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.

 Click to enlarge/read

 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