(1/9/07)  The Select Board met Monday January 8th.  The meeting began a few minutes late due to technical difficulties for the ACTV broadcast.  As the delay continued, it was decided to start the meeting with routine items of less interest to the public, in hopes that the ACTV signal would soon be restored.

Select Board members Anne Awad and Hwei-Ling Greeney were not present for the meeting.

Gerry Weiss opened the meeting at 6:25.  Rob Kusner moved to approve the consent calendar, noting that it included the minutes of the December 18th meeting and special liquor licenses for UMass and the Chamber of Commerce.  It was unanimously approved, 3-0, two absent.

Mr. Weiss then opened the public hearing on a liquor license for SouperBowl, which was quickly continued to 6:20 at the January 24th meeting, because as Mr. Weiss explained, he would be recusing himself, and with only three Select Board members in attendance, a quorum would be lost with his recusal. 

About this time, the ACTV broadcast began, so Mr. Weiss called for the public comment period.

Question Period/Public Comment

Nancy Foster spoke on behalf of Sage, a group she described as working for peace, social justice and civil liberties.  She spoke of Town Meeting's and the Select Board's support of resolutions brought by the group since the passage of the Patriot Act, reaffirming the Town's commitment to the Constitution and the Bill of Rights.  She listed among the actions taken: that Town employees would not assist with interrogations or arrests in violations of those rights; that the Town would not assign local police to the FBI's anti-terrorism task force; that Town employees would have no role in enforcing federal immigration law; and that police would limit taping of demonstrations.  She spoke also of the Select Board's support for subsequent resolutions opposing torture, warrant-less wiretapping, and other offenses.  She now wanted to inform the Select Board of a candlelight vigil in observance of the fifth anniversary of prisoners arriving at Guantanamo, to be held Thursday, January 11th at 7:00 p.m. on the Common.  She said the vigil would be followed at 7:30 p.m. by a 26-minute film at the Unitarian Meetinghouse featuring interviews with detainees, followed by discussion with local lawyer Buz Isenberg, who is working for detainee rights. 

Both Mr. Kusner and Mr. Weiss said they would be unable to attend, but Robie Hubley said he would be there.

Public Hearing – FY07 CDBG Application

Roy Rosenblatt, Director of Community Services, explained that before each application for Community Development Block Grant funds could be made, a public hearing must be held to request community comment. The first purpose was to solicit comment on FY05/06 activities, which had previously been described at a public hearing in September, and anyone wishing to comment further should contact the Town's Community Services department.  The second purpose was to get citizen comments on the FY07 application; and third was to notify the public about modifications to the Town's Community Development strategy, another annual application requirement. He said those changes were described at the previous public hearing, and entailed improvements to existing public housing stock and emphasis on the importance of bringing the Town into full compliance with the Americans with Disabilities Act (ADA). 

For the FY07 application, only one proposal for funds was received: from the Valley Community Development Corporation (CDC), for a counseling program for first-time homebuyers.  Mr. Rosenblatt said that that service had been provided with FY05 funds and ended last March.  This proposal hasn't been reviewed yet by the Community Development Committee, but that should happen prior to the January 24th public hearing on that matter.

Mr. Rosenblatt said that for the FY07 application, the committee is currently recommending ADA modifications to sidewalks and traffic lights, probably in East Amherst and downtown, and that will be discussed further with the Department of Public Works first.  The committee is also considering recommendations for changes at Bangs Center, involving bringing the elevator, restrooms, and some doorways into compliance. The committee has also voted to continue to support the Town's childcare assistance fund. 

Mr. Rosenblatt said the strategy will be posted on the Town web site for public comment.  He also said he expects $350,000 in CDBG funds to go to planned affordable housing projects.  He updated the Select Board on a site visit from the State to the Chestnut Court kitchen redesign project, saying that their response “seemed encouraging.”

Mr. Kusner asked for clarification about the money situation for that project.  Mr. Rosenblatt explained that the design plan began in FY06 with FY05 application money, and is almost done; the money for construction is from a different application, and they won't know the outcome of that until February or March.

There was discussion about Amherst having lost its favorable compliance status with the State, and what the current situation is and how the new Governor might affect that.  Larry Shaffer explained that there were three areas of evaluation for compliance, and that the Town was compliant in two areas and “tied” for the third. He explained that there was a threshold number of 24, which towns had to score below to be in ruled in compliance.  Amherst scored 24, and was ruled non-compliant in that area.  He said that decision is being appealed and new opinions are being sought.  Mr. Hubley emphasized that such a decision might be changed with effective forceful lobbying.  Mr. Shaffer said that discussions continue, that re-application has been approved and that there have been positive indications that we may be successful in re-attaining the favorable status.  

A representative from the State Department of Housing and Community Development explained that the status that was lost by this determination is called “mini-entitlement” and it makes certain funds available to the Town without competition. She said that without this status, the Town can compete for a larger pool of funds – a greater total of money is available, but the Town now must compete for it.

Mr. Weiss mentioned that many local social service organizations target specific populations, and wanted to know if the Town could apply for funds targeting those same populations.  Mr. Rosenblatt explained that the money can't be provided to any organization that has received Town funds in the last year; to fund them with CDBG money would require stopping their funding with Town money for a year.  He also said that the amount of funds the Town is eligible for is capped at 20% of its own spending, so the more the Town spends, the greater the dollar amount represented by the 20% figure will be.

Mr. Hubley re-emphasized his belief that lobbying and finding different ways to approach reconsideration of the initial negative determination can be effective and is worth pursuing if it means more money for the Town.  Mr. Shaffer assured Mr. Hubley that our State legislators were aware of the issue and were working on our behalf, and that with the potential for more funds in the competitive pool, the best option would be pursued.

Mr. Weiss recommended that anyone with questions or comments should contact the Mr. Rosenblatt and the Community Services Department by e-mail at community@amherstma.gov or by regular mail at Community Services Department, Bangs Community Center, Amherst, MA 01002.

Common Victualler License – Take5 Inc.

Mr. Kusner moved to approve the license for Take5.  There was confusion among the members as to where and what this restaurant would be.  They were reminded that this restaurant would operate in the Fresh Side space once that restaurant relocates.  Mr. Hubley was concerned that he didn't have enough information about the establishment and was concerned that the application may be requesting an extension of hours beyond what Fresh Side currently has in that space.  Mr. Weiss explained that the new restaurant would be run by the same owners as Fresh Side and said he was not aware of them having violations of any kind.  Mr. Shaffer said that if the Board was uncomfortable approving the license without more information, he could research it and bring the request back to the next meeting.  Mr. Kusner pointed out that approving such licenses is something the Board does as a matter of routine, and recently did so for a large number of licenses without poring over small details.  He said this application amounts to a name change and should be considered in that same category.  Ultimately, the vote to approve the license was 3-0, two absent.

Mr. Kusner then mentioned liquor licenses and how he desired clarification on the Town's current number of licenses and how many are still available, before the Board deals with another at its next meeting.  He cited a recent New York Times article about Madison, Wisconsin and how the large number of bars there is affecting quality of life. 

Strategic Sanding

Mr. Kusner displayed a plastic bumper fascia that was broken when his son hit concrete abutments by the Cushman Common, after hitting a patch of ice while trying to avoid another car that had just spun out on the ice.  This occurred during freezing rain late at night on New Year's Eve, and no one was injured and damage was minimal, but he wanted to use the experience as an opportunity to address what the Town's sanding policies are when bad weather is anticipated.

DPW Superintendent Guilford Mooring explained that “pre-sanding” before bad weather is ineffective because the sand disperses after a few cars have passed over it.  Salt and liquid de-icing agents are better alternatives, but at borderline temperatures can actually make the road surface more slippery. He said the forecasts and conditions of that particular evening were the kind of situation that is toughest to deal with because they weren't conducive to pre-treatment.  He said that the Town has always relied on the police to notify the DPW of bad overnight conditions, and that once notified, they can often be out treating the roads in about an hour, which is what happened that night as well.  The alternative is to have staff working stand-by or actually driving around monitoring conditions, but that is at significant expense, particularly when many storms and forecasts never materialize as predicted. 

Mr. Shaffer mentioned that even when trucks are out treating the roads, they can't be everywhere at once and some areas will still be dangerous before the trucks get to them.

Mr. Kusner spoke of the danger of that particular stretch of road and suggested that more signs and road improvements might be a better option than just dealing with its icing problems.  Mr. Mooring concurred that it is a bad stretch in all seasons, and said that he believed that dealing with it was the impetus behind the founding to the Public Works Committee many years ago, but despite their efforts, it remains bad.  Mr. Mooring also said that the Cushman area including Leverett and Market Hill Roads was one of the top two bad stretches of road in bad weather, the other being Bay Road, and that the DPW does pay extra attention there and might be able to do more. 

Mr. Kusner suggested that deputizing local residents and equipping them with sand and shovels might help at the really bad places.  Mr. Weiss concurred that such an effort could be the best option.  Mr. Mooring said there is not currently a box of sand in that area, and that they tend to be located at intersections.

Electric Savings Using Compact Fluorescent Lights

Mr. Kusner promoted the energy-saving benefits of compact fluorescent light bulbs, which can replace ordinary light bulbs in many sockets.  While typically more expensive to purchase than incandescent bulbs, he said they could often be found on sale.  Mr. Weiss asked Mr. Shaffer if the Town could be encouraged to switch to this type of bulb, and Mr. Shaffer thought it could, citing the long-term benefits and potential extra money available because of the mild winter, and the ability to move money around for different purposes. 

Mr. Kusner suggested that if the Town were to buy the bulbs in bulk and have a surplus, it might provide them free to people who can't afford them.  Mr. Weiss and Mr. Hubley both spoke to the bulbs' effectiveness and cost-efficiency, and emphasized how rarely they need to be changed.

Set Date to Tour Waste Water Treatment Plant

It was decided that with two members absent, no date could be set.  Mr. Hubley offered to bring in the pictures from his Town Meeting presentation on the subject instead, but the others felt that wouldn't offer the full sensory experience of being there.  Mr. Hubley praised the management of the Town facilities, Mr. Kusner suggested the press come along for the tour, and Mr. Weiss suggested the topic be tabled until the January 24th meeting. 

Committee Appointments

With the absence of Ms. Greeney, the appointment clerk, and no new Citizen Activity Forms in the Select Board packets, there were no appointments to be made.

Mr. Weiss emphasized the need for members on the Disability Access Advisory Committee, and Mr. Kusner added that a representative from that committee would be needed for the Public Transportation Committee, so people were encouraged to apply.

Miscellaneous

Mr. Weiss talked about a banking program in North Carolina that provides favorable lending to Town employees to assist them in being able to live in the expensive town of Charlottesville.  Wachovia Bank runs the program, and Mr. Weiss wanted the Select Board's permission to send the informational link to all the banks in Town, to see if they might be willing to similarly assist Amherst Town employees.  Mr. Hubley supported the idea, and fashioned his support as a motion: that Mr. Weiss should do what he could to notify banks of this program.  Mr. Kusner suggested that both local and big banks be contacted, suggesting that the local banks are very progressive and the larger banks may have higher risk tolerance.  Mr. Weiss said that a banking person had suggested that if no Amherst banks were willing to participate, it might be possible for Wachovia to grant loans here. 

Mr. Hubley said that he wanted the Board's support to be in the form of a motion because only actions taken by motion get recorded in the minutes, so this helps show the Board's strong support for the idea.  Mr. Kusner agreed, and with Mr. Hubley, made a motion regarding the previous discussion on light bulbs: that the Town replace incandescent bulbs with compact fluorescents throughout its facilities.  Both passed 3-0, two absent.

Mr. Kusner suggested an additional motion, whereby the Town would buy the light bulbs in bulk and provide any surplus at cost to residents.  Mr. Shaffer wanted to give more consideration to that idea before moving ahead with it.  He suggested the notion of “Easy Larry's Light Bulb Sale” might not be a great idea. Discussion then turned to the need to recycle the compact fluorescent bulbs appropriately, as they contain mercury, and that that point would need to be communicated accordingly.

Town/UMass Police Mutual Aid Agreement Updates

Mr. Weiss talked of how he and Mr. Hubley have been attending meetings with the Amherst and UMass police chiefs, assistant chiefs, Mr. Shaffer and others, to create a draft mutual aid agreement that “would greatly increase the ability of the two police forces to work in each other's vicinities.”  Mr. Shaffer praised the work of all involved and said the draft agreement has been endorsed by both police chiefs, and is now in the hands of attorneys for the Town and UMass.  Any proposed changes would be run by the police chiefs again.  He hoped the formal agreement would be brought to the Select Board's next meeting for its endorsement.

Mr. Kusner asked whether the expectation is that this will be signed at the next meeting, and whether the members would have the opportunity to review it beforehand.  Mr. Shaffer said that if they have any reservations about endorsing it at the next meeting, they could wait until they had more information and their questions were answered.  He said there is no particular urgency to getting it signed, but that he felt it was an important document and that the agreement should be put in place as soon as possible.  Mr. Kusner said he had no reservations about it and was very supportive, but still wanted the opportunity to look over the document and reflect upon it, perhaps for a week or so, before signing it. Mr. Weiss said he would assume they would have it as soon as possible, and if that was not sufficiently in advance of the next meeting, then they would sign it at the following meeting.  Mr. Hubley emphasized his desire to have it as soon as possible as well, not wanting to be unprepared for such an important and complex topic.  Mr. Shaffer said he understood. 

The members praised all involved, and offered special thanks to State Representative Ellen Story, who helped pass legislation that enabled UMass to enter into such an agreement.

Town Manager Report

Mr. Weiss referenced the Haskins View development situation that was addressed at the December 4th meeting.   He asked Mr. Shaffer to update them on the question from that meeting of what their Board role is in this matter, as it involves water and sewer issues, and they are the water and sewer commissioners.

Mr. Shaffer gave the same update as last meeting about getting the studies from Leverett concerning the closing of their landfill; getting those studies scanned into the Town computer network; passing a couple of key studies on to Mr. Mooring and the Town's Solid Waste consultant for their opinions on the Town's exposure on Town property; and asking the Town's Health Director to consider potential water quality and quantity issues relevant to the Town.  He said the Board of Health has scheduled a public hearing for Tuesday, January 23rd at 7:00 p.m. at Bangs Center to take comments and concerns about the development project.  He said that the Department of Public Health would be requiring a study that attempts to determine how the project will affect water quality and quantity on properties contiguous to the site, and whether the project might affect the contaminants from Leverett, such as drawing them in to this area's water supply.

Mr. Weiss inquired about whether the Board of Health's public hearing would cause postponement to the Planning Board's hearing on the same development project, scheduled for the week before.  Mr. Shaffer said that Jonathan Tucker, Director of Planning, told him that the applicant would have to request that postponement, and hasn't yet but will.

Mr. Hubley suggested that Mr. Shaffer ask the Board of Health about cumulative issues of the entire proposed development project, saying that he believes their involvement is typically to deal with one development lot at a time and that the earliest lots might prove to have adequate water supply but once there are many, it won't be adequate anymore.  Mr. Shaffer said he thought such a question would likely be addressed at the public hearing.

Mr. Hubley then clarified that the Amherst property under concern for plume contamination is Puffer's Pond.  Mr. Shaffer said that is true, but there are not major concerns about that risk because of its distance from the plume, and the fact that no tests have detected any worrisome levels.

Mr. Kusner mentioned that the Town-owned Haskins View conservation area adjacent to the potential development site could also be affected.   He then asked if the Board of Health had some role in subdivision regulations because of the on-site water and sewer, and whether those would be part of the review by the Board of Health and the Planning Board.  Mr. Shaffer said he thought so.

Mr. Shaffer then announced the Martin Luther King Breakfast, Saturday, January 13th at the Middle School, commencing with a reception at 8:30 a.m. and breakfast at 9:00 a.m. The community is invited.  He said that in addition to remembering Dr. King's contributions, the breakfast will honor Norma Jean Anderson, who had been Dean of the School of Education.

Mr. Kusner said he will not be able to attend but will celebrate Martin Luther King Day in Atlanta; Mr. Weiss said he will be in New York City.  Mr. Hubley will attend the breakfast.

The meeting adjourned at 7:50 p.m.

-- Stephanie O'Keeffe