DUI Dishonor Roll

On average, 2 out of 3 people will be involved in a drunk driving crash in their lifetime

Again this past weekend Amherst police took three impaired drivers off the road -- Amanda Gray, age 27; Claudimila Deoliveiramartin, age 22 and Michael Lewandowski, age 36.  All three had pleas of not guilty entered in their behalf this morning in Eastern Hampshire District Court and their cases were continued until next month.

And since all of them took and flunked the Breathalyzer test back at APD headquarters -- the one that is admissible in Court -- they all would be wise to accept the Commonwealth's standard offer of a 24D disposition.

Amanda Gray

Claudimila Deoliveiramartin

Click to enlarge/read
 

Michael Lewandowski

Misty Lightning Rod

Kendrick Place Saturday morning just before the mist rolled in

Normally I post to this blog first, created a tiny url, come up with a snappy one sentence teaser, and then post to Facebook, Twitter and LinkedIn, which combined drive about 33% of my traffic.

These days I also post a fair amount to those three social media sites photos or slice-of-life incidents that don't quite rise to the level of a full-story blog post.

But this is the first time I'm doing a blog post based on a simple Facebook item, which as of now has attracted more feedback than any Facebook post in my short history (beating out I'm sad to say a picture of my darling daughters from a couple years back.)

Obviously Kendrick Place is a lightning rod guaranteed to attract attention.  Kind of like cute kitty videos on YouTube.

Some people see it as an ugly monster dominating the skyline in the northern end of dowtown, while others see it as a tax generating symbol of progress that helps to fill the number one need in the town today:  housing.

Interestingly enough as of this writing the simple Facebook photo op has drawn 32 comments, but only seven outright negative.  More interestingly it also has 37 "likes," and I assume my friends would not hit the like button unless they kind of liked the idea of the building.

 Kendrick Place in the mist (some would like it do disappear altogether)

Or maybe it was just the artsy photo.  Oddly enough the mist rolled in 5 or 6 minutes after my drone went airborne and had already snapped a few photos.  When looking at my iPad Mini monitor I at first thought it was just condensation on the lens but a glance up quickly proved otherwise.

 Carriage Shops: future site of One East Pleasant Street

Whatever the case, with all this attention generated by a five-story mixed-use building with only 36 residential units you have to wonder what's going to happen when One East Pleasant street goes up pretty much next door -- with over twice that capacity.

I hope the developers plan to install extra heavy duty lightning rods.

   1 East Pleasant, Amherst by Larry Kelley

UPDATE 8:30 PM So I'm pleased to report I have a new winner for all time high likes on Facebook (yeah, that was quick):

The High Cost Of Racist Graffiti

Carolyn Gardner was allegedly targeted by racial notes and graffiti numerous times

UPDATED 3:00 PM 

(Scroll down for School Superintendent Maria Geryk response to School Committee member Vira Douangmany)

Under increasing public pressure the Amherst Regional Public Schools just released the settlement amount in the sad case of math teacher Carolyn Gardner:  $180,000 total payout from three sources:  $90,000 insurance, $60,000 from the Regional School District, and $30,000 from payroll.

But only $120,000 went directly to Ms. Gardner, the other $60,000 was paid to her esteemed attorneys Sasson, Turnbull, Ryan & Hoose, LLC.

   Carolyn Gardner $180K Agreement

Some will argue the total amount is W-A-Y too much, but considering her initial request was $500,000 maybe not so much.  Others will argue it's W-A-Y too little for the indignity of it all.  Most, however, will agree the lawyers got too much.

The truth, inevitable, stands somewhere in the middle.

Click to enlarge/read

Email from School Superintendent Maria Geryk to Regional School Committee member Vira Douangmany, copied to the entire School Committee

Hush Money

Amherst Regional High School

The recent settlement with Carolyn Gardner that school officials refuse to release any details about is only the most recent example of tax money paid out to, presumably, right a wrong or make an individual whole again so they can get on with their life.

Somewhere other than the Amherst Regional Public Schools.

Over the past four years the Public Schools have paid their attorney Giny Tate $562,066, or an average of $140,516 per year for legal services.  And "Legal Settlements" cost the taxpayers $821,668 over that same time period or an average of $205,417 per year.

Thus legal activity taken as a whole cost taxpayers an average of $345,933 per year for the past four years.

   Amherst Public Schools Legal Costs by Larry Kelley

The report to the Regional School Committee is dated March 31 so FY15 was three quarters completed (ends June 30), thus the Carolyn Gardner settlement is not included.

 Chart composed by HR Director Kathy Mazur

A few years ago I requested all the (former) employees who were paid a settlement greater than $5,000 and was given a chart showing 13 individuals (between 2006 and 2013) paid a total of $367,427.

The Schools refused to release the names of the individuals or any further details even though the Secretary of State's Public Records Division clearly told them to do so. 

Back then I had figures but no names, today we have a name (Carolyn Gardner) but no figure.

Go figure.

Show Me The $

Regional School Committee mid-May

Has the Phoebe Prince tragedy really been so long ago that bureaucrats have already forgotten?  God I hope not.

One lesson learned that from the sad affair is that money paid out as a "settlement" by a PUBLIC School is PUBLIC MONEY and therefor subject to PUBLIC disclosure law.

Even if an insurance company should cover it, that only means rates go up next year.  Therefore still a cost to taxpayers.  Or if the former employee is offered a full year's salary as a going away bonus.

The general public has a right to know the exact amount of the settlement (notice the Schools actually use that word) paid to Carolyn Gardner to settle her lawsuit.

And I find it stunning that the Regional School Committee, who prepares and passes the Regional budget, was not informed PRIOR to the settlement.

Click to enlarge/read

Email to Regional School Committee on Tuesday announcing settlement

Select Board litigation update 3/2/15

No Laughing Matter

Highest elected officials in town are paid $300 annually

Saying that when she mentions their annual $300 stipend most people laugh, Select Board member Connie Kruger told the Finance Committee this morning the Select Board compensation issue, although awkward for her to talk about because of obvious self-interest, boils down to "respect of the office."

Select Board members are reimbursed for some out-of-pocket expenses, but the issue really is their time. Lots of it.  This past Fiscal Year they met 33 times, with each meeting lasting around three hours.   Not to mention all the prep time preparing for each meeting. 

And the simply fact that their stipend (and that of the Moderator) has not increased since the mid-1970s, so inflation alone calls for quadrupling the current amount.

 Finance Committee this morning.  Chair Kay Moran 2nd from right

Most Finance Committee members were sympathetic to the issue with member Bernie Kubiak agreeing strongly:  "It should be increased considering the importance and amount of time ... I think $300 is a joke”

But newly reelected Chair Kay Moran thought it was a "policy issue" that should first be fleshed out with an exact amount by either the Select Board or a committee they appoint, and then come back to the Finance Committee like any financial article.

Member Steve Braun had to leave early before a vote was taken but told the committee on his way out, "I'm in favor of raising it."

Vice Chair Marylou Theilman made a motion to "Refer the question of compensation/stipend back to the Select Board as a policy issue."  That motion passed unanimously 6-0.

Connie Kruger said she was happy with that, as the Select Board may now feel more comfortable discussing the issue.

In other financial matters the Finance Committee voted unanimously to transfer $251,176 from their "Reserve Fund" to last year's DPW budget to cover cost overruns on "snow and ice removal."

The original $280,000 DPW budget was overrun by almost twice the amount, coming in at $531,000.

Area compensations.  Described as "all over the map."

All Or Nothing

The Lord Jeffery Inn

I actually kind of dislike all those listicals you can't avoid on the Internet these days.  WAY too many of them, almost all with the same pitch designed to get you to click:  "You won't believe #4," or maybe it was #7.

But certainly one of the more reputable entities out there is USA Today, still one of the top circulating print newspapers in the nation.  So their "Top Ten" actually means something.

And hey, who wants to be only #3?  So let's vote up to #1 the Lord Jeffery Inn, both an anchor and an icon for our downtown.

Sunderland Fire

AFD Chief Nelson (white shirt) on scene with Sunderland FD at Cliffside Apartments, Sunderland

A half dozen area Fire Departments responded to the call (around 6:45 PM) for mutual aid by Sunderland Fire Department after they were first on the scene of a stove fire at the Cliffside Apartments that extended into the entire kitchen.

The smokey fire was quickly put down -- "A great stop" said AFD Chief Nelson -- with no injuries to any residents or first responders.

FD on scene:  Sunderland, Amherst, Hadley, Greenfield, South Deerfield, Whately, Montague Center.

 Firefighters ventilating the apartment

AFD Engine 4 (functioning as Engine 2)  on scene

Montague Center FD on scene

Fortunately the South County EMS ambulance was not needed 

South Deerfield ladder truck

Select Board Mini Meeting

Amherst Select Board (4 out of 5) and acting Town Manager Dave Ziomek

The Amherst Select Board met in public session this afternoon in the Town  Manager's office in Town Hall mainly to approve committee appointments, as the new fiscal year started July 1st.

And in the brief 24 minute meeting the Board voted unanimously to approve 16 appointments of which six were confirming the Town Manager appointees.

 All were approved unanimously

But they did hear some good breaking news from Finance Director Sandy Pooler concerning the state budget, which is expected to be finalized by the legislature later today, mainly related to our schools.

Chapter 70 aid, Charter reimbursements, Circuit Breaker Special Education money and Transportation reimbursements are all up slightly, as was Unrestricted Local Aid for the town side of the budget.

Payment In Lieu Of Taxes for that behemoth we host, UMass, is unfortunately level funded.  And the Community Preservation Act reimbursement will be only 18%, so for every dollar Amherst homeowners paid in, the state will match 18 cents.

The acting Town Manager report from Dave Ziomek, filling in for John Musante who is attending a professional development program over the next three weeks, was short and concise:  "Things are going extremely well."

Under calender preview the board confirmed they will next meet in regular session July 27th, then three meetings in August all involving the Town Manager evaluation.  August 18th and the 19th (if needed) and then August 24 where they will meet briefly in open session and then go into Executive Session to hammer out a new contract for Mr. Musante.

The Town Manger currently makes $150,000 annually but is not the top paid municipal employee.  School Superintendent Maria Geryk holds that distinction with a cool $158,000 salary.

New up to date picture of Select Board was recently installed in Town Hall courtesy of an anonymous donor

Build It! Just Not Anywhere Near Me

UMass Southwest = 5,5000 beds.  Originally a 6th tower was planned, but never built

Couldn't agree more with Fearing Street resident John Fox's column in today's Gazette:  Indeed UMass could do more with housing students within their confines even though they are already top three in the nation for sheltering students on campus (around 60%).

 Click to enlarge/read

I just find it interesting he highlights two private town center projects he vehemently opposed -- Kendrick Place and One East Pleasant Street -- declaring them not nearly big enough to satisfy demand and then points out Public Private Partnerships constructing housing on public (UMass) land is the best way to go.

Kendrick Place, with104 beds, opening next month

Ironically, when the Amherst Redevelopment Authority partnered with UMass to develop the former Frat Row into a glorious Gateway Project that would have provided ample student housing and commercial space in a tax-paying mixed-use project, Mr. Fox lead the charge to successfully scuttle it.

John Fox (rt) on the attack at ARA meeting December, 2010

But at least he will now support circumventing the Pacheco Law to allow a Public Private Partnership to build a substantial project somewhere on campus.

Of course should they choose the best location, the shovel-ready former Frat Row, he will once again fire up his war machine. 

Gateway Area.  Fearing & Phillips Streets on left with former Frat Row on right.  
Maybe it's time to build that 6th Southwest Tower?

DUI Dishonor Roll

The rate of drunk driving is highest among 21 to 25 year olds (23.4%)

When it comes to drunk drivers Amherst was no more dangerous over the holiday weekend than usual.  Of course the bad news is "usual" means APD took two potential killers off the road: Sage Grasso-Monroe (age 19) and Josh McDuffe (age 22).

The scary news is how many did they not catch?

Both had a plea of innocent entered in their behalf by Judge Shea and their cases continued for pre-trial until next month as they were going to hire their own private attorney.

Joshua McDuffe stands before Judge Shea

Click to enlarge/read

#####

Sage Grasso-Monroe stands before Judge Shea 

   Dangerous driver

Attention To Detail

Big Y flag today

The flags originally came down to half staff for a damn good reason, honoring Marine Captain Richard W. Vincent on the day he was buried in his home city of Westfield after laying hidden where he fell on the island of Tarawa over 70 years ago.

 Post Office on University Drive (next door to Big Y) today

So I feel a little guilty pointing this out, but the Governor's half staff order was only supposed to be from "sunrise to sunset Thursday, July 2."

Post Office town center today

Having the flags down at half staff on July 4th (which of course all of these were) kind of sends the wrong message.  Like flying the flag upside down.

And the longer you fly them at that somber position of mourning, the more average people will start to tune out the real meaning.  That too is sad.

 UMass Amherst, the flagship of higher education

Update:  One of my more sagacious readers pointed out the flags are down for State Senator Thomas Kennedy, ordered so back on June 29 by the Governor  "until interment," which apparently is tomorrow.    

Of course now I wonder how the Governor ordered the flags down to half-staff on July 2 for Captain Vincent when they were in fact already down for State Senator Kennedy. 

Happy BDay America!

Amherst Town Center 7:15 AM

South Amherst Town Common 9:45 AM

 And they're off!  For a few leisurely laps around the common:

Entering the 1st turn

Abe Lincoln (and his dog) came a calling

The rains stopped just minutes before the 5:00 PM start time of Leisure Services and Supplemental Education July 4th extravaganza at UMass McGuirk Stadium. 

McGuirk Stadium 6:00 PM

McGuirk Stadium 7:30 PM 

And of course FIREWORKS!

Umass McGuirk Stadium 9:30 PM

Smokey haze envelopes McGuirk Stadium 10:10 PM

Post event traffic was a nightmare: