Sunday, August 16, 2015

Reflections of The Way Life Used To Be

UMass exit ramp Rt 116 in Hadley

You sagacious types may have noticed in June/July the state contractor out on Rt 116 between Rt 9 Hadley and Sunderland center doing work that left mysterious newly patched holes 8" in diameter in the center and side roadway every 10 yards or so.

Over the past week the answer to what was going on became more obvious with the installation of new reflectors in the roadway, although located in a slightly different spot from the ones that had been removed.

 Newly installed road reflector

The reflectors were originally touted as "snowplowable" but maybe the company had Georgia or South Carolina in mind when they advertised them as such.  Those that had not been taken up by New England snowplows were removed and new ones installed.

 Let's hope these really are "snowplowable"

The reflectors of course make it a little easier for night driving but are certainly not a critical component of highway safety.  Amherst town roads have none for instance.

The state can be pretty anal with their roadways.  A half dozen years ago they spent $1.7 million installing mile markers every .2 of a mile along all 776 miles of state roadways. 

And of course what baby boomer can forget the infamous "call boxes" all along Rt 91 (that preceded ubiquitous cell phones) that never worked.


Thursday, August 13, 2015

Judge: Go Ahead & Build It

Kendrick Place (left) proposed One East Pleasant site circled in red

Hampshire Superior Court Justice Richard Carey allowed the town of Amherst and Archipelago Investments LLC "Motion for Summary Judgment," ending a lawsuit filed by abutter/competitor Joel Greenbaum over the proposed construction of a five-story mixed use (mostly residential) building on the site of the former Carriage Shops, in the north end of the downtown business district.


 
Amherst Carriage Inn circa 1960



The Amherst Planning Board, after five public meetings, gave Site Plan approval with two Special Permits allowing the building 5' extra height and 10% extra lot coverage.

Greenbaum filed suit claiming the proposed structure was a student dormitory, had too little parking and would cast an evil shadow on his property.

Essentially Judge Carey found that Mr. Greenbaum, with two nearby private parking lots, did not prove the new building -- which does provide 36 parking spaces where none are required -- is not a an injury "special and different from the concerns of the rest of the community."




And Judge Carey was not at all impressed with the testimony of Rolf Karlstrom, finding he's "not an expert authority on parking."

The Judge goes on to declare, "Karlstrom, as a biology professor and town resident, does not possess the knowledge necessary to evaluate city parking.  As such, any opinion in Karlstrom's affidavit will be stricken from the record."  Ouch!




Kyle Wilson (standing), Dave Williams (seated) aka Archipelago Investments LLC

While Mr. Greenbaum can appeal the decision it's unlikely that a panel of three judges would overrule such a strait forward finding from Judge Carey, who is known and respected for his thorough grasp of land use law.

Wednesday, August 12, 2015

Recycling Dirt

Dirt pile on South East Street

That rather large dirt pile growing off South East Street on the grounds of Colonial Village Apartments in East Amherst is from the Presidential Apartments expansion project in North Amherst.  Both complexes have the same owner (Allen Cohn).

Presidential Apartments:  Nine new buildings opening September 1st

The Zoning Board and Conservation Commission both gave permission for temporary storage of 4,000 cubic yards of material and the Con Com will need to approve any future use of the dirt at the Colonial Village site.

Have dirt, will pile

10/18/15  Job complete

Tuesday, August 11, 2015

School Superintendent Individual Evaluations

ARPS Superintendent Maria Gery answers to Amherst & Pelham School Committees, Regional School Committee (4 towns), and Union 26

They say a doctor who treats oneself has a fool for a patient.  But apparently in the operations and management world it's not uncommon to do a self-evaluation for your supervisor -- especially when those overseers are elected unpaid volunteers.

In her personal self evaluation School Superintendent Maria Geryk answered "needs improvement" to only one of 24 statements/traits, "Shared Vision".  She checked off "proficient" for another 18 and the highest rating,  "exemplary,"  5 times.




Interestingly, School officials who evaluated her think "Managing Conflict" was her weakest performance.  Five of 13 checked off "needs improvement" and one (Vira Douangmany Cage) gave her the sole "unsatisfactory" of her entire evaluation.



Of the 15 current and recent past School Committee members invited to evaluate the Superintendent, 13 responded and two -- Amilcar Shabazz and Sarah Dolven -- did not.



3-out-of-4 Ain't Bad

Superintendent Maria Geryk listens to three School Committees evaluation of her

Last night the Regional School Committee, Pelham and Amherst School Committees and Union 26 sat in final judgement of Superintendent Maria Geryk's performance over the past school year. The final verdict was a good one. Mostly.

Overall they gave her a 3.08 out of 4 which is described as "proficient". But the document was quick to point out, "This is the rigorous expected level of performance."

Interestingly the Superintendent's lowest score, 2.8, came under "Management and Operations" which was probably negatively impacted by all the racial turmoil created in the wake of the Carolyn Gardner affair.



The joint committees voted 10-1 in favor of the condensed summary of 13 individual evaluations with only Amherst School Committee member Vira Douangmany Cage voting "No".

Ms. Cage had earlier asked why Pelham School Committee Chair Tara Luce -- an Amherst Regional School employee -- was allowed to evaluate her boss?

The Mass State Conflict of Interest law holds public officials to a very high standard and strongly suggests avoiding even the "appearance of a conflict."

Superintendent Geryk stated the School's attorney had looked at the situation when Luce was first elected and opined that as long as she did not vote on (her own) salary contract, it was not a conflict.

Currently Maria Geryk is the highest paid public employee in town with an annual salary of $158,000 plus $840 cell phone allowance and $10,000 for annuity/life insurance policy.  She does not get a monthly car allowance.

Monday, August 10, 2015

Mediation Vs Facilitation

Amilcar Shabazz addresses his former colleagues on the Regional School Committee

After an hour and 15 minutes of sometimes heated discussion the Amherst Regional School Committee voted unanimously to support a motion calling for them to enter into a discussion with the NAACP regarding their concerns over discipline disparities with a  "facilitator" rather than entering into formal mediation.

Last week the Regional School Committee voted to allow three of their members to do exactly that, but the NAACP turned them down saying they wished to abide by the 1993 legal agreement and enter into formal mediation with the entire Committee.

 A dozen spectators including three former Regional School Committee members in attendence

The original motion from Dan Robb called for exactly that, but was amended by Rick Hood to change the word mediation to facilitation.  That amendment passed with five of nine supporting it: Katherine Appy, Kathleen Traphagen, Rick Hood, Kip Fonsh and Phoebe Hazzard, who was using remote participation via computer.

 Amherst NAACP President Kathleen Anderson:  "Mediation" or federal lawsuit

A few minutes before that NAACP local President Kathleen Anderson clearly told the committee that it was either "mediation" or a lawsuit would be filed in federal court.  Former Regional School Committee member Amilcar Shabazz also passionately urged his former colleagues to enter into mediation to avoid just such a lawsuit.

RSC member Vira Douangmany Cage pointed out the school's attorney Giny Tate makes $225 per hour and her staunch advice about the Consent Decree being a simple "contract" that was null and void could lead to a lawsuit that would only serve to give her many more hours of lucrative work.

Kathleen Anderson reads statement of Mary Lou Conca in support of spending $5,000 on mediation.  Investigation of her complaints against Schools cost $15,000

But Katherine Appy asked why would the committee listen to the NAACP attorney (who claimed it was a Consent Decree still in force) and not their own?  So why waste taxpayer money on a Mediator when it's clearly not required?

When all was said and done the Regional School Committee voted 9-0 to go into "discussion" with the NAACP with a facilitator rather than entering into formal mediation.



The ball is now squarely in the NAACP's court.

 Bulletin board on wall just outside RSC meeting


NAACP Legal Action Too Late?

Amherst Pelham Regional School Committee last week

At a joint meeting this afternoon between the Amherst, Pelham,  Amherst Regional & Union 26 School Committees the NAACP threatened legal action for breach of a 1993 agreement concerning disproportionate discipline actions against minorities will once again be a (hot) topic of discussion.

But in a letter dated August 7 the School District's Attorney Giny Tate pretty much destroys the legal standing of the current threat due to a statue of limitations being l-o-n-g expired.

According to Ms. Tate the original "agreement could only be enforced through a breach of contract action."  Therefor the consent decree was really not a "consent decree" but was nothing more than a simple "contract" between the NAACP and the Regional School Committee.

According to Ms. Tate a "breach of contract in the state of Massachusetts must be brought within 6 years of the breach" (expired 1999).

Attorney Tate continues to pile on:  "Failure to file a breach of contract within the statute of limitations terminates the NAACP's  rights to persue any actions now. The case is dismissed, and the School Committee has no further contract obligations under the agreement."



To sum it up succinctly Attorney Tate concludes, "The NAACP had no current right to enforce any terms of the agreement."

Click to enlarge/read
In 2013-2014 White students (60.6% of population) received 29.9% suspensions -- or half their average make up, while Black students (7.4% of population) received 28.6% suspensions -- more than three times their average make up.

Sunday, August 9, 2015

Amherst (Selectively) Remembers

First Congregational Church 1:00 PM

In addition to the usual 40+ year Sunday Peace Vigil in town center Amherst's oldest established house of worship, the First Congregational Church, put on their own public display for peace this afternoon by remembering the devastation unleashed on Hiroshima and Nagasaki 70 years ago.

Of course they don't anything special to remember December 7,  "A date which will live in infamy."

And thus far, 70 years later, has probably only been exceeded in infamy, by that Tuesday morning almost 14 years ago when death rained down from a crystal clear blue sky ...

Torch Run: A Fitting Tribute

Lining up at APD HQ 111 Main Street,  Saturday 6:55 PM

The spectacular Saturday weather continued into the early evening making the three mile jaunt from Amherst Police Department HQ to Kennedy dorm at Southwest UMass ever so bearable -- especially with 50 other friends, family and co-workers along for the run.


Umass roundabout was no problem for the pack

Pack escorted along University Drive 

The Law Enforcement Torch Run is more than just a special benefit to raise money for Special Olympics -- it's a concrete example of how cops care about their community.

And the power of camaraderie.

 Final stretch: University Drive up Fearing Street to Southwest Kennedy dorm

Saturday, August 8, 2015

This Blessed Day

Bikes line up in front of McGuirk Stadium

The weather this morning could not be any more blessed for a long motorcycle ride.   And with AFD Chaplain Bruce Arbour's official blessing under their belts the 19 riders who left from UMass McGuirk Stadium are sure to have a blessed ride over the 100+ mile course.
 

The blessing of the bikes

Jackass 3 -- named for David Bennett Sr.'s propensity to use it as a term of endearment with his many friends and family and not for the hijinks of the movie franchise -- raises money ($1,487) for the National Fallen Firefighters Foundation in his memory.

 Riders exited onto University Drive



If today is any indication, memories of David Bennett Sr. will live on for a very long time. 



Friday, August 7, 2015

Living Building Taking Shape

Foundation and parking lot of new building at Hampshire College 
 
The Hitchcock Center's new super efficient 9,000 square foot "Living Building" on the grounds of Hampshire College seems to be coming along just fine.  The facility is expected to open in the Fall of 2016.

Hitchcock Center current building is too small

The Hitchcock Center has been leading the charge on environmental education since 1962, and currently operate out of the town owned building a few miles up the road at 525 South Pleasant Street.

They have a lease there until 2020.

Hitchcock Center current building according to new town Building Inventory 

 Town DPW is installing road/driveway over on the left as part of a previous deal relating to Atkins Corner roundabout construction a couple years ago

Thursday, August 6, 2015

Another Metamorphosis

Hess Express now Speedway 486 West Street, South Amherst

Just when I get used to calling the long time,  always busy, convenience store in South Amherst by its new name they go and get bought out and change their name again.

When I first opened my business next door over 30 years ago it was a Dairy Mart, then DB Mart, then Volaro, then Hess Express and now Speedway.

The most recent metamorphosis is pretty much like all the rest: Speedway purchased 1,200 Hess Express stores for $2.8 billion dollars and simply changed the signage.  Although I'm sure the one over the front entry will get a better, more permanent one soon.

With the perfect location, location, location of this store on Rt 116 (West Street) it has never gone out of business due to a lack of business. Probably the only other store in Amherst with the same daily volume is the Cumberland Farms on Rt 9  (College Street), East Amherst.

Interestingly in the past couple years both of these locations tried to acquire a beer/wine permit, but the Select Board (acting as Liquor Commissioners) turned them down.

Concerns centered on nearby mom-and-pop liquor stores being negatively impacted and -- because they do such convenient high volume sales -- it could put liquor in the wrong hands at the wrong time, like just before getting behind the wheel of a car.

Having an even larger player now in place at that prime location can only benefit the South Amherst Village Center.   

Well I Love That Dirty Water

Umass Campus Center Pond this morning

Students returning to our beloved UMass campus over the next few weeks will find a (hopefully) cleaner Campus Center Pond, as contractors are now performing "hydro-raking" at the behest of the Physical Plant as part of their pond maintenance program.



Although, safe to say, the Campus Center Pond will never rival Puffer's Pond as a swimming hole.



Hot Run/Ride In The City

Torch Run starts at APD headquarters 111 Main Street Saturday at 7:00 PM

To heck with running with the bulls, running with the cops is a lot safer. And for a good cause:  The Law Enforcement Torch Run to benefit Special Olympics.

On Saturday evening at 7:00 PM a joint production of Amherst Police Department, UMass PD and the Hampden County Sheriff's Department kicks off in front of the station for a 3 mile jaunt through our picturesque downtown to UMass Southwest, which is being used as the Athlete Village for Special Olympics.

U3 Advisers Town Gown Report (Yeah, they borrowed my photo)

This Torch Run was cited by U3 advisers in their $60,000 consulting report on town/gown issues as an example of cooperation between the town and our flagship University.   Just one of many examples of "community policing" that makes our local departments shine, like a torch in the night.



Torch is fired up (2011)

The Law Enforcement Torch Run is not the only memorable benefit happening on Saturday.  Amherst Fire Department personnel will be taking part in a motorcycle ride, aka "Jackass 3," to benefit National Fallen Firefighter Foundation and honor/remember beloved AFD fallen member David Bennett Sr.



The ride starts at UMass McGuirk Stadium Saturday morning at 10:00 AM.  The weather on Saturday for both events is expected to be perfect!



Wednesday, August 5, 2015

Cherry Hill Golf Course: Wasted Resource

Cherry Hill absorbs a lot of sun, and tax dollars

For perhaps the first time in its entire history of municipal operation (1987) the Cherry Hill Golf Course came in under budget for expenditures consuming "only" $240,866 of its $242,949 operation budget.

Of course, also as usual, the Golf Course missed revenues by a fairway generating only $211,680 on a budget built on a $268,000 intake. So the simple math indicates Cherry Hill lost "only" $29,186.


 Click to enlarge/read
 Not shown:  $5,046 in insurance

But, as usual, that's only half the sad story. In addition to the $240,866 operation budget the White Elephant Golf business also required $39,721 in Employee Benefits, $12,500 in Capital Appropriations (lawnmower) and $5,046 in Insurance.

Or a grand total spent on golf in FY15 of $298,133 against a pitiful intake of $211,680 -- or a loss of $86,453.   Coming on the heels of a $103,964 loss last year (which could have been better spent hiring two Public Safety professionals).

 War Memorial Park former wading pool (middle/right) is now UFO landing zone

Meanwhile the wading pool at War Memorial Park was ripped out by the DPW last winter and the play equipment is as old as the Town Manager.

 60+ year old Groff Park Wading Pool needs (too much) expensive repair

And the wading pool at Groff Park is on its last legs, losing half the volume of water and requiring a 5 gallon bucket of chlorine every other day due to extensive leakage.

Last year the Town Manager sent a memo to the Select Board saying it was perhaps time to once again look at leasing out Cherry Hill to a private vendor.

At least that way it would generate tax money rather than consume it.  Amherst Golf Course, owned by Amherst College, paid the town $19,158 in property taxes for their successful golf business last year.

 Hadley Solar Array in the middle of a corn field

Better yet, since the town prides itself on being a "Green Community" the expansive swath of God's green earth should be put out to bid for a Solar Array.

Town Hall parking lot with 2 spaces reserved for electric vehicles (still awaiting final installation)

Tuesday, August 4, 2015

Breach? What Breach?



Attorney Regina W. Tate


So at $225/hour I guess it's a good thing that the Public Schools attorney Regina Tate is so succinct.

Her not overly prompt response to the NAACP complaint about a "substantial breach" of the 1993 "Consent Decree" was certainly short and to the point.

Just say no.

3 Secret School Meetings: Minutes Revealed

Current Regional Public School includes Amherst, Leverett, Pelham, Shutesbury grades 7-12

Interestingly enough the Amherst Regional School Committee never met in Executive Session to finally approve the $120,000 payment to former math teacher Carolyn Gardner and $60,000 to her esteemed attorneys.

But they did discuss the situation under the protective cloak of Executive Session three times prior to the sealing of the lucrative deal.

 Regional School Committee went into Executive Session at 8:00 PM last night

And of course they had to meet in Executive Session last night to approve those Carolyn Gardner related Executive Session minutes after my Public Documents request.



And I was glad to see secretary Deb Westmoreland and HR Director Kathy Mazur take far better notes than the Amherst Select Board did a few years back when former Town Manager Larry Shaffer suddenly flew the coop.


The discussion this article has stimulated on Facebook is nothing if not interesting, perhaps even more so than the original article.  (Keeping in mind Kurt Geryk is the husband of School Superintendent Maria Geryk.)

Water Water Everywhere

Pelham Reservoir owned by Town of Amherst (so don't mess with it)

The reawakening of Baby Carriage water treatment plant combined with the firing up of Well #4 is one sure sign the summer has turned a corner and we are now streaking towards the students return to reawaken our sleepy little college town.

Scenic  Baby Carriage Treatment Plant, South East Street

I'll let DPW Chief Guilford Mooring do the explaining:

The issue is not that the reservoir is low but that in the late summer demand goes up (Students come back) and the weather becomes more violent. Because the Pelham reservoirs are so small (sometimes because they are lower) the late afternoon summer storms stir up the water quite a bit. The warmer and “flasher” the water the harder it is to treat. So to avoid this issue we switch to well 4. Well 4 has a high output but is high in iron and manganese, so it must be treated, thus the Baby Carriage treatment plant must be operating. It is harder to start a treatment plant than one of the other wells so by starting Baby Carriage now and keeping Atkins online we then can adjust the flow of the other wells to meet the increase in demand as the population increases. Well 4 and baby carriage will stay on into the fall when weather patterns change and the cool temps make the Pelham Reservoirs easier to treat. So long story short, this is just our normal routine that allows us to ensure we have enough water for the population.
Of course all of us townies remember the year 1980 when the water ran dry only days after UMass opened and all the students had to be sent home. Yikes!

Monday, August 3, 2015

School Committee Armistice (For Now)

7 of 9 members Regional School Committee (2 absent)

After a two hour meeting replete with charges and counter-charges bordering on sniping the Amherst Regional School Committee voted (4 yes, 2 no, 1 abstained) to send a letter to the Attorney General explaining the violation of member Katherine Appy as not really a violation of the Open Meeting Law.

That only took 40 minutes, although scheduled on the agenda for 30 minutes.

Katherine Appy reads her statement later approved by Committee to send to AG

The only other item on the agenda, a discussion of the mediation with NAACP that stimulated the Open Meeting Law complaint in item #1 went on for 80 minutes, although also scheduled on the agenda for only a half hour.

The NAACP won a "Consent Agreement" in 1993 over the discipline disparity in the schools between students of color and white students.  A Consent Decree is kind of like the Armistice that ended the fighting in Korean in 1953.

A cessation of hostilities, but not an official close-the-book "peace settlement."

The NAACP now thinks the Schools have violated the Consent Agreement.  The Schools attorney thinks not.  When such an impasse exists the Agreement calls for "mediation."

 RSC Chair Trevor Babtiste and Vice Chair Kathleen Traphagen had already met with the NAACP and now wanted permission of the full board to go into "mediation."

 25 people turned out (including 3 former RSC members) to watch the fireworks

The full board was not happy they did not previously know about such a meeting or any previous discussions, with Ms. Appy squarely thinking Chair Baptiste had overstepped his authority.  Hence the email she sent to the entire RSC, which member Vira Douangmany Cage interpreted as a violation of Open Meeting Law.

 Former RSC member Amilcar Shabazz (left) Lawrence O'Brien (top right) Principal Mark Jackson (top left)

After adding a couple of amendments the full Committee voted  5-2 (Trevor Baptiste and Vira Douangmany Cage voting no) to have three members of the Regional School Committee meet informally with the NAACP over the next week and report back to the full RSC at their 8/10 meeting as to whether the impass gets bumped up to an official "mediation."

Which of course beats an all out war.

Vince O'Connor told the board to "check with your attorney" because he's sure the Consent Decree requires "mediation" rather than juat informal talks

New Sheriff In Town

Umass Amherst:  Getting out from under a cloud

UMass Amherst, our proud flagship of higher education, just announced the new "neighborhood liaison," aka "off campus Resident Assistant," and they could not have made a better choice than Eric Beal.



Eric Beal Chairs his final ZBA meeting (June 11) after 8 years of service


Modeled after the Boston College program of having a school employee who is a hybrid of a cop and bar bouncer, Mr. Beal will patrol the usual suspect neighborhoods adjacent to the UMass campus to try to head off rowdy parties before they hit the stage where APD is required.

Mr. Beal will be paid a $62,000 annual salary.

18 months ago Eric Beal chaired the ZBA meetings against a prominent local landlord who appealed the hefty fines imposed by the Building Commissioner for having too many students packed into an apartment, without proper safety precautions. 

That case became a turning point, and helped in the creation of the successful Rental Registration & Permit Bylaw which is now at 100% adherence.


#####
UMass Press Release
Aug. 3, 2015

UMass Amherst Chooses Attorney and
Former Town Official Eric Beal
as First Neighborhood Liaison

AMHERST, Mass.

Eric Beal, an Amherst attorney and former chair of the Amherst Zoning Board of Appeals, has been appointed to the newly created position of neighborhood liaison at the University of Massachusetts Amherst, effective August 3rd.

Beal, a UMass Amherst alumnus, will work with town and campus public safety officials, responding to incidents and complaints involving off-campus student behavior in neighborhoods near campus. He will serve as a liaison to off-campus students and neighbors during evening weekend patrols and will assist campus partners with proactive programs on student behavior, educational campaigns and community service activities.

“Eric’s deep knowledge of the neighborhoods around campus both as a resident and as a former zoning official makes him uniquely qualified for this new and important position,” said Nancy Buffone, associate vice chancellor for university relations. “This position is another step forward in our town-gown efforts and I am confident that Eric’s skills and experience are a great fit for the university and our campus neighbors as well.”

The creation of the neighborhood liaison position was a key recommendation in former Boston Police Chief Edward Davis’ September 2014 report to campus and community officials on how best to handle large off-campus disturbances. The neighborhood liaison’s role is to work directly with community members, hear everyday concerns and build relationships to deter disorderly student behavior. Similar positions have been successful at Boston College and Georgetown University.

Beal will be a nighttime mainstay in the neighborhoods that traditionally find students gathering during fall and spring semester weekends. He will collaborate with Amherst police and fire officials on proactive approaches to student-neighborhood issues and with the university’s Student Affairs and Campus Life office on its successful Walk This Way and Team Positive Presence programs.

“I fell in love with the Amherst area while a sociology major at UMass Amherst in the early ’90s, and it’s been a dream of mine to work for UMass,” said Beal. “In my eight years on the ZBA, I worked closely with town and public safety officials, residents and property owners. I learned first-hand about the issues affecting our neighborhoods and efforts of residents, the town and the university to improve quality of life. I look forward to joining UMass to continue that work.”

A graduate of UMass Amherst and the University of Connecticut School of Law, Beal has a background in human services, including a stint as a resident assistant in the Southwest Residential Area and work as a mental health counselor in the Holyoke area.

In his law practice, Beal represents clients in appellate matters, including children and families in care and protection appeals. Beal previously was an associate with Axinn, Veltrop & Harkrider in Hartford from 2001-07, representing Fortune 500 clients in litigation, government investigation and appeals, and an associate with Bulkley, Richardson and Gelinas in Springfield from 2007-10.

An Amherst resident, Beal plays alto saxophone in the Amherst Community Band under the baton of UMass Marching Band director Timothy Anderson. He has served as a member of Amherst Town Meeting and is a supporter of the Friends of Puffer’s Pond. He is an avid cyclist and trail runner and serves as a lead coordinator for the 2015 Amherst Regional High School Cross Country Invitational.

 Beal lives with his daughters, Lillian and Ella, and his long-time partner, Shelley, and her two sons, Peter and Eric.