(7/10/07)  The Select Board met at 6:30 p.m. on Monday, July 9th.  Gerry Weiss, Rob Kusner, Anne Awad and Hwei-Ling Greeney were present, and Alisa Brewer was absent.  Town Manager Larry Shaffer was also present.

Opening Remarks

Mr. Weiss announced that the ZBA had granted a Special Permit to the Sun Ethanol Company for a laboratory and light manufacturing of scientific products at 101 University Drive.  He said that would interest those supporting new economic development.

Mr. Weiss also wished a happy anniversary to Mr. Shaffer, who has just completed his first year as Town Manager. 

Mr. Weiss announced that the scheduled agenda item about the report from the Emergency Homelessness Task Force was postponed to some future date when more of the Task Force members were available to attend.  Mr. Kusner requested a brief discussion of the topic anyway, but Mr. Weiss declined, saying that it would be time-consuming to have such a discussion now and again when the item is rescheduled.  Mr. Kusner urged the Board to read the Task Force's majority and minority reports with great care.

Ms. Greeney apologized for having misspoken at the previous meeting about the Gazette only publishing one side of the story about Rod Francis' recent Planning Board resignation.  She said she hadn't realized that another article had appeared with comments from the Town Manager.

Public Comment

Bob Ackermann spoke about the Emergency Homelessness Task Force report, because he wasn't sure he could attend a future meeting on the subject.  He said that he thought the Select Board should not accept the majority report.  His key points were:  that he had expected a better process and a better report from those who made up the Task Force; that the members had failed to fulfill their charge of evaluating the overall homelessness situation in Amherst; that the members had spoken with agencies serving the homeless but had not spoken with any homeless people; and that he believed the minority report was more accurate than the majority report.  He said that for the Select Board to accept the report would be akin to making it the official Town position that there is not a problem with homelessness in Amherst.  He said he would write up his remarks and submit them to the Select Board so they could be considered in the future discussion of the topic.

Ms. Greeney said she wanted to be present for the postponed discussion, and requested that it be scheduled for August 1st or later.

Vince O'Connor gave a report on a public hearing that had occurred earlier in the day at UMass, with a crowd he said numbered 75 to 100, and included 10 to 12 legislators.  The issues included sustainable farming, the labeling of genetically modified seeds, and genetically modified food and pharmaceutical crops being grown in Massachusetts.  He said he would try to get copies of the remarks for the Select Board to review and suggested that they add comments to the record of the hearing.

Public Hearing – Placing Conduit along Hitchcock Road

Tom Davies, Director of Design and Construction at Amherst College, presented plans for running plastic conduit for data wiring along the south side of Hitchcock Road, to the College's athletic fields.  He said that abutters had been notified about this project and all the improvements to the athletic fields.  He said that the conduit work would take about a week and would probably be done by the end of August. 

The Select Board voted 4 to 0, with one absent, in favor of approving the permit for the conduit work.

Continuation – Public Comment

Bill Elsasser offered his apartment as an emergency homeless shelter during the winter.  He said he might not be attending Select Board meetings any more, and that he might be done cleaning up the downtown, and wasn't sure how long he would be remaining in Amherst.

House Bill 60 Update – State Representative Ellen Story

Representative Ellen Story said she was surprised that this bill had received so much negative attention.  She said that legislators often need to vote on things they know little about, and that she relies on the opinions and endorsements of trusted legislators and advocacy groups to guide her votes in such instances. She said many of those were among the supporters of this bill, citing Representative Jamie Eldredge, Representative Tom Stanley, Mass Audubon, The Environmental League of Massachusetts, Massachusetts Municipal Association and Judith Eiseman.  She said that Representative Eldredge wanted to keep developers from turning the Fernald School site into McMansions or luxury condos, and that Representative Stanley wanted to keep Home Depot from putting a store on surplus land on Route 2.  She said the goal of the proposed bill is to put the disposition of surplus land back in local control, and that it represents a compromise that had been worked on for two years.  She said that most surplus land isn't being dealt with now and that the current Chapter 7 situation is unworkable. 

Vince O'Connor talked about the importance in the current procedure of not having surplus land disposed of until a re-use plan has also been accepted.  He suggested that the bill should distinguish between smaller and less valuable pieces of land which might get “fast tracked” disposition, while more valuable and controversial pieces would require significant community input for a re-use plan.  He said municipalities should not have to pay for the surplus land they acquire because they have long been inadequately compensated with payments in lieu of taxes (PILOTs) for the services they have provided to the property. 

Ms. Greeney asked if members of the audience who had expressed concerns about this previously should have the opportunity to now address those concerns to Representative Story.  Mr. Weiss said that this was not a public hearing on the topic, and that people should contact Representative Story directly.

Mr. Kusner asked how the public can contact Representative Story with their opinions on this and other matters and how the legislative process works.  Representative Story said that people can call her at home at 256-6300, write, call or e-mail her in Boston, or attend her monthly office hours at the Bangs Center.   She said that the bill in question had not yet had a hearing, and that at such a hearing, concerns would be raised and then be considered by the legislative committee.  She said that if the bill makes it to the floor of the committee for a vote, it would either get an unfavorable vote, and thus be finished for that two-year session, or get a favorable vote and proceed to the House floor, where it could be amended before a vote on its final form.  She said that this is the very beginning of the process and that there is much time for the public to express their concerns to her and others.

Carol Gray said that the public needs to be included in the process earlier, and that Town Committees should take positions on this bill because it could concern Amherst.   She emphasized Amherst's appreciation for public process, and said that the interests of land trusts and other such organizations aren't necessarily the same as the public's interests. 

Representative Story said that there would be local meetings in communities all over the State who have concerns about this, and that their representatives wouldn't support it even at the committee level if their own communities oppose it.  She said that the public is not excluded from the process, but rather, is included from the beginning. 

Mr. Kusner suggested a local hearing with area legislators, and Ms. Story said that would be fine, and referenced the hearing held earlier at UMass. 

Ms. Awad said that people had made good and alarming points during the previous discussion of this topic at the June 25th Select Board meeting, and she encouraged people to contact Representative Story with their concerns. 

Executive Session – Collective Bargaining Agreements/Open Session – Salary Chart

The Select Board went into Executive session at approximately 7:25 p.m., with members of the Personnel Board and with Human Resources Director Kay Zlogar and Assistant to the H.R. Director Eunice Torres, for the purpose of discussing collective bargaining agreements.  They reconvened in open session at approximately 8:10 p.m.

Personnel Board Chair Flo Stern said that the Personnel Board had been working on amending the non-union employee salary scale chart since January of 2006, conducting interviews with 74 employees.  She said that various factors had prolonged the process, including the change of Town Manager and the National Guard deployment of the DPW Superintendent.  Mr. Weiss thanked all concerned for their work on the chart. 

The Select Board voted 4 to 0, 1 absent, to approve the amended salary chart.

Renewal of Pizza Shark Plus Lunch Cart License

Mr. Weiss recused himself from this discussion.  Bob Pollak sought a renewal of the lunch cart license for the Pizza Shark van and an extension of business hours.  He explained that he was seeking to locate at the corner of East Pleasant and Triangle Streets, where he had done business briefly, but had stopped because he felt staff and site conditions contributed to the business not presenting a consistent and professional image.  He said that he is now in discussions with the Planning Department and others to have additional vendors on the site, including perhaps crafts people and those selling farm products, so that the lot is less empty.  He said that he hopes to begin doing business there in the early fall.   He requested that morning hours be extended earlier, to 7:00 a.m. from 8:00 a.m., so that he might serve those on their way to UMass and the High School.

The vote to approve the license renewal and extended hours was 3 to 0, 1 absent, and 1 recused.

Request for Special Municipal Employee Status – Comprehensive Planning Committee

Erik Nakajima, Chair of the Comprehensive Planning Committee, sought Special Municipal Employee status for that committee.  He said the committee includes a broad cross section of citizens, including professionals who have had business before the Town.  He said such expertise has been valuable and is needed for completing the Master Plan.

Mr. Weiss asked about specific needs for SME protection.  Mr. Nakajima cited CPC members Barry Roberts, Douglas Kohl and Bill Gillen as professionals who have had and could reasonably expect to again have issues brought before other Town boards and committees as part of their work. 

Mr. Weiss reiterated the point often made in SME discussions about not needing SME status in order to have people with professional expertise on boards and committees, and how only those whose professional business requires that they appear before other Town boards and committees need that protection.  

Mr. Kusner asked if the status was intended to protect those participating in the Master Plan's many working groups, and Mr. Nakajima said it was not, and was only sought for those CPC members appointed by the Select Board.

The vote to approve granting SME status to the CPC was 4 to 0, with 1 absent.

Request for Special Municipal Employee Status – LSSE Commission

Linda Chalfant, LSSE Director, represented the LSSE Commission's SME request, standing in for an LSSE Commissioner who was not able to attend the meeting.  She talked about the value of the Commission to LSSE, and said that because LSSE activities support a wide range of people, a similarly wide range of individuals should be represented on the Commission, including those with and without technical expertise.  She said that some with such expertise might be unwilling to serve without SME protection.  Mr. Weiss asked if there were any current members with such concerns.  Ms. Chalfant said there might be one, but that there had been another in the last year, and that there are vacancies on the Commission.  Mr. Weiss reiterated the point about only some professionals needing SME protection.

The vote to support granting SME status to the LSSE Commission was 4 to 0, 1 absent.

Approval of Special Liquor License Request

The Select Board approved a Special Liquor License for R&P liquors for a July 12th event at the Eric Carle Museum, with a vote of 4 to 0, 1 absent.

Representatives to the Joint Capital Planning Committee and Budget Coordinating Group

Mr. Weiss said they needed to consider new Select Board representatives to the JCPC, BCG and the Chamber of Commerce's Government Affairs Committee. 

Mr. Weiss said he would step down from his JCPC position, but wanted to stay on BCG.

Mr. Kusner said he was willing to step down or trade places with another member who wanted to take over his JCPC position, and said he was interested in attending BCG meetings.

Ms. Greeney said she would be willing to step down from BCG and was willing to serve on JCPC and the Chamber's Government Affairs Committee. 

Ms. Awad said she couldn't participate in any of the committees in question because they all have afternoon meetings, and she could only attend meetings in the evening or early in the morning.

It was explained that representatives to the committees relay information, and might vote, but that their representation and actions do not bind the Select Board to follow the committees' recommendations.  Mr. Shaffer noted that the BCG gathers and coordinates information for members to bring back to their respective bodies, but does not make formal decisions or take formal votes.

Mr. Kusner suggested having an alternate Select Board member for BCG and JCPC in case neither of the two Select Board reps could attend a meeting, and in order to provide more information to the Select Board.  Mr. Weiss said it would be extremely rare for the groups to hold meetings if neither representative were available to attend, but that an alternate would be needed if that occurred.  He said he felt generally that designating an alternate member would make the process unwieldy.

Mr. Weiss said that no formal appointments of new representatives to these committees would be made, due to Ms. Brewer's absence.  He said that her preferences would be considered at the next meeting, and decisions could be finalized at that time.

Town Manager's Budget Process Proposal

Mr. Shaffer referenced a memo he had distributed regarding a proposed new process for creating the budget.  He said that his proposal aims to engage the Select Board earlier in the process, and to gather public input at the outset.  Mr. Weiss said he thought it was a great idea.

Mr. Shaffer's proposal had as a first step for both the Select Board and Finance Committee to begin their area of the budget process each year with public hearings to solicit input in establishing policies and setting priorities (for the Select Board) and for establishing financial guidelines (for the Finance Committee.)  He said this would allow both bodies to provide direction to the Town Manager before he creates his recommended budget, and he said it allows policy to be determined in relation to financial conditions, rather than being dictated by financial parameters. 

His document included 5 steps:  1) separate public hearings to be held in late summer by the Select Board and Finance Committee to solicit input; 2) establishment of a policy and prioritization statement by the Select Board, while the Finance Committee receives projections from the Finance Director; 3) the Select Board and Finance Committee give their policy and financial guidelines to the Town Manager in November; 4) the Town Manager instructs department heads in November about the budget guidelines, including the Select Board and Finance Committee recommendations; 5) the Town Manager delivers his proposed budget to the Select Board and Finance Committee in January.

Mr. Weiss proposed that as a sixth step, the Select Board set aside time, perhaps on a Saturday in late January or early February, to go over the Town Manager's budget, and to ask questions and make changes then, instead of late spring. 

Mr. Kusner asked if the Finance Committee had been made aware of the new proposal yet, and Mr. Shaffer said it had not. 

Ms. Greeney suggested a seventh step, whereby the Select Board would meet with the Select Boards of the other towns that are part of the regional school district in order to share information.

This led to much discussion about various iterations of joint meetings that had been held in the past, where they were held, whether or not they had included or should include the School Committees.

Elaine Brighty, Regional School Committee Chair, said that many past joint meetings were an attempt to determine a new assessment formula each year, but that was no longer needed because all towns had now agreed on the per-pupil formula.  She said that the Regional School Committee schedules the joint meetings now as a means of determining its budget.

The Select Board members agreed with Ms. Greeney's suggestion that some kind of a joint meeting would be beneficial, and Mr. Shaffer said he would draft new language to incorporate the proposed new steps.

Discussion of Reduced Public Hours in Several Town Hall Departments

Mr. Shaffer said that he and Town staff had considered what would be appropriate for reducing hours when departments are open to the public in order to allow staff to be more productive.

Claire McGinnis, Town Collector, said her staff had been reduced from eight members to five in recent years, and that many successful process improvements had been made for better efficiency.  She said that setting aside a few hours to work without servicing the counter or answering the phones would be another way to get more work done.

Mr. Weiss noted that such decisions are the Town Manager's prerogative, and asked if this was being brought to the Select Board for approval. 

Mr. Shaffer said that the Select Board's opinions and knowledge of the public are respected.  He said Town Hall is working to streamline its operations, and that the trend in public service is going toward a more professional appointment-based model, rather than the old model of people simply stopping in any time and expecting to get their business accomplished.  He said the resources are no longer available to support that kind of service, and that it isn't the most productive model. 

The proposed closings would be from 8:00 a.m. until noon on Thursdays, and would include the Collections office, the Conservation office and the Town Clerk's office.  It was noted that the Inspections office closed to the public all day Thursdays beginning in April, and has yielded significant improvements in the permitting process. Select Board members raised concerns about people being inconvenienced or not being able to take care of necessary business that they had expected to be able to do.  Ms. McGinnis said that, like any change, this would require education about the new hours and the other options such as services available on-line and use of a drop box at Town Hall for making payments.  She said that such details would be publicized by press release, signs and on the phone messages people hear when department phones aren't answered.

In response to questions, Mr. Shaffer explained the rationale behind choosing Thursday mornings as the best time.  He said that Fridays have the least volume of people seeking services, but it was decided that there could be last-minute needs of things that had to get done that week, so Friday was ruled out.  He said that the beginning of the week is the busiest, with a decrease in each subsequent day, so Thursday was the next-best option to Friday.  He said that it was felt that Thursday morning was preferable to Thursday afternoons, because that kept the afternoon open for things that the public might have to get done on Thursday. 

Ms. Awad said she could support the closing for all but the Town Clerk's office.  She said there was no alternative option for many of the services people need to take care of there. 

Mr. O'Connor said that reduced hours had been tried in the past and had created problems, and he encouraged the Town Manager to talk to staff members who were around at that time.  He warned about public outcry, particularly related to the Town Clerk's office, and said that people would view it negatively because they know that other towns manage to provide service to the public during all business hours, despite having less money and fewer staff than Amherst.  He said people would view the closures as a political move related to the failed override or a future override attempt.  He said the proposed closures were “not acceptable.”

Residential Tax Exemption

Mr. Weiss suggested considering the annual question of a residential tax exemption early in the fiscal year, rather than immediately before needing to vote on it. 

Mr. Kusner noted that there is always a concern about the negative impact such an exemption could have on renters, and said that State income tax relief is available for them.  He said that the Select Board needed more information about the available credits and deductions in order to have such a discussion and ensure that fairness for tenants is maintained.  He suggested that they might propose State legislation to address the issue.

Mr. Weiss agreed to postpone the discussion to a future time and with additional information available.

Role of Select Board Committee Liaisons

Mr. Kusner said that he and Mr. Weiss had been attending meetings of the Planning Board's Zoning Subcommittee and asked if the Select Board would want to consider giving advice to that group.  Mr. Weiss said that they should be reporting to the Select Board on the group's discussions.   Ms. Greeney suggested that a standing agenda item be for Select Board members to report on the work of all committees to which they serve as liaison.  Mr. Kusner agreed, and said he would like the issue of the Select Board taking a leadership role in making recommendations to the Zoning Subcommittee to be considered at the next meeting. 

Committee Appointments

Mr. Shaffer recommended the appointment of Ludmilla Pavlova-Gilham to the Planning Board to fill the last year of Rod Francis' term.  He noted that she is a planner at UMass.  Mr. Kusner said that she had spoken with the State Ethics Commission about potential vulnerabilities, and that she had been told that SME status and the filing of appropriate disclosures with the Town Clerk's office would allow her to serve. 

Ms. Awad said she felt that people shouldn't list Town staff as references, and said that she (Ms. Awad) and former Select Board member Eva Schiffer had inserted the line on the Citizen Activity Form about not listing anyone from the appointing body as a reference. 

The vote to approve the appointment of Ms. Pavlova-Gilham was 4 to 0, 1 absent.

Mr. Shaffer recommended the appointment of Louis Greenbaum to the Historic Commission.  Mr. Shaffer said that Mr. Greenbaum is an historian with significant experience with Amherst's history.

The vote to approve Mr. Greenbaum was 4 to 0, 1 absent.

Mr. Kusner said that there would be some rearranging of full and associate members of the Zoning Board of Appeals.  He noted that all members serve until a successor is qualified.  He said that he would be recommending that one move from full member to associate, and that one of two eligible associates move up to full status. [Corrected 7/11. The previous sentence had erroneoulsy said that two associate members would become full members.]  He also noted that he had misspoken at a previous meeting regarding the appointment of a member to the Cultural Council, having suggested that her appointment exceeded the usual two-term, six-year service.  He said that the appointment they had made was for her second term, and that he had confused her service with that of a different member who had declined to seek reappointment.

Mr. Kusner recommended the appointment of Mary Streeter to the Community Preservation Act Committee, and Casey Steinberg to the Agricultural Commission.  Without discussion, those appointments were approved in a vote of 4 to 0, 1 absent.

Mr. Kusner recommended the reappointments of Jane Ashby, Ted Rising, Hilda Greenbaum and Al Woodhull to the ZBA.  He noted that Mr. Rising had been a full member and would now be an associate member.

Ms. Greeney asked about the difference between associate and full status.  Mr. Kusner said it is a matter of practice and experience, and said that an associate member who would become a full member was the most senior member of the associates.  He also said that Town Counsel had determined that changing the status of members from associate to full and vice-versa would not impact any ongoing cases in which those members are participating.

The vote to approve those ZBA reappointments, including Mr. Rising's change to associate member, was  4 to 0, 1 absent.

Mr. Kusner recommended that Russ Frank be reappointed to the ZBA as a full member, being elevated from the associate status.  That recommendation was approved by a vote of 4 to 0, 1 absent.

Mr. Kusner recommended that Carol Johnson, Lorna Peterson and Maureen Raab be reappointed to the 250th Anniversary Celebration Committee.  The vote to approve those reappointments was 4 to 0, 1 absent.

Mr. Kusner recommended the reappointment of Kathleen Wang as the representative from the Library Board of Trustees to the Personnel Board.  That recommendation was approved by a vote of 4 to 0, 1 absent.

Mr. Kusner recommended the reappointment of Harriet Goodwin, Terry Rooney and Carl Erikson to the Public Art Commission.  That recommendation was approved by a vote of 4 to 0, 1 absent.

Mr. Kusner recommended the reappointment of Paulette Brooks to the Community Development Committee.  That recommendation was approved by a vote of 4 to 0, 1 absent.

Town Manager's Evaluation

Mr. Weiss read the Select Board's charge for coordinating the evaluation of the Town Manager.  He said that all members of the community, including Town employees, are invited to comment on the Town Manager's performance.  He said that postcards soliciting comment would be sent to all Town Meeting members and members of Town boards and committees, and that notice would be posted on the Town web site. 

There was discussion about the timing of the process, how it had been done in the past and how they might want to do it now.  Mr. Kusner said he would like to have the Town Manager provide his thoughts to the Select Board as something to consider when they are filling out their evaluation sheets.  Ms. Awad noted that it was important to wrap up the process and present the results to Mr. Shaffer in executive session prior to the fall Town Meeting activities.

Mr. Weiss said he would speak with Mr. Shaffer's assistant, Gail Weston, about the timing of the postcards, but would aim for public comment to conclude in late August.

Minutes

Due to the late hour and the lack of full preparedness on the minutes, it was decided that approving past meeting minutes would be prioritized on the next meeting's agenda.

The meeting adjourned at 9:55 p.m.  The next Select Board meeting is scheduled for Monday, July 23rd at 6:30 p.m. at Town Hall.

-- Stephanie O'Keeffe