A Special Run

From law enforcement rookies to top brass, and a few civilians

Lt. Robert O'Connor, Chief Scott Livingstone

While the distance from the Amherst Police Station to the finish line at the UMass Southwest towers quadrangle may have been only three miles, the resounding good cheer generated could have echoed from sea to shining sea.


About 30 runners participated in the Massachusetts Law Enforcement Torch Run for Special Olympics this evening sponsored by the Amherst Police Department. The workout culminated with a rousing reception at the finish line by the athletes who benefit from the money raised (suggested donation per runner was $15) as they let out a resounding cheer when the entourage--all wearing distinctive black t shirts--arrived and the Flame of Hope met the cauldron, sending up a whoosh of orange flames.

Let the games begin!

Amherst's Twin Towers

Boltwood Place, downtown Amherst

Although Boltwood Place will be a single five-story building on completion, this morning it resembled an iconic place, now but a memory.

And the sign says

Groff Park Pavilion

Coincidentally enough the Leisure Services and Supplemental Education Commission (folks outside the People's Republic would call it "Recreation Department") last night discussed 24 new "No Smoking" signs for the playing fields and playgrounds around town, 12 going up this year and 12 the next.

But you have to wonder if those signs will be any more effective than this "No alcoholic beverages allowed sign" at Groff Park pavilion?

The Amherst Board of Health had considered a total smoking ban on all town owned land--including the Town Common--but pressure from local business owners and the Chamber of Commerce, college students (mostly UMass), and perhaps ardent libertarians caused them to back down to just banning the foul habit around playing fields and playgrounds.

In 1999 the Amherst Board of Health spearheaded a smoking ban in the workplace that included bars. The volatile episode became known as "The Smoking Ban in Bars War." The Board of Health won as the bars rendered an unconditional surrender; today smoke free environments are as routine as cell phone reception.

And now that environment extends to the outdoors, mostly.

A simple act of kindness

With the anniversary of that dark day but a month away, and the recent catastrophic loss of 30 American soldiers ardently doing their job still fresh in our memory, please consider a donation to assist two men who have already paid their dues but now find the government lacking when it comes to repaying them for their service.

Do it out of compassion, Christian moral values or plain old self interest. Because when the guardians start to fall, who is left to protect us all?

Into the Belly of the Beast

Senator Scott Brown: dressed for a hike

Senator Scott Brown came a calling this hot afternoon, picking one of the highest locations in Amherst, the top of The Notch state run visitors center, as his stage .

The Senator was supposed to talk about the economy and tourism, but he was immediately set upon by demonstrators so he and his entourage crossed over Rt. 116 and headed up the steep slippery incline to Bare Mountain, the nearest peak to the visitors center--but still a good workout.

Yes, I managed to shake his hand, although I forgot to take off my bike gloves. I had taken the long route to get there from my house which is normally a three mile ride but going the long way to avoid the Atkins Corner construction was 12 miles with a sprint up the, thankfully easier, south side of The Notch.

I arrived a minute or two after 2:00 PM but had little to worry about as the Senator was about 20 minutes late in arriving. When he did appear I was still sweating and as he shook my hand he complimented my American flag bike shorts and mentioned that he just did the Pan Mass Bike Challenge (with Lance Armstrong.)

It was then the demonstrators started to get (verbally) pushy.

A republican Senator in the People's Republic of Amherst is about as rare as a white whale; and this one in particular strikes me as a tad more formidable than Moby Dick.

A few fans and lots of media showed up

Political Welcome Wagon

The opposition was organized

Jones Library has a new Director

Sharon Sharry, director of the Greenfield Public Library is now the Director of the Jones Library, an iconic downtown Amherst institution. Surviving a first round 3-3 deadlock vote against the only other candidate, Christopher Lindquist, director of the Westfield Athenaeum, Ms. Sharry won a unanimous 6-0 vote in the second balloting.

After the unsettling episode last year where a renegade wing of the Jones Library Trustees, a sort of evaluation inquisition, drove out 30 year Director Bonnie Isman, lets hope the new director can maintain cordial terms with the Board of Trustees--especially now that Carol Gray has returned from a one year stay in Egypt.

Somebody appreciates my timeliness

Legal Shuffle

According to the Regional School Committee 9/22/10 minutes, "By a vote of five to four, the committee voted to hire Dupere and Dupere to provide the district’s legal representation for Special Education services."

On 11/30/10 a concerned parent asked the Regional School Committee why Gini Tate was still serving as Special Education counsel for the region: "Mr. Rhodes explained that the School Committee had to negotiate an agreement with the new Special Education attorney, which then had to be ratified by each School Committee. As a result, the contract with the new firm does not begin until December 1, 2010." Of course that was the very next day--or so you would think.

Meanwhile in another part of the space time continuum, on 11/13/10 to be exact--three weeks after the school committee vote to--effectively fire attorney Tate as Special Education counsel, a parent filed suit against the Amherst school district.

Dupere and Dupere started on December 1st at a fixed, all-you-can-litigate, annual cost of $36,000. The first official response to the parent filing suit from Attorney Tate's office concerning the case is dated--you guessed it--December 1st. Pretty quick response for an attorney, eh?

So, rather than having Dupere handle the matter at no additional cost to the taxpayers, the schools--in violation of a School Committee vote--hire attorney Tate, at $220/hour fee plus four hour round trip travel time from her office in Quincy.

The parent who filed suit on November 13 withdrew the action, then refiled on April 4, 2011, using a different legal approach thus providing yet another technical reason Dupere should be handling the case at no additional taxpayer cost.

I asked Regional School Committee chair Rick Hood for an explanation and received this curious response:

"There were three cases carried over from the transition between Dupere and MHLT (Attorney Tate). Two of the cases have reached conclusion and/or are awaiting the BSEA to issue their decision. The third case was a re-filing of a case where MHLT (Attorney Tate) had already worked extensively on it during the FY11 school year prior to Dupere being appointed the new SE attorney. Probably this is the case you are referring to.

Where MHLT was already deeply involved in a case it was thought best (and less expensive) to keep MHLT on it."

Less expensive? You can tell Mr. Hood has an extensive background with yachting! How could Attorney Tate have "worked extensively" or have been "deeply involved" on a case that was originally filed on November 13 with her initial response dated December 1, only two-and-a-half weeks later?

Obviously attorney Tate became a comfortable fixture in the Good Ol' Girls Network now controlling the schools, and since taxpayers unknowingly cover the tab, she's darn well going to stay--no matter the additional expense.

But how do you put a price on trust?

########################################

To: amherstac
Cc: Maria Geryk ; Kathy Mazur ; Mary Wallace
Sent: Fri, Aug 5, 2011 11:22 am

Good Morning, Mr. Kelley:

I'm happy to provide the information you requested. The hourly rate for services provided by Murphy, Hesse, Toomey and Lehane (Ms. Tate's firm) is $220.00. The School Committee vote to hire Dupere and Dupere for the districts' Special Education services and Murphy, Hesse, Toomey and Lehane for the districts' general counsel was taken on September 22, 2010. I've attached the minutes for your convenience.

Best,

Debbie

Debbie Westmoreland
Administrative Assistant to the Superintendent


You would think that somebody on this Cc list knew all too well that Ms. Tate was still involved in a Special Education case, and could have clarified this response.

The cost of doing business?

We have already learned recently that the Amherst schools spent $200,000 in "settlements" with former employees over the past five years (not counting costly unemployment benefits); but with our municipal education machine being such a large local employer, maybe not such a bad batting average.

And maybe in the long run those settlements saved money or helped maintain the integrity of the system, as the women in charge would argue. In fact, they maintain it's usually a combination of both those rationals and that argument would probably be applied to any and all "legal expenses."

How unfortunate that a system designed to educate all our children spends tax dollars on litigation...but a necessary evil, perhaps.

After all, the Amherst schools account for over two-thirds of the entire town budget, or $49 million last year between elementary and regional high school.

Still, do they have to spend so much?

Legal Expenditures

Amherst-Pelham Regional School District:

	FY09	FY10	FY11
School Committee	15,802	17,330	32,315
Human Resources (personnel)	5,123	5,714	6,446
Special Education - MHT&L	49,443	27,315	41,911
	70,368	50,359	80,672

Amherst Public Schools:

	FY09	FY10	FY11
School Committee	9,728	24,763	25,077
Human Resources (personnel)	8,255	5,464	5,854
Special Education - MHT&L	17,112	3,733	14,729
	35,095	33,960	45,660

########################################

8/4/2011 9:48 AM

Could I please get Attorney Tate's current hourly rate and total amount paid in FY10 and FY11 by the School District?

And for clarification: was she terminated from handling school district SPED cases as of December 2010?

Larry K

To: amherstac
Cc: Maria Geryk ; Kathy Mazur ; Mary Wallace
Sent: Fri, Aug 5, 2011 11:22 am

Good Morning, Mr. Kelley:

I'm happy to provide the information you requested. The hourly rate for services provided by Murphy, Hesse, Toomey and Lehane (Ms. Tate's firm) is $220.00. The School Committee vote to hire Dupere and Dupere for the districts' Special Education services and Murphy, Hesse, Toomey and Lehane for the districts' general counsel was taken on September 22, 2010. I've attached the minutes for your convenience.

Best,

Debbie

Debbie Westmoreland
Administrative Assistant to the Superintendent

Gateway shuffle

Former Frat Row, forever UMass

The Gateway Project, so named because it hopes to transform the main entryway to UMass while seamlessly connecting our largest employer to downtown Amherst, inched forward this evening...but once again demonstrated the changing nature of the project.

Deputy Chancellor Todd Diacon told the Amherst Redevelopment Authority, "We wholeheartedly support the Gateway Project." He also confirmed UMass funding for a traffic study in the Gateway corridor as part of their ongoing Master Plan.

Town Manager John Musante testified the town will sponsor warrant articles for the fall Town Meeting to hire consultants for a marketing study and to map out zoning changes required if the Gateway "vision," now endorsed by both the ARA and UMass, is to become a reality.

Zoning is a key factor which requires a two-thirds vote of Amherst Town Meeting. Since that body will deliberate spending tens of thousands on additional consultants for the Gateway project in November, the majority vote required will be a bellwether of how well the zoning vote--a higher hurdle--will fare.

Diacon also admitted, however, that his office would not advocate for the transfer of Frat Row, a 1.8 acre prime swath of land deemed a "catalyst" by the Gateway Vision consultant, to either the town or the ARA--although he stated UMass would landscape the wide open property and that they had no plans for building construction over the next five years.

UMass purchased the property, formerly home to five rowdy frat houses, for $2.5 million. Originally the Gateway Project commenced when UMass offered to donate the land for a private sector mixed use project but one providing significant housing. After a chorus of complaints from immediate neighbors fearing a resurrection of Frat Row, the housing aspect was significantly altered.

If Town Meeting approves the zoning change, individual private developers will have to undertake the task of transformation, with a form-based zoning code for guidance and a "vision" as inspiration.

My Meet-and-Greet with Maria

So no, Attorney Regina Tate was not present for our mid-afternoon pow-wow yesterday in the Superintendent's office...well, at least not in a physical sense. But her spiritual presence was overpowering.

Under additional $220/hour advice from Attorney Tate, the schools defied the official ruling of the state Public Records Division by continuing to withhold the (13) employee settlement agreements.

What little they did give me indicates payouts of almost $200,000 over the past five years.

Settlement Agreement Summary Click link

And the band played on

For the first time in 34 years the UMass Marching Band--the "Power and Class of New England"--will take to the field without George N. Parks. The songs may remain, but the spirit will never be the same.

The Minuteman Band Association is hosting an all day inaugural golf extravaganza at the Hickory Ridge Golf Course on Friday, August 5 with all proceeds to benefit the George N. Parks Memorial Scholarship Award.

Detention?

From: Kathy Mazur
To: amherstac@aol.com
Sent: Fri, Jul 29, 2011 2:07 pm
Subject: Tuesday

Hi Larry - Can you please meet with Maria and me at 3 pm next Tuesday? I expect to have the settlement information ready at that time, and Maria and I would like to be able to answer any questions you might have, as well as have an opportunity for us to provide some context for the settlements. Thanks, Kathy
##############################################

I feel a bit like the petulant school child sent to the principal's office for discipline, or what the Chinese government refers to as "retraining." Stimulates not-so-fond memories from St. Michael's Catholic school in Northampton, where the first line of offense was a brief stay in the cramped cloakroom.

Of course the ironic thing about the Amherst Schools trying to keep these settlement agreements with public employees secret is that by taking flawed legal advice from Attorney Tate and resisting my initial public documents request they have only attracted additional attention to the matter.

Furthermore, had I not published the formal finding from the Public Documents Division spelling out the Schools' mistake, a reader would not have seen the opportunity to forward me documentation regarding the other recent incident where the Schools, acting on bad legal advice, withheld the resume of the "interim" Director of Special Education, thereby earning yet another reprimand from state officials.

Rather than spend taxpayer money on bad legal advice, perhaps the Schools--a $50 million enterprise--should hire an entry level Public Relations advisor to spin positive stories and prevent recurrence of these embarrassing faux pas.

Americana deja vu

Time travel, that staple of science fiction debunked by science fact, is easily accomplished from Amherst with a 35 minute drive north up winding Rt 63 any clear summer evening--as long as it's on a weekend.

Like video rental stores, phone booths or typewriter repair shops, drive in movie theaters are an All-But-Dead breed. That did not, however, hinder the enjoyment for hundreds of folks of all ages who descended on the Northfield Drive In last night, one of only a few such outposts of family entertainment left in New England.

And you could not ask for a better feature attraction than "Captain America: The First Avenger."

Ah the good old days, when bad guys--all dressed in black--were really, really bad; and the good guy bedecked in red, white and blue, was especially virtuous. As usual our hero had perfect timing to save New York, his city of birth, from a devastating sneak attack.

Where oh where was Captain America ten year ago when New York City needed him most?

Colors o'er the Amherst skyline

No wonder the five-story Boltwood Place project is really starting to take shape: the construction crew keeps busy even on a Saturday.

Just say NO

I'm not the only one Attorney Regina Tate advises her client--the Amherst Schools--to deny access to public documents.

Back in March parents with a vested interest in Special Education requested the credentials and certifications of the "interim" (going on two years now) Director of Special Education JoAnn Smith, a $99,612 salaried public employee very much in the "public eye".

Under advice of Nancy Reagan--I mean-- Attorney Regina Tate, the Amherst schools refused to comply by invoking "exception C", the privacy exemption.The petitioner appealed to the Public Records Division and received a telling response earlier this month from staff attorney Lori Sullivan:

I have received your inquiry on the status of your public records appeal. A review of the matter reveals that the Amherst Pelham School District (School District) is withholding teacher and staff credentials/certifications. Our office will have to send an administrative order to the School District to try to get them to comply with the request. Once it is drafted and reviewed by the Assistant Director, it will be mailed to both the School District and to you.

According to easily accessed public records information available online: "Specifically, any relevant degrees and certifications listed on an employee’s resume may be subject to disclosure upon request. Public employees have a diminished expectation of privacy in matters relating to their public employment and the public has a legitimate interest in knowing whether public employees possess the qualifications necessary to perform their jobs."

Seems pretty simply to me. But then, I'm not an expensive Big City lawyer.

Too much advocacy?

Hwei-Ling Greeney: passionate advocate for the homeless

The Committee on Homelessness put up a fiesty defense tonight against the Select Board idea of merging them into a new entity more closely resembling the current Housing Partnership Fair Housing Committee, mainly because they are too passionate about advocating for the needs of the homeless.

Hwei-Ling Greeney, Chair of the Committee on Homelessness pointed out that the Housing Partnership has been in existence for almost 30 years and did nothing for the homeless. Ms. Greeney also observed that individual Select Board members did not show up this past winter at the shelter to drop off food or play cards with guests, yet now they are making this momentous decision impacting the shelter.

When Milestone Ministries announced last week they would not renew their contract to run the homeless shelter this coming season, partly because of "micromanaging" by the Committee on Homelessness, the Select Board took direct aim at legislating the committee out of existence. Select Board Chair Stephanie O'Keeffe called Milestone's decision "A serious step backwards."

A charge Ms. Greeney said "scapegoated" her committee.

Homeless advocate Kevin Noonan said Town Meeting can be "contentious" yet nobody talks about merging them with the Select Board. He also noted that Pastor Desroches of Milestone Ministries mentioned the "micromanaging" issue almost as an aside rather than a major game changer.

The town has secured $100,000 in Community Development Block Grant funding for the upcoming season to operate the shelter and Ms Greeney said she knew of five organizations that would respond to a town Request For Proposals and be ready to open the shelter November 1.

Had any of the homeless attended tonight's meeting to observe the one hour "discussion" they probably would have felt elated that town government is fighting over them so passionately.

Kevin Noonan called the "vilification" of the Committee on Homelessness "disturbing"

"A paramount and prevailing right to know"

Click photos to enlarge/read

Let's hope Amherst Schools' attorney Regina Tate is embarrassed enough by the Public Records Division's official ruling to perhaps feel guilty about billing the client--'We the People'--for such bad advice.

After all, town attorney Joel Bard, a principal with Boston law firm Kopelman and Paige, perused my duplicate request to Town Hall a few months before the Schools and correctly advised Town Manager John Musante to turn over all the requested documents.

I especially like the Public Documents pros addressing the issue of municipal employees outside the "public eye". Attorney Tate seems to think that anything happening beyond the "public eye"--i.e. under cover of darkness--should stay forever buried.

All of those secret deals are now in the realm of the undead.

Another cool move

So Friday as temperatures again hit the century mark the Jones Library, rather than closing at noon for all employees to attend the annual Town/Company picnic, stayed open until 5:30 PM so patrons and passerbys could seek relief from the oppressing heat and read a book, newspaper or use the wifi.

Who says librarians aren't cool?

Gateway remains open

Maybe it was the nearly 100 degree heat outside Town Hall as tonight's Amherst Redevelopment Authority meeting concerning the joint effort Gateway Project attracted more major players--Town Manager John Musante and UMass Deputy Chancellor Todd Diacon--then the usual contingent of concerned neighbors, with but one making a friendly appearance.

Or perhaps the prolonged public process and endless meetings with a plethora of public comments has resulted in a "vision" for that strategic corridor that could actually work to the benefit of all the stakeholders--including hard pressed taxpayers.

We voted unanimously to have ARA member Aaron Hayden (former Chair of the Planning Board and current Select Board member) draft a letter to the Planning Board politely suggesting they "adopt" the Gateway Vision as presented by our consultant Gianni Longo.

I suggested we also ask Town Meeting via an advisory article to support the Gateway Vision as that would allow even more public discussion by insiders who thrive on discussion; and if the broad general vision cannot muster a simply majority vote of that legislative body there's no way in Hell a specific plan will someday win over the two-thirds supermajority required for a necessary zoning change

The Town Manager, sitting shoulder to shoulder with Vice Chancellor Diacon, confirmed that "discussions with UMass are ongoing." He added that he was "very pleased with the planning charrettes and the responsiveness of the consultant."

The overall vision demonstrated that the town and ARA "was serious about broad community input." He circled back to declare the vision a "very, very positive step."

At our next meeting August 4 we should know whether UMass buys into the vision and still wishes to donate the prime 2 acre "catalyst" on which everything now hinges. The Town Manager will also have met with state officials regarding grants for infrastructure improvements and additional consulting on a market analysis, traffic study, and form based code zoning.

So before the steamy weather turns crispy cool, we will know if Gateway is a go...or a goner.

Gentlemen, start your brewers!

As the Amherst Brewing Company prepares for an August opening in the former Leading Edge Gym location on University Drive--with a new white picket fence for outdoor dining--the vacated 12,000 square foot downtown location owned by Barry Roberts will be filled by yet another brew pub, High Horse Brewery and Bistro. Manager Jason DiCaprio received Select Board blessing on Monday night and goes before the Zoning Board of Appeals tonight but should also have no problem gaining their unanimous approval.

Only a few years ago I would have been uncomfortable making that prediction.

Musical bar stools anyone?

A cooling place

Sure beats kids (or pressured parents) opening up fire hydrants.

Free Admission at Middle School Pool During Heat Wave

In order to provide everyone in the community a safe place to swim during this recent heat wave, admission to the Amherst Regional Middle School Pool will be FREE beginning Thursday, July 21st through Sunday, July 24th.

Open swim hours at the Middle School Pool are Thursday and Friday 5 pm - 7 pm and Lap Swim from 7- 8 pm. Weekend hours are Open Swim Saturday and Sunday from 1 pm - 6 pm. The Amherst Regional Middle School Swimming Pool is supervised by American Red Cross certified lifeguards.

For a detailed schedule of Town of Amherst aquatics programs visit the department’s website at lsse.org or call 413-259-3065.

"Scary" indeed

Amherst Select Board Chair Stephanie O'Keeffe was hardly soothed by the Town Manager's Report--or I should say update--concerning the twin train derailments and the resulting measures taken by New England Central Railroad to address them.

If the cause of both potentially devastating mishaps was a "high water table" (and that area is indeed a swamp) then simply replacing old rotted ties and fasteners does not address the underlying problem, although it certainly helps.

But if that was pretty much NECRs response--surface hardware replacement-- then if they had refurbished those long neglected rails a few months earlier, would it not have prevented both accidents?

A recent study by UMass Hydrogeologist David Boutt published in the journal Geophysical Research Letters demonstrates that as a result of rising temperatures and climate change, average precipitation in the Northeast has increase by 30% since 1900, and water tables have indeed become consistently higher over the past ten years.

Since this a long-term phenomena, chances are it's not going to reverse itself in the short-term future. Combine this soggy weather trend with the activity of beavers in that low lying area and you have a recipe for returning to the prehistoric days of Lake Hitchcock.

Perhaps when the tracks near Station Road are submerged, NECR or the Federal Railroad Administration will address the real problem.

Let's hope they do so before another accident occurs.

Trains, bike paths, beavers and global warming make for a bad mix

Art in the Park

The Youth Action Coalition--those kids who brought you a permanent mural on the side of the Amherst Cinema building--are at it again, this time with a less ambitious art project dangling in the middle of Kendrick Park: "Amherst Truths."

Oh, if they only knew.

Click photos to enlarge/read

Ghost in the machine

North Whitney Street crossing

I hope the town manager, fresh back from a two week vacation, reads the Amherst police logs as New England Central Railroad made their report twice over the weekend--both times for maintenance issues.

Coincidentally enough the Town Manager is giving an "update on the train derailments" to the Select Board this evening. Spfld Republican Reports

High Street Crossing

Busy Main Street crossing

APD contacted NECR on Sunday afternoon as citizens were complaining the lights and bells had been on for an hour and a half with no train in sight. Again late Sunday night just after midnight another complaint from High Street the next street over for phantom trains setting off the bells and lights.

Well I guess it is better for the alarms to be going off when there's no train a comin' vs not having them go off when a train is barreling through town. I guess...

High Street crossing Monday 10:45 AM with no train in sight

The same mysterious white powder found on Station Road

And our flag was still there

Hard to believe it's been over six weeks since that terrible tornado tore its way through the city of Springfield, surrounding towns and neighborhoods. Here's just one of them--and it doesn't come close to measuring up to the damage inflicted on some others nearby.

A moveable feast

Amherst Farmers Market opened for business today (rent free as always) in a new location, a stone's throw from the old one currently undergoing a six week makeover by our DPW. This parking lot, although a tad smaller, is located more directly in the heart of downtown.

Last November a brief "Save the Market" campaign started on the privately owned town meeting listserve where activist rail at the drop of a hat, and market organizers flooded the Select Board with letters/petitions of concern. Unlike the Boy Scouts selling Christmas trees at Kendrick Park (for far longer than the Farmers Market has been in business) the town would never dream of banning or disrupting the farmers--a prized, protected demographic.

After all, the town seal is a book and a plow.

Cherry Hill: A sucking sinkhole

Despite Finance Committee assurances to Town Meeting that our lackadaisical golf course would produce "a small surplus for FY 11," (ended June 30) Cherry Hill scored yet another losing season costing Amherst taxpayers $40,000, money that could have funded a police officer, firefighter or teacher--a far better use for tax dollars than subsidizing the Rich Man's Game of golf.

According to draft figures provided by Comptroller Sonia Aldrich, Cherry Hill generated $223,538 in revenues on "operation expenses" of $220,140 which are the only two figures town officials ever wish to compare.

Since Cherry Hill requires employees, the hidden human costs--employee benefits--which are paid out of a separate budget totaled an additional $25,230; and business liability insurance $3,300 plus a big ticket capital item: $15,000 to dig a new well to feed the expensive irrigation system. Total overhead of $263,670 on revenues of only $223,538 equals $40,132 in red ink.

In 1987 Amherst absorbed the nine-hole golf course after a developer proposed 134 high-end houses around the golf business, which he planned to donate to the town or UMass Stockbridge School of Agriculture for free. Instead, the town--at the urging of North Amherst NIMBYs-- used the power of eminent domain as an "emergency measure" (thereby making the heavy handed action immune to voter Referendum) costing taxpayers a whopping $2.2 million, the most expensive acquisition in town history.

The golf course operated as an "Enterprise Fund" (tracking all revenues/expenditures) because the business was supposed to cover all expenses--including employee benefits--plus show a profit. After operational losses of over $1 million Town Meeting dissolved the Enterprise Fund status five years ago, allowing town officials to hide costs and issue disingenuous press releases touting "net operating profits."

Nero supposedly fiddled while Rome burned. In the People's Republic of Amherst, town officials fiddle with golf--at taxpayers expense.

Gateway: "Not dead yet!"

I was considering a motion for the next Amherst Redevelopment Authority meeting to use our remaining funds ($30,000) to hire a hitman to take out Amherst Chamber of Commerce Director Tony Maroulis over his Front Page/Above-The-Fold comment in today's Amherst Bulletin: "I think what we came up with for the Gateway parcel is not so exciting." Yikes!

But then I received this email:

Sent: Thu, Jul 14, 2011 11:16 am
Subject: FW: Gateway article corrected quote for blog

My quote was taken out of context within a much larger conversation that was a much more relevant expression of my thoughts on Gateway. I said I wasn't excited about Gateway with the caveat that I said that that money was well spent. Especially since there is consensus around high-density zoning near and around Kendrick Park. The plan was also a rejection of the status quo, which in the end, even if we don't get what I think is exciting is a big step in the right direction.

I also made a lot of salient points about people insisting change is bad, expressed so within the article by Louis Greenbaum. Change is always happening, and we need to make some changes to be the best college town in America.

The project's legacy will be long felt, I believe, even if nothing is constructed on the parcel right away. People acknowledged what's there now is not acceptable, which suggests to me something MUST happen in the future.

Tony Maroulis

##################################

The Bully Reports

The article also makes it sound like the ARA is limping off into the sunset, dejected and defeated. Hardly. At our most recent June 30 meeting the ARA unanimously voted to accept/endorse the plan/concept/vision put forth by our consultant Gianni Longo, and to continue as the lead agency to promote the mutually beneficial partnership with UMass for the development of the former Frat Row, two acres of exceeding prime, open, shovel-ready, property.

Straight line through a round circle

Looks like somebody forgot to go round the UMass roundabout intersection at Eastman Lane/North Pleasant Street. Could have been one of those late Friday/Saturday night kind of things. Let's hope that driver stays away from the two new roundabouts at Atkins Corner when they come on line two years down the road.

Walls do a prison make

Pioneer Valley Chinese Immersion Charter School: clueless in Hadley

What a dramatic difference in response to incidents of solitary confinement enforced on a child at the Pioneer Valley Chinese Immersion Charter in Hadley last March vs. the "handfull" of times the "pink room" was used at Old Mill Pond Elementary School in Palmer last winter.

After an anonymous complaint sent to the state from a "group of concerned grandparents" about the "prison-like" conditions imposed on 5-9 year old children, the state then demanded to see investigation results and any corrective action implemented.

That corrective action did not take long! The School Committee Chair (probably overstepping her authority) immediately told the Principal to remove the locks and doors on the three cells, errr, I mean"cubbies."

The interim Superintendent stated the public school has "disbanded" use of the rooms (which had a 15 minute maximum time limit for use) and the new principal readily agreed.

Meanwhile back in Hadley at the PVCIC, the two highest paid "public" employees, Principal Kathy Wang and Executive Director Rich Alcorn, who just happen to be married, closed ranks and defended placing a 9-year-old boy, unattended, in a small room...for seven and a half hours!

Even worse, defended their business, errr, school by blaming the victim--branding him a "bully."

In fact, the child was himself the victim of bullying in a bathroom when he pushed another child out of the way to escape. The seven-and-a-half-hour sentence, errr, "in-house suspension" was imposed the next day and without any parent notification either day, even though the mother dutifully dropped off and picked up the boy daily.

Department of Children and Families found the actions of the 3rd grade teacher and principal rose to the level of "neglect," and according to the school's own handbook they were automatically suspended...but quickly reinstated by a unanimous vote of the School Committee, errr, "Board of Trustees", probably with back pay for the week missed.

I say "probably" only because a public documents request for Executive Session minutes of that June 13 meeting was denied by the school's attorney on the grounds it was a "personnel" issue. That decision will be appealed to Public Records czar Alan Cote.

Since Charter Schools upper management--Principals and Superintendents, errr, "Executive Directors"--have nonexistent job qualifications compared to the traditional public school system, could it be the lack of educational training that directly lead to such different outcomes?

Traditional Public School Administration requirements (note 7.09, 7.10)

Charter School Administration requirements (note there are none, other than "staff".)

The Springfield Republican reports:

The Town Strikes Back

Town officials are really starting to understand the power of the web. This just posted on the town website:

Town Files Papers to End Anti-Solar Project Lawsuit

In its Answer, the Town is asking the Superior Court to dismiss the suit.

"Our attorneys believe this lawsuit has no legal merit. This is a strong project that received overwhelming support from the Select Board and from Town Meeting and it has widespread support from the community at large," said Town Manager, John Musante. "Discussions with the Department of Environmental Protection are ongoing, and the project will proceed only if the Town has fully satisfied all DEP requirements."

The Town must seek permitting approval from the Massachusetts Department of Environmental Protection and from the Town of Amherst Zoning Board of Appeals.

"Some neighbors have concerns about the project, and I continue to reach out to them. Later this month, I will invite them to sit down with me and other Town officials to discuss mutually beneficial ideas about ways we can address those concerns through setbacks, buffers, and other measures," said Musante.

Town Counsel Joel Bard added, "We hope the neighbors will be willing to resolve their concerns with the Town. We think it’s clear, however, that the case should be dismissed and we will be making that argument to the court." -

Atkins North?

Atkins Country Market

Informed sources--a giant leap up from rumor--inform me that Atkins Country Market, a South Amherst destination spot founded in 1887 is, finally, considering expansion via an additional location: the 14,400 square foot former Cowls Sawmill building in North Amherst, hence the designation Atkins North.

Since the sawmill building was constructed in 2004, after the original burned down from a lightening strike, and was built to be wide open with town water/sewer and sprinklers, the transition to retail is pretty much turn-key.

The building and surrounding acreage is zoned business so the change in occupancy will only require "site plan approval" by the Planning Board--far easier than a zoning change which requires a two-thirds vote of Amherst Town Meeting, an entity never know as business friendly.

By far the busiest business in South Amherst and top-ten town employer overall, a North Amherst Atkins operation would create bookend anchors for the entire town and attract new customers from far and wide--especially from up north. Daytrippers attracted to Yankee Candle--a tourist magnet in South Deerfield--would be tempted to make the short hop down to North Amherst.

With the Gateway corridor project--a joint effort between UMass and the Amherst Redevelopment Authority on the northern end of town center--reaching a critical point for a go-or-no-go launch decision, this positive development only a half mile on the other side of campus will clearly compliment the vision for a mixed use signature project on the former Frat Row.

North Amherst Center

Cowls Building Supply