(11/6/07)  The Select Board met Monday, October 29th at 6:30 p.m. at Town Hall.  Gerry Weiss, Hwei-Ling Greeney, Rob Kusner, Anne Awad and Alisa Brewer were present, as was Town Manager Larry Shaffer.  Kate Seaman took the minutes.

Mr. Weiss announced upcoming events:  Town Meeting Coordinating Committee’s Zoning Orientation on November 1st and a forum to discuss the Town’s Open Space and Recreation Plan on the same date.  Mr. Kusner said that the Open Space meeting was moved to November 8th, and would be held at the Munson Memorial Library in South Amherst.

Mr. Weiss read praise of Alan Root for the recently established “Unsung Hero Award.”  It spoke of Mr. Root’s long service to the Town, including serving on the ACTV Board, the Comprehensive Planning Committee among others.  It praised his photography talent and his donation of many local photographs to the Town. 

Mr. Weiss said there was a reception being held that evening to welcome exchange students from Russia.  He spoke of the exchange program’s history and value, and his own experience hosting students from the program in the past.

Mr. Weiss said that a legal decision had found in favor of the Town regarding a planned Levi-Nielsen development on South East Street.  He said that the court had determined that the developer was not entitled to a Special Permit for a Planned Unit Residential Development (PURD) which had been granted to the property’s previous owner.  He said that the judgment said that the agreement with the previous owner was not binding and that the decision to grant such a permit must be a made on the merits of the current proposal.

Ms. Brewer said that she had attended a meeting of the UMass Chancellor’s Search Committee that day, and had expressed appreciation for former Chancellor John Lombardi’s work with the town.

Mr. Kusner presented a proposed new charge and name change for the Aquifer Protection Committee.  He suggested that it be called the Water Supply Committee and said its work would parallel and expand that of the previous committee.  There was some talk about committee specifics, and it was then decided to put off further discussion until after Select Board members have more opportunity to consider the draft document.

Mass Recycles Resolution (6:45)

Town Recycling Coordinator Susan Waite asked the Select Board to consider a resolution expressing support for a State-wide paper recycling campaign.  She said that it is estimated that 1.5 million tons of paper and cardboard are thrown away in Massachusetts, an amount she said would fill Fenway Park to the height of the Prudential Building.  She said that it costs money to send that paper to landfills, while money should be being earned from it by selling it to those who process recycled paper.  She said the event’s kick-off is November 15th, but that they want to get as many communities signed up in support beforehand as possible.  She said that event organizers will have a sign with the names of all participating communities highlighted, and that she wants Amherst to be on that list.

Ms. Awad moved to support the Mass Recycles Paper Campaign.  The vote in support was unanimous.

Mr. Shaffer praised Ms. Waite’s work as a tireless advocate for recycling.

Recommendations on Warrant Articles – Article 12 – Accessory Light Manufacturing (6:52)

Planning Director Jonathan Tucker said that Article 12 was the third of the proposed research and development zoning amendments.  He said it seeks to amend the existing section of the Zoning Bylaw regarding accessory uses.  He explained that accessory uses are those that are secondary to primary uses.  He said that the article would allow for accessory uses necessary for scientific research, scientific development and related production activities. He said there would be three changes:  identifying the districts where the accessory uses are allowed; making the permitting authority for the accessory use the same one that granted the permit for the principal use; and specifying a range of specific conditions attached to the uses, making clear that those conditions are not the same as would be allowed for the given activity as primary use.  He talked about various issues covered by those conditions, including creation of prototypes, manufacturing activity and testing related to research and development, required setbacks from dwelling units, prohibition against on-site sale of products, and so forth.

There was discussion about the numerous restrictions regarding accessory uses in different categories. 

Ms. Greeney asked why it was not specified whether the accessory use requires a Special Permit or Site Plan Review.  Mr. Tucker said that that it is because the intention is to have the approval be an amendment to the original principal use permit and to come under the same permitting body, making the process consistent for the applicant and the board and staff members.

Mr. Kusner asked if there is an appeals role for the ZBA if someone believes that a use is inappropriate, before taking such a matter to land court.  Mr. Tucker said that hearing appeals is the original and principal purpose of the ZBA.  He talked about some specifics of how that process works, and said it is collaborative between the ZBA and the Planning Board, with the Planning Board receiving notice of upcoming Special Permit reviews to seek recommendations and input.  He said the Planning Board could notify ZBA of Site Plan Review hearings as well, and that there are more opportunities for further collaboration.    

The vote to recommend Article 12 to Town Meeting was unanimous.

Committee Appointments (7:17)

Ms. Awad recommended Jonathan O’Keeffe for appointment to the Nyeri Sister City Committee.  The vote to approve the appointment was unanimous.

Mr. Shaffer recommended the appointment of Jacquelyn Smith-Crooks to the Personnel Board.  The vote to approve the appointment was unanimous. 

Recommendations on Warrant Articles – Article 20 – Citizen Petition - Effluent Waiver (7:20)

Stanley Gawle of Amherst Taxpayers for Responsible Change said that the article strongly urges the Select Board to rescind its vote in support of the effluent waiver as part of the 5-year Strategic Partnership Agreement with UMass.  He said that they had approved it hastily and without complete financial information.  He said that the UMass press release on the subject only referenced effluent use for the new power plant, and he said that UMass had paid Amherst $38,000 for 57 million gallons of effluent for the old steam plant.  He talked about the many millions of additional gallons that would be used by the new science building and for irrigating the athletic fields.  He said that without the waiver, that could have amounted to a $445,000 gain for the Town over five years, rather than the $200,000 the Select Board was anticipating losing by granting the waiver.  Mr. Gawle said that due to the financial impact of the decision, it is important that the Finance Committee and Town Meeting have the opportunity to discuss it.

Mr. Weiss said that the use of effluent saved the equivalent amount of drinking water for the Town.  Larry Kelley, a petitioner of the article, talked about the various profit differentials for the Town if UMass were to use drinking water rather than effluent, and doing so at the current rates versus the former higher tiered rate. 

Mr. Kelley said that when the Select Board approved the agreement, they had thought that portion was costing $200,000, and that they are now finding out it is more likely to be $400,000 or $600,000.  He said that taxpayers don’t care if the increases they pay are in the form of a property tax bill or a water and sewer bill, and said that this decision would cost taxpayers money.

There was discussion of a peak water usage day for UMass; of the different ways payments from UMass could increase through the formula of the partnership agreement and through water rate increases; of the capital investment UMass had made for the ability to use effluent and the savings UMass will realize through this and other water conservation; of the tax money the Town will no longer get because UMass bought the former fraternity properties; of the amount of reserve capacity built in to the Town water system, and other related issues.

Mr. Kelley and Mr. Gawle reiterated their points about the Town having gotten a bad deal from this part of the partnership agreement, and the money it could lose because of that.  Mr. Weiss emphasized that he wouldn’t want to nullify the whole agreement because of this one element, and that he doubted the monetary losses Mr. Kelley and Mr. Gawle were predicting.  Ms. Awad talked about the history of the original agreement to sell the effluent to UMass and the irony of the Strategic Partnership Agreement being a new source of revenue that was taking away that previous revenue source. 

Ms. Greeney wondered if the Town had information to back up Mr. Kelley’s and Mr. Gawle’s numbers.  Mr. Kelley noted that he had requested that Department of Public Works (DPW) Superintendent Guilford Mooring be at the meeting, and said he had gotten his Town figures from Water Resources Director Robert Pariseau.  Mr. Kelley said he would have additional documentation from UMass for Town Meeting. 

Mr. Shaffer said he is proud of the Strategic Partnership Agreement and its benefits to UMass and the Town.  He said that water is not available in unlimited quantities and anything that encourages conservation by the Town’s largest water user is beneficial.  He talked about the $130 million investment that UMass had made in its new steam plant, and UMass’ 40% reduction in water consumption over the past four years.  He said the University would be willing to invest in its own water infrastructure and that the Town doesn’t want to encourage UMass to go independent with its water or wastewater treatment, and wanted to keep it as a customer of the Town.  He said the Town would look for opportunities to take advantage of UMass’ infrastructure, and said that at the end of the five-year agreement, its terms would be reconsidered.  He said it isn’t clear that UMass will always be able to use Town effluent as it intends, and said that some effluent concentrations had not been usable so far.  He said the agreement is truly a partnership and not an attempt to get as much money as possible from the University, and he said he stands by the agreement.

Mr. Kusner mentioned a lecture series on water issues at the UMass Environmental Institute.   

There was some discussion about how to proceed with an article which was advisory to the Select Board.  Mr. Weiss said he has reconsidered the previous standard practice of not taking a position of those, and now believes that they should take a position based on if they believe the advice is or is not good for the Town.  He said that if the advice “doesn’t matter” then a position was not necessary.

Mr. Kusner said that it was a package agreement, and said he didn’t see how they could pick and choose among its parts without withdrawing from the whole thing.  Mr. Shaffer concurred, and said that if they reject the effluent waiver, he would try to negotiate with UMass, but that he was not optimistic about the outcome, and said it would probably require a new agreement.

Ms. Greeney said she recognizes effluent water use as a sound practice, and she supports Mr. Shaffer’s efforts to work with the University.  She noted that the Select Board serves as water and sewer commissioners and that she does not intend to “abrogate (her) authority” as such, and said they were not made aware of the full impact of the waiver when they voted on it.  She said she was “very comfortable” to ask Town Meeting “to re-examine the matter” and to recommend that the Select Board reconsider its vote.

Mr. Weiss said that water conservation is critical, and that he was not convinced that the agreement will cost the Town money, though he said he thinks the gains may decrease over time.  He said the agreement will help to conserve water and to encourage future agreements with UMass, and said he thinks it would be “foolish of us to trash this agreement” by rejecting the effluent waiver.

Mr. Kusner and Ms. Brewer gave their now-standard detailed disclosures about their ties to UMass.

Ms. Brewer said that when she had spoken with the Chancellor’s search committee, she talked about the new level of cooperation between UMass and the Town in the last few years. She said she believed it would be “a very, very poor choice to throw the entire agreement out” because of dissatisfaction with one element.  She said that they will carefully track water usage and costs each year, and said that if the results are markedly negative, they can ask UMass to “come back to the table.” 

Ms. Awad said she supported the agreement and was impressed by Mr. Shaffer’s work on it, but had voted against signing it because she was “insulted” by the handling of the effluent waiver.  She said that as water and sewer commissioners, they should have been brought into the negotiations on this topic, and that she might have then supported the waiver.  She said she objected to being informed about it only a couple of days before they were to sign the agreement.  She said she appreciated Mr. Kelley’s and Mr. Gawle’s information to help the Select Board evaluate the agreement going forward.

Ms. Greeney moved to recommend Article 20.  There was no second. 

Ms. Brewer moved that the Select Board take a position to not recommend Article 20.  Mr. Weiss seconded it.

Mr. Kusner said he was tempted to move that they take no position.  He said he agreed that as water and sewer commissioners, they should have been involved in the negotiation of this issue.  He said he thinks the investment in effluent is a benefit to all parties.  He said he thinks “we could do better” in terms of the agreement, and that he has told the Town Manger that, but thinks this is a good start.  He said that looking at individual pieces of the agreement was missing the larger picture.  He said that he appreciated the information provided by Mr. Kelley and Mr. Gawle, and that it could help inform future agreements. 

Mr. Kelley said that the Strategic Partnership Agreement says that the Town should pursue ways to keep down further rate increases and said that selling the effluent would do that.  He said that the Town could then afford to invest in the infrastructure that would help the Hickory Ridge Golf Course, farmers, and others to utilize the effluent as well. 

The vote to not recommend Article 20 was 3 in favor, 2 opposed, with Ms. Awad and Ms. Greeney voting to oppose.

There was a short break.

Joint Meeting with the Jones Library Trustees to Elect a New Trustee (8:13)  

Ann Grose, Molly Turner, Anita Page, Pat Holland and Kathleen Wang were present for the Library Trustees. 

Mr. Weiss said that there has been a vacancy on the Library Board of Trustees since September, which this joint group would now vote to fill.  Ms. Wang noted that the person elected would serve until the Town’s April 1st election.

There were three candidates for the position:  Naomi Ossar, Chris Hoffmann, and Louis Greenbaum.    Each gave statements about why he or she desired to serve as a Trustee.  Members of the Library and Select Boards took turns asking questions of the candidates about their visions for the library and how they might deal with its budget challenges in the face of the Town’s grim financial situation. 

After all had the opportunity to ask a question, there was a roll call vote, alternating between the Select Board and the Library Trustees.  The winning candidate required six votes.  Ms. Brewer voted for Mr. Hoffmann.  Ms. Grose voted for Mr. Hoffmann.  Ms. Awad voted for Mr. Greenbaum.  Ms. Turner voted for Mr. Greenbaum.  Mr. Kusner voted for Mr. Greenbaum.  Ms. Page voted for Mr. Hoffmann.  Ms. Greeney voted for Mr. Hoffmann.  Ms. Holland voted for Mr. Greenbaum.  Mr. Weiss voted for Ms. Ossar.  Ms. Wang voted for Mr. Greenbaum. 

This vote resulted in five votes for Mr. Greenbaum, four votes for Mr. Hoffmann and one vote for Ms. Ossar, so no candidate received the six votes necessary, and another round of voting was required.   Mr. Weiss said that he would vote for Mr. Greenbaum in the second round, and no one else desired to change his or her initial vote, giving Mr. Greenbaum six votes to win the seat.

Town Manager’s Report (9:30)

Mr. Shaffer said he had a good and inspirational story to tell.  He talked about that day’s grand opening of the Senior Health Services program under the auspices of the Council on Aging and the Senior Center.   He said that Lisa White has been hired as the new registered nurse for the program.  He said that many volunteers are involved, and praised Dr. Daniel Clapp for helping to oversee the program.  He said that a local couple had donated $100,000 to the program, and said he was “extremely impressed with that gift.”  He said that the program provides “enhanced services to seniors” and is run at no cost to taxpayers.

Mr. Kusner expressed the Select Board’s appreciation to the donors.

[Note: the Senior Center’s nursing program has been supported by an annual donation of $10,000 from these donors for each of the last ten years.  In case there is any confusion, there was not a new $100,000 donation, but rather, the donations have totaled $100,000 to date.]

There was discussion about how to handle the Town Manager’s evaluation, and what must or can occur in executive session, and what does or doesn’t get released to the public.  Mr. Weiss said he would seek the opinion of Town Counsel before they proceed.

Approval of Minutes

With some discussion, the minutes of October 1st, October 15th, and October 22nd were accepted as amended in a vote of 4 in favor, 1 abstention, with Ms. Brewer abstaining because she had not finished reading them.

The meeting adjourned at 9:41.  The next Select Board meeting was scheduled for Monday, November 5th at 6:30 p.m. in the Middle School music room, prior to Town Meeting.

-- Stephanie O’Keeffe