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.

Sunday Over Amherst

Sunday morning looking west (shot from Dickinson Homestead)

 Sunday afternoon (3:30) north end of town looking north (shot from West Cemetery)

Sunday evening (6:45) looking east (shot from Amherst History Museum) note fuller parking lots

Charity Begins At Home?

Craig's Doors seasonal Homeless Shelter @ First Baptist Church recently added new trailer in back to serve dinners

Over the past four decades, up until 2009, Amherst has probably donated over 2 million in tax dollars to privately run charitable organizations performing valuable social work with the less fortunate citizens in town -- low income residents, the homeless, hungry, cold,  etc.

The town redirected Social Service spending to come out of Community Development Block Grant Funding back in 2009.  Since that grant is Federal money, the state anti-aid agreement would not apply.

But Amherst did briefly lose its CDBG eligibility last year (for FY15) and Vince O'Connor convinced Town Meeting to once again use regular General Fund tax money ($125,000) to fund the agencies.

Amherst is, to the best of my knowledge, the only municipality in Massachusetts to spend public money on private non-profit charitable agencies.  Which of course makes Amherst a "good guy" (or gal).

But is it legal?

Apparently a few people in town think not, and as a result Finance Director Sandy Pooler asked Town Council to look into it.

   Amherst Charity Spending Illegal?

I asked Sandy if it turns out the naysayers are correct and we should not have been donating the money all these years would the town be forced to ask those agencies to return the funds?

Said Sandy:  "That is a good question. I don't know the answer to that.  If the lawyers come back with an opinion that we have violated the anti-aid amendment, we will get to that."

Although he does close on a reassuring note:  "I do not think there is a violation, but we will see."

Don't Bank On It

Former First National Bank building Amity Street, now former TD Bank location

TD Bank has given up their long-time prime location in the heart of downtown Amherst, consolidating with their much smaller branch bank on Triangle Street less than a mile away.

 Sign on front door (Bank of America across the street in reflection)

Of course Bank of American is directly across the street in their hard to miss building, and Peoples Bank is a roll of quarters throw away down Amity Street so town center is not going to necessarily suffer from a lack of banks.

But it's still not a great sign.

The building is owned by downtown developer and all around icon Barry Roberts, aka EV Realty Trust, so chances are it will not stay vacant for long.  Barry helped stimulate the revitalization of downtown by buying and renovating the former First National Bank back in 1996.

A few years (1993) earlier Roberts purchased the former College Drug store across the street after it was heavily damaged by fire.  The building was an eyesore for years because nobody wanted to deal with installing an elevator as required by building code as part of any renovation.

One of the first businesses to open in the renovated First National Bank building was Amherst Brewing Company who had great success for 15 years.   They then relocated to University Drive in a building that was originally the new home for Louis Foods Supermarket, who also abandoned their prime downtown location (now a CVS).

Amherst Brewing Company was recently taken over by Harold Tramazzo who 15 years ago founded Hanger Pub and Grill on University Drive across the street from ABC.

Before ABC had even opened in that new University Drive location Barry Roberts rerented the downtown location to the current successful High Horse Brewery & Bistro.

 TD Bank Triangle Street location, right next to Northampton Cooperative Bank

So downtown is the place to be.  Although Triangle Street, where the other TD Branch Bank is located, is still considered that place where you can always go ... downtown.

Meanwhile, another downtown small business is vacating their prime location at 35 South Pleasant Street.  Art Alive opened just two years ago, after another short lived business, 35 South Cycle (an aerobic spin class operation) failed to attract enough customers.

Art Alive (Dead as of September 1st)

Look Up In The Sky!

Phantom 2 Vision Plus at 200 feet

So for those of you who say you would shoot down a drone (but not a Galaxy C5 or hot air balloon hopefully) flying over your house at an altitude of 200 feet, please take note. THAT's what a drone looks like at an altitude of 200 feet.

And yes, it's flying over MY property, but it took me a while to find it in the viewfinder to get that photo. And here's what a person looks like from that same 200 feet of altitude:

 Where's Waldo?  Circled in red

And yes that's me, but from 200 feet it could just as well be one of my daughters. Or the ghost of my deceased Mother.

According to Federal Law:

Whoever willfully…sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce…shall be fined under this title or imprisoned not more than twenty years or both.

Note the term "ANY AIRCRAFT."  The FAA has "jurisdiction" in this matter, not the town of Amherst, a city or state. Just that simple.

Yes, if a drone is hovering 10 feet over your property and you have young daughters sunbathing in the back yard, by all means call the local police.

But do not shoot it down!

This is what a drone sounds like at 10 feet altitude.  Yeah, not overly stealthy 

Fox News agrees

Turnabout Fair Parking Play

Bank of America downtown Amherst

In all likelihood the Planning Board will bring to Town Meeting this fall a zoning article allowing downtown businesses to lease out their parking lots as a sort of stand alone business using only a simple Site Plan Review process.

Now, without such a change, that would require a Special Permit, which needs a unanimous vote of the Zoning Board of Appeals.

Currently Amherst downtown has more private spaces (57% of total) than public so a more efficient use of those surface parking lots can be a benefit to both private businesses and consumers.

 BOA parking lot (right) Amity Street lot (top left)

But another concrete idea in the recently issued final draft of the Downtown Parking Report suggests either purchasing outright or entering a cooperative agreement with Bank of America.   Their 47 space lot is located behind Amherst Cinema adjacent to the town's most popular Amity Street Lot. 

 BOA building stands out just a tad from surrounding architecture

Since town officials have never really forgiven Bank of America for the design of their building (constructed by Amherst Savings Bank in 1984) dead in the center of town.  So universally panned, The Design Review Board was created in response to the building, to prevent a repeat occurrence.

So it would be kind of fitting for them to now come around and do the town -- and consumers -- a favor.

Click to enlarge/read

Downtown Parking Report (final draft) "Action Item."

They Will Come

Atkins North Grand Opening 9/12

When you have an exceedingly tight housing market and a pitifully small commercial tax base (under 10%) the old saying,  "If you build it ..." easily applies.

 Presidential Apartments, North Amherst on schedule for September 1st move in

But when you're a "college town" the window of opportunity -- even is you are not directly targeting college aged youth -- is open wide until early August.  After that everyone is settled in for the year.

 Amherst Office Park mixed use addition on schedule for September 1st opening

Kendrick Place seemingly on schedule for September 1st opening

Amherst College Greenway Dorm project opening September, 2016

Olympia Place private dorms opening September, 2016

Public Documents Snafu

There is no standard playbook for redacting documents

When it comes to Public Documents Law (Massachusetts version of the Freedom Of Information Act) I'm a "strict constructionist."

In other words -- like the Attorney General -- I consider almost anything put in writing by a town employee, elected official or appointed committee member to be a public document.

Trick is to know what to ask for and who to ask.

On July 15, based on inside information, I requested "Any emails over the past 10 days sent between Regional School Committee members or directed at ARPS administrators discussing the release of
settlement documents in the Carolyn Gardner affair."

On July 27 I received a single file that contained seven emails that fit the description.  One of the emails was Superintendent Geryk complaining about my already publishing one of her emails to a Regional School Committee member (who was NOT my source).

I of course instantly published the material, floating the document on Scribd, which makes it easier for readers and gives me a total number of views.

The next day I was informed that the documents sent to me had been redacted but did not show up as redacted on my upload.  Turns out it was a computer snafu between a windows file and my Mac.

By that time the document already had over 1,200 views and any one of those people could have downloaded it to their computer with a single click.  Since my friends in the bricks and mortar media seem to follow me pretty closely, I assumed that had already happened.

So NO, the schools never formally requested I take down the document and replace it with the corrected one (sent the second time as a PDF).  But it does bring up interesting questions.

What if I had used technology to undue their redactions and then willfully published it?

Interestingly if public officials ignore public documents requests you take it to the Public Records Division of the Secretary of State's office and they send a threatening letter to the public officials.

But since the Public Records Division has no enforcement powers said officials can continue to ignore you.

When viewing exactly what was redacted it becomes clear the main thing the Schools want kept secret is they like to keep things secret. As in using a "confidentiality statement," which time and time again has been proven NOT valid for settlements involving taxpayer money.

Like the tragic Phoebe Prince case for instance.

   Amherst Public Records Snafu

Redacted portions below

 Click to enlarge/read

Ms. Gardner and her attorneys specifically wanted this agreement to go public, but now I hear they're complaining about too much transparency via these public documents disclosures.

Could it be they expected a far different reaction from the general public when the terms of the agreement first became public?

You would think a prestigious legal firm would know taxpayers are never thrilled about financing large settlements like $180,000 -- especially when they take a one-third cut.

Of course it could have been far worse, as the original demand was for $500,000.  So at least the Schools got them down 64%.

And of course if that $500K figure attains mainstream circulation it kind of takes the legal dream team down a notch or two.

Simply put, the general public has a right to know how their money was spent.  And why.

Information is intimately connected to free speech:  The more of it the better.  If you don't like it, then redact me.

Recreational Alliance

 

Community Field (rt), War Memorial Pool (ctr) High School Field (left)

The Amherst Center Recreation Working Group looks like it is finally getting off the drawing board as members will be announced before the end of August with a kick off meeting to take place in September.

Since the group will be looking at both town and school owned property, it's fitting that the first meeting will occur in September when our education oriented town springs back into life after an all too brief summer hiatus.

Town Manager John Musante originally announced the study committee back in December, 2014 although the Leisure Services & Supplemental Education (Rec Dept) Commission originally complained back in 2010 about the embarrassing conditions at Community Field.

 Field named after "Mr. Baseball" Stan Ziomek, father of Assistant Town Manager Dave Ziomek

Then Town Manager Larry Shaffer first floated the idea of a spray park to replace the ailing War Memorial Wading Pool, since demolished by the DPW.   Currently the town is considering Groff Park (not part of the Working Group's study area) as a possible location for a spray park.

 Former site of the War Memorial Wading Pool

The adjacent "big pool", built 1960, was renovated in 2012 via a $200K state grant but the surrounding children's play area has not been updated since President Kennedy was in the White House.

At the Select Board meeting Monday night member Doug Slaughter, who is also a school employee, volunteered to be "liaison" to the new study group.   Director of Facilities (for both the town and schools) Ron Bohonowicz is also expected to be a member.

SB Chair Alisa Brewer strongly suggested Slaughter should be more than just a liaison, aka he should be a voting member of the group.  The Town Manager makes the appointments but they must be approved by the Select Board so it's a safe bet he will take that suggestion.

 Wildwood School (below), Middle School (left), Hawthorn property (top right) High School field (top left corner)

Never Mind

Lincoln Avenue and Amity Street intersection (120' no parking on either side of Lincoln Ave.)

The Amherst Select Board backed way way off the original plan presented to them at their last meeting (6/15) which made both sides of the entire length of Lincoln Avenue a "No Parking" or "Tow Zone."

Instead the SB voted unanimously last night to restrict parking 30 feet on both sides of Gaylord Street, 30 feet south of Elm Street on the west side of Lincoln, 30 feet south of McClellan on the east side of Lincoln and 120 feet on both sides of Lincoln from the two major intersections, Amity Street and Northampton Road aka Route 9.

Original Plan

Select Board member Connie Kruger was concerned about signage and striping to indicate where the new regulations apply.  At their 8/31 meeting town staff will show the Select Board the new signs if they are installed by then, otherwise a GIS map showing where they will go and an illustration of what they look like.

 Lincoln Avenue is currently the next street over from where the Town Center Parking District ends.

According to the new Downtown Parking Report (delivered to the Select Board last night): "Existing and expanded business activity in this area and its close proximity to downtown make expansion of permit parking into this area (Lincoln Avenue) worth considering."

Town Building Report

24,000 sq ft Wastewater Treatment Plant built 1923, value $13 million

Last night the Amherst Select Board, after many years of asking, finally received a 65 page draft inventory report of all the buildings owned by the town.

Put together by Director of Facilities and Maintenance Ron Bohonowicz, the inventory catalogs when the building was constructed, recent renovations, total square footage, estimated value and  a recommendation for future use.

   Amherst Town Building Inventory

One measurement that stimulated the most discussion was the "Mission Dependency Index," or how important/critical is a building to the town.  Obviously Police and Fire scored high with 100 and 99 respectively (out of 100).

So did anything to do with water.  And anyone who has ever watched Survivor knows water is your first priority.

22,480 sq ft Town Hall built 1889, value $6.5 million

But the Jones Library only measured a 50 and that left a bad taste in the mouths of our bookish Select Board.  So they voted to have Mr. Bohonowicz scratch that measurement.

And the Select Board did show some concern that perhaps Mr. Bohonowicz crossed over into "policy" with some of his comments.

For instance he mentions the worst kept secret in town that if the current DPW building is abandoned for a new facility it would make a great location for the (too) L-O-N-G talked about new Fire Station.

Or under Recreation he states the Walmart quality Cherry Hill Golf Course Clubhouse, "Should be eliminated if there was to be any type of major renovation."  At the Select Board meeting last night he called it "disposable."  (Kind of like the golf course itself).

 5,600 sq ft War Memorial Pool built 1960, value $243,000 (surrounding play area not so much)

The report is considered a "living document" and will be amended and upgraded over the years.

School Payouts: A Little Sunshine

Amherst Regional High School (Amherst, Pelham, Leverett, Shutesbury)

Emails between School officials and the Regional School Committee clearly show Carolyn Gardner wanted the $180,000 MCAD lawsuit settlement to become public.

In fact the settlement would not have been reached without the Schools issuing a press release fully disclosing all aspects of the agreement.

Ironically School Superintendent Maria Geryk takes the School Committee to task for a security breach where I published an email she had sent to Vira Douangmany (copied to the entire Regional School Committee) on this now rather PUBLIC matter.

Damn bloggers!

   Carolyn Gardner incident Emails by Larry Kelley

March 31 memo outlining $821,668 school settlement payouts in just the past 4 years

Downtown Parking Final Report

Plenty of parking on a summer Sunday early morning

The three Downtown Parking Forums held over the past year have been summarized in a comprehensive Downtown Parking Report by senior planner Jeff Bagg.   The Amherst Planning Board received a copy on Friday and it will be presented tonight at the Amherst Select Board meeting by John Musante during his packed "Town Manager's Report."

Simply put the 68 page document highly recommends two things:  start the process for ascertaining the need and feasibility of constructing a new downtown parking structure; and come up with strategies and regulations for more efficient use of current parking -- both public and private.

The downtown now has a total of 2,019 parking spaces but 1,159 of them, a whopping 57%, are private.  If the town could strike a deal with private landowners it would increase utilization rates of parking overall, and with the town taking over maintenance and enforcement duties on those parking spots private owners would have one less thing to worry about.

   Amherst Downtown Parking Report

Yes, a 2008 study by the Pioneer Valley Planning Commission decreed, "current parking supply in the downtown area sufficiently meets the current parking demand."  Since that study seven years ago the Amherst Cinema has become a downtown anchor, new restaurants have opened and the Jones Library (our other downtown anchor) may double in size.

And that study did find that some highly desirable downtown public parking locations "meet or exceed 100% utilization."

More important the number of residential units in the downtown will grow 36%, from the current 330 units to 550, when Kendrick Place and One East Pleasant Street five-story, mixed-use developments come on line.

Kendrick Place opening soon with 36 units housing 104 tenants

The Parking Report does suggest that perhaps the Planning Board and Select Board should consider tweaking the Municipal Parking District which currently exempts mixed-use buildings from a parking requirement.

While the town needs to do another updated parking study this Parking Final Report recommends laying the groundwork for a new parking facility and increasing overall efficiency of the current parking system should start immediately.

In fact, by virtue of this comprehensive report, it already has.

The 5 member Select Board as "keepers of the public way" have final say over simple parking tweaks, but Town Meeting controls the purse strings.

Any expenditures to enhance the downtown requires Town Meeting approval.  More ominously, any zoning change would require a two-thirds majority vote of Town Meeting.  And the current preferred location for a parking structure (behind CVS) does require a zoning change.

CVS & town parking lot next door

Death By Delay?

Carriage Shops:  future home of One East Pleasant Street

Basic rule of last resort in the NIMBY handbook:  When all else fails file a lawsuit.

Last week Hampshire Superior Court Judge Richard Carey heard a "Motion For Summary Judgement" in the case brought against Archipelago Investments and the Amherst Planning Board.

If the Judge supports the motion filed by the town and the developer, construction on One East Pleasant Street can commence.

Joel Greenbaum, a local property manager with 27 properties in town containing a total of 212 bedrooms filed the suit as an abutter claiming  One East Pleasant Street, with 80 units of housing providing 180 new beds, will cause him unique injury.

Greenbaum asserts that because One East Pleasant Street only provides 36 parking spaces for 180 tenants parking for his nearby units will be negatively impacted.  But the simple counter to that is parking is a general complaint that impacts the entire downtown, thus Mr. Greenbaum is not suffering any unique harm.

Town Attorney Joel Bard told the Judge parking is a policy issue, not a legal concern.

The more specific complaint that one of his properties would suffer harm via a shadow cast by the five story project was shown to be false as part of the "discovery process."

Archipelago's attorney Mark Bobrowski countered the complaint that One East Pleasant Street was a dormitory (not allowed in the downtown district) by pointing out all the units would be leased as apartments and not by the bed.  

Of course the genuine concern for Mr. Greenbaum is that One East Pleasant Street will provide brand new high-end rental units to compete with his tired older offerings.  But land use law does not consider economic injury brought on by all-American competition to be grounds for "special injury."

Even in the unlikely event the Judge turns down the Motion For Summary Judgement and then goes on to rule in favor of Mr. Greenbaum's lawsuit, all it does is neutralize the two Special Permits granted by the Planning Board allowing extra height and lot coverage.

Archipelago would still have "by right" the authority to build a five-story, mixed-use building on that site they already invested $4.6 million acquiring.  And I'm guessing they would.

Bring on the shadow.  

1 East Pleasant, Amherst by Larry Kelley

Drunk Driving: 4th Time The Charm?

Richard Sherwood (left) stands before Judge John Payne

At a revocation of bail hearing on Thursday morning Assistant District Attorney Andy Covington told Judge John Payne that Richard Sherwood, age 30, had violated the terms of his release by consuming alcohol.

A Sobrietor test the night before (9:01 PM) indicated the presence of alcohol, with a .031 reading.  Four minutes later a follow up test confirmed it with a reading of .029.

As per protocol a fax automatically went out to the Easthampton Police Department and they came to Mr. Sherwood's apartment and arrested him.

Back at the police station he took the Breathalizer test and passed with flying colors, as in a 0.0 reading.

But ADA Covington pointed out to Judge Payne that the breath test at police headquarters occurred at 10:47 PM, one hour and 46 minutes after the Sobrietor test, and with the normal elimination of alcohol from the bloodstream a zero reading would be expected.

Covington also pointed out to Judge Payne that Mr. Sherwood was most recently arrested in Amherst back in May with a very high breath test (.20), but do to an oversight APD only charged him with 3rd offense DUI, and in fact it was later amended to 4th offense DUI.

And had the state been aware back in May of that fact the Commonwealth would have moved for a 58A dangerousness hearing requesting Mr. Sherwood be kept in confinement until his trial.

Covington also told the Judge the State would be moving next week for a Grand Jury Indictment against Mr. Sherwood, which would then bump this drunk driving case up to Hampshire Superior Court.

Mr. Sherwood's defense attorney pointed out a Sobrietor, like a Portable Breath Test used by police in the field, is not admissible in court as stand alone evidence.  And the test that is admissible (the machines used at police headquarters) showed his client to be at zero for alcohol.

Sherwood's fiance was in the courtroom and would testify that she was with him that night and he did not have a drink.  In addition, earlier in the day of the Sobrietor test Sherwood had used a flea/tick bomb purchased at Dave's Soda and Pet Food City in his apartment which had trace amounts of alcohol in it.

Therefor the Sobrietor results were simply a "false positive."

Judge Payne asked when was Mr. Sherwood's trial date?   "September 2nd your honor," replied Covington.

"Motion to rescind denied," said the Judge.  Richard Sherwood was released (with the original $5,000 bail still in effect), until his September 2nd court appearance.

Home Again

Engine 2 this morning at North Station (because she doesn't fit into Central Station)

Engine 2, "the quint", is back at North Station after a couple weeks hiatus for repairs.  The quint is one of two aerial trucks in the AFD arsenal.

Ladder 1 is a traditional heavy duty aerial truck with a 102' ladder while Engine 2 is a lighter version with a 75' motorized ladder.

The quint is essentially a hybrid of an engine and a pumper and gets its nickname because of the five basic functions it serves:  firepump, an on-board water tank, hose storage, an aerial/elevated platform with water gun at the top, and a bevy of ground ladders.

Engine 2 seats 6 (although probably has never hit that limit) and carries 500 gallons of water.  Thus the 2,000 gallons per minute pump could drain the on-board water supply in 15 seconds.

 Engine 2 has a 75' aerial ladder

AFD's other (circa 1988) aerial platform truck, Ladder 1, is currently out of action for yearly maintenance and repairs/upgrades. 

 The quint on scene this morning for 2 car MVC.  Lexus rear-ended APD supervisor's vehicle

Drunk Driving Déjà Vu

Kathleen Brennan appears before Judge John Payne.  Again.

In Eastern Hampshire District Court yesterday Amherst resident Kathleen Brennan, age 50, appeared before Judge John Payne for the second time in less than a year for the serious charge of driving under the influence of alcohol.

Although technically, both times, she was not actually caught driving, but simply passed out at the wheel of her red Lexus. This time, however, the incident occurred in the middle of the week (Wednesday) at 5:30 PM, in the heart of a fairly densely populated family neighborhood (Amherst Woods).

   Amherst 2nd offense drunk driving

Back in December she approached me in the courtroom -- with her husband at her side -- requesting I not cover her plea deal.  Since becoming a self appointed court reporter two years ago that was the first time I had fielded such a request, although I get plenty after publication demanding removal.

Sometimes in not such a polite manner.

Brennan, with a well known Amherst DUI attorney at her side,  took a 24D disposition -- offered only to 1st time offenders.   Thus she lost her license for 45 days, paid $650 in fines/fees, attended a state run alcohol education program, and was placed on probation for one year (doesn't expire until this coming December).

She told Judge Payne she would be hiring the same attorney as before.   Judge Payne continued her case until August 20 but kept the $1,000 bail she posted in effect and made "random alcohol screening" another condition of release.

Yes in America everyone is innocent until proven guilty.  But the same could be said for Timothy McVeigh, up until he was proven guilty and executed by lethal injection; or Dzhokhar Tsarnaev who will rot in jail for the rest of his miserable life. 

Fountain Runs Dry

Cook Fountain, Sweetser Park this morning

Murphy's Law summer edition dictates your lawnmower or air conditioner will break down mid peak season.  Mr. Murphy's municipal version, now playing out in Amherst town center, translates to a pump failure -- for the second time in two years -- at the historic Sweetser Park Cook Fountain.

UPDATE Friday afternoon:  Acting Town Manager Dave Ziomek just called and said the fountain was a "top priority" for the DPW, as it is a "crown jewel" of the downtown, and it would be fixed "very soon."

Better days (last month)