Public Comment Rules Modified. Public Comments Decry Condition of DPW Building and Advocate for Free Higher Education
Buckets collecting dripping water at the DPW building long after an August 2023 rain. Photo: Kitty Axelson-Berry
Report on the Meeting of the Amherst Town Council, January 22, 202
This meeting was held in hybrid format (in person in the Town Room of Town Hall and over Zoom) and was recorded. It can be viewed here.
Present
Lynn Griesemer (President, District 2), Cathy Schoen and Freke Ette (District 1), Pat DeAngelis (District 2), Hala Lord and George Ryan (District 3), Pam Rooney and Jennifer Taub (District 4), Ana Devlin Gauthier and Bob Hegner (District 5), Mandi Jo Hanneke, and Andy Steinberg (at large). Absent: Ellisha Walker (at large). Schoen participated remotely
Staff: Paul Bockelman (Town Manager) and Athena O’Keeffe (Clerk of the Council)
Public Comment
Andrew Brace, representing town employees who work at the Department of Public Works (DPW) building, described the multiple leaks in the roof of the DPW building and the safety and health hazards that they pose. He reported that rain recently leaked through two floors into a staff lunch room. He asked for an update on the status of the town’s plans to repair or replace the building. [see Kitty Axelson-Berry’s Photo Essay on the DPW after a rainy night from August 2023).
Most of the other comments were made by UMass students urging the town to support State Representative Natalie Higgins’ (Leominster) proposed amendment to the CHERISH Act (Committing to Higher Education Resources to Insure a Strong and Healthy Public Education System). The CHERISH act, sponsored by State Senator Jo Comerford, would allow many students at the state’s public higher education institutions to graduate debt free. One commenter, Liam Rue, said that although the CHERISH act would help the neediest students, it would not help middle-income students who cannot afford the full cost of tuition and fees, but Higgins Debt Free Future amendment would support all students.
Kairo Serna, a student at UMass, noted that half of the residents of Amherst are students, and urged town government to advocate for them. Mikayla White and Henry Morgan also spoke for the amendment. White said that she is “terrified” to graduate and have to repay her student loans, and that she “shouldn’t have to work three jobs to pay for her education.” Ella Provaker called the amendment a “huge stride to economic justice.”
Resident Vince O’Connor spoke about a plan to improve Amherst’s economy that he first introduced at the January 8 meeting of the council. He proposes that the town create a committee to negotiate an agreement with Amherst College to contribute $750,000 to $1 million annually to Amherst’s elementary and secondary schools; a committee to negotiate payment from UMass for the thousands of vehicles that use the town’s roads but pay excise taxes to other communities; and for the town to advocate for universal single-payer health care (Medicare for All), as supported by Western Massachusetts state senators and representatives.
Interviews for Housing Authority Vacancies Set for February 5
Councilors were joined by Marc Barrette and Pam Rogers of the Amherst Housing Authority (AHA) to discuss filling the two vacant positions on the AHA. Council Vice President Ana Devlin Gauthier explained the procedure for filling the positions, which includes a joint interview of applicants followed by a vote of town councilors and remaining AHA members. This is the same procedure used to fill the school committee vacancies in September.
According to the town website, the mission of the Amherst Housing Authority (AHA) is: to preserve and to expand decent, safe and affordable housing for low and moderate income households, elders, and persons with disabilities; support programs, services and resources that promote economic self-sufficiency, and improve community quality of life, tenant empowerment and responsibility; maintain quality of service delivery and ensure equal opportunity in housing; and operate programs and deliver services that maximize financial and human resources while maintaining fiscal responsibility. The Amherst Housing Authority (AHA) receives funds from both the state of Massachusetts and the federal government.
The councilors discussed proposed interview questions. Hala Lord wanted to make sure that the questions include the candidates’ personal experience with renting housing, especially Housing Authority housing. Rogers pointed out that renter representation is built into the AHA composition because it has to include someone who is a tenant. Devlin Gauthier will take into account suggestions to limit the questions to five main areas and will share the final questions with the applicants prior to the scheduled interviews on February 5.
The statements of interest have not yet been posted on the town website.
Rules Regarding Public Comment Modified
The Governance, Organization, and Legislation (GOL) Committee of the council has been reviewing the council’s Rules of Procedure (ROP) over the past year to update them. The rules for public comment and meeting conduct have received special attention because of a 2023 Supreme Judicial Court (SJC) decision in Southborough that confirmed a resident’s right to express her views vehemently, after she was silenced by the chair of the Select Board for being “rude.” The SJC ruled unanimously that local governments can encourage but cannot mandate “civility” at public meetings. (see also here).
With that ruling in mind, GOL revised the public participation guidelines (Rule 5 of Rules of Procedure) for council meetings to say, “Public comments shall be on matters within the jurisdiction of the Council, be made in a peaceable manner, and comply with the First Amendment of the United States.” A public comment period is required at regular council meetings, but not at special meetings.
Individuals wishing to speak at a meeting must register with the Council Clerk if in-person or, if on Zoom, must raise their hand prior to the start of the comment period. Those not on the register might be allowed to speak if the president determines that time allows. Each person is allowed to speak for a minimum of two minutes, but is only allowed one opportunity at a meeting to address the council, and may not yield their remaining time to someone who has not signed up (or has already spoken). The council reserves the right to return to its regular agenda after the public comment period reaches 120 minutes. It may return to public comments later in the meeting.
George Ryan questioned the wording “peaceable manner” and “complying with the First Amendment,” saying they are vague. Previous GOL Chair Pat DeAngelis replied that this was the wording recommended by the town attorney, and that the word “civility” was definitely not allowed. Mandi Jo Hanneke said that certain limitations are specified in the First Amendment, such as yelling “fire” in a crowded room, and that this kind of incitement can be prohibited.
Pam Rooney objected to individuals not being allowed to cede their time to someone else, who might have special expertise on a matter that cannot be stated in a two-minute comment. She said that the moderator for Town Meeting occasionally let someone go over the allotted time, when important information was being conveyed. Hanneke responded that there is no limit to the length or number of emails that an individual is allowed to send to the council, so they “should not” need additional time to speak at meetings.
The proposed public comment rules changes passed 12-0. GOL will revisit the subject in the coming year.
Rule 6 of the Rules of Procedure deals with the Code of Conduct for participants in meetings. The major change was that cell phones and similar devices should be silenced during meetings. Councilors Andy Steinberg and Ryan moved to add that participants should not have private conversations via texts or emails during the meeting. Rooney mentioned that it would be difficult to enforce this provision for those participating on Zoom. Also, there may be instances where councilors or other participants need to communicate with family members or obtain other information during a meeting, and this should not be prohibited. Jennifer Taub said this proposal feels like “Big Brother” regulating behavior. Devlin Gauthier agreed. Only Steinberg and Ryan supported the motion to prohibit texting and emails during meetings. The remainder of Rule 6 passed 12-0.
Presentations on the Town Manager Goals Completed
Continuing the introduction to the 2024 Town Manager goals begun at the January 8 meeting, councilors summarized the sections on climate action, housing affordability, and economic vitality.
Devlin Gauthier said that the town’s climate action goals are based on the Energy and Climate Action Committee’s CAARP Plan (Climate Action And Resiliency Plan), which states that the town employ a “climate lens” when making a purchase or hiring personnel. She pointed to current initiatives such as the community choice aggregation plan for purchasing renewable energy, the solar and the waste hauler bylaws, and applying for available funding to meet the climate action goals for 2025. She pointed out that the Massachusetts Municipal Association (MMA) is also focusing on climate action in the coming year. Ten councilors attended the recent MMA meeting.
Hanneke spoke about the town’s Comprehensive Housing Policy in regard to housing affordability. The policy advocates for increased diversity of housing types, although not increased diversity in terms of the cost of housing. The Community Resources Committee is promoting safe and secure housing through its proposed rental registration policy, which will soon come before the entire council. According to Hanneke, the council will need to vote on which of the housing goals to prioritize and may need to introduce proposals to modify zoning in order to reach them. Ryan said that this prioritization needs to be a topic at the councilor retreat. Cathy Schoen noted that the town needs to protect smaller homes from being converted to student housing. Freke Ette questioned how the council would evaluate the Town Manager’s performance in increasing housing diversity and affordability. Hanneke replied that this goal refers to promoting houses of different size and cost in neighborhoods.
Council President Lynn Griesemer said that the town can increase its economic vitality by working with local institutions and businesses to produce new businesses and housing in village centers and downtown, reducing barriers to establishing a business in Amherst, producing zoning changes to promote business development throughout town, and supporting services and housing for year-round residents, so that businesses will have year-round patronage, not only when the university is in session.
“The decision was made to hire a DEI Director instead of an Economic Development Director, and there are no funds for an Economic Development Director”.
Town Manager Paul Bockelman
Devlin Gauthier was concerned that, without an Economic Development Director, the town has leaned heavily on the Business Improvement District and Chamber of Commerce, and that BID Director Gabrielle Gould has now resigned. Town Manager Paul Bockelman replied that the town has no plans to hire an Economic Development Director. The decision has been made, he said, to hire a DEI Director instead, and there are no funds for an Economic Development Director. He also cautioned that, in addition to limitations in staffing, some initiatives take time. Specifically, many of the residential rental registration provisions require work by the understaffed Inspection Services department, although some of the economic development projects can be contracted out. Ryan noted that “This goal is what drives all of the others. If we don’t have a flourishing and economically vital town, we can’t accomplish our climate action goals. We can’t accomplish our housing affordability goals. We can’t accomplish our major capital investments. So once again, this is a can that gets kicked down the road, and so that’s frustrating to me.”
Griesemer noted that she has not yet been able to find a date for the council retreat that works for everyone.
Sandy Pooler to Return to Finance Department
Town Manager Paul Bockelman announced that former Finance Director Sandy Pooler is returning to help in the Finance Department which is short handed since the resignation of Sean Mangano in August. Pooler served as Amherst’s Finance Director from 2011 to 2016. Since that time, he has served as Assistant Town Manager and Town Manager of Arlington, Massachusetts. He has just retired from that position. He will be working 10 to 15 hours per week.
Council Proclamations and Other Announcements
The council passed proclamations for Black History Month and the Lunar New Year. February was proclaimed Black History Month. It will be celebrated with a flag-raising ceremony at Town Hall on February 1 and with events throughout the month. The Spring Festival and Lunar New Year will be celebrated at Amherst Regional Middle School on Saturday, February 17 from 10:30 to 1 p.m. The 15-day celebration of the Year of the Dragon begins on February 10.
With plans to bring in fill to the site of the new elementary school at Fort River this spring, Steinberg worried about traffic being diverted to surrounding neighborhoods during the construction. Bockelman said the town is working on traffic control in the area. Hanneke pointed out that traffic is already being diverted to neighborhood streets because of the extensive work on Route 9 by Eversource. She wanted to know when this work would be finished. Bockelman said he was unsure.
Devlin Gauthier announced that she will be including in council packets a report on the status of bills pending in the state legislature that may have relevance to Amherst. She invited other councilors to inform her of any bills they would like to have tracked.
DeAngelis reported on concerns of the Disability Access Action Committee. She said, “There is a consistent feeling on the committee that they are ignored by planners and by the DPW.”
Bockelman said he did not agree with DeAngelis’ comments. He said staff attend every meeting of the DAAC and respond to questions at the time. He added, “Things that are appropriate for the DAAC are always presented in a timely manner.”
The meeting adjourned at 9:57 p.m. The council next meets on February 5. That meeting will include interviews for applicants for the Housing Authority.
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A *minimum* of 2 minutes?! Arguably, that means no *upper bound* on an individual’s speaking time, until the collective 120 minute limit is reached!?
And maybe the former Finance Director, newly returning to help the City known as The Town of Amherst, could also help by acknowledging the windfall profit on the former Eva Schiffer house, and set an example for other large, tax-exempt landowners in Amherst to contribute more to our public schools and other important municipal functions?
Re Rob Kusner’s comment above: In what way was this reported profit a “windfall,” and who, exactly, benefited from it?
To the best of my memory, when former Select Board member Eva Schiffer died, her house at 27 Kendrick Place was donated to the Town of Amherst with the stipulation that it be “affordable” to a Town employee. The former finance director was the only bidder when the Town sold, and purchased it in 2014 for $35K below assessed value:
http://onlyintherepublicofamherst.blogspot.com/2014/08/
Apparently this stipulation didn’t survive the deed, and that house was marketed (and almost resold) less than 2 years later for a $125K (55.6%) profit, but the sale fell through and about a year later it was eventually sold for $70K (31.1%) profit; less than 2 years later it was resold again for an additional $75K (25.4%) profit:
https://www.zillow.com/homedetails/27-Kendrick-Pl-Amherst-MA-01002/56256121_zpid/
The former finance director was (presumably) the beneficiary of the 2017 sale, and a deed search would show the beneficiary of 2019 sale.
Larry Kelley also commented on this situation in March of 2016, when Mr. Pooler put the former Schiffer home up for sale: https://onlyintherepublicofamherst.blogspot.com/2016/03/unfair-profits.html
From what I remember, the house did not sell, and was then rented out by Mr. Pooler until it sold the following year. It was sold to an LLC, so it must have continued to be used as a rental (and presumably not an affordable one).
I remember that when the town was first marketing the property but having little success in finding takers, the house was described as being in somewhat poor condition. Renovation of an older property can be an expensive undertaking, so this seemed to make sense. The town’s lack of sales success led to its going to court to break the terms of Eva Schiffer’s will. Rather than being sold to a rank-and-file town employee, it was sold to one of the highest-paid town employees.
When Mr. Pooler put the house on the market for $350,000 in 2016, I was curious to see what had been done to the house to bring it into such fine shape. From the information on the property card, it appeared that the only “improvement” that had been done was to remove the knob-and-tube wiring. A look at the real estate listing showed a frankly charming old-fashioned bungalow that looked like it had been very well maintained during its 100+ years of existence.
Why exactly things happened as they did is not clear, but it certainly leads one to believe that rather than find a way to comply with Eva Schiffer’s wishes and honor her generosity, the town preferred to wash its hands of the matter and take the easiest way out. Amherst loudly proclaims there’s an affordable housing crisis, yet when it had a chance to do something about the situation, it chose to contribute to the problem instead of taking one small step to help combat it.
I understand that no one involved in affordable housing wanted to deal with the lead paint, its abatement required for family housing. Others may have different recollections.
The Massachusetts Lead Law “requires the removal or covering of lead paint hazards in homes built before 1978 where any children under 6 live.” (From mass.gov) This law was passed in 1971, and thus is nothing new. It is presumed that houses built before 1978 contain lead-based paint; this too is no surprise. In the agreement signed by Eva Schiffer, it does state that “Schiffer represents she has no knowledge of any known hazardous waste issues on the property.” Whether or not this refers specifically to the presence of lead is unclear, but it certainly could; given Schiffer’s attention to detail, I would guess that it does.
Even if the house did contain lead-based paint, it was not an insurmountable problem. The agreement between Schiffer and the Housing Authority was signed in March of 2008, and she died in November of 2010. That would have allowed nearly 3 years for this issue — if it indeed was an issue — to be worked out. If the Housing Authority felt that this issue presented an insurmountable obstacle to the sale of the house, it should have made that known and declined to accept ownership of the house, so that Schiffer could have found other means to accomplish her goal.
Instead, it looks like the town made a very half-hearted effort to comply with her wishes, and then just took the easy way out. This is not to cast aspersions on the town employee who did purchase the house; it is to wonder why the wishes and good intentions of an individual who gave tremendously of herself to the town did not seem to merit the effort and respect that they deserved. As Larry Kelley noted, “I guess the only way to ensure a contract is carried out after you die is to never die, or quickly return as a vengeful ghost.”