Conservation Now

Atkins Reservoir is down 4 feet

UPDATE:  The Select Board voted unanimously to give the Town Manager authority to implement mandatory water restrictions should the drought worsen before they meet again on August 29.

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The Amherst Select Board, acting as the town's Water Commissioners, will consider stepping up their game on Monday when it comes to water conservation in the dog days of August by making the current "voluntary" controls "mandatory".

 July rainfall is down 40% from the ten year average

One problem is the the day after they enacted the advisory ban it rained.  Not nearly enough precipitation to do much of anything other then create an impression that Mother Nature was suddenly on our side.

 Click to enlarge/read

As the DPW chief points out the "voluntary water restrictions have helped with only 7 of the last 16 days."

And with our #1 demographic -- college aged youth -- about to descend on our sleepy little town, it would be nice to ensure that when a faucet is turned the water still flows.

 Atkins Reservoir this morning

Consonance & Dissonance

 Today's Gazette (almost keeping up)

This morning's hometown newspaper front page says it all: The catastrophic implosion of Maria Geryk's 5.5 year reign as Superintendent of the venerable Amherst Regional Public Schools dominating above-and-below the fold with two dirty laundry stories on the right side, while the historic Olympic silver medal win of hometown boy and recent ARHS graduate Micheal Hixon shares the left side.

Maria Geryk before the fall


Click to enlarge/read

No mention of the $309K buyout coming out of the schools budget

Controversial Deal Requires DO OVER

Laura Kent (right) first elected to Amherst School Committee 3/29/16

Union 26 will have to try once again to settle the controversial matter of Superintendent Maria Geryk wishing to break her contract and collect $309,000. 

Last night the combined Committees voted 5-3 in favor of the deleterious deal but Union 26 did not have a quorum and therefor should not even have been called into session.

Union 26 will try again on Monday, August 15th, probably in a secured bunker.

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On Aug 10, 2016, at 4:14 PM, Larry Kelley <amherstac@aol.com> wrote:

Hey Laura,

Are you going to call another joint meeting of the RSC and Union 26 to redo the vote on Maria Geryk's separation agreement? 

I'm about to file an Open Meeting Law complaint with you over last night's meeting not having a quorum of Union 26 members, but will hold off if you are in the process of "doing over."

Larry


From: Laura Kent
To: Larry Kelley
Sent: Wed, Aug 10, 2016 5:01 pm
Subject: Re: Last night's boo boo

Hey Larry,

Thanks for the email before doing that. I really appreciate it-  I talked to the Attorney Generals office this afternoon.  It is an honest mistake, I thought with Tara Luce recusing herself the body would sit at 5 and three of us present (4 voting).  The members of the Union are as follows: Tara Luce (Pelham Chair), Darius Modestow (Pelham Vice/ Union #26 Chair), Trevor Baptiste (Pelham Secretary), Katherine Appy (Amherst Chair), Phoebe Hazzard (Amherst Vice) and myself (Amherst Secretary)- 6 total.

There is a "rule of necessity" where Tara could have removed her recusal to meet quorum but I was unaware of that (from Ethics/Conflict of Interest law). I also have not heard or had any communication with her during this whole matter.

Darius is scheduling a meeting of the Union Monday morning and I will be having a Regional School Committee meeting on Wednesday at 6.  I am finalizing the RSC agenda right now and will get that off soon.  The votes of the RSC (quorum present) would be 4-3 from last night.

Thanks also for coming last night and staying post executive session, I know it was another long one.  If you have any other questions, please let me know.

Laura

Do Over!!!

Only two members of Union 26 were present last night

Last night was supposed to be a joint meeting of the Amherst Pelham Regional School Committee and Union 26, so with 100% attendance it would include 12 individuals.

But only seven bothered to show up for the Last Supper and another one -- Katherine Appy -- appeared via "remote participation" which means she does not count towards a quorum.

Since six of the seven were Regional School Committee members that constitutes a quorum for that body.

But Union 26 was not even close to a quorum (only 2 of 6).  According to Debbie Westmoreland, assistant to the (now dethroned) Superintendent:

"Union 26 is made up of the three officers (chair, vice-chair and secretary) from the Amherst and Pelham School Committees, so it is currently Tara Luce, Darius Modestow and Trevor Baptiste for Pelham and Katherine Appy, Rick Hood and Phoebe Hazzard for Amherst." 

While Rick Hood was in the room he is no longer a member of the Amherst School Committee so therefor cannot be a member of Union 26.  Katherine Appy was using "remote participation" which state law says you do not count towards the quorum and Phoebe Hazzard and Tara Luce were MIA.

This HUGE oversight certainly demonstrates how the School Committees were distracted by their  headlong rush to judgement.

   Maria Geryk ARPS Superintendent contract by Larry Kelley on Scribd

Note her contract is signed by Union 26 and Regional SC Chairs

The Other Shoe Drops

Aisha & Raheli Hiza:  Banned in Pelham

UPDATE:  The RSC voted 5-3 to give Maria Geryk a $310K buyout.  Ouch!

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Before our embattled, diffident Regional School Committee rubber stamps Maria Geryk's $300K platinum parachute they may want to consider another major lawsuit in the making.

Yes, Ms. Hiza has made it perfectly clear she's not interested in money, only justice.

But she will most certainly be appalled at a $300K payout to Geryk, when in fact it was the impetuous implementation of an unjust stay away order that led to her current downfall.

But if the RSC insists on rewarding that bad behavior, Ms. Hiza will most certainly reset her goals to an equal payout for the significant emotional damages inflicted on her and -- most especially -- her daughter.

The old, "Damned if you do and damned if you don't".  So why not do what's right?

   Aisha Hiza Lawsuit in the Making

School Committee Final Fiasco?

Regional School Committee 6/14, minutes before ousting Trevor Baptiste as Chair

UPDATE:  RSC voted 5-3 to give Maria Geryk a $310K buyout.  Ouch!

For the 4th consecutive time the Amherst Pelham Regional School Committee will retreat into executive session later today to perhaps finalize the deal struck with Superintendent Maria Geryk over the past three secret sessions, however, as he did previously Trevor Baptiste will request the Committee NOT pull the curtains like a Romulan cloaking device.

Rookie Chair Laura Kent already made it perfectly clear in a "confidential" memo illicitly leaked by the Daily Hampshire Gazette that she wants an immediate up or down vote on the offer -- which Sean Mangano, Director of Finance, estimates at between $280,000 to $300,000.

 Click to enlarge/read

Since the vote to confirm that duplicitous deal has to be made in public why not stay in open session and rip off the band-aid like a man? (Or woman as the case may be).

Mr. Baptiste is also concerned there has been no discussion of what a major impact that large settlement amount will do to day-to-day operations of the schools.

Not to mention the loss of an all powerful Superintendent at this critical time, with the Select Board just having approved placing a $33 million Override question for the Amherst Schools on the November 8th ballot.

The RSC can vote to approve the 1.5 year buyout, reduce the offer to one year, or simply fire the Superintendent for insubordination.

As Yogi once said, "It ain't over till it's over"

Alpine Commons Fire Update

Alpine Commons June 4th

Alpine Commons today

While an exact cause for the devastating fire that ripped through an 8-unit apartment complex at Alpine Commons on Saturday afternoon June 4th has not yet been determined, AFD Chief Tim Nelson said they have narrowed down the ignition point to the upstairs apartment on the west end.

Which explains why the fire quickly entered the attic, where it had an unobstructed route all the way to the eastern side of the building.

Both Chief Nelson and Building Commissioner Rob Morra agree the building is still salvageable but two months later nothing has been done besides erecting a protective fencing around the burned out hulk.

If the owners simply demolish it and start over or if the renovation exceeds 50% of the floor area -- and Mr. Morra suspects it will -- then sprinklers will be required by current building codes.

And considering the staffing levels at beleaguered AFD, sprinklers can be a lifesaver.

 The Fisher Hospice House fire 7/22, without sprinklers, could have been a disaster 

Fatal Bus Crash: Sad Update

Tragic accident occurred a little after 5:00 PM in the heart of Amherst center

The District Attorney's office is referring all questions to the Amherst Police Department concerning the fatal crash in Amherst town center last week that took the life of Andrienne Paquette from Chicopee, who was only 22.

 Adrienne Paquette

According to Chief Livingstone his department is awaiting the Medical Examiner's office final report but at this point, "it appears to have been a medical issue."

Meanwhile, a friend of the family has started a GoFundMe campaign to help raise money towards the most unthinkable thing loving parents never in their wildest nightmares contemplate:  a funeral for their precious daughter. 

Just over half way there

Construction Overview (Way Over)

UMass towers over the town

Can you tell Amherst is a "college town"?

Almost all the new growth happening now is from our institutes of higher education, and one of the reasons cited for the unusually high water consumption during July was construction projects using the public water supply to wet down work areas in order to keep the dust from flying.

But I still love the new Design Building, a signature structure along the gateway road (North Pleasant Street) into the heart of  UMass.

 Design Building (Note drone training area in center)

Physical Sciences Building (Also on North Pleasant Street)

Another Solar Canopy going over Lot 44

Roof of Fine Arts Center being prepped for solar panels

Isenberg School of Management expansion looks like it will nuke three majestic Pin Oak trees

Amherst Collge Greenway Dorms (left) look done but Science Center just started

Hitchcock Center Living Building on Hampshire College campus

Olympia Place a privately owned (tax paying) dorm near UMass is now open

Former First National Bank building being renovated for Workbar, which should stimulate town center

Drone Revolution Indeed!

Patriotic drone over Springfield Technical Community College

300 feet over Mt. Sugarloaf summit

I was one of about 35 participants in an all-day educational seminar at the nifty new UMass Center, a  satellite campus of our flagship University located at Tower Square in the heart of Springfield on Thursday.

'Twas an interesting demographic mix of DPW Directors, academics, civil engineers, consultants,  agricultural folks, and a couple of Northampton police officers, although I was the only journalist.

And I came away higher than ever on the future of drones doing amazing things for our economy, agriculture and public safety.

The new FAA rules (Part 107) creating a Pilots Certificate for commercial use of a small unmanned aircraft -- aka drone -- go into effect August 29 and as one of the presenters pointed out, "We are the pioneers, similar to where the aviation industry was in the 1920s."

Previously to use a drone commercially you had to have a pilots license, so the new rules will open things up for the average person who could use an eye in the sky.  Especially Public Safety Departments who could use them to save lives.

 Alpine Commons fire June 4

I mentioned how Birdie assisted Chief Nelson at the Alpine Commons fire on June 4th, giving him a clear enough view of the roof to know it was no longer safe for his firefighters to be in the building.

 Pelham brush fire July 24

And again a few weeks ago at the Pelham brush fire where aerial photos over three days showed the location, size, and how effective firefighter efforts had been over the three day battle.

The presenters pointed out the importance of public education to dispel some of the bad press drones have received, mainly due to irresponsible use that gives everyone a bad name.

Amherst's drone ban came up but I was quick to point out it was only an "advisory" article that cannot be enforced.  Besides, Amherst Town Meeting is now on death row so they have bigger things to worry about.

Cities, towns or states can attempt to pass binding legislation (bylaws) but the FAA has control of airspace from just above grass to the heavens.  Although drones are still limited to 400 feet of altitude.

American airspace hosts 90,000 flights per day with a mix of military, cargo and commercial aircraft.  Already the number of registered drones outnumbers licensed pilots nationwide.

And soon enough some of those aficionados will be trained certified professionals.

Class demo by David Price using Phantom 3

The End Is Near

Maria Geryk is probably out as ARPS Superintendent

So yes, I've been sitting on this memo for a few hours and had no plans to publish it until Tuesday because I try not to negatively influence a story when acting as a reporter -- as opposed to a columnist.

But since the Gazette decided to go with it, thus endangering a source for illegally breaching the sanctity of an executive session, I guess I can, reluctantly, publish it:

 Click to enlarge/read

Terms are 1.5 years of pay (@$158K per year), but will probably also include unused sick days, personal days, etc, so the final price will be over $250,000.

Of course now the interesting thing is with this being splashed on the front page of the Gazette -- above the fold no less -- prior to the deal being done, Regional School Committee members could come under pressure from constituents who think the buyout is too high.

Or Maria Geryk could hear from friends or other professionals that the 1.5 year offer is too low; so either side could change their mind.

Wouldn't be the first time the Gazette was wrong.

No More Free Ride

Amity Street lot is across the street from Jones Library

Or maybe I should say "free park," as the pay machine was just installed at the most popular municipal parking lot in town center, which reopened July 11th after a complete renovation.

Yesterday afternoon

Good thing of course since Amherst needs all the parking it can get and I'm sure shoppers appreciated the free parking over the past three weeks.

Although the town Transportation Fund not so much, since the Amity Street lot generates $150/day in revenues.

Fatal Accident Town Center

Car vs Peter Pan bus Amherst town center

Regrettably the driver of the car, Adrienne Paquette age 22, that crashed head on into a Peter Pan bus that was legally parked at the bus stop yesterday a little after 5:00 PM has died.

She was transported from the scene by Amherst Fire Department (with three aboard) to Baystate Medical Center in Springfield the closest hospital with a Level 1 Trauma Center.

The accident is still under investigation by Amherst Police Department and the Northwestern District Attorney's office.

 Bus air brakes had locked up as a result of impact causing problems for tow truck driver

Brown, Green & Red (Ink That Is)

Town took course by eminent domain in 1987 for $2.2 million  (twice that in today's $)

The municipally owned Cherry Hill Golf Course continues to do what it does best:  squander taxpayer money.  In FY2016, which just ended on June 30, a hefty six digit number or $106,725 to be exact.

FY16 total intake was $210,199.72

Money that could be better spent hiring a few more pubic safety personnel, teachers, DPW workers or simply stashed in a capital savings account for the four major building projects coming up that will cost over $100 million in town money.

Two years ago Town Manager John Musante admitted to the Select Board in a memo,  "This ongoing evaluation will likely include revisiting the cost-benefits of privatizing operations of the Cherry Hill Golf Course."

Unfortunately Mr. Musante died before that could happen and the town's top executive position has been somewhat in flux ever since.

Two years ago (FY14) the beleaguered golf business lost $103,964 and last year (FY15) $86,543.

And based on that catastrophic consistency it was pretty easy for me to predict this year's loss of $100K.

Makes you wonder how closely the ailing operations are scrutinized in advance by the Town Manager, Finance Committee, or clueless Town Meeting.

Secret Sessions Continue

All 12 members appeared for the meeting but 2 of them used "remote participation"

Despite the Open Meeting Law complaint filed against them the night before and over the objection of former Chair Trevor Baptiste the Amherst Pelham Regional School Committee, after 11 minutes of bickering, retreated into execution session for 2.75 hours, calling it a night at 9:00 PM.

This was the third consecutive session (not counting the two that were cancelled at the last minute) the Committee has used the provision of the Open Meeting Law that allows for secret sessions.



Since contract negotiations with Superintendent Maria Geryk -- who still has two years left on her current contract -- was the only issue cited on the agenda the Committee could not discuss her long delayed evaluation, the Open Meeting Law complaint filed against them on Sunday evening or the price of pot in Colorado.

The RSC will meet again on August 9th in open session to, finally, finish up the evaluation of Superintendent Geryk and then retreat back into secret session to discuss the Open Meeting Law complaint.

Yeah, irony.

Take What You Can Get

Cable Advisory Committee (rt), Pete Hechenbleikner (top ctr) Jim Lescault (left ctr)

UPDATE:  Select Board decided to hold off on making any decision about the Comcast renewal until they are at full strength (only 3 of 5 members present this evening).

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In his final day as Temporary Town Manager Pete Hechenbleikner made it perfectly clear to the Cable Advisory Committee and Amherst Media Director Jim Lescault that he was going to recommend the Amherst Select Board accept and sign the ten year cable renewal contract with Comcast.

The CAC met this morning with Hochenbleikner to discuss and vote on a recommendation to the Select Board and after an hour and a half of discussion decided to take no vote but declared a "consensus" that the offer of one time capital payment of $950,000 was too low.

The Committee was concerned about taking a formal vote when two of their most experienced members were absent.

The previous 2006 contract generated only $450,000 for capital and Mr. Hochenbleikner stated this current offer of $950,000 was the highest in the state for municipalities of comparable size (Northampton, for instance, was paid $750,000).

The town will get to continue using the iNet infrastructure at no extra charge for three more years and then can build their own or renegotiate with Comcast for its continued usage.  A new (better) system will cost about $250,000.

Comcast will continue to pay 5% -- the standard amount -- cut of cable TV revenues to the town (about $300,000 annually), which is then turned over to Amherst Media to provide for their programming on three channels, called "PEG Access."

Click to enlarge/read

 To be presented at tonight's Select Board meeting