(6/25/07)  The Select Board met Wednesday, June 20th, at 6:15 p.m. in the Middle School music room, prior to Town Meeting.  Gerry Weiss, Hwei-Ling Greeney, Rob Kusner, Anne Awad and Alisa Brewer ewer present, as was Town Manager Larry Shaffer.

Public Comment

Bill Elsasser said he appreciated the speed with which a pothole near the Farmer's Market was filled after he brought it to the Town's attention.

New Bus Stops

Mr. Kusner said that the new routing of the Belchertown Express bus route through Echo Hill necessitated the addition of four new bus stops on the opposite side of the road from four existing stops, because the bus route will now run in both directions.  The vote to approve authorization of the new bus stops was 4 in favor, 1 abstention, with Ms. Greeney abstaining.  She said she had not had the chance to visit the new bus stop locations.

Walpole 40B letter

Mr. Weiss said this had been on the agenda in anticipation of a report from the Housing Partnership/Fair Housing Committee, but that the committee had not yet met. 

Article 33 – Energy Conservation and Dark Night Sky

Ms. Awad said that she and former Select Board member Eva Schiffer had worked on night sky issues in the past.  Ms. Awad said that the concept is not a radical one, and that New York has statewide regulations on the issue and other communities in Massachusetts have addressed it as well.  She said she had been puzzled by the quick negative response to Article 33, which she said required downward-casting light fixtures to be used in commercial new construction and renovations.

Mr. Weiss said that Town Counsel had concerns about the article, that it was incomplete and not in proper legal form for adoption.  Ms. Awad suggested that it be referred to the Town Manager, so that it might be crafted along the lines of similar regulations in other communities.  Mr. Weiss noted that the Town Commercial Relations Committee (TCRC) had concerns about it as well, which could be addressed by the Town Manager's consideration of the issue.  Mr. Shaffer said he would have Planning Department staff look at the bylaws and ordinances of other communities to see what the best practices are on this issue and would work to have it completed by fall Town Meeting.

There was discussion about the nature of Town Counsel's concerns, and about individuals and groups with an interest in dark sky and energy conservation issues who might be consulted in the crafting of an improved article.  Mr. Kusner said he would like to work with the Town Manager on the issue and encouraged other members to do so as well.

Ms. Brewer said she would vote against referral and thought the article should be defeated in its current form.  She noted legal concerns about its details and concern about prioritizing it for fall.  She said that the timeline suggested that this issue was more important than other work that needed to be done, and that it wouldn't allow for the necessary input from other groups. 

Ms. Awad agreed about the timing issue and said that next spring would be fine.  She said that it wasn't just the specifics of the Article 33 proposal that should be considered, but rather night sky issues in general and what Amherst should be doing on that topic.

Mr. Kusner said that dark sky issues aren't only important to those interested in astronomy, but that they are important for human health and the health of other species. 

Mr. Weiss said he agreed that there was much to be done on the article and that it could wait until spring, and said that even if the article were to be defeated, the Select Board could ask the Town Manager to look into it.  

Mr. Weiss confirmed that there was no timeline included in their recommendation to refer, and Ms. Awad suggested that they might receive an informal progress report in the fall.  The vote to recommend referral of the article to the Town Manager was 4 in favor, 1 abstention, with Mr. Kusner abstaining.  He said his abstention was based on his wanting the issue to be addressed as soon as possible. 

Next Meeting Time

Mr. Weiss said they had a light agenda for the June 25th meeting and asked if members might prefer to start that meeting later, or to start at the same time and be done earlier.  It was determined that the meeting would begin at 6:30 p.m.

Article 27 – CPAC North Amherst APR

David Ziomek, Director of Conservation and Planning, explained that the 45+ acre North Amherst parcel off of Route 116 has been targeted as a highest-priority for preservation by the Town for at least 15 to 20 years.  He said the soil had been tested and rates as prime, and that the parcel passes all the State requirements for the Agricultural Preservation Restriction (APR) program.  He called the State's first-step nomination vote on the parcel “resounding,” and said the final vote was expected in Boston the following week.  He said the full cost of the APR, based on the land's appraised value, was $450,000, and that the Town's share of that was $90,000, 20% of the total.  He said that two exclusions had been negotiated with the landowners, Cinda Jones and the Cowls Lumber Company:  a 2.5 acre parcel off Meadow Street, where the former auction barn stands; and a 1-1.2 acre parcel on Rout 116.  He said the exclusion allows the auction barn piece to be developed for future taxable commercial use, which he said was mutually beneficial for the Cowls family and the Town.  He said the smaller piece might make for a scenic highway pullout with signage and Chamber of Commerce information, and that options for that piece were being explored with the owner.  He said the two most useful parts of the land had been carved out as exclusions, and that the potential uses were limited on the rest of the property due to zoning and environmental regulations which he said was reflected in the appraisal.  He said there was a 100-foot no-build zone around the river, governed by the Rivers Protection Act, with a 200-foot Conservation Commission discretionary zone, as well as Flood Prone Conservancy and Farmland Conservation overlays, which he said severely limit the development potential.   He said the appraiser found the most value in a piece zoned Outlying Residential, which the owners had a deeded right to access from the 1960s when Route 116 was built.  He said the APR would preserve prime soil farmland.

Nicki Robb of the Conservation Commission said that body was enthusiastic about the preservation of this parcel, and unanimous in their vote of support.  She said the land has been actively farmed for nine generations, and this APR will make it possible to continue that farming in perpetuity.  She spoke of the value of the Mill River, which runs through the parcel, and its importance for fish, birds and large mammals, and said that Conservation Commission supported the APR “100%.”

Ruth Hazzard, Chair of the Agricultural Commission said that body was also unanimous in its support and recommendation.  She said they had toured the property and been impressed with its size, its flat land and prime soil.  She said many local farms are small and difficult to manage, but the characteristics of this piece made it easy to grow a lot of crops and allowed easy access for large farming equipment.  She said there is no place in the State like that intersection of contiguous, actively-farmed land in Amherst and Hadley, and said it would be sad and would change the character of the landscape to have part of that land be developed. 

Vince O'Connor of the Community Preservation Act Committee (CPAC) said that body was also in support.  He said the vote had been 5-0, with some members absent, but that he wasn't aware that any absent members opposed the recommendation.  He said that the appraisal process had worked well, and that the original appropriation recommendation had been for $150,000, as a conservative estimate, and that it was fortunate to have the appraisal come out with Amherst's share at $90,000 instead.

Mr. Ziomek said that Part A of the motion would be to appropriate that money; that Part B would be a borrowing authorization for the State's portion, should the process require that money sooner than the State provides it.  He said that was not anticipated, but that it was standard to have such language in the motion.  He said that Part C authorizes the Town to co-hold the APR with the Commonwealth of Massachusetts, and he said that is standard with all Amherst's APRs. 

Mr. Kusner and Mr. Ziomek noted that the borrowing under Part B could only occur after notification of the awarding of the grant, and that the wording had been approved by both Town Counsel and a bond counsel. 

Mr. Shaffer congratulated Mr. Ziomek on his hard work on this issue, and said it was an example of following the right procedure and proper sequencing, and that he was delighted all the pieces had fallen into place.

The Select Board voted unanimously in three separate votes to recommend parts A, B and C of the article.

Mr. O'Connor said that Part C was necessary for CPAC money, and compared it to similar requirements that the Town hold Historic Preservation,, Affordable Housing or Open Space designations on other CPAC-funded projects.  Mr. Kusner said it also provided another layer of protection for the land, because both the Town and the State would have to agree to make any change.

Ms. Greeney asked if the Town, as co-holder of the APR, was required to farm the land.  Mr. Ziomek said that was a good question, and said that a key point about APRs is that the land remains in private ownership, and thus remains taxable.  He said that the APR purchases the land's development rights in perpetuity.  He said the Town has an obligation to work with the Commonwealth to uphold the APR's terms, such as helping the owner to know where on the land a structure could be located.  He said APR land remains in private hands and is not owned by the Town, which he said was unlike the situation with watershed, conservation and recreation land.  He said the landowner can farm the land or lease it out or sell it, but that the APR follows the land in perpetuity.

Article 28 – CPAC South Amherst APR

Mr. Ziomek said that his recommendation was that Article 28 be referred back to CPAC.  He said that he had hoped all the due diligence on the property would be completed in time for this Town Meeting, but that factors out of the Town's control did not allow that.  He said nothing had gone wrong with the plans, and that it would be brought back in the fall.

There was discussion about CPAC having voted in support of the original article, but having not met to vote on referral, and details of when and how Mr. Ziomek had discussed referral with the CPAC Chair.  There was a question about whether CPAC appropriations can occur on the fall warrant, and it was confirmed that they can. 

Mr. Ziomek described the location of the land in question as being off of South East Street, north of Potwine and going back toward the Lawrence Swamp.  He said it was approximately 38 acres, and that he would provide more details in the fall.

The vote to recommend referring Article 28 back to CPAC was unanimous.

Continuation of Article 33 Dark Sky Discussion

Mr. O'Connor, who had not been present during the earlier timed agenda item discussion of his petition article for energy conservation and dark night sky, said that he hadn't received the Town Counsel's opinion on it yet.  Mr. Weiss said that he had given it to Mr. O'Connor, and had mistakenly thought that what he gave him was incomplete, but it was not, so Mr. O'Connor has had Town Counsel's full opinion.  Mr. O'Connor was told that the Select Board had voted to recommend referral to the Town Manager for next Spring, and Mr. O'Connor said he would bring the article back again himself in the fall.   The members assured Mr. O'Connor that there was strong support for his concept and urged him to work with the Town Manager on the plan.  Mr. O'Connor said he would amend his motion for that evening to address some of the Town Counsel's concerns.  He said that if it were to be referred back, he would work with the Town Manager or might bring it back in the fall, and said the process needs to move forward.  He said that articles being brought by members of the public shouldn't “be pushed aside by the concerns of, I think, one very prominent staff person,” and said he felt “this is getting to be a little ridiculous.”

Select Board Summer Meeting Schedule

There was discussion about which meetings the Vice Chair gets to help set the agenda for, and Mr. Kusner was concerned that he would be away during some of the time that was supposed to fall during his Vice Chair period, and wanted to make up for that.  Ms. Awad said that doing so would take away from her Vice Chair period, and said that there is much opportunity for members to participate in agenda setting, despite their not holding the Vice Chair position.  Ms. Brewer said the current system doesn't make sense and should be reexamined.

The Select Board unanimously voted to meet on the following dates:

July 9th, Jul 23rd, August 1st, August 13th and August 27th.

Committee Appointments

The following reappointments were recommended:  Dan Kaplan to the Conservation Commission, Susan Pynchon to the Planning Board, Edith Byron to the Amherst Cultural Council, Ruth Hazzard to the Agricultural Commission, Flo Stern to the Personnel Board, Jeff Blaustein to the TCRC. 

Ms. Awad asked about Ms. Byron, who has already completed two three-year terms on the Cultural Council.  Mr. Kusner said that she is the Chair of that committee, that she indicated a willingness to serve one more year, that there were not a large number of applicants seeking to join that committee and there was a risk of lacking enough members for a quorum, and that her experience was useful for that committee.  He said that given those circumstances, extending her term seemed reasonable.

Ms. Awad said she was concerned about using someone's value to the committee as a reason to go against the two-term, six-year guideline.  She said everyone who has served on a committee for that long is invaluable, and people hate to seem them go, but that turnover is necessary for bringing in fresh blood and new energy.  She said that the Select Board and the committees need to work to find new people for these positions.  She said that having noted these concerns, she would reluctantly support the recommendation.

Ms. Brewer said she had three questions: 1) if the two-term policy was written down and incorporated into the Citizen Activity Form or elsewhere, so that people would know that is the expectation; 2) if the Town Manager or other appointing authority receives some indication about a person's first term of service, in case there are issues that would suggest against reappointment, or whether the person is simply entitled to a second term if they want it; 3) whether those being reappointed are as familiar with the Open Meeting and Conflict of Interest laws as those elected or being appointed for the first time. 

Mr. Kusner said the two-term policy was not a hard and fast rule, but a preference.  He said Ms. Brewer's third question about informing reappointments about the relevant laws was a good one and that there could probably be a way to make that happen.  Regarding the second question, he said it is tough and counsel might be helpful.  He said that generally if someone has been an active participant, they are contacted to see if they want to serve again without prejudice.  He said that perhaps if someone has not been able to serve fully, they might be told “thank you” and not asked to serve again.

Ms. Greeney asked if any of the nominees for reappointment had already served two terms and on two boards. and said that she prefers to have the CAFs for nominees in her packet to ponder and so that she might call the appointment clerk to ask questions.

Mr. Kusner said that they don't typically circulate CAFs for reappointees, and that currently those people don't have the new electronic forms, although with Ms. Brewer's suggestion about ensuring that they are aware of relevant laws, that might change.  He noted that they had already discussed the situation of Ms. Byron's situation of having already served two terms.

There was more discussion about the details of what information is in the Select Board packets and what is on their motions sheets, and whether the Town Manager's reappointments should be kept separate from those of the Select Board.  Ultimately, all nominees for reappointment were approved in a vote of 4 in favor, one abstention, with Ms. Greeney choosing to abstain.

Mr. Kusner said that for major appointments that require Select Board approval, he would like to know about them earlier so that he might meet with the people as well. 

Resolution of the Meadow Street Legal Case

Mr. Weiss said he would ask the Moderator to let the Town Manager speak about the resolution of the Meadow Street case, because it had been a Town Meeting issue, and he said that most of the information in the press had been negative.  He said it would be good to inform Town Meeting of where the issue stands.

Mr. Kusner said he was concerned that discussion might negatively impact the North Amherst APR parcel which is in close proximity to the Meadow Street land. 

Ms. Brewer said that she would have appreciated such updates as a Town Meeting member, and suggested mentioning the recent resolution of the HAP affordable housing lawsuit as well.  She said that having updates and closure on issues would be helpful.

Ms. Awad said she didn't think that the Meadow Street situation would negatively impact the APR.  She said it was important for Town Meeting to know that their action won in an important and precedent-setting court case, and she said that press coverage about Town Meeting's action had been negative. 

Mr. Shaffer said he would be happy to address Town Meeting on the subject.

The meeting adjourned at 7:48.  The next Select Board meeting is scheduled for 6:30 p.m. on Monday, June 25th in the Town Room at Town Hall.

-- Stephanie O'Keeffe