Thursday, January 31, 2013

ZBA Accepts Surrender

ZBA Chair Eric Beal, Thomas Ehrgood member, Rob Morra Building Commish, Attorney Larry Farber in hot seat

It took two hours and ZBA Chair Eric Beal seemed to want to let the public thrashing of a prominent local landlord go on for two more hours, but he finally relented and voted along with his two fellow board members to allow Grandonico Properties, LLC -- AKA Lincoln Realty -- to withdraw their appeal of the Building Commissioner's $100/day fine for violation of the town bylaw restricting one family units to four unrelated housemates.
 Town Attorney Joel Bard, Jeff Bagg town planner, Hilda Greenbaum ZBA member

Originally the Grandonicos appealed the Building Commissioner's decision, claiming they should not be fined because they were unaware of their tenants (overcrowding) actions and should therefor not be held accountable.

The tenants -- all UMass students -- contacted UMass legal services and their attorney, Carol Booth, put together overwhelming testimony showing the Grandonicos were well aware, and in fact encouraged, violation of the town zoning bylaw.
 Seven roommates!

After a potentially catastrophic fire that started in an illegal basement bedroom of #20 Gilreath Manor on September 13, the tenants were told by their landlord to hide evidence of bedrooms in the basements, which borders on obstruction of justice -- a criminal charge.  

After these documents became public due to the ZBA hearing (and this blog), the Grandonicos wished to turn off the spotlight by simply withdrawing their appeal.  Tonight they got their wish.
Click to enlarge/read

But the ZBA still strongly reaffirmed the right of the Building Commissioner to levy fines on the landlords for infractions that occur on their property.  A message that will not be lost on other landlords in town.


Front Row: Select Board Chair Stephanie O'Keeffe, Jonathan O'Keeffe Planning Board, Alisa Brewer, Select Board rear seat front

Essential Equipment Temporarily Down




AFD Engine 2 (Quint)
Both the Quint (Engine 2) and Ladder Truck 1 are currently out of service due to maintenance issues leaving the town without its own aerial platform truck, a vital tool for firefighting ... but, thankfully, for only two weeks.

And in the meantime, Worthington has kindly donated the services of their ladder truck until either one of ours returns.  

The Quint is a multi-task unit that acts as both pumper and ladder truck with 75' vertical range and can seat six fully equipped firefighters.  The town purchased it in the summer of 2009 for $635,000.  And yes, it was in service last week at the deadly Rolling Green Apartments fire.

Ladder Truck 1 is a 1988 LTI with a 102' aerial platform.  Each of the two ladder units carry a 1,000 gallon per minute gun on top of the ladder to attack fire from above.
Ladder Truck 1 at University Drive Laundromat dryer fire
 Quint in action at Rolling Green fire. Photo courtesy of Steven O'Toole

Wednesday, January 30, 2013

Revenge of the Ninja

Ninja agent in full regalia 

Our visit to a not very authentic Japanese ninja movie studio park magically whisked me back over 25 years to perhaps my biggest battle of all, fought not in a karate ring but on the pages of martial arts magazines, local TV news and BIG city daily newspapers from coast to coast, back when print was in its prime.

After promoting an anonymous customer satisfaction survey asking what else our little karate school could offer in services, I noticed a good number of written requests for "weapons" training.  And the handwriting was decidedly childlike.

I started asking kids where they had even heard about throwing stars, double edged daggers, blow guns and the like.  "In school," came the response "Lots of kids are talking about it, and some are even bringing them to class". 

Yes, we're taking white bread, peace loving, affluent Amherst. 

At the time the martial arts industry was in a full scale "Ninjamania" meltdown.  Fueled by Hollywood movies and amplified further by California based martial arts magazines promoting ninjas on their covers --usually in violent poses, with flashy weapons about to skewer or decapitate an opponent -- and page after page of ads for mail-order martial weapons of every kind.

Publishers were getting rich off the ads, weapons dealers were selling a boatload of products, and unfortunately, kids nationwide were getting their naive little hands on dangerous weapons, because the postman does not check IDs. 

In Massachusetts many of the weapons -- nunchakus, doubled-edged knives, and throwing stars -- had been banned by emergency legislation signed by Governor Michael Dukakis in 1972.   Police officers were coming under attack with a variety of these weapons by street gangs and angry mobs during the racially charged Boston school busing crises. 

So how, I wondered, are kids in Amherst getting their hands on these particular dangerous weapons that were clearly outlawed?  A classic Catch 22:  although made illegal by state law it was not illegal to use the federal post office to circumvent our state law by ordering from weapons dealers located in states that had no restrictions on the pernicious products. 

It took an entire day but I managed to talk my way past a secretary or two and get the Postmaster General in Washington, DC on the phone.  When I asked him if he knew his organization was trampling on our state law by delivering illegal weapons he said, matter-of-factly, "I'm not surprised".  He then pointed out in California tear gas pens were illegal by state law but he knew they were routinely being delivered. 

"There's nothing I can do about it now" he said.  "You would need to get a federal law passed … "

Thus began a two-front war: Getting the politicians to close a loophole allowing the mailorder of dangerous martial arts weapons,  and informing parents nationwide that their children could be playing with these dangerous devices. 

I kicked off my crusade by mailing every US senator in Washington, DC a multi-pointed throwing star (which were illegal in the city) with the tag line typed on the outside of the envelope:  "Illegal weapon, legally enclosed."  The Associated Press covered my press conference as did all the local and regional media in Massachusetts and the king of TV national news shows, ABC's 20/20.

Senator Kennedy, who knew all too well the danger of mail-order availability of weapons (like the Italian-made 6.5 Mannlicher-Carcano rifle obtained by Lee Harvey Oswald for instance) was quick to respond to my letter of concern, although rookie Senator John Kerry never did.

But the big break came when Kennedy's legislation picked up an unlikely co-sponsor:  Ultra conservative long-time Sentor Strom Thurmond.  Now the bill, S-1363, was called the "Kennedy/Thurmond Bill". 

What caught the southern Senator's attention was my secondary concern over "states rights".  What caught the media's attention was the unlikely pairing of two polar opposite but highly respected legislators.

In the winter of 1985 I testified as an expert witness before the Senate Judiciary Committee chaired by Senator Kennedy.  Black Belt Magazine publisher Michael James, worried about advertising revenues, testified against the bill as did martial arts icon and Washington, DC based Tae Kwon Do instructor Jhoon Rhee who was worried it could become a slippery slope leading to legislative control over martial arts instruction schools. 

At one point in his testimony Senator Kennedy respectfully interrupted Mr. Rhee to ask, "Do you use these weapons in your schools here in DC?" "No," he quickly replied, "they are too dangerous".   Reporters in the packed hearing room almost fell out of their chairs. 

The bill came out of the Judiciary Committee with a 11-1 favorable vote, only Arlen Specter voted against it citing concerns from the NRA.  I sent a weapons package to Spector's wife Joan who was then Philadelphia City Council Chair and soon thereafter a local ordinance passed essentially banning the more dangerous of the weapons in Philadelphia, thus shutting down the supply sent out nationwide by the largest mail order dealer of the time, Asian World of Martial Arts. 

The bill never made it to the floor of the 99th Congress for a full vote and therefore died of neglect.  Senator Kennedy never refiled it when the 100th Congress convened.  But by then the industry had taken strong measures of self regulation.  Weapons ads now carried the disclaimer, "will not ship to where prohibited by law."

And perhaps most important of all, the "Ninjamania" fad died.  Another of my secondary concerns was that ninjas were, essentially, hired assassins.  My TV sound bite at the time was "they would kill their own grandmother, in her sleep, for a price."

Hardly something American children should be holding up as heroes to emulate.

As we left the Toei Kyoto Studio Park my daughters could talk about nothing other than "ninjas".  And yes, we did make a souvenir purchase -- but not any of the plastic toy weapons.

A pair of black ninja tabi boots, which allows one to walk softly ...

Top row: Nunchaku, brass knuckle knife, push dagger. Middle row: Ninja claw, throwing starsBottom row: Balisong Philippine knife, and my favorite: a razor sharp double-edged dagger made from high impact plastic rather than metal, so you could easily sneak it aboard commercial airplanes.

Tuesday, January 29, 2013

Website Winner

Amherst Town Website

The MMA -- that's Mass Municipal Association, not Mixed Martial Arts -- awarded the town of Amherst an Honorable Mention certificate for community websites in the population range of 15 to 50,000.

This is the first year the organization that bills itself as "the voice of cities and towns in Massachusetts" has given an award for municipal websites.

In 2009 Common Cause Massachusetts designated Amherst an e-Government award winner for "transparency in Massachusetts municipal websites."

Like any good website Amherstma.gov is a huge time saver for both town employees and citizens, as well as tree saver.  The always on 24/7 site allows citizens direct access to paperwork, and maintains efficient lines of communication for mundane meetings, or potentially lifesaving bulletins in the case of an emergency.

The site went live w-a-y back in July, 1998 as http://town.amherst.ma.us before assuming the current address in June, 2004.   The site now routinely attracts 1,500 unique visitors daily (but has seen a peak of 4,600) and has thousands of subscribers who get information notifications by email, text message, or RSS feeds.

Amherst is also one of only a hand full of municipalities in the state that offers extensive free WiFi in the downtown.

Drinking To Excess

Amherst Fire Department ambulances

While Amherst Police Department made no arrests over the weekend for rowdy behavior at any of the usual Party Houses, Amherst Fire Department was swamped with ETOH (alcohol poisoning) calls to UMass, the proud flagship of higher education in our state.

In fact, 80% of the EMS calls were alcohol related.  80%!  And one of them was a combination "ETOH and trauma," meaning the young college aged male hurt himself because of the incapacitation brought on by too much alcohol.

Just as a young college aged female died not long ago on Fearing Street, a notorious party pass through path, after collapsing and hitting her head on unforgiving concrete. 

In addition to alcohol sucking up the valuable time of our first responders, AFD also had a false alarm fire call to my friends at Alphs Delta Phi, 778 North Pleasant Street (who recently threatened me with a lawsuit to protect their sterling reputation) for "marijuana smoke" setting off a fire alarm.

Way to go frat boys.  I wish we could send you a bill for the $300 or more it cost the taxpayers of this town.



In addition to these babysitting drunk runs to Cooley Dickinson Hospital, AFD was also busy with the medical emergencies we expect them to handle. So much so, that they had to rely on "mutual aid ambulances" four times (see EMS calls marked with *).

And no, oddly enough, none of these reinforcements were required because of the late night/early morning ETOH calls hogging our ambulances.

Just goes to show how routinely stressed the AFD is even without factoring in drunken college kids which, on weekends, is a BIG factor.

Monday, January 28, 2013

DUI Dishonor Roll



Early Friday morning was not a particularly safe time to be driving in Amherst, although APD made it safer by taking two drunk drivers off the road, both of them female UMass students, and both incidents close to the flagship campus jam packed with potential accident victims. 

Stopped originally for speeding and "marked lanes violation" (swerving) at 1:17 AM on North Pleasant Street near infamous Hobart Lane, police arrested 21-year-old Hannah David, 58 Mt Vernon St, Fitchburg, MA, for Driving Under the Influence.

And a couple hours later at 2:58 AM on Phillips Street, the other infamous street in town, police stopped 20-year-old Meghan Fleming, 10 Valentine Road, Hopkinton, MA for "marked lanes violation".  The officer then noticed a "strong odor of alcohol, bloodshot glassy eyes, and slurred speech."

Ms Fleming took the Portable Breathalyzer Test and failed with a PBT of .173% -- more than twice the legal limit.  She was, however, smart enough to refuse the more sophisticated, fixed/stationary breathalyzer back at the station -- the one that provides results that are admissible in court.

So, theoretically, she loses her license for 180 days, unless of course she beats the DUI charge, which is now made harder to prove without the more sophisticated breathalyzer results.  And the fact she refused to take it cannot be used in court as evidence.

Although police also found a marijuana pipe and a small amount of the drug in the vehicle, so that will provide evidence to back up the DUI charge.  

Yeah, great system we have here in Massachusetts.  

Earlier in the week two other young ladies -- both UMass students -- were also taken off the road, handcuffed, and escorted back to APD headquarters under arrest.

Sunday, January 20 at 6:10 PM police stopped 22-year-old Lauren Derouin, 196 Triangle St, Amherst, and arrested her after she failed a Field Sobriety Test.  She did, however,  refuse to take the breathalyzer. 

Wednesday, January 23 at 1:09 AM police stopped 21-year-old Emily Rookwood, 3 Madison Rd, Marblehead, MA, for speeding (estimated 45 in a 30 MPH zone).  She failed the Field Sobriety Test and was transported back to the station, where she refused to take the breathalyzer test.

Sashiburi, Mr. President

The Kennedy Room, Hotel Boston Plaza Kusatsu 

After an entertaining, comfortable, two hour ride on the bullet train from Tokyo to Kyoto we took another 20 minute ride on a  crowded commuter train to Kusatsu and then walked about 100 yards to the Boston Plaza Hotel.  It was an old world hotel modeled on -- you guessed it -- elegant Boston hotels.

 Commuter Train, Kyoto Station

Apparently the owner is big on Boston, and at one point wanted the entire block around his hotel modeled on a Boston street scape; but even he was not rich enough to pull that off.  And I suppose if you're a big fan of Boston it makes sense to also be captivated by the Kennedy mystique.

The Kennedy Room had wall-to-wall framed photos of our former President (although none of them aboard PT 109 or the Dallas motorcade) and Mrs Kennedy looking like the fashionable First Lady she was.

And just to show how elegant the rooms were: heated toilet seats. 
Toto Washlet