School Committee Armistice (For Now)

7 of 9 members Regional School Committee (2 absent)

After a two hour meeting replete with charges and counter-charges bordering on sniping the Amherst Regional School Committee voted (4 yes, 2 no, 1 abstained) to send a letter to the Attorney General explaining the violation of member Katherine Appy as not really a violation of the Open Meeting Law.

That only took 40 minutes, although scheduled on the agenda for 30 minutes.

Katherine Appy reads her statement later approved by Committee to send to AG

The only other item on the agenda, a discussion of the mediation with NAACP that stimulated the Open Meeting Law complaint in item #1 went on for 80 minutes, although also scheduled on the agenda for only a half hour.

The NAACP won a "Consent Agreement" in 1993 over the discipline disparity in the schools between students of color and white students.  A Consent Decree is kind of like the Armistice that ended the fighting in Korean in 1953.

A cessation of hostilities, but not an official close-the-book "peace settlement."

The NAACP now thinks the Schools have violated the Consent Agreement.  The Schools attorney thinks not.  When such an impasse exists the Agreement calls for "mediation."

 RSC Chair Trevor Babtiste and Vice Chair Kathleen Traphagen had already met with the NAACP and now wanted permission of the full board to go into "mediation."

 25 people turned out (including 3 former RSC members) to watch the fireworks

The full board was not happy they did not previously know about such a meeting or any previous discussions, with Ms. Appy squarely thinking Chair Baptiste had overstepped his authority.  Hence the email she sent to the entire RSC, which member Vira Douangmany Cage interpreted as a violation of Open Meeting Law.

 Former RSC member Amilcar Shabazz (left) Lawrence O'Brien (top right) Principal Mark Jackson (top left)

After adding a couple of amendments the full Committee voted  5-2 (Trevor Baptiste and Vira Douangmany Cage voting no) to have three members of the Regional School Committee meet informally with the NAACP over the next week and report back to the full RSC at their 8/10 meeting as to whether the impass gets bumped up to an official "mediation."

Which of course beats an all out war.

Vince O'Connor told the board to "check with your attorney" because he's sure the Consent Decree requires "mediation" rather than juat informal talks

New Sheriff In Town

Umass Amherst:  Getting out from under a cloud

UMass Amherst, our proud flagship of higher education, just announced the new "neighborhood liaison," aka "off campus Resident Assistant," and they could not have made a better choice than Eric Beal.

Eric Beal Chairs his final ZBA meeting (June 11) after 8 years of service

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Modeled after the Boston College program of having a school employee who is a hybrid of a cop and bar bouncer, Mr. Beal will patrol the usual suspect neighborhoods adjacent to the UMass campus to try to head off rowdy parties before they hit the stage where APD is required.

Mr. Beal will be paid a $62,000 annual salary.

18 months ago Eric Beal chaired the ZBA meetings against a prominent local landlord who appealed the hefty fines imposed by the Building Commissioner for having too many students packed into an apartment, without proper safety precautions. 

That case became a turning point, and helped in the creation of the successful Rental Registration & Permit Bylaw which is now at 100% adherence.

#####
UMass Press Release

Aug. 3, 2015

UMass Amherst Chooses Attorney and
Former Town Official Eric Beal
as First Neighborhood Liaison

AMHERST, Mass.

Eric Beal, an Amherst attorney and former chair of the Amherst Zoning Board of Appeals, has been appointed to the newly created position of neighborhood liaison at the University of Massachusetts Amherst, effective August 3rd.

Beal, a UMass Amherst alumnus, will work with town and campus public safety officials, responding to incidents and complaints involving off-campus student behavior in neighborhoods near campus. He will serve as a liaison to off-campus students and neighbors during evening weekend patrols and will assist campus partners with proactive programs on student behavior, educational campaigns and community service activities.

“Eric’s deep knowledge of the neighborhoods around campus both as a resident and as a former zoning official makes him uniquely qualified for this new and important position,” said Nancy Buffone, associate vice chancellor for university relations. “This position is another step forward in our town-gown efforts and I am confident that Eric’s skills and experience are a great fit for the university and our campus neighbors as well.”

The creation of the neighborhood liaison position was a key recommendation in former Boston Police Chief Edward Davis’ September 2014 report to campus and community officials on how best to handle large off-campus disturbances. The neighborhood liaison’s role is to work directly with community members, hear everyday concerns and build relationships to deter disorderly student behavior. Similar positions have been successful at Boston College and Georgetown University.

Beal will be a nighttime mainstay in the neighborhoods that traditionally find students gathering during fall and spring semester weekends. He will collaborate with Amherst police and fire officials on proactive approaches to student-neighborhood issues and with the university’s Student Affairs and Campus Life office on its successful Walk This Way and Team Positive Presence programs.

“I fell in love with the Amherst area while a sociology major at UMass Amherst in the early ’90s, and it’s been a dream of mine to work for UMass,” said Beal. “In my eight years on the ZBA, I worked closely with town and public safety officials, residents and property owners. I learned first-hand about the issues affecting our neighborhoods and efforts of residents, the town and the university to improve quality of life. I look forward to joining UMass to continue that work.”

A graduate of UMass Amherst and the University of Connecticut School of Law, Beal has a background in human services, including a stint as a resident assistant in the Southwest Residential Area and work as a mental health counselor in the Holyoke area.

In his law practice, Beal represents clients in appellate matters, including children and families in care and protection appeals. Beal previously was an associate with Axinn, Veltrop & Harkrider in Hartford from 2001-07, representing Fortune 500 clients in litigation, government investigation and appeals, and an associate with Bulkley, Richardson and Gelinas in Springfield from 2007-10.

An Amherst resident, Beal plays alto saxophone in the Amherst Community Band under the baton of UMass Marching Band director Timothy Anderson. He has served as a member of Amherst Town Meeting and is a supporter of the Friends of Puffer’s Pond. He is an avid cyclist and trail runner and serves as a lead coordinator for the 2015 Amherst Regional High School Cross Country Invitational.

 Beal lives with his daughters, Lillian and Ella, and his long-time partner, Shelley, and her two sons, Peter and Eric.

Sunday Over Amherst

Sunday morning looking west (shot from Dickinson Homestead)

 Sunday afternoon (3:30) north end of town looking north (shot from West Cemetery)

Sunday evening (6:45) looking east (shot from Amherst History Museum) note fuller parking lots

Charity Begins At Home?

Craig's Doors seasonal Homeless Shelter @ First Baptist Church recently added new trailer in back to serve dinners

Over the past four decades, up until 2009, Amherst has probably donated over 2 million in tax dollars to privately run charitable organizations performing valuable social work with the less fortunate citizens in town -- low income residents, the homeless, hungry, cold,  etc.

The town redirected Social Service spending to come out of Community Development Block Grant Funding back in 2009.  Since that grant is Federal money, the state anti-aid agreement would not apply.

But Amherst did briefly lose its CDBG eligibility last year (for FY15) and Vince O'Connor convinced Town Meeting to once again use regular General Fund tax money ($125,000) to fund the agencies.

Amherst is, to the best of my knowledge, the only municipality in Massachusetts to spend public money on private non-profit charitable agencies.  Which of course makes Amherst a "good guy" (or gal).

But is it legal?

Apparently a few people in town think not, and as a result Finance Director Sandy Pooler asked Town Council to look into it.

   Amherst Charity Spending Illegal?

I asked Sandy if it turns out the naysayers are correct and we should not have been donating the money all these years would the town be forced to ask those agencies to return the funds?

Said Sandy:  "That is a good question. I don't know the answer to that.  If the lawyers come back with an opinion that we have violated the anti-aid amendment, we will get to that."

Although he does close on a reassuring note:  "I do not think there is a violation, but we will see."

Don't Bank On It

Former First National Bank building Amity Street, now former TD Bank location

TD Bank has given up their long-time prime location in the heart of downtown Amherst, consolidating with their much smaller branch bank on Triangle Street less than a mile away.

 Sign on front door (Bank of America across the street in reflection)

Of course Bank of American is directly across the street in their hard to miss building, and Peoples Bank is a roll of quarters throw away down Amity Street so town center is not going to necessarily suffer from a lack of banks.

But it's still not a great sign.

The building is owned by downtown developer and all around icon Barry Roberts, aka EV Realty Trust, so chances are it will not stay vacant for long.  Barry helped stimulate the revitalization of downtown by buying and renovating the former First National Bank back in 1996.

A few years (1993) earlier Roberts purchased the former College Drug store across the street after it was heavily damaged by fire.  The building was an eyesore for years because nobody wanted to deal with installing an elevator as required by building code as part of any renovation.

One of the first businesses to open in the renovated First National Bank building was Amherst Brewing Company who had great success for 15 years.   They then relocated to University Drive in a building that was originally the new home for Louis Foods Supermarket, who also abandoned their prime downtown location (now a CVS).

Amherst Brewing Company was recently taken over by Harold Tramazzo who 15 years ago founded Hanger Pub and Grill on University Drive across the street from ABC.

Before ABC had even opened in that new University Drive location Barry Roberts rerented the downtown location to the current successful High Horse Brewery & Bistro.

 TD Bank Triangle Street location, right next to Northampton Cooperative Bank

So downtown is the place to be.  Although Triangle Street, where the other TD Branch Bank is located, is still considered that place where you can always go ... downtown.

Meanwhile, another downtown small business is vacating their prime location at 35 South Pleasant Street.  Art Alive opened just two years ago, after another short lived business, 35 South Cycle (an aerobic spin class operation) failed to attract enough customers.

Art Alive (Dead as of September 1st)

Look Up In The Sky!

Phantom 2 Vision Plus at 200 feet

So for those of you who say you would shoot down a drone (but not a Galaxy C5 or hot air balloon hopefully) flying over your house at an altitude of 200 feet, please take note. THAT's what a drone looks like at an altitude of 200 feet.

And yes, it's flying over MY property, but it took me a while to find it in the viewfinder to get that photo. And here's what a person looks like from that same 200 feet of altitude:

 Where's Waldo?  Circled in red

And yes that's me, but from 200 feet it could just as well be one of my daughters. Or the ghost of my deceased Mother.

According to Federal Law:

Whoever willfully…sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce…shall be fined under this title or imprisoned not more than twenty years or both.

Note the term "ANY AIRCRAFT."  The FAA has "jurisdiction" in this matter, not the town of Amherst, a city or state. Just that simple.

Yes, if a drone is hovering 10 feet over your property and you have young daughters sunbathing in the back yard, by all means call the local police.

But do not shoot it down!

This is what a drone sounds like at 10 feet altitude.  Yeah, not overly stealthy 

Fox News agrees

Turnabout Fair Parking Play

Bank of America downtown Amherst

In all likelihood the Planning Board will bring to Town Meeting this fall a zoning article allowing downtown businesses to lease out their parking lots as a sort of stand alone business using only a simple Site Plan Review process.

Now, without such a change, that would require a Special Permit, which needs a unanimous vote of the Zoning Board of Appeals.

Currently Amherst downtown has more private spaces (57% of total) than public so a more efficient use of those surface parking lots can be a benefit to both private businesses and consumers.

 BOA parking lot (right) Amity Street lot (top left)

But another concrete idea in the recently issued final draft of the Downtown Parking Report suggests either purchasing outright or entering a cooperative agreement with Bank of America.   Their 47 space lot is located behind Amherst Cinema adjacent to the town's most popular Amity Street Lot. 

 BOA building stands out just a tad from surrounding architecture

Since town officials have never really forgiven Bank of America for the design of their building (constructed by Amherst Savings Bank in 1984) dead in the center of town.  So universally panned, The Design Review Board was created in response to the building, to prevent a repeat occurrence.

So it would be kind of fitting for them to now come around and do the town -- and consumers -- a favor.

Click to enlarge/read

Downtown Parking Report (final draft) "Action Item."