Council Discusses Town’s Allocation Of ARPA Funds, More Efficient Energy Codes, And New Snow And Ice Removal Bylaw

Report On The Meeting Of the Amherst Town Council, June 26,2023, Part 3

This meeting was held in hybrid format and recorded. It can be viewed here. 

Present
Lynn Griesemer (President, District 2), Cathy Schoen (District 1), Pat DeAngelis (District 2), Pam Rooney and Anika Lopes (District 4), Ana Devlin Gauthier (District 5), Dorothy Pam and Jennifer Taub (District 3), Anika Lopes (District 4), Mandi Jo Hanneke, Andy Steinberg, and Ellisha Walker (at large)

Absent: Michele Miller (District 1) and Shalini Bahl-Milne (District 5). Schoen left at 10:30 p.m.

Staff: Paul Bockelman (Town Manager), Sean Mangano (Finance Director), and Athena O’Keeffe (Clerk of the Council)

Mangano And Bockelman Explain Distribution Of ARPA Funds
As part of the COVID-19 recovery, Amherst received $11.9 million from the American Rescue Plan Act (ARPA). Because of questions arising from councilors and residents about the awarding of those funds, Town Manager Paul Bockelman and Finance Director Sean Mangano offered a presentation on the distribution of the funds. This was a preliminary presentation. The discussion will continue at the next council meeting, on July 17, where specific questions will be answered. ARPA funds must be obligated by December 31, 2024 and spent by December 31 2026. There are specific federal guidelines as to how the money can be used, and it is expected that the use could be carefully audited.

Bockelman explained that the town aligned the utilization of the funds with the goals of the council and to meet the needs of the town, its residents, and its businesses. Outreach was conducted through comments submitted on the town’s Engage Amherst portal, listening sessions conducted by the town, and the town’s ARPA web page. Bockelman asserted that all meetings regarding the allocation of ARPA were open to the public. The town designated $9.8 million for a first round of funding and saved $2.1 million for needs arising later.

The funds were grouped by category. 

1. Health and Safety: $2.3 million to the Department of Public Health, Fire Department, and EMS services (four positions added); mental health services; and CRESS (Community Responders for Equity, Safety, and Service).
2. Resident Aid Programs: $1.34 million to the Survival Center, resident emergency aid, homelessness, and senior transportation. Using ARPA funds, the town purchased the VFW building on Main Street for a year-round homeless shelter and related services.
3. Affordable Housing: $1 million toward development of the East Street School and Belchertown Road project
4. Infrastructure: $1.8 million to cybersecurity, public wifi, municipal fiber, downtown public bathroom, trail maintenance, enterprise support, and capital projects management.
5. Education and Childcare: $1.25 million to preschool/afterschool, expansion of early childhood program, and sixth-grade transition to the middle school.
6. Climate Impact: $510,000 for sustainability measures such as heat pumps in municipal buildings and incentives for low-income residents, transitioning the town fleet from fossil fuel, and continuing the mobile market.
7. Diversity, Equity, and Inclusion: $954,000 for Amherst Recreation, youth empowerment, DEI Department, and community engagement
8. Economic Development: $750,000 to small business grants, downtown entertainment venue (The Drake), and economic empowerment. 

Responding to concerns from the Black Business Association of the Amherst Area (BBAAA) about the awarding of money to area businesses, Mangano said that 95% of the $300,000 in small business grants went to businesses with owners from marginalized groups (BIPOC, LGBTQ+, and women). Of the $300,000 awarded to The Drake, half went to infrastructure improvements, mainly the HVAC system, and half went to programming. 

Mangano explained that, because $2.8 million of the round one funds were not used, that amount will be allotted in round two, bringing the remaining amount to almost $4 million. The savings were achieved because the transition of sixth graders to the middle school was delayed until the new elementary school is finished in 2026, and there were not enough applications from providers to expand childcare services in town. The round two awards will include a kitchen upgrade and exercise room at the Senior Center, since a new senior center cannot reasonably be expected for the next 10 to 15 years due to other large capital projects. The round two money might  also be used for solar canopies over the high school parking lot. The town is also considering offering community grants to nonprofit agencies.

Councilor Questions
Dorothy Pam (District 3) asked why Northampton received almost twice as much in ARPA money as Amherst, despite being roughly the same size (including college students). Mangano answered that Northampton is classified as a “metropolitan city.” Although cities typically have a population of more than 50,000, Northampton received the designation in the past and that continued. As a result of the designation, its money came from a different pool of funds than Amherst’s money.

Ellisha Walker (District 5) was glad that ARPA funds are not being used for the sixth-grade transition to the middle school, but said she hoped some money can be used to further the social and emotional needs of Amherst’s children, which have increased during COVID. In addition, she urged the town “to think about the requirements we’re putting on the monies for the people who are receiving the community grants, because there are a lot of very strict requirements as to who and how people can receive that money. I beg of you to revisit the requirements and how people can apply for that funding without bucket loads of documentation.” 

Both Walker and Pam Rooney (District 4) spoke for providing transportation to the town’s summer programs for children, because offering free slots in the programs does not help if the children cannot get there. Mangano said that, although the town cannot fund transportation to the summer programs, the funds given to Amherst Recreation could be used for that purpose.

Anika Lopes (District 4) wondered if ARPA money could be used to repair the leaky roofs at the middle school and high school. Mangano did not answer this question. Lopes also praised the work of the Business Improvement District, saying, “During the pandemic, there were so many who lost their businesses. I would like to thank [BID Director] Gabrielle Gould for your work, for being out there every day during the pandemic.” She urged young people wanting to create businesses to prepare themselves for downturns such as 9/11 and the pandemic, “which can happen at any time.”

Questions Arise As To Differential Funding Of The Drake And Hazel’s Blue Lagoon
In response to questions about the large amount of ARPA funding received by The Drake, Mangano said that the $300,000 that it received was in a different category from the small business grants. Members of the public also expressed concern that The Drake was allowed to open with a temporary ramp to provide access to its stage, while Hazel’s Blue Lagoon was required to construct a permanent ramp. The Drake’s permit to operate was extended for a year, and it  is now applying for a variance so that it won’t ever need a permanent ramp. Pat Ononibaku, speaking for the BBAAA, protested this differential treatment, asking for $150,000 in the second round of ARPA funding to help compensate Hazel’s for delays in opening and extra expenses. Allegra Clark also noted that Black artists at The Drake are paid less than white artists. 

Vira Cage, Kathleen Anderson, and Amilcar Shabazz asserted that white people benefit more than  BIPOC people from some of the same programs because of the way they are structured. Cage said, “People are suffering. Not everyone can speak up against wealthy landowners and developers.” Steve Nagy said it was “interesting” that the $300,000 awarded to The Drake went to a landlord who had a vacant space, and wondered how much he was now receiving in rent.

Shabazz recounted some of the history of Black businesses in Amherst and the importance of Black businesses as a “strategic investment in the viability and long-term development of a diverse community.” Walker added, “Thinking about our town’s economic development and what benefits our town, I don’t think we take into consideration the businesses and things that don’t directly benefit us. We’re talking about what can increase the revenues that come to us so that we have more money in our budgets, and that’s great, but we need to help the people in our community. Expanding the culture, making it more inclusive, more diverse also inadvertently benefits our revenues. People will want to come here. People will feel more comfortable.”

Mangano said he will take the questions and concerns raised and will bring his response to the July 17 meeting for further discussion.

More Stringent Energy Efficiency Standards Proposed
Councilor Ana Devlin Gauthier (District 5) proposed that Amherst opt into a building stretch code more energy efficient than that required by the state. The new state standards for energy efficiency went into effect for homes over 4,000 square feet in January. These houses are required to be all electric or net zero. The new code for municipal and commercial buildings goes into effect on July 1. The opt-in specialized code proposed by Devlin Gauthier states:

It ensures that new buildings in Amherst would be resilient in the face of heat waves, deep freezes, and other major changes to the world in which we live as a result of the changing climate. It does so by requiring more efficient measures in new buildings and significant retrofits. This code builds on the existing stretch code standards for energy efficiency such as higher levels of insulation, high performance windows and doors, and increased air-tightness. The Opt-In Code recognizes that not all buildings can be built or renovated to net-zero standards and offers several pathways to full electrification including “mixed fuel”, provided that the building is able to be fully electrified in the future. For larger buildings (over 4,000 square feet), the requirement is that they either produce zero emissions or be fully electrified.

Energy and Climate Action Committee (ECAC) member Jesse Salman gave a brief presentation on the proposal, which has already been adopted by 18 communities in the state, including Boston. It would require that all new construction in town be net zero or net zero ready. He said this is consistent with the town’s Climate Action and Resiliency Plan, and will most likely be a standard for the whole state in three to five years. Devlin Gauthier said the town Inspection Services supports this change. She asked that the proposal be referred to the Community Resources Committee (CRC) and the Governance, Organization and Legislation (GOL) Committee for evaluation.

Cathy Schoen (District 1) asked if the town needs these extra regulations, since the state is already requiring most of them. She noted that the new elementary school, which is a net-zero building, needs to comply with the new regulations by further increasing the energy efficiency of the windows and adding insulation. 

Andy Steinberg (at large) and Council President Lynn Griesemer (District 2) both were concerned about the added workload for the council in considering this proposal. Steinberg thought it was a “big ask for CRC and GOL” with an unrealistic timeline before the end of the council term. 

Salman replied that this is an important step for the town to take. The ECAC did a lot of research on the topic and will continue to network with the Department of Energy Resources (DOER). Devlin Gauthier said that the town cannot change the requirements of the opt-in  code, so she does not think there will be much deliberation. The council can only decide whether or not to accept it. She advocated against “kicking it down the road” to the next council.

As chair of the CRC, Mandi Jo Hanneke (at large) stated that the committee is almost finished with its rental registration proposal and nuisance bylaw, so it can take on the specialized stretch code policy, although it may take longer than 45 days to bring it back to the council. She sees the need to accelerate climate actions in order to achieve carbon neutrality by 2050. Rooney said she doesn’t want future homeowners to feel it is too expensive to build in Amherst due to the added energy efficiency requirements, but Bockelman said there are many added costs in building, including pulling a building permit and supply chain issues. He said the staff will learn how to implement the new rules if needed, adding, “We will do it because the state will require it — not if, but when.”

The proposed policy was referred to the CRC by a 9-0-2 vote (Schoen and Steinberg abstained) with a report to the council due back in 90 days.

New Streetlight Policy Discussion Postponed Until July 17
Although discussion of the new streetlight policy was on the agenda for this meeting, the late hour caused it to be postponed until July 17. In public comment, Eve Vogel expressed worry about pedestrian and bicyclist safety with the proposed policy. She wanted lighting to be continuous on the main streets to illuminate the streets and sidewalks. However, Emily Boutillier said she was a strong supporter of the new policy and was “proud to live in a town that took a leadership role in this. I think this would have a great impact both locally and in helping the national and international problem [of light trespass and light pollution].”

James Lowenthal of Northampton, president of the Massachusetts Chapter of Dark Sky who advised sponsors Hanneke and Devlin Gauthier on it, said the proposed policy for Amherst is consistent with current best practices and the existing policy is “woefully out of date.” He said that he is very familiar with bicycle and pedestrian safety and that light at night should be shielded effectively against glare which decreases visibility. He said that shielding is one of the major points of the proposed ordinance and maintained, “It is not a question of the amount of light. It never gets dark in Amherst anymore.”

New Snow And Ice Bylaw Approved Without Objection
The Snow and Ice Removal Bylaw that has been discussed at several meetings was passed by a 10-0 vote. The bylaw now includes trash containers, and vegetation obstructing the public way, which must be removed by the property owner within 24 hours of notification. The first notification will be a warning, but fines will be incurred if subsequent notifications are needed. Overhanging vegetation must be at least eight feet over the sidewalk.

The council meeting adjourned at 11:24 p.m. The only council meeting in July will be held on July 17.