(9/19/07)  The Select Board met Monday, September 17th at 6:30 p.m. at Town Hall.  Gerry Weiss, Alisa Brewer, Hwei-Ling Greeney, Rob Kusner and Anne Awad were present, as was Town Manager Larry Shaffer.  Kate Seaman took the minutes.

Opening Discussion

Mr. Kusner said he wanted to discuss a 1997 Town Meeting resolution regarding bike lanes, which he said had guided his recommendation at the August 13th meeting about the Lincoln Avenue traffic cushion configuration.  He thanked the Town Clerk for quickly locating and providing the resolution information.  Mr. Weiss said Mr. Kusner could talk about that topic later in the meeting.

Ms. Greeney had questions about the merits of listing “Continuing Business” items on the agenda if they might not be addressed at the meeting, and requested that the agenda structure be discussed.  Mr. Weiss said that topic was on the agenda.  Ms. Greeney also noted that she wanted to discuss the planning of a four-towns meeting about each town’s financial situation.

Public Comment

Vince O’Connor noted concerns about the last meeting’s discussion about possible funding for Town use of the Middle School pool.   His points were:  that not hiring an Aquatics Director and using that money to pay for pool use would be problematic if the program were to be reinstated, because the program would then require management; that he found it unreasonable for the Town to be expected to pay more money for less pool availability and use than in the past; and that the Town should only have to pay the added incremental costs of its pool usage, not share in the fixed costs that exist even if the Town doesn’t use the pool at all.

Mr. Shaffer said that the Town is still in negotiation with the Schools about pool usage and compensation, and once a plan is in place, decisions will be made about what kind of management is required for the size and scope of the resulting aquatics program. 

School Zone Request

Larry Kelley thanked the Department of Public Works (DPW) for the crosswalk at the South Amherst intersection of Pomeroy Lane and Route 116.  He said that the area is now home to a charter school and two private schools, and requested that it be designated a school zone because of all the extra caution and visibility signage that that designation would allow.

Mr. Shaffer said that such a designation is not within the sole purview of the Select Board, and that DPW Superintendent Guilford Mooring was researching how to make it happen, and that more would be known in a few weeks.  Mr. Kusner said that perhaps the State needs to be involved because a speed limit change might be needed.  Mr. Shaffer noted that the DPW supported creating the school zone, but that they had to be sure to follow the correct procedure.  The Select Board concurred. 

Mr. O’Connor suggested that the Community Development Committee be encouraged to consider block grant opportunities for sidewalks and other accessibility options at that intersection, which he said was now possible due to the completion of a required accessibility study there. 

Liquor License Applications (6:50)

Two special liquor licenses were unanimously approved for receptions at the UMass library.

Agenda Format

There was discussion about how best to deal with different kinds of agenda items that aren’t time-specified.  There was concern about what members should or should not prepare for based on the agenda, as well as either giving the public the false impression that a topic would be addressed, or failing to notify them of the possibility.  Another concern was how to incorporate items identified after the agenda is completed.  It was decided that an agenda review would take place at the beginning of meetings to clarify expectations and give people a chance to come to Town Hall if they are watching the live broadcast on television.  Also, liaison reports were to be made a standard agenda item, with the expectation that, as with committee appointments, some meetings might not have any. 

Election to Fill ARA Vacancy (7:00)

Members of the Amherst Redevelopment Authority (ARA) and the Select Board jointly met to fill the ARA vacancy.  There was one applicant, Peggy Roberts, who described her long previous history on the ARA, starting in 1971 and spanning about 25 years.  She talked about the development of the downtown area including Bangs Center, Ann Whalen Apartments, the Clark House and other buildings.  She talked about her dedication to having the downtown be an area where people can live, work, shop, gather, recreate and receive social services, and how the ability to do those things in the town center defines a community.  She talked about the continuing relevance and potential of the ARA, and noted that it doesn’t create its own projects, but rather, it facilitates projects the community wants.

Ms. Roberts received much praise and was unanimously elected by roll call vote of all five Select Board members and the three ARA members in attendance: Fran Van Treese, Larry Kelley and Jeanne Traester.

Shop Local Initiative (7:10)

Ms. Greeney thanked Mr. Shaffer and Finance Director John Musante for providing a list of the Town’s local purchasing, and thanked School Committee Chair Andy Churchill for organizing the information and taking it to the School Committee. 

Mr. Kusner said he hoped more could be done with purchasing of local food by the schools and the Town, and noted that Ms. Greeney makes good use of local foods through the Not Bread Alone program.

Ms. Brewer talked about looking not only at what is purchased locally, but where other opportunities are, such as with office supplies, and raising awareness and creating opportunities for Hastings to get business that might otherwise go to chain stores. 

Mr. Shaffer said that the Town spends millions of dollars locally, and that this process is helping to get a better understanding of the situation and will help provide new opportunities for local businesses to participate in and compete for the Town’s purchasing. 

Ms. Greeney noted the different monetary thresholds and their requisite processes:  below $500 has no requirements; $500 to $10,000 requires the Town Manager and Comptroller approval; $10,000 to $25,000 requires formal price quotes according to the Town’s quote policy.  She said that purchases over $25,000 were a “different ballgame.”

Mr. Kusner said it would be helpful to know if purchasing tends to occur at smaller amounts, or if it is bundled together in large amounts that require a bid process.

Committee Appointments – Public Transportation Committee

Ms. Awad recommended the appointment of Peter Lillya to the Public Transportation Committee.  The vote to approve the appointment was unanimous.

Town Hall Masonry Project – Discussion with Historical Commission (7:20)

There was discussion about the possibility of using Community Preservation Act (CPA) funds to pay all or part of the debt service on the Town Hall masonry project, under the category of historic preservation.  The Select Board and Mr. Shaffer both favor the idea.  In support, it was noted that CPA funds are still taxpayer money, just like the standard capital funding would be, and that deferring other capital projects to pay for Town Hall would be equivalent to deferring other historic preservation projects.  It was noted that Town Counsel has said that this use of CPA funds would be a legally appropriate thing to do, and that CPA money was similarly being used to fund the debt service on the Plum Brook soccer fields.  Planning Director and staff liaison to the Historical Commission Jonathan Tucker said that using such funds would not require Town Hall to have a historical preservation restriction, which, if required, could complicate future work on the building. 

Mr. Shaffer said that he wants to try to get this request on the Fall Town Meeting warrant, but discussion about the Historical Commission’s and Community Preservation Act Committee’s (CPAC’s) processes led members of the Select Board and Historical Commission to question that likelihood. 

Members of the Historical Commission expressed concern about the significant chunk of its allotted CPA funds that this request would occupy; how it would prevent the Commission from using the money for other projects for which they have thoughtfully planned; and how they typically refrain from funding capital projects unless it is an emergency situation, such as occurred with the Strong House chimney. 

Commission member Louis Greenbaum expressed concern about already carrying a CPA commitment of $25,000 per year for five years for the Kimball House, and that only 25% of CPA funds were currently allocated for historic preservation.  He suggested that if the Town Hall request were to be approved, perhaps the Select Board would support increasing that percentage.  Ms. Awad said that that the different CPA allocation percentages were supposed to vary from year to year, and that she would support an increase, but that the decision was up to CPAC.

Commission Vice Chair Jim Wald noted that deferred maintenance of Town Hall by the Town wasn’t an emergency for the Historical Commission, and suggested that their funds should not be tapped just because the Town faces financial difficulties.  He said the Commission could help teach the Town how to better address its historic preservation issues for the future. 

Mr. Kusner suggested trying to determine the cost premium of the Town conducting the masonry project in an historically-sensitive and appropriate manner, versus doing a simpler fix.  He said that that cost amount might represent the low end of what the Historical Commission might be requested to contribute toward the project, while the total cost would represent the high end, and he said that establishing those two extremes could aid the discussion.  Mr. Shaffer said he would try to determine that, but said he expected the amount to be very small because much of the cost is tied up in the labor, scaffolding and related insurance issues, which he said would not differ with the materials used to do the repairs.

Mr. Shaffer said that the project was expected to come in below the $675,000 appropriation, and Town Comptroller Sonia Aldrich explained that Mr. Musante was projecting a $550,000 total to be financed over 10 years at 5% interest.  She said that $70,125 was the projected annual debt service cost.  If the CPA money were to cover the full cost, that would be the yearly amount needed, though those numbers are not yet finalized.

It was ultimately decided that Mr. Shaffer would try to have the project cost finalized for next week’s meeting, that the Select Board would vote on their request to the Historical Commission at that time, and that the Commission would be present for that.

Apple Harvest Festival – Parking Request (8:15)

There was discussion of the request received from the Amherst Family Center for 50 bagged parking meters for their annual Apple Harvest Craft and Family Festival fundraiser on September 29th.  Concerns were expressed about 50 bags perhaps being more than had been requested in the past, what meters would be bagged, the duration of the bagging, the impact on the Lord Jeffery Inn and the Farmers Market, and the impact on the rest of the downtown parking situation.  No one from the Amherst Family Center was in attendance to answer questions, though it was noted that they had been made aware that this would be on the agenda.  It was determined that a parking policy was needed for events on the Town Common, and that that would be dealt with separately after this request is addressed. 

The topic was tabled until the next meeting with the expectation of having a representative from the Amherst Family Center attend, or otherwise obtaining responses to the Select Board’s questions and concerns. 

Town Manager’s Report (8:30)

Mr. Shaffer said he was undertaking discussions with Pelham, Hadley, Leverett, Shutesbury and Sunderland about ambulance service payments.  He said that formal relationships already exist with all the towns except Sunderland.  He said that the recent analysis of the costs of emergency services as part of the Strategic Partnership Agreement with UMass found that a significant number of calls occur outside of Amherst, and that there is a gap in the reimbursement, which means that the services are being subsidized by Amherst taxpayers.  He said he has spoken to the Pelham Select Board already and is scheduled to meet with Hadley.  He said that these conversations are important because they factor in to Amherst’s planning for a potential new fire station, in terms of expected service to and payment from the area towns over the long term. 

Mr. Weiss noted that Amherst shouldn’t subsidize other towns, and asked what the percentage was of ambulance calls outside of Amherst.  Mr. Shaffer said he believed it was 18% of total calls and 20% of EMS calls.  Mr. Shaffer noted that not all outside calls are equal, and said by way of example that it ties up personnel and equipment longer for a call to Shutesbury than a call to Hadley.  He said that all the numbers are known about average call times and payments per town, as well as average costs per call to Amherst, and what amount is not being reimbursed.

Mr. Kusner said he appreciated Mr. Shaffer pointing out the relationship of capital costs for a third fire station to the long-term commitment by other towns.  Ms. Greeney asked about the feasibility of charging other towns a different rate for EMS service, similar to LSSE’s higher fees for participants from outside of Amherst. 

Mr. Shaffer said that like with the UMass agreement, he was not seeking undue enrichment for the service, but only to have costs covered.  He said that the incremental costs of the outside service need to be covered, and noted that fixed costs are fixed whether or not Amherst serves other towns.  He said it was important to not price himself out of the market, because the towns have other options, and said that it would have a “fairly dramatic effect” if Amherst were to lose that business. 

Mr. Kusner said he hoped that regionalization of EMS service would be part of the Town Manager’s discussions. 

Ms. Brewer asked if Mr. Shaffer expected to have resolution on this issue for the FY09 budget, and he said that he hopes to. 

Mr. Shaffer said he did a ride-along with Amherst Police on Friday night from 11:00 p.m. to 2:00 a.m., and said he got a good sense of the issues confronting the Amherst and UMass police departments.  He said that while there have been numerous noise complaints and arrests, it had actually been a relatively quiet fall so far, and that another neighborhood meeting with UMass and the Amherst Police Department would soon be planned.  He praised the work of both police forces.

Mr. Weiss asked if the two police chiefs are satisfied with their working relationship, and whether there was sufficient assistance from UMass Police in the neighborhoods.  Mr. Shaffer said he saw many instances of the two forces working together Friday night, and noted that they deal with significant health and safety issues in addition to noise issues. 

Strategic Partnership Agreement with UMass – Waiver of Effluent Charges (8:50)

Mr. Shaffer said that the sooner the Select Board signs off on the effluent charge waiver, the sooner the UMass agreement would be completed and he could then engage the other colleges.  Ms. Brewer made the motion for the Select Board as Sewer Commission to waive the charges.  With no one seconding, Mr. Weiss then did so. 

Ms. Greeney noted that when the Town sought payment for emergency services from UMass before, UMass sought the concession of waiving the tiered water rates that charged them more per cubic foot than other users.  She said that it resulted in $80,000 for emergency services, but the loss of the higher water rate.  She said this situation was similar, with $123,000 being negotiated for emergency service, but with the loss of $38,000 in effluent charges.  She said that including the State’s $110,000 payment in lieu of taxes (PILOT) with the UMass total further eroded the net benefit.  She said that made her ambivalent about approving the waiver, and said that the five-year contract term was too long.

Mr. Weiss said that this had already been discussed at length previously, and concerns about both the effluent waiver and the PILOT had already been talked about, and that he was “mystified” as to why this was being brought up again.  He said that the contract had a net gain of $102,000, and that Mr. Shaffer had made it clear that the agreement would be nullified without the effluent waiver.

Ms. Awad said she supported the agreement and its five-year term, but said that she thought the effluent waiver should have come before the Board sooner.  She said that they had taken considerable flak for removing the tiered water rates.  She said she was disappointed in that area of the contract, and knows that the situation was pressured by UMass Chancellor John Lombardi’s then-pending departure.  She said she didn’t think that rejecting the effluent waiver would have been a dead-end for the contract during negotiations, and said that the effluent charge had been an innovative and noteworthy agreement of mutual benefit to the Town and UMass, and that instead, UMass would now receive that negotiated benefit for free.  She said that as the Sewer Commission, the Select Board should have been kept apprised of this.

Mr. Kusner said he hoped to defend the Town Manager by pointing out that this waiver amounted to less than $200,000 over five years, which he said was a tiny amount when compared to how much water was being conserved and also not consuming treatment resources. 

Mr. Shaffer said that the University’s dramatic reduction in water usage represented a major challenge to the Town’s water and sewer funds.  He said that the conservation has significant benefits to the Town in terms of avoiding the need for new water resources and allowing the pursuit of economic development opportunities based on that new available capacity to the system.  He said that rates will need to increase to cover costs and noted that UMass is responsible for about one-third of the sewer usage anyway, and hence would be paying one-third of the total increase, so he said that amounted to a reallocation of the money that would have been paid for effluent.  He said that he continues to discuss other water and sewer opportunities with the University, which he said he was not able to talk about yet, but said they were more significant than the effluent waiver.  He said that UMass is now a partner on the sewer committee, and could help the Town find cost savings there.  He said that the contract allows for termination by either party.  He said he wasn’t thrilled about the effluent waiver, but considered the overall agreement to be in the best interests of the Town.

Mr. Weiss said he thought the effluent issue was minor, but that the PILOT issue was major, and hoped it might be reconsidered next year.  He said that he didn’t think the subject was worth arguing about now.

Ms. Greeney suggested revising the motion to shorten the length of the contract.  There was no second, and all agreed that this was not possible. 

Mr. Shaffer described the process of the discussion with the University, and how they wanted a comprehensive agreement dealing not just with emergency services but also with water and sewer issues and Mark’s Meadow.  He said that his comprehensive proposal was countered by UMass late in the process with the effluent waiver and PILOT inclusion.  He said that little time was spent on the effluent issue, and that much time was spent on the Mark’s Meadow issue, and the costs associated with educating school children.  He said he thought it was the best agreement that the Town would get from UMass at this point, and that it paved the way for a better relationship and better agreements between the two parties for the future.  He said he was certain UMass wouldn’t consent to the Town now “cherry-picking” the parts of the contract with which it would abide, and said changes would jeopardize the whole thing.  He said completing the agreement allowed him to move on to the other schools for which PILOT is not an issue.

The vote to waive the effluent charges was 3 in favor, 2 opposed, with Ms. Greeney and Ms. Awad voting in opposition.

Committee Appointments: Community Development and Human Rights

Ms. Awad recommended the appointment of Isaac BenEzra to the Community Development Committee.  The vote to approve the appointment was unanimous.

Ms. Awad recommended the appointment of Sarah Cycon and Cecilia Darby, both High School students, to the Human Rights Commission.  Both appointments were unanimously approved.

Discussion of 9/20 Public Budget Forum (9:15)

There was discussion of some draft material Mr. Weiss had prepared for the Budget Forum, for which he requested that the Select Board send him feedback. 

Mr. Kusner asked about the format and intent of the forum, and whether it would take what he termed to be a “bird’s-eye view” or a “worm’s-eye view” of Town spending, and suggested that the former would be more valuable.  He said that the latter was more akin to a mini-Town Meeting, where all the budget details are hashed out.

Ms. Awad suggested adding a question to Mr. Weiss’ document regarding people’s willingness for an override of varying amounts.

Mr. Kusner said he would like to see an open-ended discussion of things that the Town should be doing but isn’t, and hoped to receive new ideas from the public.

Ms. Brewer disagreed with Mr. Kusner’s ideas, which she compared to a visioning process, like that of the Master Plan.  She said she thought it was too soon to address override questions, and didn’t want to be talking about dollar specifics. 

Ms. Greeney said her preferences would depend on whether this was the only planned forum, or whether they intended to hold another after receiving new projections from Mr. Musante next week. 

Mr. Weiss said that the session would not be about brainstorming on how to raise more money, or where to cut corners.  He said there was a place for that discussion, but not at the Thursday meeting.

Isaac BenEzra said he couldn’t attend Thursday due to the election of a new Executive Director for ACTV that night, but said he would like to see a different approach to looking at the budget that is “fair and equitable” and regarding the humans services budget, doesn’t “give less weight to the poorest amongst us.”  Mr. Weiss suggested that he submit such comments in writing.

Proclamation – Constitution Week (9:30)

There was editorial discussion about the wording of a proclamation naming September 17th to the 23rd  as “Constitution Week.”  With further discussion about the beauty and adaptability of the Constitution, and how it and the Bill of Rights are under attack, and the decision to send the proclamation to Washington DC and local legislators, the vote in support was unanimous. 

Closing Discussion

Mr. Weiss noted that he wanted to have meetings end at 9:30, and suggested that taking up any item after that time would have to be approved by a vote. 

Mr. Kusner said that because he had been away, he wanted three minutes to address the issue about the Lincoln Avenue situation that he had referenced at the beginning of the meeting.  Mr. Weiss assured him that the issue and the Select Board’s role had been discussed at length in his absence. 

The body voted unanimously to support Mr. Kusner’s request for three minutes to discuss the 1997 Town Meeting resolution on bike lanes and its applicability to recent Select Board business.

Mr. Kusner read from the 1997 resolution, which: noted the popularity and virtues of bicycling; resolved that Town Meeting support the goal of creating and maintaining a network of bike lanes and other bicycle transportation improvement in Amherst; and resolved that Amherst should attempt to avoid roadway changes “that will make the future implementation of bicycle lanes more difficult until a comprehensive review has been completed.”

Mr. Kusner called the issue “much ado about nothing” and said he hoped to put it to rest now.  He said he had been “amused to a point” to read about the traffic cushion situation while he was away, but became “less amused” as the comments became more personal. He cited his long history as a bicyclist and bicycling advocate.  He said he hoped the people seeking traffic calming for Lincoln Avenue were now calm themselves, and said his efforts were intended to improve the situation there.  He said that if he had had the 1997 resolution at the August 13th meeting, then he “would have hung (his) comments” on it, and contrasted that to having been hanged by his comments instead.  He said the Select Board’s responsibility was not only to uphold the public way, but to deal with the details that enforce the policy of Town Meeting’s legislation.  He said that with any issue it was appropriate for the Select Board to support and to do its best to help the Town Manager to uphold that which the Town has agreed to do.  He said he appreciates the discussion and flexibility by the Board at the September 10th meeting, and would likely have voted with them if he were present.  He said he found some of the discussion since then to be “very unfair and very unfortunate,” and said it misrepresented the intention and involvement of the Select Board.  He said it was their obligation to uphold the law, and said he stood by their unanimous decision of August 13th.

Mr. Weiss reminded viewers of the Public Forum for gathering the public’s budget priorities on Thursday, September 20th at 7:00 p.m. in the Town Room. 

There was discussion about how Select Board members should relay feedback on the proposed Select Board meeting structure document to Town Hall, and not among each other by e-mail, and discussion of issues about the Board’s agenda deadlines. 

The meeting adjourned at 9:48.  The next regular meeting of the Select Board is scheduled for Monday, September 24th at 6:30 p.m. at Town Hall.

-- Stephanie O’Keeffe