(8/27/07)  The Select Board met Monday, August 13th at 6:30 p.m. at Town Hall.  Gerry Weiss, Anne Awad, Alisa Brewer, Hwei-Ling Greeney and Rob Kusner were present, as was Town Manager Larry Shaffer. 

Intro/Announcements

There was discussion about the determination that the Select Board had violated the Open Meeting Law (OML) by having three members attend a joint meeting of the Planning Board’s zoning subcommittee and the Town Commercial Relations Committee (TCRC.)  Discussion centered around this being a violation of the letter but not the spirit of OML; the necessity for Select Board members to be able to attend such meetings to educate themselves about important issues; the option of posting every potential meeting as a Select Board meeting just to be safe; and the question of what constitutes actual participation in a meeting.  It was requested that Mr. Shaffer seek additional information about the issue from Town Counsel, and it was agreed that they would try to post all meetings that seemed at risk for a quorum’s worth of participation. 

Proposal for Stephen Colbert Day

Several young men calling themselves the Colbert Order (pronounced Col-bare Or-dare) requested that the Select Board designate October 17th as Stephen Colbert Day.  William Hoffmann was the group’s primary spokesperson, and he described Stephen Colbert’s political satire and skewering of conservatism.  The group suggested that Amherst would be a good fit for his liberal humor, and that proclaiming Stephen Colbert Day might result in significant publicity for the Town.  They had a petition with more than 200 signatures supporting their request.

Ms. Awad voiced concern about expressing only one viewpoint, potentially offending conservatives, and encouraging a wave of requests for days to honor other political and cultural personalities, such as Karl Rove and Bill O’Reilly.   She suggested that it might be more appropriate for the Colbert Order to sign up to use the Town Common and hold and promote a Colbert event on that day.  All the Select Board members agreed with the suggestion. 

Sue Bonis said that she was new to town, that she and her husband felt the need to keep their conservatism quiet here, and that she thought granting this request would make a mockery of days honoring important people and occasions.  In an effort to end the discussion, she called the question.

Ms. Greeney said she had sought to get the group’s request on the agenda to show that all citizens can express themselves on issues they care about.

The Select Board praised the students’ efforts and enthusiasm.  Mr. Hoffmann and his friends thanked the Select Board for putting the request on the agenda and for the support and suggestions.

Notable:  Mr. Weiss and Ms. Brewer claimed to be Colbert fans; Ms. Greeney said she watched one episode of the show and found it funny; Mr. Kusner said he doesn’t have a television. 

Traffic Calming

Guilford Mooring, Department of Public Works Superintendent, presented a plan to install temporary “traffic cushions” on Lincoln Avenue in three locations, in an effort to slow and possibly decrease traffic there.   He said that the cushions were made up of separate sections with a gap allowing emergency vehicles to proceed through them at speed.  He said the three sets would cost $8,000, and that $500 in signage would be needed as well.  Mr. Shaffer said that the money could be found in the budget if the Select Board approved the request.  Mr. Mooring and Mr. Shaffer discussed the flexibility of this option, citing the ability to take them up in the winter and to use them in other locations after the Lincoln Ave. trial, which will last two months, and if approved, should begin in September.  Mr. Shaffer said that speed limit enforcement will also be increased in the area, and that a bumper sticker program encouraging people to “Drive slowly to respect Amherst neighborhoods” would be part of a public education effort to calm traffic on a larger scale. 

Mr. Kusner expressed concern about the cushions being too close to the sides of the road for safe bicycle passage.  He suggested increasing that space and using fewer cushion sections per location in order to either save money on their purchase or have more to use elsewhere.  Mr. Mooring said the bicycle space could be increased, but that the use of fewer cushions in the manner suggested was not feasible. 

Judy Sechrest said she lives on Lincoln Avenue and supported the traffic cushion plan, but was concerned it wouldn’t be a sufficient deterrent for truck and construction traffic.  This led to discussion of ways construction traffic might be re-routed, including suggestions to impose weight limits on roads in that area, or disallow left turns from Route 9 eastbound on to the various cross streets heading north toward the University.  Mr. Mooring said the weight limits and the left turn prohibitions were not possible without going through the State.  He said that there are discussions with the Massachusetts Highway Department to improve the traffic light situation on Route 9 at 116 and at University Drive, and that such improvements might address these issues.  Mr. Shaffer said he would have Mr. Mooring do more research on ways to keep construction traffic out of neighborhoods. 

The vote to deploy the traffic cushions on Lincoln Ave. on an experimental basis, and not less than three feet from the edges of the road, passed unanimously.

Residential Property Tax Exemption

Mr. Weiss introduced the topic of the residential tax exemption, and said it would not include discussion of a split tax rate, as the agenda had stated.  Town Assessor David Burgess attempted to explain a spreadsheet that illustrated the effect various exemption amounts would have on the residential tax bills for owner-occupied properties.  It was not easy to follow the discussion without having the spreadsheet, though some who had it didn’t benefit much anyway.  The bottom line was that depending where the exemption level was set, the number of people whose taxes would stay the same, and the numbers who would pay more or pay less, varied.  Because the full levy amount needs to be collected, the amount that an exemption would decrease some people’s taxes needs to be made up for by increasing the taxes of others.  The consideration of different exemption levels and break-even points (the point at which taxes don’t change) looked at how many properties are affected, and by how many dollars, in the different scenarios.

Mr. Kusner raised the issue of how such an exemption would affect renters, under the assumption that landlords of non-qualifying properties would pass the increase along to the tenants.  He had done an analysis of the property owners’ cost increase per unit at several different-sized properties encompassing 1500 rental units.  He said that at the maximum possible exemption level, the increased cost per unit would be from $3 to $10 per month.  He said that if that increase were passed along to the tenants, the effect would be minimal.  Mr. Weiss noted that it is still “real money,” and that that is the kind of effect the Select Board needs to weigh.

It was suggested that Mr. Burgess see how split tax rates are working in other towns.  He said that wouldn’t be difficult because there are only 12 such towns in Massachusetts.  Many of those are coastal communities where people own second homes, but it was felt that Cambridge and Somerville might be good comparisons with Amherst because of their large student populations.

No action was taken, and additional discussions of this issue will be held.

Notable:  Mr. Burgess said he was “seriously considering” increasing the assessments on two-family properties, which he said are selling well and at prices higher than their current assessed values.

Regional Homelessness Task Force

There was a recapping of the discussion from the August 1st meeting regarding the regional homelessness effort being headed up by the Mayors of Northampton and Holyoke, and how Amherst is participating through Mr. Shaffer’s attendance at the first event, and his assignment of Community Services Director Roy Rosenblatt to participate in the on-going process.  Ms. Greeney wants Amherst to be more involved, and invited Peg Keller, the Housing and Community Development Planner for Northampton, to speak about the project. 

Ms. Keller praised Amherst for its attention to the issue of homelessness, and said that one of the goals of the Regional Task Force is to get other communities to pay attention as well.  She said the effort aims to pull together resources from the Federal, State, regional and community levels, and said that while it may not end homelessness, she said it will significantly improve the circumstances of many who are currently homeless.  She said that a variety of models are being studied from all over the country, and that different approaches will be needed in different communities.  She said the task force is spending the next couple of months creating a 10-year plan that will include short- and long-term projects and goals.  She said the goal is to have a workable plan, not one that sits on a shelf, and said that Amherst is already well-represented in the effort.

Mr. Shaffer praised Mayor Sullivan and Mayor Higgins for their efforts and for embracing a regional approach to the problem.  He said that town-by-town efforts don’t maximize collective strengths.  He urged that Amherst not dilute these efforts by proceeding separately or in parallel with the Regional Task Force, but to continue with the Town’s participation.  He said that he and staff would report back on progress and let the Select Board know when assistance is needed. 

Ms. Awad said she felt there was an obligation to have citizen participation, not just staff participation, and asked how the homeless and formerly-homeless are being engaged in the process.  Ms. Keller described some being active in the task force’s work groups, and said that college students would be conducting written and video surveys in shelters where they will ask people about what kinds of services are needed and what existing services are and are not working. 

Flo Stern and Nancy Gregg spoke about Amherst’s Emergency Homelessness Task Force and the Housing Partnership/Fair Housing Committee (HP/FHC,) and the enthusiasm and support of both for the Regional Task Force.  Ms. Stern and Ms. Gregg both expressed their desire to participate. 

Ms. Greeney asked Ms. Keller about funding for implementation of the Regional Task Force’s plan.  Ms. Keller said that identifying and listing funding sources is part of the plan, and that at the Federal level, much is known about the available options.  She said they are hoping to find good sources at the State level as well. 

There was a lengthy discussion about the pros and cons of making involvement in the Regional Task Force a responsibility of either the Emergency Homelessness Task Force, through expanding its charge, making it a subcommittee of the HP/FHC, or making it a separate entity.  Ms. Awad and Ms. Greeney expressed concern that members of existing groups have large enough responsibilities already; that the specifics of a 10-year regional plan require separate attention; and that homelessness persists in Amherst despite the current groups’ efforts.  Ms. Stern and Ms. Gregg expressed concern about adding additional layers of complexity by having separate groups, when there is a core group of people already dedicated to such issues.  Mr. Shaffer reiterated his concerns about diluting the effectiveness of the Town’s current participation in the Regional Task Force, and spoke of the risk of redundancy of effort by involving either the existing committees or a new one.  

It was determined that Ms. Awad and Ms. Greeney would consider the issue further, and recommend a new charge for a new or existing committee at a future Select Board meeting.

Master Plan Process Update

Eric Nakajima, Chair of the Comprehensive Planning Committee (CPC,) updated the Select Board on the status of the Master Plan, recapping efforts to date and the committee’s plans for dealing with drafts of the plan and assessment of survey results over the next couple of weeks.  He said there would be an open house for the public at the end of September, date pending, to publicize the “final” document.  He said the committee would be meeting the following day to discuss plans for how to proceed with the implementation chapters of the document, and determining the role of Town Meeting in the plan’s acceptance and implementation.

Mr. Weiss expressed concerns about the timeline, about the opportunity for public comment, and about how the Plan can advance without the Town’s Open Space and Recreation Plan being updated yet.  Mr. Nakajima emphasized that public comment has created the plan, and that numerous Town boards and committees have been involved throughout the process.  Per the Open Space plan, Mr. Nakajima noted that the Town needs to keep functioning through the Master Plan process and that neither the Town nor the Master Plan can wait on the finalization of elements from the other.  In response to additional concerns noted by Mr. Weiss and Mr. Kusner about timing, Mr. Nakajima assured them that the timeline would be expanded if that was deemed to be necessary, rather than sacrificing the plan’s quality to make it conform to a specific timeline.  Mr. O’Connor detailed a number of concerns and complaints about the timing of the plan.

Mr. Nakajima reiterated that many of the concerns being expressed would be considered at the next day’s meeting, and plans would change accordingly if necessary.  He said he would provide the Select Board with a written update afterward.

Discussion of Additional Funds for the Elementary Schools

Per the discussion at the August 1st meeting, the topic of whether or not to seek the appropriation of extra money for the elementary schools was addressed with representatives from the School Committee and Finance Committee.  Mr. Weiss said that School Superintendent Jere Hochman had communicated to him that the schools had not asked for the funds in question and would ask for money if there were an emergency, but felt that the current needs could be addressed with the current budget.  Andy Churchill, Chair of the School Committee, reiterated the Superintendent’s points and said that the latest class size numbers suggested that the situation was manageable, and said that the School Committee appreciated the Select Board’s interest. 

Alice Carlozzi, Finance Committee Chair, emphasized the need to build reserve funds for future emergencies, and said that the money in question was not “found money.” She said that after all that had been dealt with at Town Meeting, that it would be “foolish” to open this discussion again absent an actual emergency.

Mr. Kusner said that the class size numbers recently presented by Mr. O’Connor could be considered an emergency overcrowding situation by anyone who has an elementary school background or who cares about kids.  He said the Select Board was asking the School Committee, Superintendent and teachers to decide if the situation rose to that level, and if so, that it was the Select Board’s responsibility to find the money needed to address it.  He said the question was whether the risks were greater to the students or to the Town’s finances.

Mr. Churchill said that the latest numbers showed 22 in Crocker Farm’s 3rd grade and 24 in Fort River’s 4th grade, which he said was as high as they would want it to go.  He said that there would be a mixed grade configuration at Mark’s Meadow to avoid classes that were too small or too large, resulting in a combined 1st and 2nd grade class with 16 students, and a combined 3rd and 4th grade class with 19.  He said that the School Committee shares the desires to have more resources and to have low class size numbers, and that they feel they currently have the resources to deal with the situation this year.  He said things had improved slightly from the spring projections, and that he was more concerned about the future than the present. 

Brian Morton, of the Finance Committee, talked about Mr. O’Connor’s references at the previous meeting and in the memo that precipitated this discussion, to being on track to surpass the target of having reserve levels at 8% of operating expenses by FY10.  Mr. Morton said that current circumstances do not have reserves on track to meet that figure, which he called an “interim goal.”  He said that it needs to be decided if the goal is to be able to use significant reserve levels to mitigate significant reductions in State aid during a downturn in the economic cycle.  He said that if that is the goal, reserves need to reach a level that equals 15% to 18% of the operating budget.  He said that the Town’s current budget woes are caused by the escalation of fixed costs, but that this is a relatively good period for State aid.  He said that an 8% reserve level is only enough to cover a catastrophic emergency and maintain the 5% necessary to protect the bond rating, but not enough to cover big cuts to State aid. 

Mr. O’Connor praised the schools’ ability to manage their current issues by having spent much of their end-of-year totals in FY07 to offset allowed expenses for FY08, freeing up money for FY08 staff use, and praised the Mark’s Meadow mixed-grade solution.  He then characterized Mr. Morton’s talk about 15% to 18% reserve levels as “moving the goal posts” and said that all the elected committees with budget control need to make such a decision.  Mr. Morton responded that his point is that the Town, not the Finance Committee, needs to make that decision about the intent of the reserves.

Ms. Brewer said that the Select Board is supposed to handle Select Board business, and that it was unfortunate that people from the School Committee and Finance Committee had to gather to address a non-issue.  She said that school concerns should first be brought to the School Committee, and budget concerns should first be brought to the Finance Committee.  She said the Select Board was not being used as the avenue of last resort, but instead, as a tool to put pressure on other committees.  She said it was not the Select Board’s role to question class size at Crocker Farm, and at that point, she was interrupted by Mr. O’Connor arguing with her from the audience.  Ms. Brewer said that he was speaking without being recognized and he continued to argue.  Mr. Kusner said he thought the Select Board was the appropriate venue for such discussions and that he hoped it had been useful for the public. 

Watershed Task Force

As a continuation of the previous meeting’s discussion about the Town possibly acquiring watershed land at Atkins Reservoir, Mr. Kusner moved to establish a watershed task force to consider the issue.  Ms. Greeney was concerned about its lack of an official charge and how people could seek to participate without that.  Mr. Kusner said it is a task force requiring specific expertise and that its opinion is required by October when the Town’s right of first refusal expires on the property in question.  Ms. Brewer suggested posting the information on the Town web site with the suggestion that people who are interested or have questions contact Water Resources Director Robert Pariseau.

The vote to establish the task force was 4 in favor, 1 abstention, with Ms. Greeney abstaining due to her concerns about participation. 

Mr. Kusner recommended the appointment of the following people to the committee, all of whom he had spoken with and had agreed to serve in that capacity:  Steve Dunn, Jesse Schwalbaum, Don Wise, Mike Williams, David Ziomek and Robert Pariseau. 

Approval of minutes

With brief discussion and corrections, the minutes of the August 1st meeting were approved.

Liquor License Approval

With a unanimous vote, the Select Board approved a special wine and malt license for a wedding at the Red Barn.

Committee Appointments

Mr. Kusner said that Ms. Awad is now the Appointments Clerk but asked if he could make a final nomination.  Ms. Awad agreed, and Mr. Kusner moved to appoint Kimberly Broderick as an at-large member of the Community Preservation Act Committee.  The vote to approve the appointment was unanimous.

It was determined that a discussion about Select Board liaison positions would have to wait for a report from Mr. Kusner and Ms. Greeney regarding which committees are no longer active.

Mr. Shaffer recommended the appointment of Denise Barberet to the Planning Board.  The Select Board’s vote to approve the appointment was 4 in favor, 1 abstention.  Ms. Awad abstained and did so without comment.

Mr. Shaffer recommended the appointment of Jonathan O’Keeffe to the Planning Board.  The Select Board’s vote to approve the appointment was 3 in favor, 2 abstentions.  Ms. Awad and Mr. Kusner abstained, also without comment. 

Fall Town Meeting Dates

Mr. Weiss said that he was instructed that the Select Board needed to confirm fall Town Meeting dates at this meeting.  There was much discussion about the various desirability or lack thereof of various dates.  It was determined that they would approve more dates than are intended to be used, with the goal of vetting those dates at the next Select Board meeting, after Mr. Weiss checks the auditorium’s availability.  The preliminary approved dates were November 1st, 5th, 7th, 15th, 19th, 26th, 28th and December 3rd.  [Note:  it has since been determined that the dates will be:  November 5th, 7th, 15th, 19th, 28th, December 3rd and 5th.]

Closing Discussion

Mr. Kusner noted that the new bus route #32 had changed its schedule, with the last bus heading south just before 5 p.m.  He said he had not known about the change and thought it should have come before the Select Board, even if that isn’t a requirement.  He recommended that riders check the schedule on the web site or call 545-0056.

There was discussion about the public hearing on the planned cherry tree removal, the zoning subcommittee meeting, and the August 15th joint meeting with the Hadley Select Board.

The meeting adjourned at 10:40 p.m.  The next regular Select Board meeting is scheduled for 6:30 p.m. on Monday, August 27th at Town Hall.

-- Stephanie O’Keeffe