Wednesday, June 18, 2008

To protect and to serve...

So if you can possibly think of anything worse than losing your toddler a few days before Fathers Day, please don’t tell me.

When we dial 911, they respond—in most cases almost instantly.

And when they need help, they too call 911. For police, the dreaded dispatch is "officer down!” And for anyone involved in Emergency Services the call about an unresponsive child in a backyard swimming pool is equally harrowing.

As is often the case, police arrived first on the chaotic scene.
A cruiser rushed a mile to deliver the precious cargo to a waiting ambulance.

Springfield police blocked traffic along the hospital route to allow the ambulance to make better time. A firefighter and police officer performed CPR all along the way.

Despite this seamless cooperation between emergency responders and the frantic initial attempt at revival by her father, the little girl is gone. A family devastated beyond words.

Jesus “Ricky” Arocho is an Amherst Police officer. A day after the unspeakable event, off-duty fellow officers descended on his house and dismantled and removed the above ground pool. And on Saturday they attended in mass the funeral service.

Please send whatever you can (if only your prayers.)

"The Arocho Family Fund"
c/o Peoples Savings Bank
56 Amity Street
Amherst, MA 01002

Tuesday, June 17, 2008

The game continues...


Amherst Board of Registrars
Town of Amherst
6/17/08

Under the General Laws of Massachusetts Chapter 51: Section 48 please consider this a formal complaint regarding the registered voter status of Robie Hubley (also an Amherst Town Meeting member) and his spouse Anne Awad (also a Select Board member.)

On April 10’Th Mr. Hubley freely signed a ‘Declaration of Homestead” for a recently purchased estate--twice the size and value of their Amherst condo--at 4 Jewett Lane, South Hadley. That notarized one-page legal document clearly states: “I own and am possessed and occupy said premises as a residence and homestead.”

Mr. Hubley and Ms. Awad also both signed a mortgage with Florence Savings Bank (an FDIC institution) for the property in South Hadley containing the following provision: ‘Occupancy: Borrower shall occupy, establish, and use the Property as Borrower’s principal residence within 60 days after the executions of this Security Instrument.” That residency deadline passed on June 10.

In response to this legal information going public, the couple published a Letter in the Amherst Bulletin declaring: “The homestead declaration, cited frequently by this newspaper as proof that we are already living in South Hadley, was an error on our part. We were unaware that such protection can only apply to one’s primary residence. We removed the homestead declaration as soon as we realized the error. It now applies only to our Amherst home as it has for years."

But according to a check of the Registry of Deeds this morning the Homestead for the South Hadley residency was never “removed” and is still in legal effect. No such Homestead exists for any location in the town of Amherst. And the state only allows one Homestead per couple.

The couple is also actively trying to sell their North East Street condominium.

Ms. Awad’s Select board seat will be more expensive to fill via a standalone Special Election, and the deadline to piggyback her open seat on the already scheduled September 16’th primary ballot (resulting in significant savings to taxpayers) is fast approaching.

I ask for a speedy resolution to this matter.


Sincerely,


Larry J, Kelley
Signed and sworn under the penalties of perjury

ACLU spanks Amherst, again


The American Civil Liberties Union has yet again taken issue with overbearing heavy-handed (Only in) Amherst town officials: last March Middle School officials tried to suppress an unflattering student newspaper article, and now it’s the threat by Amherst Town Manager Larry Shaffer to “take over” the July 4’th Parade.

After the town abandoned the Parade in 1976, a private all-volunteer committee revived it immediately after 9/11 to honor and commemorate public servants—police, fire, ambulance, active military and veterans.

The parade is promoted as a celebration—a birthday bash for the United States of America.

Since its rebirth however, the private committee has endured constant criticism from a narrow (minded) group of individuals who wish to display their political propaganda at the private group’s expense.

The Supreme Court unanimously ruled that a private committee could selectively squelch messages they deem inappropriate.

Three years ago the Amherst Select board, under former Czar Anne Awad, drew a reprimand from the District Attorney for violating the Open Meeting Law by using emails to plot the demise of the Parade.

So this heavy hitter coming down on the side of the private July 4’Th Parade Committee should end the controversy.

Ultra-liberal Amherst doesn’t want to get into a fight with an organization many folks consider their bedfellow. Besides, when the town loses in Federal Court, they will have to reimburse ACLU legal expenses.


Republican (newspaper that is, gets the scoop

Monday, June 16, 2008

Bringing a gun to a knife fight


Well I hope the town did not pay much for that rather short letter. So yeah, I will implement the “local” option and when they blow me off, will recontact the AG. Notice the AG said they would not take up the case “at this time.”

As some of you may remember another town meeting member challenged on the floor of Town Meeting the right of Anne Awed to act in behalf of the Select board and nobody ever mentioned this option of going to the Board of Registrars.

(Yeah, I noticed the fudged receive date but am not sure what's up with that)

Sunday, June 15, 2008

If you want it done right...

(Click to enlarge. Yeah, nice stationary)

Wow! So the AG declines to initiate a ‘quo warranto’ action “at this time.” Okay…fair enough. After all, my original complaint targeted Robie Hubley a one-of-240 Amherst Town Meeting member, so I understand why the AG considers him exceedingly small potatoes.

My best piece of legal evidence was the Homestead declaration signed by Mr. Hubley on April 10 that legally declared South Hadley his new home. His wife Ms. Awad, one-in-only-five-Amherst-Select Board member, did not sign the Homestead; although she did sign a FDIC mortgage agreement that same day swearing she would be a "primary resident" of the South Hadley home by June 10.

Of course what I find fascinating about this is the town attorney sent a letter to the AG defending against my complaint (at whose request and how much cost to the taxpayers of Amherst?)

Because the AG Assistant By-Law Coordinator neglected to actually include the Amherst town attorney’s letter I’m not sure what he had to say. But it sounds like a bureaucratic delaying action and nothing more.

If I am forced to wait until 4 days before a primary election or the Fall Town Meeting (as this part of Mass General Law Chapter 51 Section 48 requires) to challenge the arrogant couple, it will be too late to get Ms. Awad’s Select Board seat on the September 16 primary ballot, thus costing taxpayers thousand$.

Hmmm…

And this is their best defense???

And it only gets better...


Amherst Bulletin
Column, Larry Kelley
Published February 2003

Time now has a joyous new means of measurement, BK and AK: Before Kira and After Kira. Yes Kira Li, sixth generation of Kelley to call Amherst home, you have vaulted to the top of the totem pole, realigned the pecking order, and made mornings infinitely more worthy of awaking to (in spite of the early hour).

We didn’t feel obligated to retain your Chinese name (Huai Yun Shi) because all the little girls from your orphanage shared the same surname. Let that be your first lesson in the way of bureaucracies: they choose the path of least resistance. But then, they have to care for so very many like you who are cast aside simply because of gender.

We plucked you from an orphanage two hours drive from Hefei the capital of the Anhui province, a predominantly agrarian area (renowned for its beautiful women) as dirt poor as our own Appalachia. You had 11 other roommates—all girls-- in an unheated room measuring only 21 feet by 11 feet, with one caregiver per eight-hour shift.

Three cribs touching end-to-end on the left wall and three more similarly aligned on the right, with two babies per crib, all bundled up like skiers at a Vermont resort (outside temperature was in the 40’s). You occupied the middle crib on the right now empty because a family from Spain liberated your crib mate the week before.

But your caregiver shed tears when Donna took first gently took you away from her that long awaited afternoon in the Hotel Conference room (12/16). So we’re confident she did everything possible for you—but with eleven other baby girls constantly craving attention…well, it’s hard to ration love.

On the drive to the orphanage we visited the bustling area where you were found on 9/24/01, the very day you were born. Some birthday present, eh?

Maybe your mother was too poor to support you; or perhaps your father desired a boy. Because of the ubiquitous abandonment of girls, China recently relaxed the ‘One Child’ policy--allowing a second try for a boy. So perhaps your parents had to unfairly choose between you and an older sister.

Yin/Yang, life’s opposites interacting together. If not for the nightmare of your initial world entry, our dream to become parents would never have materialized. Chinese legend also tells of an ethereal red thread that winds through space and time to create a cosmic connection, bringing together those who were destined to be.

Very early the morning before we became a family a dispatch from Amherst delivered the sad and stunning news that an old friend had died. For over 20 years he always took credit, partially true, for bringing your new mother and I together.

Just don’t ever believe that Chinese people loathe little girls. Anytime we went anywhere with you in public we attracted a crowd of well-wishers. And women would constantly come over to inspect you to make sure we had dressed you warmly (in China that meant onion-like layering).

We met a man from Houston who beat the odds by adopting a 2-year-old boy (96% of China adoptions are girls) who was raised by foster parents wanting a companion for their lone little boy. Tragically, the natural son drown--yet they still had to surrender the foster child to an American.

Resentment from the Chinese towards us was almost nonexistent. Even the stoic military guards in olive green uniforms would occasionally smile over the antics of baby Chinese girls enthralling the crowds of curious onlookers, while their proud middle-aged American parents held them tightly.

On Christmas Eve at about 11:45 am, with the American consulate closing at noon, you became an American citizen. No flag waving, no singing the Star Spangle Banner and, in fact, most of the 18 other couples in the cramped room didn’t even stand as we raised our right hand and swore that everything provided in the written documents was correct.

But the Peoples Republic of China’s 1. 2 billion populations was reduced by 1 and the town of Amherst, also sometimes referred to as the ‘Peoples Republic’, increased accordingly. Perhaps no town in American is more accepting of diverse cultures and beliefs (as long as your not a Republican of course).

So when locals see us walking (any day now) down the street or dining at a downtown restaurant, inevitably some will think that I have done a good and noble thing in “saving” you.

Little do they know, my darling daughter, quite the opposite is true: My salvation is you.

Saturday, June 14, 2008

One bad apple (or two)

Click to enlarge/read

So now we have not one but two flagrant violations of Mass General Law Ch. 40 Section 14. We purchased land without a two-thirds vote of Town Meeting and we are paying—if the deal goes through—over 25% of appraised value.

Previous post

note April 10 publication date of previous post (day Hubley/Awad became South Hadley residents)