Sophie's (Housing) Choice

Rolling Green Apartments

Having grown up in Amherst, on the wrong side of the tracks, in a single parent household, where my Irish mother had to rent out over half our home, I appreciate the monthly struggle to makes ends meet.

Amherst was not an easy place to afford back in the Kennedy era.  And it's far worse now.

So I sympathize with the tenants of 41 apartments at Rolling Green who face annual rent increases until all the subsidized units hit "market rate."  Which in Amherst only takes one word to describe:  expensive.

But I'm just not sure throwing $1.25 million in public money at the problem is the best solution.

Amherst Town Meeting will be asked to chip in that amount so that a unnamed "highly reputable affordable housing developer" can buy the entire complex -- all 204 units -- just to keep the 41 units forever affordable.

Kind of like the affordable tail wagging the market rate dog.

Two weeks ago Town Meeting approved the Amherst Affordable Housing Trust Fund as a repository for funds to be used to help put together public/private partnerships to jump start affordable housing building projects.

Might that $1.25 million be better spent enticing a brand new development in town rather than helping to purchase units that over 50 years old?

Because what Amherst really needs is more housing -- and LOTS of it.

Clowns To The Left Of Me, Jokers ...

 

Ben Grosscup wielding a dangerous weapon

Just our luck that on 5/19 Ben Grosscup decides to show up for his only appearance thus far out of eight sessions of the 256th annual Amherst Town Meeting to sing in opposition of drones.

You Talk Too Much ...

Springfield Sunday Republican

Today's Springfield Sunday Republican lead editorial was already getting lots of shares five days ago when it first hit the Internet, but it's even better that it made the print edition on the highest read day of the week for any newspaper.

Besides, the folks who exclusively get their news via print newspaper these days are an older crowd, so chances are a fair number of Amherst Town Meeting members will see the editorial. 

Too bad the editorial writers did not hold off a couple days to incorporate Wednesday's session of Town Meeting into the mix as it perfectly illustrates one of the major problems with Amherst Town Meeting:  The entire two hour twenty minute session dealt only with  "citizens petitions" and all four of them were from one citizen:  Vince O'Connor.

 Petition A

Since it only takes ten signatures to get on the warrant for the Annual Spring Town Meeting there's little barrier to entry.  And as you can see from Vince's petitions the very same people can sign all four requests to get on the ballot.  So all you need do is host a tofu dinner party for ten.

Petition B

Town Meeting also has little barrier to entry for being elected as it only takes one signature to get on the ballot, and yes that one signature can be your own.  Nobody seems to care about the local elections demonstrated by Amherst's usual turnout of well under 30% on average vs Presidential elections every four years where turnout is always in the 65-to-70% range.

Petition C

This lowering of the bar (from ten signatures to one) was passed by Town Meeting in 1997 and gave the Select Board permission to petition the state legislature for the change as a means of stimulating interest in bringing in fresh blood.  Unfortunately all it did was make it easier for the same old activists to recruit birds of a feather.

Petition D

As the editorial points out most neighboring towns finish their Town Meetings in one night or two, while Amherst Town Meeting seems to drone on forever.  The current 256th Annual Town Meeting has already met for 8 sessions and will require at least two more for a final box score of 10.

Over the past ten years Amherst Annual Town Meeting has required an average of 8.8 meetings with a high of 12 sessions in 2006 and 2007 to a low of "only" five in 2010.

One ironic solution would be to file a petition next spring (requiring only 10 signatures) increasing the minimum number of signatures from 10 to 100 -- or better yet 200 -- to get an issue on the annual warrant.

And just to illustrate the point, file another one (using the same ten people) saying something totally ridiculous like changing the name of Amherst to "La-La Land." 

Or officially changing the spelling of Amherst to take out the H, thus ruining their favorite tag line "where only the H is silent."

Another vital change would be to cut in half the number of Town Meeting members thereby increasing competition for the honor of serving, and increasing accountability since there would be fewer members to keep track of.

Over the past ten years attendance has averaged 66.7%, so one-third of the body fails to show up anyway.  

#####

Attendance for the current Town Meeting (note 22 members are 0-8 and another 12 are 1-8 and only 68 members out of 251, or just 27%,  have a perfect attendance record)

Vince Strikes Again

 Vince O'Connor in the spotlight

It looks like even the Town Manager may support my "Motion To Dismiss"  Vince O'Connor's Articles 6 & 7 coming up at the June 2 Special Town Meeting.

You would think a guy who spends most of his free time on the arcane minutia of zoning and other local government ordinances would have checked state law for procedural ground rules.

Makes you wonder what other major mistakes he made in putting together the wording of those articles, which require a two-thirds vote of Town Meeting.

Mighty Vince Strikes Out

Vince O'Connor

Maybe Vince O'Connor should have led off his first of four presentations with a "thank you" to Town Meeting for even allowing his first -- and by far most controversial article -- to be moved to tonight, since it came up on Monday and he was not present to present it.  

And attending a basketball game in Springfield is not exactly a great excuse not to be present. 

After about an hour of discussion O'Connor's motion to authorize the Select Board to forcefully take by eminent domain a building recently purchased by Amherst College failed in a most telling way:  Town Meeting, by a 81-72 Tally vote, supported a "Motion to Dismiss."

Even more telling, that definitive motion was made by one of the least liked members of the august body.

Next up O'Connor's resolution to support a House Bill that would allow Section 8 vouchers to count as affordable housing units to artificially keep Amherst above the 10% Subsidized Housing Inventory failed on a voice vote.

His last two articles -- tax credits for landlords with Section 8 low-income tenants and reconfiguring the Rental Bylaw Implementation Group -- would have failed outright if voted on as originally presented, but each article was saved by being "referred back to a committee." 

A nice way to send them off to die quietly (with at least a little dignity).  

Tonight's Town Meeting wrap up:   Four citizen petition articles disposed of -- all of them from Vince O'Connor. 

Inside Town Meeting

 

Town Manager and most of Select Board vote "No" to moving Vince O'Connor's land grab article to tonight

A couple of non binding "resolutions" passed Town Meeting Monday night -- the drone ban and let's buy a $3 million apartment complex -- but both of them were so watered down via revisions that they will have no impact whatsoever on the real world.  Not that Amherst lives in the real world.

Just as academics in our enlightened community decry the public schools "teaching to the tests," it seems Town Meeting activists are tailoring their petitions simply to pass Town Meeting.  Not a very high hurdle to clear.

The original drone article stated that "No agency of the town will operate drones capable of violating the constitutional rights of residents ..."  Since any drone is "capable" of that, the wording pretty much amounted to a ban.

But what passed Town Meeting was reworded to say nobody can operate drones, "In a manner that violates the constitutional rights of residents."  Which is kind of like saying no baseball bats will be used in a manner to purposely break the heads of residents.

Gerry Weiss significantly watered down his article from telling the Select Board to take Echo Village Apartments by eminent domain to, "It is the sense of Town Meeting" that town officials should continue to negotiate with Jamie Cherewatti for purchase of the apartment complex.

Maybe he should have just said, "Pretty please."

Look, Up In The Sky!

UPDATE 10:30 PM  To no great surprise Amherst Town Meeting voted overwhelmingly to ban drones on a local level and to ask our federal representatives to file legislation to stop international "targeted killings."

Meanwhile, somewhere in the bowels of Hell, Osama Bin Laden smiled.

 #####

Just as some folks in Amherst view the American flag as a "symbol of terrorism and death and fear and destruction ...," so too will drones be viewed in only a negative light. 

Yes this is Amherst, where 30 years ago we became a "nuclear free zone."

Associated Press 5/18/1984

Soon to be a, "drone free zone."




Source: CriminalJusticeDegreeHub.com

Town Meeting: The Horror ... The Horror!

Amherst Planning Board in the hot seat

If you ever wondered why the Charter change movement came ever so close to replacing Town Meeting with a more efficient City Council ten years ago, last night's session provided a grim reminder.

After an hour-and-a-half discussion that ranged from BIG government has no right to intrude on artists and piano teachers, to slumlords are ruining our neighborhoods, Town Meeting failed to muster the two-thirds vote required (90 yes, 76 no) to pass a simple Home Based Businesses zoning ordinance. 

The measure would simply have brought Amherst into the 21st century by categorizing and approving home based businesses and giving the Building Commissioner the authority to grant waivers to keep things simple.

 Building Commissioner Rob Morra, leading the Charge of the Light Brigade

And unlike the new Rental Registration and Permit system the Building Commissioner also oversees, there would be no registration fee for a low-impact businesses like teaching piano, guitar or knitting.

Head Planner Jonathan Tucker pointed out his mother used to teach piano at her home in South Amherst.  And there is a difference between having one or two students per day more as a hobby than seeing a half-dozen or more students daily as a full-time profession.

The Planning Board was one-for-two however as Town Meeting, after an hour of discussion,  did approve rezoning land owned by Hampshire College around Atkins Farm Country Market to "Village Center" thus allowing mixed use (commercial and residential) development to take place.

Property above and along side Atkins Farm Market rezoned to Village Center:  ("If you build it ...")

Unlike our other two institutes of higher education, Hampshire College pays NO Payment In Lieu Of Taxes.  UMass pays $325,000 and Amherst College pays $90,000 annually (although they insist on calling it a "gift")  for the protection of Amherst Fire Department.  And Hampshire College requires about the same number of responses as Amherst College.

Thus allowing them to develop these parcels with a mix of business and residential will at least add to the tax rolls and maybe help alleviate an exceedingly tight rental market. 

Currently the tax base in Amherst is exceedingly lop sided with residential making up 90% and commercial only 10% of the revenue generating tax base.

Town Meeting Strikes Again

Amherst Town Meeting counted standing vote

Two episodes from Monday night's Town Meeting 3rd session, one amusing one not so much.

During a discussion of borrowing $322,000 for mega lawnmowers used to groom the massive amount of open space property the town owns, member Shavahn Best moved to reduce the amount by over one-third and have the DPW shop on the Internet for battery operated mowers.



When DPW Chief Guilford Mooring threw up a photo of the mower in question there was little question as to whether an electric mower could do the job.  Actually no question at all.

Town Meeting overhead of DPW mower request

Town Meeting almost unanimously voted to spend $151,000 for 20 acres of open space property (2/3 state money) in East Amherst, the same property they voted down 72 "Yes"-90 "No" back in the Fall when it required a two-thirds vote to pass.

Town officials, not taking any chances, removed the term "eminent domain" from the article and since the town was using CPA money ($41,785) it then only required a majority vote. Not that it mattered since the "Yes" votes were thunderous.  

The very next article Town Meeting once again near unanimously voted (death to the lone malcontent) to place on the November ballot a doubling of the CPA tax from 1.5% to 3%. 

Amherst already has the highest property tax rate in the area ($20.97/$1,000 compared to Hadley $10.64/$1,000).

The huge financial burden for homeowners in Amherst is they make up 90% of the tax rolls and commercial property only 10%.  Even more debilitating, half the property in Amherst is owned by tax-exempts, meaning the other half -- home and business owners -- have to carry twice the weight.

That tax exempt disconnect only worsened with the 20 acres in East Amherst acquired by the town on Monday night.

And if you are a commercial property owner, the first $100,000 in valuation is NOT exempt from CPA (costing you an additional $62.37).   If you own property in the downtown, there's the Business Improvement District extra surcharge to pay as well.

When Town Meeting voted an increase in the water/sewer rates the Town Manager defended it as "only" a couple dollars per month.  Now the CPA tax increase will add "only" $69 per year to the average home ($113 for a commercial property).

Adding to an annual tax burden that's already too big a burden.  More so if you own commercial property.  Even more so if it's located in the downtown BID area.

No wonder Amherst is considered an unforgiving place to do business. 

Democratic Bully Pulpit

 

Vince O'Connor on the attack

Vince O'Connor is now 1 for 2 after last night's epic fail at an attempt to hack 10% from the Planning Department budget, which was to go hand-in-hand with with his 79-74 victory Monday night to increase Social Service spending (charitable organizations) by $125,000.

So obviously many of the 79 Town Meeting members who supported his motion to bring Social Service spending back into the routine budget disagreed on his version of financing that.

Even though Mr. O'Connor last night backed away significantly from his original plan to cut $200,000 from Planning Department by reducing the amount to $100,000 -- still a 10% cut. 

O'Connor also appeared yesterday afternoon at the Rental Implementation Bylaw Group to discuss his other (of many) Town Meeting articles, #42, which originally would, "suspend the operation and enforcement of the Rental Permit bylaw" until a new more "inclusive" committee is formed.

Yeah just what Amherst needs: yet another committee, working group, or task force.

This too he has now watered down significantly by removing the threat to "suspend the operation" and now simply wants the new committee to make recommendations.  Building Commissioner Rob Morra will take Mr. O'Connor's suggestions to the Town Manager and if he buys in to the grand scheme O'Connor will move to dismiss Article #42.

Kind of a toothless threat since Town Meeting overwhelmingly supported the Rental Permit Bylaw last year  and like all new bylaws it also had to pass muster with the Attorney General.  And yes some folks (parties with a vested interest no doubt) tried unsuccessfully to sabotage that.

Plus Article #42 is last on the list of a l-o-n-g Warrant.   When the weather turns terrific with thoughts drifting to summer vacations, the last thing Town Meeting members want to do is listen to Mr. O'Connor drone on, and on, and ...

Town Meeting Omen

 Jones Library Director Sharon Sharry

The moderate surprise this evening at the kick off to the 256th Amherst Town Meeting was the Jones Library getting blow back over Article #6,  a $25,000 appropriation to couple with a state grant of $50,000 to fund a 2-year study to prepare for a major renovation of the building (possibly doubling in size).

The state grant application also requires a clause seeking possible site approval if an entire new building in a new location is called for.  Library Director Sharon Sharry told Town Meeting that site selection is an inherent part of the grant process but stated confidently, "If I were a betting person I would bet the library will stay right where it is."

 Pitched roof bombs patrons with snow and ice during winter

One town meeting member had tried to refer the article back to committee and another member tried to amend the motion to nix the clause referring to a new building on a new site.  But both motions were voted down on voice votes by a comfortable margin, and after about 45 minutes of discussion the main motion passed by the same comfortable voice vote.

 

Vince O'Connor, comeback kid 

The bigger surprise of the night was the resurgence of activist Vince O'Connor, who has been somewhat marginalized over the past few years.  His motion to add $125,000 to the Community Services budget to support Social Service agencies went against the recommendations of the Finance Committee, Select Board and Town Manager.

Town Manager and Amherst Select Board

Although the $125,000 was never in doubt since Article #21 coming up later in Town Meeting had that amount coming out of Free Cash for the same Social Service agencies.  The difference is by putting it in the General Fund budget as a line item, it comes out of taxation.

According to Town Meeting member Renee Moss, "Having this $125,000 as a regular line item does say as a town we are committed to this and proud of it."  Amherst is one of the very few, possibly only, municipalities in the Commonwealth to spend town tax money on Social Service agencies.

In his initial presentation O'Connor told Town Meeting that he would be moving to cut $200,000 from the Planning Department when their $327,729 budget line comes up for discussion. 

The last few years the town used Community Development Block Grant money (federal money) to fund the Social Service agencies, but last year Amherst lost its status as a "mini entitlement" community.

After about an hour of discussion O' Connor's motion passed on a recorded Tally Vote of 79 "Yes" to 74 "No."

O'Connor has a few expensive petition articles coming at the end of Town Meeting, including Article #37, a request to double the Community Preservation Act surcharge to 3%.  Amherst already has the highest property tax burden in the area.

And under Article #38, spending $750,000 to take by eminent domain 40 Dickinson Street, the old car dealership recently purchased by Amherst College. 

Decisions, Decisions

Could Amherst voters decide fate of $15/hour Minimum Wage hike?

UPDATE (Friday morning):

The Town Clerk just confirmed that even if the Select Board set the referendum election for September 9, the date of the State Primary, it would only result in "minimal savings."  The cost for the Special Town Election would still be around $10,000 vs a normal stand alone election cost of $12,000.  

Separate ballots would still have to be printed and the number of check in and check out workers at every precinct would need to double.

#####

After reading this morning's article Matthew Cunningham-Cook, the optimistic architect of the $15/hr minimum wage hike for all Amherst laborers, wished to add an interesting point:

If Town Meeting should reject his article at the March 19 Special Town Meeting he will "referendum" that decision by collecting 880 signatures within five business days and bring it directly to the voters of Amherst in a Special Election that will cost taxpayers $12,000.

Since he's already collected 200 signatures to force the $15/hour minimum wage warrant article on a Special Town Meeting, his threat is not to be ignored.

And when I mentioned how difficult it can be he responded, "That's true.  We're a big group and five business days afterwards would be the 26th.  Collecting signatures on election day(3/25)  is pretty easy."

The Town Clerk confirms his deadline analysis and agrees she can't stop folks from collecting signatures near a voting precinct unless they are interfering with voters.

The rule stating no electioneering within 100 feet of a voting precinct on election day would not apply since this issue has nothing to do with what's on the election ballot.

Since 1998 only twice has a Town Meeting action been referendumed by collecting the signatures of 5% of active voters:  The Parking Garage in town center and the Soccer Fields on Potwine Lane.

Both capital items had Town Meeting approval, and the referendum was an attempt to overturn that approval.

Both referendums failed.  In fact, in order to pass at least 18% of registered voters have to vote "yes," otherwise it automatically fails.  And Amherst only turns out over 18% at a local election if there's a (much needed) change in government question on the ballot or a Proposition 2.5 Override Question. 

The really interesting thing happens if Town Meeting fails to muster a quorum on March 19.  Obviously the lone article is then pocket vetoed, but there would be nothing to referendum.

And unlike the scene in "House of Cards," you can't send out police to drag Town Meeting members to the Amherst Regional Middle School to attain a quorum.

The Town Clerk has asked the Town Manager to ask the Town Attorney for guidance, since there's nothing in state law at the moment to address this quirk.  In other words, how long does the Moderator wait before he announces there's no quorum, and hence no meeting?

Perhaps the safest route would be for Town Meeting to approve the article (only requires a simple majority), thereby avoiding a $12,000 Special Town Election, thus sending it on to the State Legislature where it will be Dead On Arrival. 

Fight The Power

UMass is -- by far -- the town's largest employer

I received the following press release last night from UMass Grad Student Matthew Cunningham-Cook regarding the Only In Amherst minimum wage hike to $15/hour warrant article Town Meeting will vote on March 19 (if they get a quorum).

According to Mr. Cunningham-Cook the bylaw, unlike most town ordinances, is a "home rule petition" that further requires State Legislature approval so it would then apply to the University of Massachusetts at Amherst, the #1 employer in town.

Mr Cunningham-Cook is a contestant for Town Meeting but since the local town election is a week after the Special Town Meeting, he will not be able to support it on the floor of Town Meeting. 

It will be interesting to see if he can find a single business owner in town who would agree that student workers with "more money in their pockets" would translate into more business.  As it would take a tremendous boost in business to offset the steep increase in overhead brought on by the new increase in the cost of labor.

For most small businesses, the #1 overhead cost is labor.

#####

AMHERST, MA-- The Student Labor Action Project at the University of Massachusetts - Amherst is launching a multifaceted campaign to end poverty through higher wages.

Amherst's poverty rate is 20.2%: overwhelmingly composed of students, as only 7.2% of families in Amherst are below the poverty line. At the same time, UMass is a huge employer, with nearly all of the university's 21,000 undergraduate students working on campus in one capacity or another.

Almost all work for less than $10/hour-- nowhere near enough to afford the cost of living in Amherst, where rents for a room frequently exceed $800/month.

Nationwide, fast food workers have gone on strike for a minimum wage of $15/hour. Sea-Tac, Washington just passed a ballot initiative mandating a minimum wage of $15/hour, and activists in Seattle are organizing to put an initiative on the 2014 ballot there as well.

SLAP is planning to replicate these successes here in Amherst, where the poverty rate has reached crisis levels, all while bloated administrative salaries extract funds out of the pockets of student workers and contribute significantly to the gentrification of the Pioneer Valley. (Men's basketball coach Derek Kellogg tops the list at $719,664. All told, 224 UMass employees make more than $200,000 per year.)

Our campaign has begun by collecting the requisite signatures to call a Special Town Meeting for a home rule petition to the legislature which would grant the Town of Amherst the power to implement a minimum wage of $15 per hour.

We are also launching an aggressive pressure campaign to make UMass may pay the $15 an hour minimum wage in the event that that the home rule petition fails to pass the legislature.

We are calling for inclusive language including the entire Town of Amherst because 1) small businesses in the Town will gain a massive source of new revenue were UMass' undergraduate student workers to have 50% more money in their pocket, and 2) we believe all employers should be held to the same standard of providing a living wage, which only $15/hour can achieve.

Given that UMass has 21,000 undergraduates with Amherst's population at 37,000, the overwhelming majority of low-wage employees are employed by UMass.

The Special Town Meeting has been called by the Select Board for March 19 at 7 PM for the Middle School Auditorium. We encourage all supporters to attend.

Amherst is a microcosm of the global trend of increasing wealth inequality, which the United Nations Development Program recently said "can undermine the very foundations of development and social and domestic peace."

UMass SLAP is a joint project of Jobs with Justice and the United States Student Association. Most of us work low-wage jobs on the UMass campus. This campaign is also supported by the Amherst Area Workers Rights Committee.

What's Yours Is Mine

 40 Dickinson Street, Amherst 

Amherst Town Meeting will weigh the taking of private property by eminent domain this coming session after citizens petitions were filed by yesterday's noon deadline (only requiring the signatures of ten registered voters).

Amherst College, the largest landowner in Amherst, recently purchased the Classic Chevy building on Dickinson Street, adjacent to some of their holdings, and the College plans to continue using it as a garage for their large fleet of vehicles.

The building was assessed at $548,200 and sold for $474,000.

   Take Classic Chevy

Problem is the building now comes off the tax rolls since it is owned by a tax exempt educational institute and therefor will not pay a little over $10,000 in property taxes this year (or any year hereafter).

A few years back Amherst College also purchased the Fiber Arts Building in the downtown and removed that from the tax rolls as well (formerly paid $16,000 in taxes).

But Amherst College is also the #1 taxpayer in town for all the houses they own and rent to professors, as well as the commercial Amherst Golf Course and Lord Jeff Inn, paying roughly $500,000 this year.

And on top of that they will "donate" to the town $90,000 (for AFD protection) and another $75,000 to the Schools.

 Echo Village Apartments

Activists also want the town to take Echo Village Apartments, 24 units of formerly affordable apartments purchased last year by Jamie Cherewatti for $3 million (along with an office complex).  The property is currently assessed at $1,795,000 so it pays the town roughly $35,000 in taxes.

If Town Meeting approves an eminent domain article, which requires a two-thirds vote, the Amherst Select Board still must approve the taking by a majority vote.

   Take Echo Village

No Drones For You!

Look, up in the sky!

Amherst Town Meeting will tackle the high flying issue of a drone ban for all town departments via a citizen petition filed yesterday before the noon deadline.  

Amherst Police Department seems to be the focus of their attention, as if APD is in the habit of taking down perps without due process.

I wonder what's next, banning the use of binoculars? Or how about the Massachusetts State Police helicopter?

Chief Livingstone confirmed that APD has "no immediate plans" to use drones and then adds jokingly, "I can't afford them."

   Drone Ban Bylaw

Amherst To Set Domestic Policy?

Current Minimum Wage in Massachusetts is $8/hour, Federal rate is $7.25

Tracy Kidder once famously said of Amherst that we are the only town "to have its own foreign policy."  Well on March 19 Amherst Town Meeting could set a domestic policy not normally within the purview of local town government by passing an ordinance requiring a $15/hour minimum wage anywhere within the confines of our 27.8 square miles, surrounded by reality.

Since 200 registered voters signed the petition the Amherst Select Board had no choice but to call the Special Town Meeting, although SB Chair Stephanie O'Keeffe called it "very unusual."

The idea is the brainchild of UMass Grad Student Matthew E. Cunningham-Cook.  Originally he was going to run for Select Board in the 3/25 election but became preoccupied with collecting signatures for this Special Town Meeting.

Although it does sort of fall within his educational field of study at the UMass Labor Center.

Spring is a very busy time with the town election on March 25 and the annual Town Meeting starting April 28.   Some of the Select Board members wondered if this March 19 Special Town Meeting would get a quorum -- especially since it's only for one issue.

Without a quorum the article is defeated, as there would be no "do over."

Amherst small business owners would breathe a sigh of relief, as laying off workers can be stressful.  Although small business owners in neighboring towns would perhaps be disappointed. 

Amherst to hold Special Town Meeting to vote article calling for minimum wage in Amherst of $15/hr.  Activist collected 200 signatures.
— Larry Kelley (@amherstac) March 4, 2014

Let The Scrutiny Begin

List of 113 candidates for Amherst Town Meeting's 80 three-year seats divided over ten precincts, eight per precinct. (Click on a name for background link.) UPDATED Thursday afternoon to include one and two year seats.

In an ideal world there are only 3 year seats available (Town Meeting is made up of 240 three year seats, so that's why 80 are up every year.)  But when a person wins a three year seat, serves one year and then leaves town, the two year balance of their term then becomes a two year seat opening, or one year opening if they served two years of the three.

 

Amherst Town Meeting Precinct 1 candidates for 3 year seat (8 available)

Nonny Burak, Melissa Perot, Sarah Swartz, Christian Rodrick, Jonathan Lieber, Michael Martin, David Webber, Terry Franklin, Paola DiStefano, Meg Gage, Ryan Teixeira, Philip Gosselin, Stephen King, Steven Brewer Savannah Van-Leuvan-Smith, Matthew E Cunningham-Cook.
Precinct 1 seat for two years (1 open 4 candidates:  Muthoni Magua, Lawrence Francis Quigley 3rd, Nicholas K Bromell, Richard N Calderone

 

Amherst Town Meeting Precinct 2 candidates for 3 year seat (8 available) 

 Nolar Anaya, Meg Rosa, Edith MacMullen, Michael Birtwistle, William Mullin, Robert Biagi, Jean Schwartz, Ira Addes, Richard Gold, Michael Turner, Cyrus Cox, Adrienne Levine, Matthew Charity
Precinct 2 for One Year seat (one seat open):  Kenneth L Hargreaves

 Amherst Town Meeting Precinct 3 candidates for 3 year seat

 

Robert Kusner, Marcy Sala, Kathleen Carroll
Precinct 3 for Two Years (3 seats open):  Pietro Tarone, Fletcher Clark, Ethan Clotfelter

Amherst Town Meeting Precinct 4 candidates for 3 year seat

Derrick Andrews, Walter Fernandez-Pereira, Patricia Blauner, Stephen George, Michael Giles, Caroline Murray, Trevor Pilkington, Christopher Stahl, Thomas Vulaj, Finn McCook, Peter R. Blies, Michael Rosson
Precinct 4 two year seat (2 open):  Katherine Troast, William M. Kendall
Precinct 4 one year seat (1 open):  Margot S O'Connor, Patrick D Sadlon

Amherst Town Meeting Precinct 5 candidates for 3 year seat

Amber KaCey, Mary Wentworth, Mandi Jo Hanneke, Marylees Turner, Tong Shen, Walter Wolnik, Emahum Campbell, Russell Vernon-Jones

Precinct 5 two years seats (2 open):  Andrew P. Grant-Thomas, Melissa E. Giraud
Precinct 5 one year seat (1 open): Jacqueline L Maidana, Willis W. Chen, Nina Wishengrad

Amherst Town Meeting Precinct 6 candidates for 3 year seat 

Tracelee Boutilier, Ruth Smith, Richard Cairn, Michael Burkart, James Smith, Joan Logan, Paul Drummond, Mari Castaneda, Joseph Krupczynski, Renee Moss, Stephen Jefferson, Bernard Brennan, Lisa Kleinholz
Precinct 6 one year seat (1 open):  James Brissette, Andrew Melnechuk

 Amherst Town Meeting Precinct 7 candidates for 3 year seat

Richard Morse,Viraphanh Douangmany, John Boothroyd, Albert Chevan, Jim Brassord, Isabelle Callahan, Chris Hoffman, Gertrude Como, Kevin Vanderleeden, Robert Wellman, Carol Gray
Precinct 7 one year seat (1 open):  John A Hornik

Amherst Town Meeting Precinct 8 candidates for 3 year seat

Nelson Acosta, Janice Ratner, David Mullins, James Boice, Issac BenEzra, Frank Gatti, Bernard Kubiak, Julia Marcus, Geoffrey Sullivan

 Amherst Town Meeting Precinct 9 candidates for 3 year seat

Richard Roznoy, Nancy Higgins, Julia Rueschemeyer, Sarah Lacour, Stephen Schriber, Mathew Lebowitz, Pamela Rooney, Steven Randall, Felicity Callahan, Gary Michael Tartakov, Rona Thompson, Jonathan O'Keeffe, Shavahn Best, Richard McGinn Jr.

Precinct 9 One Year seat (1 open):  Susan Roznoy, Diana Alsabe

Amherst Town Meeting Precinct 10 candidates for 3 year seat 

Gretchen Fox, Steven Bloom, Nancy Gordon, Paige Wilder, Stephen Brawn, Scott Keating, James Turner, Brett Butler, Kristaq Stefani, Perry Moorstein, Byron Georgellis, Christine Kline, Gabor Lukacs, Marc Boyd

Rental Permit Bylaw Upheld

Attorney General approves a bevy of Amherst Town Meeting bylaws

The road to the most important legislation passed by Town Meeting in over a generations has been rocky to say the least.  The Rental Registration Bylaw was bitterly opposed leading up to Town Meeting last Spring where it passed by a surprisingly w-i-d-e margin.

According to the state's Top Cop, "We acknowledge the letters and emails sent to us opposing the amendments adopted under Article 29 (Rental Registration Permit).  Interestingly the Attorney General's office goes on to say, "While we cannot conclude that any of these arguments furnish a basis for disapproval of the by-law, these letters and materials have aided our review."

One section of the bylaw states a registration form should be submitted to the "appropriate Town office."  Which in this case is the Principal Code Official (Rob Morra, Building Commissioner).  The AG has suggested the town clarify that section of the bylaw to identify the Principal Code official as the rental czar who issues permits, and can issue exemptions.

Apparently landlords had problems with the section of the bylaw that requires tenants to be made aware of the provisions of the new Rental Bylaw and inspection system, and that a copy of the lease be provided to the town.   The charge was that this is a violation of the "prohibition against regulation of a private civil relationship,"  which was used to strike down "rent control."

The AG found that section permissible because it is specifically limited. The boiler plate language in the bylaw clearly states: "Subject to and as limited by the Constitution of the Commonwealth."  So if a landlord finds something in the permit bylaw requirements that violates the state Constitution, then they can safely ignore it.

The new bylaw also requires the Select Board to appoint a Rental Appeals Board, to act as ombudsmen to help resolve issues amicably.  

Is the $100 permit fee a tax and therefor illegal because a municipality "has no independent power of taxation"?  The Attorney General thinks not. "Fees are collected not to raise revenues but to compensate the governmental entity providing the services for its expenses."

And in this case the Building Department has to hire a new full-time building inspector and administrative assistant to help oversee the program.  Amherst has identified 1,570 rental properties with a total of 5,265 individual rental units. That's a lot of oversight!

As of yesterday the Building Commissioner has received 160 applications (85% of them filed via the Internet) and issued permits for 56.  Or just a tiny bit over 10% of the rental properties in town. 

The law takes effect January 1st.

Town may want to think about stepping up PR outreach effort

Town Meeting Clean Sweep

Amherst Planning Board

The Amherst Planning Board hit a grand slam home run this evening as all of their zoning articles passed Town Meeting by over a two-thirds vote, despite the usual gloom and doom concerns about "student housing".

Since the state considers medical marijuana  a "protected use" it's coming to Amherst one way or the other, but with the passing of Article 13 the town has some say in where and how it develops.

Surprisingly Article 14, making it easier to construct a duplex as long as one side is permanently "affordable", came the closest to failing.  Once again the spectre of student housing was the concern, since the duplex does not have to be "owner occupied." 

Not like a profit minded developer is going to construct a brand new house with one side forever "affordable" and the other side rented out to party animals who add wear and tear like a herd of buffaloes.

 Standing vote to "call the question" to end debate

Article 15 would make it slightly easier to construct dorm-like housing on six lots (three on North Pleasant Street and three on Olympia Drive) very near the #1 provider of housing customers, UMass.  After a Tally Vote the article passed handily 112-51.

Article 16 simply clarified whether it was the Planning Board or Zoning Board who had jurisdiction in issuing modest waivers on dimensional requirements.

Articles 17 and 18 were technical fixes, mostly semantic, requested by the Building Commissioner to set in stone practices that previous Commissioners have used for over 25 years.

North Amherst resident Melissa Perot spoke for five minutes from the podium against Article 18 and the next speaker from the floor was her husband who branded it "spot zoning".

They failed miserably to convince Town Meeting.  Which set the stage for an even bigger failure as Article 19, also the handiwork of Melissa Perot, would undo parts of Article 18 that just passed overwhelmingly.

And by that same massive margin her tilting at windmills article went down to defeat.



#20, the final article, was the typical feel good Amherst kind of statement:  Divestment of funds in fossil fuels.  Over the Finance Committee's 6-0 objection (even though the resolution is non binding) Town Meeting overwhelmingly passed the Al Gore inspired article.

And then everyone hastened to their cars.