$ From Heaven

Little Red Schoolhouse:  Worth $500,000 to move?

Just as a concrete example of how some activists think Community Preservation Act money raised each year by a tax surcharge on all residential property (except tax-exempts of course) free money to be plundered on a personal whim, I give you last night's CPA pubic meeting:

Carol Gray now admits the moving of Amherst College owned Little Red Schoolhouse would cost in the $325,000 to $375,000 range and at the moment she has not raised a single penny towards that (relying instead on CPA historical preservation funds) and currently has no site secured for the relocated building to call home.

Amherst College Facilities Director Jim Brassord was in attendance and pegged the actual amount -- based on quotes from a contractor who already moved two College owned buildings -- as being "North of $500,000."  Ouch!

 Carol Gray left, Jim Brassord back row in white shirt

I left the meeting near 9:00 PM after Ms. Gray gave her presentation, as she was the 3rd and last item on the agenda.

But Vince O'Connor, who chimed in freely during the three presentations, then commandeered the meeting and gave close to a half-hour pitch to squander $300,000 in CPA funds to rebuild the (supposedly historic) Mill Street Bridge.

 Posted agenda for last night's CPA meeting (note Mr. O'Connor's crusade is not mentioned)

Mill Street Bridge closed 3 years ago due to safety concerns

Since this ridiculous item was not on the agenda (and had it been I would most certainly have stayed to cover it) the CPA Committee -- under Open Meeting Law -- should not even have allowed the discussion.  

Not to mention the state is planning to rebuild the Mill Street Bridge next year with STATE MONEY.

Mr. O'Connor brought a warrant article to Amherst Town Meeting last spring to reopen the bridge but it failed handily.  A vote to "refer back to committee" is Town Meeting's nice way of saying "go away."

 Vince O'Connor bridge scheme unanimously rejected by Public Works Committee in April

Back in 2007 the town spent $287,000 in CPA money to preserve the view of the historic Kimball House on North East Street, even though it is (still) owned by Roger Cherewatti, who then built the most expensive house in Amherst immediately behind it.

Which kind of takes away from the view.

If the CPA Committee approves funding either Ms. Gray or Mr. O'Connor tilting at windmills,  taxpayer should figure out how to recall appointed members of the committee.

   Amherst Mill Street Bridge

Three's A Crowd

321 Lincoln Avenue, Amherst's Great White whale

After two years of cat and mouse attempts at enforcement of the zoning bylaw limiting 321 Lincoln Avenue to only two apartments ("two family") one of which must be "owner occupied" Building Commissioner Rob Morra declared victory with a signed legal document recorded 4/27/15.

The first thing You-Pan Tzeng did after buying 321 Lincoln Avenue three years ago was try to remove the "owner occupied" zoning requirement that legally came along with the building, which he of course knew about prior to purchasing it.

Tzeng lost that court battle but not before costing Amherst taxpayers over $15,000 in legal fees.

Neighbors along Fearing Street and Lincoln Avenue had been complaining almost since the day  he purchased the property, mainly about the extra tenants and the noise and cars that come with them.

But Inspection Services can't simply walk into a house unless invited to do so by a legal resident.  Last winter Morra received a call from a Boston attorney requesting he inspect the premises at 321 Lincoln where his daughter was a tenant.

They had been told when signing a lease that the house was only two apartments -- hers and the one below -- but the daughter clearly heard sounds associated with a 3rd unit above her.

At last the Building Commissioner had the legal grounds to do a complete inspection. Once Mr. Morra confirmed the presence of a stand alone unit on the 3rd floor -- complete with bedroom and kitchen -- he could assess fines of $100 per  day. 

Tzeng could not throw out the legal tenants from either of the two apartments (especially when one has a lawyer dad) because they had a signed lease and the third illegal unit was "owner occupied" by his daughter who attends UMass.

Hmm ... what to do?  Surrender!

This time, Moby Dick did not escape.

   Amherst Zoning Victory

Click to enlarge

Cracked structural beam just discovered in June at 321 Lincoln Avenue

Building On Rental Success

Mandi Jo Hanneke, Rob Morra (Building Commish), Pat Kamins, Maurianne Adams

Building Commissioner Rob Morra told the Rental Bylaw Implementation Group this afternoon that after 18 months the new Rental Permit Program is going better than expected but could still be improved -- most notably via a strengthening of the bylaw.

The second Fiscal Year of operation started July 1st and by the end of the month 1,260 properties had renewed their permits, almost exactly the same number who enrolled the previous year.

About 30-40 new properties joined the list but about that many dropped off because they were no longer renting, so it was pretty much  a wash.

With the $100 annual fee the program generated a $126,000 in revenues while break even for administrating is probably in the $165,000 range, a target figure that was given to Town Meeting two years ago when the program was first enacted.

The Town Manager could possibly consider a fee hike next year to increase revenues, bringing the program to a break even mark.

The main change Morra would like to see is the ability to (re)inspect properties that have been the subject of complaints and found by his department to be in violation of building/health codes.  In Fiscal Year 2014 his department found 214 violations.

Currently a landlord "self inspects" the property and town inspectors only become involved when a tenant lodges a complaint.  Morra pointed out that in some of the most egregious violations found the landlord/manager had checked off the self inspection form indicating that all was fine.

Kind of like what Iran nuclear self inspectors will be doing in the near future.

The Rental Bylaw Implementation Group was not overly enthusiastic about strengthening the bylaw just now (but maybe in the spring of 2017) to allow for mandatory inspections, siting mainly privacy concerns.  They also wish to see data to show how many of those 214 violations last year were repeat offenders.

Another idea presented by Morra was also met with wariness, also due to privacy concerns:  A joint task force made up of police, fire, health department and the new UMass neighborhood liaison (Eric Beal) with a mission to tour a usual suspect street or neighborhood.

The goal would not be to simply hand out enforcement tickets but to educate and inform residents of their rights to live in a safe rental property.  Morra thought if the pilot program does come to fruition it would kick off in late September or sometime before Halloween.

The Rental Registration Bylaw was overwhelmingly passed by Town Meeting two years ago as one means of bringing rowdy Party Houses under control, but mainly to prevent tragedies that can occur when slum lords have free reign.

So far this important public safety program is two for two.

Signs of Summer's End

Black Lives Matter group protest in front of APD at high noon today

Yes when you live in a "college town" there are some unmistakable signs that summer is quickly coming to a close and our population is about to double with students flocking to our three institutes of higher education.

From the ubiquitous  "Welcome Back Students" signs in shopkeepers windows to the downtown traffic jams created by a co-mingling of cars and college aged youth.

Political activism will pick up where it left off last spring with the current cause de jour being "Black Lives Matter."  Today at noon a group of about 30 marched around and through the Town Common and set up shop in front of the Amherst Police Station at 111 Main Street.



They were pretty much ignored by APD, although not by the local bricks and mortar media or pedestrians in the downtown.  Which, I suppose, is the general idea.

You Can't Get There From Here

You may have noticed all those bright yellow additions appearing on our regular street signs that almost resemble stickers, informing drivers not to come sightseeing unless they have a good reason.

Maybe it's part of being a "green community," reducing the extra gas consumed when a lost vehicle goes down the wrong street, or just an easy way to keep the peace in neighborhoods where some folks don't like lost vehicles using their driveway to turn around.

DPW Chief Guilford Mooring reports the signs come with no additional cost to taxpayers because the new "No Outlet" is simply added to the routine design and then used whenever a street sign is replaced.

A sign replacement costs the town $250.  So in case you ever wondered why the (infamous) Hobart Lane street sign is twice as high up as a regular sign ...

Hobart Lane (also a "no outlet" street)

Thuggery Continues

War Memorial Pool.  DPW Tree Division immediately north

In addition to break ins at downtown LimeRed Teahouse, the Monkey Bar and an apartment nearby on Thursday night, the town owned War Memorial Pool (now closed for the season) was also the victim of an overzealous agile perp who climbed the perimeter fence, broke through security glass in an inside door and then trashed the place in search of cash -- which he didn't find.

 All outside windows are gated security glass

Unfortunately the town does not have security cameras installed at the War Memorial building, although the DPW operation next door will soon have them, and one camera will point directly at the pool.

Our downtown has been plagued by this unsophisticated type of criminal activity for far too long now.

And while the students return next week does not necessarily increase this brutish type of behavior, the other alcohol fueled rowdy activities college aged youth routinely engage in -- albeit a small minority but of a large overall number -- will keep police distracted until first snow. 

 Eastern Hampshire District Court

Thursday night's break in spree seemed to be worse than the entire weekend as Monday morning in Eastern Hampshire District Court had a total of three APD arraignments, two for motor vehicle charges and one for a violation of abuse prevention order. 

Moving On Up: Deluxe Apartment In The Sky

Kendrick Place, opening by September 1st

Gloom and doom aficionados will be watching closely over the next few weeks as one of the more controversial buildings du jour -- after all, what building in Amherst has not generated controversy -- will open for business.  Just in time for the students return.

In an update to the Planning Board earlier this week developers Kyle Wilson and Dave Williams presented "streetscape" plans for the finished product, although with the undergrounding of utility poles yet to be completed some of the work will have to put off until next year.

   Kendrick Place Streetscape

Streetlights for instance.  DPW Chief Guilford Mooring told the Planning Board the MassWorks $1.5 million grant for the utility work only included the installation of tradition streetlights.

So if the board was interested in using the ornate, more efficient LEDs, they should take a quick tour of the Atkins Corner project where the streetlights are working just fine.

Mooring said he would still install traditional streetlights around Kendrick Place for the winter but could then replace them with the fancier ones, and simply reuse the conventional ones as spare parts.  The price per unit for LED has come down to around the same $500 per unit as conventional ones.

 Atkins Corner LED streetlight

Parking is of course the main issue with Kendrick Place -- or I should say the lack of it.   Because it's located in the Municipal Parking District there are no minimum parking requirements.  Thus critics wonder where the 104 tenants from the 36 units will park.

Although Amherst has one of the most extensive free bus systems in the region. 

The Planning Board will present an article to Fall Town Meeting calling for the simplification of using private parking lots in the downtown as separate stand alone businesses to attempt to make more efficient use of parking.  Private lots currently provide the lions share of parking in the downtown.

 Property owner across the street not interested in sharing his parking lots

But Jeff Brown, the property owner directly across Triangle Street from Kendrick Place, said he has no interest in using his parking lots for anything but the convenience of his commercial tenants.

Town officials will also be closely monitoring the absorption of Kendrick Place into the downtown ecosystem, since the same developers are planning One East Pleasant Street, a much larger mixed use building within a shadow of Kendrick Place. 

 Construction crews working on a Saturday (8/22) to ensure September 1 opening

Sudden Stop (Sign)

North Amherst center Pine/Meadow intersection (circled)

Local long time activist and North Amherst resident Vince O'Connor told the Public Works Committee last night that a stop sign was needed at the Sunderland/Montague Road junction just north of the main intersection in the North Amherst Village Center.  Now!

O'Connor is worried that students coming to the University of Massachusetts driving through the intersection for the first time will be confused by the 5-way intersect taking place within a small distance leading to public safety issues.

Public Works Committee Chair Christine Gray-Mullen did not want to hear about that particular micro-management issue since it was not on the agenda for committee discussion.  So any extended discussion now would be a violation of Open Meeting Law.

 Public Works Committee last night.  DPW Chief Guilford Mooring top center

DPW Chief Guilford Mooring stated many people were confused by the issue at the June 24 Public Forum and wanted to solve the entire 5-way intersection problem, when in fact there are two distinct separate intersections that need to be addressed individually.

The agenda for the PWC meeting sought to do just that. 

After O'Connor stormed out of the meeting, saying he would press his concerns with the Amherst Select Board, the Public Works Committee voted unanimously to separate Pine/Meadow/North Pleasant from Montague/Sunderland Road for redesign purposes.

 Mr. O'Connor wants a stop sign on Montague Road (circled)

Mooring reaffirmed his belief that the only solution for Pine/Meadow/North Pleasant was a simple traffic light tweak allowing guaranteed left turns, like the traffic control at University Drive and Amity Street.

And new traffic control lights could be up and flashing by next year.

The town will host another public forum on the North Amherst intersection in October.  The Amherst Select Board has final say over the design improvements.

The Electronic Age

 Town Meeting Electronic Voting Committee voted unanimously to support warrant article this morning

Amherst's antiquated 250+ legislative body will get a chance to enter the 21st century this fall courtesy of the Town Meeting Electronic Voting Committee, who will request a revision to the Rules of Order to allow for -- you guessed it -- electronic voting.

click to enlarge/read

 Amendment to Rules of Order

A separate article vetted by the Joint Capital Planning Committee will request $26,000 to pay for the new system.

The committee was formed less than a year ago and members appointed by Town Moderator Jim Pistrang.  The Fall Town Meeting starts November 2 with the article calling for amending the Rules of Order to come up almost immediately.

The Committee also decided to bring in the vendor to do a demonstration as part of the presentation of the article, although one member wondered if they really wanted to take that chance.

If Town Meeting approves both the Rules of Order change and the $26,000 in capital expenditures the system would see first official use at the Spring, 2016 Town Meeting.

Mr. Pistrang did ask the Committee if they thought some Town Meeting members might vote against the article due to rumors of a new Charter movement that could eventually lead to replacing Town Meeting with a far more efficient Mayor/Council.

The Committee assigned tech minded member Jonathan O'Keeffe to research the resale value of a used system if the town decided to sell it, but other members pointed out it could still be useful to the Public Schools or at public forums.

The vendor suggests a five year lifespan but the Committee decided to use 8 years in their Final Report that will be mailed to all Town Meeting members, which will also include a section for Frequently Asked Questions.

Leasing a system was explored but because Amherst tends to have many nights of Town Meeting, the cost was almost the same for a one year lease vs buying the system.

Do You Know The Way ...

Beautiful downtown Amherst, in the shadow of UMass

Pretty soon visitors to our bustling city-like community disguised as a quaint little college town will be able to find their way around in style.

Using a $10,000 "Downtown Initiative Program" grant from the Department of Communities and Housing Development the town hired Mark Favermann to design a new logo for the town to use on all signage, starting with the downtown.

 Branding & Way Finding Working Group found its way to Town Hall this afternoon

Favermann told the working group -- made up the town officials, business and academic representatives -- that signs perform four basic functions:  Identity, informational, directional, and restrictions.  But they all should tie in via color scheme, font or graphic.

Favermann presented 5 basic design concepts each with slight tweak using a different color scheme for a total of 15.  Planning Director Jonathan Tucker told the group to narrow it down to three and Favermann would work with them and come up with new variations.

   Amherst Branding and Way Finding Signs

The group quickly voted down option #4 calling it the "haunted house" design and option #5 which was supposed to be the twin trees on top of Mt Pollux, but don't really look all that great without benefit of the hill they overlook.

 Select Board Chair Alisa Brewer was concerned about using a tree image  for downtown signage

BID Director Sarah la Cour also presented a hand drawn design showing a skyline with the outline of three buildings and a tree, but did not want it photographed for public consumption just yet.

Another meeting will be held the first week of October that will include extensive public input.

Final draft designs will be presented to a joint meeting of the Select Board and Planning Board in late October or November.

 Town Mgr John Musante (yellow shirt) and Assistant Town Manager Dave Ziomek (pink) attended

The Select Board, as "keepers of the public way," have the final say.

#####

Dickinson Museum just installed new signs only last month (that don't include iconic Dickinson Homestead graphic)

Troubles At The Top?

Town Manager Musante (right), SB Chair Alisa Brewer (left)

Tonight the long awaited evaluation of the Town Manager by the 5 member elected Select Board on his progress with 15 goals in various areas of responsibility showed interesting criticism from the two most experienced members of our executive branch -- Chair Alisa Brewer and Jim Wald.

Ms. Brewer gave Mr. Musante "unsatisfactory" a total of nine times (out of possible 44) while Mr. Wald checked it off five times.

Brewer and Wald were in unanimous agreement in response to goal #5, "Relationship With the Select Board"  by giving him "unsatisfactory" to the same five of eight statements. Ouch!

Brewer and Wald checked off "unsatisfactory" to 5 of 8 statements

In fact the other three SB members did not issue a single "unsatisfactory" out of all 44 response statements.

Last week 13 current and former Regional School officials evaluated Superintendent Maria Geryk, currently the highest paid town employee ($158,000), on a bevy of criteria but only a single "unsatisfactory" was issued.

The Select Board will meet again before the end of the month in Executive Session to make Mr. Musante a contract offer and presumably a raise from his current $150,000 salary.

So it will be interesting to see -- especially with this surprising number of "unsatisfactory" scores -- if he gets the 5.5% raise necessary to make him the highest paid employee in town.

Click to enlarge/read

Although statement G should probably include Blogs, Facebook and Twitter 

Click to enlarge/read

 Selectman Jim Wald reacts to media coverage (and my title) on his blog

Public Documents Redux

Amherst Regional Middle School

Sometimes you hit a treasure trove and sometimes it's just junk, but a public documents request -- which my friends in the bricks and mortar media make all too infrequently -- is never a waste of time.

At the very least it sends a message that anything public officials say relating to public matters can and will be used against them.  Or for them as the case may be, since sometimes the information gained sheds a positive light.

   Concern Over Public Documents Release by Larry Kelley

Click headline "Concern over Public Doc Release" to better read document

As the 4,500 of you who read the previous release of internal emails may remember, the $180,000 payoff of Carolyn Gardner was done without the standard "non disclosure agreement," after the schools did everything in their power to have it included.

Gardner's legal team insisted the settlement not be done under the cloaking device of a non disclosure agreement. 

Of course maybe that's why the Public Schools are more inclined to give away the store with  legal cases, since they assume the non disclosure agreement will protect them from prying eyes.  All the more reason to challenge it.

At every opportunity. 

Good News Crime Report

Eastern Hampshire District Court this fine summer morning

So for those of you who think I spend too much time documenting the sorry underbelly of Amherst i.e. drunk driving and other drug/alcohol related carnage please take note:  For the 2nd Monday morning in a row Amherst Police Department had no arrests/arraignments in Eastern Hampshire District Court.

And yes, based on my boots on the ground coverage of said District Court that is a tad unusual, sort of like a man biting a dog (or a woman scratching a cat).

The relative calm will only last until this coming weekend with the return of our vital and exuberant "college aged youth."

Kick back, suck down the lemonade and enjoy the leisure paced summer quiet over the next few days ... because change is just around the corner.

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.

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

   One East Pleasant, Amherst by Larry Kelley

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."

   Greenbaum vs Archipelago

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.

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

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.

   Maria Geryk Self Evaluation 2015 (click link to better read)

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.

   Maria Geryk Eval by 13 school officials

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.

Maria Geryk's self evaluation last year

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.

   Amherst School Superintendent Evaluation

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.

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."

   Amherst NAACP Too Late

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.

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