The Cost Of Delay

The Mill District

After innumerable public meetings before a bevy of boards and committees leading up to the all important Zoning Board of Appeals Comprehensive Permit hearings, Beacon Communities representatives must feel like one of those purported abductees taken aboard an alien vessel for a close up examination including pokes and prods of every pore.

At the outset the ZBA scheduled three dates for examining the mixed use $45 million proposal, with January 5th being the final one at which they would vote on the measure which requires a two thirds vote to pass.

But at last week's Select Board meeting Town Manager Paul Bockelman told the SB an additional meeting would be required and the next one on the ZBA calender was January 19.

Chair Alisa Brewer somewhat bristled at the news wondering why the extra meeting was necessary and why it was scheduled two weeks from the 3rd one rather than only one week which is the way the Select Board handles important hearings.

Turns out the ZBA has not yet posted the date for that final meeting as they are trying to come up with a night that works for all concerned but it would be sooner than January 19.

Since the 130 unit development is providing 26 units of desperately needed subsidized housing Beacon is seeking tax credits and financing from the state to make the project work and need to have all approvals in place by mid February.

Beacon will also be seeking Select Board approval for a property tax reduction on those 26 below market rate units under the "Affordable Housing Property Tax Incentive" passed by Town Meeting two years ago, an important legacy legislation championed by the late Town Manager, John Musante.

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The usual NIMBYs have attacked the project with the usual complaints about being too big and leading to the destruction of the historic character of their neighborhood like Godzilla stomping through Tokyo.

More ominously they brought in a hired gun attorney to the last ZBA hearing, which of course brings up the prospects of a nuisance lawsuit hoping to delay the project, causing Beacon Communities untenable financial losses.

The same desperate strategy unsuccessfully used against One East Pleasant Street 18 months ago.

But NIMBYs never learn -- especially in Amherst. 

A Plethora Of Pot

Pot is now legal to grow in Massachusetts

The Amherst Select Board, keepers of the public way, is greatly concerned about the implementation of recreational pot which is already legal to grow and share as long as you don't charge for it (wink, wink). 

In their official letter to our good friend Senate President Stan Rosenberg and Speaker of the House Robert DeLeo they outline four requests:

(1) Allow a local municipality an easy way (Town Meeting) to delay recreation sales.

(2) Allow a local municipality an easy way (Town Meeting) to limit the number and location of recreational pot establishments.

(3) Rethink the "home grown" provision so Amherst is not overrun by free recreational pot.

(4) Rethink the 2% maximum local option sales tax on retailers.

The current law allows Amherst to limit the number of recreational pot permits to (a) either no more than the number of medical permits issued or (b) 20% the number of alcohol sales permits.

 55 University Drive received Special Permit from ZBA on June 30th

The Select Board issued four "Letters of Support" for medical marijuana businesses already and two of them have gained the necessary Special Permit from the Zoning Board of Appeals.

But ZBA Chair Mark Parent strongly suggested he would not approve any more than two based on market projections for medical marijuana in Amherst.

169 Meadow Street, N. Amherst received Special Permit July 21st

And Alisa Brewer pegged the number of recreational pot permits that could be issued based on 20% of alcohol permits at three.

Either provision requires a referendum vote at our local election and either provision can be added to the ballot with a simple majority vote of the Select Board.

So at the very least the Select Board should place the limiting provision on the upcoming end of March local election ballot and if they want the least number of recreational permits, tie it to the number of Medical permits issued which may very well end up being only two. 

And to limit it even further simply grant the two medical facilities those two recreation permits, which the state already seems to condone.

Since the revenue to the town is based on a percent of sales (2%) the tax revenues to the town stays the same if it's 2 facilities satisfying the market or 22.

DUI Dishonor Roll

Drunk Driving costs the United States 132 Billion per year

So let's hope this coming Christmas weekend is a drunk free one at least when it comes to driving.  Unlike last weekend where Amherst police took these two drivers off the road.

And since both volunteered for the Breathalyzer test and failed the best they can hope for is the standard 24D plea deal disposition (or I suppose be declared innocent by a jury of their peers).

 Richard Huntoon, age 39

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Jason Howard, age 21

Targeting The BIG Ones

Townehouse Apartments East Quad 4:30 PM Saturday 10/30/16

Townehouse Apartments East Quad 4:00 PM 4/24/16

If the Campus & Community Coalition has anything to say about it l-a-r-g-e rowdy outdoor parties will go the way of the party houses that plagued our neighborhoods for too many years: silent.

Connie Kruger told fellow Select Board members at their last meeting because the town's Rental Permit Bylaw and a some zoning tweaks have dramatically reduced individual party houses the CCC will be focusing more on preventing the large day drinks that formerly seemed to occur only once a season but lately seem to occur any nice weekend in spring and fall.

 Hobart Lane 3:30 PM Saturday 4/30/16

 Townehouse west quad 4:45 PM 4/23/16

One of the weapons they have always had at their disposal but never used is the ability to fine not just the tenants responsible for hosting the large party but the owner of the property as well.

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Once landlord's start getting hit with $300 fines they may figure out a way of reining in their tenants -- even if it means eviction.

A Horrible Tragedy

The District Attorney's office released a statement late this afternoon in the tragic death of a 67 year old Amherst woman last night and I guess I can see why they took their time issuing it considering the unthinkable reality of what happened.

When was the last time you looked behind your car at night to see if someone was flat on the ground near the rear tires before backing up?

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So I guess the bricks and mortar media was close when they originally portrayed it as a "car vs pedestrian."

But after the horrendous incident in town center six weeks ago where a drunk driver piloting a speeding truck trampled a man sitting on a bench waiting for a PVTA bus, people are naturally suspicious.

Especially when they see the phrase "State Police have been called in to investigate" which insiders know happens with ANY unattended death. 

Transparency is always the better option, even when the facts are so jolting. 

Round Two: Final Round?

Over 400 signatures handed in yesterday afternoon

The Town Clerk's office certified the 200 signature required to bring the $67 million Mega School back to Town Meeting for a second bite at the bitter apple.

The first time around it failed miserably and stands little chance of gaining the two thirds vote it needs to pass, since the meeting will be happening prior to the annual election (March 27) so the exact same Town Meeting membership will be voting on the exact same proposal.

The Select Board will meet Wednesday morning to confirm the Town Meeting date for the single article warrant so it will probably happen a day or two before February 1st.

Can You Hear Me Now?

Amherst Select Board meeting via remote viewing

The epic 5-4 vote of the Charter Commission on Monday night in favor of a Mayor/Council to replace antiquated Select Board/Town Meeting was kind of like the Battle of Midway, a major turning point.

But it would have been far less dramatic if it had been a 4-4 tie.

Which is why the Charter Commission asked our illustrious Select Board back in mid-June to allow them the common sense ability to do "remote participation" via Skype, Facetime, or even old fashioned conference call.

A member can participate and vote on something but they do not count towards a quorum.  Thus a 9 member body could not have 5 members participate via remote participation.

The state allowed it back in 2012 and the Regional School Committee started using it years ago.

The diffident Select Board is overly concerned because it's not just something they can grant to a particular committee, otherwise they probably would have instantly granted to the Charter Commission, but it's simply an all-or-nothing declaration.

And apparently they don't overly trust some of our many committees to figure out 21st century technology even though the average 8-tear-old has no problem doing it.

Town Manager Paul Bockelman, no stranger to using social media, will bring back a proposal for  their January 9 meeting.

Thus it should be in place for some of the epic Charter Commission island hopping engagements coming up soon where members have already stated they will not be physically able to attend.

A Fateful Decision?

Charter Commission last night (Julie Rueschemeyer not yet arrived)

 Town Meeting last moth:  four sessions, 3 hours each; Nine sessions last Spring

The Amherst Charter Commission, after nine l-o-n-g months of public meetings, made their first real decision concerning a core requirement for any form of government that's legal in Massachusetts and fortunatley it was the right one:  replace Town Meeting with a smaller more efficient and professional Council.



The first hour or so of the meeting saw each member give a brief presentation of where they are at and it was quite clear that five favored replacing Town Meeting and three did not.  But Julia Rueschemeyer was missing at the time due to car problems.

Nick Grabbe however hit the nail on the head during follow up when he said it's better to go with the right Charter even if it is only endorsed by a 6-3 vote than to compromise too much to get it to a 7-2 or 9-0 vote of the Commission.

Bingo!

Ironically the nine-member Charter Commission is pretty much acting like a nine-member City Council:  put them in a room to deliberate over a given problem and let them come up with a solution.

So even a 5-4 vote passes, and somewhere down the road if voters give it that same 55% approval it pretty much proves the Council/Commission "represents/matches the will of the voters."

Fifteen years ago in the early stage of deliberation the Charter Commission took their fateful vote and decided to ditch Town Meeting by a 7-2 margin.  And six months later when the Charter was completed it was the exact same 7-2 vote to send it to the voters.

In fact the two Town Meeting loyalists back then became almost obstructionists after that initial kill-Town-Meeting vote and started to work against the Charter well before it was complete.

Of course the other fateful decision they made by a much narrower 5-4 vote was to keep a Town Manager and give him more authority than a Mayor who would be pretty much a ceremonial figurehead.

Let's hope this Charter Commission has learned from (recent) history.

The Price of Protest

Pipeline protest prevented bank entry for 6 hours (although drive up was open)

Throughout the occupation no less than a dozen supporters were always on scene

The four arrested do-gooders who chained themselves to the main entry and exit doors of TD Bank on Triangle Street blocking access for six hours all pleaded not guilty and brokered a deal with ADA Bob Opsitnik to reimburse the town $800 for all the public safety personnel they needlessly tied up.

Now $200 each may not sound like much, but the usual court cost imposed is $50 and I've seen a few set at $100 but the only time in memory it went that high was for the infamous case of the Blarney Blowout when most of the perps reimbursed the town $200, wrote a letter of apology to APD and did 40 hours of community service.

Since these protesters were apologetic to APD the entire time of the incident, no need for a letter of apology and their idea of "community service" would probably be standing in town center with their anti-pipeline signs.

Since the four were egged on and supported throughout the occupation by about 20 other like-minded individuals if they split up the total cost it only comes to $35 or $40 each.

But I can assure you if this happens again the next four perps will not get off so (relatively) easily.  

Alyssa Johnson-Kurts

Harrison Greene

  Paxton Reed

  Marc Oston

Killer coverage via the Amherst Wire

(Although I wish they interviewed the young woman who quit to find out why)

Charter Fork In The Road

The Amherst Charter Commission has scheduled a marathon four hour meeting Monday night in an attempt to close out the year with a major milestone setting a direct course for a noteworthy final destination:  a new and improved local government.

And all roads lead through the question whether Town Meeting should continue beyond the 257 year mark?

At the consultants urging -- with time starting to run out -- the Commission will probably come to a straw vote on whether to keep Town Meeting in some form as the legislative branch.

A majority of members have telegraphed enough discontent with Town Meeting to indicate a yes vote for a replacement Council form of legislative branch, but a 5-4 vote will not be overly reassuring to the voters who have to approve the new Charter by majority vote.

But even Gerry Weiss,  stalwart defender of Town Meeting seems agreeable to at least downsizing the body from the current 240+ members and he also liked the idea of replacing the five member Select Board with a Mayor, but was told by the consultants the Attorney General would not accept such a hybrid.

Back in 1996 a Charter that failed miserably downsized Town Meeting to 150 members, kept a Town Manager but added a separate Council and a weak Mayor (elected only to lead the Council).

Something for everyone to hate.

The most contentious issue that will create the most enthusiasm for both enacting and/or defeating the new Charter proposal is this  issue about keeping or killing Town Meeting.

The Charter Commission, after nine months of meetings, public hearings and general outreach needs to bite the bullet and make this epic call. Now!

Hint:  Any new Charter that maintains antiquated Town Meeting -- in any form -- is doomed to failure. 

Don't Do The Crime

Soknang Chham arraigned before Judge Ross for murder

Eastern Hampshire District Court this afternoon hosted more police officers than I have ever seen including representatives from Belchertown, Amherst, State and a few extra bailiffs for good measure.

 State and local PD stood in the Courtroom

And midway through the arraignment of Soknang Chham for the shooting death of Jose "Joselito" Rodriguez after an outburst from a couple spectators you understand what the extra security was all about.

Crowd of friends and family 

The entire proceedings took perhaps 45 minutes but the actual time in the Court Room for Judge Ross was probably no more than 10 minutes, although he quickly left the room briefly after the outburst and then returned for the second arraignment.

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 Soksot Chham arraigned for accessory after the fact to murder

The court room was packed with about three dozen friends and family of the deceased.  The actual murder trial will probably take place in Northampton Superior Court since Eastern Hampshire District Court does not deal with full blown murder trials.

Unintended Consequences

Up to a dozen pot plants can be grown indoors as of today

The legalization of recreational pot as of today in formerly puritanical Massachusetts is indeed a much overdue milestone, but I will not be lighting up to celebrate.

My two major concerns are both related to public safety.  Since there is no accurate equivalent of a breath test machine that now makes drunk driving prosecution almost a slam dunk I worry police and the courts will have a hard time proving charges beyond the shadow of a doubt.

In fact the courts will have a hard time keeping up with prosecutions since most cases where a breath test was taken (otherwise the driver automatically loses their license for six months) and failed usually end up in a 24D plea deal which eases congestion on the system

But without a reliable scientifically proven test for pot intoxication those arrested will have a higher incentive to take their case all the way to jury trial and the courts are pretty overburdened as it is.

My other concern plays into a reoccurring nightmare of a late night major structure fire in a less than well maintained converted single family home with a few too many tenants, some of whom decided to grow marijuana in a dark closet or the basement.

In fact the most recent major fire in Amherst was due to an electrical overload (although not due to marijuana cultivation).  And marijuana plants require high intensity lamps to cultivate which more easily overload regular household circuits -- even those that are up to code.

When fire comes calling you better have your wits about you, otherwise you don't get out alive. 


UMass is already taking precautions (email to staff & students):

"Dear Students,
"Although Massachusetts voters recently approved a ballot measure permitting the possession and recreational use of marijuana, federal laws, including the Drug Free Schools and Communities Act and the Drug Free Workplace Act, require recipients of federal funds to prohibit the use, possession and/or cultivation of marijuana at educational institutions, regardless of state law."

"The use, possession, or cultivation of marijuana is therefore not allowed in any university housing or on any other university property. University staff will continue to enforce current policies regarding controlled substances, and any student who violates university policy prohibiting the use or possession of illegal drugs on campus may be subject to disciplinary action."

When Products Compete

Amherst Media also needs to find a new office building

For the first time in 40 years Amherst Media will have to formally bid for the right to provide community access television programming as well as covering the all important Amherst governmental meetings.

Town Manager Paul Bockelman informed the Select Board of new state regulations requiring a Request For Proposal be issued for the rights to do all things Amherst Media and other local cable access entities do.

The three year contract could be worth up to $300,000 per year in revenues from the recent deal struck with Comcast (5% of their TV revenues) as well as a piece of the $1.125 million in one time capital money Comcast agreed to pay in the most recently signed ten year renewal.

In the past the town simply "passed through" all of the money Comcast paid the town and the capital expenditures were done through the town so virtually all the equipment now used by Amherst Media is town owned.

Select Board Chair Alisa Brewer recused herself from any upcoming discussions regarding the RFP since her husband is currently (unpaid) President of the Amherst Media Board of Directors.

Steven Brewer testifies before Select Board on cable matters

SB member Connie Kruger liked the idea of the RFP because she thought it would give the town more say in how Amherst Media spends money. 

The Town Manager also pointed out that the town itself could set up a system to broadcast all the public governmental meetings but Federal Law requires an independent entity oversee the (sometimes) offbeat original programming. 

Either way, the process will not be the quick slam dunk it has been over the past 40 years and will probably not be completed until Spring.

Major Much Needed Parking Refresh

New machines are like Steve Austin:  "Better than before. Better, stronger & faster."

For the multitudes of you who have hated the multi-space parking machines the town installed five years ago take heart as all 12 could be replaced as early as this summer with much more user friendly ones from another company, which promises a more Apple computer like experience with their high tech gizmos.

This morning the Downtown Parking Working Group heard a one hour sales presentation for the Parkeon machines and DPW Director Guilford Mooring and Parking Czar Claire McGinnis will check out the other company that is on the state buying list but both seemed impressed with this particular product.

Current machines are hard to maintain in harsh New England environment

The town paid $110,000 for the Duncan machines but then soon had to add a lighted kiosk around them because the tiny monochrome screen was so hard to read at night and hard wired all of them because the batteries were not overly reliable, at an additional cost of about $25,000.

The current machines also used aging 2G transmission and the slow response of the keypad often causes user input errors.  And since they don't give a paper receipt,first time users are often left confused.

The Parkeon machines have been in use in Northampton for 12 years so are New England weather proven and are built like B52 bombers:  an indestructible outer steel shell designed to be upgraded with plug and play parts.

The base cost of the new machines is $85,000 but with a couple of bells and whistles will probably cost around the same as the original machines they are replacing.  Although they come solar equipped the town will use the hard wiring already installed in the same kiosk locations.

The machines can be programmed for either pay by space or license plate number or since it has a print function can also do the older style "pay and display" taking credit card or change.  And with the mobile app available consumers can conveniently pay online right from their ubiquitous smartphone.

The 7" color hi definition screen can be customized to display the town logo and can run commercials for local businesses with the printed ticket displaying a coupon offer.

 Downtown Parking Working Group at work

Clearly a double win for businesses in the downtown ... and everyday consumers. 

Marijuana Gold Rush

Rafter's property still needs a ZBA Special Permit for medical dispensary

If the medical marijuana market in Amherst is considered to be $10 million annually anyone want to venture a guess what the market in our little college town will be for recreational pot?  Yikes!

One sudden turn of events that has caught town officials by surprise is the aggressive timetable for implementing the successful November 8th ballot question which passed handily statewide and was overwhelmingly supported by Amherst voters by a 3-1 margin.

As of Thursday pot will be legal to possess or grow for personal use.  So if you see grow lights glowing all night long at your neighbor's house maybe they will share the bounty of their indoor crop which will also be legal to do.

 85 University Drive.  1st to get SB approval but still needs Special Permit

Commercial sales however will be as regulated as medical marijuana, but if those regulations are not in place by January 1st, 2018 medical marijuana dispensaries will be given a free pass to start selling the product to anyone over the age of 21.

Amherst has two facilities that have garnered both Select Board approval and a Special Permit from the Zoning Board of Appeals for medical marijuana.

Another two have the Select Board letter of support but have not yet gone before the ZBA for a Special Permit hearing, probably because ZBA Chair Mark Parent telegraphed at the 2nd hearing that he thought two permits should be the quota for medical marijuana.

But now that medical dispensaries are being given priority treatment as future providers of recreational pot that suggested quota just went out the window.

 55 University Drive received Special Permit from ZBA on June 30th

Last night the Select Board discussed the situation and briefly considered calling for a moratorium on issuing permits or letters of support for recreational pot facilities but they don't want to interfere with medical marijuana licensing, which have now become hopelessly intertwined. 

Town Manager Paul Bockelman will draft a letter to state officials describing some of the unique challanges facing Amherst, a college town with the lowest median age in the state, and the Select Board will review it next week.

169 Meadow Street, N. Amherst received Special Permit July 21st

Meanwhile, starting this Thursday, smoke 'em if you got 'em.  Just don't drive under the influence (not that the state has a reliable test for that).

Having three dispensaries located on University Drive has UMass officials concerned

Can A Neighborhood Pond Survive?

Markert's Pond off Pondview Drive South Amherst

One of the really neat things about Markert's Pond is its central location in the heart of Orchard Valley one of the original middle class working folk neighborhoods built in the 1960s.

For many, many years it was a year round recreational resource from skating in the winter to playing with frog and turtles -- not not so much snakes -- in the other three seasons of the year.

 The pond is centrally located in the heart of the neighborhood

But these days it is pretty much an eyesore.



Assistant Town Manager Dave Ziomek confirmed the town has not forgotten Merkert's Pond and will reinstall the outflow thingy in the spring.

Residents (and all the critters) will be thrilled.

Looking North March, 2016

Looking North December, 2016

Fireground: Chmura Road Hadley

Smoke was visible for miles around

The fire broke out around 1:00 PM

Three dozen firefighters fought a two hour pitched battle with a massive blaze brought on by a car fire in the attached garage.  The house appears to be a total loss but fortunately there were no major injuries to man or beast.