DUI Dishonor Roll

Last weekend APD took five (5) impaired drivers off the road -- one of them, Carlos Saravia, age 27, now a third time offender.  Keep your fingers crossed this coming weekend, with the Blarney Blowout.  Or better yet, stay off the roads.

   Amherst DUI

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   Amherst DUI

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   Steven Laing Combined

 

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Foot In The Till?

Amherst Youth Soccer

The Amherst Police Department is investigating bookkeeping irregularities reported to them by the Amherst Youth Soccer Association.  Either cash disappeared or membership checks were written to an individual and the amount never showed up in the AYSA bank account.

The Director of Coaching and Player Development during that time was Chris Streeter.

   Amherst Youth Soccer PD Issue

What's Yours Is Mine

 40 Dickinson Street, Amherst 

Amherst Town Meeting will weigh the taking of private property by eminent domain this coming session after citizens petitions were filed by yesterday's noon deadline (only requiring the signatures of ten registered voters).

Amherst College, the largest landowner in Amherst, recently purchased the Classic Chevy building on Dickinson Street, adjacent to some of their holdings, and the College plans to continue using it as a garage for their large fleet of vehicles.

The building was assessed at $548,200 and sold for $474,000.

   Take Classic Chevy

Problem is the building now comes off the tax rolls since it is owned by a tax exempt educational institute and therefor will not pay a little over $10,000 in property taxes this year (or any year hereafter).

A few years back Amherst College also purchased the Fiber Arts Building in the downtown and removed that from the tax rolls as well (formerly paid $16,000 in taxes).

But Amherst College is also the #1 taxpayer in town for all the houses they own and rent to professors, as well as the commercial Amherst Golf Course and Lord Jeff Inn, paying roughly $500,000 this year.

And on top of that they will "donate" to the town $90,000 (for AFD protection) and another $75,000 to the Schools.

 Echo Village Apartments

Activists also want the town to take Echo Village Apartments, 24 units of formerly affordable apartments purchased last year by Jamie Cherewatti for $3 million (along with an office complex).  The property is currently assessed at $1,795,000 so it pays the town roughly $35,000 in taxes.

If Town Meeting approves an eminent domain article, which requires a two-thirds vote, the Amherst Select Board still must approve the taking by a majority vote.

   Take Echo Village

No Drones For You!

Look, up in the sky!

Amherst Town Meeting will tackle the high flying issue of a drone ban for all town departments via a citizen petition filed yesterday before the noon deadline.  

Amherst Police Department seems to be the focus of their attention, as if APD is in the habit of taking down perps without due process.

I wonder what's next, banning the use of binoculars? Or how about the Massachusetts State Police helicopter?

Chief Livingstone confirmed that APD has "no immediate plans" to use drones and then adds jokingly, "I can't afford them."

   Drone Ban Bylaw

Amherst To Set Domestic Policy?

Current Minimum Wage in Massachusetts is $8/hour, Federal rate is $7.25

Tracy Kidder once famously said of Amherst that we are the only town "to have its own foreign policy."  Well on March 19 Amherst Town Meeting could set a domestic policy not normally within the purview of local town government by passing an ordinance requiring a $15/hour minimum wage anywhere within the confines of our 27.8 square miles, surrounded by reality.

Since 200 registered voters signed the petition the Amherst Select Board had no choice but to call the Special Town Meeting, although SB Chair Stephanie O'Keeffe called it "very unusual."

The idea is the brainchild of UMass Grad Student Matthew E. Cunningham-Cook.  Originally he was going to run for Select Board in the 3/25 election but became preoccupied with collecting signatures for this Special Town Meeting.

Although it does sort of fall within his educational field of study at the UMass Labor Center.

Spring is a very busy time with the town election on March 25 and the annual Town Meeting starting April 28.   Some of the Select Board members wondered if this March 19 Special Town Meeting would get a quorum -- especially since it's only for one issue.

Without a quorum the article is defeated, as there would be no "do over."

Amherst small business owners would breathe a sigh of relief, as laying off workers can be stressful.  Although small business owners in neighboring towns would perhaps be disappointed. 

Amherst to hold Special Town Meeting to vote article calling for minimum wage in Amherst of $15/hr.  Activist collected 200 signatures.
— Larry Kelley (@amherstac) March 4, 2014

Targeting Blarney Blowout 2014

Hide the women and children on Saturday, March 8

Last year UMass made a monumental error not being proactive about the childish Blarney Blowout.  They failed to send out stern warnings to students and parents because they were afraid it would only add to the allure of the Blarney Blowout while providing it tons of free publicity.

Obviously the small minority of college aged youth who were going to engage in rowdy behavior that day were already well aware of the event, and perhaps took the absence of official notice from UMass as being a sign the University didn't really care.

Amherst town officials were infuriated, leading to some of the more terse exchanges in recent history.  But everybody put aside their differences, and Amherst and UMass are now working closely together via the Town Gown Steering Committee to help navigate a calmer course for the two superpowers over the next few decades.

UMass also learned from last year's mistake.  Enku Galaye sent out the following email to staff, students and parents.  The UMass employee who just forwarded it to me said he "can't recall ever getting a letter like this before."

Speaking of childish:  With defenders like this ...

Blarney Blowout Letter by larry_kelley_1

Maybe we can get UNH to issue a warning to their students! 

Favorite this if you're going to Blarney Blowout at #zoomass this weekend. We all need to meet and represent!  #WildcatNation
— UNH_Confessions (@UNH_Confessions) March 5, 2014

Just Another DUI

 "There's a killer on the road ..."

While I wait for Eastern Hampshire District Court to get me the "Statement of Facts" Public Documents I requested for APD's  Driving Under the Influence arrests -- all five of them -- over this past weekend in our little "college town," here's one from last week I almost missed because it was a State Police officer who made the arrest.

Safe bet State Police will be out in force this coming weekend for the Blarney Blowout.    

   MSP Arrest Amherst DUI

DUI Dishonor Roll

By refusing to take the legally admissible breath test back at APD headquarters Frank J Dellaglio, age 32,  will be absent from the driver seat for six months .  All evidence indicates he was impaired -- especially the "Portable" Breath Test he took in the field showing him well over the .08 limit. 

But in Massachusetts the Portable Breath Test cannot be used as evidence in court; and a refusal to take the legally admissible (non "portable") breath test back at the station also cannot be used in court, although that automatically brings a six-month license suspension.

But if he should win his case in front of a judge or jury -- and with the PBT results and refusal to take the real breath test both inadmissible -- that likelihood is a tad higher, then his license is immediately reinstated.

Massachusetts needs to get serious about prosecuting drunk driving laws by allowing the state to use the results of a PBT (just tell the judge it's kind of like Twitter -- not 100% infallible) and also to allow the refusal to take the fancier chemical breath test back at the station be admissible as evidence.

 

Blarney Blowout: Another Eruption?

Blarney Blowout 2014 (3/8/2014)

From: Larry Kelley 
Date: Tue, 25 Feb 2014 17:16:28 -0500 
To: UMass and Amherst town officials

Subject: Blarney Blowout FYI 

So just like last year around this time I'm now a getting a tidal way of hits over the past day or two from individuals doing a search using the term "Blarney Blowout 2014" or some variation on that theme. 

And no, it's not coming from some kid who posted a link to my latest Blarney Blowout diatribe on Reddit or Facebook. 

These are from individuals taking the time to enter the term into a search engine.

I'm talking somewhere in the range of 500 individual searches in the past 24 hours. That is a LOT. And NOT a good sign. 

Larry

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Larry -

Thanks for your email, I have been watching the Blarney Blowout Twitter feed for a few days and have noticed an increase in activity so I am not surprised that you are seeing an increase in traffic as well.

A few weeks ago, we had a meeting with officials from the Town to discuss plans for this off-campus event.  UMass is doing a number of things, including preparing messages to students and their parents about the consequences of negative behavior off campus as well as targeted communications to students living in apartment complexes, especially in North Amherst.

We have also been sharing information about Blarney t-shirts which include our logo or the Minuteman with our Licensing Office, as these t-shirts may be in violation of licensing agreements.

I noticed that one of the Facebook pages has already been shut down.  In addition, our Dean of Students office is reaching out to the students involved in these entrepreneurial activities to inform them about the consequences of creating an environment that leads to incivility.

On the day of the event, the UMPD stands ready to help APD and will have officers dedicated to this effort.

The campus is being and will continue to be proactive in messaging about behavior and in shutting down inappropriate activities where we have the ability to do so.

Thanks,

Nancy

Nancy Buffone
Executive Director, External Relations and University Events

 Blarney Blowout coverage more than doubled unique visitors last year

Blarney blowout could rank as one of the most overrated events ever.. Buncha people standing in the cold just yelling and throwing things

— Peter Renda (@P_Renda831) March 2, 2014
 

Too Many Cooks Spoil The Region?

 RAWG:  Three members per town (Amherst, Leverett, Pelham, Shutesbury)

Although they didn't click their ruby red shoes three times while chanting magic words, the 12 member Regional School District Planning Board magically became the Regional Agreement Working Group on Saturday morning, now an official sub-committee of the 9 member Regional School Committee.

The front line Dirty Dozen has been meeting for two years trying to craft a plan to expand the four town Region from grades 7-12 all the way down to kindergarten.  Both the Regional Middle School and Regional High School are physically located in Amherst, and our town makes up 88% of the region by population.

The other three towns -- Leverett, Pelham and Shutesbury -- makes up the remaining 12% of the Region.

Thus Amherst is a very large dog with a very small tail.




Proportional representation on the new Regional School Committee (if the notion of the expanded Region should receive support of three out of four Town Meetings) will be a major issue, as Amherst should have the vast majority of committee make up.

But the three Hilltowns can be a tad ethnocentric, and at least one of them points to the divisive years when Amherst School Committee member Catherine Sanderson tried to bring positive change to the sacred cow education system and was gored in the upheaval. 

Amherst Select Board member (and former long-time School Committee member) Alisa Brewer has agreed to temporarily replace Andy Steinberg as Chair of the committee so he can have more time to campaign for Select Board in the upcoming March 25 election. 

During public comment Amherst Town Meeting member Janet McGowan pointed out none of the current 12 committee members has children in the elementary schools and perhaps the committee should be expanded to include those important stakeholders. 

The group hopes to have a proposal crafted  and sent to the Regional School Committee by the end of May.  Once approved by a two-thirds vote of the Regional School Committee the new entity must then be approved by three out of four Town Meetings, optimistically speaking, in the fall.

Sharing The Burden

 John Musante bottom left, School Superintendent Maria Geryk right, Sean  Mangano standing (Rob Detweiler's, err, replacement)

Amherst Town Manager John Musante made it perfectly clear which method of financing he prefers to fund the Regional Schools next Fiscal Year at the Four Town Meeting of the Regional Schools Saturday morning.

The four member towns -- Amherst, Leverett, Pelham and Shutesbury -- use their own modified system (more complicated than the IRS tax code) based on a rolling average, called the Regional Agreement Method.

And every year -- because of a "five year rolling average" -- one of the four towns seems to pay a little more.  This year it's Shutesbury's turn.

The state recommends their own Statutory Method, also very complicated, but with less of a variation every few years.  Using the Regional Agreement Method, next year Amherst would pay $14,541,118 of the total $18,834,753 Regional budget (77%), an increase of $382,288 or 2.7% over last year.

If however the Region switches to the Statutory Method of funding, Amherst would pay $14,682,553 of the total $18,834,753 Regional Budget.   An increase of $523,723 or 4.1% over last year.  Musante pointed out the difference between those two dollar amounts is $141,435, but as a percentage is a whopping 33% increase. 

The problem is Shutesbury is complaining (as they often do) about their 6.3% increase under the usual Regional Agreement Method.  Should their Town Meeting reject the appropriation that would scuttle the entire Regional Budget.  In other words it requires a unanimous vote of all four towns.

Whereas if the four town Region uses the state approved Statutory Method one town can vote no and the budget still passes.  In other words the vote does not have to be unanimous.

Shutesbury has already played the spoiler by pulling out of the proposed expansion of the Region all the way down to kindergarten from the current 7-12 Region.  Shutesbury voted not to join the proposed expanded Region but wishes to stay in the grades 7-12 Region but possibly share the same Superintendent for their elementary school.

Although at the four town meeting yesterday one Amherst official voiced the opinion "you are either in or out" of the new Region, and no special allowances should be made for non believers.

Profit vs Image

Turning up the heat on Jamie Cherewatti on a freezing afternoon

About a dozen protesters descended on Jamie Cherewatti's 55 North Pleasant Street downtown office location, above a bar naturally, to publicly shame him for not selling Echo Village Apartments in East Amherst to a developer picked out by the town to maintain the 24-unit rental operation as "affordable."

 Echo Village Apartments yesterday (remember folks to shovel out fire hydrants)

Meanwhile, the day before, when protesters first staked out his downtown business, Mr. Cherewatti purchased the immediate neighboring house to Echo Village Apartments (also a multi-unit rental) for $360,000 cash, a little below assessed value of $377,000.

 310 Belchertown Road

 And guess who Rocky Hill Road Partners LLC is?

Amherst Fireground: Merrick Circle

A box alarm call at 8:05 PM brought a swift response from an armada of public safety vehicles to a structure fire at Merrick Circle in South Amherst in sub-freezing temperatures.

A half dozen AFD engines and almost as many police cars with mutual aid from Northampton, Hadley, South Hadley, Pelham and Belchertown combined to put down the fire in about 45 minutes.

Fortunately no one was home at the time of the blaze, although the initial report describing a kitchen fire did indicate one person may have been in the house. 

X1 (AFD Chief Tim Nelson) to Dispatch "Command terminated, Merrick Circle".  Four hours after after the box alarm first struck.
— Larry Kelley (@amherstac) March 1, 2014

AFD Ladder 1 en route to 25 Merrick Circe, scene of last night's structure fire.  One Engine already on scene.
— Larry Kelley (@amherstac) March 1, 2014

"Consistent With The Definition"

Amherst School Superintendent Maria Geryk, Thursday morning

So the long awaited official report from the Amherst Schools on the incident that closed the High School last month because of a "threat" posted to Facebook was just released, on a blog of all places.

Interestingly the report does admit "there were separate behaviors during the series of events that are consistent with the definition of both bullying and racial harassment."

And since it was the white student's family who complained repeatedly to school authorities about three black students bullying their son, it seems fair to say their charges have been confirmed.

No word on whether the father of the white student, who works in the schools, and was suspended for three days without pay for trying to stop the bullying, will be reimbursed for those days and the stain on his employment record removed.

And no mention of any discipline for school officials who failed to act on the white parents plea to help their son.

Public Safety Crackdown

11 Phillips Street

The Amherst Fire Department is getting serious about public safety.  Well actually, they've always been serious -- but now they are getting deadly serious about public safety in a pro active way.

Or as my Irish mother used to say, "A stitch in time saves nine."  And in this case it's lives that are saved.

On Monday in Eastern Hampshire District Court before Clerk Magistrate Bill Nagle,  fire safety officer Mike Roy won a $1,040 judgement against a leaseholder at 11 Phillips Street, perhaps the most notorious Party House in all of Amherst.  Owned, naturally, by the King of the Decadent Street, Stephan Gharabegian.

Party House Fire Complaint by larry_kelley_1

The house was being used as a "rooming house" with W-A-Y more than four unrelated tenants packed into the 10-bedroom abode.  Once that was exposed, resulting in a town crackdown, the landlord -- Stephan Gharabegian -- padlocked six of the rooms.

But the occupants of the four remaining rooms have removed all the furniture and use the open space as a giant party room.

11 Phillips Street, interior view

And the kids engaged in Russian roulette by covering  the windows with black plastic (which in a fire instantly gives off deadly fumes) and covering the smoke detectors with bags as well, probably so the cigarette or  pot smoke does not set them off.

The most recent major structure fire that resulted in a death  at Rolling Green Apartments last year could have been far, far worse if the smoke detectors had not done their job.

In fact, AFD responded a few days after the deadly fire for reports of an alarm sounding.   Turns out smoke detectors from the damaged building had been thrown in a dumpster and some of them were still sounding the alarm.

Previously AFD would issue a $100 civil ticket and if you ignored it, they would have to take you to Land Court in Northampton.  Now they will be issuing criminal complaints which could result in six months in jail.

Or most likely, as with this plea bargain case, the court converts it to a civil infraction with the $1,000 fine. 

Complying with these common sense safety regulations is far less a hastle than dealing with District Court ... or planning a funeral. 

"That Really Stinks"

Budget Coordinating Group this morning

Good thing about being a fly on the wall at public meetings not usually attended by reporters is town officials are a tad more forthright with their comments.

Take this morning's Budget Coordinating Group meeting for instance.  During his update on the Echo Village negotiation with mega-property owner Jamie Cherewatti, after lamenting the deal falling through at the last minute, Town Manger Musante closed with, "That really stinks".

The town had put all their eggs in one basket with a proposed Community Development Block Grant request of $800,000 because $600,000 of that would have gone towards purchasing from Cherewatti the 24 unit Echo Village Apartment complex.

James Cherewatti on left

The deadline for the grant application was February 14 (how romantic) and Cherewatti's last second rejection (by ignoring it) of a "fair market" purchase offer means the grant application is now dead.  The price offered is exempt from Open Meeting Law public disclosure, although the principal party who made the offer could probably release it.  

The Town Manager pointed out to the BCG, "That has a domino effect on three other programs:  Homeless Shelter, Food Pantry Program at the Survival Center, and $20,000 in emergency funds for the needy."

His proposal, which seemed to garner the support of the group, is to now take a $125,000 recommendation to Town Meeting using Free Cash.

He specifically wants it to be a stand alone item separate from the overall budget to telegraph that it's a "transitional" emergency appropriation, and not a return to the old days of annual town funding of Social Service programs. 

Finance Director Sandy Pooler floated the idea of having the money come out of Stabilization Fund which requires a two thirds vote to reinforce that this is a one time thing, and that Town Meeting "would really have to think about it."

BCG Chair Stephanie O'Keeffe cautioned it could send the message that town officials were setting too high a hurdle and it could be "off putting" to Town Meeting members.

Pooler responded that many things -- including bridge replacement or DPW snow and ice budget increases -- requires a  two-thirds vote, so this is not "singling out" social services.

Finance Chair and Select Board candidate Andy Steinberg thought perhaps the $125,000 should simply be in the routine general fund budget.   Stephanie O'Keeffe quickly responded the Select Board voted Monday unanimously that it be a stand alone article.  This reinforces the notion that we are simply "bridging the gap."

Select Board member Alisa Brewer (always a tad more forthright) added, "I will say it more aggressively:  NO!"

Even the Amherst Bulletin is aroused

In Their Own Words

Amherst School Committee 2/25: Nothing to say on this sorry incident

A month after a racial/bullying incident escalated out of control leading to the closing of Amherst Regional High School originally ascribed to "unforeseen circumstance", ARPS School Superintendent Maria Geryk will issue a "conclusive statement to the community on Friday".  

Let's hope it is as transparent as it is fair.

Mother/son's letter to Faye Brady, ARPS Director of Student Services 2/3/14

   Mother:Son Letter Bullying

Tweets from black youth threatening white student: 

 "Extendooo" could refer to high capacity ammunition clip commonly used with assault rifles or a police baton

 

Even now 2 of the black youths still use "the word"

Amherst School Superintendent Maria Geryk

DUI Honor Roll

Yeah, you read that headline correctly. I created a new category of award for Taylor S Aldrich, age 29, as I have a feeling he will learn from his mistake.  And I only wish I could say that more often.

On his initial appearance before Judge Payne on Monday he asked for a continuance of his DUI case and requested the court appoint an attorney. But his "liquid assets" were a tad too high (note he was driving an Audi) and the cost conscious judge denied him a public defender.

About an hour later Mr. Aldrich, having gone out of the courtroom into the hallway to confer with an Assistant DA, came back before Judge Payne and accepted a "Standard 24D disposition," available only to first time offenders: Immediate 45 day loss of license, one year probation, take an alcohol training program, pay $500 in court costs. and monthly probation fees.

The prosecution still went through the motion of presenting evidence from the APD investigation: Mr. Aldrich was all over the road before being pulled over, reeked of alcohol, failed the agility portion of the Field Sobriety Tests and even back at APD station had to use a wall for balance.

Although he was rational enough to refuse to take the Breathalyzer test back at the station

Judge Payne looked directly at him and asked, "Are the facts just presented true?" "Yes your honor," he replied. As the Judge read him the standard disclosures asking if he were now under the influence of drugs or alcohol or had anyone pressured him into making this plea deal he responded "No, I prefer to take my punishment."

Yes, a good lawyer could -- for a price -- probably could have gotten him a better deal. I've seen attorneys use police witnesses in these type cases for target practice.

But instead he stood up and accepted his punishment.  Making the road to recovery just a tad smoother.

3 of the 4 charges were dismissed

Public Safety Crossover

Usually it's Amherst Police Department assisting AFD --shutting down traffic so firefighters can lay out lines of hose, or calming an unstable scene so EMTs can get a patient safely out of a rambunctious crowd. 

But on Friday night, with hazardous road conditions due to a a sudden freeze over, Amherst Fire Department Chief Tim Nelson returned the favor.  He noticed a vehicle operating erratically about a mile from Amherst town center.

Chief Nelson (now off duty) not only called 911, but continued to follow and then stopped when the truck pulled into the Hess Station in South Amherst.  He then pointed out the driver to the responding officer.

Deoclecio Artur, age 38, was arrested for DUI after he failed every aspect of the Field Sobriety Test.

   Chief Nelson: Witness to DUI

In court on Monday morning his case was continued to next month as his lawyer wishes to review the Hess Station security video, which probably will not help his case.

These days everyone has a phone on them almost all of the time.  Like Chief Nelson, if you see a car on the road and you even remotely suspect the driver is impaired, do the right thing:  Call 911.

Amherst police vehicles are rolling 24/7, so it's not a big deal for them to be vectored to a suspected drunk driver to check it out.

The life you save could be a friend or loved one.

AFD Chief Tim Nelson

A Mother Laments

ARHS: Our All American High School

In a letter to Faye Brady, Director of Student Services at ARPS, dated Febuary 3rd, exactly one week after Amherst Regional High School was closed because of a Facebook "threat", the mother of the white student accused of using a racial slur corroborates everything her husband outlined in his 4 page letter used to defend himself against job termination for trying to get the schools to stop three black youths from bullying his son.

After the Wednesday, January 22nd impromptu meeting where the father first informed Mary Custard of the bullying his son was enduring, the mother also spoke with Ms. Custard later that afternoon.  She wanted to know why the parents of the three black students had been contacted the day before but not her family?  Ms. Custard did not give her an answer.

She closed the conversation with, "My son is afraid to go to school and this is not acceptable -- as the School should be a safe place to be."

On Friday, January 24 after three confrontations in the High School the mother met in person with Ms. Custard where the joint meeting with all the parents was concieved and scheduled for Monday, January 27.  That meeting was cancelled due to the sudden closing of the school.

The mother continues, "I again told her (Ms. Custard) that my son was afraid to go to school and did not feel safe, and I felt that not enough had been done in regards to the situation."

In her poignent closing the mother directly addresses her son being branded a racist for using the "N-word" (five letter version ending in a), to congratulate a black friend (who took no offense).

"What started out as an argument between teenagers, all of whom use 'the word', somehow turned into a 'racially motivated' hate crime."

She emphatically continues:  "This is NOT true as the original statement that my son made was NOT racial, but a pat on the back.  My son is NOT a racist as he has been portrayed.  Having been brought up in Holyoke he was brought up NOT seeing color.  He has many friends of all different colors -- black, Puerto Rican, Indian, Pakistani, Moldovan as well as white.

We have many races within our own family.  The accusation that my son is a racist is the most hurtful thing that has come out of this entire incident. "

Her final sentence says it all:  "It was not handled expediently and was allowed to go on for four days -- far too long.  Only then (after the Facebook "threat" discovered)  was anything done -- obviously too little too late."

The letter was signed by the mother, father and son.

Party House of the Weekend

7 Willow Lane, Amherst

Very early Sunday morning (1:56 AM) Amherst police broke up a large party at 7 Willow Lane and arrested the party host Dery Jesus Aldeano, age 22, a UMass student. 

As the officer noted, Willow Lane is a densely populated neighborhood not  known (yet anyway) for being predominantly a student zone.

In Eastern Hampshire District Court on Monday he took the deal suggested by the DA, known as "conversion".  The criminal charges (Noise and Nuisance House) are converted to civil charges and he pays $300 out of the $600 in tickets issued by APD.

The other $300 ticked is "filed" for a year, so he probably does not want to repeat this behavior.

   Party House of the Weekend