(1/26/07)  The Select Board met Wednesday, January 24th.

Chair Anne Awad opened the meeting with the public comment period.  Larry Kelley requested an update on the status of the RFP for Cherry Hill Golf Course, and inquired about the proposed budget cut of five fire fighters who are covered under the SAFER grant, saying it would be unwise to have to repay $350,000 in grant money in order to save $80,000 in Town money.  Ms. Awad said that discussion of the budget was on the agenda for 7:30 and the fire fighter question would be addressed then.  Town Manager Larry Shaffer responded to the RFP question, saying it would be issued by late winter and he would keep the Select Board apprised of its progress.

Public Hearing Continued – Liquor License – SouperBowl

Gerry Weiss recused himself from this discussion and left the room.  An attorney for SouperBowl said the business is seeking a beer and wine license.  She explained that it will be relocating to a bigger space nearly next door to its current location, and that it is a successful business started in 2000 and has had no problems.  Ms. Awad asked if they currently serve alcohol and owner John Sobieski said that they do not.  Ms. Awad asked if they plan different operating hours than they currently have, and Mr. Sobieski said yes: they are currently open from 11:00 a.m. to 8:00 p.m., and they plan to extend their closing until 11:00 p.m. or 11: 30 p.m. in the new location.  Rob Kusner referred to the last meeting when he requested information about how many liquor licenses there are currently in Town, and whether that number is below the total allowed by law.  Mr. Shaffer said he didn't know the total allowed, but assured him that we are below it.  Hwei-Ling Greeney asked when SouperBowl plans to open in the new location, and Mr. Sobieski said that they were aiming for March.  The vote to approve the license was 4 in favor, none opposed.  [Corrected, 1/27.  This originally said the vote was unanimous, but with Mr. Weiss having recused himself, that term is not accurate.]

Committee Appointments

Ms. Greeney recommended Susan Pynchon be appointed as representative from the Planning Board to the Agricultural Commission, as a non-voting member.  Mr. Kusner was unsure about the appointment dates because his cat ripped up his paper work on it.  He wanted assurance that she wasn't appointed as an Agricultural Commission rep beyond the length of her Planning Board appointment, and was told that both her appointments expire in 2008. Mr. Hubley asked whether there had been a question of extending the term to 2009 to make turnover more regular.  Ms. Awad said that many terms expire in 2009, so it is better to have one expiring in 2008.  The vote to approve Ms. Pynchon's appointment was unanimous.

Update on Home Buyer's Assistance for Town Employees

Mr. Weiss recapped last meeting's discussion about a bank program in North Carolina he had learned about that offered favorable mortgage lending to Town employees, and how the Select Board had authorized him to circulate the information to local banks and see if they might be interested in offering such a program here.  He said that Richard Davis of Florence Savings Bank e-mailed him a link to the Mass Housing web site, which detailed five different programs offered through the State.  He explained that the Municipal Mortgage program offers no-down-payment loans to municipal employees; the MassAdvantage program offers better lending rates; the MyCommunity mortgage program offers no-down-payment loans to people with incomes too high to qualify for the MassAdvantage program; the Purchase and Rehab program offers loans on houses that need repair; and the Take the T program offers mortgages that encourage people to buy homes near transportation hubs.  Many local banks with Amherst branches were on the participation lists, which vary with each program.  Those banks include Florence Savings Bank, PeoplesBank, Bank of America, TD Banknorth, Greenfield Savings and Northampton Cooperative.  There was discussion of various ways to make people aware of this information:  putting it on the Town web site, including it in new-hire personnel packets for Town employees, making the Chamber of Commerce aware so that they might encourage banks and Realtors to promote the programs.  Roy Rosenblatt, Director of Community Services, suggested that the Valley CDC is a good resource for spreading the word about such programs.  Eventually a motion passed unanimously to direct the Town Manager to make the Mass Housing web site info available to Town employees and to get it on the Town Web Site to share with citizens and to pass it along to the Chamber.

Public Hearing – FY07 CDBG Application

Mr. Rosenblatt explained that this was the final hearing of the FY07 application, and that it would require a vote at the end supporting the updated Community Development Strategy and the recommended activities that are part of this grant application.  He said the strategy will be amended to include the Housing Partnership group's support of the first time home buyer programs.  Those programs would include pre-purchase counseling and subsidies for low and moderate income households, which would provide up to $50,000 toward qualifying mortgages.  This accounts for $300,000 of the grant plan, and a Housing Partnership request for CPAC funds could bring the available funds total to $450,000, allowing 9 households to participate.  He then discussed the ADA compliance part of the application, seeking funds for sidewalk improvements on North Pleasant Street from Kellogg Street to the Carriage Shops, new compliant traffic lights in East Amherst, and modifications to the elevator and bathrooms at Bangs Community Center.  Additional support from the grant will go to sustaining the childcare tuition program. 

Ms. Awad asked how Town Meeting's appropriation of $600,000 in funds for sidewalk repairs would affect this request. Mr. Rosenblatt said the grant has a non-supplant requirement, but felt that as long as the Town Meeting appropriation wasn't too specific, it shouldn't be an issue.  Ms. Awad said she thought it contained only general language about downtown sidewalk repair.  Mr. Rosenblatt said that such improvements would earn the Town bonus points for improved ADA compliance.

Mr. Kusner praised the focus on pedestrian safety and said he was surprised the lights in question weren't ADA compliant, because they aren't very old, and he thought the cost seemed high.  He also questioned using this grant application for such repairs, rather than having them be covered by Chapter 90 funds, enabling this grant to fund more basic human services needs.  Mr. Rosenblatt said that DPW Superintendent Guilford Mooring had told him that new traffic lights are about $30,000 each. Mr. Kusner questioned how the particular lights were chosen, mentioning the long-malfunctioning light at Fearing Street and North Pleasant.  Mr. Rosenblatt said that they need to target specific areas of Town, and they require two improvements per area, and he reiterated the bonus point situation.

Mr. Weiss asked about the success of the home buyer's program the Town has been funding in recent years.  A representative from Valley CDC said that over the 13 years of the program it has changed to reflect the fact that houses are more expensive to buy and keep, so the program has focused on sustainability of housing purchases.  They also assist with closing costs, lead paint removal, credit repair, debt reduction and budgeting.  Mr. Weiss asked if the programs can work in tandem with the Mass Housing mortgage programs, and she said that Valley CDC does encourage mortgages through those programs.  He then asked to have Valley CDC program information included on the Town web site, and Mr. Shaffer agreed.  Mr. Weiss asked the Valley CDC rep how many home purchases had been assisted by the program, and she said that it was difficult to break out the numbers that way, but that 250 households had been counseled as well as 75 individual buyers.

Mr. Weiss asked Mr. Rosenblatt about the administrative costs portion of the grant application and what they cover.  Mr. Rosenblatt said that about $30,000 goes towards his salary, $20-$25,000 plus benefits goes toward a part-time assistant, some goes to consultant costs to help manage the grant, and a significant amount goes to the advertising budget in order to post notice of public hearings.  He said that the grant requires administrative costs be capped at 18%, which is around $100,000.  Mr. Kusner said he thought 18% overhead was quite low, and suggested that at UMass, the percentage is higher.  Ms. Greeney said she did a quick calculation and found Mr.  Rosenblatt's overhead figures were actually 13.5%, which she said was very low. 

Ms. Greeney asked Mr. Rosenblatt to talk more about the strategy.  He said it is one the department has been discussing for several years.  It is currently a six-page document and addresses sustainable development in different areas.  He credited different planning documents as assisting in its creation, and said it includes the affordable housing update and open space recommendations, and it is available on the Town web site.

Mr. Kusner asked whether the renovations to the kitchens at the Chestnut Court complex that Mr. Rosenblatt discussed at a recent Select Board meeting were part of a separate grant, and Mr. Rosenblatt said yes, that application was submitted, a site plan review took place, and he is awaiting notification about that.  He said that a public meeting – not a hearing – would be held February 1st in the Town Hall's Town Room to talk about and get more support for the mortgage subsidy and childcare tuition assistance programs, both of which were supported by relevant Town committees.  Ms. Greeney suggested that he entice viewers with some details of the subsidy program.  He said that a family of four with income not exceeding $57,300 (or $51,600 for a family of three) could qualify for a $50,000 mortgage subsidy, which he called a deferred loan program and said the money would be recaptured with the sale of the home.  He said the direct subsidy programs for mortgage and childcare assistance require rigorous eligibility confirmation.    

The votes to support the recommended activities and the community strategy were unanimous.

Permitting and Inspection Reform Update

Mr. Shaffer reported that he has been having numerous meetings with all the Town's inspectors, and that they are making progress.  He said the principal challenge was to bring logic, coordination and synchronization to the process.  He said that the old process made sense internally, but not externally, and that needed to change.  The goal is that people needing permits and inspections will have a single point of entry to the system and be able to track their status in the process.  He called it a “classic information management problem,” with each department having its own system and not coordinating with other departments.  He said that a software program has been selected that should integrate all of these elements.  He said that once the new process is coordinated internally, it will be shown to the public.  The first step, he said, was changing the organization's philosophy, culture and values, and that departments had to learn to be more sensitive to each other's needs and the needs of the customer.  He emphasized that the goal is coordination, synchronization and transparency.  He said the process has been more complicated than he'd imagined, in part because of all the overlap among different departments, which they are trying to eliminate.

Ms. Awad said that she has always heard stories of Amherst's inspection system being onerous and worse than other towns.  She asked whether that is true and if we know how other towns do such things.  Mr. Shaffer said that the difference isn't so much among municipalities as it is among individual inspectors – some are “freewheeling,” others are more strict.  Some identify a problem and expect the applicant to give an answer, an approach he called “reactionary,” and said he preferred that people receive information quickly and clearly before investing excess time or effort.

Mr. Hubley asked if Mr. Shaffer's group has involved any users of the inspection service in this process.  Mr. Shaffer said that he has attended meeting with Mr. Weiss and concerned builders and developers, but that he was not ready to merge the groups yet.  He said that they will be a source of great feedback when the new system is ready to launch. 

Ms. Greeney said that she is liaison to the Town Commercial Relations Committee (TCRC), and that at their next meeting, they would be making a list of the problems they've experienced and creating a “benchmark.” She suggested that TCRC would be a good place to solicit feedback on the new system.

Vince O'Connor agreed that the problem is the idiosyncrasies of individual inspectors.  He felt that if inspectors had expertise in work pertaining to a particular code, they could identify safe work, while if the inspectors lacked expertise, he felt they were more likely to impose the most stringent regulations to absolve themselves of risk or blame. He called the situation harmful to people trying to do business, and suggested that once a proposal has been submitted, inspectors should present written requirements which shouldn't change unless the original proposal changes.  He blamed oral instructions, and their lack of provability for many problems in the past, as well as an onerous appeals process that he thought was stacked against applicants.  He recommended forbidding the upgrading of regulations after the fact, strict adherence to fair timelines, and further recommended that business inspections not be favored over home inspections.  He said that others couldn't make such comments because they feared retaliation.

Mr. Weiss said that Mr. O'Connor must have been listening in on meetings he'd had with business people and appreciated that he was so attuned to their needs.

Mark Parent, Chair of the TCRC, confirmed that the regulations are the same for Amherst as for other towns, and that the process is more onerous here.  His group has surveyed members and out-of-town contractors on their experiences and said results confirm that other towns' regulations were more effective and easier to meet.  He said he and the committee would be happy to meet with Mr. Shaffer to coordinate information.

Mr. Weiss expressed his appreciation for Mr. Shaffer committing himself to this issue right from his earliest days on the job; Mr. Parent expressed appreciation also.

Mr. Shaffer said that he is mindful that people are still having problems today, and encouraged them to call him, saying that it would take some time before the improved process is in place.  Ms. Awad suggested continuing to move forward and report back periodically.

Ms. Greeney asked about a timeframe for expecting the new process to be in place, and asked if this was taking up so much of Mr. Shaffer's time that an additional staff member for the future might be helpful.  Mr. Shaffer said that the changes to the culture and process need to happen first, and then there will be a clearer sense of the resources required. 

Policy Discussion of the Vision for Downtown Amherst

Ms. Awad said that factors such as the comprehensive planning process and the upcoming 250th Anniversary Celebration necessitate discussing the downtown as our commercial center.  She called attention to Town Planning Director Jonathan Tucker's memo of December 18, 2006.

Mr. Kusner praised Mr. Tucker's memo and appreciated that it incorporated transit, pedestrian and bicycling elements.  He had comments about specific details but hoped it would be circulated to relevant committees for feedback, and Ms. Awad agreed.

Mr. Hubley praised the memo and said he was thinking of ways to turn it into actionable steps.  He suggested distributing it to Town departments, having them deal with it at staff meetings, distributing it to committees and presenting it to such groups as a project with deadlines.  They would then report their progress at future Select Board meetings, and the Select Board would determine how to help “bring this to reality.”  He noted that an advantage to not having money to do things is the ability to plan the things you'll do when you have money again.

Ms. Greeney cited the Master Plan's “working groups,” some of which are dealing with downtown revitalization issues, and wondered how the Select Board's efforts would tie-in with that process.  She cautioned against duplication of effort and potential inability to merge the two plans in the future.  She said that made her uncertain about Mr. Hubley's suggestion that Town staff plan action on the document first. 

Mr. Hubley agreed that coordination was necessary.  He said that progress can't wait for the completion of the Master Plan, and that they should work together.

Mr. Parent praised the document and said there were elements of it, including parking and pedestrian malls, that TCRC is already starting to look at, and wanted to make sure they had the chance to weigh in on such topics under their purview.  He suggested that the guidance needed from the Select Board was a general endorsement of the “thought process” behind the memo -- not its specifics, but its general vision.  He noted that coordinating the different committees and details could come later, but some general sense of willingness from the various parties – such as, do businesses have any interest in abutting a pedestrian mall? – could help prevent the waste of time and money.

Mr. Hubley wondered whether it should go to TCRC and other town entrepreneurs immediately.  Ms. Awad concurred, suggesting it should go to the Chamber for broad readership.  Ms. Greeney suggested asking the TCRC to refresh the Downtown Action Plan from 1992, considering what has and hasn't been done, and give recommendations to the Select Board, which could then be incorporated with the Master Planning process.  Ms. Awad confirmed with Mr. Parent that TCRC could and would handle this.

Mr. O'Connor recommended putting the document on the Town Web site with the ability for the public to add comments, as well as putting hard copies at the Jones Library.  He mentioned a 1997 appropriation of $10,000 to improve Spring Street, which he felt was important saying that currently it is unwelcoming and a bad introduction to downtown.

Peggy Roberts said that she was at the Comprehensive Planning Committee's working groups' meeting the night before, and felt that all of this sort of information should be channeled through there.  She said that the groups are creating goals now, and it would be bad to have the Select Board and TCRC's input come in late.

Ms. Awad reiterated Mr. Hubley's earlier point about not being able to stop everything and wait for the Master Plan.  She said they would send information to them but said that this is a dynamic process.

Barry Roberts said that he and Jerry Jolly are both representatives from TCRC to the Comprehensive Planning Committee and would be relaying feedback between the two groups.

Ms. Awad said that such a process is never really done and that in 10 years, other people will probably be talking about their vision for downtown.  She said everyone would do their best to make their information part of the Master Plan process.

Mary Wentworth said that it is incumbent on the relevant committees and boards and the Chamber of Commerce to acknowledge that the town has a problem with alcohol and how it affects student behavior, and that impacts the town's economic development.  She suggested a public hearing on the problem and the creation of a committee to address it.

Mr. Kusner said that elements of the downtown expansion section would require modifications to the zoning bylaw, a complex process that must ultimately pass at Town Meeting.  He suggested that it be broken out differently to include not just the executive and staff decisions, but also the required political process.  He said that section would have the most effect on neighborhoods and would generate much comment from them.

There was discussion on whether a motion was necessary, and if so, what type and how detailed.  Ultimately, there was a unanimous vote in support of asking TCRC to review the Downtown Action Plan from 1992 and Mr. Tucker's memo and make recommendations for further actions to the Select Board.  It was decided to put the topic on Monday's agenda to consider additional boards and committees who might consider the documents as well.

Town Meeting Coordinating Committee Updates

First, Ms. Awad announced a meeting to be held Monday, January 29th at 7:00 p.m. in the Pole Room at Bangs Center about the overview of activities relating to the Drug-Free grant for youth substance abuse in Amherst. 

Ms. Roberts, chair of the Town Meeting Coordinating Committee (TMCC) introduced members Ms. Wentworth and Harry Brooks.  She said that TMCC is in its third year of trying to improve the workings of the Town's legislative body.  She said the committee is encouraging people to run for Town Meeting, and reminded members whose terms are expiring to fill out nomination papers.  New and returning members need only one signature on their papers, which are available at the Town Clerk's office at Town Hall and must be returned by 5:00 p.m. on Tuesday, February 6th.  She said that the Town faces big issues this year and needs a vigorous body for the discussion. 

Ms. Roberts announced that TMCC and the League of Women Voters would be holding a Warrant Review Meeting on Wednesday, April 18th at 7:00 p.m. at the Middle School.  She encouraged all boards and committees to have their work done related to the warrant by that time, citing feedback that TMCC receives from Town Meeting members about the need to receive important information sooner.  She mentioned a desire to have a signed warrant with the articles in a format that will be recognizable once presented at Town Meeting, and she suggested that having the Select Board's recommendations by that time would be particularly helpful for members. 

Mr. Kusner inquired about feedback on the Select Board's recent attempts to provide written recommendations.  Ms. Roberts said that people appreciate as much written material as possible, via the back table and the e-mail subscription list. 

Ms. Roberts hoped that the announcement would help to avoid scheduling problems on that date, particularly with the Planning Board, which it was pointed out, would meet that evening as part of their normal meeting schedule.  She hoped a representative could be made available.  She emphasized the value of having the Select Board recommendations ready for then, rather than having them occur in the music room, immediately prior to Town Meeting, when members can't watch their deliberation until the next day. 

Mr. Brooks spoke to the difficulty of arranging the warrant review meeting in the past during times of uncertainty about what would actually end up on the warrant.  To that point, he urged that that document be done and signed before that date.

Ms. Awad said that the discussion made her feel defensive, because the nature of their work is that some issues are still being worked out at the last moment.  She said it could be worse if they were to take early action and then have the situation change.  She said she would try to have early recommendations, but that would not always be possible.  Ms. Roberts emphasized that her suggestions represented an ideal scenario, and that the more that could be settled, the better.

Mr. Kusner suggested that the Select Board's written document could include the issues raised in their discussions, and that those might often be more edifying than the vote count.   He said that the he found the analysis to be the most valuable part of the Finance Committee's materials.

Ms. Greeney supported the idea because she said it helped to give the Select Board's position equal weight to that of the Finance Committee, which she noted is not an elected body but has great influence.

The TMCC presentation concluded with a reminder of the Warrant Review meeting information:  Wednesday, April 18th at 7:00 p.m. at the Middle School.  The bus tour of sites relevant to the warrant was also announced:  Saturday, April 21st, from 2:00 p.m. to 4:00 p.m., departing from the Middle School.

FY08 Town Manager's Budget

Mr. Shaffer explained that the municipal portion of the budget comprises the general fund, the water fund, the sewer fund, and the solid waste fund.  Water, sewer and solid waste are all enterprise funds, with revenues and expenses totaling about 9 million dollars.  He said he would focus on the general fund, which is the bigger challenge.  It totals $17,953,282 for FY08, which meets the Finance Committee's guidelines to not exceed a 1% increase.  It also includes a prioritized list of items that could not be included in order to meet those guidelines, but would be reinstated if funds became available.

Town Finance Director John Musante began the budget presentation by referencing TMCC's emphasis on information, saying that there has been a concerted effort to provide an unprecedented amount of budget information on the Town web site this year.  He talked about the budget section of the site and its links to information such as Finance Committee reports, state data and the Town Manager's budget, and he encouraged Town Meeting members to check it out.

Mr. Musante then gave an overview of the budget proposal.  He said it was an increase of 0.9% over last year, less than the 1% guideline.  It is $153,000 above current spending.  To meet that goal, he said, a long list of items had to be eliminated, which make up the prioritized list.  It is divided into an A and B section, and further prioritized within each departmental category.  Just over a million dollars worth of items are on the list.  The A list totals almost $800,000.

He then summarized many of those eliminated items:  9.97 Full Time Equivalent (FTE) positions slated for elimination; the top priority is to restore the public safety cuts, which include 2 police officers, police overtime, training, civilian help, 25% reduction to vehicle maintenance, supplies, turning a full-time administrative position to part-time. For Fire:  5 firefighter positions that were added last year with the help of grant funds are scheduled to be cut; the savings shown reflects the amount of matching funds the Town would have had to pay to supplement the grant funds.  He said the remainder of the list is not prioritized.

He listed more cuts: Finance would lose one position; maintenance would be cut; DPW's cuts are primarily to line painting; a vacancy in Inspection Services would not be filled; Human Services would have an outreach worker's hours cut; most of the money the Town gives to local human service agencies would be eliminated, down to $25,000 from FY07's $115,000; reduced hours for a Senior Center staff person; cuts to Leisure Services staff time, primarily due to closing the War Memorial pool and wading pools there and at Groff Park.  Those are among the $800,000 in “A” cuts.

He continued to the “B” list:  I.T., DPW, Planning, Inspection Services, and the Health Department all face cuts, totaling almost $230,000. 

Mr. Shaffer said the cuts necessitate reorganizing some positions.  The Veterans' Agent is retiring April 1st, and that position will then be reorganized under the Human Resources umbrella.  Also, the Human Rights Director position would be combined with that of the Human Resources Director.  Mr. Shaffer explained that an Economic Development Director position is listed as an “addition” that could not be made this year.  He said that he considers such a position to be one of the most important investments a community can make, one that would put a department in place to attract economic development and ease the increasing public burden.

He said that he doesn't expect the budget to be adopted as presented, and does expect additional revenues will be found to restore some of the cuts.  He said starting with a budget that meets the guidelines, as opposed to a “blue sky” or “pie-in-the-sky budget” keeps the Finance Committee and the Select Board from having to make cuts.

Mr. Hubley asked Mr. Kelley's question, posed earlier during the public comment period:  What about the fire fighters and the grant funding that would have to be repaid?

Mr. Shaffer said that the intent was that all departments would have to share the burden equally, and none would be spared.  He said that the Fire Chief submitted the proposal for his department with these cuts.  Mr. Shaffer said it is a top priority to fund those positions.  Regarding the grant contract, he said that it could be challenged if need be.

Mr. Hubley asked whether it was even reasonable to list those cuts as a “place holder,” and whether we should only list cuts we actually can make.

Mr. Shaffer said he hadn't looked at the grant contract yet, but said that typically they rely on an adequate appropriation of funding, and if there are no funds appropriated, you can drop out.  Mr. Hubley requested that that be checked into so that he would be able to answer that question when people ask about it.  Mr. Shaffer reiterated his expectation that money will be found to restore those positions.

Mr. Weiss praised the approach of starting with a budget that fulfills the guidelines, and said that he thought the process would work better this way.  He then asked Mr. Musante for some clarification about the money for benefits associated with the prioritized list:  the total at the bottom does not include benefits; those costs are complicated and fluctuate based on details such as where premium levels are set, how many people are enrolled, and what positions are or aren't eliminated.  Mr. Musante calculated benefits based on the assumption of a 20% gross increase in enrollments.  Mr. Weiss said it should be noted that these figures will “float a bit.”

There was discussion of hoped-for state aid increases, perhaps as much as 2%.  Mr. Musante said the 1% guideline assumes no new state aid.  He cautioned that school aid might increase, but lottery aid is expected to decrease, and that more will be known with the Governor's budget on February 28th.

Ms. Greeney mentioned the high rate of increase in employee benefits, and that many cuts are necessary to accommodate that increase.  She wondered if it would be better for the Town to switch from its self-insurance program to joining the state's GIC plan.

Mr. Shaffer said that the insurance program is monitored closely and as long as premiums are lower through self-insurance than they would be with a traditional plan, it continues to be beneficial to self-insure.  He said that there are downsides and vulnerability to the Town this way, but the lower premiums make that worthwhile.  If premium payments become comparable to traditional plans, that will probably be time to switch.  He also said that the complexities of collective bargaining agreements making it difficult to simply make a change, and there would be no anticipated benefit to making such a change for FY08.

Mr. Musante said that the GIC legislation is only recently filed and the earliest this local-option plan could be available would be July of 2008, which is Amherst's FY09.  He also said that premium costs aren't the only consideration: how plans are designed and which ones are better are important factors.

Ms. Awad referenced plans offered by the insurance arm of the Massachusetts Municipal Association, called MIIA.

Mr. Kusner inquired about breaking out the numbers so that it is clear how much accounts for cost of living adjustments and step increases versus benefits.  Mr. Musante said that health insurance is the biggest portion of that number – about $450,000 of $680,000 dollars, and added that payroll taxes like Medicare are part of the remainder as well.

Ms. Greeney inquired about encouraging town employees to switch to their spouse's health insurance plans.

Ms. Awad recapped the situation for viewers at home, explaining that the budget process is prescribed by the Town Government Act, which requires guidelines from the Finance Committee and a proposed budget from the Town Manager, to be then analyzed separately by the Finance Committee and Select Board.  Recommendations will be presented to Town Meeting in the spring.  She said that the schools and library are following a similar process. 

Ms. Greeney took that opportunity to promote the upcoming Budget Forum, to be held Tuesday, January 30th from 7:00 p.m. to 9:00 p.m. in the Town Room at Town Hall.  It will feature brief presentations from Mr. Musante, Mr. Shaffer, Finance Committee Chair Alice Carlozzi, School Superintendent Jere Hochman, and Library Director Bonnie Isman.  The public is invited to ask questions, give comments and make its budget priorities known. 

Mr. Weiss brought up the topic of a meals tax.  He said that he had spoken to State Senator Stan Rosenberg about it several years ago and was told that Governor Romney would never support it because it's a tax.  Governor Patrick has suggested a willingness to support it, though the legislature has not.  Mr. Weiss talked about a proposed 3% tax, of which 2% would be kept by the municipality, and 1% would be put into a shared pool to benefit towns without restaurants that might otherwise oppose the idea.  He suggested that the Select Board could write a letter supporting the idea.  He noted that even if successful, it couldn't take effect until FY09 at the earliest.

Mr. Musante said that the MMA favors it as a local option idea.  He said the shared pool idea has been floated but is not part of the legislative process. 

Ms. Greeney was wondering if there were estimates available of what a 3% meals tax would mean for Amherst.  Mr. Musante said he did not have an estimate and that the 5% state meals tax is collected by the Department of Revenue, who doesn't break the numbers down by zip code.  Ms. Awad suggested that you could specifically request the zip-code info and that they had done so during the smoking ban situation.

Mr. Kusner said that students don't pay meals tax on campus but faculty do and wondered if students would be exempted from a local tax.  Mr. Musante said that Town would want to apply the tax equally to all. 

Ms. Greeney expressed her enthusiasm and suggested they learn how much money it could mean for the Town.  Mr. Hubley made the motion to send a letter of support for a local option meals tax to our state legislators.  Mr. Kusner suggested adding the notion about applying it fairly and equitably, but Mr. Hubley persuaded him that such details were better left off at this stage.  The vote was unanimous and Mr. Hubley will draft the letter.

Mr. Weiss praised the budget information on the Town web site and mentioned specifically the Finance Committee's new Override Report.  Ms. Greeney agreed.

Set Date to Tour Waste Water Treatment Plant

Members coordinated their schedules and chose Tuesday, February 6th at 8:00 a.m. for their tour.  It is required to be posted as a public meeting.

Pledge of Liquor License – South Amherst Liquor Mart

The Board voted unanimously to approve the pledge of South Amherst Liquor Mart's liquor license to Easthampton Savings Bank.

Town/UMass Police Mutual Aid Agreement

Mr. Shaffer distributed the drafts of the revised Mutual Aid Agreement and the Memorandum of Understanding.  He called the Select Board's attention to Page 3, section 2.3 of the Mutual Aid Agreement, which he said doesn't exist in the current agreement and is the “heart and soul” of the document.  It reads:

Additionally, this agreement generally authorizes police officers of each Municipality to exercise full police powers in each other Municipality, even in the absence of a special request for mutual aid, provided such police officer is on duty for his/her employing department at the time.

Section 2.4 designates a number of streets around UMass as “contiguous streets” which lets them be patrolled jointly by both police departments.

Mr. Shaffer said that the Mutual Aid Agreement is the policy document to be signed by the Select Board and the UMass Chancellor; the Memorandum of Understanding details the implementation of that policy, and is signed by the Amherst and UMass police chiefs. 

He praised Mr. Weiss and Mr. Hubley for their participation in creating the agreement, and he praised Chancellor John Lombardi for his cooperation and collaboration.  Mr. Shaffer had expected to have a document signed by the Chancellor for this meeting, but that wasn't able to happen and is anticipated for Monday's meeting.  He gave special thanks to Amherst Police Chief Charles Scherpa and UMass Police Chief Barbara O'Connor.

Ms. Awad had a question about the designation of police officers to the FBI's anti-terrorism task force, something that Amherst Police no longer participate in, but UMass Police do.  She wondered if this agreement gave UMass police the ability to do that work in Amherst.   Mr. Shaffer said that if it's the Select Board's policy to not allow that, it will be reflected in the Memorandum of Understanding.  Mr. Kusner said that it was voted by Town Meeting and hence is the Town's policy, not just the Select Board's.  Mr. Hubley recommended checking the precise wording of Town Meeting's action.

Mr. O'Connor suggested that the also consider Governor Romney's pre-departure policy of allowing State Police to enforce immigration laws, and incorporate a similar prohibition against that as well.

Mr. Hubley suggested considering all details that are pertinent to one municipality but not the other, and he spoke of his discomfort of calling UMass a “municipality,” wondering if there was another option.  Mr. Weiss and Mr. Kusner spoke of the legal necessity of that, and the legislative act on that point that made this agreement possible.  Mr. Kusner supported the concerns about officers from one municipality enforcing their unique rules in the other municipality.

Mr. Shaffer said that the agreement gives officers power if they witness a crime being committed in the other's municipality; it does not give them the power to launch investigations there.  He said the police departments will have their own lists of similar concerns, such as perhaps the UMass not wanting Amherst Police patrolling their dorms.  He said the Memorandum of Understanding can continue to be massaged to prevent any misunderstandings.

Ms. Greeney asked if there is a way to terminate the agreement, and Mr. Shaffer said yes.  Mr. Hubley said that the document represents great progress and praised the “contiguous streets” determination.  He recommended adopting the agreement at the next meeting.  Mr. Kusner expressed concern about there being enough time for attorneys to deal with the issues the Select Board raised at this meeting.  Mr. Shaffer said they only need to sign the Mutual Aid Agreement and those new details will be dealt with in the Memorandum of Understanding.  Mr. Kusner expressed a preference for them to be in a new section of the Mutual Aid Agreement. Mr. Shaffer said that with the bylaw in effect about prohibiting participation in the FBI task force, the contract could not supersede that because, he said, the Select Board does not have ascendancy over Town Meeting.  He said that the Amherst Police Chief always works under that bylaw and there would be no added force by including the information in the Mutual Aid Agreement.  Mr. Kusner preferred that it be stated more explicitly, but agreed that a contract could not break the law.

Report on Zoning Subcommittee Actions

Mr. Weiss said that he expressed a concern at the spring Town Meeting about the Select Board having inadequate time to learn about and consider zoning proposals.  He vowed to attend as many of their meetings as possible and bring the handouts back to the Select Board to keep them up to date on potential zoning change recommendations.  Handouts from the last meeting were supposed to be in each member's packet, but they were not, so that will happen next week instead.

He told the members that the handouts represent changes that might come to Town Meeting this spring.  He was surprised to learn that the College Street/South East Street proposal is not among them, and isn't currently planned for fall either. Mr. Kusner said that he was at a meeting where it was discussed, and fall Town Meeting plans were uncertain.  Mr. Weiss said that the Main and High Street proposals may get dropped before spring Town Meeting because there is still so much work involved.  Mr. Hubley said that he thought the College Street/South East Street proposal was on hold until a survey of the common could be completed, which he believes to be very important.

Ms. Awad's Trip to Kenya

Ms. Awad discussed her recent trip to Nyeri, Kenya, a place she will propose as a sister city at Town Meeting.  She was very impressed with the town and the people.  She went to their Town Hall.  Their Town Council sent each Select Board Member a pound of Kenyan tea.  It used to be a British Colonial area, and there are many golf courses, where giraffes roam and warthogs dig up the greens.  She got a paparazzi welcome at the airport, and a newspaper account of her visit called her the Mayor of Amherst and said that Amherst is home to MIT, among other inaccuracies.  They call their Mayor “His Worship the Mayor.”  They have a state-of-the-art water treatment plant that other cities envy and visit to learn about it.  They may be interested in sending various town officials here to learn from our officials, and they are impressed with our Town web site and will want to consult with IT Director Kris Pacunas as they embark on creating their own.  They gave Ms. Awad a Nyeri flag to display in Town Hall.  She said she has already heard from community members interested in being on this sister city committee. 

JCPC Request for CPA Funding

Mr. Weiss talked about wanting to use Community Preservation Act funds to do repairs to Town Hall and Jones Library, totaling about $600,000, because both are historic buildings.  He said that the Historical Commission voted unanimously not to support the recommendation and Mr. Tucker opposed it as well, because both see these as capital expenses, and this would prevent the Historical Commission from using those funds for their prioritized purposes.  Mr. Weiss said in lean budget years, using such funds for capital expenses should be considered, and that much money appropriated to Historical Commission in the past hasn't yet been spent. 

There was much discussion about whether entities other than the committees dedicated to each CPA category can bring forth proposals to the CPA Committee, and it was felt that they could.  There was concern among members about not having enough information about the Historical Commission's unspent money or their other priorities to be able to make an informed decision about supporting Mr. Weiss's desire to make the funding request through the Joint Capital Planning Committee.  He was concerned about the timing of the various committee meetings in relation to the CPAC deadlines. 

Mr. O'Connor, a CPAC member, said that the whole $600,000 probably couldn't be funded because that would use the full year's worth of CPA funds.  He said that the Community Development Block Grant projects had taken a lot off the JCPC's list – things like the Chestnut Court kitchen renovation, which might have required CPA funds and now can be put to other uses.   He mentioned other grant opportunities from the state that might also be available, ones he said the previous Town Manager didn't want to pursue.

Mr. Shaffer said he has past experience dealing with re-pointing the mortar of a building the age of Town Hall, and said it is a skilled process to match the appropriate mortar to the original, both aesthetically and to ensure that the mortar isn't harder than the stone, causing cracks. He said he is familiar with the other state grants Mr. O'Connor mentioned, and might consider pursuing them. He said he will advocate to the Historical Commission about Town Hall's mortar repairs, as well as the desire to get the Town Hall clock fixed in time for the 250th celebration. 

Mr. Weiss was satisfied that there would be another opportunity to discuss and vote on the topic before the CPAC deadline, and said he wouldn't push for a JCPC vote at the next day's meeting.  Ms. Greeney had suggested inviting the Historical Commission to discuss this at a Select Board meeting, but Ms. Awad said she was comfortable having Mr. Shaffer liaison to them instead. 

Town Manager's Report

Mr. Shaffer said that with the pending retirement of Veterans Services Director Rod Raubeson, he had convened local veterans' organizations to see if there were ways they might all work together, advise the Town on veterans' issues and the hiring of new veterans' agent, and help meet each other's goals.  Ms. Greeney asked if this might take the form of a citizens' committee, and Mr. Shaffer said it might, but he wasn't prepared to make recommendations on that yet.  Mr. Kusner said the geography of the area and the VA hospital's location might help determine a natural area for pooling knowledge and resources on the subject.  Mr. Shaffer mentioned different veteran's groups in different towns and called them “highly fractured” and said they were now looking for joint approaches to helping each other.

The Select Board then entered into Executive Session just after 10:00 p.m. to deal with pending legislation for the purpose of land acquisition, and said they would not return to open session afterwards.

-- Stephanie O'Keeffe