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.

Vote Early Vote Often

Gazette is lucky to get 1,000 views per story so 10 times that is a tad suspicious

Entertainment oriented Internet polls are probably the reason why election voting is not currently available via the web since those quick polls are so easy to hack they give the process a bad name.

For instance I had no problems voting numerous times on the Gazettenet poll concerning the hot button issue of the new $67 million Mega School by using three different devices, an iPhone, Ipad and Mac laptop.

And after clearing cookies or changing browsers you can do it again, and again, and again.

But I'm sure somebody will use this poll as evidence of overwhelming support for the Mega School on the floor of Town Meeting when the issue is taken up again next month.

Just as defenders of the failed project insist on trumpeting the "will of the voters" by pointing out the razor thin margin of victory (less than 1%) at the November 8th election where a majority of voters did not even support the project.

P.T. Barnum (or the Russians) would be so proud.

If At 1st You Don't Succeed

 DPW Fire Station Advisory Committee

The DPW Fire Station Advisory Committee met yesterday for a lick-your-wounds strategy session after one of two proposals failed on the floor of Fall Town Meeting.

Specifically the $350,000 requested for a more advanced schematic design phase study of a new DPW building, which seemed like a lot of money compared to the $75,000 Town Meeting approved for an initial Fire Station study.

If the Fire Station can now catch up to the DPW by spring then the Committee will recommend two separate warrant articles for the Annual Town Meeting of around $350,000 each for the required schematic design phase, although most members agreed it would be helpful if each project had identified a building site by then.

The plan still seems to be for the Fire Station to locate where the DPW is now but town officials have now given up on Fort River School as a DPW relocation site.

Chair Lynn Griesemer was adamant the very preliminary proposed "ideal" DPW building is simply too expensive especially given it's three times that of the new Fire Station ($37 million vs $12 million).

 Weston & Sampson preliminary cost estimates new DPW

Over the next few months the committee will work with consultants Weston & Sampson to try to bring down the cost which normally does happen once a site is selected.

Another suggestion is for the committee to propose a maximum cap, say $25 million, and ask the consultants what kind of a DPW building can they come up with for that amount.

 Anything of course would be an improvement over what they have today.

DPW is located in 100 year old former Trolley repair barn in a really nice neighborhood

Just Build It!

Former sawmill property currently pays $10,000 annually in taxes

North Square at Mill District will pay over $500,000 annually in property tases

The good folks from Beacon Communities completed an exhausting trifecta this week with professional presentations to the Select Board on Monday, Planning Board on Wednesday and the second of three appearances before the all important ZBA last night.

And as usual the NIMBYs were out in force.

The North Square development is seeking a Comprehensive Permit to allow the 130 unit project to move forward.  Located on a 5 acre former industrial site with relatively flat terrain and good soil conditions the $45 million project would address two BIG problems in our little college town:

Over half our property is owned by tax exempts -- mainly our institutes of higher education -- so those of us on the tax rolls have to shoulder more of the burden.  And of the 50% of us on the tax rolls 90% is residential and only 10% commercial.

Former sawmill will be demolished 

The Beacon Project is mixed use with commercial on the ground floor or 20% of the entire project, which will of course feed off the other 80% that is residential.

Amherst currently has an 11.3% Subsidized Housing Inventory but the ONLY reason it is still above the 10% threshold (avoiding a Ch40B development) is because Beacon purchased Rolling Green Apartments 2.5 years ago and kept all 204 units on the SHI.

The 26 units of subsidized housing would be a significant contribution to that under served demographic since the 42 unit Olympia Oaks went online 18 months ago.

But because of the state and federal money involved the entire 130 housing units -- not just the 26 affordable ones -- will count towards the town's SHI thus guaranteeing protection from a hostile Ch40B for many, many years to come.

Beacon purchased Rolling Green for $30.25 million ($1.25 million of town CPA $) thus keeping it on our Subsidized Housing Inventory

Unfortunately in this town anti-development sentiment is an ingrained religion which does not differentiate between visionary projects like this one proposed by Beacon Communities and quick-buck cookie cutter projects  targeting our #1 demographic,  college aged youth.

 Zoning Board of Appeals last night

The ZBA should send a positive message to responsible developers state wide and wholeheartedly support North Square at Mill District with a unanimous vote on January 5th.

ZBA presenters (front row) and audience last night

Preaching To The Skeptical

Town Meeting cheerleaders rah, rah, rahing

The usual suspects

The Amherst Charter Commission had its largest turnout to date on Monday night for a routine meeting with a packed house of over two-dozen spectators for a presentation by perhaps the most unique subcommittee in Amherst, a town overrun with committees.

I say unique because the "Town Meeting Coordinating Committee Subcommittee on Policies and Procedures" is made up of seven individuals but five of them are NOT members of the Town Meeting Coordination Committee.

Who ever heard of a subcommittee made up of members independent of the main committee?

Even more interesting they had another aficionado present -- John Fox -- to the Charter Commision in their behalf described as an avid follower who is not even an official member of the sub committee.

Only in Amherst I guess.

Naturally all they offer is band aid solutions to improving Town Meeting, kind of like offering a final stage terminal cancer patient a vitamin pill.

A clear majority of Charter Commission members favor something other than the current Town Meeting for a legislative branch of town government, but they are still in the discussion stage; but time is starting to pass quickly.

Even head town meeting cheerleader Gerry Weiss is willing to consider a downsized Town Meeting but still wants it substantially large, probably to include the boatload of NIMBYs present at every session.

When asked by Charter Commissioner Julie Rueschemeyer  "what are the main issues you are trying to address?" TMCC member Chris Riddle responded "We don't have a main issue, we are happy with the way it is now.  We don't see a major problem"

The blind leading the blind.

 Select Board 11/28 discussed just completed 4 session Fall Town Meeting

Interestingly at last week's Select Board meeting during a post mortem analysis of the most recent Town Meeting Chair Alisa Brewer pretty much distanced herself from all things TMCC calling the Warrant Review, Bus Tour, and Precinct meetings they sponsor a waste of staff's time.

Further she said the town should completely disassociate itself from the not-open-to-the-general- public Yahoo Town Meeting listserve privately owned by TMCC member Mary Streeter.  Pulling no punches Ms. Brewer branded it "poisonous".

Ouch!

Fifteen years ago on of the biggest battles fought within that Charter Commission was over abandoning Town Meeting or not.

But they rather quickly (by a 7-2 vote) came to the conclusion Amherst could only be improved by ditching the quaint but antiquated good-old-boys-and-girls network of do gooders, mainly interested in self interest.

Air Raid On Pearl Harbor!

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. 

Try Try Again

Select Board looking dejected on last night of Special Town Meeting

The illustrious Select Board all but announced a Special Town Meeting would be called in the near future to have a second go round at the $67 million Mega School project that could not even muster a majority vote in Town Meeting when a supermajority of two-thirds is the minimum threshold for passage.

At last night's meeting they set aside Wednesday morning December 28 for an additional SB meeting to address the 200 signature petition should one be handed in by then.  Hmm ... anyone want to take bets?

And yes the Town Clerk's office confirmed a petition form to call a Special Town Meeting was recently taken out.

The Select Board can, however, with a simple majority vote,  call such a meeting.   But since all the important articles they unanimously recommended at the recent Town Meeting session -- including the Mega School -- were badly defeated, they should probably rely on someone else taking responsibility for the revote.

Although if they wish to be particularly heavy handed they could call the Special Town Meeting for March 29 a day after the Town Election and a day before the MSBA deadline for getting the two-thirds approval, that way school supporters could run one-issue candidates in the town election to stack the deck in favor of the Mega School.

A Protest A Day

TD Bank main sign is covered over

About the same number of folks showed up today at the somewhat downtown TD Bank on Triangle Street for a protest over the Dakota Access oil pipeline although I did not see a single Sioux tribesperson among them.

Yes the Army Corps recently nixed an easement needed over the property so the battle is somewhat won so I guess this was a victory celebration to some extent.  Unlike the Veterans 'Raise Our Flag' protest/celebration which was cancelled yesterday so as not to seem like gloating.

 Since B2 can't sneak up folks turned their signs to her

Another pro-Hampshire College protest yesterday in town center attracted about the same small number of folks as today (75) but they decided to block traffic in town center -- specifically a legally permitted convoy enroute to Hampshire College.

 Yesterday APD had to move along protesters blocking traffic

 With gentle persuasion from APD sheet is removed

Today's protest was much better behaved, but they did cover over TD Bank's main sign for almost an hour and also tied up four Amherst police officers for nearly a half-hour.

Who Ya Gonna Call?

B2 casts a tiny shadow (bottom center) compared to Lifeflight helicopter

One of the things I lose sleep over at night is concern about low staffing of our Public Safety departments.

For instance very early this morning I was still awake to hear a Northampton ambulance come to Amherst via mutual aid to deal with an overly intoxicated student at Amherst College.

And that's in spite of AFD having four extra on duty staff paid for by UMass.  Because we only have five ambulances and they were all tied up at the time.

But that is in a sense an off seting factor, knowing that when AFD needs assistance to carry out their vital duty fellow EMS professionals from Northampton, Belchertown, South Hadley, etc are there to respond.

And in the case of a major structure fire another half-dozen or more surrounding FDs.

Another gem in the toolbox for Emergency Medical Response is the Lifeflight medivac helicopter operated by UMass Medical Center.  Because like a drone a helicopter can drop in to a small clearing, and then unlike a drone pick up a severely injured patient and safely deliver them to a critical care center in record time.

Note to readers:  I had permission of First Responders at the scene and the pilot of the helicopter to put B2 briefly in the air for a quick photo. Photos below with regular camera and iPhone.

 Look, up in the sky!

Had no concerns about being directly underneath since they are such a pro operation

A little noisier than B2, but a welcome sound for the critically injured

Today they dropped in to Amherst College soccer fields as a training exercise with the College and AFD.  While we do not use them very often they can and do make a life and death difference, which to some extent helps me sleep better at night.

A Little Disruption Now And Then

Anti-Trump protesters block traffic in town center this busy Sunday morning

After about 5 minutes APD "moved them along"

One of the criticisms of the huge gathering of Vets and their supporters at last week's Hampshire College "Raise The Flag" protest was, well, they were scary.

That many people waving American flags is scary to some I guess.

 Last week Hampshire College:  A sea of flags is scary to some

 Aerial photos show NO Confederate or Nazi flags in the crowd

But certainly none of them were accused of breaking any laws and neither APD or AFD had to respond to the scene.

This morning in Amherst town center a crowd of anti-Trump protesters used their God given, err, Founding Father given right to assemble and use their Free Speech on the Town Common which has seen protests like that for over 350 years.

Fair enough.

But then before the rally/demonstration dispersed they blocked traffic on South Pleasant street at a busy time of the morning inconveniencing those average citizens going about their business.

The specific target of their blockade I suppose was to stop a patriotic convoy that left Whately and toured through UMass and were enroute to Hampshire College.

The rally had been planned a few weeks ago and was to coincide with yet another "Raise The Flag" rally which was canceled at the last minute due to a gracious VFW leadership.

An admirable trait these downtown protesters seem to know nothing about.

Note to readers:  At no point was B2 directly over anyone's head except my own

A lone Vet with a flag greeted the caravan at main entrance to Hampshire College

A Sporting Gesture

The Rally heard round the world

The veterans who rallied around the flag at Hampshire College -- both figurative and literally -- have canceled tomorrow's Raise The Flag event, which was originally scheduled as another demonstration to pressure Hampshire College into doing the right thing, but then became sort of a victory celebration after they indeed DID THE RIGHT THING.

 Click to enlarge/read

Probably because they don't want folks to think they are gloating.

So no ticker tape parades through Times Square as we saw over 70 years ago on V-E and V-J Day, but still a major victory to be savored ... until the need arises once again. 

Freedom requires eternal vigilance.

B2 however is dissappointed