The Company You Keep

 APD on scene College Street Saturday 4:00 p.m.

While there were somewhat loud graduation parties all over Amherst on Saturday afternoon into the overnight (10 complaints) -- many of them with live entertainment -- Amherst police made no arrests and issued no $300 fines.

These parties were more like traditional family-and-friends ceremonial affairs rather than exclusively "college aged youth" gatherings we've seen and heard all semester, so apparently the presence of older adults tends to keep things from getting out of control.

Perhaps all party houses should be forced to have a grandparent move in after the second noise offense.

No AFD runs at all to UMass for ETOH (alcohol intoxication) students: 

   AFD runs Graduation Weekend

An Unattended Death

UMass Amherst: Not exactly a drug free zone

UPDATE January 24, 2015

My sitemeter tells me a bevy of folks are now coming to this post after doing Google searches for "heroin death UMass Amherst" or something similar, no doubt in response to the ABC 20/20 episode aired last night, which interestingly enough used the same alias for Eric Sinacori as did the Boston Globe, "Logan."

So they can interview his Mom on camera and show his picture, but not use his real name?

And I wonder when the next student dies of a heroin OD supplied by an on campus dealer who was free to ply his pernicious trade because UMPD can no longer use student informants, will 20/20 cover that?

####

ORIGINAL REPORT 

Although nestled in a quaint little New England town, UMass/Amherst, the flagship of higher education in the state, is virtually a city unto itself.

So it's not overly surprising that death on occasion comes calling, even to the young of age.

Last Fall two sudden unattended deaths occurred that were (initially) covered by the local media -- Eric Sinacori, age 20, and Evan Jones, age 19.  Although technically Sinacori died off campus in his Puffton Village Apartment.

But since they both died in the town of Amherst the medical examiner files a certificate of death with the Town Clerk, although it takes up to six months. 

In Evan Jones case, death was caused by a "seizure."

In Eric Sinacori's case the injury occurred because of "Illicit substance abuse," and the immediate cause of death was, "Acute Heroin Intoxication."

Governor Deval Patrick and Northwestern District Attorney David Sullivan have declared war on opioid abuse.  At a press conference in late February, DA Sullivan called the surge in drug overdoses, "A public health crisis" while citing, "19 deaths in Hampshire and Franklin counties since November 1st, 2013." (Twice the rate of the rest of the state.)

And since Mr. Sinacori died just prior to November 1st he would have pushed the DA's list to 20 deaths! 

Last week in the little town of Deerfield, three individuals were saved from death by heroin overdose over the course of three days by a quick spray of Narcan.

Governor Patrick has signed off on allowing first responders statewide to carry Narcan, as well as friends and family of opioid users (with proper training).

Today UMass graduates 5,500 dedicated young adults who have worked hard over the past few years to attain their degrees.  Governor Patrick is the keynote speaker.

I hope he remembers the students who will never make their graduation ceremonies.

The Cost Of Education (In a College Town)

Amherst School Committee: in the hot seat

Town Meeting went pretty much as planned Wednesday night.  The Elementary and Regional School budgets all passed rather handily after a fair amount of discussion, but not a whole lot centered on cost -- as reflected in the (not so)average cost per student.

The Elementary Budget of $21,490,563 represents an average cost per child of $19,136 and the Regional Middle and High School budget of $29,618,478 represents $20,328 per student.  State average is dramatically lower at $13,636 per student.

Or another way of looking at it is Amherst spends at the Regional level $6,692 more per pupil than state average.   Thus the 1,457 students projected next year cost almost TEN MILLION DOLLARS ($9,750,244 to be exact) over state average.

One reason for the high cost (which are fast approaching private school price points) is "administration cost"  is 66% over state average.   And even though an overhead showed a slight increase in the percentage of the elementary budget eaten up by administration, it generated no discussion from the floor.

Overhead used at Town Meeting

Mass Dept of Education data base

Early in the Elementary School budget discussion Town Meeting member Walter Wolnik read a statement praising the financial prowess and presentation skills of Rob Detweiler, the Schools Director of Finance who mysteriously disappeared three months ago.

Wolnik wished to know if and when he would return to his duties? 

 

School Superintendent Maria Geryk and Sean Mangano (Dettweiler's replacement) listen to Walter Wolnik's statement

Detweiler was on paid Administrative Leave for six weeks (costing taxpayers $15,000) and is still on unpaid Administrative Leave.  School Superintendent Maria Geryk confirmed that he, "will not return in his role ... I appreciate your support of Mr. Detweiler, however I will not be speaking further about the reasons why he is no longer in this role."

Typical layout of classrooms at Wildwood. "Temporary walls" (going on 25 years now) don't go all the way to the ceiling

Article 17 was also an expensive school item, a $1 million Feasibility Study of Wildwood Elementary School (built 1970)  with 60% of that picked up by the state.   As usual some folks had sticker shock over the $1 million price tag even though it's really only $400,000 of town money.

But the motion passed with a solid two-thirds majority, solid enough that no standing or tally vote was required.  And the very next article, to rescind a $400,000 appropriation from last year for new boilers for Wildwood School, passed after a long discussion, thus covering the town's share of the feasibility study.

Since that study will eventually lead to a new school or major renovation (with the state picking up 60%) it doesn't make sense to replace the boilers now at 100% town cost.

 Amherst Elementary Enrollment Trends (going down, down, down)

Town Meeting Strikes Again

Amherst Town Meeting counted standing vote

Two episodes from Monday night's Town Meeting 3rd session, one amusing one not so much.

During a discussion of borrowing $322,000 for mega lawnmowers used to groom the massive amount of open space property the town owns, member Shavahn Best moved to reduce the amount by over one-third and have the DPW shop on the Internet for battery operated mowers.



When DPW Chief Guilford Mooring threw up a photo of the mower in question there was little question as to whether an electric mower could do the job.  Actually no question at all.

Town Meeting overhead of DPW mower request

Town Meeting almost unanimously voted to spend $151,000 for 20 acres of open space property (2/3 state money) in East Amherst, the same property they voted down 72 "Yes"-90 "No" back in the Fall when it required a two-thirds vote to pass.

Town officials, not taking any chances, removed the term "eminent domain" from the article and since the town was using CPA money ($41,785) it then only required a majority vote. Not that it mattered since the "Yes" votes were thunderous.  

The very next article Town Meeting once again near unanimously voted (death to the lone malcontent) to place on the November ballot a doubling of the CPA tax from 1.5% to 3%. 

Amherst already has the highest property tax rate in the area ($20.97/$1,000 compared to Hadley $10.64/$1,000).

The huge financial burden for homeowners in Amherst is they make up 90% of the tax rolls and commercial property only 10%.  Even more debilitating, half the property in Amherst is owned by tax-exempts, meaning the other half -- home and business owners -- have to carry twice the weight.

That tax exempt disconnect only worsened with the 20 acres in East Amherst acquired by the town on Monday night.

And if you are a commercial property owner, the first $100,000 in valuation is NOT exempt from CPA (costing you an additional $62.37).   If you own property in the downtown, there's the Business Improvement District extra surcharge to pay as well.

When Town Meeting voted an increase in the water/sewer rates the Town Manager defended it as "only" a couple dollars per month.  Now the CPA tax increase will add "only" $69 per year to the average home ($113 for a commercial property).

Adding to an annual tax burden that's already too big a burden.  More so if you own commercial property.  Even more so if it's located in the downtown BID area.

No wonder Amherst is considered an unforgiving place to do business. 

Party House of the Weekend

31 Shumway Street, owned by CIBA, LLC

Not only did they tie up APD, but AFD as well (as did a couple other locations)

In Eastern Hampshire District Court on Monday all four agreed to pay the $300 town bylaw fine fee to settle the matter.

DUI Dishonor Roll

Melquan Miller being sworn in before Judge John Payne

So once again Judge John Payne disposed of back-to-back DUI cases in Eastern Hampshire District Court on Monday, one offense dating back to March and the other from very early Sunday morning.

Both offenders, Toryen Hadfield, age 25 and Melquan Miller, age 21,  took a standard 24D disposition:  They will lose their license for 45 days, pay $600 in fines and be on probation for a year with an addition monthly probation fee.

When asked where they had their last drink, Miller replied "private residence" and Hadfield replied "High Horse Brewery" in downtown Amherst.

Toryen Hadfield and his public defender

   Toryen Hadfield, Dui

"Deep Alcohol Stupor"

Zach Zeigler stands before Judge John Payne

Other than the Blarney Blowout, Amherst arraignments heard on Monday morning at the Eastern Hampshire District Court (covering weekend arrests) don't seem to generate much buzz as the bailiffs, prosecutors and clerks office personnel have pretty much seen it all.

Zachary Zeigler managed to make himself an outlier -- and that's a bad thing.  The almost unanimous comment I heard this morning in the courtroom while picking up my public documents request from yesterday was, "He's lucky he did not get shot!"  Indeed.

 

Click photo to enlarge/read

As the father of a seven-year-old who sleeps in a bunk bed I'm not sure how I would have reacted to finding Mr. Zeigler passed out in the lower bunk but I'm pretty sure Amherst police would have had to call in the Amherst Fire Department to transport him to the Cooley Dickinson Hospital. 

In Court yesterday Zeigler seemed to have no idea of the severity of the incident telling Judge Payne he wanted to settle the case immediately as he has a job in his hometown that starts on Friday.  The Judge barely glanced at the prosecutor's table while shaking his head side to side.

Zeigler then said he would hire an attorney.  The Judge continued his case until June 3rd and transferred probation oversight to a District Court near his hometown, but with a provision he is continuously, "tested for alcohol."

Judge Payne then glared at Zeigler and said in no uncertain terms, "If you come back before me having tested positive for alcohol, you will spend your summer in Hampshire County -- and it will not be a vacation!" 

Phillips Street Filibuster #Fail

11 Phillips Street, Amherst

By not showing up for his original "show cause hearing" before a Clerk Magistrate, Joshua Reiss, age 20, set himself up for a criminal proceeding in Eastern Hampshire District Court on Friday before a Judge for a possible felony conviction.  

He lost his case -- bringing a $1,000 fine for tampering with smoke detectors in his humble abode -- but the complaint was diverted to a civil offense, so he will not be stained for life with a felony conviction.

But considering the acts he was found guilty of, his lesson could have been a lot more costly ... like contributing to the death of a roommate.  Or the lesson you can't learn from, because you're dead.  

 APD report

AFD report

Smoke detector 11 Phillips Street: In the bag

Phillips Street has one of the largest concentrations of problem houses in the town (most of them owned by Stephan Gharabegian), but these days no neighborhoods are safe from "real estate investors" who buy up single family homes and pack them with student renters. 

 778 North Pleasant Street, Alpha Delta Phi Fraternity

Just up the road from Phillips Street, AFD Fire Prevention Officer Mike Roy recently fined the fraternity at 778 North Pleasant Street $500 for the second offense of tampering with smoke detectors. 

   UMass Frat fined safety violation

11 Phillips Street also had a second offense

Somewhat Sultry Saturday

Butterfield Terrace 12:30 p.m.

The rains held off today.  A good thing if you're into frisbee, running or cycling.  Not so good if you're a public safety first responder dealing with the final weekend before graduation in a college town.

— Barstool UMASS (@UMassBarstool) May 3, 2014

College Street (Rt 9) 3:00 p.m.

 

Corner Main Street and South Whitney 5:00 p.m.

 

Town center midnight.  Somebody plugged in the Merry Maple

UPDATE:  Sunday morning

So no, thankfully, there were no Hobart Hoedown or Blarney Blowout type incidents last night into the early morning.  

As usual the bewitching hours (10:00 p.m. to 2:00 a.m.) produced the usual alcohol related calls:  Large noisy party at 351 Potwine Lane around 1:30 a.m. and another one busted up 15 minutes later at 310 West Street and around that same time a backyard camp fire/party at 140 Sunset Avenue doused. 

Hobart Lane private security also caught and detained a young man trying to set fire to the dumpster that was torched a couple dozen times last year. 

Police were also requested by a reporting party who sounded drunk, complaining that his girlfriend was escorted into a Party House on the corner of Main Street and South Whitney (pictured above), but he was rejected.

And APD also responded to an apartment complex on East Hadley Road for another caller, who also sounded drunk, complaining he had been, "punched in the face."

Yeah, it's all fun and games until somebody gets punched in the face. 

Baby You Were Born To Run

Leader of the pack:  Crocker Farm Principal Derek Shea

Over 100 runners, walkers, and few young'uns in aerodynamic strollers descended on Wildwood Elementary School this morning for the 4th Annual Spring Sprint put on by the Amherst Education Foundation with all proceeds to benefit the public schools.

 

Clare Bertrand armed and dangerous with bullhorn and starter gun

The weather was threatening but no rain, hail, or funnel clouds descended over the time it usually takes to complete a 5K (3.1 miles).

 

Rounding the first turn with APD assistance

The Cost of Mistakes?

Rob Detweiler: Still on Administrative Leave

The schools are the largest employer in Amherst town government so it's not surprising that a tiny number of employees come and go under somewhat mysterious circumstances.

In the private sector, taxpayers in general --or even customers in particular -- have no right to know why a popular employee suddenly disappears.

Although in most cases, where the reasons are somewhat benign, the business may be forthcoming when you ask what happened to your favorite aerobics instructor, barista or convenience store clerk.

But a public entity using public money owes the general public an explanation. 

   Rob Detweiler Case

Public Documants czar to ARPS attorney Giny Tate 3 years ago (which they ignored):

Rob Detweiler still shows up on ARPS website as Director of Finance and Operations

Amherst Bulletin reports

And Another One Gone

 80 West Street, Amherst

Jamie Cherewatti, aka Eagle Crest Management, North Pleasant Street Partners LLC, Railroad Street Partners and perhaps a dozen more LLCs just purchased the home at 80 West Street (Rt 116) for $160,000.

Yes, the house and property is valued at $207,200 so he paid well below that, but the house is a tad distressed.  I live only a few houses away so it's directly on the way to Crocker Farm School, and my kids have dubbed it "the scary house."

But considering the demographic market Mr. Cherewatti caters to, it could become even scarier.

Two months ago Cherewatti purchased a four-unit complex at 310 Belchertown Road, adjacent to his Echo Village Apartments, which he purchased last year for $3 million.  

Democratic Bully Pulpit

 

Vince O'Connor on the attack

Vince O'Connor is now 1 for 2 after last night's epic fail at an attempt to hack 10% from the Planning Department budget, which was to go hand-in-hand with with his 79-74 victory Monday night to increase Social Service spending (charitable organizations) by $125,000.

So obviously many of the 79 Town Meeting members who supported his motion to bring Social Service spending back into the routine budget disagreed on his version of financing that.

Even though Mr. O'Connor last night backed away significantly from his original plan to cut $200,000 from Planning Department by reducing the amount to $100,000 -- still a 10% cut. 

O'Connor also appeared yesterday afternoon at the Rental Implementation Bylaw Group to discuss his other (of many) Town Meeting articles, #42, which originally would, "suspend the operation and enforcement of the Rental Permit bylaw" until a new more "inclusive" committee is formed.

Yeah just what Amherst needs: yet another committee, working group, or task force.

This too he has now watered down significantly by removing the threat to "suspend the operation" and now simply wants the new committee to make recommendations.  Building Commissioner Rob Morra will take Mr. O'Connor's suggestions to the Town Manager and if he buys in to the grand scheme O'Connor will move to dismiss Article #42.

Kind of a toothless threat since Town Meeting overwhelmingly supported the Rental Permit Bylaw last year  and like all new bylaws it also had to pass muster with the Attorney General.  And yes some folks (parties with a vested interest no doubt) tried unsuccessfully to sabotage that.

Plus Article #42 is last on the list of a l-o-n-g Warrant.   When the weather turns terrific with thoughts drifting to summer vacations, the last thing Town Meeting members want to do is listen to Mr. O'Connor drone on, and on, and ...

If It Ain't Broke ...

 

Maurianne Adams, Phil Jackson, Rob Morra (Building Commissioner)

The Rental Bylaw Implementation Group heard a detailed report this afternoon from Building Commissioner Rob Morra on the implementation of the new Amherst rental registration and permit bylaw which went into effect January 1st

Originally it was thought the town had 1,570 rental properties that needed to comply, but after a mailing to all of them Morra reports a number of phone calls from homeowners who should not have been on the list.

After the dust cleared, about 1,300 properties remained.  So far just over 1,000 have paid the $100 fee, filled out the forms and received their permits.

18 have already gone before the Zoning Board of Appeals for a parking permit or to remove a "owner occupancy" condition on their original Special Permit and another 40-50 remain in the pipeline for Zoning hearings.

But that still leaves around 250 who are not in compliance and do not seem interested in coming into compliance.  Next week the town will send them a "more formal notice of violation" with a short two week time frame for coming into compliance.

If not, the Building Commissioner will issue fines which will be enforced by Eastern Hampshire District Court.

Morra reports that the 250 outliers are almost all "absentee owners" and that local well known landlords have been extremely cooperative, as has the Zoning Board of Appeals with rental housing related cases.  

Amherst police Chief Scott Livingtone has agreed to work with the town's Information Technology department to allow Noise and Nuisance tickets and arrests to be made available on the Amherst Rental Permitting page of the town website.  Morra hopes this will happen over the summer.

Currently the database only includes building code and zoning violations.  Considering the impetus for the entire permit system was the noxious influence party houses were having on neighborhoods it only makes sense to include police data.

 Vince O'Connor, a 40 year Amherst rental tenant

The Committee also heard from Town Meeting member Vince O'Connor, who filed a petition article (#42) to, "suspend the operation and enforcement of the bylaw" until after a new more inclusive committee is appointed by the Moderator consisting of 8 Town Meeting members -- four of them tenants (but one has to be an undergrad student) and four homeowners (at least one a rental housing owner).

In other words a do over.

O'Connor has now amended the article to take out, "suspend the operation and enforcement" of the bylaw and the new committee of eight would simply review the current Self-Certification Checklist and make suggestions to the Town Manager, Select Board and report to Town Meeting in the Fall.

Morra and three-out-of-four members of the Rental Bylaw Implementation Bylaw Group, while remaining polite, did not seem overly impressed with Mr. O'Connor's idea. 

You Can Always Go ...

 Children's Memorial Flag (in red)

Downtown Amherst is a tad more colorful at the moment with the bright red Children's Memorial Flag flying from the flagpole near Town Hall and the strip of lawn between the pole and the historic old brick building sprouting colorful pinwheels.

April is "Child Abuse Awareness Month," and the Northwestern District Attorney's office and the town are doing their part to make folks aware.  The same tagline used for terrorism probably applies equally well to suspected child abuse:  "If you see something, say something."

DPW workers forgot to take down one of the 25 or so commemorative flags that went up for a few days to remember Patriot's Day.   Probably because it blended in to the Bank of America color scheme.  Maybe after Labor Day they will forget to take them all down until, say, September 12.

 A lone commemorative flag in the heart of the downtown

The League of Women Voters book sale is coming to the town common this weekend, and workers have already erected the huge tent.  This annual event, marking its 66th year, predates the annual Farmers Market or weekly Sunday anti-war protests by decades. 

Amherst League of Women Voters subscribe to the Big Tent doctrine

 Sweetser Park fountain, bone dry

And while the Gazette certainly got all excited on Friday about Sweetser Park fountain bumbling again, it did not last long: the pump died.  DPW Chief Guilford Mooring said a new one should be installed by this coming weekend.

Sweetser Park fountain in Amherst bubbling again after remaining dry all last summer http://t.co/zYAIRKRg1q
— GazetteNET.com (@GazetteNET) April 26, 2014

Town Meeting Omen

 Jones Library Director Sharon Sharry

The moderate surprise this evening at the kick off to the 256th Amherst Town Meeting was the Jones Library getting blow back over Article #6,  a $25,000 appropriation to couple with a state grant of $50,000 to fund a 2-year study to prepare for a major renovation of the building (possibly doubling in size).

The state grant application also requires a clause seeking possible site approval if an entire new building in a new location is called for.  Library Director Sharon Sharry told Town Meeting that site selection is an inherent part of the grant process but stated confidently, "If I were a betting person I would bet the library will stay right where it is."

 Pitched roof bombs patrons with snow and ice during winter

One town meeting member had tried to refer the article back to committee and another member tried to amend the motion to nix the clause referring to a new building on a new site.  But both motions were voted down on voice votes by a comfortable margin, and after about 45 minutes of discussion the main motion passed by the same comfortable voice vote.

 

Vince O'Connor, comeback kid 

The bigger surprise of the night was the resurgence of activist Vince O'Connor, who has been somewhat marginalized over the past few years.  His motion to add $125,000 to the Community Services budget to support Social Service agencies went against the recommendations of the Finance Committee, Select Board and Town Manager.

Town Manager and Amherst Select Board

Although the $125,000 was never in doubt since Article #21 coming up later in Town Meeting had that amount coming out of Free Cash for the same Social Service agencies.  The difference is by putting it in the General Fund budget as a line item, it comes out of taxation.

According to Town Meeting member Renee Moss, "Having this $125,000 as a regular line item does say as a town we are committed to this and proud of it."  Amherst is one of the very few, possibly only, municipalities in the Commonwealth to spend town tax money on Social Service agencies.

In his initial presentation O'Connor told Town Meeting that he would be moving to cut $200,000 from the Planning Department when their $327,729 budget line comes up for discussion. 

The last few years the town used Community Development Block Grant money (federal money) to fund the Social Service agencies, but last year Amherst lost its status as a "mini entitlement" community.

After about an hour of discussion O' Connor's motion passed on a recorded Tally Vote of 79 "Yes" to 74 "No."

O'Connor has a few expensive petition articles coming at the end of Town Meeting, including Article #37, a request to double the Community Preservation Act surcharge to 3%.  Amherst already has the highest property tax burden in the area.

And under Article #38, spending $750,000 to take by eminent domain 40 Dickinson Street, the old car dealership recently purchased by Amherst College.