Tuesday, November 25, 2014

Mini Hobart Hoedown

Matthew Langford stands before Judge O'Grady

Hobart Lane is kind of like Phillips Street in that it will probably never live down its (well deserved) party reputation, even though there has not been a "Hobart Hoedown" in many years.

For you nubies the Hoedown preceded the Blarney Blowout, but of the same basic idea:  day drinking until you get completely out of control, and when police arrive throw dangerous objects at them.

Amherst police encountered two rowdy party goers very early Sunday morning trying to force their way into #29 Hobart Lane.  When they refused to comply with instructions to leave -- and physically resisted police -- officers had no choice but to arrest Kyle Bisceglia and Matthew Langford, both age 20. 

 Click to enlarge/read

Matthew Langford (6 feet 2 inches tall, weighing 200 pounds) was charged with Disorderly Conduct, Resisting Arrest and Assault and Battery on a police officer.

 Kyle Bisceglia arraigned before Judge O'Grady

Kyle Bisceglia was charged with Resisting Arrest and Disorderly Conduct.

Both are hiring their own attorney and they will return to Eastern Hampshire District Court in mid-December.

Party House Of The Weekend

297 West Street, directly across from Crocker Farm Elementary School


These party house problems are getting fewer and farther between -- which is of course a good thing. 
Alexander Elkins stands before Judge O'Grady

In Eastern Hampshire District Court on Monday Connor Bertram, 19, and Alexander Elkins, 20, both took the typical plea deal offered by the Commonwealth:  Criminal charges are "converted" to civil with one of the two $300 tickets thrown out plus four months probation. 

Conor Bertram standing before Judge O'Grady

Monday, November 24, 2014

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




Sunday, November 23, 2014

Pot Priority

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




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).






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.


Saturday, November 22, 2014

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.