Restorative Justice

Kyle Kielbasa and Attorny Kokonowski stand before Judge William O'Grady this morning

Kyle Kielbasa, 28, came to terms with the Commonwealth this morning in Eastern Hampshire District Court for two separate arrests made by Amherst Police. The first on the day of the infamous Blarney Blowout, where Mr. Kielbasa was waiving a handgun around near Rafter's and The Hanger Pub & Grill while under the influence of alcohol.  A l-o-t of alcohol!

And the equally serious incident seven months later, a roll over drunk driving accident on Bay Road that took out a utility pole and closed the busy road for the night. 

His lawyer told Judge O'Grady that he was prepared to vigorously fight the first charge and had already prepared a "motion to suppress" evidence: the gun and extra ammo clips recovered in the car on March 8th.  But Mr. Kielbasa told him "No, I need help" (with alcohol problem).

Assistant District Attorney Bob Opsitnik recommended the "Restorative Justice Program" and two years probation with a requirement for continuing with therapy for the gun charge; and a standard 24D disposition, with $600 in fines, loss of license for 45 days, one-year probation ($65/month cost) and alcohol screenings plus two weekly Alcoholics Anonymous meetings for the Driving Under the Influence charge.

The Judge agreed.  

Kyle Kielbasa's right to carry a weapon was also revoked after the first incident.

Going, Going ...

DPW gingerly lifts Amherst Chamber Welcome building 

The iconic, so-ugly-it's-cute building that has squatted on the town common for as long as anybody can remember was quickly and efficiently moved this afternoon by the DPW to a location on Sunset Avenue.  

 ?

The rumor that Walter Jones sneaked it onto a concrete pad poured overnight can be somewhat disproved as there was not a concrete pad under the building.

 Note dirt floor

Pot Priority

 Residents waiting for all clear from AFD to return to their apartments

Box alarm Ann Whalen Apartments #amherst town center.  AFD & APD on scene. pic.twitter.com/Bk7avQgy9F
— Larry Kelley (@amherstac) November 23, 2014

So a fire in one of Amherst's tallest building not on the UMass campus, with a higher than average ratio of elderly and disabled residents, gets zero response from my Twitter friends, but then three hours later a throw away tweet about a 65-year-old woman in North Amherst needing an ambulance due to pot consumption lights up the Twittersphere (or at least my tiny portion of it).

AFD responding to North Amherst for 65 year old woman having bad reaction to marijuana.
— Larry Kelley (@amherstac) November 23, 2014

Go figure.  (But I still love you Twitter).

Is 24 Too Many?

222-224 Belchertown Road

The Zoning Board of Appeals decided last month that up to 9 individuals living in a single family home (normally restricted to no more than four) was not too many, as long as building and safety codes are strictly enforced.  Fair enough.

Since Many Hands Farm Cooperative were all farm workers -- a much respected/protected group in Amherst -- and they are a  501 (c) (3) non-profit organization using the property for an "education use," they were exempt from local zoning ordinances like the one restricting no more than four unrelated tenants per single family unit.

So it will be interesting to see what the Planning Board decides with the two family house at 222-224 Belchertown Road (which should have no more than 8 unrelated tenants).

Hwei-Ling Greeney, founder of Amherst Community Connections, a 5-year-old safety net organization that shelters the homeless, is requesting permission to run a charitable living facility for up to 24 unrelated individuals.

 Jerry Gates and Hwei-Ling Greeney appear before Amherst Planning Board

Major long-time developer Jerry Gates, who is also President of the Board of Directors overseeing  Craig's Doors homeless shelter at the First Baptist Church, is also heavily involved.

At the November 19 Public Hearing, which has now been continued to January 7, neighbors unanimously spoke against the project citing safety concerns -- both for their property and the safety of the large number of tenants who will occupy the house located on a very busy street (Rt 9).

Back side of the building

The original 10/29 hearing had to be postponed because the legal ad mistakenly said the operation would house 12 residents, which even then neighbors thought too many.  But the planning department had misunderstood Ms. Greeney, as she meant 12 per unit or 24 total, so it had to be readvertised.

 Neighbor John Kinchla

The neighbors found that far too many.

Senior Planner Christine Brestrup told the board that town staff is also concerned about the high number of residents proposed to live there, with their particular concerned being overall management.

She suggested the petitioners come back to the Planning Board next time (January 7) with examples of other similar programs in the area, and Amherst Police Chief Scott Livingstone will also be asked to weigh in.

Come Together, Right Now

Select Boards, Finance Committees, School Committees of all 4 towns in the Region

Over 40 local officials from four towns -- all but one of them white -- came together this morning to discuss the upcoming budget for the Regional School District, a community they collectively share, although Amherst makes up the major portion -- 88% by population.

 Maria Geryk, Mike Morris, Sean Mangano craft a Regional Budget for 4 town approval

School Superintend for the Region (Amherst, Leverett, Pelham and Shutesbury) Maria Geryk started off the meeting saying they were, "Very much at the beginning of the process, but it's important for you to share with us."

If this were a political rally -- which in a sense it is -- this would probably be considered a straw vote.

Three of the four towns have to approve the Regional School Budget, and then the 4th town is legally bound by the Regional Agreement to accept that status quo.

And for all of the towns the combined Regional assessment (grades 7-12) and their Elementary School budget make up the lion's share of total town spending.

 List of most recent cuts by Governor Patrick

School Finance Director Sean Mangano started off the meeting with the bad news:  Outgoing Governor Patrick's recent budget cuts (mainly impacting ARPS transportation fund by $200,000) means that a starting deficit for the upcoming year expands from a projected $760,000 to an uncomfortable $990,000.  

The Region has been using a different method of funding called Regional Agreement Method which takes into consideration a 5 year rolling average.  Thus for a few years it works to a town's slight advantage and then for a few years not quite so much.  But it all works out in the end.

Since this is a non standard way of doing business, by state law it must be approved by all four towns.  Shutesbury is currently the town coming out a "loser" in the deal as the FY16 budget will be a 5.5% increase vs a 9.4% decrease if the Region suddenly switched to the "Statutory Method".  Or a cost per pupil (139 students) of $11,921 under current system vs $10,240 under Statutory Method.

But many in the room described the current Regional Agreement Method of financing as "predictable, understandable, explainable, fair and equitable."  And for hard pressed taxpayers complaining about the more expensive years, you can always tell them "relief is coming."

At one point a Leverett representative said this year is going to be a "particularly tough year" for the town because a large tax abatement case with a major landowner will tie up money that must be placed in escrow.

He wondered if the group would consider a 2.5% cut in the overall Regional Budget?  School officials quickly noted that would be $1 million and simply not possible.  Especially since they are now facing a budget already requiring $1 million in cuts.

 Amherst Town Manager Musante suggested a tweak be found to help Leverett so the overall process is not derailed

The large assembly heard an 8 minute report from Regional Agreement Working Group Chair (also an Amherst Select Board member) Andy Steinberg on the current status of the expansion of the Region from grades 7-12 all the way down to include pre-kindergarten thru 6th grade. 

After 3 years of RAWG meetings the final report is hoped to be delivered to the Regional School Committee by year's end.  The RSC can then opt to change the Regional Agreement by a two-thirds affirmative vote thus sending the proposal to all four towns for Town Meeting approvals.

This too would require the unanimous approval of all four towns to amend the more than 50 year old Regional Agreement.  A town could, however, then vote "no" to joining the newly expanded Region and continue to utilize only the 7-12 grades.

But only the three smaller hilltowns will have that option.  Because Amherst is crucial to the operation due to sheer size it is assumed that a yes vote to form the Region is also a yes vote to join it (since it could not get off the ground without Amherst).

Interestingly if one or two of the hilltowns votes not to join (but supports its creation) they would still have elected members on the new Regional School Committee that oversees the K-12 entity.  A form of "representation without taxation."

But with all the turmoil and drama currently happening in the Regional School District, it's hard to imagine all four towns agreeing to expand the system. 

Colorful #Amherst Theater

 UMass Grad Student Matthew Cunningham gleefully pointing out make up of crowd

The divide in the room last night was stark.  In the back: folks of color, many of them standing, with a smattering of young hipsters who epitomize the social justice movement; and in the front: well dressed, mostly white, middle aged parents who came out to support the schools.

Carol Sharick to Principal Jackson:  "You have my heart."

School Committee members got a taste (and smell) of what the meeting would be like as about 50 demonstrators greeted them outside the entrance to the High School holding candles as the smell of incense filled the cold air.

 About as many showed up for candle light vigil prior to meeting  as on Tuesday night

 Trevor Baptiste welcomes the largest crowd in memory to a RSC meeting

Rookie Chair Trevor Baptiste welcomed the crowd and said he would allow 30 minutes for public comment, twice the time allotted on the agenda but the Committee would not respond to anything concerning Carolyn Gardner.  A sign up sheet was passed around and about a dozen-and-a-half speakers indicated their interest in addressing the Committee.

 Mark Jackson whispers to Maria Geryk

Supporters talked about the positive influence school officials have had on their children, protesters talked about how unfairly Carolyn Gardner was treated -- not just by an unknown (?) troll but also by school officials who did not acquiesce to her demand for a $500,000 settlement.

Demonstrators read Internet petition of support signed by over 400 individuals

After 8 speakers had their say including a group reading, Mr. Baptiste, who previously championed a l-o-n-g-e-r public comment period when then Chair Lawrence O'Brien tried to restrict it to only 15 minutes, said he would hear only 3 more speakers.

 Lawrence O'Brien (probably happy not to be Chair) Trevor Baptiste, Chair

A committee member quickly pointed out that it should be a committee decision, not just his.  Katherine Appy said it was an important issue and all should be heard.  The committee quickly agreed.

The theater continued.

 Vira Douangmany Cage without a spear, just "community"

Main organizer of the Justice For Carolyn movement Vira Douangmany Cage once again played the "gag order" card.  Although she did not seem to direct that at Chair Trevor Baptiste who had earlier told the crowd the School  Committee simply would not respond to anything concerning the MCAD complaint filed by Carolyn Gardner due to lawyers orders -- both School District attorney Gini Tate and the insurance company attorney.

 Brother Muhammad cites "slashed tire" incident that never happened

Sonji Johnson-Anderson was one of the last to speak but certainly not the least as she went twice as long as the allotted three minutes, and only in the last few seconds did Mr. Baptiste attempt to bring her to a close.

She read statement after statement of support and sympathy for Carolyn Gardner that School Committee members or school administrators had shown her prior to the MCAD complaint being filed.

 Sonji Johnson-Anderson reading back quotes to the School Committee

Of course that could also be used someday in the school's defense to demonstrate how much attention and concern everyone showered on Ms. Gardner throughout the sad affair.

Carol Ross: "That's who I'm fighting for:  our kids"

By 7:15 all the speakers had their say and Mr. Baptiste brought Public Comment to a close.  Well over half the room started to undulate and Baptiste implored them to stay and see the work this Committee does for the children of the Region.  All to no avail.

 Crowded room 6:05 PM (at peak about 120 people in the audience)

Majority of crowd leaving 7:17 PM

By 8:30 PM only 17 remained

The meeting continued well after the scheduled 8:00 PM finish time posted on the agenda and nerves seemed a tad frayed towards the end. Some minor bickering broke out between Superintendent Maria Geryk and Trevor Baptiste and Amilcar Shabazz over timelines for budget items and the evaluation of the Superintendent.

 Finance Director Sean Mangano bearing bad news

Brought on, no doubt, by both the late hour and the bad news presented earlier by rookie Finance Director Sean Mangano that the Governor's most recent budget cuts now put the Region in an even deeper hole, increasing cuts required from $700,000 to an even $1 million.

At the conclusion of the meeting, as the clock struck 10:00 PM, member Rick Hood stated for the record that the Committee had, essentially, done good.

They had come together as one big family, under trying circumstances (some would even argue, embattled) to do the demanding work for their #1 constituents, the children.

Kind of like that redneck (if I dare use such a racial stereotype) brotherhood statement, "Only I can beat on my little brother."

Even MassLive came to cover it!

"Ask Not ... "

 Vince O'Connor firing shots at 1 East Pleasant Street mixed use development

As the 51st anniversary of that exceedingly sad day in American history fast approaches I can't help but be reminded of his two indelible quotes our Planning Board should forever adopt as their motto:  "Ask not what your country can do for you, ask what you can do for your country."

In the spirit of amending a zoning article on the floor of Amherst Town Meeting I would strike out the country and insert in its place in bold italic the word, town. 

And the other one, President Kennedy borrowed from a New England Chamber of Commerce:  "A rising tide lifts all boats."

In Amherst, like a lot of college towns, we have a housing shortage.  Across the entire spectrum of the housing market, we simply need more:  affordable housing (low income), handicapped housing, middle-income family housing, student housing, and yes, even high-end rich people housing.

So when a development comes along, like 1 East Pleasant Street, that plans to add 84 vitally needed units targeting one or two of those demographics (student housing and/or high end expensive housing), then that rising tide helps every facet of the market by soaking up a chunk of the demand.

 1 East Pleasant Street

And as supply catches up with demand, prices could start to come down.

Last night's Planning Board Site Plan Approval hearing for 1 East Pleasant Street -- the 4th session of its kind -- still did not end in a decision.  The Historical Commission meets tonight with a discussion about the historic mural that will be repainted by the original artist on the new building.

 West Cemetery Mural will be repainted on new building by David Fichter

But that is not expected to be a deal killer as Archipelego Investments is wise enough to know what matters in Amherst.  That's the kind of responsiveness these two developers have brought to this proposal, and I'm sure will continue to bring to this endeavor even after it opens for business two years from now.

 Kyle Wilson (standing), Dave Williams (seated)

NIMBYs in the audience had dwindled by more than half since the 1st hearing (10/1), but still took pot shots at the project.  Even forever activist Vince O'Connor sounded half hearted with his request for the Planning Board to deny the "unrealistic proposal" because of a lack of parking.

The Planning Board continued the public hearing to December 3rd, for a 5th and final meeting.