Pine Street Permutations

North Amherst residents will be pleased to know their major thoroughfare will be a lot more drivable by the end of "this construction season," (which usually means when the snow flies) after a base coat of pavement will be put down the entire length of Pine Street. 

It has been a long haul thus far with the road ripped up for water sewer upgrades and then a major overhaul which is yet to come, but should be completed in calender 2015.

 Bumper stickers available at Cushman Market

The town twice put in for a $4.3 million MassWorks grant but were turned down both times.  DPW Chief Guilford Mooring reports we have spent $1.8 million in Water & Sewer fund money so far and a funding request to complete the work will go to the Fall Town Meeting somewhere in the $2 million range.

The Town Manager will make a recommendation to the Select Board about the final tweaks, which hinge on whether there should be a separate bike lane AND sidewalk or just one multi-use path for both.

The Public Works Committee already voted unanimously for the single 10 foot wide multi-use path on the south side of Pine Street.  The town needs to confirm final layout before putting down the base coat.  The Select Board has final say. 

Pine/Bridge Street roundabout (near Cushman Market) now off the table because of how much land taking would be required

DUI Dishonor Roll

The most frequently recorded BAC level among drinking drivers in fatal crashes (10,322 in 2012) was 0.16

Amherst police arrested Tarah A Liewellyn, age 25, not far from Amherst town center early Monday morning "driving" a deadly weapon with a Blood Alcohol Content more than three times the legal limit.

And it was Ms. Liewellyn's second dui offense.  Her case was continued until August 7, and she was released on $250 cash bail.

Tarah Liewellyn, age 25, stands before Judge Christopher LoConto Tuesday morning

Click photos to enlarge/read

Sorry About That

 6/24 Regional School Committee meeting

In response to my Open Meeting Law complaint Amherst-Pelham Regional School Committee Chair Lawrence O'Brien has promised to do a better job from now on for "as long as I am serving as Chair."

Which is all well and good, except he was elected Chair at the tumultuous 6/24 meeting but only until the Regional School Committee meets for their cozy little "Retreat" (not the controversial housing project in North Amherst) sometime in August.

Simply put my complaint stemmed from the published written agenda stating they were going into Executive Session to discuss only "Collective Bargaining," when in fact they pulled the cloak of secrecy for a "litigation" discussion instead.

Yes, litigation is a very legitimate reason to go into Executive Session.  But it would be nice to know specifically up front that litigation was the reason rather than giving the false impression it was for rather benign contract negotiations. 

And I get a little nervous when he cites their "district legal counsel" Gini Tate, as she also gives "counsel" to the Wayland School Committee, a serial offender of the Open Meeting Law. 

Wrong Car To Run Off The Road

Amelia Houghton, age 26, stands before Judge LoConto

So if you are driving with double the legal limit for Blood Alcohol Concentration the last person you want to almost run into head on is an Amherst police officer.

In Eastern Hampshire District Court on Monday, in one of the fastest dispositions to a drunk driving case I have ever seen, Amelia Houghton, age 26, copped a plea in front of Judge Christopher LoConto.  The standard 1st offense 24D disposition will result in loss of license for 45 days, up to $1,500 in fines and driver ed costs and one year probation.

In other words the serious charges are Continued With Out Finding for one year, and if she stays out of trouble, they are dismissed.

Downtown Retro

Metacomet Cafe, 27 South Pleasant Street

After teasing the downtown for well over a year with their nifty, retro "Metacomet Cafe" sign, it looks like the classic sandwich burger shop is set to open within a month, in plenty of time for the resurgence in population that happens every Labor Day weekend in this college town.

The Amherst Select Board this evening unanimously approved their Common Victualler License although they will still need an occupancy permit from the building commissioner.  The operation, run by brothers Spencer and Trevor Hopton, will be open seven days a week from 11:00 AM until 11:00 PM.

World's greatest hamburger

A Climate Of Fear?

APD @ ARHS

Amherst Police Chief Scott Livingstone has confirmed that his department did NOT do an investigation into the most recent racial incident just now coming to light where a white student was “aggressively and seriously” assaulted by black students. 

The parent of the victim did not wish to press charges and furthermore wanted NO police involvement whatsoever.  Chief Livingstone stated that once that was confirmed with the parents APD involvement ceased.

ARHS state approved anti-bullying plan

Yes, as a parent I can understand the natural inclination to protect your child from the glare of public scrutiny.  But there's a fine line between right to privacy and the general public's right to know -- especially when that general public also has children in the school system.

Last year a young woman under the influence of alcohol fell on Fearing Street, hitting her head on a curb.  She was transported to Baystate Medical Center where she died.  At the parents request UMass agreed not to release any information about the sad incident.  Which of course in this Internet age, backfired. 

Amherst College received a deserved slew of negative publicity for the way this mishandled rape cases, one that resulted in a young man, Trey Malone, committing suicide. 

Simply put, if it's not now mandatory for a public or private school, kindergarten-through-college, to report a serious crime (bullying, physical assault, rape, etc) to the local police department and/or District Attorney -- especially if it's a hate crime -- then it damn well should be!

Pointing The Finger

Maria Geryk, ARPS School Superintendent makes a point at  the tumultuous 6/24 Regional School Comm Meeting

What if Amherst Pelham Regional School officials had reported to outside authorities the initial racial incident targeting teacher of color Carolyn Gardner back in October rather than deep-sixing it?

Carolyn Gardner, repeatedly targeted by racial notes and graffiti

What if School officials had reported to outside authorities the bullying and assault on Dylan Akalis by three black students the last week of January, rather than sweeping it under the rug? 

Perhaps if School officials had reported to outside authorities (and the general public who pays everybody's salary) the most recent assault on a white student by three minority students, Mr. Shabazz would not have felt compelled to mention what little he knew of the incident at the 6/18 Equity Task Force meeting.

Regardless of whether Mr. Shabazz "inappropriately" suggested the white youth was beaten because he was a "racist", the undeniable fact remains that a young student (who Shabazz did not identify) was assaulted by three other students, yet because of the collective color of their skin, the incident was purposely hushed up.

Even though it qualifies as a "hate crime," and should have been reported to the District Attorney.

According to the ARHS student code of conduct the protocol for dealing with a Physical Attack 1st offense is a "10 day external suspension, possible long-term suspension or expulsion, and referral to the Amherst Police Department."

But we know in the Dylan Akalis assault (witnessed by a teacher) the schools did not report it to Amherst police; and the main attacker, son of a white-collar school employee, did not receive a "10 day external suspension."

 Paula and Dylan Akalis

Since school authorities can't even follow their own internal regulations, no BIG surprise they can't follow state law either.

But of all sudden, in their haste to neutralize the only black member of the Amherst School Committee, they trot out FERPA (Family Educational Rights and Privacy Act) as a convenient excuse.  Clearly that federal law has exemptions which would apply in this case; and even more clearly, plenty could have been stated publicly short of divulging names.

Interesting that the School Committee was quick to issue a written apology to the parent of the white student because of the alleged remarks by Dr. Shabazz, but no Amherst Regional School official has apologized to Dylan Akalis or his parents over the past five months except for Amilcar Shabazz.

The Associated Press just picked up this recent assault story and did not even mention the purported disclosure by Mr. Shabazz, only that three minority students beat up a white kid simply because he was white.

School officials used "privacy" as an excuse not to release separation agreements with 13 former school employees totaling over $350,000 in public tax money.   Agreements the Public Records Division clearly told them to release.  A decision concept recently backed by a Superior Court Judge.

Unless you are building a Doomsday Device, protecting legitimate national interests, or invoking privacy over medical issues no good seems to come from Nixonian stonewalling combined with a CIA-like devotion to secrecy.

The Amherst Regional PUBLIC Schools are in the top 17% state wide for most expensive to operate with a per student cost 25% over state average.

Therefor all taxpayers in the region have a "paramount and prevailing right to know" -- especially parents with children in the system.

WWLP CH 22 covers the story (sort of)
MassLive (much) fuller report

Double Fault?

Amherst College: Half dozen courts near the bike path destined for demolition

Okay, okay so I'm probably just being maudlin.  After all, my first brush with tennis occurred there (or the adjacent courts) in the oppressively hot summer of 1964 during a subsidized recreation program run by Jack Leaman, before he became famous at UMass.

But I'm still willing to bet most anyone who has walked or biked past these courts over the past fifty years will miss them when they're gone.  Kind of like the chain link maze at the UMass football stadium. 

Amherst College, our largest landowner, goes before the Amherst Conservation Commission next week to give notice about the demolition/conversion of the tennis courts to a -- you guessed it -- parking lot.

Since the footprint will remain the same, probably not a big environmental impact to worry about.

And the larger adjacent courts complex remains, so the fair weather grunts and thunks of balls meeting racquets will not be completely silenced.  The sounds may even carry to the bike path.

But for those of us who grew up with the fenced in fun, a little piece of paradise -- like our youth -- will be lost.

 Courts a little farther north have already been converted to a parking

Patriotic Double Dose

 

BIG flag flies in Amherst  (MA) town center for first time in over a year

As you have probably heard by now -- since the town thought it important enough to use the reverse 911 emergency phone system alert -- the July 4th fireworks are postponed until tomorrow.  And since we don't have a July 4th Parade anymore, no rescheduling required.

Although Amherst, N.H. managed to have one this morning. 

Enjoying our first parade of the day in Amherst to celebrate the 4th of July! #nhpolitics pic.twitter.com/jb9DNTGOLG
— Scott P. Brown (@SenScottBrown) July 4, 2014

Mother Nature provided her own fireworks last night taking down trees and wires all around town.  A transformer fire near the Dunkin' Donuts took out the power to College Street, South East Street and Belchertown Road.

 Tree down on access road connecting beleaguered High School with embattled Middle School

Even the Cumberland Farms was without power briefly.  Yes, they were about the only operation in Amherst open the morning after the 2011 Halloween Nor'easter killed power to the entire town.  This time however their generator failed to kick in. 

Things could have been far, FAR worse.  Apparently a funnel cloud was spotted near Barnes Airport heading our way and there were reports of a microburst in nearby Sunderland.

U/D Sunderland, Ma, MEMA now reporting it could be the microburst people are reporting, not a tornado. Multiple trees down in that area
— Matthew Gregoire (@BreakngNewsPhtg) July 4, 2014

 
And now it looks like Hurricane Arthur will not wreak havoc on the Happy Valley.

So celebrate today the birthday of the greatest country the world has ever known.  And come tomorrow, celebrate it again.  And the next day, and the one after that, and ...

Yet More School Secrets

 

Amilcar Shabazz, Chair Equity Task Force

The least they could do is mention what the punishment was for the three kids of color who beat up the white "greatest student racist they could find."  And you could do that without divulging their identities. 

And you have to wonder if Mr. Shabazz had not mentioned it at that School Equity meeting, would school officials still be trying to keep the incident swept under a rug along with all the other racial incidents they buried over the past year?

   Another Racial Incident ARPS

Deaf, Dumb & Blind Justice

I have never yet sat through a morning session of court and not found at least one fascinating story that should be told.  Although I don't always get to tell them here because Eastern Hampshire District Court covers so many towns besides Amherst, and I try to keep the focus on Amherst.

But this sad story is hard to ignore; and since the whistleblower has her law practice in Amherst (and is smart enough to advertise here) that's close enough for me.

 Usual Monday morning crowd

One of many ironic things about this debt debacle is Mr. Okoroafor could not afford a lawyer.  Normally if a defendant is charged with a crime that could result in jail time and they can't afford an attorney, the court appoints a public defender with a fee of only $150.

And in some economic hardship cases the judge will even waive the "bar advocacy" fee entirely.

But since Mr. Okoroafor was brought to civil small claims court, theoretically there was no chance of jail time.   Unless you appear before an angry judge. 

Had Mr. Okoroafor failed to pay a $500 fine imposed by the courts and been carted off to jail, he would be credited $30/day until the total amount of the fine is paid off -- either by serving 17 days or coming up with the cash.

Kind of a rip off to defendants when the average cost of incarceration in Massachusetts is $47,102 per year or $129 per day.  Big difference between serving 17 days or only 4.

And it's not like the Massachusetts Department Of Corrections needs the business as last year their overcrowding rate was 132%.

On March 8th at the infamous Blarney Blowout, Amherst and UMass police made 58 arrests for dangerous unsocial hooliganism -- including throwing bottle and cans at police officers -- costing thousands of dollars in property damages and a few hundred thousand in remedial actions.

And as of today, not a single perp has been sentenced to as much as one day in jail.

But yes, by all means, lets send a 73-year-old retiree to jail for the crime of being poor in America.

Power of Positive Thinking

Amherst Town Hall:  Flying the UN flag for over 40 years

After the controversial year in the Amherst public schools, amplified by mishandling, it's obvious they could use some Public Relations input.  But I'm not so sure a traditional PR flack is the answer -- especially when it's only a part-time position.

What the town and schools really need is a PR savvy department-head-level position, filled by a person with common sense who can give recommendations to executive decision makers BEFORE they make a major faux pas.

Cancel "West Side Story" because it offends a 17-year-old Hispanic girl?  Condone the  only High School production of "Vagina Monologues" in the nation and allow teen aged girls to shout the "C-word" at the top of their lungs (what's next, the N-word?).

Not just "no," but "Are-out-of-your-fu@king-mind" kind of No.  A booming, resonating NO that gets the attention of a clueless PC Superintendent and prevents a public relations disaster played out on a national stage.

The Town also needs such a gatekeeper, perhaps even more so than the Schools.  At least the Schools have a mayor-like leader who pretty much does as she wishes and to Hell with diffident School Committees.  

In town government power is schizophrenically split between the part-time amateur elected overseers, the venerable 5 person Select Board, their appointed CEO the Town Manager and the doddering white clan of 254 do-gooders, Town Meeting.

Refuse to fly commemorative American flags on 9/11?  Well you might as well ban a July 4th Parade or place a tax on Boy Scouts selling Christmas trees. 

Monumental mistakes even a Madison Avenue flack would have trouble smoothing over.

We're Number 37!

 APD keeps the streets safe

Yes of course Amherst is a safe community -- probably more so than some of the other 36 Massachusetts cities and towns rated higher for safety. After all, we were one of the first to go "nuclear free" in the 1980s and just last May, "drone free".

If you can't trust a company that sells home security systems, who can you trust?

But I would feel a little more comfortable celebrating the distinction if they knew that Amherst was located in the western part of the state and not "central Massachusetts".

As a "college town" Amherst has the lowest median age population in the entire state, so our main problem seems to be a byproduct of alcohol (and other drugs) mixed with the exuberance of youth.

And they don't sell a home system to neutralize that.

DUI Dishonor Roll

 

In 2011, 114 of the 9,878 nationwide drunk driving fatalities occurred in Massachusetts

If you are drunk enough to get lost on a main thoroughfare (Rt. 116) in South Amherst, probably the last person you want to show up to give you directions is an Amherst police officer.  She was directed/escorted back to 111 Main Street, APD headquarters.

It would be almost humorous except for the fact Tameeka Zuvers-Crews, age 44, was attempting to pilot a potentially deadly weapon.

 #####

Also in the wee hours of Monday morning:

 

I Am What I Am

 ARPS Superintendent Maria Geryk, the town's highest paid employee

As part of the state mandated comprehensive evaluation of Amherst Regional Schools Superintendent Maria Geryk that played out last week at the circus-like Regional School Committee meeting the Superintendent had to present the committee with a "self evaluation".

Out of the five overall goals she considered two of them "met" and the other three showed "significant progress."  All in all, not too bad as self evaluations go. 

The Regional School Committee seemed to agree and 7 of the 11 gave her a sterling review with 2 abstaining (being only recently elected) and 2 seemed to disagree.

Pelham SC members: Tara Luce abstained, Trevor Baptiste voted "no" and will issue his own evaluation

No mention or discussion of the racial incidents that fractured decorum over this past school year or the unjust treatment of a white student bullied by three black students, or even the inept implementation of a ban on nuts.

There was some mention of the many "lockdowns" during the year and follow up meetings with police to "adjust procedures".  So let's hope that solves the problem.

And next year the High School and Middle School will have cameras installed in the hallways, although the problem with racist graffiti occurred in the bathrooms, where you can't very well install cameras.

   Maria Geryk Self Evaluation

DUI Double Trouble

 Blake Spencer, age 24, stands before Judge John Payne

This morning in Eastern Hampshire District Court Judge John Payne sentenced Blake A. Spencer, age 24, to ninety (90) days in the House of Correction, otherwise known as the "big house" ... but suspended the sentence for two years.

The Judge then admonished Mr. Spencer to stay for away from trouble in the meantime as any altercation with the law over the next two years will instantly trip the 90 day sentence.

Spencer was originally arrested by APD in mid-February, 2013 after he was seen stumbling to his car at Village Park Apartments while screaming obscenities. He was pulled over and arrested for DUI.

Since it was only his first offense the case was continued without a finding for a year. In April he was arrested in Belchertown after crashing into a guard rail and leaving the scene.

The officer noted the strong smell of alcohol, glassy eyes, and he seemed to have trouble understanding the simple verbal request for a license and registration.

Most telling of all, he took the Breathalyzer back at the station and blew a .12 (50% over the .08 threshold).

In addition to the two years probation with a 90 day jail sentence hanging over his head, Spencer will complete a 14 day in-house treatment program for his alcohol problem, pay $600 in standard fines, and lose his license for two years.

What Our Flag Represents

9/11/2012 New York City financial district

My only concern with painting a crosswalk to resemble an American flag is that flag protocol forbids letting the flag touch the ground, and especially frowns on  treading all over it .   

But obviously those are (unenforced) rules and regulations for an actual American flag, the kind made of cloth or polyester and designed to be flown.

Besides, if it's good enough for New York City on the most sacred of anniversaries than it's good enough for me.  

Apparently not, however, for our sister city to the west, that other bastion of enlightened liberalism, Northampton.  "NoHo" to hipsters, or just plain "Hamp" to longtime residents.  

I would expect flag phobic Amherst to summarily dodge the idea of a patriotic crosswalk in the downtown, but I'm a little surprised by the Northampton Board of Public Works suddenly saying it's not in their jurisdiction to allow a patriotic crosswalk when they already allowed the rainbow one.

In my ill fated speech to Amherst Town Meeting seven years ago I invoked that same comparison, to no avail.



Let's hope Northampton comes to their senses before they start being compared to Amherst.  On a national stage. 

"Proficient to Exemplary Rating"

Maria Geryk, Amherst Town Meeting 5/7/14

Anytime a high ranking appointed public official is evaluated by elected amateurs -- especially a particularly docile board like the Regional School Committee -- I always factor in the tumultuous 1968 election where LBJ "won" New Hampshire, but only by 7 percentage points over upstart Eugene McCarthy (49% to 42%), and later dropped out of the race.

Is this year-end evaluation of Amherst Regional Public Schools Superintendent Maria Geryk really more "Exemplary" than "Proficient"?   Should she have scored a LOT higher?  

Or considering the tumultuous year at Amherst Regional High School, a LOT lower?

(Safe bet she will not be dropping out.)

   Maria Geryk Evaluation

The Dirty Dozen

 

 407 North Pleasant Street, owned by Gamma Inc Alpha Tau 

The Amherst Rental Registration & Permit Bylaw that went into effect January 1st affecting 1,300 properties in this rental dominated "college town" now has an astounding 99% compliance rate. 

Only 12 properties -- some with the same owners -- have failed to heed the warnings of Amherst Building Commissioner Rob Morra, and will be brought to Eastern Hampshire District Court in the very near future.

The Rental Registration Bylaw is an attempt to bring law and order to a Wild Wild West mining town where the attraction for boatloads of people is education rather than gold or silver.

With restrictive zoning and well organized NIMBYs, housing production -- especially student housing in a town with the lowest median age in the state -- has been almost non existent over the past generation.

Thus supply and demand is out of whack, resulting in higher prices forcing out families and low-to-middle income workers, residential one family-house conversions to student rooming houses and all too many noise and nuisance complaints in residential neighborhoods.

The new Rental Registration and Permit bylaw is working.  Now we need to tweak zoning.

Code enforcement is a key ingredient

It's A Bird, It's A Plane ...

 

Parrot AR.Drone over Groff Park, Amherst

Quick, someone call 911!  A drone has violated Amherst air space despite an overwhelming Amherst Town Meeting vote to ban them.

Actually a police cruiser did drive slowly by while we were flying this AR Perrot drone, and he did not seem all that concerned.  And since the venerable Amherst Town Meeting vote was merely "advisory," there's really not much authorities can do to stop the aerial fun. 

Mid Course Presentation

 George Smith (U3), Nancy Buffone and David Ziomek Co-Chairs Steering Committee

The Town Gown Steering Committee heard a brief presentation from their $60,000 consultants this afternoon, appropriately enough at the UMass police station, and  heard an earful about student housing and student behavior, which have brought this college town to a tipping point.

Lead consultant George Smith of U3 Advisers said they are still in the "due diligence and research phase" meeting with all the stakeholders from the Chancellor on down, and he is targeting August for  release of preliminary findings.

But Ken Rosenthal, the first member of the Steering Committee to speak after the presentation chastised the consultants for not meeting with neighbors living in the battle zones. 

UMPD Chief John Horvath, Ken Rosenthal, Tony Maroulis

Amherst Planning Director Jonathan Tucker defended his department saying they are not pursuing any one particular housing plan, but a range of options -- inclusionary zoning, greater density expansion at already existing apartment complexes, student housing (in the right place) -- and that when it comes to housing, the solution is simple: the town just needs MORE.

Of course out of the two dozen or so members of the general public who attended the presentation a good number were activists neighbors who react to students the way vampires react to daylight.

Nancy Buffone did say UMass, which currently houses 62% of its students, is looking at public private partnerships to build taxable student housing on school property but it's "very complex" with a wide variety of political, legal, and financial implications.

Local developers Dave Williams and Kyle Wilson, who are currently constructing Olympia Place, a complex near UMass housing 236 students and Kendrick Place at the edge of town center which will house 102 tenants, were in attendance.   They probably would not welcome the competition of a huge new student housing development on or off campus (unless of course they were the chosen developer).

As they say on Facebook under relationships, "It's complicated."

Either/Or. Which is it?

 Rookie Regional Chair Lawrence O'Brien

Yes last night's Amherst-Pelham Regional School Committee meeting was a tad discombobulated due to the firefight at public comment period, but that's still no excuse for using deception when invoking something as sacred as Executive Session.

According to the published agenda the Executive Session was "To discuss strategy with respect to collective bargaining."  But when the committee actually went into Executive Session, Chair Lawrence O'Brien gave the reasons(s) as "Collective bargaining OR litigation."

Kind of a BIG difference.

Sort of like a spouse going out for a gallon of milk and returning home with a 65" High Definition TV.  Both are household purchases, but ...

#####

A Heartbeat Away

 Mike Morris at last night's Regional School Committee meeting

Last night just before adjourning from a l-o-n-g contentious meeting the Regional School Committee -- while being serenaded by protesters -- approved the ascension of Mike Morris (by a 9 yes, 1 abstain, 1 absent vote) from his current position in Central Office as Director of Evaluation and Assessment to that of Assistant Superintendent.

Morris served as principal at Crocker Farm Elementary School from 2008 until 2012.  Superintendent Maria Geryk described it as "more of a change in title/role" so a new replacement will not be hired to fill his old position.

He currently makes $100,000 annually and presumably will receive an increase in pay to go along with the new title, but HR chief Kathy Mazur stated his new salary, "has not yet been determined."

Amilcar Shabazz was absent for the vote because he was feeling ill and left immediately after the vote on Superintendent Geryk's evaluation.  So no, he did not join the protesters singing "We Shall Overcome" in the back of the room.