Town Council Adopts Wage Theft Bylaw

Report on the Meeting of the Amherst Town Council Meeting (11/9/20)

The meeting was held as a Zoom webinar and was simulcast on Amherst Media Channel 17. The recording of the meeting can be viewed here. 

Participating
Councilors Lynn Griesemer (President,, District 2), Mandi Jo Hanneke (At large), Alisa Brewer (At large), Andy Steinberg (At large), Cathy Schoen (District 1), Pat DeAngelis (District 2), Dorothy Pam (District 3), George Ryan (District 3), Evan Ross (District 4), Steve Schreiber (District 4), Darcy DuMont (District 5), Shalini Bahl-Milne (District 5)

Absent: Sarah Swartz (District 1)

Highlights

• adopted new Wage Theft bylaws
• heard a report from UMass on the state of COVID and on the return of students in the spring term
• discussed a proposal to extend temporary Zoning Bylaw 14, which gives the building inspector authority to grant business permission to operate outdoors in the public way 
• voted to accept the existing Master Plan
• heard a recommendation from the Town Manager to purchase a new ambulance
• discussed a proposed town bylaw to ban traveling circuses that use wild or exotic animals
• approved the appointment of new members to the Town’s Community Safety Working Group
• received the Town Manager’s Report

Wage Theft Bylaw
During public comment, 14 people spoke in favor of passing the Wage and Tip Theft Bylaw and the Responsible Employer: Public Construction Contracts and Agreements for Tax Relief Bylaw. They included Cedric deLeon, Thomas Corchoran, Zoe Crabtree, Rose Bookbinder, Terry Mullen, Karin Baker, Brooks Ballenger, Jennifer Page, Dora Tseng, Michael Ash, Emery Powell, and Lydia Irons.

Among their comments was a reminder that nine undocumented workers worked for five weeks hanging drywall at North Square and had to sue in order to receive even half of their wages, even though the project received over $2 million in tax credits from the Town. Background on the need for protections against wage theft in Massachusetts can be found here. 

The bylaws were sponsored by Councilors Schoen, DeAngelis, and Hanneke, as well as the Carpenters’ Union and the Pioneer Workers’ Center. Steinberg, Chair of the Finance Committee, noted that he had been concerned about the potential enforcement costs of Wage Theft bylaws, but now understood that penalties are assessed at license renewal or application for a new contract, and have not taken much staff time since they were passed in Northampton. Councilor Brewer asked whether the bylaws would apply to UMass projects; Hanneke explained that they would not.

The new bylaws were approved 12-0-0 with Councilor Swartz absent.

COVID Update from Umass
The Council heard a presentation by eight representatives from UMass with an update on the state of COVID-19 on campus and on plans for the spring semester. The UMass group was led by John Kennedy, Vice Chancellor for University Relations. Kennedy reported on the COVID-19 safety measures taken by the university, with extensive asymptomatic testing, and contact tracing, quarantine and isolation procedures, strict policies on social distancing and masking, limiting guests and travel, and a public health messaging campaign.

Because of the success of this program, the university is planning to bring back 60 percent of its students for the spring. This number is based on the number that can be accommodated in single-occupancy dorm rooms with adequate bathroom facilities. The university will prioritize students who most need to be on campus, which are identified as first-year students , transfer students, international students, student athletes, students who need face-to-face instruction, and students who are dependent on the campus for food and housing. The close communication that has developed with Town officials and public safety will continue. The university will require all off-campus students to register their local address.

The university team also highlighted the COVID Ambassadors program and the “Knock and Talk” team, which visited over 300 houses over Halloween weekend to promote safe conduct. Welcome bags with information were distributed to landlords, Greek house directors, and student housing. Nancy Buffone, Associate Vice Chancellor for Community Relations, said that a survey indicated that students did not want to be told what to do, but wanted to be seen as part of the solution. In all, noise complaints are down and gatherings are averaging nine students. There have only been five ambulance transports so far this term.

Hanneke wondered what the university is doing (and will do) to encourage students to patronize local businesses. Kennedy responded that students will be advised to stay on campus, and will have a campus meal plan, but noted that this would be difficult to enforce, and that students living off-campus will undoubtedly patronize local businesses.

In public comment, Jyoti Iyer, union representative for the Graduate Employees Organization, expressed concern about the reopening plan because it would put graduate students who teach classes at risk from exposure to the airborne virus. She said she is “amazed that Amherst is OK with this plan.”

Extension of Temporary Zoning Article 14
Building Commissioner Rob Morra presented a plan to extend the temporary zoning measure passed in June, which allows businesses to operate in the public way and to receive expedited approval to alterations in order to ameliorate effects from the COVID pandemic. The new plan is to extend the measures until December 31, 2021 and to expand the allowed zones to Office Park and Professional Research Park zones, and the uses to include medical uses and farm stands. This matter was discussed at a public forum on November 4 with the Planning Board and Community Resources Committee, and passed both committees unanimously. A provision was added to post a notice in a prominent place to inform neighboring businesses and residents of planned changes. The Council will vote on this proposal next week.

Master Plan
The Council has abandoned plans to update the Master Plan that was passed by the Planning Board in 2010, in favor of concentrating on revising the Zoning Bylaw. There was a public forum on the Master Plan on September 29 and a Public Hearing on October 19. Although the plan has not been updated, several other plans that have already been adopted, such as the Transportation Plan, Housing Production Plan, and Open Spaces Plan, help advance its goals. Planning Board member Doug Marshall and Planning Director Chris Brestrup are working on an implementation matrix indicating which goals have been achieved. 

Councilor DuMont proposed an amendment requiring the Master Plan to incorporate townwide plans on climate action and housing, rather than simply referencing them. This amendment was defeated 2-10-0 (DuMont and Councilor Pam voting for). Councilor Ross said he “did not see why” those should be singled out for inclusion. Other Councilors pointed out that incorporating plans is more complicated than referencing them. Brestrup said that the intent was always to reference these plans rather than fully incorporate them as was the case with the Transportation Plan.  The Town does not have either a Comprehensive Housing Policy or a Climate Action Plan.

Pam noted that the Community Resources Committee spent a year talking about the Master Plan, and that she has “…yet to see any public support for increasing density downtown.” The newly built mixed-use buildings and apartments have not drawn anyone into the downtown. The Master Plan was written when urban sprawl was feared, she said, and now we must reconsider its references to “densification in downtown centers.” Brestrup said she thinks that the goal of building in already developed areas, and preserving open spaces, is still relevant. She also noted that the Master Plan is not the same as zoning.

Ross disagreed with some terminology in the Master Plan; he considers preserving “community character” and “neighborhood character” is an excuse for structural racism. He is in favor of adopting the Plan, although he realizes that things have changed in a decade. 

Pam noted that the Lincoln-Sunset Local Historic District abutting downtown is largely composed of houses once occupied by African-American and immigrant workers, and is an important heritage.

The Council voted to accept the current Master Plan 9-2-1 (Pam and DuMont no, Schoen abstained).

Funds for a New Ambulance
Town Manager Paul Bockelman said that one of the Town’s ambulances needs $30,000 in repairs, and that it takes six months to order a new one. He recommends allocating funds for purchasing a new ambulance at this time. 

DuMont noted that when idling, the ambulance he recommended has reduced emissions, but wondered whether an electric vehicle is available. The Council will vote on the appropriation on November 16. It was discussed at the Finance Committee meeting on November 10.

Wild and Exotic Animal Ban Bylaw
Resident Rebecca Schwartz and Councilor Shalini Bahl-Milne recommended a local ban on traveling circuses that have wild or exotic animals. Their presentation is here. Last year, an elephant (Beulah) died at the Big E, and the presentation showed how some circuses mistreat their animals, and made the case for Amherst to ban them from Town. If the Council adopts this bylaw, Amherst would join 155 communities nationwide and 12 in Massachusetts in supporting this ban. The Community Resources Committee unanimously supported the proposed bylaw and KP Law has given its approval. Llamas and alpacas were exempted, as were rehabilitation and educational uses. Resident Christina Scaringe spoke in support of the proposed bylaw during public comment. The Council will vote on it on November 16.

Community Safety Working Group Members Chosen
DuMont asked that this item be removed from the Consent Agenda because of its importance to many in the community. She felt Councilors should have the opportunity to comment on the people selected for the Group. She said she also wants to voice her objection to the lack of transparency in the selection process. The Council doesn’t even know how many people applied to be part of the group, much less who applied. The Amherst Racial Equity Task Force did not participate in the process.

Bockelman stated that all who applied were interviewed, and those chosen were all strong candidates. Tashina Bowman, Deborah Ferreira, Pat Ononibaku, Brianna Owen, Ellisha Walker, and Paul Wiley were nominated. More members will be selected in the future. The Town Services and Outreach Committee approved the nominations unanimously, as did the Town Council.

Town Manager Report
Bockelman reported that last week’s election went off without a hitch. The Acting Clerk will give a full report next week.

New Health Director Emma Dragon participated in the Community Chat on Thursday, November 12. The Health Department is administering flu vaccines to vulnerable populations. Dragon will have a Town COVID update at next week’s meeting

Craig’s Doors Homeless shelter has relocated to the Unitarian Universalist Church and has also rented 20 rooms in the University Motor Lodge. They are still looking for shower facilities.

Councilor Ryan asked how the Town will enforce the Governor’s new guidelines limiting social gathering size to 10. Bockelman said officials won’t go knocking on doors, but will enforce the law if they are called to a residence for another reason.

The Meeting adjourned at 10:47 p.m.
Town Council will hold a retreat on Saturday, November 14 from 1 to 4 p.m. The primary topic on the agenda is the Town’s four proposed major capital projects. The next Council meeting will be November 16 at 6:30 p.m.