Free Speech Is A 2 Way Street

I had never heard of -- let alone watched -- Duck Dynasty, until yesterday.  Now I've certainly heard of it.  But no, I'm not about to start watching.  Or start a subscription to GQ Magazine.

Since the punishment for voicing an opinion offensive to some is termination from a reality TV show that seems to have a h-u-g-e following, cries of censorship and infringement of the First Amendment are being bandied about.

Since the agency invoking the punishment (A&E Network) is not the government, the First Amendment simply does not apply.  But certainly free speech -- as in the freedom to speak your mind -- is being infringed upon, because Phil Robinson is being punished for exactly that: speaking his mind.

While I strongly disagree with his opinions about gays, I will defend to the death his right to be wrong.

Although I did agree with his follow up comment:  "However, I would never treat anyone with disrespect just because they are different from me.  We are all created by the Almighty and like Him I love all of humanity.  We would all be better off if we loved God and loved each other."

If a large number of people are offended by his "speech" and can no longer stand the sight of him, then ratings will crash like a duck shot out of the sky.  Then A & E can cancel the show for lousy ratings.

Five years ago a prominent member of the Amherst Select Board wanted to have me arrested for mentioning (with a photo no less) in my usual forthright manner her clear violation of the residency requirement for the highest elected position in town government.

Interestingly enough she was also the one who told then Town Manager Barry Del Castilho NOT to issue a parade permit for the July 4th Parade because the private parade committee had rules forbidding political statements of any kind.

Now that was a clear violation of the First Amendment, upheld by a 9-0 Supreme Court decision.

As my friends at the ACLU would say, the way to deal with bad speech is with more good speech, not censorship.

Twitter gets all fired up

"Many fans asked for my thoughts on the "Duck Dynasty" controversy. They pressed and pressed, but I refused to quack. But I can't duck this issue forever. I don't really care feather someone on a reality show said something about gays that didn't fit the bill. He's entitled to his opinion, even if it's for the birds. But the network also is worried about flocking with its base, so if it feels it should drake him over the coals for making his fowl comments, so be it. So that's migrate opinion."
--George Takei

Rental Permit Bylaw Upheld

Attorney General approves a bevy of Amherst Town Meeting bylaws

The road to the most important legislation passed by Town Meeting in over a generations has been rocky to say the least.  The Rental Registration Bylaw was bitterly opposed leading up to Town Meeting last Spring where it passed by a surprisingly w-i-d-e margin.

According to the state's Top Cop, "We acknowledge the letters and emails sent to us opposing the amendments adopted under Article 29 (Rental Registration Permit).  Interestingly the Attorney General's office goes on to say, "While we cannot conclude that any of these arguments furnish a basis for disapproval of the by-law, these letters and materials have aided our review."

One section of the bylaw states a registration form should be submitted to the "appropriate Town office."  Which in this case is the Principal Code Official (Rob Morra, Building Commissioner).  The AG has suggested the town clarify that section of the bylaw to identify the Principal Code official as the rental czar who issues permits, and can issue exemptions.

Apparently landlords had problems with the section of the bylaw that requires tenants to be made aware of the provisions of the new Rental Bylaw and inspection system, and that a copy of the lease be provided to the town.   The charge was that this is a violation of the "prohibition against regulation of a private civil relationship,"  which was used to strike down "rent control."

The AG found that section permissible because it is specifically limited. The boiler plate language in the bylaw clearly states: "Subject to and as limited by the Constitution of the Commonwealth."  So if a landlord finds something in the permit bylaw requirements that violates the state Constitution, then they can safely ignore it.

The new bylaw also requires the Select Board to appoint a Rental Appeals Board, to act as ombudsmen to help resolve issues amicably.  

Is the $100 permit fee a tax and therefor illegal because a municipality "has no independent power of taxation"?  The Attorney General thinks not. "Fees are collected not to raise revenues but to compensate the governmental entity providing the services for its expenses."

And in this case the Building Department has to hire a new full-time building inspector and administrative assistant to help oversee the program.  Amherst has identified 1,570 rental properties with a total of 5,265 individual rental units. That's a lot of oversight!

As of yesterday the Building Commissioner has received 160 applications (85% of them filed via the Internet) and issued permits for 56.  Or just a tiny bit over 10% of the rental properties in town. 

The law takes effect January 1st.

Town may want to think about stepping up PR outreach effort

Select Board Contest Gets Interesting

Town Clerk's Tally Sheet 

So now we have four Amherst citizens who have "taken out papers" for Amherst Select Board, which has two seats (out of five) up for grabs at the March 25 annual election, as both incumbents decided to retire.

Because two seats are open voters get to vote twice -- but, obviously, not for one candidate.  So it's not a Chicago Boss Hog kind of thing; just a normal, legal Amherst way of dealing with multi-player positions like Select Board, where all five combined equal a Mayor.  Sort of.

The two latest entries are Helen Berg and Yeshaq Warren.  Ms Berg filed a warrant article for Amherst Town Meeting last spring to fund extra PVTA bus runs to the Survival Center on Sunderland Road, which was defeated.  Other than that, no extensive public service experience in town. 

Yeshaq Warren took out papers five years ago for Select Board but never handed them in because as he commented on my post at the time:  "I was just incarcerated so I could not turn them in."  Um, yeah, now there's a Hell of an excuse.

And only two years ago APD arrested Yeshaq Warren for "assaulting a pregnant woman."  So maybe he figures Amherst Select Board members, in addition to their whopping $300 annual pay, also get a "Get Out Of Jail Free" card. 

Candidates have until February 4th to return their papers with the signatures of 50 registered voters. 

Not My Job

UMPD

Back when I was working for United Parcel Service under the auspices of the Teamsters Union, where our hourly pay for unskilled labor was almost four times minimum wage (with full benefits), the non-Teamsters UPS foreman who were company men always said "please" and "thank you" when giving orders to us pack mules.  

Strangely enough, as simple a curtesy as it was, it actually helped to sooth the usual labor/management friction. Although when real issues arose, the fallout could be downright dangerous.

   UMPD APD Joint Patrols

So I can see both sides of this grievance:  UMass police officers don't like being "inversed" to do work that is not spelled out in their contract, while their bosses want to ensure positive relations with the town of Amherst.

Meanwhile the hotspot areas saturated with students living off campus, don't get the full attention they deserve.  And it's the neighborhoods that will suffer.

So can we "please" figure this out before UMass comes back in session?

"Thank you!"

DUI Dishonor Roll

About one-third of all drivers arrested or convicted of drunk driving are repeat offenders

Amherst Police arrested three drivers last week for Driving Under the Influence, or about the average number. And none of them were Umass students. But all of them are old enough to know better.

Lee Comstock, age 27, was pulled over in the heart of downtown Amherst by a Umass officer, so let's hope when he goes to trial the Judge doesn't simply throw it out because it was an officer outside his normal jurisdiction.

Just this past Friday an Amherst police officer was almost hit by an erratic driver on RT9 Hadley, so he pulled her over, but then waited for Hadley PD to arrive to make the arrest.

Another 27-year-old male, Mathew Haramut, was also pulled over very close to Amherst town center and arrested for DUI.  Notice it was his second offense, so you can probably guess why he was "unlicensed".  

And Meghan Keane, age 42, was arrested late Sunday night for driving under the influence with an an open container of said influencer in the vehicle.  She also drew attention to herself by crashing the vehicle.

A Really BIG Deal

 Town Manager to Select Board:  "Very, very close" (to a deal)

The five year "Strategic Agreement" with our #1 client for pubic services -- UMass/Amherst -- expired June 30, 2012.   But the contract was extended for one year after former Town Manager Larry Shaffer (and his secretary) suddenly left town just when the agreement was expiring.

Town Manager John Musante told the Select Board last night that a new "partnership" was "very, very close" to being a done deal.

The previous agreement paid the town $350,000 for ambulance protection but was supplemented recently by an additional $80,000 to cover extra AFD weekend staffing to keep up with a spike in demand, all too much of it alcohol related. 

But, the previous agreement also clearly stated:  "If in the future the town vacates Mark's Meadow, UMass may reimburse the town for a portion of the net cost of educating students living in university tax-exempt housing."

The town did indeed (amazingly) close down Mark's Meadow in 2009 -- saving $800,000 in town tax monies the first year.  But nobody ever bothered to reopen the "strategic agreement" to seek reimbursement for the most expensive municipal product Amherst produces:  education.

In 2009 ARPS reported 55 students enrolled from UMass tax exempt housing, and most recently (back in March, when the Town Manager requested the current figures) the number stood at 57.

At the current cost to Amherst taxpayers ($18,388 per pupil) for our elementary schools, that alone comes to $1 million.

 Current Emergency Response Statistics.  Graph courtesy Tom Valle Secretary Local 1764

UMass also absorbs about one-quarter of Amherst Fire Department services (Umass has a police department but not a fire department) and AFD's annual budget is $4.13 million, so that's another $900,000 in UMass costs borne by Amherst taxpayers. 

In 2010 the University of Vermont (10,459 undergrads, 1,540 grad students) paid Burlington (population 42,282 with one-third of all property tax exempt) $1,100,000 or THREE times what the University of Massachusetts (21,373 undergrads, 6,196 grad students) paid Amherst (population 34,874, with one-half of all property tax exempt).

And UVM has their own ambulance service!

Therefore, no matter what the spinmeisters at UMass News and Media Relations say, anything less than $1 million per year for our "partnership" over the next five years is a bad deal.    

Figures Don't Lie

RKG VP Kyle Talente appears before Planning Board Housing & Shelter Committees

As has become the routine with any public meeting remotely concerning housing, the joint meeting of the Planning Board and Housing & Sheltering Committee last week to hear yet another housing study report became an opportunity for citizens to poke and prod in general and -- in particular -- air complaints about the town's biggest bogeyman, student housing.

Originally the $30,000 study, an outgrowth of the now dead Gateway Project (killed by the very same NIMBYs) , was to ascertain the market for non student housing. But as President Kennedy once observed, "A rising tide lifts all boats."  And in Amherst, the student housing market is a tsunami.

The usual suspects

According to the consultant, "There's a mismatch between supply and demand.  Students price out folks.  Until that need is met it will continue to happen."  Because student rentals in converted single family homes are oftentimes marketed by the bedroom the combined "buying power" of a typical student household matches that of a family with a household income of $100,000.

Houses coming on the market at a price point of $250,000 are prime meat for ravenous investors who can outbid middle class families.  When those houses are all gobbled up and the demand still exists the next price point will be $275,000, then $300,000 and so on. 

Between 2000 and 2010 only about 325 new units were added to the housing stock, or about 35 units per year.  In that same time frame average rents have risen a whopping 57% -- or twice the rate of inflation. Amherst's official population grew from 34,874 to 37,819 during that time frame.

In a recent Amherst Bulletin column UMass Chancellor Subbaswamy confirms UMass has added 1,000 undergrads since 2009 and will add another 2,000 before the end of the decade.

Umass houses 60% of their total students on campus and plans to maintain that ratio in the future;  so that means 400 of the most recently added 1,000 students found housing off campus, and over the rest of the decade 800 more will be looking for shelter. 

The mistake in the draft report pounced on by John Fox in particular concerns the impact of the spiffy new Commonwealth College facility at UMass, which has about 3,000 students.  But the report seems to treat those students as new additional students increasing the overall population of UMass, when in fact they are already here and have already been counted.

In September the 1,500 bed dorms for Commonwealth College students came online.  Some in the audience insist that was enough to satisfy student housing demands, even though it shelters only 50% of the targeted clientele. 

The snippet of the report that seems to have drawn the most fire

Obviously Umass is using the Commonwealth Honors College as a marketing tool to ensure those 2,000 EXTRA students come before the end of the decade, and that they are high achievers unlikely to participate in rowdy weekend parties. 

Neighbors also pointed out the report does not discuss current student oriented projects under way:  Olympia Place (236 beds) and Kendrick Place (102 beds) have both been approved by the Planning Board, but neither has broken ground. 

Interestingly they didn't throw in The Retreat which is projected to provide 641 student beds because they probably do not wish to jinx their concerted effort to kill that project.

RKG Associates provided all sorts of remedies we can take or leave to stimulate housing production.  But to deny that Amherst even has a housing problem is like denying men have walked on the moon. 

The first step is to admit there's a problem.  "Houston we've had a problem." 

And that problem is us.

Amherst will become a Jekyll and Hyde:  Student slums and high end "upper crust" neighborhoods

Vince O'Connor: Keep politics out of this report (Amherst needs affordable housing NOT student housing)