A Timely Audit

Amherst Media needs to relocate to a new building within the next year

In addition to the bombshell about UMass possibly being a cable scofflaw dropped at last week's Cable Advisory Committee Meeting, Amherst Media Director Jim Lescault requested the CAC authorize a five year audit of Comcast revenues.

Because Amherst Media funding (around $300K annually) consists of 5% of the Comcast pie (around $6 million annually) for every dollar the audit turns up that was, err, hidden that would be five cents in revenue to Amherst Media.

Of course there is the matter of the $28,000 cost of the audit, which could be reduced significantly if other cities and towns join in. 

 Most recent Comcast quarterly revenue report

But the audit doesn't necessarily need to turn up hidden revenues that match the cost of the audit, since the hard to measure benefit is the negotiation value of catching Comcast doing something unseemly.  Not that enormous corporations are known to do that (sarcasm).

The Cable Advisory Committee voted to support the legal services request but it will be up to the Select Board to make it so.

Cable Advisory Committee meeting 12/14/15.  One member resigned so they are in need of a new volunteer

The Grass Is Greener

Amherst may move up a notch or two in those ubiquitous top ten lists for places to retire if we get our first pot dispensary.  Medical marijuana of course.

The Select Board packet this week contains a heads up letter from Peter Kadens, president GTI Massachusetts NP Corp informing Chair Alisa Brewer that our little college town is being considered for a Registered Marijuana Dispensary. 

Massachusetts voters legalized medical marijuana in 2012 and a year later our Town Meeting passed (by two thirds vote) zoning article 13 limiting such facilities to mixed-use or business zoned areas and a few other common sense conditions.

New England Treatment Access was the first dispensary to open in the Happy Valley back in October, and was welcomed with open arms by Northampton officials. 

Pundits are predicting Massachusetts voters could legalize recreational marijuana as early as next year.

A Third Of A Loaf?

 Historic North Common now home to the Merry Maple

Even though the state recently turned Amherst down for a $400,000 Parkland Acquisitions & Renovations for Communities grant to rehabilitate historic North Common in the heart of our downtown, the project may not be dead.

In a letter to the Community Preservation Act Committee, Interim Town Manager Dave Ziomek proposed putting the $190,000 appropriated last year as (less than) matching funds to the PARC grant still be used for the project, with the balance of the funding coming over the next few years from CPA funds.

 Click to enlarge/read

The CPAC was receptive to the idea, but the consensus was it needed to go back to Town Meeting since their approval last year for the $190K appropriation was based on acquiring the PARC grant for the lion's share of the project costs.

Of course some members wondered if perhaps the Business Improvement District, with its $315,265 annual budget, could shoulder some of the funding.  

The CPA Committee currently has $1.7 million at their disposal, not including the $190,000 set aside last year for the North Common historic preservation project.  Proposed (13) projects for FY17 total $2,125,520.

Burn In Hell

First Congregational Church on Main Street is one of many historic buildings in Amherst

In their first meeting since receiving over $2 million in funding requests the Community Preservation Act Committee already started digging in with an overall review of the 13 proposals.

Over the next few months each proposal will be formally presented to them by petitioners at a public meeting, although there was talk last night about eliminating some that stand little chance of garnering their approval.

For instance, the Committee was cool to the request from the First Congregational Church for $357,647 for a fire suppression system and Chair Mary Streeter said she had already received two letters opposing the project.

Besides the enormous amount of money one member worried it would set a precedent and soon the CPAC would be flooded with requests for just such a system.  He pointed out Amherst has a lot of historic structures.

Another liaison questioned the "partner" aspect of the proposal wondering if they just randomly picked something on their wish list that might fall under CPAC jurisdiction for the town to fund, while they pay for elevator, electrical system upgrades and added restrooms.

Select Board member Andy Steinberg pointed out the Committee did fund the Goodwin Memorial  Zion Church last year, although a lot smaller request ($25,000), so separation of Church & State is not an issue.

But Mary Streeter quickly pointed out Town Meeting, after CPAC gave it their blessing, voted down $8,000 for repairs to North Church in the heart of North Amherst.

 The Evergreens (bottom), Dickinson Homestead (top right)

The parallel $200,000  request from the  Emily Dickinson Museum for a fire suppression system in the Evergreens next door to the Dickinson Homestead was also not overly enthusiastically received.

Chair Mary Streeter wondered if the unknown donor who planned to match the CPA money was perhaps the owner of the building, Amherst College, who is the town's largest landowner with an endowment surpassing $2 billion.

Ms. Streeter was also unhappy the request proposal never mentioned the previous CPA money ($15,000) donated to them in their background report to the committee which she thought a tad ungrateful.

Members were also concerned over the Museum charging an entry fee and wondered if they did donate this money would Amherst residents be given free entry in perpetuity?

Other members pointed out the Dickinson name should be such that donated funding could be found from other sources.

Funding requests for FY17 total $2,125,520 and Comptroller Sonia Aldrich verified the current balance in the CPAC account --  with about 20% of that representing state matching funds -- stands at $1,778,747 so the Committee doesn't exactly have money to burn.

Let The Battle Begin

Adam Lussier, Amherst For All (left) Town Clerk Sandra Burgess (right)

As of 4:30 PM Amherst Town Clerk Sandra Burgess has certified 3,247 signatures on the Charter petition drive to put before the voters this spring the question of changing our form of local governance and the election of 9 Charter Commissioners to carry out that long overdue proposition.

The monumental task required the signatures of 15% of Amherst registered voters, or 3,215.

But Amherst For All is not exactly popping the champagne bottles and collapsing in a happy heap.

Instead they are calling for one more massive push Saturday to continue collecting signatures as a cushion against what is sure to be a challenge from pro-Town Meeting zealots.

On Monday, hopefully with hundreds of additional signatures, one of the members of the Steering Committee will sign a statement with the Town Clerk saying they are done with signature collection.

The Board of Registrars has ten days from the 12/21 date of the final submission to certify signatures and issue a Certification Report, which is December 31.  Objectors wishing to challenge signatures have two "working days" from December 31st, which gives them a deadline of January 5, 2016 (because January 1, 2 and 3 are not working days) by 5:00 PM.

The hurdle for disqualifying signatures is a high one, and thus far no one in the entire history of the town has ever successfully overturned a ballot question or candidate nomination using a signature challenge. 

Click to enlarge/read

The 10% Solution

Representatives from Amherst, Pelham, Leverett & Shutesbury met today 

Officials from all four towns came together this afternoon at the Regional Middle School trying to work out some sort of compromise so all four towns could start building their budgets.

In order to dissuade Shutesbury from implementing the "The Nuclear Option", whereby their Town Meeting votes down the Regional Assessment Method from the current rolling five year average cost per pupil basis, which would then automatically reverts the Region to the "Statutory Method" based (somewhat) on ability to pay, Finance Director Sean Mangano hatched a compromise.

For this upcoming Fiscal Year stay with the current method for 90% of the budget and the other 10% use the state's Statutory Method but with open space & tax exempt properties removed from the formula.

 1st slide:  School administrators wanted everyone to play nice

Under this scheme Amherst would stay at around a 2.5% increase next year while both Leverett and Pelham would pay a little more in order for Shutesbury to pay a little less ($25,000).

Superintendent Maria Geryk told them, ""We will do our part in making cuts, adapting to a long term structural deficiency.  I'm just hoping we can stay connected and working together."

The meeting did get heated at times with one member pointing out, "There’s always another alternative formula where you will pay less.  One town will always be in that position."

At the Four Towns Meeting two weeks ago Shutesbury presented an alternative method that simply reverted back to the Statutory Method, but phased in over the next four years (25% per year).

And they strongly suggested their Town Meeting could vote down the current method if the plan was not adopted.  That was met with a storm of sharp criticism from the other towns.

The subject of expanding the Region from the current 7-12 all the way down to PreK through 6th grade did come up, as some members believe it will save money.  But if Shutesbury votes no to reopening the Regional Agreement, the process is dead.

One member suggested helping Shutesbury by tweaking the funding formula should be tied to their support for passing Regionalization, even if they as a town do not wish to join the expanded Region.

All four Town Meetings will vote on the expanded Region this spring, and it takes unanimous approval to pass.  Two questions will be presented:  Should the Regional Agreement be reopened/amended for the sake of Regionalization, and 2) do you wish to join the expanded Region?

It's only the first question that requires unanimous approval, the second question does not.

As long as Amherst, who is 78% of the Region, approves along with at least one other town, the expanded Region is formed.  The remaining towns will simply stay on as part of the 7-12 Region.

Complicated?  You bet.

The Power Of Persuasion

AFD Ambulance 1 enroute to Cooley Dickinson Hospital

The cancellation of SantaCon was instrumental in keeping the last weekend in a college town before the students head home, a quiet one.

UMass had the lowest number of ETOH drunk runs all semester although  "Crossett Christmas" runs at Amherst College were once again the highest of the semester.

   AFD SantaCon Weekend

A Change In Command

Peter Hechenbleikner at the 11/30 Select Board meeting

The Amherst Select Board just announced that Peter Hechenbleikner would be our Temporary Town Manager serving from February 1 through mid-summer.

Amherst Temp Town Mgr Chosen

Mark Rees, who garnered the unanimous approval of the Select Board after both were interviewed at a public meeting on November 30th, was hired away by Fairhaven as the their "Town administrator."

 Mark Rees aced his Amherst interview but took another job

Don't Feed The Bears

The bear brigade

Environmental, State, APD and of course our Animal Welfare Officer Carol Hepburn descended on Cherry Lane this morning for a 350+ pound black bear who had taken up residence under a back porch.

In addition to the comfortable crib the bear had made for himself Ms. Hepburn noted the large number of bird feeders still available in the neighborhood.  

Conditions were not good enough to safely use a tranquilizer dart so Yogi was simply chased off and is currently still at large. 

Click to enlarge/read

TV News advice

Status Quo Before The Storm

Alisa Brewer (left center) Jim Wald (right) at Monday Select Board meeting

With incumbents Alisa Brewer and Jim Wald running for reelection to the highest elected position the town has to offer, one-fifth of a mayor, the 5 member Select Board will maintain its steady if not staid course.

No small feat after the tragic sudden death of Town Manager John Musante.

Because there are two Select Board seats open that means voters get to vote for two candidates.  And since Mr. Wald and SB Chair Brewer have worked side-by-side together over the past six years it's a pretty safe bet who they will each tell their friends to support with that second vote.

If Alisa has 1,500 voters who go to the polls specifically to support her and Mr. Wald also has 1,500 to specifically support him but each supporter casts their second vote properly then both candidates end up with 3,000 votes.

Makes it kind of hard for an independent lone wolf candidate to rack up a victory, even when second place counts as winning.

In fact, as often is the case with Select Board recently, there may not even be a contest other than the two guaranteed winners.  And normally that would translate to an all too typical pathetic local voter turnout, which every now and then barely manages to break 10%.

But not this time -- not by a long shot.  With the Charter change question on the ballot -- bringing with it the glorious opportunity to terminate tedious Town Meeting -- the voter turnout will easily surpass 30%.

The 9 member Charter Commission should be able to produce a new and improved blueprint for better local government (Anything But Town Meeting)  in time for the 2017 election.

And in the meantime, Alisa Brewer and Jim Wald will do a fine job keeping those Select Board seats warm.

DUI Dishonor Roll

In Eastern Hampshire District Court Monday both college aged youth -- one arrested by APD and the other by UMPD -- had their cases continued until next month so they could hire their own private attorney.

 Jackson Schroeder, age 21, stands before Judge Patricia Poehler

Click to enlarge/read

Mr. Schroeder submitted to the Breathalyzer so he should probably save his money and take the standard state offer of a 24D disposition. 

Mr. Fidler probably has a better shot of beating the driving under the influence of drugs charge (but not all the others) simply because there are no standard Breathalyzer tests available for detecting drugs.

 Zachary Fidler, age 20, arraigned by Judge Patricia Pohler

Click to enlarge/read

UMass: A Cable Scofflaw?

UMass is a city unto itself, but they still reside in Amherst

The Cable Advisory Committee voted unanimously on Monday to request Interim Town Manager Dave Ziomek issue UMass a public documents request to ascertain details of a cable contract with Charter Communications that could violate federal law because the Amherst Select Board, who has authority in these matters, never issued them a cable franchise.

   Request Cable Audit of Umass

The CAC is currently working diligently on the renewal of the current ten-year cable contract with Comcast which does require Select Board approval.  Currently Amherst has over 7,000 subscribers who contribute about $6 million total per year to Comcast.

As part of their franchise fee Comcast gives up 5% of their annual cable revenues to Amherst Media, around $300,000, as well as a once every ten year capital sum for new equipment, which amounted to $450,000 in the last contract. 

 Comcast quarterly income report

Since these contract matters are FCC related that kind of makes the Select Board agents of a federal authority. Thus the usual excuse UMass uses for ignoring town ordinances and/or bylaws may not hold up, since a federal entity trumps a state one.

UMass recently told the town to go fly a kite (or drone) regarding the 6% local hotel/motel tax applying to the Campus Center Hotel.

Currently they are holding $200,000 in escrow attempting to strong arm the town into signing a multi-year "Strategic Partnership" for Payment In Lieu Of Taxes to help fund all the services provided to on-campus students by Amherst Fire Department. 

Unintended Consequences

Three years ago: what was once unimaginable, is no longer so

At their 12/10 meeting last week the Amherst Board Of Health spent 45 minutes (out of a one hour scheduled agenda ) tip toeing through a mine field ... while blindfolded.

They were trying to decide if gun violence falls within their perview as a public health issue.  Like, say, tobacco.  Although unlike tobacco, guns can be used safely.  It's the 30,000+ annual deaths (mostly suicides) where guns were used not so safely, that concerns them.

And of course if you're a rational human being you cannot help but be affected by the tiny minority of major tragic events that seem to crop up more and more often these days.

Although it appears using those high profile incidents to promote gun control legislation has backfired, as any talk of added controls only stimulates gun sales in a country where guns now outnumber citizens.

The BOH decided to invite APD Chief Scott Livingstone to appear before them at an upcoming meeting to discuss guns, which are not a big problem in little Amherst. 

Other members will reach out to national organizations working to reduce gun violence in the land of the free and home of the brave.

During the initial discussion, Board Of Health members seemed unclear if they had any jurisdiction or role in dealing with gun violence.  But one outspoken member responded, "If not us, then who?"

Protecting History

The Evergreens on a bright October day

The Evergreens, immediate neighbor and family member of the Emily Dickinson Homestead Museum, will become a lot safer if the Community Preservation Act Committee recommends the $200,000 request for a new high pressure water mist fire suppression system. 

The actual cost of the system is over $400,000 but museum officials have a donor who will match the CPA grant should it be approved by Town Meeting in the spring. 

Both the Dickinson Homestead and the Evergreens are owned by Amherst College, the largest property owner in town.  The Dickinson houses attract thousands of visitors to our little college town from all over the world. 

Splash Park For Groff Park

Groff Park on a drizzly day

The town has submitted a $600,000 request of the Community Preservation Act Committee for a major overhaul of Groff Park that will include the town's first splash park, a new additional pavilion, and badly needed new ADA compliant playground equipment set on a safer surface.

The overall cost is projected to be $1.2 million so the town will also be submitting a PARC grant (Parkland Acquisitions & Renovations for Communities) in July, 2016 to help cover the other half of the costs.

But if the state grant is not approved, like our last one for the historic North Town Common renovations, the amount requested from CPA will still be enough for the splash park since the 60+ year old wading pool is ABD (All But Dead).

If the CPA Committee recommends the funding it will still require Town Meeting approval this spring.  The design work is being done by Berkshire Design Group who also recently designed the $240,000 ADA compliant make over of a preK playground at Crocker Farm School.

Now if we could just do something regarding the sorry state of War Memorial Playground ...

Wading pool was demolished last year at War Memorial Playground

Story Of The Year

The fog will lift for sure next year

I'm a little ahead of my bricks and mortar media friends with that traditional year end list culminating with the top story of the year.  In fact I'm w-a-y ahead since this is my prediction for the biggest story of 2016.

Amherst has not seen a Charter change battle in over ten years, and this upcoming one is shaping up to be even more epic since this time around it stands a better chance of passing.  And the previous one narrowly came up short out of 4,814 votes cast losing by only 14  -- less than 1%.

Amherst For All members gather at Kendrick Park Saturday for final push

In fact the monumental effort to collect a whopping 3,215 signatures has only been aided by the (over) reaction of Town Meeting cheerleaders thus far:

The threat to challenge "every signature" certified by the Town Clerk for instance underscores their unAmerican desperate way of trying to prevent voters from having a say over the way they are governed.

Or the video upload to YouTube suggesting "conflict of interest" with Amherst For All Steering Committee members, while failing to acknowledge Town Meeting members are exempt from state conflict of interest law (unlike a Mayor or Council).

Talk about throwing stones while living in a Tiffany stained glass teepee.

Amherst For All is more than just a name; it represents something hardpressed taxpayers have not seen in too long a time:  hope.

Learning From History

Simeon Strong House built 1744

Strong House (hidden by tree) adjacent to Jones Library on right

Amherst Historical Society outgoing President Jim Wald updated the membership at their annual meeting this afternoon about two exciting projects now underway, including a possible physical joining with the adjacent Jones Library and a high tech archaeological study of the Museum grounds.

The Strong House is one of the oldest properties in Amherst set well back from Amity Street, so the front and side yards are pretty much undisturbed from the way they were over 270 years ago.

Jim Wald on final day as Amherst Historical Society President (replaced by Georgia Barnhill)

Last month UMass Archaeological Services used ground penetrating radar to map the entire grounds looking for signs of buried treasure.  Not so much coins and jewelry but anything that was man made, possible discarded, and now remains hidden below the surface.

Old outhouses are considered the mother lode because household trash was often deposited along with biodegradable wastes.

Ground Penetrating Radar overlay on drone photo

The $20,000 study, paid for with Community Preservation Act historical preservation funds, also included drone shots of the property overlayed with the ground penetrating radar results, as well as infra red photos from above.

Infra red drone shot

Study results should be available before spring.

The Strong House now houses over 7,000 individual artifacts dating back to the founding of Amherst, but the overcrowded facility lacks climate control.

Museum officials have been pursuing an alliance with the Jones Library, especially now since the Library is in the process of expanding with the state covering half the cost.

The Strong House was donated to the Amherst Historical Society with the condition it remain in its original state as a Museum, and should that covenant be broken ownership would revert to the Massachusetts Historical Commission (who does not like to own buildings).

Museum officials have placed a $42,000 proposal before the Community Preservation Act Committee for funding to work out the legal problems associated with a possible merger with the Jones Library, or simply expanding the building.

In addition the money will also pay for repairs to the exterior of the building and a dendrochronology study of the wood to determine more exact dating of various parts of the building.

SantaCon Cancelled

To no great surprise, SantaCon Amherst is not going to happen.

Almost certainly due to the Select Board threat last Monday to hold (both) idiot downtown bar businesses responsible should anything go wrong.

And with 200 college aged youth, on the last day of classes, all dressed up as Santa's, crawling downtown bars, what could possibly go wrong?

UPDATE:  Saturday morning 7:00 AM

And nothing did go wrong.  Overall a rather uneventful overnight.  Well, except:

AFD responding to Townhouse Apartments, North #Amherst for a " trash fire in the quad."

— Larry Kelley (@amherstac) December 12, 2015

Who knew Rudolph was a smoker?

Tonight APD and ACPD will be on alert for Crossett Christmas, where UMass kids usually arrive in swarms to take over Amherst College.

UPDATE:  Sunday morning 7: 00 AM

Although there were a bevy of AFD transports for alcohol OD Amherst College PD and extra private security forces managed to keep the chaos under control this year.  And since Amherst College is tearing down the social dorm this spring, the last Crossett Christmas goes out with a whimper.

All Things Digital

Jones Library:  Amherst's living room

The Jones Library is submitting a $35,000 request to Joint Capital Planning Committee, the guardians and first hurdle for FY17 equipment requests, for a new computer server and consulting help to expand the capabilities of Digital Amherst, which is currently at capacity.

This will allow Special Collections to continue adding material for convenient online availability, especially Audio Video materials that are a bit of a data hog.

One such item is the recorded voice of poet Robert Frost speaking at the Jones when a room in his honor was first dedicated.

 The new server is estimated to last at least five years before hitting capacity. Most of the JCPC request ($22,000 of the total) is for one time start up consulting costs but the ongoing annual maintenance duties will be handled in-house by the town Information Technology Department.

Jones Library Board of Trustees meeting this morning

The Jones Library Board of Trustees voted unanimously to support the $35,000 request which is separate from the $2,468,186 overall FY17 budget, a 2.34% increase over last year.

This falls within Finance Committee guidelines of no more than a 2.5% increase from last year.

In addition Library Director Sharon Sharry told the Trustees she is setting up a Go Fund Me internet donation campaign with a target goal of $40,000, which represents the amount lost from the operation budget when the draw from the endowment was reduced to 4% from the previous 4.5% mark.

The Jones Library Endowment now stands at $7.25 million.

The Board of Trustees also voted unanimously to support placing the $2.46 million FY17 budget before Town Meeting. Library Director Sharon Sharry said of the annual budget, "We're in a fine place this year."

  Jones Library FY17 Budget

When a "D" Is A Good Thing

North Amherst center today shows recent improvements via paving and new striping 

Click photos to enlarge

Concept D

So after two open public forums and many individual board and committee meetings it looks like Concept D is going to be the choice for significant renovations to North Amherst Village Center.

At Tuesday's second forum sponsored by the Select Board, Planning Board and Public Works Committee, attended by perhaps 45 citizens, Concept D was once again was the clear favorite of the four presented.

Good crowd at Bangs Center for the 2nd public forum on Tuesday night

Now the significant problem is going to be how to fund it?

I'm told just the basic construction aspect is at least $1 million and the combined value of the two properties that would need to be purchased are another $1 million.  So a million here and a million there, pretty soon you're talking real money.

Reverting Sunderland Road back to greenspace ties in Library to School and playing field

The town was shot down for a MassWorks grant recently for this North Amherst intersection, and a couple years ago was also turned down for a $4 million grant to redo Pine Street, which the town just now completed on its own dime (or I should say local taxpayers dimes).

Maybe if we showed a little more support at the ballot box for a Republican Governor, those grants would start rolling in.

Keep Them Doggies Movin'

Hope

Why did the bovine cross the road?  To avoid a major demolition.

Hope the cow will move from her current location at 233 North Pleasant Street, the former Carriage Shops, to Realignment Park directly across the street at 236 North Pleasant Street, in front of a building owned by Barry Roberts.

The cow was fabricated as a combination public art project piggy bank with all the proceeds going to Craig's Doors homeless shelter.

The Design Review Board voted unanimously last night to approve the relocation although point person Jerry Gates said he would come back for approval of any smaller signs placed on Hope (like "Ride at your own risk").

The board also suggested she continue to face west after relocation so folks approaching her from Kendrick Park or town center will have a more inviting view of her sides rather than rear end.

Click to enlarge/read

The Business Improvement District also submitted a letter of support pointing out they have cleaned up the public art space around "Relocation Park" and wish to see the popular cow stay in town center.

The relocation will need the approval of the Public Arts Commission and it is on their 12/17 agenda.  Chair Rene Theberge was also in attendance last night and seemed supportive.

The Amherst Select Board as "keepers of the public way" have final authority over the move and with this being an election year they are probably not going to want to mess with a popular downtown icon -- especially one named "Hope".

Hope (visible top center) would be located a few feet north of this art installation