And the sign says

Groff Park Pavilion

Coincidentally enough the Leisure Services and Supplemental Education Commission (folks outside the People's Republic would call it "Recreation Department") last night discussed 24 new "No Smoking" signs for the playing fields and playgrounds around town, 12 going up this year and 12 the next.

But you have to wonder if those signs will be any more effective than this "No alcoholic beverages allowed sign" at Groff Park pavilion?

The Amherst Board of Health had considered a total smoking ban on all town owned land--including the Town Common--but pressure from local business owners and the Chamber of Commerce, college students (mostly UMass), and perhaps ardent libertarians caused them to back down to just banning the foul habit around playing fields and playgrounds.

In 1999 the Amherst Board of Health spearheaded a smoking ban in the workplace that included bars. The volatile episode became known as "The Smoking Ban in Bars War." The Board of Health won as the bars rendered an unconditional surrender; today smoke free environments are as routine as cell phone reception.

And now that environment extends to the outdoors, mostly.

A simple act of kindness

With the anniversary of that dark day but a month away, and the recent catastrophic loss of 30 American soldiers ardently doing their job still fresh in our memory, please consider a donation to assist two men who have already paid their dues but now find the government lacking when it comes to repaying them for their service.

Do it out of compassion, Christian moral values or plain old self interest. Because when the guardians start to fall, who is left to protect us all?

Into the Belly of the Beast

Senator Scott Brown: dressed for a hike

Senator Scott Brown came a calling this hot afternoon, picking one of the highest locations in Amherst, the top of The Notch state run visitors center, as his stage .

The Senator was supposed to talk about the economy and tourism, but he was immediately set upon by demonstrators so he and his entourage crossed over Rt. 116 and headed up the steep slippery incline to Bare Mountain, the nearest peak to the visitors center--but still a good workout.

Yes, I managed to shake his hand, although I forgot to take off my bike gloves. I had taken the long route to get there from my house which is normally a three mile ride but going the long way to avoid the Atkins Corner construction was 12 miles with a sprint up the, thankfully easier, south side of The Notch.

I arrived a minute or two after 2:00 PM but had little to worry about as the Senator was about 20 minutes late in arriving. When he did appear I was still sweating and as he shook my hand he complimented my American flag bike shorts and mentioned that he just did the Pan Mass Bike Challenge (with Lance Armstrong.)

It was then the demonstrators started to get (verbally) pushy.

A republican Senator in the People's Republic of Amherst is about as rare as a white whale; and this one in particular strikes me as a tad more formidable than Moby Dick.

A few fans and lots of media showed up

Political Welcome Wagon

The opposition was organized

Jones Library has a new Director

Sharon Sharry, director of the Greenfield Public Library is now the Director of the Jones Library, an iconic downtown Amherst institution. Surviving a first round 3-3 deadlock vote against the only other candidate, Christopher Lindquist, director of the Westfield Athenaeum, Ms. Sharry won a unanimous 6-0 vote in the second balloting.

After the unsettling episode last year where a renegade wing of the Jones Library Trustees, a sort of evaluation inquisition, drove out 30 year Director Bonnie Isman, lets hope the new director can maintain cordial terms with the Board of Trustees--especially now that Carol Gray has returned from a one year stay in Egypt.

Somebody appreciates my timeliness

Legal Shuffle

According to the Regional School Committee 9/22/10 minutes, "By a vote of five to four, the committee voted to hire Dupere and Dupere to provide the district’s legal representation for Special Education services."

On 11/30/10 a concerned parent asked the Regional School Committee why Gini Tate was still serving as Special Education counsel for the region: "Mr. Rhodes explained that the School Committee had to negotiate an agreement with the new Special Education attorney, which then had to be ratified by each School Committee. As a result, the contract with the new firm does not begin until December 1, 2010." Of course that was the very next day--or so you would think.

Meanwhile in another part of the space time continuum, on 11/13/10 to be exact--three weeks after the school committee vote to--effectively fire attorney Tate as Special Education counsel, a parent filed suit against the Amherst school district.

Dupere and Dupere started on December 1st at a fixed, all-you-can-litigate, annual cost of $36,000. The first official response to the parent filing suit from Attorney Tate's office concerning the case is dated--you guessed it--December 1st. Pretty quick response for an attorney, eh?

So, rather than having Dupere handle the matter at no additional cost to the taxpayers, the schools--in violation of a School Committee vote--hire attorney Tate, at $220/hour fee plus four hour round trip travel time from her office in Quincy.

The parent who filed suit on November 13 withdrew the action, then refiled on April 4, 2011, using a different legal approach thus providing yet another technical reason Dupere should be handling the case at no additional taxpayer cost.

I asked Regional School Committee chair Rick Hood for an explanation and received this curious response:

"There were three cases carried over from the transition between Dupere and MHLT (Attorney Tate). Two of the cases have reached conclusion and/or are awaiting the BSEA to issue their decision. The third case was a re-filing of a case where MHLT (Attorney Tate) had already worked extensively on it during the FY11 school year prior to Dupere being appointed the new SE attorney. Probably this is the case you are referring to.

Where MHLT was already deeply involved in a case it was thought best (and less expensive) to keep MHLT on it."

Less expensive? You can tell Mr. Hood has an extensive background with yachting! How could Attorney Tate have "worked extensively" or have been "deeply involved" on a case that was originally filed on November 13 with her initial response dated December 1, only two-and-a-half weeks later?

Obviously attorney Tate became a comfortable fixture in the Good Ol' Girls Network now controlling the schools, and since taxpayers unknowingly cover the tab, she's darn well going to stay--no matter the additional expense.

But how do you put a price on trust?

########################################

To: amherstac
Cc: Maria Geryk ; Kathy Mazur ; Mary Wallace
Sent: Fri, Aug 5, 2011 11:22 am

Good Morning, Mr. Kelley:

I'm happy to provide the information you requested. The hourly rate for services provided by Murphy, Hesse, Toomey and Lehane (Ms. Tate's firm) is $220.00. The School Committee vote to hire Dupere and Dupere for the districts' Special Education services and Murphy, Hesse, Toomey and Lehane for the districts' general counsel was taken on September 22, 2010. I've attached the minutes for your convenience.

Best,

Debbie

Debbie Westmoreland
Administrative Assistant to the Superintendent


You would think that somebody on this Cc list knew all too well that Ms. Tate was still involved in a Special Education case, and could have clarified this response.

The cost of doing business?

We have already learned recently that the Amherst schools spent $200,000 in "settlements" with former employees over the past five years (not counting costly unemployment benefits); but with our municipal education machine being such a large local employer, maybe not such a bad batting average.

And maybe in the long run those settlements saved money or helped maintain the integrity of the system, as the women in charge would argue. In fact, they maintain it's usually a combination of both those rationals and that argument would probably be applied to any and all "legal expenses."

How unfortunate that a system designed to educate all our children spends tax dollars on litigation...but a necessary evil, perhaps.

After all, the Amherst schools account for over two-thirds of the entire town budget, or $49 million last year between elementary and regional high school.

Still, do they have to spend so much?

Legal Expenditures

Amherst-Pelham Regional School District:

	FY09	FY10	FY11
School Committee	15,802	17,330	32,315
Human Resources (personnel)	5,123	5,714	6,446
Special Education - MHT&L	49,443	27,315	41,911
	70,368	50,359	80,672

Amherst Public Schools:

	FY09	FY10	FY11
School Committee	9,728	24,763	25,077
Human Resources (personnel)	8,255	5,464	5,854
Special Education - MHT&L	17,112	3,733	14,729
	35,095	33,960	45,660

########################################

8/4/2011 9:48 AM

Could I please get Attorney Tate's current hourly rate and total amount paid in FY10 and FY11 by the School District?

And for clarification: was she terminated from handling school district SPED cases as of December 2010?

Larry K

To: amherstac
Cc: Maria Geryk ; Kathy Mazur ; Mary Wallace
Sent: Fri, Aug 5, 2011 11:22 am

Good Morning, Mr. Kelley:

I'm happy to provide the information you requested. The hourly rate for services provided by Murphy, Hesse, Toomey and Lehane (Ms. Tate's firm) is $220.00. The School Committee vote to hire Dupere and Dupere for the districts' Special Education services and Murphy, Hesse, Toomey and Lehane for the districts' general counsel was taken on September 22, 2010. I've attached the minutes for your convenience.

Best,

Debbie

Debbie Westmoreland
Administrative Assistant to the Superintendent

Gateway shuffle

Former Frat Row, forever UMass

The Gateway Project, so named because it hopes to transform the main entryway to UMass while seamlessly connecting our largest employer to downtown Amherst, inched forward this evening...but once again demonstrated the changing nature of the project.

Deputy Chancellor Todd Diacon told the Amherst Redevelopment Authority, "We wholeheartedly support the Gateway Project." He also confirmed UMass funding for a traffic study in the Gateway corridor as part of their ongoing Master Plan.

Town Manager John Musante testified the town will sponsor warrant articles for the fall Town Meeting to hire consultants for a marketing study and to map out zoning changes required if the Gateway "vision," now endorsed by both the ARA and UMass, is to become a reality.

Zoning is a key factor which requires a two-thirds vote of Amherst Town Meeting. Since that body will deliberate spending tens of thousands on additional consultants for the Gateway project in November, the majority vote required will be a bellwether of how well the zoning vote--a higher hurdle--will fare.

Diacon also admitted, however, that his office would not advocate for the transfer of Frat Row, a 1.8 acre prime swath of land deemed a "catalyst" by the Gateway Vision consultant, to either the town or the ARA--although he stated UMass would landscape the wide open property and that they had no plans for building construction over the next five years.

UMass purchased the property, formerly home to five rowdy frat houses, for $2.5 million. Originally the Gateway Project commenced when UMass offered to donate the land for a private sector mixed use project but one providing significant housing. After a chorus of complaints from immediate neighbors fearing a resurrection of Frat Row, the housing aspect was significantly altered.

If Town Meeting approves the zoning change, individual private developers will have to undertake the task of transformation, with a form-based zoning code for guidance and a "vision" as inspiration.