Bring On The Consultants

Steering Committee co-chairs Nancy Buffone, David Ziomek (left)

The Town Gown Steering Committee had their final meeting of the year Tuesday and passed their collective hands over the final RFP draft for a consultant to help navigate the stormy waters that arise between two large independent entities -- in this case the town and UMass, a flagship University in a state that cherishes education.

As usual there were a couple points of friction:  Actual Amherst demographics are hard to measure precisely: how many year round residents of the town overall and how many off campus students there are nine months of the year.  And what is the exact make up of on-campus students since some of them take online courses  and therefor not physically present.

But the real point of friction came from immediate neighbors in the audience who took offense at the line "Community resistance to new growth has been consistently high." Yes, in a bureaucratic document, God forbid directness.

Jack Hirsch went so far as to say the line was aimed directly at "Save Historic Cushman," a relatively newbie organization in the generations old BANANA (Build Absolutely Nothing Anywhere Near Anything) movement.

John Fox also read a prepared statement decrying a "secret document" that had been commissioned by Town Meeting a few years back as part of the ill-fated Gateway Project.  That traffic study, like this town/gown consultant effort, was a joint effort overseen by UMass procurement department, and seems to have simply been misplaced in the shuffle.

Or as Stephanie O'Keeffe explained,  "There are so ... many ... damn things going on."



In fact the final report still has "draft" stenciled across the front page.  And Mr. Fox never did point to any scandalous factual findings that would give anyone a reason to want it keep secret. 

Committee member Rolf Karlstrom also brought up concerns about the document reflecting all the final tweaks just discussed and urged the committee to hold off voting until a final document could be emailed to the entire committee, since one-third were not in attendance at the start of the meeting.

 Rolf Karlstrom (far right)

And in fact, by the end of the meeting only 12 of the 24 member remained.  Of course if the steering committee were subject to Open Meeting Law the unanimous vote would be invalid since a 50% attendance of a governmental body does not constitute a quorum. 

Make Them Real

Newt Gingrich showing off his iPhone 4

Tonight in the ornate Johnson Chapel located on the equally ornate Amherst College campus in the left leaning town of Amherst, Newt Gingrich entertained a crowd of almost 700, mostly students, but a smattering of older folks as well.

 Huge crowd in Johnson Chapel, Callista Gingrich front row

He started out by holding up his iPhone 4 calling it, "the most powerful public health device in America today." Furthermore he insisted smart phones should be given to school children everywhere as an access pathway to education.

Like an enthusiastic science professor he went on to extol the virtues of 3D printing and regenerative medicine to revolutionize health care, although he's concerned the FDA slows down innovation and prevents products from making it to the market.

 Plenty of questions

He championed the Google driverless car, pointing out the army is using the technology for supply trucks which reduces the cost in lives should a convoy come under attack.  Although he asserts we lost the wars in Iraq and Afghanistan, costing taxpayers trillions of dollars and inflicting thousands of casualties among our troops.

But his views on energy would lead to a brief firefight with two young ladies later in the question period.  Gingrich championed fracking and horizontal drilling as a means of increasing dramatically the production of domestic oil.

In North Dakota oil production increased thirty fold and wages went up 50% as a byproduct of the energy boom, where even McDonald's employees make $15/hour.

Gingrich aimed his most vitriolic criticism squarely at our nation's seat of power:   "Washington has no interest in fixing things"; or "The Senate as an institution has been decaying for 20 years."  He pointed out he was in D.C. a few days ago and there was a dusting of snow which resulted in the Federal Government shutting down sending all their employees home (even though the White House lawn was still green).

"How do you think that makes the taxpayers in Buffalo, New York feel when they trudge to work through a typical snowstorm"?

 Newt leaves the stage

He closed by recapping his faith in new technology and new ways of doing things:  3D printing, driverless cars, online learning.  "The challenge for your generation is to make them real."

Historic Building Sold (Again)

 40 Dickinson Street, Amherst 

Amherst College, the number one landowner in town, just purchased the former Paige's Chevy, aka Classic Chevy, building at 40 Dickinson Street for $474,000.  A tad more than the former owner of Classic Chevy business paid for it back in August ($325,000) but still well below its assessed value of $548,200.

Thus if it goes off the tax rolls, like the vast majority of Amherst College owned property, it will no longer pay the town treasury just over $10,000 in annual property taxes.

The two-story brick building to the rear of the more recent office addition dates back to 1880,  so if Amherst College is going to raze the building to "put up a parking lot" they will need the permission of the Amherst Historical Commission.  Currently the Commission has the power to implement a one year demolition delay to protect historic structures.

The property also touches the overgrown remains of "Kelley Square", another historic, albeit forgotten, piece of history intertwined with the most historic figure in town history.

Or as faithful servant One-Armed Tom used to call her, "Miss Emily."

Retreat: Back to the Drawing Board

 Planning Board responded to preliminary presentation from 12/4/13

About the only surprise in this official Planning Board response to Landmark Properties proposal for the Retreat student enclave in North Amherst is the demand the roads throughout the complex be "public" rather than private. 

Although they seem to waffle a bit with the wordy "It is the Planning Board's preference that .. " intro, so maybe demand is not quite the correct word.

If the roads are private then that lessens the workload of the DPW and Police Department (but certainly not the already understaffed Fire Department).  And with the recent Mutual Aid Agreement Court decision killing joint patrols between APD and UMPD, I can see where having a private security force oversee the facility is a benefit to taxpayers.

Especially since the on-the-tax-rolls development will pay around $400,000 in annual property taxes; so the less services they use up in overhead the larger the net gain to the town treasury.

But much was made at the public hearing about the safety of roads that are not up to "public" standards (Walmart vs Neiman Marcus).  And the clientele using them will be somewhat the novice drivers.

So it looks as though that could be a deal breaker.   Your move Landmark. 

   Retreat PB Response

Another Joins The SB Race

 

Amherst Planning Board 6/5/13 Connie Kruger center 

In case you were wondering who would garner the second vote among first-Selectboard-candidate-out-of-the-gate Andy Steinberg supporters, the answer fell like snow from the heavens this afternoon: Current Planning Board member (and former town employee) Connie Kruger.

 Even better to balance the ticket, since she's a she.

 In her own words ...

Amherst Joint Patrols Thrown Out

UMPD mounted patrol, Phillips Street (off campus) last April

The highly publicized and certainly effective joint patrols between UMass Police Department and Amherst Police Department around the periphery of our flagship campus are -- at least for the time being -- no more.

Killed off by a legal challenge initiated by the New England Police Benevolent Association, legal representatives for the UMPD rank and file. 

Their problem with the Mutual Aid Agreement is not just that it increases their workload. UMass police officers do not receive the same benefits as town officers, but the MAA has them performing the same job.

The Mutual Aid Agreement was signed back in 2007.  Then Town Manager Larry Shaffer and Select Board Chair Gerry Weiss had championed the initiative as a means of mitigating off campus rowdy student behavior.

And as an excuse not to hire more Amherst cops.

At the time Patrick Archbald, Deputy Chief of UMass police was quoted in the Daily Collegian:   "The agreement removes a hurdle to taking police action, and in turn, we hope it will make both our communities safer.  All stakeholders were motivated in this effort by making safer communities and doing so in the most economically feasible way. The 'MAA,' made perfect sense for everyone."

Last year the public safety departments moved even closer together via weekend "joint patrols" on streets immediately adjacent to the sprawling campus.  The results? A less rowdy spring.  Far less rowdy.  

When I asked specifically about how well the joint patrols worked over last Spring UMass PD Chief John Horvath replied:

  "UMPD dedicated more officers to supporting APD with off campus issues in spring 2013.  The two departments have worked together for a long time and there are good relationships built, while new ones are forming.  It is my intention to continue to work with APD, Chief Livingstone and the Amherst & Hadley communities to support them when needed, while respecting the jurisdictional boundaries that are established."

 

Meadow Street Townhouse Apartments main entry (off campus). Last April

So where do we go from here?  Chief Scott Livingstone confirmed "my request for budget FY15 addresses manpower concerns...."  That request, however, has to survive Amherst Town Meeting, a legislative body not always champions of public safety.  Besides, FY15 does not start until July 1st -- too late for this coming Spring.

 

UMPD hands out ticket last April on Fearing Street (town property)

This morning Chief Horvath responded:

"The spirit of action and cooperation in my previous quote still stands.  UMPD will continue to support both the Amherst and Hadley Police Departments when requested under our mutual aid agreements.  Most recently, Chief Livingstone and I have been discussing ways our departments can further assist one another in meeting our collective goal of a safe community.  We will continue to collaborate on how to better provide police service that is in line with legal mandates, as well as challenges unique to the area.  The mutual aid agreement between the University and the Town of Amherst is being reviewed by legal representatives and we will seek to implement the recommendations that are provided."

Because of the demand spike on weekends for ambulances (too many of them dealing with overly intoxicated students) UMass donated an extra $40,000 per semester to bolster AFD response capability.

And later today a joint super committee made up of high-ranking UMass and town officials will put the final touches on a Request For Proposal being issued for a consultant to help with town gown relations.  Especially as it relates to rowdy off campus behavior.

UMass needs to step up to address this disturbing development; before the flowers bloom in May.

DUI Dishonor Roll

Yes it's hard to top the slaughter caused by an alleged drunk driver over the weekend in Easthampton, but either of these two Amherst DUI arrests -- Gino A Monsini and Dean Nemroff both age 22 --  could have been a comparable incident.

There but for the grace of God ...

 #####

Higher Education?

The out-of-control party at Amherst College, aided and abetted by uninvited UMass students, stands out even when viewed through the staid prism of a public safety weekend run report.

All seven weekend emergency responses to Amherst College are of the nuisance kind. 

   Amherst College Disturbance by larry_kelley_1

Party House of the Weekend

 227 East Pleasant Street, Amherst

For the second time this year Amherst Police responded to a noise complaint at 227 East Pleasant Street, only this time they handed out $300 tickets to three tenants for an expensive party total of $900.

Next time maybe they will answer the door a little quicker.  Or better yet, ensure there is no next time.

And So This Is Christmas

AFD E2 arriving Amherst College late Saturday night  

UPDATE Sunday morning

About two hours after the large disturbance at Amherst College tied up (too) many of our public safety personnel, AFD and APD responded to a real (accidental), potentially deadly emergency, a chimney fire.

Had that fire occurred just two hours earlier,  the response may not have been as well coordinated ...

Original Post:

After an invasion by many hundreds of UMass students to the posh grounds of Amherst College this evening to crash an unofficial Christmas party, with escalating incidents of mayhem -- pulling fire alarms, breaking windows, spraying fire extinguishers, and trashing an outdoor Menorah -- Amherst College PD called for reinforcements.

 AFD Engine 2 on scene Crossett Dorm Amherst College

 

APD preparing to stage

Amherst Police responded in force. Amherst Fire Department was already on scene for the false alarm as well an overly intoxicated student.  After a half dozen cruisers activated their lights, horns and sirens, the quad was quickly cleared.

 APD and ACPD push crowd from south to north off the quad toward College Street

 Amherst firefighter among the crowd

A Love For Books

 George Goodman (right)

If you can't trust long-time civic minded "Friend of the Jones Library" George Goodwin with a key to the historic building, who can you trust?

Although, since it's an original key dating back to 1928, it may not still work.

 Former (forever) Library Director Bonnie Isman presents the gifts of, naturally, books

This morning in the Trustees Room Ellen and George Goodwin Room, friends, patrons and lovers of the Jones Library came together to honor a long-time champion, George Goodwin.

His co-champion wife Ellen passed away early last month, but as MC Tina Swift pointed out, she was still there in spirit.

"Unprovoked And Dastardly Attack"

USS Arizona 12/7/41

USS Arizona today

“I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve.”
Admiral Isoroku Yamamoto (12/7/41)



“With confidence in our armed forces - with the unbounded determination of our people - we will gain the inevitable triumph - so help us God.”
Franklin D. Roosevelt (12/8/41)

Total killed at Pearl Harbor 2,402

Attack begins:  7:48 a.m.

USS Arizona explodes: 8:10 a.m.

USS Arizona:  1,177 killed in action, the highest loss of live in US naval history. 

Merriest Maple Yet

Merry Maple, UMass Marching Band

Okay, so it may not be visible to the astronauts aboard the space station, but it certainly is bright enough to warm the heart of the most curmudgeon of Amherst citizens (including me).

Well done Business Improvement District, well done.

The One's For You

Nelson Mandela 7/18/1818 – 12/5/13

To paraphrase Winston Churchill: Never in the field of human conflict was so much owed by so many to so few, the one.

Expanded Region Moves Forward (sort of)

 12 member RSDPB outnumber spectators in the audience

The 12 members Regional School District Planning Board, made up of three representatives from all four towns (Amherst, Leverett, Pelham, Shutesbury) in the current 7-12 Region, struggled with developing a "model" palatable to all four towns, but still allowing one (Shutesbury) not to participate at the pre-K through 6 level. 

But leaving the door open -- using the term "on ramp" -- for them to fully join the expanded Region at later date, but within a deadline.  And in the meantime allow for a possible sharing of the Superintendent who would be in charge of the expanded Region.

At one point in the somewhat contentious meeting the facilitator asked "Is there anything you all can agree on?"  To which Pelham representative Trevor Baptiste waxed philosophically, "Aligning curriculum among all four towns is a laudable goal." Dead silence.  "I was just trying to be positive" he quickly added.

Almost three hours later the entire Board voted unanimously to support the motion:

"To amend the current 7-12 agreement to a preK-12 agreement with the option that one of the existing four towns can remain 7-12 as long as that town is not Amherst, and that the town that remained 7-12 has the option to become a preK-12 member within a specified period of time, and that the town that remained 7-12 can negotiate with the Regional School Committee regarding shared superintendency services for their preK-6 school."

The motion is more of a memo that will be sent to the Mass Dept of Elementary and Secondary Education for a preliminary finding on whether the state would consider the creation of such a "Hybrid Region" legal. 

The RSDP Board also discussed turning over the process from here on in to the Regional School Committee but decided they want to stay involved. The Regional School Committee could appoint them as a sub-committee to continue shepherding the process.

The Leverett representative to the RSDPB, Kip Fonsh, is also Chair of the Regional School Committee and he reported their plate is full enough now without taking on this added burden.

During "public comment" Town Meeting member and parent Janet McGowan brought up the issue of governance, concerned the make up of a new Regional School Committee would disproportionally water down the voting power of Amherst who has a population that comprises 88% of the Region.

"Regionalization can't be at the expense of our constitutional rights," said McGowan.

If the state approves the RSDPB memo and the Regional School Committee votes to amend the Regional Agreement to form this "Hybrid Region" all four towns would then have to approve it, each at their individual Town Meeting.

At the end of the almost three hour meeting Chair Andy Steinberg thanked the entire Board saying it was an honor to work with them these past two years, but he was stepping down as chair.

 Andy Steinberg (left) announced he is stepping down as RSDPB Chair

Steinberg on Monday announced he is running for the Amherst Select Board. 

Town official corrects the media

Northampton Fire

NFD Ladder truck

Northampton Fire Department knocked down a blaze in less than an hour at an industrial building on the outskirts of city center heading towards Easthampton early this foggy afternoon.

AFD Engine 1 and Assistance Fire Chief Lindsay Stromgren were also on scene providing mutual aid assistance.

 

AFD Engine 1, Assistant Chief's car on scene

Regular ladder comes in handy as well

NFD huddle

L-o-n-g way to the nearest fire hydrant

MassLive reports

A Bigger Piece of the Pie?

Should Amherst settle for less representation in a Regional School district?

The headlong rush to regionalize local schools at the pre-K through grade 6 level was derailed by our current partner in the 7-12 Region, Shutesbury, pulling out of the proposed merger.  

The Amherst Regional School District Planning Board has been meeting for almost two years and like the gambler who has invested a fortune in a slot machine the urge to see a "return on investment" is exceedingly high.

Thus tonight's meeting is  a crossing (or not) of the Rubicon ... or maybe a Waterloo. 

#####

I've written a letter on the need for proportional representation on any new Regional School Committee. Under the new Regional school committee proposed last Spring, an Amherst resident'

s voting strength was to be 1/10th of a Pelham resident and 1/8th of a Leverett resident. Proportional representation is a Constitutional right but could be given away if Amherst voters or Town Meeting members agree to it by voting to accept a disproportionate new Regional School Committee. 

The smaller towns are greatly concerned about Amherst's size and fear their elementary schools may be closed due to declining enrollments. These are reasonable concerns and the towns should think hard whether to join with Amherst which has 88% of the population of all the towns. But it is, I think, really unreasonable to make it a goal and condition that on any new Regional school committee Amherst's voting power be reduced from 88% to less than 55%. This could make it harder to address the issues and concerns faced by Amherst's elementary school children, parents and schools. Right now, our elementary school committee that is made up of 100% Amherst residents and we control 100% of the $22 million elementary school budget.

If you want to sign this letter, please email me back at janetmcgowan30@comcast.net--with your name, address and your precinct number. Please share my letter with anyone else who you think might be interested. If they want to sign, please ask them to email me with their name, address and say whether they are a Town Meeting member.  The response to this letter has been strong.  

I will present the letter at both the December 5th meetings (and continue to collect names after). The Amherst's members of the RSDPB (Regional School District Planning Board) will meet this Thursday, December 5th in the 1st Floor meeting room at 5:45 at Town Hall and the entire RSDPB will meet in the Town Room from 7 pm to 9 pm.  Please come to these meetings to learn more and voice your concerns.

Thanks.

Janet McGowan

janetmcgowan30@comcast.net

__________________________________________________________

An Open Letter to all Members of the Regional School District Planning Board:

We urge the RSDPB members now exploring different options for regionalizing the elementary schools of Amherst, Leverett, Pelham and Shutesbury to consider both the educational advantages—and the fair and equitable representation for Amherst residents. Amherst now pays 77.37 % of the assessment for the current 7-12 Region, and our population is 88% of the total population for all four towns. Under the one man, one vote Constitutional principal, Amherst must have its fair proportion of the votes on any new Regional school committee.

We support Regionalizing our schools—

· if there are concrete educational benefits for Amherst students,

· if it improves the economic sustainability of Amherst schools, and

· if the votes of Amherst residents have equal weight to the votes in the other towns.

In Amherst, we are from many different cultures, nations, ethnicities, educational backgrounds, economic levels and races. Our voices should be heard in the governance of our Regional school committee and we want our votes counted equally. We do not support Regionalizing if representation on the new Regional school committee is disproportional and Amherst votes are diluted. With the exception of a single Region, in the Commonwealth all other Regions have proportional representation on their school committee or weight the votes of members by town. Each town elects their own members onto their Regional committee. A proposed Pre-K-6 Regional Agreement must recommend no less.

We hope that you will address this critical issue soon. We hope that you keep the public well informed of your discussions and deliberations through media, meetings (with public comment), and emails to town residents and parents—all taking place well before any town votes on a new Region.

Signed:

(name) (address) (town meeting member?)

Planning Board Receptive to The Retreat

Crowd outside the overly packed Town Room (Jim Wald photo)

Tonight  in a marathon overly-packed four-hour meeting the Amherst Planning Board heard all the usual complaints about the The Retreat, including traffic congestion, the supposed dangerousness of 10% grade roads (vs 8%), perpendicular parking vs parallel, too much parking (768 spaces for 641 residents) and, as always, the destruction of community in the adjacent historic Cushman Village.

This Preliminary Plan presentation was just a formal starting point for a long involved process that includes every aspect of Amherst town government: Police and Fire Chiefs, DPW, Conservation Commission, Board of Health, Building Commissioner and even the Pioneer Valley Transit Authority.

The developer had requested numerous waivers and modifications to codes -- reductions in lot sizes and increases in maximum road elevations (from 8% to 10%), and a few long dead end cul de sacs -- in order to make a "cluster development" work.

A cluster development allows for denser construction, thereby preserving open space.

The Planning Board "proposed conditions" include:  Streetlights at the end of all cul-de-sacs; but the "less dead ends the better", so the board also suggested adding more interconnectedness with other streets to reduce the number of cul de sacs.

Foot traffic was also addressed as the board suggested paved pathways throughout the development with one running outside to the Cushman Store in the village center. 

Parking must allow emergency access for police and fire vehicles with islands every 10-15 car lengths.  Handicapped spaces must be provided and a plan for snow removal.

"Careful landscaping" that preserves as many trees as possible, but the board also recommended clearing some areas of the woodlands for other recreation/socializing opportunities.

Oddly enough the board thought the developers were providing "too much" parking (1.2 cars per bedroom) and should "come back with less."

The Planning Board also championed the Select Board's concern about future ownership, wishing to avoid what happened at Townhouse Apartments when the complex went condo.  The developer was amenable to a deed covenant preventing the units from being sold off piece by piece.



The Retreat will not be a "gated community" as the Planning Board was unanimous in rejecting the idea.  The board was also pleased to hear all units would have sprinklers, which are not required but were highly recommended by Amherst Fire Department Assistant Chief Don McKay.

The rejection of a reduction in lot widths from the current 100 feet will have the greatest impact on the overall design. Landmark Properties will return with a "Definitive Plan" that incorporates tonight's suggestions.

If the Planning Board does not approve it, the developer could file a regular subdivision plan that would give them the same number of lots (123) but spread out over the entire 146 acre parcel.

 Jon Williams, Athens GA, the face of Landmark Properties (center) flanked by attorneys Peter McConnell (left) Michael Pill (right)

Tried to live Tweet the meeting but hard to perform as a sardine

Packed well beyond capacity Town Room #AmherstMA for Planning Board hearing on The Retreat development. pic.twitter.com/y6qOnXG7so
— Larry Kelley (@amherstac) December 5, 2013

Ch 40 Reports on "tense meeting"

ZBA Okays Frat Conversion

ALPHA CHI OMEGA  Pi Kappa Phi, 38 Nutting Avenue, Amherst

The Amherst Zoning Board of Appeals last night seemingly changed their minds about the former Alpha Chi Omega Sorority at 38 Nutting Avenue (which touches UMass property) and will now allow its conversion of use to a Fraternity, Pi Kappa Phi.

The Board found the transformation/conversion is "not substantially more detrimental to the neighborhood than the existing use."

Two years ago the ZBA voted unanimously to uphold the "cease and desist order" of the town building inspector who found fault with the conversion as being a "change in use" (females to males) which should require a "Special Permit" from the ZBA.

The owners of Alpha Chi Omega immediately filed suit against the ZBA, and the case started two years later in Hampshire Superior Court (this past September) but was quickly dropped in favor of the meeting that occurred last night.

According to Senior Town Planner Jeff Bagg:

"The ZBA voted unanimously to approve the extension of the pre existing non conforming sorority use to a “Fraternity or Sorority building, social dormitory, or similar use related to Amherst College, Hampshire College, or the University of Massachusetts” (same language as Section 3.326 of the Zoning Bylaw).  

Because it is a pre existing non conforming use, the ZBA had to make a finding under Section 9.22 that the extension was not substantially more detrimental to the neighborhood than the existing use. 

They made that finding based on the conditions which limit the total number of occupants (to the same number that was allowed under the 2005 permit), a requirement for a resident manager, and a requirement for review and approval of a new management prior to occupancy by any other tenant.

Additionally, the relationship to one of the institutions was deemed important as it provides an additional layer of regulations which do not necessarily apply to other non-institutionally related rentals.  

Finally, consideration was also given for the fact that the use under goes bi-annual inspections by various Town departments, where other rentals do not. "