What so proudly we hailed

The town remembered--having forgotten Patriots Day last month--to put up the flags this morning for Memorial Day, one of the six annual days the 29 commemorative flags are allowed to fly. This year, unlike last year, they will also be allowed to fly on 9/11, the tenth anniversary of the worst attack on American soil since the founding of our great nation.

Construction workers never need to be reminded to show respect for our flag

A very unfortunate "compromise"

A voice for the animals

Amherst Town Meeting closed out the warrant on Wednesday night with over a two-thirds vote to allow raising chickens and rabbits in residential neighborhoods (#33) and then quickly followed up by overwhelmingly passing Article #34, an 'Animal Welfare' bylaw to protect those animals.

On Monday night Amherst Town Meeting voted down back-to-back zoning articles that would have helped to prevent the construction of non-owner occupied, rental property prone to student overcrowding, and a bylaw preventing grassy lawns from serving as a parking lot.

Amherst Town Meeting seems to care more for chickens and rabbits than they do hard working human residents who have invested their life savings to buy their piece of the American dream: a home. With the endless amounts of work required to maintain it, plus the significant annual membership fee to the town in taxes.

Chickens and rabbits in a residential neighborhood will not bring down property values or threaten public safety; a run down slum of a party house most certainly will.

More problems for Chinese Charter School

In a 27-page report dated May 20, a state investigator for the Department of Children and Families found "reasonable cause" to support evidence for the allegation of neglect of an 9-year-old boy attending the Pioneer Valley Chinese Immersion Charter School in Hadley.

The incident took place on March 25 when a 9-year-old boy in the third grade claims he was being bullied in a bathroom and in order to escape, pushed another child.

The next day school officials implemented "an in-house suspension" by confining him to an extremely small room for the entire school day without benefit of recess or physical education class and without contacting the parents. The boy was also denied access to a school nurse when he reported feeling ill.

Traumatized by the incident; he currently receives in-home instruction (as mandated by state education law). The parents hope this official finding will send a stern enough message so that changes are enacted for the good of all children.
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Previous bad news for PVCICS click link

0 for 2 on anti slum legislation

Amherst Town Meeting tonight gave the new housing code enforcement officer (approved earlier in the budget) one less bylaw to enforce by turning down a zoning change requiring one half of a duplex to be owner occupied or if both units are rented, an on site manager. Article #28 failed to reach a two thirds majority: 81-49.

The follow up zoning article #29 "Residential Parking Requirement" to forbid the unsightly practice of parking cars on lawns by requiring all parking spaces be paved also failed to garner a two thirds majority: 78-42.

These zoning articles were hatched in response to continuous complaints from older established town neighborhoods where single family homes converted to student housing by private "entrepreneurs" can make life miserable when UMass is in session.

Earlier in the meeting the body voted unanimously to pass article #27, "Adoption of Stretch Energy Code," which increases by 20% the energy efficiency requirements set forth in the State Building Code for new construction making Amherst a 'Green Community' with better access to state grants to fund programs such as efficiency initiatives or renewable energy projects.

The meeting started with a standing moment of silence for Bill Field, former Moderator of 20 years, who passed away yesterday. A visibly shaken current Moderator Harrison Gregg cited Field as his inspiration.

Party House of the weekend

219 Amity Street

Yes, now that UMass graduation is done the party house pickings will be pretty slim. And the students who show enough initiative to attend summer classes are probably not of the party demographic that wreaks havoc 7 or 8 months out of the year.

But we do have a (rooming) house of bothersome note that was issued a warning by APD, owned by James Cherewatti of Eagle Crest Management where police are all too often called to babysit. This morning at 5:36 AM for instance, where five males were frolicking in a home made hot tube. Beer for breakfast anyone?

Now I think I know why town officials choose the house next door two years ago to enforce the town bylaw preventing more than four unrelated persons living together. It was not the residents at the 265 Amity Street location (all five young ladies were Mother Teresa types) it was more the owner of neighboring 219 Amity, James Cherewatti, the town was trying to send a stern message.

UPDATE (1:30 PM): Turns out I mixed up Amity with 219 E. Pleasant Street--another party house--in the background article from two years ago. Hard to keep them all straight.

While the weary editors were sleeping

Daily Hampshire Gazette and Springfield Republican editors awoke Sunday morning with collective egg on the face. A small nuclear bomb detonated next door and somehow they managed to sleep through it.

Let's hear it for the distant BIG city bricks-and-mortar institution who still knows how to break a fully fleshed out story, even though they had to rely on unnamed sources "familiar with the evaluation."

But when you are the iconic Boston Globe you can get away with quoting unnamed sources.

Of course now the fun game is to watch closely and see who will first catch up to this Front Page story (and whether they assign a reporter to get a different quote or two from their own sources) on their webpage, since the ink presses will not run again until Monday morning.



UPDATE: 9:10 AM My ultra reliable source at the Gazette just sent me a link showing they just updated their Gazettenet main page with a "breaking story" citing the Boston Globe. OK they win, but still come in second place overall. And in journalism second place might as well be last.

And it may very well have been a tie since my Facebook buddy Scott Coen did put up a blogpost on Masslive--the Springfield Republican website-- with the story at 9:15 AM. Okay, so now we just need to hear from Ch. 22 (Scott Coen also absolves his main employer WGGB Ch 40)

Now I'm told by another Facebook buddy--who works for the Republican--that indeed the Gazette won as he published Scott Coen's blog post around 9:30 AM, about 15 minutes after Mr Coen hit his publish button and a few minutes after the Gazette went cyber.

And he also pointed out that there is no embarrassment being scooped by the likes of the Boston Globe. The young lad has been working less than a year and he's already complacent. Yikes!

Well I guess not that complacent. He responds:


"1.) I work for MassLive.com, a sister company to The Republican.
2.) I didn't say there wasn't any "embarrassment," just that it wasn't an upset i.e. I would expect the Globe to get this story because it's not, per se, a local one. The Holub decision will likely be made in Boston, not Amherst.

Acknowledging the good work of competitors is hardly complacency. You can quote me on that."

And so I did.

APD Open House

My daughter Jada wanted to see where the police keep the "bad robbers"--especially the ones involved with a rash of Breaking & Entering that has plagued the community for almost a year. Even at age four she is savvy enough to remind me at night to lock the doors. Today's open house afforded us the perfect opportunity to tour the station. Unfortunately, the bad people were not handcuffed in a holding cell.

Toilets are practically indestructible

Hobart Hoedown Wagon

No horse patrol but we have (2) Harley's

The grass was greener

Let's hope the rain holds off today

A taste of Woodstock

Muddy Brook Farm giving pony rides

Saturday 6:00 PM

Let the Rapture begin

7:30 PM: Looking southeast

An even more expensive view

Kimball House

Wednesday night Amherst Town Meeting voted to place an Agricultural Preservation Restriction on land already owned by the town that was purchased for municipal use (an ill fated attempt to build an elementary school there failed--one of only a few times Amherst voters turned down the sacred schools) as the final moving part in a complicated deal hatched five years ago to preserve the view of privately owned Kimball House.

This was the fourth time Town Meeting deliberated the fate of this parcel as former School Committee member Vladimir Morales failed three times previously to get Amherst Town Meeting to designate the entire 66 acre parcel as "permanent conservation land."

The land was not locked into this protective designation because insiders wanted to keep options open to use it in the future as a possible "exchange" for municipal development on other land in town that borders conservation property.

Five years ago when Town Meeting missed the two-thirds vote required (96-60) Francesca Maltese, then Chair of the Conservation Commission, said prophetically "Even if no one can build on Wentworth Farm, to leverage this and take some of other piece of conservation land out of conservation is almost an ethical issue to deal with. We don't want to use Wentworth Farm to break the covenant on another piece.''

And that's exactly what just happened--except the covenant was broken for a private individual. As part of the deal to remove land from the state APR program so Roger Cherewatti could build his spacious abode behind the Kimball House rather than on it, the town had to pay the state $268,000 (half down the other half over five years) plus find 10 acres of land somewhere in town to replicate the APR land lost on North East Street. And time was just about up for finding that land, otherwise the town would pay the state another $100,000.

Mr. Cherewatti's other house (577 No East St): $2 million valuation

So if the town needs to build, say, a fire station in South Amherst that treads a tad too close to APR land (and Amherst has a LOT of APR land) Wentworth Farm is no longer available as a trade.

Ghostly view west: Smoke stack from UMass $9 million Paradis boiler plant

A town meeting member reminded the body that part of the deal five years ago was the property would be farmed, and he demanded to know if that part of the bargain was being kept. Sure enough. Last year the Cherewatti's received approval from the Department of Agriculture to construct a one acre irrigation pond (for crops) on the remaining APR land.

Mr. Cherewatti's view to the east

And I suppose it's easy to assume that Mr. Cherewatti got the best end of the deal. Either way, he was going to build his beautiful home; but now he has two of them. And this year he will pay the town $40,000 in taxes for the pleasure of his views.

But for anyone traveling along North East Street he provides a beautiful view--for free.

Weekend family fun

No pool for you!

War Memorial Pool, at ease

File this one under "Hell hath no fury..."

Town Meeting's voice ignored

Town Meeting voted decisively to appropriate funds to open War Memorial Pool this summer. This of course surprised the Town Manager and 4/5 of the Select Board, who hadn't realized what a priority this community resource is for our town. Selectwoman O'Keefe promised that she "heard" us and Mr. Musante agreed. But alas, no can do. The paint hasn't been ordered. The bathhouse can't be fixed until July. They're sure they can't find lifeguards at this late date. Is this really so impossible? Really?

I think the message is clear. For our unelected official, Mr. Musante, the pool is not a priority. He's Linda Chalfant's boss and has made it clear to her that the pool won't open this summer. He wants to put the money towards the huge undertaking of total rehab of the pool and community fields, which was also never his priority. The LSSE Commission of course echoed Mr. Musante. After all, LSSE Commission is appointed by the Town Manager.

Where is the voice of the people of Amherst? It was supposed to be Town Meeting, but no one in Town Hall is listening or cares....even when there was a clear vote to open the pool. TM is just supposed to come in for hours, read all the material, participate eagerly and then rubber stamp the priorities of our unelected officials. When we do vote to do things differently, we are ignored.

There were no children represented at any of Mr. Musante's meetings. TM bravely voted for the kids and all the other people who so appreciate the pool and the community it brings. I'm disappointed in the process. It doesn't work. For those of you lucky enough, look forward to your vacations in Maine, Cape Cod and Nantucket. Try not to think about the kids you're leaving behind.

Julia Rueschemeyer, Precinct 9

Deja Vu all over again

Cairo Queen (busy bee) returns!

Mother Mary Streeter (owner of TM's chatty listserve) Carol Gray--aka Max Headroom

Apparently the fix was in at Monday's Town Meeting Coordinating Committee election, those stewards of the aging institution charged with streamlining the process; kind of like cowboys trying to herd cats.

Naturally the first thing I do with a town meeting member name (even before Googling it) is run it through my "Hall of Shame" upload from four years ago. You know, the more despicable night in Amherst Town Meeting when two-thirds of the body voted against flying commemorative American flags in town center to remember the most devastating attack on US soil in our history.

Amazingly (I say that with sarcastic intent, hence italics) all three show up: Carol Gray, Pat Holland, and Harry Brooks.

So yes, this is the same Pat Holland who led the Jones Library subcommittee along with Carol Gray charged with an "evaluation" of 30 year award winning Director Bonnie Isman, a process that bordered on harassment and spoiled her well earned retirement.

Ms. Holland paid the price as she was recently rejected in her reelection bid, even though she was both an incumbent and the sitting President of the Jones Library Board of Trustees.

And someday when Carol Gray has the courage to actually place her name on a ballot she too will pay the price. This time she ducked retribution by using the ancient Egyptian stealth method of running a whisper campaign otherwise known as "write in."

Out of a total town meeting attendance of 196 only 49 bothered to vote, with Mr. Microphone Harry Brooks getting 37, Ms. Holland 36 and the Queen of Cairo 30. About as pathetic a voter turnout as a typical Amherst local election. The price of apathy.

Yeah, let's hope the American flag in the corner gets to stay

Town to Crocker Care: We don't care!

What happens when two B-I-G bureaucracies combine forces to pull the rug out from under you?

Well if you are Crocker Care, a self sustaining after school program vital to parents--especially single parents--whose children attend Amherst's Crocker Farm Elementary School, you post an SOS to remind the community of 25 years of dedicated service dealing with our most precious asset: children.

You do of course have to be polite as the public school provides the roof over your head. But it must be hard--really, really hard--when town officials tell you one thing and then do another, fail to return emails or phone calls and then gives you less than two weeks notice for termination with extreme prejudice.

Apparently the Leisure Services and Supplemental Education empire does not like to compete, so the easy way to make their new after school child care program a success is to get the landlord to lock out the competition. You would think the Amherst Schools, since all they deal with is children, could set a better example by being a tad less RUTHLESS.

And what happens when the LSSE funding grant runs dry and they have to be self supporting like Crocker Care has been for its entire existence (not that they gouge the customers)? LSSE took over public swimming at the indoor Middle School Pool, renamed it the Amherst Community Aquatics Center and then just a couple years later shut it down because they could not make it self supporting--not even close.

When LSSE went into the pavilion rental market a few years ago with a bold prediction of $45,000 in revenues actual revenues came to under $10,000. So they are not exactly used to hitting projections when it relies on actually dealing with individual customers rather than one big fat check courtesy of a federal, state, or town grant.

One of the things I noted at last night's blockbuster attendance Town Meeting was how children were being used by adults as pawns in a political process (holding signs). In this case of competing after school programs, the children are the prize.

School officials--especially at Crocker Farm--should practice what they preach: Cooperation, Accountability, Respect, Empathy.

Amherst's Teflon coated bureaucrats

Former Amherst Town Manager Larry Shaffer, who suddenly "retired" and left town with a $62,000 going away present the same day his secretary disappeared with $23,000 in hush money did, finally, land another job in "public service"--city manager of Jackson, Michigan; although he took a bit of a pay cut, down from $127,000 to only $115,000.

You almost have to wonder if there's a course taught for public administration majors on how to obscure mistakes and Cover Your Ass. It's not so much that he cheated on his wife while "serving" the town, it's more that he allegedly did it with a subordinate employee at town hall (before taking up with a UMass professor more in keeping with his stature.)

Or at the very least town manager wannabes should take a primer on Public Relations. Mr. Shaffer made a bad decision right off the bat by following the Select Board's marching orders to trample the First Amendment rights of the July 4th Parade Committee by forcing them to allow protesters to march in the privately organized, non-political family event.

Since the Select Board can fire a town manager with a simply majority vote, I guess you can't blame him for covering his ass on that issue--especially since the Board at the time leaned to the left of Chairman Mao.

But to tax Boy Scouts Christmas trees after 60 years of tax-free selling was decidedly different--and perhaps more telling story--as he initiated the entire fiasco on his own without even telling the Select Board before coming up with the idiotic scheme.

And obviously he did not share with the current Board his ethically challenged personal inter office decision to allegedly have an affair (hopefully not during business hours).

Perhaps he has learned a lesson...or maybe Jackson, Michigan will.

Solar sanity outshines gloom and doom

Town Manager John Musante addresses Town Meeting

UPDATE: So I feel like I had ring side seats to Custer's Last Stand last night as the "fight" put up by concerned neighbors was far less effective than the blond haired General in search of glory. And the final results exactly the same. Utter, devastating, defeat.

When NIMBY general Rich Spurgin's first amendment, requiring a minimum financial return threshold be guaranteed, failed so miserably the handwriting was etched on the wall in neon spray paint.
Professor Spugin leads the ill-fated charge

Spurgin's second amendment--and that was a mistake in not leading with your best case--concerning supposed "safety" issues fared even worse, although that's hard to imagine going down any lower in support.

So very far-and-away overwhelming that not a single member dared to voice "I doubt it" to force a standing vote (rules of town meeting require a standing vote if even a single member doubts the voice vote.)

Now of course the neighbors will resort to Plan B and hire an attorney who will file a case in landcourt something about this being for all intents and purposes a "taking by eminent domain" as their expensive property will no longer be as useful to them as the 'Oh Happy Day' they originally purchased it.

And so it goes in the People's Republic, where the sun seldom sets on discussions of self interest.

ORIGINAL POST (last night):

After a contentious two hour debate with opponents raising the spectre of an environmental disaster and more mundane concerns over the financial uncertainty of locking into a 30 year deal, and proponents trumpeting the $1 million annual net gain to the treasury via energy savings and equipment taxes while reducing the towns carbon footprint, Amherst Town Meeting this evening voted overwhelmingly to allow Town Manager John Musante the authority to enter into a long-term contract with Blue Wave Capital to construct a 4.75 megawatt solar farm on the old landfill.

A packed Town Meeting

Neighbors around the targeted site quickly organized resistance to the ambitious long term project and jam packed a public meeting in early April to bicker and snicker at town officials, started a website laden with doomsday predictions, purchased a half-page in last week's Amherst Bulletin, direct mailed material to all town meeting members and some even joined that legislative body via the most recent election.

Dave Keenan speaking against the deal while using a prop

A visibly angry Vince O'Connor speaking against the article after being interrupted by a "point of order" when he mentioned how his protest resume included Seabrook Nuclear Plant in the late 1970s and a draft resistance arrest in the mid 1960s resulting in federal prison time.

The old trot out the kids and dog routine

Now that the first big hill has been successfully scaled, the next step is for the Town Manager to come up with a contract that will be approved by the Select Board (the executive branch) and for the state Department of Environmental Protection to give final approval for using the highly regulated landfill as a solar farm. Both safe bets.

The next major mountain to climb is getting the Zoning Board of Appeals to issue a Special Permit, which requires a unanimous vote. In 2002 the ZBA voted down (2-1) the town's proposal to increase the height of the newer (now closed) landfill by ten feet which would have generated millions of dollars in revenues to the town.

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ARTICLE 24. Authorize Term of Lease for Old Landfill (Select Board)

To see if the Town will vote to authorize the Town Manager to lease all or any portion of the Old Landfill across Belchertown Road from the existing Transfer Station from time to time by one or more leases for such term of years up to 30 years and for such consideration as the Town Manager shall determine, for the purpose of installing and operating thereon a solar array for electric power generation and distribution, and to authorize the Town Manager to grant such easements in, on, under and across over said land for utility and access purposes, as reasonably necessary to install and operate such a solar array, and further to authorize the Town Manager to enter into a power purchase agreement with any lessee of such property to purchase all or a portion of the electricity production of the solar array and to enter into an agreement with the local utility to participate in the Net Metering program pursuant to the Acts of 2008, c. 169, §78, the so-called Green Communities Act, as may be amended.

A library high

Last week Amherst Town Meeting approved (article #20) Community Preservation Act funding that included $113,000 for the Jones Library repair of their historical chimneys. Today they were working on the chimney caps (CPA $ from last year's Town Meeting).

Party House of the weekend?

No, not this past week--and yes, that is a good thing (although APD did issue 17 "warnings" over the weekend for noise.)

Guess I will have to find a new weekly feature for the summer slowdown. Stupid crime of the week perhaps. This week it would have been the assault in the parking garage on Friday night 8:45 PM where Harrison Madzy, age 39, severely beat someone about the head with a wrench, all over a parking spot. Dub that one "'parking rage".

Standing in the way of progress

A mighty oak stands tall (for now)

Two siblings not far away

Two Maples who will not be very merry

"You're in charge of the last of the Truffula Seeds.

And Truffula Trees are what everyone needs.

Plant a new Truffula. Treat it with care.

Give it clean water. And feed it fresh air.

Grow a forest. Protect it from axes that hack.

Then the Lorax and all of his friends may come back."

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Public Shade Tree Committee

MEETING TIME: May 19th 3:00 pm. LOCATION: First Floor Meeting Room, Town Hall. LIST OF TOPICS: Review April minutes; Tree Warden’s Report; Vote on Atkins Corner Tree Removal; Presentation of New APSTC website; Arbor Day and Faith Planting wrap-up; TreeCity USA Celebration Report. The meeting will be followed at 4:00 PM by a hearing on tree removal for the Atkins Corner project.

So what do you really think?

The red hot issue of a sparkling new solar farm on a dreary old abandoned landfill certainly arouses passion and, as such, folks--especially NIMBYs--tend to shoot from the hip...usually folks who are lousy shots to begin with.

And never is it more evident then those hilarious occasions when they accidentally fire off an email to an entire listserve thinking it was a private response to only one individual.

Gavin Andresen had strongly defended the town's wish to enter a contract with Blue Wave Capital to construct a solar farm generating electricity and a cool million per year in payments and savings on land now sitting empty, costing the town tens of thousands per year in maintenance overhead.

Mr. Andresen even had the gall to publish a GIS photo showing one of the prominent NIMBYs who posts sky-is-falling rhetoric has a backyard touching the landfill.
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From: DBryne@...
To: amhersttownmeeting@yahoogroups.com
Sent: Friday, May 13, 2011 2:17:28 PMGerry:

Is Gavin Andresen an 'inheiritance case? I met him once for a few minutes and he struck me as 'one of those' BY the way the solar thing will be somewhat close to where I live but I am not an abutter or even close. It's just that I no longer trust Musante-Okeffee,et. al. As far as I can tell they're working for Maroulis. The unanimity of the boards is a tad frightening.

Yes it tends to get me down
when I see folks with shirts of Brown.

David
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Actually Mr. Byrne is fairly close to the old landfill, but considering he paid $359,000 for his unit five years ago and it's currently valued at only $215,300, he probably does not have to worry about a Solar Farm reducing the value any further.

Of course Mother Mary was informed and took down the offending post and even warned not to "reply all" to the original message as that would resend the string with the offending remarks, but I notice Mr. Bryne still did so last night in an attack on the Gateway Project and as a result resent the original ad hominem attack on Mr. Andresen.

Since Gavin also has a blog I'm sure he has thick enough skin to withstand such biting commentary from the peanut gallery. And (Princess) Stephanie O'Keeffe used to have one.


Hi Folks,

I have just been informed that a message was posted to this group that was intended to be a private message. This haas happened to others and can be embarrassing for all involved. Group members are advised that replying to any message from this listserv that has [AmhTownMtg] in the subject line will go the the WHOLE LISTSERV and not just the person who wrote the message you are replying to. Please be careful when replying!

Please DO NOT reply via the group to the message titled "my objection last night" as that might resend the message sent by mistake. Thank you all for your cooperation on this.

Mary Streeter
TM Discussion Group Moderator

How I was banned from the private Town Meeting listserve without really trying

Solar Shoot Out

Today's Amherst Bulletin half-page political ad

Monday's Amherst Town Meeting is shaping up to be an ultra-modern shootout at the OK corral where combatants carry Star Trek phasers instead of six shooters.

NIMBYs fire off a half-page ad selectively quoting from a NIMBY website that selectively cherry picks facts from oceans of Department of Environmental Protection required data, but still doesn't endorse the expensive sky-is-falling ad; and the town quickly (and cheaply) responds with a full spread of photon torpedoes via the main page of the official town website, normally a place where people go to figure out how to pay parking tickets.

While the old unlined landfill these folks bought expensive homes around certainly does produce lots of leachate--especially when it rains--that fluid is not exactly a toxic green goo oozing towards the town water supply. If you try to reuse a teabag for your fifth cup of tea, the results will be mighty disappointing.

All the groundwater monitor wells (28) around the old landfill fail to show contamination beyond a few chemicals and even then only in traces and it flows in the opposite direction from the municipal water supply over a mile away. Plus the methane/sulfur gas detectors (9) stationed around the perimeter all test completely negative.

In fact, the most recent DEP report to the town (2010) clearly states in bold letters: "Groundwater does not flow towards the Lawrence Swamp public water supply wells, which are located over one mile to the south/southeast." And if that is not clear enough, they boldly sum it up: "The qualitative risk assessment concluded that there were no significant risks to human health or public safety posed by the landfill."

The main reason the town is under orders from the DEP to regrade the cap is because the contents have settled, causing the cap to sag from a lack of support from down below allowing rain water to pool in places. Thus the regrading will help with water runoff and will most certainly aid in reducing leachate production.

But that is not what conflicted neighbors will unleash on Town Meeting Monday night. Instead, a doomsday scenario that could pass for a science fiction disaster movie trailer. YouTube here they come.

Old landfill (note gas detection pipes)

Good Luck UMass Grads

A double first: Friday evening graduation, on a Friday-the-13th.

Can you hear me now?

Yes folks Google Blogger has been down for 36 hours or so leaving millions of us busybodies, err, bloggers, in the lurch. But since they don't charge for their incredibly useful service I'm not going to complain. I liked the comment a few hours ago on a news website from an Anon saying "I was going to blog about it but then realized I'm on blogger."

After all, if a tree falls in the forest and nobody is there to blog it then, indeed, it does not make a sound.

(And yes, I lost two posts and the saved drafts were early stage)

Dogs will be dogs

Ten years ago when horses escaped from Muddy Brook Farm and took to the streets, animal welfare officer Carol Hepburn safely rounded them up. Owner Barry Roberts sent her a $50 restaurant gift certificate as a thank you but police chief Charlie Sherpa suggested she return it to avoid the appearance of an ethics violation. A minor loss considering an idea was born.

Ms Hepburn set up a tax deductible account care of the town of Amherst with all monies put towards capital items that benefits animals. Last week she installed this year's purchase which makes life easier for dog owners and the general public who share green space with those dogs.

The compact commercial quality receptacles dispense biodegradable bags for convenient pick up and storage of dog waste. The units, costing $229 each, were installed last week at Groff Park, Puffers Pond, Wentworth Farm, Mill River recreation, and Amethyst Brook conservation area.

Amherst Animal Control officer Carol Hepburn

They have secrets (and want to keep them)

Supervisor of Records
Office of the Secretary of the Commonwealth
McCormack Building, Room 1719
One Ashburton Place
Boston, MA 02108
5/9/2011

Dear Mr. Cote,
I wish to appeal the recent decision by the Amherst public Schools denying my documents request for separation agreements with (now former) employees that cost local taxpayers tens (possibly hundreds) of thousands of dollars.

Months earlier I made the same request of the Town Manager and Amherst Select Board (town employees are legally separate from school employees) which town officials initially balked at providing, but town attorney Joel Bard ruled the request fell within the parameters of public documents law and I was reluctantly provided the material--some of it potentially embarrassing.

I also find it odd that the schools would turn over the settlement agreement of former Superintendent Alberto Rodriguez but none of the others (and at this point I have no idea how many others exist.) It only takes one white crow to disprove the theory all crows are black.

And if all of the other settlements agreements are the result of internal discipline regarding the performance of a school teacher and as such is "personnel . . . information" within the meaning of G. L. c. 4, s. 7, Twenty-sixth (c) [797-799], therefor exempt from disclosure under the public records law, G. L. c. 66, s. 10 [799-800] then why did the those employees receive hefty settlements paid for with tax dollars?

Larry Kelley


To: Gerykm@arps.org, mazurk@arps.org
Sent: Thu, Apr 7, 2011 12:15 pm
Subject: Public Documents Request

Could I please get any and all separation, severance, transition, or settlement agreements made since January 1, 2005 between the Schools (both Amherst elementary and Regional HS) employees that include compensation, benefits, or other payments worth more than $5,000.

Thanks.
LK


Sent: Thu, Apr 28, 2011 2:36 pm
Subject: Re: Public Documents Request
Dear Larry,

Based on advice by our school attorney and the districts' contact with the Massachusetts Office of Public Records, we are enclosing a copy of the Settlement Agreement of Alberto Rodriguez. However, as to the other documents you are seeking, it is the position of the districts that these documents are not public record per the Wakefield decision and the districts do not feel they can be released.

Sincerely,

Kath

Kathryn Mazur
Director of Human Resources
Amherst-Pelham Regional
School District

Get the lead out!

Contaminated pile looking towards Applewood Retirement Community

UPDATE 9:15 AM: Perhaps the only thing more scary than the following story is the fact that it's probably perfectly legal. My reliable town offical source wants readers to know the Department of Environmental Protection has different "handling requirements of this material from an agricultural by-product use vs. non agricultural."

Of course the way a human body reacts to the presence of the dangerous substances doesn't change depending on whether that exposure was caused by agricultural uses vs. an industrial smelting plant.
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In South Amherst lead and arsenic go together like smoke and fire.

Commercial apple orchards operated by Atkins farms (founded 1887) and original competitor Wentworth farms needed an effective insecticide, easy to apply in bulk, to protect their cash crop. They found it in lead arsenate and used many tons of it over a couple generations until the popular pesticide was banned by the EPA in 1988.

Today these old apple orchards still contain the hazardous chemical cocktail bonded to the soil. Recently controversy arose when the town cut a deal with Baltazar Contractors, who won the $6,060,220 bid to construct two Atkins corner roundabouts, to dispose of 6,000 tons of lead arsenic contaminated soil in the old landfill for a tidy six-figure sum in dump fees, which the town would then cover over with three feet of clean fill to satisfy a DEP order to regrade the sagging landfill cap.

Neighbors--already mobilized to fight a 4.75 megawatt solar array farm at the site (which requires a level terrain)--complained bitterly about the contaminated soil coming to their backyards, and even though the DEP deemed it safe (with many conditions attached), the town scuttled plans to accept it in the landfill, thus leaving the dirt in uncovered piles adjacent to one of the busiest businesses in Amherst.

Sovereign Builders is concurrently constructing a spacious warehouse for Atkins immediately behind the popular store, which is of course located in an old orchard. I took a soil sample (one of three) from the large uncovered pile of dirt that this private sector project has generated off West Bay Road currently towering over the landscape only a couple yards from Atkins Market and Applewood Retirement Community (built on 10 acres of former apple orchard.)

The UMass Soil and Plant Tissue Testing Lab found 427 ppm lead in the pile; unfortunately they do not not screen for arsenic. Lead arsenate contains one atom of aresenic for every atom of lead, and as an atom of lead is 2.8 times as heavy as an atom of arsenic, if only lead arsenate is present, a soil containing 427 ppm of lead will contain 153 ppm of arsenic. Arsenic levels above 20 ppm are a cause for concern.

According to the town the known contaminated soil from the road roundabout reconstruction project tested at 46 milligrams/kilogram for arsenic, and if my sample is from the same batch, 273 ppm for lead.

Twenty years ago when Applewood was constructed on a former Atkins orchard the excavated soil was taken to an expensive special handling facility, as was soil from the Eric Carle Museum construction project ten years ago.

Even if no arsenic is present (and that seems unlikely) the lead content alone requires special attention and handling. According to the UMass soil lab "If estimated total lead levels are above 300 ppm, young children and pregnant woman should avoid soil contact."

And with hot, dry, windy summer weather fast approaching, one large pile of bare dirt could send contaminated dust blowing in the wind.

Contaminated pile looking toward Atkins Country Market

UMass Soil Lab analysis ( see "Atkins Hill" sample)

Roundabout construction in front of Atkins Market
lead tested at 273 ppm (low)

UPDATED Friday the 13th: the hill is getting B-I-G-G-E-R

DEP guidance on landfill regrading

War Memorial Pool wins another battle

First opened in 1955 and beloved by generations of children, the centrally located War Memorial Pool closed two years ago but suddenly came back from the dead with an improbable combination of a seldom used town meeting "motion to reconsider" (the Community Services Budget) by Julia Rueschemeyer which passed 93/72, and then her follow-up motion to amend the budget by adding $65,250 to fund operations this summer.

The Select Board voted 4-1 against the motion to reconsider and the Grinch-like Finance Committee voiced their displeasure. Leisure Services Director Linda Chalfant had nothing positive to say. But recreation czar Stan Ziomek, who spearheaded the construction of the pool 55 years ago, spoke passionately in defense of renovating and reopening the aging facility.

The motion carried 92/75.

Party House repeat offenders

23 Tracy Circle

So even my casual readers will recognize this house and address, 23 Tracy Circle as a recent Party House of the Weekend winner. Yes, the losers who created the Facebook page "Fuck The Fines" are b-a-a-a-a-a-a-a-a-ck. And yes, they were fined $1,800 for Friday's late night party.

According to APD narrative:
"Upon arrival Officers could clearly hear loud TV, noise and voices laughing and shouting from open windows. Several people could be seen through a partially open picture window . There have been 5-6 calls to house #23 for the same complaints with verbal warnings as well as written Town By Law citations. Three residents were placed under arrest for noise violation and nuisance house. 12-15 guests were asked to leave and the house was secured."

Arrested and charge with noise and nuisance house:

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx age 21
Emerson E. Rutkowski, 36 Puritan Park, Swampscott, MA age 20
Michael Upham, 53 Sherwood Road, Swampscott, MA age 21

Property owner: who ya gonna call? Mr Gesualdi owns a few properties in Amherst.