Hot Time on Ye Ol' Landfill

Now discredited concerns over red staining around the old landfill

On what would have been a great day to generate electricity via a solar farm, Amherst's Sustainability Coordinator Stephanie Ciccarello braved the hot weather, mosquitoes, and ticks to provide an educational hike across the wide open, unshaded old landfill for a presentation to nearly 40 residents on the proposed solar energy farm.  NIMBYs proved to be the bigger nuisance, however.

 Old Landfill provides wide open flat terrain (and a nice view)

In spite of repeated assertions that she did not want "to get into a political debate," nearby neighbors came to the event loaded for bear. Constant sniping about fencing,lighting, noise, and weight on the landfill cap gave way to a full on assault as one gentleman, his voice rising, branded the proceeding "propaganda" and then invoked his Viet Nam service to remind the crowd of the memorable line, "Sometimes you have to destroy the village in order to save it."

He then stormed off with a few angry folks following close behind, reminiscent of the very first public hearing the town promoted just over a year ago. The remaining crowd gave Ms. Ciccarello polite applause.

Stephanie Ciccarello (center with back to camera, white hat) answers question for Dick Stein retired UMass professor

Town Manager John Musante won by an overwhelming Town Meeting vote the right to negotiate a 30 year deal with Blue Wave Capital for a solar array potentially generating $1 million annually to the town while significantly reducing our carbon footprint. Blue Wave has also agreed that 25% of the workforce related to the construction of the site will be from Amherst.

Musante recently stated the lucrative deal was "inches from the goal line".

NIMBYs of course specialize in goal line defense.

####

Meanwhile on Sunday, not far from this heated public gathering, the South Amherst Congregational Church voted unanimously to install solar panels on their roof "in order to send a statement that we are stewards of the land ..."

South Amherst Congregational Church

Pancakes and Memories

 A long line awaiting pancakes at Mill River Recreation Area

Cloudy threatening skies did not dissuade an army of hungry (off duty) town officials, local business owners, developers, North Amherst neighbors and recreation lovers from across the Happy Valley to turn out in droves for the Puffer's Pond Pancake Breakfast fundraiser.  In fact hundreds more than expected were in attendance, said to be the biggest turnout in the 20+ year history of the event.

Maybe it was the recent North Amherst Village Center rezoning issue that played out so heatedly on the floor of Amherst Town Meeting last month as both proponents and staunch opponents came together although usually at different picnic tables.

Or it could have been the memorial service for Stephen Puffer Jr. which attracted a hundred friends, family and admirers of the town institution who passed away last December, at the grand old age of 97.

Either way, the event brought together a significant cross section of the town's eclectic movers and shakers while raising significant money to help polish a recreational jewel. Not bad for a cloudy Saturday in June.

Photo collage of Stephen Puffer's life intertwined with Amherst history

 
 Symbols of past jobs: construction,bus drive, Amherst Fire Department volunteer

 

Mr Puffer drove an antique truck before it was an antique

Amherst  250th Anniversary Parade Co-Grand Marshalls:Stan Ziomek, Steve Puffer (center), Barry Roberts 9/27/09

In 2008 Mr Puffer was honored on the floor of Amherst Town Meeting for serving on Public Works Committee for 19 years, not to mention 66 years in town meeting

A Day of Mourning

Amherst College Chapel Hill

Thousands of fellow officers--including 15 from Amherst Police Department, UMPD and Amherst College-- descended on Springfield to show solidarity to a fallen brother, creating a solemn sea of blue, spread out under equally blue but fickle skies.

Governor Patrick ordered the American flag to half staff, so hopefully citizens across our commonwealth were reminded--as they went about their business--that officer Kevin Ambrose was simply going about his routine when he gave the last full measure of devotion.

Over thirty six years on the job, officer Ambrose responded to an uncountable number of calls for service.  But all the training and experience built up over that many years was not enough to avoid a split-second moment when bad luck collided with evil intent.

Springfield Police badge in mourning

Even more depressing, this awful occurrence is far from unique.

Springfield Sunday Republican commentary

Amherst Post Office 

Legal Dynasty Reestablished

So apparently Superintendent Maria Geryk changed her mind about using Executive Session for the Amherst Regional School Committee  to coronate, errr, I mean rehire Giny Tate, errr, I mean Murphy, Hesse, Toomey and Lehane as ARPS Special Education Legal Counsel after Fred Dupere suddenly resigned earlier this week (although he is still on the payroll until June 30).

The vote was unanimous except for Amilcar Shabazz who abstained.  Voting in favor:  Katherine Appy, Rick Hood, Lawrence O'Brien, Michael DeChiara, Kip Fonsh, Deb Gould.  Annemarie Foley and Rob Spence were Missing In Action.

Ms Tate is now General Counsel for the School Committees and administration as well as Special Education Counsel, a job she was terminated from by a 5-4 Regional School Committee vote on 9/22/2010.  Her most recent Special Ed case, which concluded in March, cost taxpayers just over $40,000 in legal fees. The Bureau of Special Education Appeals found in favor of the pro se (lawyer less) parent.

Interestingly the case would have cost taxpayers twice that in legal fees if the parent had used a lawyer.  Maybe Shakespeare was right...

D-Day at ARPS

 

This afternoon at 4:30 PM Superintendent Maria Geryk and her inside circle of high level (highly paid) administrators will retire to the superintendent's conference room for an important pow-wow with the Amherst Regional School Committee to secretly discuss in executive session the sudden resignation of Special Education Legal Counsel Fred Dupere and, presumably, decide on a replacement, presumably, Gini Tate.

Since the current 9 member Regional School Committee is now different by two easy going Amherst members, the previous (9/22/2010) 5-4 vote to fire Gini Tate as Special Education Counsel can easily be overturned.  And probably will be.  In spite of her recent failure.

Remember that special education case she was grandfathered on to continue litigating (at $220/hour) because according to Regional School Committee Chair Rick Hood, " 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 Murphy Hesse Toomey Lehane (Tate's lawfirm) was already deeply involved in a case it was thought best (and less expensive) to keep MHTL on it."

Hmmm...since issuing that statement Gini Tate ran up over $40,000 in Special Education legal services on the case; and guess what? She lost! If Tate was such a great attorney how is it she gets beat by a pro se parent without a law degree? Goes to show how egregious the case was against the schools--and any good altruistic attorney would have counseled their client to that affect.

It's a simple rule really, one that should especially resonate in Amherst:  War is seldom the right answer.

Special Ed Parent Advisory Council recommendation:  Anybody BUT Gini Tate!

It's a bird, it's a plane...

A Chinook model CH47 military helicopter  made an emergency landing safely in a big old field in Hadley last night. The copter is based at Bradley Air National Guard Base in Connecticut and operated by the Connecticut Army National Guard.
 

The big bird was on a routine training flight and fortunately managed a safe landing near the busy commercial malls nearby.  Today by the way, marks the 68th anniversary of D-Day.

After landing the helicopter was safely secured

Helicopter view from the bike path

Bye bye Birdie 1:10 PM

Another Major School Shake Up

Fred Dupere, Special Education Counsel for the Amherst Regional Public School system since December, 2010 resigned suddenly, effective June 30.  According to a statement sent out by Interim Director of Student Services Jo Ann Smith, "He indicated that his decision is based upon his current work commitments with other clients in his practice." 
  
In other words he was doing w-a-y more work than expected for a lousy $3,000 month retainer.



The Regional School Committee has scheduled an emergency meeting executive session this Thursday at 4:30 PM at the Regional Middle School with Superintendent Maria Geryk in her private conference room.  How cozy.

Dupere replaced Gini Tate (terminated by a 5-4 Regional School Committee vote on 9/22/10) who stayed on as attorney for all other legal matters at $220/hour.  Well, except for a case or two that she started concerning special education. Those she continues to litigate even though Dupere could have handled them for no additional costs.

In fact, over the first three quarters of this fiscal year--even though fired as Special Education Counsel--Ms. Tate has been paid twice as much as Dupere for her Special Ed services billed to the Regional School District:  $42,472 vs. Dupere's $18,684.  In addition Ms. Tate raked in another $15, 000 for school committee consulting and an addition $32,000 for Human Resources.

Since Ms. Tate is a long-time friend of Superintendent Geryk, and since she already occupied the position of Special Education Counsel--and in fact never really ceased doing it--safe bet she will be the top name on a (very) short list of potential candidates.


Let the coronation commence.

An Inconvenient Truth

When the $6 million Atkins Corner double roundabout construction project finally finishes late this summer the current resulting traffic snafus will quickly fade into a distant memory.  Over the next few weeks, however, they will be as fresh and raw as the fruits and vegetables sold at everyone's favorite local destination spot, Atkins Farm Country Market.

Friday marked the first day of 'The Big Detour' and things went about as well as could be expected considering the magnitude and location of the disruption.  Atkins manager John Thibbitts confirms "a few customer complaints" but the iconic store is doing additional in-store promotions, Facebook updates, and old fashioned print advertising to offset the current less-than-ideal conditions and to keep loyal fans coming back for more. 

Neighbors near the main Hampshire College main entry on RT116 called Amherst police Friday afternoon as a "distraught, very angry and disoriented blonde lady" seemed to be having a nervous breakdown over the blockade.

Still, no accidents or major incidents.  Or...no news is good news.

 

One of the two roundabouts is up and running

 

Work continues on the second roundabout at Bay Road intersection

 

Meanwhile, some bright news for Atkins: the solar array is now fully operational

 

From tiny acorns grow...

Four mighty oaks line west end of Kellogg Avenue (far left one cannot be saved)

Tree Warden Alan Snow will use a borrowed resistometer later this month to test the structural integrity of all the old trees along Kellogg Avenue.  But safe to say he has already decided the one closest to Rao's Coffee Shop--subject of a tree hugging Letter to the Editor in last week's Amherst Bulletin--will become kindling before summer turns to fall. 


Nobody seems to know exactly when they were planted, but guestimates are almost 100 years ago--so these statuesque specimens are barely middle aged.  During the freak October Halloween snowstorm one just down the road came crashing down almost hitting Ann Whalen Apartments, housing elderly, disabled and low income families.

33 Kellogg Ave

Last month Town Meeting approved borrowing $612,000 for 2,000 trees to be planted over the next three years. The cycle of life continues.

 Out of 16 pin oaks lining Kellogg Ave, at least three are slated for removal

Bad Day for Public Safety

Springfield Police badge in mourning

The city of Springfield is in mourning for veteran police officer Kevin Ambrose, gunned down in the line of duty.  Not since 1985, when partners Alain Beauregard and Michael Schiavina met a similar fate, has such sorrow gripped the City of Homes. 

And like that long ago but long remembered incident, today's tragedy was also a cold blooded ambush, where the perp avoided justice by killing himself. So very senseless.  So very cold. 

Once again we are all starkly reminded how precious is life.   And that those who wear the blue uniform risk everything to preserve it.  Including their own.

AG Rebukes Regional School Committee

Maria Geryk (far left) Amherst Regional School Committee to her left

A six-month investigation by the Massachusetts Division of Open Government found the Amherst Regional School Committee did indeed violate the Open Meeting Law at its November 22, 2011 public meeting--but not for the technicalities I cited in my complaint.

At the very end of a three hour Regional School Committee meeting Amherst School Committee (who make up the lions share of the Region) Chair Irv Rhodes moved to go into executive session, "never to return." The motion is never properly seconded and no mention is made of why they are going into executive session other than the brief announcement three hours earlier at the start of the meeting by Regional Chair Rick Hood.

The Attorney General found, "While the Committee announced a valid reason for entering into executive session, the Committee violated the Open Meeting Law by discussing matters in executive session that were not appropriate given the stated purpose."  And the AG points out sternly, "This is not a mere technical violation."

Interestingly the casual indifference to protocol displayed by this nonchalant executive session is consistent with the infraction that got them in trouble with the Attorney General.  In fact, even after I filed my official complaint the arrogant attitude continued as they failed to properly respond to the Attorney General, which is duly noted in this official four page finding.

The Amherst School Committee now has two new members--Amilcar Shabazz and Lawrence O'Brien--and Rick Hood will be stepping down as committee chair later this month, so perhaps things will change.

Adhering to the principles of honest open government helps to build trust.  And trust in your local government is like money, education or good health--you can never have too much of it.

AG Amherst Region Violation
Already having an impact. Most recent agenda posted to town website:

Thursday, June 7

RECEIVED: 6/5/12 at 12:27 pm. MEETING TIME: 4:30 pm. LOCATION: Amherst Regional Middle School, Superintendent's Conference Room. LIST OF TOPICS: Enter Executive Session to discuss strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel as authorized by MGL Chapter 30A, Section 21(2), with no intention to return to open session.

Ghost Bike in Hamp Center

 Ghost Bike Northampton Center

A ghostly reminder of the  tragic crash that took the life of 18-year-old Harry Delmolino, a Hadley resident, appeared recently at the Pleasant/Main street intersection in the heart of Northampton, only yards from the exact spot where the car/bike collision occurred.  A battle the car always wins.

Ghost bikes are roadside memorials set up near the site of a fatal accident that has claimed the life of a cyclist.  In Amherst a ghost bike appeared on University Drive near the location of the crash that killed Misty Bassi.   Misty was killed on Memorial Day 2009 by a distracted driver on the wrong side of the road.

Another Ghost Bike appeared on Montague Road to commemorate the 9/12/09 hit and run death (never solved) of Blake Goodman.  Amazingly the bike was later vandalized by two young men wielding axes.

Gone Like the Wind

Trolley Station on North Pleasant Street, built 1911 destroyed 5/29/12

So I can't help but wonder if this inappropriate demolition of a historic structure is a reenactment of the murder of Thomas Becket by King Henry's stooges, who thought his highness had officially ordered it.

On Tuesday a construction crew trashed the historic little gem that state officials in Boston wanted to preserve for a while longer but local UMass officials made perfectly clear they wished it gone, gone, gone.

 Gone without a trace

Interestingly, the dirty deed happens soon after thousands of students--potential witnesses-- leave campus and hidden from view by a new fence.  The first time UMass tried to demolish it back in 1994, a faculty member blew the whistle--thus giving the structure a long reprieve.

Coincidentally enough this unauthorized destruction occurs only weeks after Amherst Town Meeting showed strong support for maintaining the integrity of historical structures by overwhelmingly passing the Dickinson Historical District zoning bylaw.

Yes, our local Historical Commission had requested this particular building be preserved but they have no authority over UMass, thus they could not issue a one year demolition delay.  And even if they did issue that official restraining order, this despicable deed was supposedly done independent of owner (UMass) oversight.

Said historic preservation pit bull Joseph Larson, "Contractors can sense this indifference and are more likely to misbehave." Indeed.

Amherst Tastes Just Fine

A banner that makes you hungry hangs over downtown Amherst

So Amherst may have lost a traditional, fun, family-oriented 4th of July Parade that attracted throngs of celebratory people to the downtown, but another quaint tradition is alive and well:  The Taste of Amherst.

Yes, Northampton--a mecca of fine dining--may have given up on the culinary crowd source concept but Amherst is still going strong...20+ years and counting.  This year 23 restaurants will be offering their favorite wares:  great affordable food, served quickly and conveniently on compostable plates.  Sustainable Amherst gets greener by the day.  

In addition to a potpourri of fine foods the Taste also provides that adult favorite, beer.  Local institutions Amherst Brewing Company and Rafters will provide craft brews served by friendly barkeeps.  While WRSI, "The River", will provide music from a remote soundstage with live bands scheduled  throughout the four day event.

Kids will love Magician Fran Ferry (who will conjure up perfect weather) and all the cute critters from the Forest Park Zoo.

Beer, music, food and a boatload of happy people clustered in beautiful downtown Amherst.  I can't think of a better way to spend Father's Day.

Hours for the Taste of Amherst, sponsored by Atkins Farm Country Market, are Thursday, June 14, 5-9pm; Friday, June 15, 5-10pm; Saturday, June 16, 12-10pm; and Sunday, June 17, 12-4pm.

Hazard in the Hole!

Ladder Truck #1 flanked by specialized hazardous response vehicles

Any good successful boxer will verify the importance of proper training; and when your life or the lives of innocent civilians are potentially at stake, training is all the more imperative.

On Wednesday the regional HazMat team met at North Station for their monthly training session where they did a walk through of UMass buildings--Central Heating Plant, labs, etc--and then participated in a simulated event.

Amherst Fire Department has four members who participate in the Western Massachusetts Regional Hazardous Materials Team, including Chief Tim Nelson who is a district team leader.

Fade to Black

Amherst July 4 Parade 2002-2012

They say you don't really appreciate something until it's gone. Especially those service oriented endeavors you learn to rely on as part of a favorite routine--a funky restaurant, a comfortable health club or a one of a kind movie theatre.

Sadly, we will soon find out if a good old fashioned patriotic parade makes your list. Because this July 4th--for the first time in ten years--downtown Amherst will not host an endless line of slow moving firetrucks, police cars, construction trucks, tractors, marching bands, floats, veterans, cheering crowds and more flags than Amherst sees all year.

The last town sponsored July 4 Parade stepped off in 1976. After a 26 year hiatus and as a direct response to the horror of 9/11, Kevin Joy reconstituted a private July 4th Parade Committee to put on a family oriented extravaganza while giving public thanks to our public servants--police, fire, EMT, and military.

And since 2002 the parade committee has done exactly that. But from the very beginning the committee was harassed and bullied by the town because the rules of the parade called for a celebration, not a protest.

In 2008 then town manager Larry Shaffer arbitrarily decided the town would run a 7/4 parade and the private committee would not be issued a permit.  As you can see, I did not take that very well. Neither did the ACLU, and the town quickly backed down.


Last year with a new town manager and normalized Select Board, for the first time in our short history there was no controversy--no mention of anti war protests one way or the other. Like all the previous years, the parade itself went off without a hitch.
So why surrender now?  Costs mainly.   The entire committee donates their labor but the bands,insurance, police, and a dozen other items amounts to serious money.  Plus fundraising is never easy--especially in this economy.

Besides that we're tired.  And now, sorry. So very sorry.

The Springfield Republican reports

####

Sent: Thu, May 31, 2012 9:55 am

Hi Kevin, Helen, Larry and others --

I just wanted to tell you how sorry I was to hear from Scott Merzbach yesterday that the parade won't happen this year.  You all have done such an amazing job with that and made it a special part of the July 4th events.  It's hard to imagine that day without it.  I will miss it, as will so many others, and I hope it can come back next year.

The work it takes to make the parade happen is incredible -- and beyond what most of us probably imagine.  The careful organization of the whole thing, particularly the check-in and set-up by Amherst College, and how smoothly that runs, has always been so impressive to me.  An enormous task that you all made run like clock work!  (Scott's article today is erroneous in suggesting I said it may not be too late for others to put together a similar parade -- I don't think that would even be possible.  My comment about "maybe it's not too late" was my reaction when he told me that you couldn't raise enough money for this year.)   Your attention to the logistics of it all made for such a professional and well-run event.     

Thank you for your work on this for all these years!  It has brought happiness to so many!  

Stephanie O'Keeffe
Chair, Amherst Select Board

Stephanie's dead on observation from four years ago

July 4 Parade Thanks 2005

One last time, into the fray

Shutesbury:  Where the welcome sign is not the only thing frayed

The back-and-forth in the sad saga of the Shutesbury library vote is enough to give an observer whiplash.

With the June 30 deadline looming for the town to accept a $2.1 million state grant, the Supreme Judicial Court last week refused to hear an expedited appeal of Judge Rup's decisive decision to throw out two previously counted yes votes of attorney Michael Pill's grown children thus bringing the (never say) final vote to 522 "no" to 520 "yes" in the $1.4 million override request required to match the state grant.

Originally library proponents had filed suit against the Board of Registrars requesting the court, "Order the defendant Board of Registrars not to count the votes of Richard and Joan Paczkowski, or in the alternative if the Paczkowski votes are to be counted, then order the defendant Board of Registrars to count the vote of Christopher Buck."   Either of those two alternatives would have changed the outcome of the library vote from a failure to passing.

Instead Judge Mary-Lou Rup not only upheld the Board of Registrars decision to allow the challenged Paczkowski votes but then she went a step further and negated the votes of Shoshana Holzberg-Pill, and Jacob Holzberg-Pill.  To date the only negated vote that now seems unchallenged is that of Christopher Buck, who signed a legal document (license) in Kentucky, where he has been  employed full-time for the previous two years, clearly stating Kentucky is his sole legal domicile for voting.

Since town attorney MacNicol is now being so accommodating there's probably enough time for "direct appellate review" by the appeals court of Judge Rup's decision, which most experts believe will be upheld.  By then, however, the June 30 deadline will be at hand and no compromise possible between the opposing sides to get a piece of the $2.1 million state grant.

The picturesque M.N. Spear Memorial Library

The year (1923) Babe Ruth broke the record for all-or-nothing home runs, he also lead the league in strikeouts.  Those who fail to learn from history...

Conservative Values

Governor Deval Patrick addresses large crowd at formal  Paul C Jones Working Forest dedication ceremony

When Cinda Jones throws a party,  a who's who of federal, state, and local officials come to dance--no matter how hot and humid it may be.

Retiring Congressman John Olver directly thanks Cinda Jones for her conservation efforts 

Large crowd of conservation minded officials and friends of the Cowls family

Under a blazing sun blocked by a large white tent nestled on the side of a country road, Governor Deval Patrick and a wagon train of federal, state and local officials came to dedicate the renamed (from Brushy Mountain) Paul C Jones Working Forest, a 3,500 acre (5.4 square miles) swath of God's green earth.

Representative Ellen Story Senator Stan Rosenberg 

Last December, after four years of negotiations, the state paid the W.D. Cowls Co--the largest private landowners in the state--$8.8 million for the development rights to the scenic property.  Cowls will continue to log the land and act as stable stewards, as they have done for the past 125 years.

Paul C. Jones Working Forest

The entities who made it happen

Representative Dan Winslow R-Norfolk (an Amherst native)

Governor Patrick applauds Cinda Jones

No Conservation event is complete without Smokey Bear 

Retiring camera maestro Gordon Daniels gets the shot 

The Official Press Release


Springfield Republican reports

 A previous heartfelt tribute to Paul C. Jones

Party House of the Weekend

807 Main Street, Amherst

At the risk of being branded a bully I still gotta ask, "What were these Nitwits thinking?!"  Just what you need in the neighborhood: noxious fumes from old mattresses with God-only-knows-what having stained them.

According to APD logs:

  

RP passing by (1:00 AM early Saturday morning) reporting a large outdoor fire, AFD enroute.  Large fire with trash and mattresses being burned.  Citation issued for unpermitted burn to one of the tenants at the address.

Milo S Newman, 807 Main Street, Amherst, age 22, Open Burning without a permit