Benjamin Franco N Y Y N Y Y N N Y N Y 100% 82%
AL Edward Gadsby P P P P P P P P P P P 100% 0%
AL Bernard Greene N Y Y P P N Y N Y N Y 100% 64%
AL Nancy Heller N Y Y N Y N N Y Y N Y 100% 82%
AL Frank Smizik Q Y Y Q Q Y N N Y Y N 73% 18%
AL Patrick Ward P P P P P P P P P P P 100% 0%
AL Neil Wishinsky Y Y Y Y Y Y Y N Y Y Y 100% 9%

Conflicts of interest: state treasurer and transportation board member

Conflicts of interest abound in government: duties to represent citizens, as opposed to private interests. Few political officeholders are immune. Locally and recently, we have seen Brookline residents involved.

Deborah Goldberg, a former chair of the Brookline Board of Selectmen who is now the Massachusetts state treasurer, recently disclosed a potential conflict involving her husband, Michael Winter, a J.P. Morgan executive. His firm was awarded contracts to market $100 million in state bonds. Mr. Winter, however, does not work in the company division responsible for government bond marketing.

In a local context, Christopher Dempsey of 43 Brington Rd., a Transportation Board member, has an apparent personal interest in a proposal submitted to his board by the Bicycle Advisory Committee, on which his father, John P. Dempsey of 43 Brington Rd., now serves. At an evening meeting on Monday, July 1, the elder Mr. Dempsey argued and voted in favor of a proposal to remove all parking from the east side of Babcock St., from Fire Station No. 5 at 49 Babcock St. to the town line at 1010 Commonwealth Ave., in order to install a lane marked exclusively for bicycle use.

That part of Babcock St. now has a total of 66 available parking spaces along a street with many apartment buildings that have no parking. The Bicycle Advisory Committee proposal is scheduled to be reviewed by the Transportation Board at a June 18 meeting. On Monday, June 8, town meeting members from Precinct 8 agreed with Andrew Pappastergion, the public works commissioner, that work on Babcock St. would be deferred until 2016, avoiding near-term confrontations on the issue.

– Craig Bolon, Brookline, MA, June 10, 2015


Matt Stout, Treasurer hubby’s firm got $100M in bonds, Boston Herald, June 10, 2015

Brookline Transportation Board, Agenda for June 18, 2015, See item 7

2015 annual town meeting: budgets, bylaws and resolutions

Unlike last year, Brookline’s 2015 annual town meeting rolled along at a brisk pace and needed only two sessions–Tuesday, May 26, and Thursday, May 28–both starting at 7 pm in the High School auditorium. The generally progressive tones of Brookline civic engagement remained clear, and some of the musical theatre of years past returned for an encore. This is the one-hundredth year for Brookline’s elected town meeting.

Budgets: Disputes over budgets that roiled the winter workups to town meeting had evaporated after voter approval of a major tax override at the Tuesday, May 5, town election. Edward “Sandy” Gadsby, the moderator of town meeting, mentioned “controversy” over a three-word amendment to one special appropriation. The Advisory Committee proposed two changes to the “override” financial plan as proposed by Mel Kleckner, the town administrator.

In the traditional presentation of an annual budget, Sean Lynn-Jones, newly elected as chair of the Advisory Committee last winter, called 2015 “an interesting year.” He noted that new revenues were going to be involved in maintaining a stable budget, singling out parking meter and refuse fees. Mr. Lynn-Jones said he expects “fiscal challenges…another general override in three to five years…possibly a ninth elementary school…high school [expansion] at over $100 million, not $35 million,” as most recently estimated.

In the traditional response from the Board of Selectmen, Neil Wishinshy, recently elected as the new chair, said strongly contested elections, like those this year, “make our town and democracy stronger.” He spoke of new efficiencies contributing to a stable budget, singling out trash metering, which has been mentioned at official meetings but so far not detailed. Mr. Wishinsky called on town meeting members to “put aside narrow self-interest,” saying, “We live in the real world.”

Staff for preservation planning will increase from 1.8 to 2.0 full-time-equivalent positions, a budget hike of $14,119. It is expected to provide a full-time position for preservationist Greer Hardwicke. The Public Works budget for pavement markings got $2,673 more, to cope with after-effects from a harsh winter. Those had been wrapped into Advisory Committee motions. A $264 million spending plan sailed through, mostly on voice votes.

A three-word amendment to a $100,000 special appropriation had been proposed by Craig Bolon, a Precinct 8 town meeting member who edits the Brookline Beacon. Offered on behalf of Brookline PAX, it asked that a study of Coolidge Corner parking be done “with neighborhood input.” Town meeting agreed in a unanimous voice vote.

Instead of parochial concerns with Public Works, this year’s town meeting focused more on the Police budget. Lynda Roseman, a Precinct 14 town meeting member, asked about progress coping with mental health issues. Daniel O’Leary, the police chief, compared last year–when three members of the force were involved–to this year, when two grant-funded programs are underway. By the end of the year, he said, about a quarter of the force will have completed 40 hours of training.

A large municipal solar-power array, in effect a budget item, was approved out-of-line under Articles 15 and 16. Brookline is contracting with Blue Wave Capital, a company endorsed by the Metropolitan Area Planning Council, which is to build and operate it, using part of the former landfill site near the waste transfer station off Newton St. Rated capacity is to be 1.4 MW, peak. Expected income is about $0.08 million per year.

Bylaw, Living Wage: Under Article 10, the Recreation Department proposed to gut much of the Living Wage bylaw enacted several years ago, by exempting from coverage several employee groups and by eliminating the Brookline minimum wage: a one-dollar premium over the state minimum. Patricia Connors, a Precinct 3 town meeting member who was the chief sponsor of the bylaw, had resisted the effort strongly.

Scott Gladstone, a Precinct 16 town meeting member, was entirely opposed to Article 10. “The bylaw is already a compromise,” he claimed. “Junior lifeguards,” whom it would remove from coverage, “are lifeguards…with the same Red Cross certifications as anybody else…What we’re trying to teach here…is work values…Should we teach them that they should not be demanding a living wage?”

Ms. Connors was supported by Brookline PAX. Co-chair Frank Farlow, a Precinct 4 town meeting member, stated, “PAX supports working people and fair wages.” Board member Andrew Fischer, a Precinct 13 town meeting member, called Article 10 “an assault on working people,” saying, “I wonder how many [town-funded] cars it would take to cover the wages of students with first-time jobs.”

Robert L. “Bobby” Allen, Jr., a Precinct 16 town meeting member and former member of the Board of Selectmen, tried to deflect those arguments. saying that when the now-disbanded Living Wage Committee proposed the bylaw, “We were way out front.” He favored some compromises being sponsored by the Advisory Committee. Pamela Lodish, a Precinct 14 town meeting member who lost this year when running for the Board of Selectmen, agreed with Mr. Allen. “If we pass the [Connors] amendment,” she said, “we’ll be hiring college students instead of high-school students.”

Ms. Connors was proposing to maintain the current bylaw’s definitions of seasonal and temporary employment. It was not certain whether Mr. Allen or Ms. Lodish understood, but Merelice, a Precinct 6 town meeting member, clearly did. The current bylaw’s approach is not supported by the HR module of Munis, recently adopted for maintaining employment records by the Human Resources (HR) office. According to Merelice, the attitude of HR is “an example of being concerned about the dirt when we hold the broom.” She contended, “We can certainly find the technology.”

Town meeting members sided strongly with Ms. Connors, Merelice and Brookline PAX. In an electronically recorded vote, the Connors amendment passed 141 to 48, with 10 abstentions. The amended main motion on Article 10 passed 144 to 42, with 5 abstentions. Although the Brookline minimum wage premium is maintained, so-called “junior” employees in the Recreation Department will no longer be covered by the Living Wage, reverting to the Brookline minimum wage–currently $10.00 versus $13.19 per hour. Recreation claims to be able to support more positions.

Bylaw, snow clearance from sidewalks: Town meeting grappled with the latest edition of a snow-clearance bylaw under Article 12. For about 30 years a bylaw initially proposed by Stanley Spiegel, a Precinct 2 town meeting member, has required property owners to clear adjacent sidewalks of snow. However, until a push last year from Frank Caro, a Precinct 10 town meeting member who filed a resolution article, and from the Age-Friendly Cities Committee, enforcement proved erratic.

During the 1970s and before, Brookline plowed most of the sidewalks, but after budget trims in the aftermath of Proposition 2-1/2 it cut back to only a few, including ones near schools. Article 12 was proposed by a Sidewalk Snow Removal Task Force, appointed in the summer of 2014 by the Board of Selectmen to strengthen the town’s law and its enforcement. The group–including staff from Public Works, Health, Building and Police–acknowledged that a complaint-driven approach had worked poorly.

Last winter, the four departments contributing to the task force divided Brookline’s streets into four sectors and began proactive enforcement during weekdays, with Police assuming most duties at other times. Despite the unusually harsh winter, enforcement generally improved, as described to town meeting by Nancy Daly, speaking for the Board of Selectmen. However, Martin Rosenthal, a Precinct 9 town meeting member, pointed out the lack of coordination in the current form of enforcement.

In its town-meeting article, the task force proposed to discontinue automatic warnings for first violations at residential properties, to raise fines and to institute a $250 fine for placing snow into a street–forbidden by Brookline’s general bylaws since the nineteenth century.

Compromises made as outcomes of several reviews had gutted most of the original proposal, leaving relatively weak enforcement, modest fines and no administrative appeals. Tommy Vitolo, a Precinct 6 town meeting member, offered two amendments intended to address some compromises. One would have limited a period of enforcement delay, at discretion of the public works commissioner, to no more than 30 hours after the end of a snowfall.

Amy Hummel of Precinct 12, speaking for the Advisory Committee, objected to an arbitrary time limit for the commissioner’s discretion. During the Blizzard of 1978, many streets remained impassible for several days, because Brookline then lacked much equipment capable of clearing them. That amendment was rejected through an electronically recorded vote, 78 to 108, with 6 abstentions.

Dr. Vitolo’s other amendment sought to restore the schedule of fines that the task force had proposed. Those called for a $50 fine on a first violation at a residential property, rather than an automatic warning, and a $100 fine for subsequent violations.

Dennis Doughty, a Precinct 3 town meeting member who served on the task force, supported the amendment on fines. He compared hazards of sidewalk snow with other hazards now sanctioned by $50 fines and no warnings, including putting refuse out for collection earlier than 4 pm the previous day. Town meeting members approved the amendment on fines through an electronically recorded vote, 135 to 52, with 5 abstentions.

Unfortunately, Dr. Vitolo’s amendment on fines for failure to clear sidewalk snow seems to leave the Brookline bylaws inconsistent. According to the main motion before town meeting, proposed by the Advisory committee on p. 5 of its supplemental report section and amended per Dr. Vitolo, the snow clearance bylaw was changed by town meeting to read, in part:

“The violation of any part of Section 7.7.3 [that is, the requirement to clear sidewalk snow at residential properties]…shall be noted with a $50 fine for the first violation and subject to a fine of $100.00 for the second and subsequent violations….”

However, according to the main motion, revised penalties are stated again in Article 10.3 of the bylaws, Table of Specific Penalties. What Dr. Vitolo’s amendment did was to revise penalties stated in the bylaw on snow clearance but not those stated in the Table of Specific Penalties. There will likely be no more snow before a fall town meeting, which might make the Brookline bylaws consistent.

Bylaws, tap water and bottled water: Articles 13 and 14, the two “water articles,” had been filed by Jane Gilman, a Precinct 3 town meeting member, Clinton Richmond, a Precinct 6 town meeting member, and several other petitioners. Both were “watered down” during reviews before the town meeting, yet significant parts of each survived and won approval.

Ms. Gilman and Mr. Richmond are co-chairs of the “green caucus” in town meeting, which counts over fifty town meeting members as participants and has been effective at marshaling votes for some recent, environmentally oriented initiatives. Brookline PAX, with a somewhat overlapping base of support, was recommending voting for motions offered by the Board of Selectmen in favor of parts of the two articles.

Article 13 sought a bylaw requiring Brookline restaurants to offer tap water. They already do, said Sytske Humphrey of Precinct 6, speaking for the Advisory Committee. She called the proposed bylaw “unnecessary and ineffective.” However, the petitioners had found some sinners. An Indian restaurant in Washington Square did not offer tap water on its take-out menu, and one pizza place did not seem to offer it at all.

Differing from the Advisory position, the Board of Selectmen saw little objection to such a law but added a phrase, “upon request,” and removed a sentence: “Establishments may charge for this service item.” That might give an impression, they wrote, that charging for water “was a requirement.”

Diana Spiegel, a Precinct 2 town meeting member, said the topic could be handled by conditions on restaurant licenses and moved to refer the article to the Board of Selectmen. In an electronically recorded vote, the referral motion failed 78 to 103, with 5 abstentions. The motion for a bylaw drafted by the Board of Selectmen passed 124 to 56, with 7 abstentions.

Article 14, seeking to ban sale and distribution of bottled water at town events and on town property, encountered stiffer headwinds at reviews before town meeting and quickly lost altitude. According to Mr. Richmond, the purpose was not banning water but banning the plastic bottles usually supplied. Hundreds of billions a year are sold. While they might be recycled, at least in part, they are mostly thrown away.

By town meeting, motions under the article had been trimmed back to a proposed ban on spending town funds to buy water in plastic bottles of one liter or less for use in offices. The Board of Selectmen proposed to refer the rest of the article to a study committee, to be appointed by the board. The Advisory Committee stuck with its original approach, recommending no action.

John Harris, a Precinct 8 town meeting member and a past participant in the “green caucus,” was not in line this time. The bylaw favored by the Board of Selectmen would have negligible impact, he claimed, and if widely emulated elsewhere, then companies selling bottled water would easily subvert it. Speaking for the Board of Selectmen, Nancy Daly disagreed, saying the debates over Article 14 had “succeeded at least in educating me.”

The Advisory Committee remained unmoved. Robert Liao of Precinct 15 recommended voting for the Harris motion to refer, consistent with the Advisory position. There will be “adverse unintended consequences” from a bylaw, he claimed, saying, “Reusable bottles require planning and changes in behavior.”

Robert Miller, a Precinct 8 town meeting member, asked whether the town was spending money on either bottled water or bottled soda. The answers were yes as to both, according to Mel Kleckner, the town administrator. Echoing a topic heard often during reviews, Jonathan Davis, a Precinct 10 town meeting member, asked whether vending machines on town property would be affected. Mr. Richmond conceded they would not be, since “the machines are put out to bid” and do not involve spending town funds.

Mr. Gadsby, the moderator, took a motion for the question–that is, a motion to terminate debate. Not enough town meeting members were ready to do that. On an electronically recorded vote the motion failed 129 to 71, with 2 abstentions. Such a motion takes a two-thirds margin but got only 65 percent.

Susan Helms Daley of Chatham Circle and her son Jackson, a fourth-grader at Lawrence School, told town meeting members about an alternative that is catching on. For the past few years, the school has had a “green team” and tried “to discourage use of bottled water.” Ms. Daley asserted, “Bottled water is the same as cigarettes.” Jackson Daley said after the school installed “water bottle refill stations”–a PTO project–”more people brought water bottles” to school. So far, he said, “We have saved 10,129 plastic bottles. How cool is that?”

After hearing similar opinions from a junior at Brookline High School, Mr. Gadsby again accepted a motion for the question. He declared it had passed, on a show of hands. The motion from Mr. Harris to refer all of Article 14 failed on an electronically recorded vote, 97 to 102, with 2 abstentions. The motion from the Board of Selectmen for a bylaw banning some uses of town funds passed by a substantial majority, on a show of hands.

Resolution, recreation land: Article 18 proposed a resolution seeking a study of acquiring land in the Putterham neighborhoods of south Brookline for park and recreation uses–specifically, so-called “buffer” areas of Hancock Village near Beverly and Russett Rds. Regina Frawley, a Precinct 16 town meeting member, and Hugh Mattison, a Precinct 5 town meeting member, prepared the article. Although not an abutter to Hancock Village, Ms. Frawley has lived nearby since 1968.

While it is possible that the current landowner, Chestnut Hill Realty, might agree to sell the land, a series of development plans, currently tapping powers under Chapter 40B of the General Laws, have left the company at loggerheads with the Board of Selectmen. A purchase-and-sale agreement now looks unlikely, so that Ms. Frawley suggested the land would probably have to be taken by eminent domain.

In the Putterham neighborhoods, Ms. Frawley showed, there is little public open space. She described the current open spaces and showed that the Hancock Village buffers look to be the largest undeveloped areas likely to be suitable. The only sizable public spaces now are around Baker School. They are laid out for specialized uses and are unavailable to the public during school days. For over 70 years, neighborhood residents have often used the buffer areas for recreation instead, as tolerated by a succession of landowners.

Moderator Gadsby immediately took comments from Rebecca Plaut Mautner, a Precinct 11 town meeting member, ahead of normal order and before hearing from the Advisory Committee and town boards. He did not explain the unusual conduct. Ms. Mautner operates RPM Consulting, according to the Web site of Citizens’ Housing and Planning Association in Boston–providing “affordable housing development services” in New England.

Ms. Mautner delivered a broadside against Article 18, saying it “will be perceived by the outside world as an effort to undermine creation of affordable housing…a message that Brookline will stop at nothing to prevent affordable housing.” That did not seem to resonate well, broached in the first town in Massachusetts to build public housing, where inclusionary zoning has been active for over 20 years.

Lee Selwyn of Precinct 13, speaking for the Advisory Committee, recalled that the proposed “Hancock Village project did not start out as 40B…there was no affordable housing in the original plan.” The owner, he said, is “using 40B as a means to pressure the town.” He said Article 18 proposed “a reasonable public use” of land, and he noted that a parcel adjacent to Hancock Village had been “taken by the state by eminent domain to prevent an inappropriate development.” The Hancock Woods area was taken as conservation land about 20 years ago.

Janice Kahn of Precinct 15, also an Advisory Committee member, supported the study. She said it could teach the town about using eminent domain. There has been no substantial taking since the Hall’s Pond and Amory Woods conservation projects in the 1970s. Given the ongoing disputes with Chestnut Hill Realty, the Board of Selectmen had declined to take a position on Article 18. Members had said they would abstain from voting on it.

Mr. Mattison of Precinct 5, a suppporter, said the buffer “space has served as informal recreation space.” Some 1940s correspondence with the town, he said, describes “how the commitment would be binding” to maintain it as open space. However, that was not part of an agreement presented to a 1946 town meeting, when the bulk of Hancock Village was rezoned to allow apartments.

Lauren Bernard, a Precinct 8 town meeting member, asked whether a “prescriptive easement” would be possible, given the long history of public use, and whether that would be “mutually exclusive with eminent domain.” Joslin Murphy, the town counsel, said easement issues were “not considered yet,” but easement and eminent domain would probably “be mutually exclusive.”

Even though the hour was getting late, at 10:30 pm, town meeting was willing to hear more arguments. A motion for the question failed on an electronically recorded vote, 88 to 78, with 17 abstentions. Julie Jette of Payson Rd. spoke. She said she had been “very surprised” when moving there “that really the only fully accessible playground is in West Roxbury.”

Crossing the rotary and the VFW Parkway with young children seemed too dangerous, Ms. Jette said, and she had never tried. However, she said, “yards are not a substitute for social and community opportunities. It’s time to create a true neighborhood park in south Brookline…Time is of the essence, given Chestnut Hill Realty development plans.” After a few other comments, town meeting approved Article 18 on a show of hands, looking like a ten-to-one majority at least.

Resolution, Boston Olympics: Article 19 proposed a resolution, objecting to plans for holding the Olympic Games in Boston during 2024. The plans never gained traction in Brookline, where many people see heavy costs and slender benefits. The Board of Selectmen had nevertheless postponed making a recommendation, reaching out to the pressure group pushing for the Olympics, but no one from that group responded.

At the town meeting, Martin Rosenthal, a Precinct 9 town meeting member, led off–speaking for Brookline PAX, of which he is co-chair. Unlike his fellow co-chair, Frank Farlow of Precinct 4, Mr. Rosenthal said he is a sports fan and “was excited at first.” However, he had realized “there might be some issues here…it was more for the benefit of non-Brookline people.” PAX opposes plans for 2024 Olympic Games in Boston.

Christopher Dempsey, a Precinct 6 town meeting member, was giving no quarter. He has co-founded a volunteer group, No Boston Olympics, and was on the warpath, armed with PowerPoint slides. The pressure group behind the Olympics plans, he said, is aiming to raid public funds. A long article published the previous day in the Boston Business Journal revealed much of that story to the public.

According to Business Journal staff, previously secret sections of the Olympics “bid book” said public money would be sought to “fund land acquisition and infrastructure costs.” The plans were also “relying on an expanded Boston Convention and Exhibition Center”–a deluxe Patrick administration venture that the Baker administration has canned.

Mr. Dempsey was having a field day, saying, “Boston 2024 is not going to fix the T…In London and Vancouver the Olympics Village financing was from public funds…Olympics budgets are guaranteed by taxpayers…The more you learn about 2024 Olympics, the less you like it.” Ben Franco spoke for the Board of Selectmen, simply stating that the board “urges favorable action” on Article 19.

Speaking for the Advisory Committee, Amy Hummel of Precinct 12 said that “the money and resources spent would benefit the Olympics shadow.” The current plans have “no real public accountability,” she contended, and “Brookline will be heavily impacted…The biggest concern [of the Advisory Committee] is the taxpayer guarantee…Lack of public process is unacceptable.”

Olympics boosters did have some friends. Charles “Chuck” Swartz, a Precinct 9 town meeting member, advised caution, saying, “Who knows what will happen in Boston? We don’t have to make this decision now.” Susan Granoff of Precinct 7, attending her first town meeting, said, “Let’s give Boston 2024 more time.” The Olympics, she contended, “would create thousands of jobs and bring billions of dollars…It’s private money being donated.”

Most town meeting members were not convinced by such claims. They approved the resolution in an electronically recorded vote, 111 to 46, with 7 abstentions. Katherine Seelye’s story in the New York Times on Saturday, May 30, may have deep-sixed the Olympics plans. She included the Business Journal disclosures and cited the Brookline town-meeting resolution.

Other actions: Under Article 9, town meeting voted no action on a proposal to make holders of state and federal offices living in Brookline automatic town meeting members. After encountering opposition, Ernest Frey, a Precinct 7 town meeting member, offered a “no action” motion on the article that he and other petitioners had submitted.

Article 17 proposed a resolution seeking changes to Sections 20-23 of Chapter 40B, the Comprehensive Permit Act of 1969 that was encouraged by the late Cardinal Cushing. Nancy Heller, the principal petitioner, now a member of the Board of Selectmen, had not seemed to recognize the complexity of the issues and soon agreed to refer the article to the Planning Board and Housing Advisory Board. That was the course taken by town meeting.

Under Article 11, town meeting voted to create a Crowninshield local historic district, on petition from the owners of about 85 percent of the houses on Crowninshield Rd., Adams St., Elba St. and Copley St. Speaking in favor were David King, chair of the Preservation Commission, Robert Miller, a Precinct 8 town meeting member, George White, a Precinct 9 town meeting member, John Sherman and Katherine Poverman, both residents of Adams St., Angela Hyatt of Precinct 5 for the Advisory Committee and Nancy Daly for the Board of Selectmen.

Dr. White recalled that the neighborhood had been home to well-known writers and artists. He mentioned novelist and short-story writer Edith Pearlman, an Elba St. resident for many years, and after a little prompting the novelist Saul Bellow, winner of a Nobel Prize in literature, who lived on Crowninshield Rd. in his later years. Only Clifford Ananian, a Precinct 10 town meeting member, took exception. He said preserving “single-family homes is a waste of a valuable resource,” although he lives in one of those homes. Despite the objection, the town meeting vote to create the district proved unanimous.

– Beacon staff, Brookline, MA, May 30, 2015


Katherine Q. Seelye, Details uncovered in Boston’s 2024 Olympic bid may put it in jeopardy, New York Times, May 30, 2015

BBJ staff, Boston 2024 report highlights need for public funding, expanded BCEC, Boston Business Journal, May 28, 2015

Matt Stout, Gov. Baker puts brakes on $1 billion convention center plan, Boston Herald, April 29, 2015

Warrant report with supplements, May 26, 2015, town meeting, Town of Brookline, MA

Age-Friendly Cities: health fair, outreach, snow and parks, Brookline Beacon, May 25, 2015

Board of Selectmen: police awards, paying for snow, Brookline Beacon, May 20, 2015

Board of Selectmen: new members and leadership, Brookline Beacon, May 13, 2015

Craig Bolon, How we voted, costs of business, Brookline Beacon, May 10, 2015

Craig Bolon, Field of dreams: a Coolidge Corner parking garage, Brookline Beacon, May 4, 2015

Board of Selectmen: landmarks, permits and town meeting controversy, Brookline Beacon, April 22, 2015

Board of Selectmen: farmers’ market, promotions, golf and town meeting, Brookline Beacon, April 29, 2015

Advisory Committee: budgets, bylaws and lectures, Brookline Beacon, April 14, 2015

Advisory subcommittee on human services: tap water and bottled water, Brookline Beacon, April 12, 2015

Advisory Committee: new park land for Putterham neighborhoods, Brookline Beacon, April 10, 2015

Advisory subcommittee on planning and regulation: new historic district, Brookline Beacon, March 31, 2015

Craig Bolon, Advisory Committee: in a generous mood, Brookline Beacon, March 19, 2015

Board of Selectmen: Hancock Village, budget reviews, Brookline Beacon, March 4, 2015

Solid Waste Advisory Committee: recycling and trash metering, Brookline Beacon, September 3, 2014

2014 annual town meeting recap: fine points, Brookline Beacon, June 7, 2014

Craig Bolon, Recycling makes more progress without trash metering, Brookline Beacon, April 11, 2014

Board of Selectmen: police awards, paying for snow

A regular meeting of the Board of Selectmen on Tuesday, May 19, started at 6:40 pm in the sixth-floor meeting room at Town Hall. Members of the police force came with families and friends for the annual presentation of awards. The board approved plans to cover large budget overruns for snow clearance from last winter.

Several board members had visited Public Works exhibits earlier in the day, at what has become the department’s annual “open house” mounted at the Municipal Service Center, 870 Hammond St. Among the more popular items was a giant “snow eater” machine that had marched around some of the most clogged streets last winter, tossing tall heaps of snow into dump trucks.

Police awards: Daniel O’Leary, the police chief, presented awards to several members of the force and introduced them to the board and the public. As he explained, those honored by Brookline had been nominated by fellow members of the department, following an approach Mr. O’Leary introduced several years ago.

Police Officer of the Year is David Wagner of the Detective Division. According to Mr. O’Leary, he has been a source of morale in the department–mentoring younger members of the force and taking on special patrol duties while maintaining the evidence archives as his main job. Detective Wagner and Sergeant Russell O’Neill received commendations for exceptional service, the fifth for each of them.

Andrew Lipson, recently promoted a deputy superintendent heading the Patrol Division, was awarded a medal of valor. According to the chief, while investigating a complaint he had been attacked by a suspect armed with a knife. He disabled the suspect with a shot from his service pistol–a rare instance of the use of arms in the Brookline department. The suspect was given first aid and was taken into custody. Mr. Lipson also received a commendation for another incident, his twentieth. According to the chief, that is the most received by a member of the force.

Mr. O’Leary introduced Julie McDonnell of the Detective Division. She had been honored on May 15 by the U.S. Attorney’s Office for Massachusetts. After starting an investigation in 2013, she broke a sex-trafficking racket based in the Boston area and in Rhode Island, freeing two juveniles who were being advertised for prostitution by a Boston street gang.

Personnel, contracts and finances: The board appointed Nathan Peck a member of the Building Commission and appointed David Pollack, Mary Ellen Dunn, Roberta Winitzer and Arden Reamer to the Devotion School Building Committee, filling vacancies. Mr. Pollack is a member of the School Committee and former member of the Building Commission. Ms. Dunn is the incoming Deputy Superintendent for Administration and Finance at Public Schools of Brookline. Ms. Winizer is a former member of the Board of Library Trustees.

Patrick Dober, director of the Brookline Housing Authority, asked for waivers of inspection fees. He said the authority expects to complete a new development at 86 Dummer St. by the end of the year. The authority wants to free up funds to support its service programs. The board agreed.

Stephen Cirillo, the town’s finance director, asked for approval of an agreement for payment in lieu of taxes (PILOT) for the Dummer St. project, which is partly owned by a private party. He said payments would start at about $0.012 million and rise to about $0.025 million in the second year. Mr. Cirillo also asked for approval of a PILOT agreement with Children’s Hospital for a house at 132 Carlton St., formerly owned by B.U., that is to become a family inn for patients. The board approved both agreements. Mr. Cirillo also got hiring approval to replace an office assistant who is retiring.

Melissa Goff, the deputy town administrator, presented a plan to pay large budget overruns for snow clearance from last winter. The board approved transfers totaling $0.34 million among Public Works accounts and requested a $1.4 million reserve fund transfer, approved by the Advisory Committee the same evening. Other funds are proposed under an article to be heard by the annual town meeting starting May 26.

Management and town meeting issues: The board had held open its position on Article 7, budget amendments, pending Ms. Goff’s reviews. They voted to recommend applying $1.1 million from overlay surplus against the snow removal deficit, leaving about $0.4 million to be made up. Ms. Goff anticipates that a grant from the Federal Emergency Management Agency will cover that difference.

For the fourth time, board members again considered a recommendation on the Article 9, filed by Ernest Frey, a Precinct 7 town meeting member, and other petitioners. It asked to make holders of state and federal offices living in Brookline automatic town meeting members. Mr. Frey has encountered widespread opposition and asked the board to join the opposition and recommend no action on his article. Board members agreed.

Board members also reconsidered a recommendation on Article 12, changes to the snow removal bylaw, which had been filed in their names. Again they backed away, supporting an Advisory Committee position that gutted most of the original proposal, leaving relatively weak enforcement, modest fines and no administrative appeals.

On Article 14, proposing bans on bottled water, petitioners Jane Gilman, a Precinct 3 town meeting member, and Clinton Richmond, a Precinct 6 town meeting member, asked for support of a bylaw much reduced in scope. Now it would ban only spending town funds on water in one liter or smaller plastic bottles for use in offices. The Board of Selectmen agreed to recommend that approach.

Licenses and permits: Owners of Trader Joe’s in Coolidge Corner got approval for a change in the alcoholic beverage manager, now to be Micah O’Malley. Three restaurants were allowed new outdoor seating: Giggling Rice at 1009A Beacon St., Starbucks at 473 Harvard St. and Sunny Boy at 1632 Beacon St. The Starbucks location and Lee’s Burger of 1331 Beacon St. were allowed increases in indoor seating.

A new restaurant license was approved for Steve Liu of Malden, to be called WOW Barbecue at 320 Washington St., across from Town Hall. Mr. Liu, originally from Beijing, has run a Malden restaurant under the same name since June, 2014, and runs a food truck under that name around Chinatown in Boston, B.U. and Northeastern. The best known dish is traditional Chinese lamb skewers with cumin.

At the hearing, Mr. Liu did not hire a lawyer but represented himself along with Yi Peng, to be an alternate manager. In an unusually generous grant, the board approved a full liquor license for a new restaurant, along with live entertainment and closing hours of midnight weekdays and 1 am weekends. There was resistance from board member Ben Franco, who said that the “history of late closings has led to some problems,” but in the end Mr. Liu’s applications won unanimous approvals.

– Beacon staff, Brookline, MA, May 20, 2015


Board of Selectmen: new members and leadership, Brookline Beacon, May 13, 2015

Town elections: tax override for schools passes, Brookline Beacon, May 5, 2015

Board of Selectmen: farmers’ market, promotions, golf and town meeting, Brookline Beacon, April 29, 2015

Craig Bolon, Public Works: snow removal, Brookline Beacon, March 9, 2015

Planning Department: a grand plan for Village Square on a diet

Grand plans of 2005 for a “boulevard” along the foot of Washington St. near Brookline Village faded. More recently, instead of Goody, Clancy–the high-prestige Boston architecture and planning firm–Brookline hired Vanasse Hangen Brustlin of Watertown–engineers and highway designers. Working at a very slow and mostly quiet pace, they planned a highway renovation for part of Route 9. The project has been coordinated by Public Works and Planning staff, particularly Joe Viola, the assistant director for community planning.

Last Wednesday, May 13, Mr. Viola organized a public presentation and hearing on a highway renovation plan, starting at 7 pm in the sixth-floor meeting room at Town Hall. Neil Wishinsky, recently chosen as chair of the Board of Selectmen, presided over the hearing. No committee of Brookline residents has a role in this project. A committee for the so-called “Gateway East” boulevard project has been inactive since 2006. A committee for a so-called “Walnut St. and Juniper St. Relocation” project has been inactive since 2010.

Background: The foot of Washington St., bending toward Mission Hill in Boston, became the commercial heart of Brookline during the eighteenth and nineteenth centuries. The Worcester Turnpike, opened to Natick in 1810, started westward at the bend of Washington St. That road is now Boylston St., part of Massachusetts Route 9, which continues along the foot of Washington St. across the Jamaicaway to Huntington Ave. in Boston.

The Punch Bowl Tavern was Brookline’s best known landmark during the 1700s. It was located across the foot of Washington St. from today’s site of the Village Square fire station, built of brick and limestone in early twentieth century. The area nearby was often called Punch Bowl Village. The 1830s street connecting to Beacon St. through what is now Kenmore Square was originally Punch Bowl Rd. Now it is Brookline Ave.

A railroad courses beside the Village Square area, begun in 1853 as the Charles River Branch Railroad, later the Brookline Branch of the Boston & Albany and now the Riverside (D) branch of the MBTA Green Line. During the 1920s, the bustle of Village Square attracted the Brookline Savings Bank’s handsome new headquarters to the bend of Washington St. Aside from the fire station, that is the only historic building left on the square.

Village Square was almost totally lost to redevelopment, starting in the late 1950s. Patterning its efforts on destruction of the West End in Boston by the Hynes administration, the former Brookline Redevelopment Authority took property by eminent domain for the so-called “Farm Project,” evicted all the former residents and businesses, ripped out the streets and tore down everything south of Route 9 but the fire station.

On the north side of Route 9, the so-called “Marsh Project” ran at a slower pace, but it was about as ruthless. Now there can be no genuine Village Square “boulevard,” because there is no longer a genuine Village Square–an extinct neighborhood–to lend it character. Although Village Square doesn’t yet house a suburban strip mall, like Chestnut Hill, the swath of destruction left a bleak highway junction, being filled in by large-scale new development.

Village Square, from the former site of Brookline Savings Bank

VillageSquareFromBrooklineBank
Source: Brookline Department of Planning and Community Development

Bicycle bonanza: The first public presentation Mr. Viola scheduled, last December 3, attracted around 50 bicycle promoters from Brookline and Boston. They were nearly all seeking protected bicycle lanes, sometimes called “cycle tracks.” If Brookline’s commercial areas were to be prioritized by amounts of bicycle traffic, Village Square would probably rank low. Today it has little business and only a modest population density nearby. For all but a few Brookline residents, it is neither a destination nor a waypoint.

Instead, what Village Square has is money, thanks to persistent efforts currying state support for highway renovation. It also holds some future promise from the expected 2 Brookline Place development, but bicycle promoters were likely drawn to the project by the scent of money. State money was squandered when renovating Beacon St. a few years ago, installing lots of new paving but little else of community value. Because of neglectful design, a majority of Beacon St. remains unsuitable for even painted bicycle lanes.

The cost of protected bicycle lanes in built-out urban areas runs to as much as $5 million a mile. When installed during roadway renovation, parts of the work will be common to the renovation, and the incremental cost can be less. At the May 13 presentation, a representative of the Massachusetts transportation agency estimated a 7 percent increase in costs for the Village Square project.

Plans: As described by Beth Eisler, an engineer from Toole Design Group in Boston, plans for protected bicycle lanes at Village Square are limited to the foot of Washington St. between the intersection with High St. on the south side and the intersection with Brookline Ave. on the north side. Anything more will await some future project and funding.

The main roadway change is to move the end of Walnut St. eastward, aligning the intersection of Walnut St. on the south side of Washington St. with the intersection of Pearl St. on the north side. Protected bicycle lanes on both sides of the foot of Washington St. extend just two blocks, about one-seventh of a mile.

Design for protected bicycle lanes at Village Square

VillageSquareCycleTracks
Source: Brookline Department of Planning and Community Development

The proposed designs place bicycle lanes at sidewalk level toward the curbs–the approach used on Vassar St. in Cambridge. At the bus stop near Pearl St., the bicycle lane is to curve away from the street, skirting an island for people entering and leaving a bus. Bicycle lanes are to have a color, texture or both that differs from walkways. No bicycle lane materials, signs or signals were described.

Desires: The May 13 presentation and hearing drew an audience of about 35. Most speakers supported plans but asked for changes in designs. Eric from Jamaica Plain described himself as riding through Village Square frequently. He doubted the proposed designs would draw riders to the area, because of hazardous intersections. Placing a painted bicycle lane in the middle of Washington St., descending from the overpass above the Green Line, would be “terrifying to many,” he said. “People will ride on the sidewalk.”

Mark from Roslindale, speaking for the Boston Cyclists Union, had similar observations. Stacy Thompson, representing the Livable Streets Alliance in Cambridge, had “concerns about a two-stage Washington St. crossing” for pedestrians. The long delays, she said, would provoke jaywalking. Crossing “seven lanes is really intimidating across lower Washington St.”

Scott Englander, a Transportation Board member who co-chairs the Complete Streets Study Committee, said the designs had been “hamstrung by the 2006 planning effort…an obsolete planning philosophy.” They have “weak links at several points,” he said, some of which he described. Much more obvious barriers were created by the 1950s philosophy, turning Village Square into part of a highway complex rather than part of a village network. That is how the foot of Washington St. became seven traffic lanes instead of four.

George Cole, a member of the Building Commission who has also been a spokesperson for Children’s Hospital, the owner and developer of 2 Brookline Place, said the hospital “supports bicycles” and asked about the schedule. Tracy Wu, the project manager at the state transportation agency, said the schedule currently calls for completing designs in September, 2016, and performing construction between the spring and fall of 2017.

According to Jane Gilman, a Precinct 3 town meeting member, “we are a multi-modal society,” turning to “sustainable practices.” She asked about bicycle lane signals, pervious pavement and trees. For each item, Ms. Eisler of Toole Design Group said nothing had yet been planned. Laura Costella of Vanasse Hangen Brustlin stated there will be “a significant landscape component to this project…replacing existing elements at least six to one.”

Several speakers sought to extend the designs for protected bicycle lanes to other parts of the streets. Tommy Vitolo, a Precinct 6 town meeting member, argued for extending them along Walnut St. to High St. That should not be very costly, he argued, saying, “It’s all new anyway.” Like other Brookline speakers, however, Dr. Vitolo seemed to have little knowledge of actual costs for protected bicycle lanes.

Mr. Viola said the next step for the plans would be to present them to the Transportation Board. Todd Kirrane, the transportation director, indicated that might occur at a June meeting. Given the many responses from Toole Design Group and Vanasse Hangen Brustlin that elements were “not planned yet” or “we’ll look into it,” it was not at all clear that plans were ready for prime time.

– Craig Bolon, Brookline, MA, May 16, 2015


Toole Design Group (Boston, MA), Gateway East bicycle facilities, Brookline Department of Planning and Community Development, May 13, 2015

Pedestrian and Bicycle Information Center, Costs for pedestrian and bicycle infrastructure improvements, U.S. Federal Highway Administration, 2015

Complete Streets: seeking better sidewalks and bicycle paths, Brookline Beacon, May 12, 2015

Zoning Board of Appeals: zoning permit for a registered marijuana dispensary, Brookline Beacon, April 25, 2015

Planning Board: Brookline Place redevelopment, Brookline Beacon, January 23, 2015

Craig Bolon, Gateway East: an idea whose time has gone, Brookline Beacon, October 17, 2014

Craig Bolon, Brookline bicycle crashes: patterns and factors, Brookline Beacon, August 16, 2014

Craig Bolon, Brookline legacies: Olmsted and coal ash, Brookline Beacon, June 6, 2014

Town elections: tax override for schools passes

At today’s town elections, Tuesday, May 5, Brookline voters approved both ballot questions: a $7.665 million per year tax override, above amounts allowed by the statewide Proposition 2-1/2 budget law, and a debt exclusion for funds to renovate and expand Devotion School, a project currently expected to cost about $120 million.

Support for the ballot questions proved strong across Brookline. The Devotion School question won in every precinct, and the tax override won in every precinct except 15. Voters also tended to favor candidates known to support a Yes vote on the tax override, intended primarily to benefit Brookline schools. The override is the third largest to be approved in state history.

Town-wide offices: Nancy S. Heller and Bernard W. Greene won three-year terms as members of the Board of Selectmen over Pamela C. Lodish, MK Merelice and Laurence M. Odie. Mr. Greene became the first African-American elected to Brookline’s municipal managing board. Candidate rankings were uniform across town, except that candidates did somewhat better in their home precincts and Ms. Lodish stood out in high-income Precincts 13, 14 and 15–where opponents of the tax override concentrated.

The Board of Selectmen hires the town administrator, currently Mel Kleckner, and appoints the members of most local boards, commissions, committees and councils–except the School Committee and Housing Authority board, which are elected, and the Advisory Committee and Committee on Town Organization and Structure, which are appointed by the moderator. There are more than 70 such appointed, volunteer groups–of which about 15 meet fairly often and supervise or advise on municipal services.

Barbara C. Scotto, Pen-Hau Ben Chang and Elizabeth Jackson Stram won three-year terms as members of the School Committee over Sandra L. Stotsky. Ms. Scotto and Mr. Chang were candidates for re-election. This committee hires the school superintendent, currently William Lupini. From 1939 through 1980, the School Committee was effectively a taxing authority. If an annual town meeting did not appropriate the full amount it requested for school services, any ten taxpayers could bring suit in a state court and compel the town to pay the difference. Massachusetts school committees lost taxing authority with Proposition 2-1/2.

There were no contests for three town-wide offices. Incumbent Patrick J. Ward got another three years as town clerk, now the only salaried office filled by election. Incumbent Edward (Sandy) Gadsby got another three years as the moderator of town meeting, and incumbent Barbara B. Dugan got another five years as a member of the Housing Authority board. Four incumbent members of the Board of Library Trustees got new, three-year terms, competing only to see who would receive the most votes. Brookine no longer elects a treasurer or members of the Walnut Hills Cemetery board, as it did only 30 years ago. Other elected offices disappeared in reforms of the 1950s and 1960s.

Town meeting: Voters elected one-third of the town meeting members by precincts, for regular terms of three years, and they filled a few town meeting seats left from vacancies, all for terms of one year. After operating with open town meetings since 1705, attended by the voters, in 1916 Brookline became the first Massachusetts town to elect town meeting members, modeling its approach after Newport, RI (now a city). In 1972, Brookline changed from 12 to 16 precincts. Each of those precincts has 15 elected members of town meeting, whose sole duties are to attend town meeting sessions and represent the voters of their precincts.

Several candidates who had filed nominations for town meeting member this year withdrew, leaving competition in only Precincts 1, 4, 5, 6 and 12. Each of these had six candidates for five terms of three years. No one filed a nomination for a 1-year term in Precinct 14; it was won by a write-in candidate. Out of 87 total candidates who filed nominations for town meeting member with the town clerk, and did not later withdraw them, 82 were elected this year.

In precinct 1, Peter J. Ames lost again after eight tries. In Precinct 4, Sarah T. Boehs won on her second try. In Precinct 5, Betsy DeWitt, retiring as a member of the Board of Selectmen, lost to the five incumbents. In Precinct 6, new candidate Daniel G. Saltzman replaced incumbent Ian Polumbaum. In Precinct 12, former town meeting member A. Joseph Ross lost to the five incumbents.

Yard signs, telephoning and mailings were strong elements in this year’s campaigns. In contrast to past years, canvassing and poll-standing for candidates were mostly confined to precincts with town-meeting competition, There was little presence in Coolidge Corner or in other commercial districts, not much leafletting and little voter contact at Green Line stops and markets.

–Beacon staff, Brookline, MA, May 5, 2015


Preliminary 2015 Town Election Results

Source: Brookline Town Clerk’s Office, May 5, 2015

  Question 1   Question 2    
Ballot Questions Tax override Devotion debt excl.  
  Yes No Yes No  
Town-wide 6308 3956 8173 1947  
Precinct 1 317 220 434 97  
Precinct 2 246 112 307 50  
Precinct 3 381 245 516 106  
Precinct 4 335 192 411 106  
Precinct 5 525 271 629 139  
Precinct 6 630 226 726 123  
Precinct 7 324 225 424 108  
Precinct 8 484 208 593 94  
Precinct 9 423 183 517 91  
Precinct 10 301 181 391 89  
Precinct 11 405 213 486 127  
Precinct 12 492 307 639 146  
Precinct 13 381 336 544 163  
Precinct 14 363 314 502 160  
Precinct 15 260 387 447 178  
Precinct 16 441 336 597 170  
           
  Nancy Bernard Pamela MK Laurence
Board of Selectmen Heller Greene Lodish Merelice Onie
Town-wide 5385 4867 3163 1677 624
Precinct 1 266 242 195 72 35
Precinct 2 215 187 86 53 22
Precinct 3 352 341 149 93 52
Precinct 4 280 254 114 123 32
Precinct 5 408 366 235 193 37
Precinct 6 497 392 194 249 39
Precinct 7 300 306 122 83 36
Precinct 8 473 362 122 91 29
Precinct 9 403 353 124 96 29
Precinct 10 253 260 142 70 36
Precinct 11 304 303 206 113 42
Precinct 12 440 389 276 104 53
Precinct 13 327 284 316 88 44
Precinct 14 267 280 306 75 52
Precinct 15 220 193 312 78 46
Precinct 16 380 355 264 96 40
           
  Barbara PH Ben Elizabeth Sandra  
School Committee Scotto Chang Stram Stotsky  
Town-wide 5620 5347 4944 3209  
Precinct 1 278 292 266 165  
Precinct 2 226 207 191 88  
Precinct 3 365 349 341 175  
Precinct 4 271 267 241- 137  
Precinct 5 442 388 367 225  
Precinct 6 462 448 410 272  
Precinct 7 298 293 270 167  
Precinct 8 433 388 402 130  
Precinct 9 377 362 379 158  
Precinct 10 288 276 233 154  
Precinct 11 397 337 328 192  
Precinct 12 439 450 395 283  
Precinct 13 348 339 295 279  
Precinct 14 315 317 274 258  
Precinct 15 275 242 205 273  
Precinct 16 406 392 347 253  
           
  Carol Regina Vivien Carol  
Library Trustees Axelrod Healy Goldman Lohe  
Town-wide 5674 5270 5266 5171  
Precinct 1 299 274 267 266  
Precinct 2 204 194 200 189  
Precinct 3 350 330 328 322  
Precinct 4 303 262 268 247  
Precinct 5 449 417 403 416  
Precinct 6 493 471 471 468  
Precinct 7 320 300 300 288  
Precinct 8 370 354 354 351  
Precinct 9 358 323 331 321  
Precinct 10 277 263 262 245  
Precinct 11 358 349 344 350  
Precinct 12 457 390 383 389  
Precinct 13 367 337 333 362  
Precinct 14 355 320 323 310  
Precinct 15 308 301 293 283  
Precinct 16 406 385 406 364  
           
Town Meeting, Precinct 1          
Cathleen C. Cavell 3 years 364      
Sean M. Lynn-Jones 3 years 347      
Neil R. Gordon- 3 years 333      
Carol B. Hillman 3 years 333      
Elijah Ercolino 3 years 308      
Peter J. Ames 3 years 120      
           
Town Meeting, Precinct 2          
Linda Olson Pehlke 3 years 199      
Eunice White 3 years 198      
Barbara A. O’Brien 3 years 197      
Livia Schacter-Kahl 3 years 178      
Susan M. Roberts 3 years 169      
           
Town Meeting, Precinct 3          
Dennis L. Doughty 3 years 381      
Jane C. Gilman 3 years 379      
David M. Aronson 3 years 363      
Donald Gene Leka 3 years 335      
Laurence Kragen Koff 3 years 287      
           
Town Meeting, Precinct 4          
Sarah T. Axelrod 3 years 297      
John T. Mulhane 3 years 291      
Martha A. Farlow 3 years 267      
Frank W. Farlow 3 years 256      
Sarah T. Boehs 3 years 246      
Jeremy Michael Shaw 3 years 159      
Alan Christ 1 year 315      
           
Town Meeting, Precinct 5          
William E. Reyelt 3 years 463      
Robert S. Daves 3 years 456      
Phyllis R. O’Leary 3 years 451      
Betsy Shure Gross 3 years 435      
Claire B. Stampfer 3 years 355      
Betsy DeWitt 3 years 334      
           
Town Meeting, Precinct 6          
John Bassett 3 years 494      
Daniel Saltzman 3 years 483      
Robert I. Sperber 3 years 459      
Virginia W. LaPlante 3 years 421      
Christopher Dempsey 3 years 398      
Ian Polumbaum 3 years 327      
           
Town Meeting, Precinct 7          
Jonathan J. Margolis 3 years 327      
Susan F. Cohen 3 years 322      
Susan P. Ellis 3 years 313      
Susan Granoff 3 years 312      
Keith A Duclos 3 years 256      
           
Town Meeting, Precinct 8          
David-Marc Goldstein 3 years 386      
Anita L. Johnson 3 years 373      
Edward L. Loechler 3 years 358      
Craig Bolon 3 years 342      
Lisamarie J. Sears 3 years 302      
           
Town Meeting, Precinct 9          
Martin R. Rosenthal 3 years 393      
Pamela C. Katz 3 years 389      
Joyce Jozwicki 3 years 370      
Judith A. Vanderkay 3 years 356      
George Abbott White 3 years 346      
           
Town Meeting, Precinct 10          
Naomi Sweitzer 3 years 281      
Linda M. Davis 3 years 262      
Daniel La 3 years 258      
Clifford Scott Ananian 3 years 252      
Stanley Shuman 3 years 251      
           
Town Meeting, Precinct 11          
Joseph M. Ditkoff 3 years 383      
Bobbie M. Knable 3 years 381      
Shira A. Fischer 3 years 374      
Carrie Benedon 3 years 369      
David C. Lescohier 3 years 356      
           
Town Meeting, Precinct 12          
Amy Hummel 3 years 458      
Judy Meyers 3 years 449      
Mark J. Lowenstein 3 years 416      
Lee Cooke-Childs 3 years 387      
Chad S. Ellis 3 years 339      
A. Joseph Ross 3 years 219      
           
Town Meeting, Precinct 13          
Carla Wyman Benka 3 years 386      
Chris Chanyasulkit 3 years 352      
Jonathan S. Fine 3 years 345      
John Doggett 3 years 340      
Paul A. Saner 3 years 328      
           
Town Meeting, Precinct 14          
Pamela C. Lodish 3 years 368      
Kenneth M. Goldstein 3 years 337      
Clifford M. Brown 3 years 323      
Shaari S. Mittel 3 years 303      
Jeffrey Robert Kushner 3 years 284      
(write-ins) 1 year (75)      
           
Town Meeting, Precinct 15          
Janice S. Kahn 3 years 335      
Eileen Connell Berger 3 years 310      
Benedicte J. Hallowell 3 years 293      
Ira P. Krepchin 3 years 274      
Ab Sadeghi-Nejad 3 years 258      
Robert Liao 1 year 354      
           
Town Meeting, Precinct 16          
Scott C. Gladstone 3 years 444      
Thomas J. Gallitano 3 years 435      
William Pu 3 years 431      
Alisa G. Jonas 3 years 416      
Regina M. Frawley 3 years 415      

Board of Selectmen: farmers’ market, promotions, golf and town meeting

A regular meeting of the Board of Selectmen on Tuesday, April 28, started at 6:00 pm in the sixth-floor meeting room at Town Hall. This was the last meeting for retiring board chair Ken Goldstein, first elected in 2009, and for retiring board member Betsy DeWitt, first elected in 2006 and chosen as board chair in 2010 through 2013.

On Tuesday, May 5, voters will elect two new board members among five candidates: town meeting members Merelice of Precinct 6, Bernard Greene of Precinct 7, Nancy Heller of Precinct 8 and Pam Lodish of Precinct 14, and Larry Onie, a Marshall St. resident. Mr. Greene, Ms. Heller and Ms. Lodish were members of the Advisory Committee until they decided to run. Ms. Heller and Ms. Lodish are also former members of the School Committee. Mr. Onie was a member of the former Human Relations and Youth Resources Commission.

Farmers’ Market: The board approved an agreement allowing the Brookline Farmers’ Market to use the smaller Centre St. parking lot Thursday afternoons from June 18 through October 29, 2015. Succeeding Arlene Flowers as market manager after 20 years are three co-managers: Abe Faber, an owner of Clear Flour Bread on Thorndike St., Kate Stillman, of Stillman’s Farm in Lunenberg and New Braintree, and Charlie Trombetta, of Trombetta’s Farm in Marlborough. The market association pays $2,500 a year to rent the space for 20 Thursdays.

Current sign for Brookline Farmers’ Market

CurrentFarmersMarketSign20150428
Source: Brookline Department of Planning and Community Development

Andy Martineau, an economic development planner, presented a concept proposed for Brookline wayfinding signs. It was developed by Favermann Design of Boston as part of a $0.02 million contract awarded by the Board of Selectmen last September. So far, the proposal has not appeared among the Planning Department’s economic development files on the municipal Web site.

Proposed sign for Brookline Farmers’ Market

ProposedFarmersMarketSign20150428
Source: Brookline Department of Planning and Community Development

As the example for Brookline Farmers’ Market shows, wayfinding signs would all become rust-colored with uniform lettering and no graphics. The proposal was released at a meeting of the Economic Development Advisory Board on March 2. Minutes say members of that group reacted to “monolithic appearance” and lack of “iconic” symbols for organizations such as Rotary. Members of the Board of Selectmen had concerns that lettering might be too small to read from a moving vehicle. Faint leaf outlines across the tops might look like graffiti to some.

Personnel, contracts and finances: After a long series of personnel reviews, Daniel O’Leary, the police chief, won approval to promote Andrew Lipson from lieutenant to deputy superintendent, Kevin Mealy from sergeant to lieutenant and Brian Sutherland, Russell O’Neill and Andrew Amendola from patrol officer to sergeant. Mr. Lipson will become head of the Patrol Division, sometimes a station to heading the department.

Brookline has an increasingly educated police department. Of those promoted this time, four have master’s degrees in criminal justice and other fields, and the fifth is currently in a master’s program. At least one member of the force has a PhD. This has not led to any lack of practical effectiveness. To the contrary, most crime counts have continued to fall, year by year, and the town has remained free of ugly incidents.

Paul Ford, the fire chief, got approval to hire seven firefighters to replace ones who have retired, left the department or died. Stephen Cirillo, the town’s finance director, was reappointed to the Retirement Board as a management representative for three years.

Anthony Guigli, a building project administrator, got approval for $0.06 million in added improvements at old Lincoln School, preparing to house part of Devotion School during renovations and expansion. Although not in regular service as a school since 1994, old Lincoln has become temporary quarters for Town Hall, the main library, the health department and several other schools during renovations.

2022 U.S. Open in golf: The board considered negotiating with the U.S. Golf Association (USGA) about holding its 2022 U.S. Open at The Country Club, potentially using parts of Putterham Meadows and Larz Anderson in support. USGA of Far Hills, NJ, had contacted the town. The board’s chair, Ken Goldstein, who retires from the board after this meeting, is an avid golfer. Other board members were not as enthusiastic. “Right now I’m quite a skeptic,” said Nancy Daly.

The club hosted the U.S. Open in golf three times before: in 1913, 1963 and 1988. As board members recalled, the last comparable event was the Ryder Cup in 1999. David Chag, general manager of the club since 1987, said the club provided $0.5 million from that event to start a fund for Brookline youth programs and has been raising about $0.05 million a year for the fund since then.

Board members asked about any plans for 2024 Olympics. Mr. Chag said there had been a contact about a year ago but no follow-up. He was surprised, he said, to see the club described as a potential site this winter. The board voted 4-0-1 to set up a task force to negotiate with USGA, Ms. Daly abstaining. Mel Kleckner, the town administrator, promised to keep board members informed.

Lloyd Gellineau, Brookline’s chief diversity officer, asked to reconvene a memorial committee on the Holocaust, last an active project about 20 years ago. He has located recordings of about 90 hours of interviews with survivors, archived but never made available to the public. Harvey Bravman, a Newton resident, actor and media producer, has collaborated with Dr. Gellineau in investigating and indexing the archive. The board agreed to reconvene the inactive committee.

Town meeting issues: After budget controversies raised by the Advisory Committee, the board asked Melissa Goff, recently appointed deputy town administrator, for a review of financial reserves and of ways to meet costs of snow clearance last winter. Ms. Goff said the overrun against funds appropriated for snow clearance had reached about $3.4 million.

Current plans are to apply about $1.6 million from the general reserve fund and $1.1 million from balances in overlay funds from 2009 and prior years. That leaves about $0.7 million to be made up from other sources. Contrary to hopes of some Advisory Committee members, overlay balances will not be enough to help restore proposed cuts in municipal services. The board voted to reconsider Article 7 for the spring town meeting, on budget amendments, but did not propose new actions under the article at this meeting.

The board did review its recommendations on Article 8, the budget for the 2016 fiscal year starting in July. Members are continuing to support the financial plan presented by Mr. Kleckner February 17, with one change. They will recommend increasing the Health Department budget by $26,000 to support mental health, balancing that with $10,000 from estimated parking revenue and $16,000 from reduced estimates for energy spending.

The board also reconsidered its recommendation on Article 9, which would make elected federal and state officials living in Brookline automatic members of town meeting. Stanley Spiegel, a Precinct 2 town meeting member and a member of the Advisory Committee, proposed instead to make these officials “honorary town meeting members,” non-voting but welcome to participate in town meeting debates. Apparently hoping to head off another simmering dispute with the Advisory Committee, the board supported that approach.

A recommendation about Article 19 had been deferred. It proposes a resolution against Olympic games in Boston. No representatives of the pressure group pushing for the Olympics showed up last week, and the board decided to reach out to them, but no one came to this meeting either. The board voted to support Article 19.

– Beacon staff, Brookline, MA, April 29, 2015


Favermann Design, Wayfinding signs, Brookline Department of Planning and Community Development. Not posted online as of April 29, 2015.

Board of Selectmen: landmarks, permits and town meeting controversy, Brookline Beacon, April 22, 2015

Advisory Committee: budgets, bylaws and lectures, Brookline Beacon, April 14, 2015

Town elections: contests town-wide and in precincts, Brookline Beacon, March 17, 2015

Board of Selectmen: Hancock Village, financial plan, Brookline Beacon, February 21, 2015

Board of Selectmen: celebrations, personnel, programs, licenses, Brookline Beacon, August 13, 2014

Board of Selectmen: landmarks, permits and town meeting controversy

A regular meeting of the Board of Selectmen on Tuesday, April 21, started at 6:30 pm in the sixth-floor meeting room at Town Hall. The board heard from applicants for permits and from petitioners for town meeting articles. It began with the several-years tradition of “announcements” from departing board member Betsy DeWitt. Key among them this week was celebration of a new landmark.

Landmarks: Ms. DeWitt, who has a longstanding interest in Brookline history, announced that a Brookline site had recently been named a national historic landmark, the town’s fourth. It is the Brookline Reservoir–located along the former Worcester Turnpike, now Boylston St. and MA Route 9, between Lee and Warren Sts.–along with the 14-mile Cochituate Aqueduct, connecting it with man-made Lake Cochituate in Natick.

The Brookline Reservoir and Cochituate Aqueduct were the first major expansion of the Boston-area water works, which later came to include the Chestnut Hill Reservoir and the Fisher Hill Reservoir. The Brookline Reservoir and Cochituate Aqueduct are the earliest intact example of a reliable, metropolitan water system for a major U.S. city. They operated in full service from 1848 through 1951.

In mid-nineteenth century, when the aqueduct and reservoir were built, Boston-to-be was a conglomerate of a growing small city and nearby towns–including Brighton, Charlestown, Dorchester, Roxbury and West Roxbury, which included Jamaica Plain after 1850. Between 1868 and 1873, these towns agreed to merge with Boston. An 1873 Brookline town meeting refused to join, putting an end to Boston expansion except for Hyde Park in 1912. The aqueduct and reservoir remained key elements of the city’s water supply until the construction of the Quabbin Reservoir, during the Great Depression, and of the Hultman Aqueduct, in the 1940s.

Two of Brookline’s three older national landmarks are well known: the birthplace of former Pres. Kennedy, at 83 Beals St., and the former home of Frederick Olmsted, Sr., the pioneering landscape architect, at 99 Warren St. For some obscure reason, Ms. DeWitt would not describe the other landmark site.

The third older landmark is the former residence of George R. Minot (1885-1950) of Harvard Medical School, for whom the Minot Rose Garden on St. Paul St. was named. Anyone with Internet access can easily locate the site at 71 Sears Rd., now occupied by unrelated private owners. Prof. Minot became the first winner of a Nobel prize to live in Brookline.

In the mid-1920s, Prof. Minot, George H. Whipple of the University of California Medical School and William P. Murphy of Harvard Medical School found that Addison’s disease, a fatal condition then called pernicious anemia, was associated with a dietary factor. They discovered it could often be controlled by adding a water-soluble extract from liver to the diet. The three were awarded the Nobel prize in medicine for 1934. In the late 1940s, the active dietary substance was isolated; it is cobalamin, also known as vitamin B-12.

Contracts, personnel and finances: The board approved $0.08 million in contract additions for storm-sewer repairs with Beta Group of Norwood, also the town’s consultant for storm-water issues during review of a proposed Chapter 40B development at Hancock Village. The contract is part of a continuing program to reduce infiltration and leakage. This year’s repairs affect Addington Rd., Summit Ave. and Winchester St. Peter Ditto, the director of engineering, said he expects the state to reimburse about 45 percent of the cost.

Joslin Murphy, the town counsel, got approval to hire an associate town counsel. The position became available after promotion of Patricia Correa to first assistant town counsel. Members of the board expressed appreciation for Ms. Correa, one of the few Brookline senior municipal staff fluent in Spanish. Ms. Murphy said she would be searching for expertise in construction and school law. Ken Goldstein, the board’s outgoing chair, omitted the usual request to seek a diverse pool of candidates.

Erin Gallentine, the director of parks and open space, presented a plan for improving the Olmsted park system shared with Boston, also called the “emerald necklace.” It is partly based on a survey of over 7,000 trees in about 1,000 acres of park land. Board member Nancy Daly asked what the plan would cost to implement. Ms. Gallentine estimated about $7.5 million for the total plan and $0.5 million for the Brookline portion, spread over several years.

Ms. Gallentine expects private fund-raising to cover a substantial part of costs. The board voted to approve an agreement with the Emerald Necklace Conservancy of Boston to begin work. The board has not published a statement of the work to be performed, which is supposed to become Exhibit A of the agreement, or evidence of insurance from the conservancy, which is supposed to become Exhibit B.

Permits and licenses: Hui Di Chen of Melrose, formerly involved with Sakura restaurant in Winchester and proposed as manager of Genki Ya restaurant, at 398 Harvard St., asked to transfer licenses held by the current manager. This had been continued from February 17, when Mr. Chen was not able to answer some of the board’s questions. Since then, he also applied for outdoor seating. This time he appeared well prepared. The board approved all five licenses requested. Board records continue to contain misspellings of names.

Andrew Gordon of Boston applied for a permit to operate an open-air parking lot at 295 Rawson Rd. The parking lot for 20 cars was created in 1977 under a special zoning permit. Located below Claflin Path and behind houses on Rawson Rd, it has access to Rawson Rd. through an easement between two houses. Mr. Gordon has agreed to buy it from the current owner.

Alison Steinfeld, the planning director, had sent a memorandum saying the department “was not aware of any problems,” but neighbors and abutters said that they certainly were. About 20 of them came to the hearing, and several spoke. They described problems with access and snow clearance. This past winter, they said, problems became extreme, with access to the lot dangerous or blocked for weeks.

The current license, through June 30, requires the operator to “keep the entrance and parking spaces passable and clear of excess snow at all times.” Neighbors also objected to parkers using Claflin Path, a private way, for access to the lot. Board member Neil Wishinsky said that might constitute trespassing and said owners of Claflin Path might consider a fence. It was not clear whether a “doctrine of adverse possession” might apply.

Others described the lot as currently “striped for 30 cars.” Communications from the building and planning departments did not reflect knowledge of conditions. Through a spokesman, Mr. Gordon agreed to observe the 20-car capacity. With uncertainty over conditions, the board decided to continue the hearing on April 28.

Town meeting controversy: The board reviewed several articles for the annual town meeting starting May 26 and voted recommendations on some, including Article 9, which would make elected federal and state officials living in Brookline automatic members of town meeting. The Advisory Committee considered the article April 14 and voted unanimously to oppose it.

Town meetings are the legislative bodies of towns. In larger towns with representative town meetings, town meeting members are elected to represent voters, mostly on local issues. Holders of elected federal and state offices represent voters on different issues. U.S. senators and representatives–as well as the state’s governor, lieutenant governor, attorney general and so on–are mostly elected by voters living somewhere other than in one particular town.

None of that seemed to matter to members of the Board of Selectmen, who spoke in terms of social relations and potential influence with officials who might qualify as Brookline town meeting members. They voted to support the article. Such thinking has long been common among members of the board, but over the years town meeting members have seen things differently, voting to trim back the number of automatic town meeting members.

Board members voted to support Article 10, excluding from living wage coverage some seasonal jobs in the recreation department but keeping a one-dollar premium over minimum wages. Disagreement with the Advisory Committee remains over which jobs would continue to be covered by Brookline’s living wage bylaw. As nearly everyone expected, board members voted to support Article 11, proposing a Crowninshield local historic district.

After a skeptical review by an Advisory subcommittee, petitioners for Article 17, a resolution advocating changes in policy for Chapter 40B projects, agreed to refer the article to the Planning Board and the Housing Advisory Board. An approach of further review now has support from both the Board of Selectmen and the Advisory subcommittee on planning and regulation, which takes up the article again April 23.

Article 18 proposes a resolution seeking a study of acquiring Hancock Village buffers, mostly behind houses on Beverly and Russett Rds., for park and recreation purposes. Members of the board expressed concern over involvement in lawsuits against Hancock Village owners over a proposed Chapter 40B housing development. Voting on a motion to support Article 18, Ken Goldstein, the chair, and board members Nancy Daly and Neil Wishinsky abstained. The motion failed for lack of a voting majority, leaving the Board of Selectmen taking no position on this article.

No Boston Olympics: Article 19 proposes a resolution against Olympic games in Boston. urging officials who represent Brookline to reject the proposal for 2024 Olympics. Christopher Dempsey, a Precinct 6 town meeting member, spoke for the article. He is co-chair of a group called No Boston Olympics working to defeat the proposal. The City Council of Cambridge has already passed a resolution similar to Article 19.

In his efforts, Mr. Dempsey has associated with Liam Kerr, a leader in an educationally extremist campaign known as Democrats for Education Reform–nationally typified by performances of Gov. Andrew Cuomo in New York and Mayor Rahm Emanuel in Chicago. Demonstrating the durability of gross ignorance, that group maintains, “Standardized tests have shined a light on the real quality of education.”

Olympics opponents point to $50 billion for the Olympics in Japan–largely at government expense. They argue that a Boston Olympics would bleed state and local governments and usurp public roads and property for weeks to years. Some members of the Board of Selectmen appeared uninformed and wary of the issue, but Nancy Daly said, “I’m against the Olympics.” No representatives of the pressure group pushing for the Olympics showed up, and the board decided to reach out to them and defer voting a recommendation on the article.

– Beacon staff, Brookline, MA, April 22, 2015


Ellen Ishkanian, Brookline Reservoir and gatehouse named national historic landmark, Boston Globe, April 16, 2015

William P. Marchione, Brookline’s 1873 rejection of Boston, Brighton-Allston Historical Society, c. 2000

Advisory: new park land for Putterham neighborhoods, Brookline Beacon, April 10, 2015

Board of Selectmen: Hancock Village, financial plan, Brookline Beacon, February 21, 2015

Adam Vaccaro, They just don’t want the Olympics, Boston Globe, April 2, 2015. A rambling, chatty account bloated with gossip.

Zeninjor Enwemeka, After WBUR poll, Boston 2024 says it won’t move forward without majority public support, WBUR (Boston, MA), March 23, 2015

Dan Primack, Chris Dempsey leaves Bain & Co., as Boston Olympics battle rages on, Fortune, March 20, 2015

Gintautas Dumcius, Deval Patrick will get $7,500 per day for Boston 2024 Olympics work, Springfield (MA) Republican, March 9, 2015

Neighborhoods: improvements for Coolidge Corner

The North Brookline Neighborhood Association (NBNA) held a public meeting starting at 7 pm Wednesday, April 15, in the Sussman House community room at 50 Pleasant St., focused on improvements for the Coolidge Corner area. Founded in 1972, NBNA is now one of Brookline’s older neighborhood associations. By population it is the largest, serving an area between Beacon St. and Commonwealth Ave. and between Winchester and Amory Sts.

The NBNA meeting drew an audience of near 30, more than half of them town meeting members from Precincts 2, 3 and 7-11. After an introduction by Charles “Chuck” Swartz, a Precinct 9 town meeting member and a member of the Advisory Committee, Kara Brewton, the economic development director in Brookline’s planning department, made a presentation and led discussion.

Waldo St.: Ms. Brewton described elements of what she called a “5-year plan” for Coolidge Corner improvements, mentioning a customer survey, gardening projects and interest in the future of the Waldo St. area. Waldo St. is a short, dead-end private way extending from Pleasant St. opposite Pelham Hall, the 8-story, 1920s, red brick apartment building at the corner of Beacon and Pleasant Sts.

Not recounted by Ms. Brewton at this particular meeting was the controversy several years ago when a would-be developer proposed to replace the now disused Waldo St. garage with a high-rise hotel. While a hotel might become a good neighbor and a significant source of town revenue, the garage property did not provide a safe site. Street access is constricted, and emergency vehicles might be blocked. Permits were not granted.

Also not recounted by Ms. Brewton at this meeting was current Waldo St. ownership, with the garage at the corner of Pleasant and John Sts. now in the hands of the owners of Hancock Village. They are involved in a protracted dispute with the Brookline Board of Selectmen, after applying to build a large, partly subsidized housing development, trying to override Brookline zoning using powers under Chapter 40B of the General Laws.

These matters were well known to nearly all present. By skirting them, Ms. Brewton signaled that she preferred to avoid frank discussion of local conflicts. Her presentation was being observed by a member of the Economic Development Advisory Board, for whom she provides staff support. That left a constrained but still sizable clear space for group discussion.

Survey: Ms. Brewton described a 2014 consumer survey in Coolidge Corner, coordinated by the Department of Planning and Community Development. She said the survey had tallied “a few thousand responses,” that it showed who visits the area for what purposes, that a little over half of the respondents lived in Brookline and that their most frequent activity was buying food.

Stanley Spiegel, a Precinct 2 town meeting member and a member of the Advisory Committee, asked whether the survey had investigated lack of parking. Ms. Brewton said, “Customers find it hard to find parking.” She said the survey found about a third of respondents drove a car to Coolidge Corner and those who did tended to spend more money in the shops.

Ms. Brewton said that current priorities for her division, informed by the customer survey, were focused on three concerns: (1) the mix of business, (2) the public spaces and (3) parking. Asked what she meant by “the mix of business,” she mentioned that there was currently no “ordinary clothing store.” It was not obvious what that meant either, since The Gap has a Coolidge Corner location and several other shops also sell clothing.

Coolidge Corner has lacked a full-service clothing store since the former, 3-story Brown’s, at the corner of Harvard and Green Sts., burned in the 1960s. McDonald’s took over the property, building a one-story shop with distinctive arch windows that became a prototype for the company’s urban expansion. With McDonald’s gone since 2007, the shop with arch windows has been subdivided into spaces occupied by a pizza parlor and a branch bank.

A report from the survey contractor, FinePoint Associates of Brookline, is available on Brookline’s municipal Web site. According to that report, the survey tallied 1,740 responses. Data in the report indicate 29 percent of all respondents drove a car to Coolidge Corner and 62 percent of all respondents rated parking “average” or better. The report says, “Customers who walked or biked to Coolidge Corner were more likely to be very frequent customers (coming twice per week or more) than [other] customers.” [p. 10]

Parking: Ms. Brewton described plans underway to “improve” Coolidge Corner parking. The two lots on Centre St., she said, “are in bad shape,” with no major maintenance since 1965. That was when Brookline took property by eminent domain and tore down structures to build and enlarge current parking lots located off Centre, Babcock, John and Fuller Sts. David Lescohier, a Precinct 11 town meeting member, mentioned efforts to develop solar power canopies for the Centre St lots.

Her department, Ms. Brewton said, is “trying to get $100,000 for planning” parking improvements. However, alternatives for Centre St. parking lots have already been planned. A comprehensive study was performed for the planning department in 2007 by Traffic Solutions of Boston. An illustrated report is available on Brookline’s municipal Web site.

While she left an impression of some future fund-raising, what Ms. Brewton was talking about turned out to be Item 6 in Article 8 on the warrant for the 2015 annual town meeting, starting May 26. She showed a drawing of what she called a “parking deck” over the northwesterly three-quarters of the large Centre St. parking lot. That currently has five herringbone rows of 25 to 30 angled parking spaces each.

In the town meeting warrant, the department’s intents are vague, but they are detailed in the FY2016 Financial Plan, where item 10 under the capital improvements section says the $100,000 may be used to design a “decked parking structure” with one to three levels. A “3-level parking deck” is what most people would typically call a “4-story garage.”

A 4-story parking garage would probably become the largest building in the block and the tallest except for the S.S. Pierce clock tower. It would likely be constructed as a wall of masonry along Centre St., a half block from the house at the corner of Shailer St. where Mr. Swartz and his wife live. It could swell public parking off Centre St. from a current total of about 200 spaces to 500 or more spaces.

It is not clear how the Centre St. parking project Ms. Brewton described reconciles with a “5-year plan” dated March 5, 2012, currently available from the Brookline municipal Web site. That plan does not call for any new or expanded parking facilities, nor does it call for a “planning” effort focused on parking. The only parking improvements it anticipates are described as “signage for cultural institutions & parking lots,” a $46,000 estimated cost.

Gardening: Participants at the NBNA meeting were eager to hear about plans for landscaping and gardening. Many felt the area had been neglected in recent years. Unfavorable comparisons were noted with some commercial areas in Boston and Somerville. Ms. Brewton plans to coordinate a “gardening event” from 8 to 10 am on Saturday, May 16. She can be contacted at 617-730-2468.

Some of the town’s attempts at improvements didn’t impress. Frank Caro, a Precinct 10 town meeting member, referred to structures in the small triangle at the intersection of Pleasant and Beacon Sts. as “the volcano,” saying it was easy to trip over masonry edging. Rita McNally, a Precinct 2 town meeting member, was concerned about maintenance of plantings.

Jean Stringham, a Precinct 3 town meeting member, noted some shop or property owners had already set out flowers. She recalled daffodils near the Brookline Bank. Ms. Brewton said there were more near Pelham Hall. Mr. Swartz said lack of water faucets along the street could be a barrier to maintenance. There was mention of a water truck the town has sometimes provided.

Dr. Caro said results by neighbors with landscaping near the Coolidge Corner library were much improved after Public Works installed sprinklers. Carol Caro, also a Precinct 10 town meeting member, said she hoped for improvements to tree wells, mentioning a recently introduced protective material. Linda Olson Pehlke, a Precinct 2 town meeting member, expressed interest in working on the small park spaces along John St.

NBNA activists decided to focus on a small triangle at the northwest end of the large Centre St. parking lot. Currently, it is eroded and mostly barren. Ms. Brewton said she would see if Public Works could harrow and level the ground. Mr. Swartz agreed to coordinate NBNA efforts. Participants began making plans for mulching and planting.

– Beacon staff, Brookline, MA, April 19, 2015


FinePoint Associates (Brookline, MA), Coolidge Corner Consumer Survey, Department of Planning and Community Development, Brookline, MA, 2014 (3 MB)

Traffic Solutions (Boston, MA), Transportation Analysis for Coolidge Corner, Department of Planning and Community Development, Brookline, MA, March 22, 2007 (9 MB)

Item 6, Article 8, 2015 Annual Town Meeting Warrant, Town of Brookline, MA

Item 10, FY2016-2021 CIP Project Descriptions, Town of Brookline, MA

Board of Selectmen: Hancock Village, budget reviews, Brookline Beacon, March 4, 2015

Craig Bolon, Hancock Village: development pressures, Brookline Beacon, February 22, 2015

Irene Sege, In Brookline, McDonald’s was their kind of place, Boston Globe, February 3, 2007

Linda Olson Pehlke, Coolidge Corner’s future, Brookline Perspective, January 22, 2007

Advisory Committee: budgets, bylaws and lectures

The Advisory Committee met Tuesday, April 7, Thursday, April 9, and Monday, April 13, starting at 7:30 pm in the first-floor south meeting room at Town Hall. Review season for this year’s annual town meeting is underway, with many committee members attending four or more meetings a week. According to the chair, Sean Lynn-Jones, a Precinct 1 town meeting member, the committee has begun to address a backlog of missing meeting records.

At these sessions, the committee reviewed budgets, to be proposed under Article 8 at the annual town meeting starting May 26, for Library, Town Clerk, Information Technology, Finance, Board of Selectmen, Advisory Committee, reserve accounts and miscellaneous. It heard lectures on fiscal policy from Mel Kleckner, the town administrator, from Melissa Goff, the deputy town administrator and from Stephen Cirillo, the finance director. The committee also voted recommendations on three warrant articles:
• Article 12. snow bylaw amendments, from the Board of Selectmen
• Article 13. bylaw requiring tap water service in restaurants, by petition
• Article 14. bylaw banning bottled water on town property, by petition

Human services: The most recent Advisory session, on Monday, was human services night, reviewing the Library budget and the two “water” articles. With subcommittee chair Sytske Humphrey absent, subcommittee member David-Marc Goldstein, a Precinct 8 town meeting member, reviewed the library budget with Sara Slymon, the library director, and Michael Burstein, chair of the Library Trustees.

Lea Cohen of Beacon St., not a town meeting member, reviewed Article 13, about water service in Brookline restaurants. Robert Liao of Meadowbrook Rd., not a town meeting member, reviewed Article 14, seeking to ban bottled water on town property and in the town budget. Jane Gilman and Clinton Richmond, town meeting members from Precincts 3 and 6, responded for the petitioners who submitted those articles.

Water aerobics: The subcommittee on human services had reviewed the “water” articles the previous week and was recommending no action on both. With Mr. Lynn-Jones out-of-town, Carla Benka, vice chair of the committee, led the meeting. She allowed Ms. Gilman and Mr. Richmond another bite of the apple, rehashing most of their arguments and taking up nearly two hours.

After heavy weather the previous week, at the Board of Selectmen as well as the subcommittee, Ms. Gilman and Mr. Richmond tried a tactical retreat on Article 14. That would have removed about three-fourths of the proposed bylaw, including its key feature: generally banning the sale and distribution of bottled water on town property. What remained would have forbidden spending for bottled water and stocking it in vending machines, under most circumstances.

Alan Balsam, the public health director, opposed restricting water from vending machines. As at the Board of Selectmen, he called commercial plastic beverage bottles “nasty,” saying most of what they contained was also “nasty.” In his view, though, water is much less “nasty” than sugared beverages, and trying to keep it out of vending machines would likely encourage substitution–worsening risks of obesity and diabetes. “Why not get rid of vending machines?” asked Dr. Balsam. “That’s what I did at the Health Department.”

Committee members wrestled with alternatives, offering motions to chop still more out of the proposed bylaw and to refer it to a committee appointed by the Board of Selectmen. Ms. Benka struggled in parliamentary muddle. A motion for bylaw surgery from Alisa Jonas of Precinct 16 failed: 2 in favor, 15 opposed and 1 abstaining. A motion to refer from Michael Sandman of Sewall Ave., not a town meeting member, also failed: 4-13-1. A motion on behalf of the subcommittee for no action passed: 16-2-0. That became the Advisory Committee recommendation to town meeting.

Stanley Spiegel of Precinct 2 suggested the committee consider use of funds for bottled water when it reviews conditions of appropriations for town budgets. The committee had less trouble with Article 13, a proposed bylaw change requiring tap water to be available in Brookline restaurants. Ms. Gilman and Mr. Richmond still could not cite a Brookline restaurant that did not offer it. By a unanimous vote, the Advisory Committee is recommending no action on Article 13.

Lecture series: At its April 7 and 9 meetings, the committee heard lectures on fiscal rectitude from Stephen Cirillo, the finance director, from Melissa Goff, the deputy town administrator, and from Mel Kleckner, the town administrator. They were probably inspired by an unusual generous committee approach this year, boosting rather than cutting budgets.

The program budget presented by Mr. Kleckner and his staff last February showed $682,000 in cuts to municipal services within the base budget, without an override. School budgets would benefit from a corresponding boost, while observing “Proposition 2-1/2″ tax limits. School staff and the School Committee are hardly celebrating. Their base budget, without an override, involves cuts totaling $1.16 million from current school programs, despite a $0.68 million transfer from municipal accounts.

Some long-time observers say Advisory budget turbulence stems from a confluence of weather systems: traditional town liberalism mixing into traditional town conservatism that sees unwarranted trimming of municipal resources in order to enlarge school accounts. Practicing freedom of speech, some Advisory Committee members have taken to sporting campaign buttons advertising their factions on the budget override that the Board of Selectmen has proposed to voters at May 5 town elections.

At the April 9 meeting, Mr. Kleckner let a cat out of the bag. It was “very distressing,” he said, “to hear some of this disagreement.” The “elected officials” have a right “to make those judgments.” In the context, Mr. Kleckner was clearly referring to members of the Board of Selectmen, who hire and fire town administrators. He might know something about perils of town administrators, through past service to the fairly conservative Town of Winchester and Town of Belmont.

Somehow, Mr. Kleckner didn’t seem to appreciate at the moment that elected members of town meetings–and not members of boards of selectmen–appropriate all town funds. For the Advisory Committee of Brookline, charged by law with proposing annual appropriations to our elected representative town meeting, that is just Politics 101. Committee members welcomed Mr. Kleckner to Brookline with some choice remarks.

During the lecture series, the need advertised for fiscal probity was to protect the town’s credit rating, but at the April 7 meeting Gary McCabe, the chief assessor, had undercut some of those arguments. He revealed that about $1.1 million stands to be available from overlay accounts for 2009 and prior years. So far, the Advisory Committee’s budget votes would restore about $0.3 million of municipal base-budget cuts, well within amounts Mr. McCabe described as available, outside usual credit-rating factors.

– Beacon staff, Brookline, MA, April 14, 2015


Advisory Committee, Town of Brookline, MA

Warrant for 2015 Annual Town Meeting, Town of Brookline, MA, March 17, 2015

Explanations of Articles, 2015 Annual Town Meeting, Town of Brookline, MA, March 17, 2015

Advisory subcommittee on human services: tap water and bottled water, Brookline Beacon, April 12, 2015

Advisory Committee: missing records, more skeptical outlooks, Brookline Beacon, April 2, 2015

Support for the May 5 override, Yes for Brookline, Brookline, MA, April, 2015

Opposition to the May 5 override, Campaign for a Better Override, Brookline, MA, April, 2015

Advisory: a night at the opera, Brookline Beacon, March 27, 2015

Advisory Committee: in a generous mood, Brookline Beacon, March 17, 2015

School Committee: budget bounties and woes, Brookline Beacon, March 13, 2015

Board of Selectmen: Hancock Village, financial plan, Brookline Beacon, February 21, 2015

Board of Selectmen: $7.665 million tax override, Brookline Beacon, February 12, 2015

Board of Selectmen: larger tax override, Brookline Beacon, January 14, 2015

Advisory: new park land for Putterham neighborhoods

The Advisory subcommittee on planning and regulation met at 6:00 pm on Thursday, April 9, in the third-floor employees’ room at Town Hall. All the current subcommittee members were on hand: Stanley Spiegel of Precinct 2, the chair, Angela Hyatt of Precinct 5, Steven Kanes of Carlton St., not a town meeting member, and Lee Selwyn of Precinct 13. The agenda was resolution articles about changing Chapter 40B standards for housing projects [Article 17 in the spring warrant] and about a study of acquiring land for park and recreation uses in the Putterham neighborhoods of south Brookline [Article 18].

The subcommittee was unable to complete a review of Article 17 and will convene again after petitioners–led by Nancy Heller of Precinct 8, a former School Committee member and a candidate for Board of Selectmen–meet with members of the Housing Advisory Board about strategy for the topic. Article 18 was explored at length with its petitioners–led by Regina Frawley, a Precinct 16 town meeting member–and with town staff.

Article 18: Ms. Frawley and Hugh Mattison, a Precinct 5 town meeting member, made the case for Article 18. Responding to questions were Joslin Murphy, the town counsel, Gary McCabe, the chief assessor, and Alison Steinfeld, the planning director. The hearing attracted an audience of about ten, including Patricia Connors, a Precinct 3 town meeting member, Rebecca Plaut Mautner of Precinct 11, Fred Levitan of Precinct 14, Saralynn Allaire of Precinct 16, Stephen Chiumenti of Precinct 16, and Brookline residents Barbara Sherman, Perry Stoll and Jim Salverson.

Article 18 proposes a resolution asking the Board of Selectmen to conduct a study about acquiring so-called “buffer” parts of Hancock Village, in south Brookline, by eminent domain for park and recreation uses. Those are strips of land about 30 to 80 ft wide, bordering single-family houses mostly along Beverly Rd. and Russett Rd. They were configured when Hancock Village was rezoned and designed in the mid-1940s.

As Ms. Frawley described, Brookline has previously acquired park land by eminent domain, starting in 1871 with Cypress Playground, as it is known today. More recently, in the 1970s, Brookline acquired Hall’s Pond and an adjacent parcel off Amory St. by eminent domain, for conservation purposes. In between, there were other additions to the town’s open space–by bequest, agreement, purchase and eminent domain.

In the Putterham neighborhoods, Ms. Frawley argued, there is little public open space. During the years of the Great Depression, when much development in those neighborhoods was underway, Brookline did not acquire park and playground land, as it had done earlier in other parts of town. She reviewed the current public open spaces and showed that the Hancock Village buffers look to be the largest undeveloped areas likely to be eligible.

Hancock Village buffer in winter

HancockVillageBufferInWinter
Source: Brookline Advisory subcommittee on planning & regulation

Hancock Village buffers: The buffers can be identified from a Brookline atlas or zoning map as located in a single-family rather than a multiple-apartment zone. Brookline’s town meeting, following a 1946 zoning agreement between the John Hancock Mutual Life Insurance Co. and the Town of Brookline, rezoned adjacent areas toward the southwest, now built as garden-village style housing, to multifamily 4C and left the buffers zoned as single-family 7D, the same as the adjacent house lots along Beverly Rd. and Russett Rd.

Ms. Frawley argued that buffer zoning became nominal with the development of Hancock Village, because the buffers were not designed to be built on. She cited an article from the Brookline Chronicle-Citizen of August 29, 1946, saying that the Planning Board had approved a plan providing for the buffers to contain “a natural screen of small trees and other shrubbery.”

In 1962, Brookline changed from its classic to its modern zoning identifiers, making 7D into S-7 and making 4C at Hancock Village into M-0.5, with about the same restrictions. Before then and since, there have been actual and attempted incursions into Hancock Village buffers. The Russett-side buffer is penetrated by Thornton Rd., connecting with Grassmere Rd. Its northern tip skirts three houses addressed on Independence Dr., reducing the minimum width there to about 30 ft.

In the 1950s the John Hancock Co. applied to build parking lots on the buffers, and in the 1960s a subsequent owner, the Niles Co., applied similarly. Those would have been variance uses, not allowed under single-family zoning, and both were denied by Brookline’s Board of Zoning Appeals on grounds that a hardship to the owners had not been shown, as required by state law. Records of decision for those cases do not mention the 1946 zoning agreement, and that agreement does not mention the buffers.

Town-meeting proposal: Putting on their finance hats, subcommittee members asked about the potential cost to acquire the Hancock Village buffers. Mr. McCabe, the chief assessor, described a process for determining value, but the only number he could cite was the average land value currently assessed for all of Hancock Village, about $1.15 million per acre.

The 1946 agreement specified that Hancock Village is restricted to “high-grade garden village type” housing. How much more of such housing could be built on the buffers, if there were no other restrictions, is not known. That might provide an upper limit on their land value. Garden-village apartments at Hancock Village are arranged in spacious chains, with views of landscaping.

It is not clear whether any such housing could be situated in the relatively narrow buffers. Their land value could be minimal. Perhaps the town might do the owners of the land a favor by taking it off their hands, since they would not have to mow the grass any more. The subcommittee was favorably inclined to a study of the issues and voted unanimously to recommend approval of Article 18.

– Beacon staff, Brookline, MA, April 10, 2015


Advisory Committee, Town of Brookline, MA

Warrant for 2015 Annual Town Meeting, Town of Brookline, MA, March 17, 2015

Explanations of Articles, 2015 Annual Town Meeting, Town of Brookline, MA, March 17, 2015

Advisory Committee: missing records, more skeptical outlooks, Brookline Beacon, April 2, 2015

Advisory subcommittee on planning and regulation: new historic district, Brookline Beacon, March 31, 2015

Craig Bolon, Hancock Village: development pressures, Brookline Beacon, February 22, 2015

Brookline Assessor’s Atlas, page 108 (Russett-side buffer), 2010

Brookline Assessor’s Atlas, page 109 (Beverly-side buffer), 2010

Advisory Committee: $0.17 million to fight employee actions

The Advisory Committee met Tuesday, February 10, starting at 7:30 pm in the first floor south meeting room at Town Hall–hearing requests for distributions from reserves. Contrary to usual procedures for warrant articles before town meetings, subcommittees had not been convened to investigate the requests. In at least one case, that might have helped.

The committee considered three requests: one from Public Works to the Board of Selectmen for emergency snow funds, one from the Board of Assessors, for legal help to contest property tax appeals by utilities, and one from Human Resources, to fight employee complaints and lawsuits. The Advisory Committee has no statutory role in authorizing emergency snow funds and could hardly deny assistance for a tax appeal.

Human Resources, legal services: With approval from the Board of Selectmen the preceding week, Sandra DeBow-Huang, the director of the Human Resources Office, asked for an additional $0.17 million in legal services to fight employee complaints and lawsuits. For the current fiscal year, her department has a budget of $0.20 million for contractual services. The request represents a large overrun: more than 80 percent.

Ms. DeBow-Huang distributed to the committee a list of current employee actions involving legal services, with ranges of potential costs for each case. There were 15 active cases on this list, with pending costs during the current fiscal year estimated at $0.11 to $0.21 million for the active cases.

Jenkins v. Brookline: The most expensive item on the list was a dispute starting in the fall of 2011, when a member of the Information Technology staff was dismissed after being unable to work a full-time schedule, following an auto accident. It is now Jenkins v. Brookline, pending in the federal district court for Massachusetts. In a public filing, Ms. Jenkins stated that she was pressured and harassed, that another I.T. staffer was fired around the same time for taking sick days and that Human Resources staff were made aware of those issues at the time.

Ms. Jenkins, who is being represented through the B.U. Law Civil Litigation Program, has claimed civil rights and employee rights discrimination, in violation of the federal Family Medical Leave Act, Americans with Disabilities Act and Age Discrimination in Employment Act. She is seeking reinstatement with adjustment in seniority, compensation for lost income and benefits and for expenses, personal damages, legal costs and punitive damages. Potential costs to Brookline could be high.

Since January, 2014, the Jenkins case has been in “discovery,” with documents exchanged and depositions taken. A status hearing is currently scheduled for 11 am on April 3. Judge George A. O’Toole, Jr., took over the case from Judge Joseph L. Tauro last May. Since Judge O’Toole is also handling the high-profile case of Dzhokhar Tsarnaev, accused of the 2013 Marathon bombings, the Jenkins case might be further delayed.

Union actions: In a memorandum to the Board of Selectmen, Ms. DeBow-Huang accused the union that represents many municipal workers in general services of piling up costs, by filing complaints of unfair labor practices with the state Department of Labor Relations. However, her list of cases did not sustain the claim. There were only four such cases listed. with estimated maximum costs about a quarter of the total.

In oral statements at Advisory, Ms. DeBow-Huang went on at length. “Frank Moroney” [a Brookline resident], she said, “is happy to spend a lot of money litigating against us…He has an open checkbook…Some employees went directly to him.” She claimed that Mr. Moroney’s outlook was, “We’re going to throw everything at the town…We’re going to make them bleed.”

Mr. Moroney is executive director of Council 93, for New England, of the American Federation of State, County and Municipal Employees (AFSCME)–with over 35,000 members. He began his municipal career in the Water Division of Brookline’s Department of Public Works. In 1971, he became the president of AFSCME Local 1358, representing many Brookline workers in general services. He left the Water Division seven years ago and joined the staff of Council 93 full-time, becoming executive director in 2012. Bruce Genest of the Planning Department is now president of AFSCME Local 1358.

Despite accusations from Ms. DeBow-Huang, her list of legal actions includes more from Fire and Police, a smaller workforce, than from employees in general services. The list distributed at the Advisory Committee meeting might be incomplete. At least one recent termination dispute, one other union action and one widely reported potential civil rights lawsuit may not correspond with cases listed.

Years ago, legal disputes between Brookline and its mostly unionized employees were fairly rare, but after Ms. DeBow-Huang became the Human Resources director they appear to have become more frequent. According to union leaders, she tends to state a “position” and does not seem willing to negotiate. The state Department of Labor Relations (formerly the Division of Labor Relations) can arbitrate if negotiations fail or grievances remain unresolved.

– Craig Bolon, Brookline, MA, February 13, 2015


Active employee actions involving legal services, Human Resources Office, Town of Brookline, January 21, 2015

Jenkins v. Brookline, case 1:2013-cv-11347, United States District Court for Massachusetts, filed 2013

Board of Selectmen: snow removal, employee friction and marathons, Brookline Beacon, February 4, 2015

Craig Bolon, Brookline’s workforce: signs of strain, Brookline Beacon, January 9, 2015

Annual Report, Massachusetts Department of Labor Relations, 2014

Human Resources program budget, Financial Plan, FY2015, Town of Brookline, Section IV, pp. 5-8

Board of Selectmen: firefighter Gerald Alston, Jr., speaking

Gerald Alston, Jr., an inactive Brookline firefighter and an African-American, was a potential target of a racial slur which had been left on voice mail by a supervisor in 2010. After Mr. Alston complained, that supervisor was sanctioned by a temporary suspension. About three years later, the supervisor was promoted. Mr. Alston’s complaints against Brookline’s handling of his case have appeared in the news before, notably in a Boston Globe article from August, 2013.

According to the Globe article, Mr. Alston said, after he complained, that he had been “ostracized” by others in the fire department. The article reported that he had filed a lawsuit against the town. At a meeting of the Board of Selectmen Tuesday, December 2, Mr. Alston came with a group of supporters–including Precinct 15 town meeting member Mariela Ames, Precinct 3 town meeting member Patricia Connors and former Precinct 6 town meeting member Arthur Conquest. They distributed to members of the public a two-page letter from Mr. Alston addressed to Kenneth Goldstein, the board’s chair, dated about a week earlier.

Neither Mr. Alston nor Brooks Ames, spouse of Mariela Ames and also present at the meeting, disclosed that Mr. Alston has not been active in the Brookline fire department, that his lawsuit has been dismissed at Norfolk Superior Court or that Mr. Ames has taken over as his legal representative–as the Boston Globe reported today.

During a “public comment” period, Mr. Alston spoke to the board. Board member Nancy Daly acted as chair, in the absence of Mr. Goldstein. Following is what Mr. Alston had to say, as best it could be understood from a video recording distributed by Brookline Interactive Group, leaving out only fillers and pauses in speech:


At Board of Selectmen, December 2, 2014, 6:30 pm, Town Hall, adapted from Brookline Interactive Group (with video timings)

6:42 pm (8.21) Gerald Alston: Let me…introduce myself. My name is Gerald Alston, Jr.–firefighter Gerald Alston, Jr. I’m coming before you, the board–first and foremost–to say that I have lost all respect, trust and anything whatsoever with your administration. I am coming before you to look at everything that I’ve presented and to ask that you bring in an independent contractor to…focus on the racism within the fire department–not the entire fire department, certain individuals–and how the town administration handled my situation.

(9.07) I’ve been on the job since 2002, and since 2002 I have not had any incidents until 2010. Since I spoke up and asked what the policies were in my case, I have been persecuted. I have been treated like trash. I have been disrespected by your administration–Sandra DeBow in particular–and I refuse to deal with her in any way, shape or form. [Sandra DeBow-Huang, the director of human resources]

(9.34) Nancy Daly: [I] asked people not to say [names]….

(9.37) Gerald Alston: OK.

(9.38) Nancy Daly: You can talk about the department.

(9.41) Gerald Alston: The department has a number of firefighters who are amazing and support everything that I’m saying, but there are a few in this department that are like cancer–who they are, I can’t point them out–because they’re cowards and hide behind a false smile and false respect. I’m asking you, as the town council, to bring in an independent entity to find out what’s going on and to fix it.

(10.16) I’m not the problem, but the town administration is making me the problem: making me have to jump through hoops just to keep my job, demanding that I take medication–because they feel I have some type of mental disorder or because I questioned what were they going to do about this situation. Now I have no faith in them anymore.

(10.42) The only…people I can deal with and request some kind of help [from] is you. This is as far as it’s going. I’m following…the necessary steps it takes. I’m not doing anything wrong. For this I think we need to find out what the problem is and to fix it. That’s all I’ve been asking, from day one…to just fix it. Thank you.

6:45 pm (11.11) Nancy Daly: OK, thank you.


– Beacon staff, Brookline, MA, December 6, 2014


James H. Burnett, III, Brookline firefighter asks selectmen to review department’s racial climate, Boston Globe, released December 6, 2014

Brookline Interactive Group, Board of Selectmen, December 2, 2014

Gerald Alston, Jr., to Ken Goldstein, Chairman of the Board of Selectmen, November 24, 2014 (two-page letter distributed to members of the public)

Brock Parker, Brookline firefighter sues town over alleged racial slur, Boston Globe, August 30, 2013

Brookline Public Library: December 10, local mystery writers (public event)

The Brookline Public Library is hosting a public event Wednesday, December 10, featuring four local writers of mystery novels. It begins at 7 pm in Hunneman Hall, upstairs at Brookline’s main library, 361 Washington St.

Hank Phillippi Ryan has been a radio and television reporter since 1971. Her first novel was Prime Time in 2000. Her seventh and most recent, Truth Be Told, appeared this year.

Hallie Ephron has published eight novels and three non-fiction books, including one on how to write a novel. Her most recent work, There Was an Old Woman, appeared in 2012.

Joseph Finder has been publishing mystery novels since 1983. His most recent book, Suspicion, is being produced as a video drama for ABC television.

Julia Spencer-Fleming published eight mystery novels between 2002 and last year. Her most recent is titled Through the Evil Days. She now lives in Portland, ME.

The event is billed as “Homicide for the Holidays,” but no weapons are allowed–only words. The event is also supported by the New England chapter of Mystery Writers of America and will serve as its December meeting. Following a panel discussion, audience members may ask questions.

According to Judith Vanderkay, a library trustee, attendance is free and open to all, but space is limited and early arrival is recommended. After the event, the authors will autograph copies of their books. Copies of each author’s most recent work are available at a 15 percent discount from Brookline Booksmith, 279 Harvard St., in Coolidge Corner. They will also be available for sale at the event on December 10.

– Beacon staff, Brookline, MA, December 5, 2014


Homicide for the Holidays, Public Library of Brookline, MA, December, 2014

Fall town meeting: bylaw changes, no new limits on marijuana dispensaries

Brookline’s 2014 fall town meeting held its first session Tuesday, November 18, working through 12 of 20 articles. A second session looks likely to complete the agenda. It starts at 7:00 pm Wednesday, November 19, in the High School auditorium, reached via the side entrance at 91 Tappan St. A summary of actions at the November 18 session, by article number, follows:

  1. unpaid bills–none, no action
  2. collective bargaining–two contracts approved
  3. budget amendments–$0.04 million allocated
  4. Cleveland Circle sewer abandonment–approved
  5. Cleveland Circle sewer rights releases–approved
  6. Cleveland Circle authorizations–approved
  7. gender identity and expression–bylaw amendments approved
  8. disorderly conduct–bylaw amendments approved
  9. noise control–referral rejected–no action
10. commercial recycling–bylaw amendments approved
12. marijuana dispensary zoning–referral rejected–article defeated
14. naming for Hennessey Field–approved through a substitute article

The high point of the evening was rejection of all three motions on Article 12, after a long and vigorous debate about new limits on locations for medical marijuana dispensaries. Sponsors failed to get even one-third support for their zoning amendment, which needed two-thirds to pass. Because of the defeat, they will be unable to take the issue back to town meeting for two years.

Medical marijuana: Under Article 12, Gordon Bennett of Davis Ave. and other petitioners proposed more limits on locations of licensed dispensaries for medical marijuana–adding 500-foot exclusion zones around day-care centers and places where “children commonly congregate.” The Planning Department had analyzed the proposal and prepared a map for the effects of Article 12. [Supplement No. 1, pp. 8 ff.]

In November of last year, after voter approval the previous year of a state law to allow marijuana distribution for medical use, Brookline adopted zoning to allow state-regulated dispensaries in general business, office and industrial zones. They require a special permit from the Zoning Board of Appeals. The boundary of a site must be at least 500 feet from the boundary of any school property. A building proposed for a dispensary may not contain a day-care center.

Mainly because of the large number and wide dispersal of day-care centers, the Planning Department found no eligible location left in Brookline with Article 12. Currently there are four: along Commonwealth Ave. near Pleasant St., in the Coolidge Corner area on and near Beacon St., in Brookline Village near the intersection of Washington and Boylston Sts. and in the Chestnut Hill area near the intersection of Boylston and Hammond Sts.

Starting with the Zoning Bylaw Committee, six boards and committees reviewed Article 12, all coming out in opposition. Seeing that, some supporters of further limits, led by Precinct 11 town meeting member Jennifer Goldsmith, proposed to refer the article to a special committee to be appointed by the moderator, Edward “Sandy” Gadsby. That would have prevented defeat, keeping the issues in play for future actions.

Led by Precinct 5 town meeting member Angela Hyatt, other supporters of Article 12 moved to add to the referral motion a moratorium on dispensary licensing, for about six months. That was fairly clearly outside the scope of the article, which concerns itself only with zoning. However, Mr. Gadsby allowed it to be debated and voted on, saying only that it was of “doubtful legality.”

Arguments at town meeting largely repeated those at nine full-dress reviews held by boards and committees. One new element came from Mr. Bennett, who revealed that his mother had benefitted from treatment with medical marijuana during a long illness–supplied by “a friend.” Town meeting was not persuaded. After an hour and a half of debate, Ms. Hyatt’s amendment was defeated by a large majority in a show of hands. The referral motion went down by 65-138 and the main motion on the article by 60-146, both using electronically recorded votes.

Noise control: Under Article 9, former town meeting member Fred Lebow tried to weaken Brookline’s noise control bylaw. It was exactly the same article that was rejected at this year’s annual town meeting in a unanimous vote of No on a main motion–a very rare event. Nevertheless, the Board of Selectmen proposed to refer Article 9 to a new Noise Control Bylaw Committee. They had previously appointed Mr. Lebow to the Naming Committee, which he chaired this year.

Mr. Lebow, an acoustic engineer, has wanted to make life easier for fellow engineers by exempting them from night-time work–instead, estimating night-time noise by adjusting the amount of noise measured during the day. Mr. Lebow’s article would also have completely exempted any leafblower from noise regulation that is not handheld or carried in a backpack. It would have legitimized use of European noise meters, which are calibrated to different standards from the meters that are now authorized and in common use in the U.S. Previously, Mr. Lebow had disclosed that he owns a European meter.

Precinct 6 town meeting member Tommy Vitolo, whose air-strikes sank Mr. Lebow’s article last spring, returned to the fray: “The article still stinks.” A referral proposal, said Dr. Vitolo, “won’t solve a problem.” Real problems with noise control, he said, don’t need “tinkering with language…Are there sightings of landscapers thumbing through town bylaws? I doubt it.”

Precinct 13 town meeting member Andrew Fischer seemed equally incensed. Article 9, he said, was an attempt to narrow the meaning of “leafblowers,” exempting some from regulation. Precinct 3 town meeting member Jane Gilman objected to both the article and the motion to refer it, saying, “This article is not worthy of our time…It is simply going to delay other business.” The motion to refer failed by a big majority, on a show of hands. No other motion was offered, leaving “no action” as the disposition of Article 9.

Hennessey Fields: Under Article 14, the town meeting was asked to designate the playing fields at Cypress Playground as Hennessey Fields. Because of objections to a 10-year duration specified in Article 14, the Board of Selectmen proposed a substitute article in a synchronous special town meeting warrant, making the designation permanent.

Precinct 2 town meeting member Stanley Spiegel and Precinct 6 town meeting member Robert Sperber reviewed the contributions to Brookline by the late Thomas P. Hennessey, the only person to have chaired both the Board of Selectmen and the School Committee–serving between 1969 and 1995. He had been a star athlete at Brookline High School. Both his father and his mother had also served on the School Committee.

Betsy DeWitt of the Board of Selectmen recalled chairing the Advisory Committee in 1994–while Mr. Hennessey chaired the Board of Selectmen–and working with him to organize Brookline’s first tax override. He was particularly effective, she said, handling conflicts and building coalitions. The naming article from the synchronous town meeting was approved 208-1, with only Precinct 12 town meeting member Harry Friedman opposed.

Union contracts: Under Article 2, town meeting reviewed union contracts with police officers and emergency dispatchers. Those involved over two years of negotiations, making significant changes but providing salary adjustments generally comparable to the ones for other employees. According to Sandra DeBow, the human resources director, Brookline is replacing the former state “Quinn” program for education incentives with a program that recognizes a much wider range of achievements.

Daniel O’Leary, the police chief, described the long negotiations, exchanging a 5-percent “senior step” in pay after 20 years service in return for “changing management.” The unionized, civil-service jobs of police captains are being abolished, as the four current captains retire. They are being replaced by management positions called “deputy superintendents.” Town meeting approved, in unanimous votes.

Cleveland Circle: Under Articles 4, 5 and 6, town meeting approved legal abandonment of long unused sewer connections through the development site at the former Circle Cinema in Cleveland Circle, and it authorized the Board of Selectmen to enter into tax and development agreements–all by unanimous votes.

Kara Brewton, the town’s economic development director, mentioned a partnership for this project that had been announced in business journals Monday, November 17. National Development of Newton Lower Falls will work on senior housing, while Boston Development Group will pursue hotel, office and retail at Cleveland Circle. Only the latter are planned on the part of the development in Brookline.

Other business: Sponsor Alex Coleman of Tappan St. described the topics of Article 7, adding gender identity and gender expression to Brookline’s protected classes. Responding to a question from Precinct 6 town meeting member John Bassett, Dr. Coleman said gender identity means “one’s sense of who one is,” and gender expression means “how you show the world what your identity is.” Town meeting unanimously approved the bylaw changes.

Under Article 8, town meeting approved changes to Brookline’s disorderly conduct bylaw proposed by Mr. O’Leary, the police chief, and Patricia Correa, an associate town counsel. They say the changes are needed to comply with state and federal court rulings. Their revisions seem to expect any would-be offenders will be experts in Constitutional law, saying “disorderly” will “only relate to activities that involve no lawful exercise of a First Amendment right.”

Under Article 10, Precinct 4 town meeting member Alan Christ had convinced the Board of Selectmen and Advisory Committee to honor longstanding promises of commercial recycling. Mr. Christ came in next-to-last in the 2014 town election but got in for the year by caucus when another town meeting member resigned. Moving on swiftly, Mr. Christ salvaged his article from referral limbo. [Supplement No. 1, pp. 1 ff.]

In last-minute prestidigitation, the Board of Selectmen tweaked Mr. Christ’s proposal, providing a one-year delay, putting the onus on property owners rather than business operators and allowing “temporary waiver” of recycling “for cause”–whatever that might mean. Town meeting gave the amended article unanimous approval.

– Beacon staff, Brookline, MA, November 18, 2014


Warrant report, November 18, 2014, town meeting, Town of Brookline, MA

Board of Selectmen: interviews and warrant articles, Brookline Beacon, October 16, 2014

Zoning Bylaw Committee: no new restrictions on marijuana dispensaries, Brookline Beacon, October 28, 2014

Board of Selectmen: Muddy River project, school construction and warrant articles, Brookline Beacon, October 29, 2014

Advisory Committee: no new restrictions on marijuana dispensaries, Brookline Beacon, October 31, 2014

Board of Selectmen: celebrations, personnel, programs, licenses

A triweekly meeting of the Board of Selectmen on Tuesday, August 12, started at 6:30 pm in the sixth-floor meeting room at Town Hall. There were no reports from departments or organizations. Meetings of the board have slipped from weekly to biweekly to triweekly during high summer.

Announcements: There will be no meeting Tuesday, August 19, or probably Tuesday, August 26. The latter might be scheduled if needed. Notices appear on the Calendar page of Brookline’s municipal Web site. There would be a notice by close of business Friday, August 22.

Weekly meetings of the Board of Selectmen resume Tuesday, September 2. A fall, 2014, town meeting is scheduled to begin Tuesday, November 18, at 7 pm in the High School Auditorium. The warrant opened Thursday, August 7, and it closes at noon Thursday, September 4.

Board member Neil Wishinsky will be Brookline’s representative to the Logan Airport Community Advisory Committee. The board appointed a building committee for renovations and improvements to fire stations 5 on Babcock St. and 6 on Hammond St.: board member Ben Franco, Building Commissioners Janet Fierman, George Cole and Ken Kaplan, Fire Chief Paul Ford and Deputy Chiefs Robert Ward and Mark Jefferson.

Board member Betsy DeWitt announced a neighborhood meeting scheduled for Wednesday, August 20, in the Harrison St., Kent St., Aspinwall Ave. and Kent Sq. area about a proposed 400-seat pavilion for Parson’s field. If interested, call the Brookline Planning Department for information, 617-730-2130.

Ken Goldstein, the chair, responded to a Boston Globe story saying that Kevin Fisher, the applicant for a medical marijuana dispensary in the Brookline Bank building at the corner of Washington and Boylston Sts., had falsely claimed on a state permit application to be a graduate of Youngstown State University in Ohio. Mr. Goldstein read a statement and said Brookline would conduct a thorough review of the local applications.

Celebrations and donations: The board celebrated the hundredth birthdays of Brookline resident Ethel Weiss of Harvard St. and former Brookline resident Roslyn London. Apparently the board did not know that Mrs. London had died just a day earlier.

Ethel Weiss has operated Irving’s Toy and Card Shop since 1938. She continues to tend the shop every weekday. She came to the meeting with Nancy Heller, one of her Precinct 8 town meeting members. Ms. Weiss thanked the board for good wishes. She said, “I’ve always found the people in this town to be helpful and kind.”

Ruthann Dobek, director of the Senior Center, said the number of centarians in Brookline is growing. In 2002 there were 26, she said, but the number is “now much larger.” The board accepted a donation of $500 from HC Studio of Station St. to support the Brookline Commission for the Arts.

Stephen Cirillo, the finance director, proposed a use for the Penny Savings Fund, created in 1948 by a former school principal and recently holding around $7,000, but inactive for many years. The purpose of the fund, he said, was to help poor people. Mr. Cirillo said he learned the background from former assistant treasurer and current Precinct 4 town meeting member John Mulhane. He proposed the fund be closed out and its proceeds donated to the safety net fund maintained by the Brookline Community Foundation, for similar purposes. The board agreed.

Personnel: Daniel O’Leary, the police chief, won approval to promote Michael Raskin to sergeant. Mr. Raskin joined the force in 1986, he said, and was formerly a sergeant in the patrol division. He lost the rank when he left in 2009 to join the National Emergency Management Association. He returned after about a year and a half to join the detective division, where he will now serve as a sergeant.

Anne Reed, the assistant library director for administration, got hiring approval to replace a reference librarian who recently died. Mr. Goldstein revived his typical request to “seek a diverse pool of candidates,” saying the library should “work with town personnel staff” on diversity. Mr. Cirillo received hiring approval to replace an office assistant who had taken a position in another town office. Lisa Paradis, the recreation director, got approval to hire a replacement for a recreation teacher who left for a job elsewhere.

Programs and contracts: Ms. Dobek and Gary McCabe, Brookline’s chief assessor, asked to raise the income limit on Brookline’s tax relief program for older property owners from $40.0 to $47.5 thousand. Participants can get up to $1,000 per year in tax reductions in return for up to 125 hours per year of work in town offices. The board agreed. A new program, funded by a $5,000 grant from Hamilton Realty, is to offer similar temporary employment to older residents who rent. The board approved.

Joe Viola, assistant director for community planning, received final authorization to process agreements for this year’s federal Community Development Block Grant, the federal FY2014 and the local FY2015 program. Brookline receives about $1.3 million as a legacy from the activities of the former Brookline Redevelopment Authority between 1958 and 1985.

Using block grant funds, the board also approved agreements for $0.05 million in Senior Center and $0.35 million in Housing Authority programs. The biggest elements in those are the Elder Taxi program and health and safety projects for public housing. Owing to sharp cutbacks in federal housing support, Brookline’s federal block grant has become a mainstay of Housing Authority maintenance.

The largest of several contracts up for review was $3.11 million with GVW of East Boston, to add classrooms at Lawrence School. The board approved the contract. According to the attorney general’s office, in 2009 George V. Wattendorf, the owner of GVW, was sentenced to fines, restitutions and probation for violating prevailing wage laws during school and public safety projects in Haverhill, Reading, Lunenberg, Lynn, Amesbury and Natick. GVW was barred for one year from working on public construction in the state.

Alison Steinfeld, the planning director, got approval to increase contracts with Touloukian of Boston and Edith Netter of Waltham related to reviews of the proposed Hancock Village 40B housing development. Little of what Ms. Netter did is on the public record, but so far it cost about $40,000. Ms. Steinfeld said it was “helpful,” and the board approved a request for $26,000 from the Reserve Fund, sent to the Advisory Committee. A budget showed $0.25 million allocated for outside services so far, with $0.026 million reimbursed by the developer.

Chief O’Leary received approval to accept a state grant of $0.02 million for computer storage upgrades. Peter Ditto, the engineering director, got approval of $0.14 million for contract road repairs and for $0.12 million in reimbursement requests to the state. Anthony Guigli, a building project administrator, got approval for $0.013 million to correct concealed drainage defects as part of the Town Hall garage renovation. The board approved an agreement with Patrick Farmer, a Shady Hill School teacher and Meredith Ruhl, a Simmons instructor, to occupy the historic Widow Harris house on Newton St. in return for rent, housekeeping and educational programs.

With little comment and no apparent consultation with the Climate Action Committee, the board approved agreements with Cadmus Group of Waltham and BlueWave Capital of Boston, related to potential solar electricity projects. Those firms had been promoted to Brookline town departments by the Metropolitan Area Planning Council, which previously promoted the now-shuttered Broadway Electric solar division. Luckily, Brookline did not try to do business with Broadway.

Jennifer Gilbert, former town counsel and a special counsel for Cleveland Circle Cinema redevelopment, proposed warrant articles for the fall town meeting to discontinue easements for long unused sewer connections that run through the site. The board voted to file one of these. As at a program review in July, Ms. Gilbert apparently sent documents late the same day, and copies of the article in the form being filed were not distributed to the public at the meeting.

Appointments: The board interviewed Anthony Schlaff for reappointment to the Advisory Council on Public Health. Responding to a question from board member Ben Franco, Dr. Schlaff said substance abuse remains a significant problem in Brookline and a concern of the council.

Nancy O’Connor, vice chair of the Park and Recreation Commission, was also interviewed for reappointment. She started saying by she didn’t “have anything exciting to talk about,” but the board became engaged. Ms. DeWitt asked about the recent design for the Ward Playground on Brook St. Ms. O’Connor described it as a “creative use of a very small space,” where the commission had to “hold back” on what to install. Mr. Wishinsky complimented the commission on “spectacular success” with the recently renovated Clark Playground on Cypress St. Ms. O’Connor said a key ingredient was balance, “It’s a dance.”

Permits and licenses: Haim Cohen applied for a common victualler (restaurant) license to open The Place Next Door on Harvard St. His family has run Rami’s, where he works now, for over 24 years, and the vacant, former Beauty Supply is what they called the place next door. He said he plans a kosher dairy restaurant–a rare bird outside New York City–where the menu is vegetarian. Mysteriously, he said it will be “glatt kosher.” As far as we’ve heard, ordinary vegetables don’t have glands. The project will take new construction and equipment. The board approved.

Rafael Pieretti of Newton applied for license transfers to operate Olea Cafe on Washington St. He plans modern Italian fare, with several varieties of bruschetta, panini and pasta plus wines and beers. There will be quite a bit of renovation. The board was skeptical that the proposed liquor manager had no previous experience, but she described the training she had taken and readily answered questions about procedures. The board approved.

– Beacon staff, Brookline, MA, August 13, 2014

Committee on Taxi Medallions: public hearing

The Committee on Taxi Medallions met Monday, July 28, starting at 7 pm in the sixth-floor meeting room at Town Hall: a public hearing on topics of concern to the committee. Only two of five committee members came: Chad Ellis, who chaired the hearing, and Amid El-Khoury. Checking in by telephone was Michael Sandman. Absent were Joshua Safer, the committee chair, and Jeremy Kushner.

A vote by the 2014 annual town meeting had referred Article 26, seeking to repeal the state authorization for sale of permanent taxi medallions, to a moderator’s committee. The referral took precedence over an amendment proposed by David Lescohier, a Precinct 11 town meeting member, to delay the submission of home-rule repeal legislation.

Echoes from town meeting: At the Monday hearing, Mr. Lescohier spoke first. He said that since a 2008 town-meeting vote to seek state legislation, Brookline had been “chasing the fantasy of windfall dreams” but failing to implement a program. Recent technology, he said, is leaving the taxi business “in a state of disruption and uncertainty.”

The current plan, Mr. Lescohier said, is “too risky and potentially unfair to the elderly and disabled, other Brookline taxi riders, the taxi companies and drivers, and environmental mitigation goals.” That reflects, he said, “an obsession to maximize…[a] medallion windfall, at all costs.”

For about a quarter of the current fleet of vehicles, Mr. Lescohier recommended “negotiations in good faith” leading to sale of “driver-owned medallions,” with payment “due at…[subsequent] sale or transfer…not at initial acquisition.” In line with recommendations of the 2007 Brookline Taxi Study prepared by Schaller Consulting, Mr. Lescohier said other taxis should continue to operate with annual licenses.

John Harris, a Precinct 8 town meeting member, was the main sponsor of Article 26, to repeal taxi medallions. Referring to “tiers” of fees now proposed for selling taxi medallions, he said the early years of the program would be “a temporary cornucopia, outsiders excluded.” Mr. Harris claimed medallions in Boston now sell for over $600 thousand, in Cambridge for over $500 thousand and in Somerville for over $300 thousand.

However, Mr. Harris asked, will “drivers get an opportunity to buy in? Once medallions hit the open market, the sky is the limit.” He expressed concern that high-priced medallions “would not create an opportunity for drivers [but] would actively thwart that.” A Harvard Business study found, he said, that in cities with taxi medallion systems fares average 11 to 25 percent higher than in cities without medallion systems.

Taxi company managers: Joe Bethoney, who owns and manages Bay State Taxi, the largest Brookline taxi company, said current competition was “unregulated and flush with cash.” Mr. Bethoney was obviously referring to mobile technology deployed by Uber, Hailo, Lyft and Sidecar. Medallions offered under reasonable conditions, he claimed, “will keep and attract quality drivers to Brookline.” He mentioned efforts to help drivers finance purchases of medallions and vehicles.

Mr. Bethoney emphasized special services that town-licensed taxis have been providing, notably the Brookline Elder Taxi System. That program is coordinated from the Brookline Senior Center and has strict income limits. According to Mr. Bethoney, it provides a few thousand rides a year at 50-percent discounts, for which the town reimburses half to taxi operators and taxi operators subsidize half.

Mr. Bethoney supports a medallion program but said the town’s current approach was “bad from the outset.” He contends the taxi business cannot afford high, up-front fees, such as Brookline now proposes. What he regards as a reasonable approach is for initial medallion owners to pay fees when medallions are subsequently sold. Potential revenue for the town would vary with the prosperity of the taxi business. That looks similar to what Mr. Lescohier supports. However, Mr. Bethoney proposes to cover at least 85 percent of the current taxi fleet, not 25 percent, and to maintain no annual licenses.

Matthew Mazzola, manager of Red Cab, said the Brookline taxi business has “been put on hold” by the long, drawn out discussions over taxi medallions–now seven years since the Schaller report of 2007. He favors a medallion system, saying it will “provide a well trod path to develop new resources” and “create new points of entry to the business.”

Darius Taveshi of Town Taxi complained. “People are slipping into our process,” he said, “who have never been involved.” Now, the “taxi industry in Brookline is dysfunctional.” A medallion system, he said, represents an “opportunity to create a better business model for the town.”

Taxi drivers: George Webber said he is a retired software engineer who has been driving a Brookline taxi since 1991. It was, he said, “very lucrative ten years ago for anybody who would put in the time.” Recently, with the new mobile dispatch competition, he said, “drivers have left.” However, he claimed, some are not getting a great deal. He said there are different pay rates for drivers with different experience.

With Uber in particular, Mr. Webber said, payments to drivers will “fluctuate with the time of day; the rates are auctioned. I wouldn’t do it.” He said that with online companies “there’s no record check, there’s no background check.” In the midst of unregulated competition, he said, “this summer is the toughest ever; I’m breaking even after ten hours of work.”

Donfred Gillies said he had been driving a Brookline taxi about ten years. He was eager to own a medallion and disappointed so far. Many drivers he said, would “lose faith in this process…If we had our own medallions, we could make money.” Another driver, giving his name as Franz, said he had been with Bay State Taxi for ten years. “In a changing world,” he said, “big businesses are shutting down. People want their own businesses to support their families.”

Town meeting members: Merelice, a Precinct 6 town meeting member, described a group of Boston taxi drivers who have been “exploring a co-op, sharing ownership and getting employee benefits.” Leasing taxis by the day, as in Boston, or by the week, as in Brookline, she said “drivers feel like sharecroppers.” Some people in Brookline “live in a bubble,” she continued, ignoring the fact that “most drivers are people of color.” Because the earlier Schaller medallion plan provided “no windfall for the town,” she said, it had been “shelved.”

Jane Gilman, a Precinct 3 town meeting member, said she had been “dismayed by membership of the committee [on taxi medallions]–not representative of a broad spectrum of opinions.” With high medallion fees proposed, she said, “how would taxi drivers service a loan? We should not advance the town finances on the backs of…day laborers.” Ms. Gilman urged the committee to “consider the pitfalls of putting money first,” saying “a lot of decisions…are not only bad but immoral. We are in a changing community…and need new thinking.”

Coping with reality: Except for Mr. Bethoney, neither taxi drivers nor managers spoke in detail about how they would cope with the practical situation of high-priced taxi medallions. It sounded as though many wanted to own them but few had planned how to buy them.

However, Mr. Bethoney of Bay State Taxi has a plan. He runs a credit business to help Bay State drivers buy homes and cars. Now, with participation from a local bank, he says he will help them buy taxi medallions. “I’m 70,” Mr. Bethoney said, “I’m done with the cab business…The era of the one and two cab owner is coming…It’s very hard to get credit for a medallion…I have 45 credit applications on my desk for a medallion.”

– Beacon staff, Brookline, MA, July 29, 2014

Will the Massachusetts supreme court let us repeal casino gambling?

September 13 of 2011 was a Tuesday but still an unlucky day for the state. That was when Gov. Patrick met with the two leaders of the General Court to cut a deal on casinos. Mr. Patrick got some concessions in return but sold out supporters who expected him to keep casinos at bay. Everything piled onto the deal after that day has been animal droppings.

Since New Jersey sparked a casino invasion in 1977 by legalizing gambling in Atlantic City, casino maggots have swarmed nationwide–notably in Connecticut and eastern Pennsylvania. In Massachusetts, it takes three to play: the governor, the House speaker and the Senate president. Until late summer of 2011, one of the three kept a can of Raid handy for casino maggots. Then Mr. Patrick caved and the casino deal was on.

A Winthrop-based organization, Repeal the Casino Deal (RCD), led by John Ribeiro, organized efforts to reverse the damage Mr. Patrick inflicted on the state. RCD collected over 90,000 signatures and validated about 70,000 of them to put a repeal question on the state election ballot this fall.

Currently blocking the group’s efforts is Attorney General Martha Coakley, a popular but unworthy candidate for governor. Ms. Coakley refused to certify the ballot question, essentially on grounds that, unlike casino maggots she favors, people of the state do not have constitutional rights. Ms. Coakley is reportedly advised by former Patrick administration Chief of Staff Doug Rubin, who has been working as a consultant and registered lobbyist for the gambling industry, assisting a casino operator and a manufacturer of slot machines.

RCD challenged Ms. Coakley at the Supreme Judicial Court. It has heard arguments and is expected to rule early in July. Meanwhile, since the General Court declined an option to enact repeal, RCD collected another 26,000 signatures and is validating and filing them.

As the Boston Globe recently disclosed, at least one member of the Massachusetts supreme court has longstanding ties to the gambling industry. As a “partner at McDermott Will & Emery in the 1990s,” Andrea Estes wrote, “[Justice Robert] Cordy represented the owners of Suffolk Downs,” which from 1995 to 1997 sought to open a slot-machine parlor. Owners of Suffolk Downs are involved in the pending case.

An upstanding judge with a partisan history of participation in legal issues will commonly recuse himself or herself from a case involving those issues or their beneficiaries. So far, Mr. Justice Cordy, a nominee of former Republican Gov. Paul Cellucci, has failed to do that. He risks being seen as dishonoring the courts.

– Craig Bolon, Brookline, MA, June 22, 2014


Frank Phillips, Ex-Patrick aide now lobbyist for gambling firm, Boston Globe, February 24, 2011

Noah Bierman, House Democrats to discuss gambling bill tomorrow, Boston Globe, September 12, 2011

State House News Service, Coakley says casino law repeal is not eligible for ballot, Gatehouse Media, December 8, 2011

Andy Metzger, State House News Service, AG rebuffs casino ban question, accepts 14 others, Cape Cod (Hyannis) Times, September 4, 2013

Frank Phillips and Jim O’Sullivan, Baker enters governor’s race, Coakley weighs bid, Boston Globe, September 4, 2013

Matt Murphy, State House News Service, Anti-casino advocates file injunction against Attorney General’s ballot ruling, Cape Cod (Hyannis) Times, September 11, 2013

Joan Vennochi, What does a casino share with Coakley? Boston Globe, February 13, 2014

Andrea Estes, Justice hearing casino repeal case tied to Suffolk Downs, Boston Globe, May 10, 2014

Associated Press, Anti-casino group collects enough signatures for ballot, Boston Herald, June 17, 2014

Casino gambling: who supports it and who opposes it?

So far, this year’s crop of candidates for state offices turned in a dismal performance on casino gambling. An initiative to repeal a Massachusetts law authorizing casinos brought the topic back to the front burner. Some candidates can’t take the heat and are trying to stay out of the kitchen.

Since at least the Revolutionary War, gambling has been a “fourth evil” for governments in the U.S., along with alcohol, tobacco and firearms–historically policed by a bureau of the U.S. Treasury but now by the Department of Justice. Unlike classic evils, for which the prescription became to tax and regulate, a common approach to gambling was to ban and prosecute, at least as written in the law books.

Anti-gambling laws were always hypocritical, with huge exceptions carved out for bingo, beano, horse racing and sometimes lotteries, and with enforcement that proved whimsical when not plainly corrupt. In the older states of the Northeast, there was at least a “bookie joint” for every urban neighborhood, often doing double duty as a tavern, as a barber shop or, in more recent times, as a pizza parlor. It was probably the small scale and ordinary character of these enterprises that kept fires banked instead of raging.

Like alcohol and tobacco–and, over the past century and a half, like recreational drugs–for some people gambling readily becomes addictive, wrecking careers and households. As with alcohol, tobacco and drugs, addiction becomes more likely as activity becomes more glamorous, intense, convenient and frequent.

The country’s engagement with Prohibition from 1920 to 1933–thanks to the former Anti-Saloon League–opened new opportunities for importers and home-delivery services. Those were quickly seized by criminal gangs–notably the Mafia, operating out of most large cities. Criminal gangs had long been running the “numbers racket” and “bookie joints.” Mastery of some illegal trades led to taking over another that became far more profitable, until the country came to its senses early in the Franklin Roosevelt administration.

With the end of national Prohibition and, over time, with the repeal of state and local “dry” laws, gambling resumed a role as the biggest source of Mob income. It became the everyday cash cow that helped to fund “loan-sharking” operations, “protection rackets” and “shakedowns” preying on local business. While there had been early, state-authorized lotteries, amid the post-Civil War campaigns against evils of alcohol and drugs, those lotteries were shut down before 1900, and stiff federal anti-gambling laws were enacted to keep them closed.

Light finally dawned in some dim corners of state governments during the 1960s. The insight was that a permanent state lottery could be a “win-win” proposition: to raise money for a state government and to take money away from criminal gangs and weaken them. New Hampshire, eager to avoid traditionally despised income and sales taxes, went first. In 1963, the state legislature authorized the New Hampshire Sweepstakes, using horse races at Rockingham Park in Salem as the arbiter of a lottery, to dodge federal anti-gambling laws of the time.

New Hampshire cities and towns had options, voted in a special election, to accept or reject local ticket sales. At first only 13 of then 211 communities chose to participate. That was enough to get started, and it was enough to get attention. New York followed suit in 1967, New Jersey in 1970. New Jersey created the first popular modern state lottery: large numbers of outlets, frequent awards and a high fraction of sales paid out in awards. The rule of thumb in “numbers rackets” had been 60 percent; New Jersey offered 70 percent.

Massachusetts followed a New Jersey pattern, starting sales in 1972 with 50-cent tickets, 70-percent payouts and weekly awards, arbitrated by drawing numbers from a tub at a public event. Then and now, tickets have typically been sold in small “convenience” grocery stores. Although local “numbers runners” maintained some business for a while, providing confidential services, they dwindled. Within a few years, the largest source of criminal income had collapsed, and the Mob became increasingly vulnerable to law enforcement.

The Massachusetts State Lottery had a dark, founding genius in Robert Q. Crane, a Democrat and former state representative who served as state treasurer from 1964 to 1991–by statute the Lottery Commission chairman. In 1974, during Mr. Crane’s watch, the Lottery introduced an original “product”: the so-called “scratch ticket.” At first, The Instant Game proved unpopular. Gamblers learned it paid out only 30 percent of sales as awards, most just a dollar or two.

In 1979, the Lottery Commission hired a new marketing manager, James “Jimmy” O’Brien–more recently at Scientific Games International near Atlanta, GA. Mr. O’Brien raised the payout percentage and used the added outlay for mid-range awards, $40 to $100. There were enough of them to generate a “buzz,” according to former Washington Post columnist David Segal. Mr. O’Brien doubled the number of retail outlets, mainly by allowing retailers to pay for tickets after they had been sold rather than in advance.

Mr. O’Brien also began “scratch ticket” promotions, including entertainment themes and holiday themes. Those changes attracted much more gambling. Ticket sales grew from $54 million in 1980 to $1.6 billion in 1995. “Scratch ticket” sales have now reached around $3 billion a year–more than two-thirds of state lottery revenue–although growth slowed during the past decade.

Mr. Crane and his successors as treasurer focus almost entirely on the “top line” of gambling: the state’s net income, sales revenue less direct expenses. They fail to weigh the hidden costs–personal, social and financial–from gambling addiction. Those include heavy impacts from family disruption and increased crime, as well as acute medical care, mental health services, substance abuse services, unemployment insurance, child protective services, domestic abuse services, public safety and prisons.

Profs. Earl L. Grinols (U. Illinois) and David B. Mustard (U. Georgia), well known as experts on social economics of gambling, have shown that hidden costs from gambling addiction are often at least three times the total benefits realized by states from gambling. When a state sponsors more gambling than it takes to suppress criminal gangs, the state loses rather than gains. Huge hidden costs paid by residents for increases in gambling absorb much more than the employment and government income provided by gambling operators.

Casino promoters tout job gains, but those can easily be outweighed by hidden job losses. As gamblers divert funds that would have been spent on ordinary goods and services into relatively high casino profits, ordinary businesses cut staffing or fail to grow it. The higher the profit margin of a casino becomes–often through monopoly licensing–the more likely the overall effect of the casino will be to reduce rather than increase total employment in its market area.

Flush from the “success” with the first popular modern state lottery, in 1977 New Jersey authorized casino gambling in Atlantic City. Since the nineteenth century, that had been a domestic industry limited to Nevada. Within Nevada, gambling addiction and its precursor, so-called “problem gambling,” were somehow tolerated as burdens borne to support the state’s unique industry. New Jersey provided a new lure into gambling for the far more populous states of the Northeast.

Casino gambling is the most intensive form of gambling now allowed in the U.S. and has the most potential to stimulate addiction, although so-called “gaming parlors” with slot machines and the newer video machines are also highly hazardous. As the Massachusetts development of “scratch tickets” shows, gambling promoters usually see themselves as business people rather than moral lepers. Like marketers of tobacco, they scheme and labor over ways to attract people into habits likely to harm them. Despite some pretentions, they are clearly unconcerned.

Gambling addiction is a major financial advantage to casino operators. As Prof. Grinols showed in a book published in 2004, around half of casino-gambling revenue typically comes from addicts and “problem gamblers.” Without that income it would likely be unprofitable to run luxurious casinos. Experience has shown that fairly plain state lotteries are enough to choke off gambling revenues from flowing to criminal gangs. There has been absolutely no valid social reason to allow gambling casinos.

Facts and reasoning about casino gambling appear to mean little or nothing to many of this year’s candidates for Massachusetts state offices. Consider those running for governor. The only vocal opposition to casino gambling comes from Dr. Donald Berwick, originally a pediatrician in family care and now a professor at Harvard Medical School–considered at best a long shot.

Among the other Democrats, Martha Coakley, now the attorney general, personally blocked from this fall’s election ballots an initiative to repeal the state’s casino law. She is being challenged in the state’s Supreme Judicial Court. Like his predecessors since Mr. Crane, Steven Grossman, now the state treasurer, has become a gambling promoter. He sounds oblivious to huge social costs caused by increasing state income from gambling.

Republicans are not encouraging. Charles D. Baker, Jr., former head of Harvard Pilgrim Health Care, looks likely to become the nominee. He says maybe Massachusetts should allow only one casino rather than three. Some other candidates have kept quiet on the casino gambling issue. However, Democrats Juliette Kayyem and Joe Avellone and Independents Evan Falchuk and Jeffrey McCormick are on record as supporting casino gambling.

Democrats seeking to replace Martha Coakley as attorney general differ on casino gambling. Warren Tolman, a former state senator from Watertown who sought the Democratic nomination for governor in 2002, is on record as supporting casino gambling. Maura Healey, a former assistant attorney general supervising consumer protection, fair labor, ratepayer advocacy, environmental protection, health care, insurance and financial services, civil rights and antitrust, opposes casino gambling and has been making her opposition to casino gambling a campaign issue.

– Craig Bolon, Brookline, MA, May 9, 2014


Edmund Mahony, [Former, jailed New England Mob boss Raymond "Junior"] Patriarca pleads guilty but denies Mafia tie, Hartford Courant, December 4, 1991

Dong Kwang Ahn and Elizabeth Cardona, Massachusetts State Lottery revenue distribution, Interoffice memorandum to Massachusetts Gov. Deval Patrick, May 10, 2010
“Currently the Massachusetts State Lottery is regressive because poor constituents spend a higher proportion of their income on lottery compared to higher income consumers….”

David Segal, Gambling’s man, Washington Post, February 15, 2005

Earl L. Grinols, III, and David B. Mustard, Business profitability versus social profitability: evaluating the social contributions of industries with externalities and the case of the casino industry, Managerial and Decision Economics 22(3):143-162, 2001

Earl L. Grinols, III, Gambling in America: Costs and Benefits, Cambridge University Press, 2004 (in PB, 2009) See pp. 175-176 (in PB) summarizing social benefits versus social costs.

Shirley Leung, Gubernatorial candidates reflect on casino law, Boston Globe, December 4, 2013

Carolyn Robbins, Candidates Maura Healey and Warren Tolman differ on state casino law, Springfield Republican, April 16, 2014

No news is bad news

The Boston Globe, for about the last 50 years New England’s leading newspaper–following collapse of the old Herald and retrenchment at the Courant–continues to cheapen its products while raising its prices.

Over the last few years, the Globe switched off its once sturdy reporting on health care. Even though it continues to list talented reporters on staff, there are rarely any articles from them and almost none of substance. Although a significant article by young reporter Carolyn Johnson continues to appear once in a while, science reporting–never a Globe strength–has been wedged into a crevice inside “technology,” itself a branch of “business.”

As of mid-April, 2014, New England news totally disappeared from both the Globe’s free site and its paid site. Now “health” is just a feature of “lifestyle.” Chelsea Conaboy, who came to the Globe from the Philadelphia Inquirer less than three years ago to coordinate health-care news, has left for the Portland, ME, Press Herald. Science lost a place in the banner headings. Lapse of New England news, typically dozens of articles a day, is especially grievious, because there has been no comparable source of reports on the region.

Actually, some New England news is still available at the Globe, but “you can’t get there from here.” It’s grouped with pages of the free site, but there aren’t any links on those pages to bring it up. Instead, you need to know the full, Internet locations of all the pages–and maybe bookmark them. They are:
  • Connecticut, http://www.boston.com/news/local/connecticut
  • Maine, http://www.boston.com/news/local/maine
  • New Hampshire, http://www.boston.com/news/local/new-hampshire
  • Rhode Island, http://www.boston.com/news/local/rhode-island
  • Vermont, http://www.boston.com/news/local/vermont
Previously there was a Massachusetts page, but all it ever showed was a few college sports scores. Cape Ann, Cape Cod and southeastern, central and western Massachusetts remain terrae incognitae to the Globe. As of mid-April, 2014, what all the above pages actually show is the same “news lite” as the “local” page.

These developments are hardly surprising. The historic “tiny” Globe–from the 1870s through the 1950s–was usually pedestrian when not blinkered. It often treated anything much beyond Brookline, Cambridge, Somerville and Chelsea as though located somewhere on the fringes of the universe.

A slightly more cosmopolitan Globe, after Harvard grad Tom Winship succeeded his dad Laurence as chief editor in 1965, pushed horizons out to around Route 128. However, the Globe’s moldy standards of local reporting proved little changed. A 1974 “empty parking space” reserved for former Secretary of State Jack Davoren at the State House comes to mind. It was actually photographed on a Sunday. The Globe editors had to know that was a fake event, but apparently they had their agendas.

In particular, the younger Winship seemed to hate former Gov. Dukakis, a fellow Harvard man, for a few years, with predictable results. After he retired in 1984, Winship expressed what came across as remorse about helping Dukakis lose to Ed King in the 1978 primary. The Globe did boost King down the skids by reporting on “lobster lunches” King favored–at taxpayer expense–helping Dukakis return to office in 1982.

The Boston Globe has been ailing for years before and since the Taylor trust sold it to the NY Times in 1993–under a succession of clueless editors, ineffective at coping with electronic news: Michael Janeway, Jack Driscoll, Matthew Storin and Martin Baron. It was only a near-monopoly during the age of paper that propped up an erratic and faltering institution. Once Internet news became popular after the 1990s, the gates began to close.

Brian McCrory, a native of Weymouth, was named chief editor of the Globe in December, 2012. He has been a Globe reporter, then a columnist, since 1989. He has yet to put a distinctive stamp on direction and content; it’s too early to tell whether he will help restore the Globe to a modicum of health. So far he presided over slashing health-care news, ending New England news and decorating the online sites with more gadgets and pictures.

One of Mr. McCrory’s columns in 2011 advocated charging a subscription fee for the Globe’s online edition. That seemed an unpopular view among the news staff, but it was more-or-less what Globe management did shortly afterward–setting up a separate paid site and gradually moving content from the free site to the paid site. Early reports indicated few subscribers. Shortly before the NY Times sold the Globe to Red Sox owner John Henry in August, 2013, Globe circulation reports became opaque, but they are apparently double-counting online subscribers who are also print subscribers.

– Craig Bolon, Brookline, MA, April 15, 2014


On the Move, Portland (ME) Press Herald, March 16, 2014

Jon Chesto, Boston Globe’s new circulation report underscores challenges in transitioning from print to digital, Boston Business Journal, November 1, 2012