Incendiary Library Debate

After extensive public discussion, one positive Town Meeting vote and two successive Override failures, the fate of Shutesbury's new library is now in the hands of a Superior Court Judge, as proponents of the library/community center refuse to take NO for an answer.

They will, however, learn to do that soon enough.

Interestingly, lead architect of the lawsuit and--questionably--its attorney of record, Michael Pill, makes a good living servicing NIMBY clients shouting NO.

Mr. Pill represented neighbors trying to stop the HAP Butternut Farm low-income project in South Amherst (and failed), the Amherst neighbors on University Drive opposed to rezoning property for senior housing combined with mixed use commercial (and won), and he's representing Amherst Woods neighbors opposed to a solar farm on the old landfill, which he will surely lose.

Of course win or lose, Mr. Pill always gets paid.

M.N. Spear Memorial Library, Shutesbury

Two of the eight challenged ballots (that the Board of Registrars allowed) just happen to be Mr. Pill's grown children, ages 28 and 32. And two other challenged ballots (also allowed) had close ties to the Powers That Be in rural Shutesbury:  The 25-year-old son of former town administrator David Dann and the 29-year-old son of Becky Torres the current town administrator who was Chair of the Select Board when the proposed library site was purchased in 2004.

Proposed site for new library

Christopher Buck was the only vote overruled by the Board of Registrars and thrown out because he voluntarily registered to vote in Kentucky shortly before the second Shutesbury Override vote.  And that clearly trumps any previous voting place.

Even the complaint filed by library supporters telegraphs their lack of confidence in throwing out the Paczkowski no votes, as they ask the judge for a remedy:  "Order the defendant Board of Registrars not to count the votes of Richard and Joan Paczkowski, or in the alternative if the Paczkowski votes are to be counted, then order the defendant Board of Registrars to count the vote of Christopher Buck."  Which would approve the Override by a count of 523-522.

Richard and Joan Paczkowski taking the time on 10/14/2011 to reregister in Shutesbury--their hometown for the past 37 years--trumps their previous registration in Florida where, like many folks of retirement age from the northeast, they winter. 

Much is made out of the Paczkowski's taking out a Homestead Declaration on that Florida property. Almost four years ago, however, the Amherst Board of Registrars took up that exact scenario with Anne Awad and Robie Hubley, who had taken out a Homestead Declaration on a house in South Hadley (where they currently reside) but used an empty condo that was up for sale as proof of residency in Amherst to not only vote, but also to hold elected office.

The Amherst Town Clerk testified at the 7/3/08 hearing: "There was no known legislation whereby the signing of a Homestead Declaration for a property in another community could be used to determine that an individual could not be registered to vote in the community in which they consider themselves to be a resident."

The Amherst Board of Trustees voted 3-0 to allow Hubley and Awad to maintain their voting rights in Amherst.  Just as the Board of Registrars did in Shutesbury on January 25 with Joan and Richard Paczkowski. 

Case closed.

 And NO, it will be

Sick stereotype

So yes, I find the Irish Yoga Trucker  Hat--with a  man on all fours puking green shamrocks--doubly offensive:  To the Irish, and anyone who practices yoga.  Doubled down if you are both.  

And to the millions of Americans who struggle daily with an addiction to alcohol. 

Urban Outfitters is an ultra hip, profitable retain clothing chain targeting a younger, impressionable, demographic.  A good corporate citizen doesn't do anything to anger or slight an entire ethnic group --at least not knowingly.  And since an article in Irish Central has now put them on notice about how offensive that image is to a high percentage of viewers (potentially 40 million Irish Americans), it will be interesting to see how Urban Outfitters responds.

Urban Outfitters, Northampton

No Irish Yoga hats, but the Northampton branch did have this t-shirt and "beer briefs"

Ancient Secrets Revealed

Town Records dating back to 1759 stored in a locked vault in the basement of Town Hall

Who would have thought Amherst had to appropriate town money to outfit men serving in the cataclysmic war between the states?

Soon enough anyone will be able to access Annual Town Reports back to 1861 and Town Meeting records to 1759--the founding of our fair town.  Our Information Technology Department has scanned all the old records stored in a walk in Mosler Safe in the basement of Town Hall and will soon upload them to the town website.

Now that ought to increase traffic.

"Military:  Under the vote of May 1, 1861 we have borrowed and expended for the outfit of the soldiers in the Army from this town $535.17 and for soldiers' families to March 1st $1158.29.  Total $1698.46 of which amount $1116.71 is due from the state.  Between 80-90  persons have enlisted in the army from this town, 25 of whom have families, dependent upon them for support, requiring about $200 per month to satisfy their claims."

1861-1863 Annual Town Reports (just to whet your appetite)

Cost of Bad Judgement

 Top of The Notch

In addition to the Amherst tax dollars consumed for a gaggle of first responders, the cost of rescuing a hiker on Bare Mountain last week needs to be measured in more than just dollars--even if it was $10,000.

According to AFD Chief Tim Nelson the late night rescue, "Came close to negatively impacting a medical emergency. The guy on the mountain made a bad choice but he had a choice. Those people who truly need our help don't have a choice."

Not to mention the potential harm to first responders negotiating dangerous conditions in order to carry out the mission, as evidenced by a police officer injured in the incident.  

Yes, you don't want people to hesitate calling 911 in an emergency if they think a bill will be presented for services rendered as a penalty, but at the same time you don't want taxpayers to subsidize irresponsible behavior.

And setting off on a hike in mountainous woods, late at night, in the middle of the winter is by most standards of measurement, a bad call.

In Alaska, Colorado or even our neighboring New Hampshire White Mountains, if someone gets into trouble on a hike and requires a tactical rescue, authorities send them a bill (assuming they survive).

Or if our ambulance picked up an unconscious citizen on the side of the road and transported them to the Cooley Dickinson Hospital their insurance company would cover the cost or Amherst would send them a bill.

And it would not be hard to itemize.

Amherst Fire Department costs:

Personnel – $2830.89
Apparatus Equipment $4800.00
Total – $7630.89

Amherst Police Department costs:
4 patrol officers at the scene times 3 hrs each: $437.04
1 Sergeant at the scene for 3 hours: $131.10                                        
1 Lieutenant at the scene for 2 hours: $104.64
And 4 shifts covered for injured officer 32 hrs. Total: $1165.44
Grand Total:   $1838.22

And these are just Amherst's costs.  South Hadley Fire District 2 also had a major response and the state Department of Conservation and Recreation.

What else AFD did that week (Dispatch statistics)

Polluted Library vote

Automotive trash pile behind building

In spite of the rosy Gazette headline (1/7/12) "Consultant finds no contamination at proposed Shutesbury library site" published just days before a critical second Override vote (1/10/12), even the most cursory perusal of the property would indicate otherwise.

Leading library proponent Michael DeChiara added even more emphasis on the "Yes For New Library" Facebook page by publishing the word "NO" contamination in all caps. 

In fact, the consultant hastily hired by the town after a whistleblower voiced concern over the contamination discovered, "All Extractable Petroleum Hydrocarbons 'were below the reporting level of the laboratory methodology with the exception of 19.1 PPM C19-C36 Aliphatic Hydrocarbons and 33.5 PPM CII-C22Aromatic Hydrocarbons detected in Sample FD-S-2."

The report continues: "The sample from beneath the drum was analyzed for Polychlorinated Biphenyls based on detection of PCBs in the petroleum remaining in the drum by Oil Recovery, Inc. A total of 39.9 parts per billion PCBs was detected in soil."

One of three drums left on site

Debris immediately behind building

Note to Gazette headline editor:  PCBs constitute "contamination."

When the town purchased the 22 acre site for $212,500 eight years ago from Amherst developer Barry Roberts, the property was only assessed at $137,500.  Even though it resembled a junk yard modeled after "Sanford and Son", no pre-sale environmental study was performed.  If any individual taxpayer tried that with a mortgage, the bank would demand an environmental site assessment as per normal business practice known as "due diligence."

Additionally, a fire station two doors down and a DPW across the street are what the consultant refers to as "Recognized Environmental Conditions."   Especially since the fire station is a known hazard contaminated by a leaky underground gas tank that has cost the town over $200,000 to date in clean up costs, with no end in sight.

The homeowner sandwiched between the fire station and the proposed library site has a contaminated well and receives potable water by special arrangement with the town.

Virtually all houses in Shutesbury have septic systems and well water. The elementary school is the only facility with town water/sewer, although much is made of the current library not having "running water."

You expect spin from both sides on any question as important as an Override vote, but when town officials downplay public health issues you have to wonder what else they would do in order to get their way?

Inside the former three bay auto repair facility, the concrete floor is cracked

Automotive fluid runoff  channeled to open floor drain

Quieter weekend for AFD

As usual, long weekends that empty UMass means less overstretch for the Amherst Fire Department, although ETOH (alcohol poisoning) and false fire alarms still occur with too much regularity--both on the campuses as well as in the town. 



AFD weekend run summary 2/17-2/20

Party House of the Weekend

 351 Main Street, Amherst

So yes, I suppose if you can afford the price of a pack of cigarettes these days, you (or Mommy and Daddy) can afford the $300 noise violation ticket garnered for desiring one last drag on the cancer stick.

Perhaps the town should also pass a by-law against entitlement, arrogance and stupidity combined. 

#####

Just after midnight, early Sunday morning.  RP reports loud party, possibly playing indoor soccer.  351 Main Street #4

According to APD narrative:

Loud music and voices heard upon arrival.  Approximately eight guests outside talking loudly.  Approximately 35 guests inside talking loudly with loud music.  One resident was cooperative but in no hurry to end the party.  Second resident, Benjamin Lagasse, refused to assist his roommate in clearing the house.


Lagasse given several chances to go inside and assist, however he indicated that he could not do anything and he was going to finish his cigarette.

Arrested for noise violation:
Benjamin Joel Lagasse, 9 Winslow Way, Orleans, MA, age 20


Property Ownership Card for 351 Main St, Amherst