Blarney Blowback

March 8, 2014 North Pleasant/Fearing Street

So no, I'm not surprised a lawsuit was filed over alleged brutality by enormously outnumbered Amherst police at the Blarney Blowout.  But I am surprised it took this long.

After all, if it is such a strong case why wait almost one full year to file your complaint?

Rule #1:  Hold your phone horizontally Rule #2: Leave when police ask

And I always thought lawyers were not supposed to try their case in the media?  Here these legal beagles posted their "evidence" to the web for the entire world to see, and issued press releases no less.

Specifically timed of course to coincide with the upsurge in media interest as we approach the one year anniversary of that outrageous event.

Interesting how you can clearly see objects detonate near officers busy arresting someone on the ground. And I recognize that dull thud a full can of beer makes when it hits a nearby snowbank, as I had one miss my head by 6" the year before at Townhouse Apartments during the Blarney Blowout.

It's easy to look at a snippet of video and come up with ways you would have calmly handled the situation better.  Hindsight is always a piece of cake.

Or maybe I should say, "keg of beer."

The Massachusetts Daily Collegian reports

Can You Hear Me Now?

Amilcar Shabazz remotely peering over Maria Geryk's shoulder

The Amherst Regional School Committee is starting to get it when it comes to all things digital. 

Last month they voted unanimously to allow legal notice of meetings with agendas to be posted to the district website rather than the clunky physically post by hand in all four towns. 

And last night the RSC also voted unanimously to allow "remote participation" so lame duck member Amilcar Shabazz could participate and vote in the surprisingly newsworthy meeting. 

Like the posting to the website, it is a blanket vote that will allow any member to use remote participation from now on as long as they give the Chair some advance notice.

Surprisingly for a town dominated by committees, boards, and working groups, remote participation has not been used.  These days Skype, Facetime , or Google+ Hangout is just as good as being there.  Well, almost.

The Jones Library Trustees did use it once, sort of, for Carol Gray four years ago when she was in Egypt.  But it was prior to the Attorney General ruling it okay, so she was not allowed to participate in the meeting or vote, just observe.

Regionalization Train Wreck

Amherst Regional School Committee all 9 members (including one by remote participation)

Even before the Amherst Regional School Committee could get to the official agenda item scheduled for 6:20 to discuss the 3.5 years in the making Regional Agreement Working Group report, RAWG member Michael DeChiara dropped a bombshell during "public comment", telling the committee he would not support the proposal and would be telling his Shutesbury constituents to vote it down.

Michael DeChiara, Maria Geryk (Amilcar Shabazz above her), Michael Morris

All four towns in the Region -- Amherst, Pelham, Leverett and Shutesbury -- must vote yes in order to change the 50+ year old Regional Agreement, to allow for the region to extend from the current 7-12 all the way down to include elementary level pre-K through 6th grades.

When the Regional Committee then started discussing the RAWG proposal Shutesbury representative Stephen Sullivan echoed DeChiara's concerns and clearly said he would vote no.

Parent and Town Meeting member Janet McGowan told the committee the public outreach on Regionalization has been nonexistent

Amherst representatives were also less than impressed:  Lawrence O'Brien said he "had concerns", Rick Hood said it was "not ready", Kathleen Traphagen did not see any "compelling educational case" and the disembodied voice of Amilcar Shabazz (using remote participation) could not have been any more clear:  "Put a stop on the school attorney from doing any more work on this matter.  Moving in this direction now should be Dead On Arrival."

Kathleen Traphagen

Katherine Appy was the lone member of the entire 9 member Regional School Committee to speak in favor of the idea.  The RSC is scheduled to vote on this Regionalization proposal at their next  meeting, March 10.

Since it involves amending the Regional Agreement it will require a supermajority two-thirds vote.  Had the vote been taken at this meeting it certainly looked like it would be 8-1 against. 

Rick Hood said they should continue to move forward with the public forums (March 3 for Amherst ) but the timeline for all four towns to vote an the agreement should be pushed back until spring, 2016.

It has already been 3.5 years for this particular regionalization agreement and some members mentioned previous attempts date back 40 years or more, so what's another year.  

Not overly crowded audience in attendance

Just Say NO

 Amherst Board of Registrars meeting Town Hall 2:45 pm

In a little less than a half-hour the Amherst Board of Registrars came to a vote on whether to accept a challenge filed by Vince O'Connor and Mary Wentworth to the legality of names appearing on the nomination papers of 1st time School Committee candidate Phoebe Hazzard, who set a town record for acquiring the 50 signatures needed for a town wide office.

The vote was unanimous:  No.  In fact there was an undertone of, now go away.  

The challenge was filed 35 minutes after the "two working day" deadline imposed by state law.  The complainants argued a "working day" for Amherst Town Hall is 8.5 hours but one of those days (Thursday) Town Hall is closed to the general public in the mornings, therefor they only had 1.5 working days to file their grievance.

Board member Susan Lowenstein was the most forthright of the three asking Mr. O'Connor somewhat sternly, "Why do you see criminality and fraud?  I'm appalled this is happening!"

To which Mr. O'Connor responded, "I'm appalled the Town Clerk would accept bad signatures."

Another bystander pointed out, "Not a single person has come forward to say they didn't sign those papers.  There's the letter of the law, and the spirit of the law.  I don't see any violations of the spirit of the law."

O'Connor responded, "It encourages people to sit at home, call up their friends for permission and get signatures that way."

Town Clerk Sandra Burgess had wanted this distraction ended quickly, as the ballot for the March 31 election needs to be printed soon.

And The People Shall Lead (Sort Of)

Amherst:  Where even the h is silent

Only three "citizens petitions" were filed yesterday in Town Hall prior to the noon deadline for placement on the upcoming annual spring Town Meeting warrant, which begins April 27.  I say "only" because the barrier to entry is so low, requiring "only" ten valid signatures.

Amherst is a town that prides itself on speaking out about issues great and small.  Town Meeting is supposed to be the ultimate platform for the common man or woman.  Although in our case that commonality seems all too restricted to older, white, upper-income homeowners.

Click to enlarge/read

The petition article to bring paid sick leave to part time town employees was made moot by the Select Board last night, who voted unanimously to support the recommendation of the Personnel Board for part time town employees who work year-round.

The $28,000 required will be added to the  budget that goes before Town Meeting and once passed will go into effect July 1st.

Proclamation articles are advisory and enacted to pretty much to make a feel good statement.  Since nobody can argue -- at least successfully anyway -- against "civility, respect, kindness and friendship" pretty safe bet "Race Amity Day" will pass unanimously by (overwhelmingly white) Amherst Town Meeting.

And what would the annual Amherst Town Meeting be without at least one petition article from Vince O'Connor?  Last year he had five, four of which were voted down or referred back to a committee.

Although his article to double the Community Preservation Act surcharge from 1.5% to 3% did pass handily, adding to the already outrageously high annual property taxes in town.

Apparently Vince has been studying engineering in his spare time and he considers the closed Mill Street Bridge safe enough to reopen for two way traffic.

And these three petitions that came in on the final day will join the other two filed last week: an anti-fracking advisory article and a feel good human rights declaration.  As of this morning all five petitions had the required number of signatures certified for placement on the Town Meeting warrant.

Pro human rights

Anti-fracking resolution

If You Get Permission To Build It

Butterfield Terrace property impacted in oval,  Pokeberry Ridge underlined

A cluster of four properties on Butterfield Terrace, sandwiched between UMass and Amherst town center, could see an increase in housing density IF -- and that's a BIG if -- Town Meeting approves a citizen's petition article requesting a zoning change from the current RN (medium density) to the higher density RG.

Even with the zoning change, which requires a two-thirds Town Meeting vote, any development to increase housing units (up to 18 are possible according to town Planning staff but the petitioner put the number at 14) would still require a Special Permit.

Petitioner Mike Alpert told the Planning Board last week that most people in town don't even know Butterfield Terrace exists and the nearest neighboorhood street, Pokeberry Ridge, is 100 feet higher up, so their "scenic vistas" will not be impacted.

But that didn't stop neighbors from speaking out against the zoning change, citing of course the impact of noise from renters presumed to be, gasp, students.

Half the current housing on Butterfield Terrace is owner occupied.  Units requesting Zoning Change:  35,43,51,61

The petitioner was forthright about wanting the zoning change to allow for development, but did say they could end up owner occupied or senior housing.

 Only one of six housing units on Pokeberry Ridge is a rental

The Planning Board voted 5-1 to recommend the zoning change to Town Meeting.

Planning Board Chair David Webber

Although, with the batting average the Planning Board has had with Town Meeting of late, that recommendation could do more harm than good.

Net Zero Building Approved

Red oval location Crotty Hall, Phillips Street red underline, Gordon Hall above oval

After surprising setbacks at earlier municipal meetings the new Crotty Hall, somewhat a twin to Gordon Hall at the Gateway to UMass/Amherst, received unanimous Site Plan Approval at the 2/18 Planning Board public hearing.

 Rendering from North Pleasant Street

Building Commissioner Rob Morra had determined the 10' side setback bordering Phillips Street was not in compliance (should be 20') with one of the few zoning regulations that can apply to tax-exempt educational institutes protected by the Dover Amendment.

That order was appealed to the Zoning Board of Appeals and at their 1/29 meeting a two-hour discussion ensued with neighbors complaining about noise from the current Gordon Hall and the new building possibly stealing a sliver of land from #23 Phillips Street.

Phillips Street is the most notorious street in all of Amherst mainly because it's almost entirely non-owner occupied.  Jim Turner, #23 Phillips Street, and main complainant to this new building is the only owner occupied unit on Phillips Street which directly abuts the proposed Crotty Hall.

Mr. Turner also pointed out that Crotty Hall will be tax-exempt and perhaps the Planning Board could work out a deal for Payment In Lieu Of Taxes that could go toward the forever talked about new fire station in South Amherst.

At the ZBA meeting last month some critics pointed out the  building was not directly under the control of UMass and portrayed it as almost a rogue development.  My usually reliable UMass sources could provide little information at the time because  Political Economy Research Institute is a tad hands-off from UMass proper.

But at the follow up ZBA meeting 2/12 the three member board unanimously overturned the decision of the Building Commissioner on the side setback issue.

And this time with the Planning Board they took no chances and had rookie Deputy Chancellor Robert Feldman show up to tell the PB UMass was "extremely excited" and that the "innovative building fits into their long range plans."

The Planning Board then voted unanimously (5-0 with 2 absent) to approve the Site Plan for Crotty Hall.  To the celebration of the UMass crowd in attendance. 

Baptist Church (rt), Gordon Hall (center) Phillips Street (left)