D-Day. Decision, decision, decisions...

So today is the day—because as of today Ann Awad is, by her own hand, a resident of 4 Jewett Lane, South Hadley. And thus, disqualified from her high-ranking Amherst elected Select board position (with its $300 annual salary).

The FDIC backed mortgage, signed on April 10 under pains and penalties of Federal Law, clearly states: “Borrower shall occupy, establish and use the Property as Borrower’s principal residence within 60 days after the execution of the Security Instrument and shall continue to occupy the Property as Borrower’s principal residence for at least a year after the date of occupancy”

And my friends in the legal profession tell me that US Attorney Michael J. Sullivan frowns on bank fraud—even for a petty, egotistical reason such as this.

Tomorrow night Amherst Town Meeting will discuss spending $400,000 to preserve two Main Street lots, a stone’s throw from Miss Emily’s Homestead. Last week in a procedural move designed to enhance the probability of passage the motion passed by almost exactly a two-thirds vote.

So one or two votes (and Hubley and Awad always vote the same) could decide the difference on this important issue.

What you lookin at

2:00 PM (and it's HOT)

"Trailer for sale or rent..."

So yeah, when I picked up my Amherst Bulletin on Thursday and spotted the real estate ad for an “open house” at the Awad/Hubley Amherst condo today (Saturday from 1:00 to 3:00 PM) I planned to investigate with camera in hand.

But yesterday two heavy-hitters (one in the legal profession and another in the media) informed me that I was about to be hit with a SLAPP suit for “intimidation” or “stalking” or making one feel “tortured”.

And since both Select Person Awad and Town Meeting member Hubley (also a former Select Person) are—at least technically—still Amherst public officials, they would rely on the town attorney to file the suit at taxpayer expense.

Of course, BOTH my heavy-hitter sources said I would win hands down since Awad/Hubley are public officials and both are dead wrong about this residency issue but it would take time, money and an initial headline or two that would not be overly sympathetic (since the brick-and-mortar media fears blogs they would love to headline a story “blogger gone berserk.”

But I cycled by anyway, as their condo is on a bike route I do at least twice weekly.

Why it matters

Update: 2:45 PM
SLIGHT CORRECTION

Ultra-informed source tells me that the Select board voted 3-2 on February 25 to place the 3% CPA surcharge on the Town Meeting warrant (with, of course, Anne Awad voting in the majority).

On April 7 the newly constituted Select Board (Greeney out, O’Keeffe and Stein in) signed the Warrant for the annual Town Meeting and nothing could be added after that.

On April 23 the Select Board voted 3-2 (Brewer and O’Keeffe opposed, Awad, Stein, His Lordship Gerry Weiss in favor) to recommend/approve Article 24, the CPA tax increase to 3%.

My point, of course, still applies (like a Harpoon from Hell).

Original post 11:45 AM:

Massachusetts Attorney General Martha Coakley
One Ashburton Place
Boston, MA 02108
June 6, 2008

Dear Attorney General Coakley,

On May 20 I requested you undertake a ‘quo warranto procedure’ to remove from office Amherst Town Meeting member Robie Hubley because he had signed on April 10 a ‘Homestead’ declaration for a residency in South Hadley.

Both Mr. Hubley and his wife Anne Awad, currently an Amherst Select Board member, also signed a mortgage that day with an FDIC insured bank that clearly states: “Occupancy: Borrower shall occupy, establish, and use the Property as Borrower’s principal residence with 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower’s principal residence for at least one year after the date of occupancy.”

Since the Homestead declaration also covers Ms. Awad, it is quite possibly an investigation will conclude that she was no longer entitled to serve on the Amherst Select Board as of April 10.

On April 23 the Amherst Select board voted 3-2 (with Ms. Awad making the motion and then voting in the majority) to place on the Annual Town Meeting warrant an article to increase the Community Preservation surcharge Tax from 1.5% to 3%. Town meeting approved the measure and it will be placed on the November Ballot.

But, if Ms. Awad were not legally entitled to vote as a Board member on April 23, the outcome would have been a 2-2 tie and the measure would not have been placed on the Town Meeting Warrant and would not appear on the ballot this November.

Certainly as of June 10, because of the mortgage, Ms Awad is no longer a resident of Amherst. And from that day forward any 3-2 vote of the Amherst Select Board that she participates in will be subject to legal challenge.

In fairness to the voters of Amherst, could your office please expedite an investigation into this matter?

Sincerely Yours,


Larry Kelley
Amherst Town Meeting
Amherst Redevelopment Authority

Anybody here, see my old friend Bobby?

That evening, an otherwise routine mid-week school night, I was home alone. I turned on the TV around 9:00 PM to one of three channels we received up on Crow Hill (the Irish part of Amherst) and live from California, my hero, Bobby Kennedy was giving a desperately needed victory speech .

What I loved about Bobby is that he was not prepackaged. He once said if you really, truly believed in something then you should be able to speak from your heart without reading from a script. And that he did, ever so well.

For instance, a few months earlier, on the day Martin Luther King was assassinated, Bobby spoke (against the advice of his handlers) extemporaneously to a predominately black crowd in Indianapolis —about the only major American city that did not go up in flames that awful day—and embraced their souls.

Because indeed, he had been there.

TV news was not quite as slick back in 1968. After his exuberant speech, the live cameras kept rolling. The sights and sounds of celebration went eerily quiet...and then turned to horror. As he lay dying, a 17-year-old Hispanic busboy presses a rosary into his hand.

On the early morning he was ambushed, pre-planned security protocol called for a different exit. One aid remarked that if only he had stuck to the original route…

A more seasoned assistant observed: “But how often did he change plans at the very last second and, as a result, avoided a waiting assassin?”

Death is W-A-Y too good for you

So the cowardly over-sized, under-shaved piece of crap wants to be “martyred for a long time.” Let’s hope when he finally does check out (heart attack no doubt) 3,000 angry Americans are there waiting to greet him rather than the 72 black-eyed virgins.

But NO, please don’t end his miserable existence. Let him rot in jail--with lousy food, no virgins and nothing but time: to think about that day when he slaughtered 3,000 innocent civilians (not to mention his own 19 starry-eyed pernicious pawns.)

Stein speaks

In a message dated 6/2/08 12:05:58 PM, dstein@mtholyoke.edu writes:

So, you would like the town to spend the $ for a special election when if
she waits until with 90 days of the Sept primary, it can cost nothing
extra?
Diana


In a message dated 6/2/08 2:01:02 PM, Amherst AC writes:

Diana,
My understanding is it will still cost money even if it is placed on the September primary ballot but just not as much as the 12-K for a stand alone election. Yes, I would much prefer it be done on the September primary ballot. But, either way: she needs to step down as of June 10'th.
Larry

In a message dated 6/3/08 9:42:11 AM, dstein@mtholyoke.edu writes:

Larry,
It will be a loss to the Town no matter when she steps down as she
has served the longest and remembers the background for issues that the rest of us do not have institutional memory about. That recall of issues can save us money and time.
Diana


In a message dated 6/3/08 10:12:05 AM, Amherst AC writes:

Hey Diana,

My institutional memory goes back twenty-five years. My family's goes back five generations. Her 8 years is but a drop in the bucket.
Larry


In a message dated 6/3/08 10:54:17 AM, dstein@mtholyoke.edu writes:

Larry,
But you haven't served on the SB during the last 8 years which is
what I was referring to. Serving sharpens one's memory about related
issues. And I have lived here since 1964.
Diana


In a message dated 6/3/08 11:07:15 AM, Amherst AC writes:

Hey Diana,

Then you can always call Bryan Harvey who served forever. The landscape is littered with folks around who have served on the SB (Judy Brooks, God forbid--Harry Brooks--or Carl Seppala, etc) who would probably be open to giving advice if asked.

What you need to now consider is the image and credibility of this office to which you have ever so recently been elected.
Larry

In a message dated 6/3/08 11:38:20 AM, dstein@mtholyoke.edu writes:

Hi Larry,
I know many of the former SB members. But having someone there
while we discuss issues who brings forward relevant info from the past is very different from my calling up someone and asking. Sometimes it is not clear what questions should be asked until Anne brings up an important point.
Diana

In a message dated 6/3/08 12:56:38 PM, Amherst AC writes:

Hey Diana,
Well then I guess you will just miss her when she's gone. But get used to it--because she will be gone with the wind very soon now.
Larry