BY DAN VALENTI

PLANET VALENTI NEWS AND COMMENTARY

Part Two 

(FORTRESS OF SOLITUDE, TUESDAY MARCH 7, 2017) — In Part 1 of our probe into Khem Organics‘ bid to open a licensed marijuana facility at 501 Dalton Ave. in Pittsfield, we revealed the network of associations that have led to the application receiving provisional state approval. As THE PLANET presented the details, the political bindings illustrated the common belief that these licenses will only go to the “Connected.”

THE PLANET revealed former state rep. and registrar of deeds Andrea Nuciforo Jr. as a key investor ($450,000) in Khem Organics (KO), with his relatives, the Wojtkowski Brothers, leasing out a storefront at 501 Dalton Ave. Other “family” connections came with the use of 100 North St. as KO’s HQ. That address is in a building where Dan Bianchi, former mayor, long had an office. The building owned by a Bianchi buddy and is one and the same where Bianchi rented 9,000 square feet of space for the city with taxpayers footing the bill. Bianchi, who had served Nuciforo’s aunt as finance director when she was mayor, also signed a key piece of paper without which the KO bid in Pittsfield would not have progressed.

It brings to the musical staff a rendition of Disney World‘s “It’s a Small, Small World.”

BIANCHI’S LETTER

In addition to getting Pittsfield into a superfluous lease of space in a building owned by one of his buddies, Bianchi, as mayor, provided KO with a “Letter of Support.” As part of its requirements for a “siting profile,” the state Department of Health requires applicants to provide such a “letter of support” on official letterhead  from the mayor of the city in which the pot store will go. Nowhere can THE PLANET find a disclosure from Bianchi to the state that he had such a close connection with Nuciforo, one of KO’s key investors.

Consequently, on Dec. 9, 2015, the mayor furnished KO and CEO John E. Mullen IV with the following letter, on “Office of the Mayor” letterhead:

“I, Daniel Bianchi, do hereby provide support to Khem Organics Inc [sic] to operate a Registered Marijuana Dispensary (“RMD”) in Pittsfield, Massachusetts. I have verified with appropriate local offcials that the proposed RMD facility is located in a zoning district that allows such use by right or pursuant to local permitting.”

Bianchi’s role in KO’s application to the state raises a serious question — and a series of questions: Should he have revealed his connection to Nuciforo and the Wojtkowski Brothers? Should he have recused himself from the matter entirely? Does this failure to disclose now change anything in the application process? Would it invalidate the application? Would Bianchi’s letter not be valid? Does the application need a new signature from the new mayor?

THE PLANET doesn’t have the answers, although it’s fun to speculate what Mayor Linda Tyer would do if KO needed her to sign a similar letter.

THE COMMERCIAL LEASE

On May 13, 2016, KO Resources (KOR) entered into a five-year lease (three extension options of five years each) with Wojtkowski Bros. Inc, 1548 W. Housatonic Ave., for land and building at 501 Dalton Ave. To make this space available for the Nuciforo group, the Salvation Army was booted from its long-time space, providing Pittsfield with a bah, humbug! story for the ages. Note that no new taxes will be entering city coffers, since KO is a “non-profit” agency and thus tax exempt.

KOR will pay the Wojtkowskis annual rent of $70,125, with annual increases tied to the Consumer Price Index. Total for the first five years: $350,625 + CPI increases. That fee is based on $5.50 per sq. ft. In each of the five-year options, the annual price rises to $6.50, $7.50, and $8.75 per sq. ft. If KO Organics exercises the options, the Wojtkowski Brothers will make $1,800,937.50 in rent + CPI increases. As you can see, we are not talking trifling amounts.

Here’s the kicker. On the signature page (36) of the 40-page lease, we find signatures of LANDLORD, Wojtkowski Bros. Inc., and TENANT, KO Resources LLC.

Lo and behold! Amazingly, the same man — Albert S. Wojtkowski — has signed for both parties! — as “President” of Wojtkowski Brothers (LANDLORD) and “Manager” of KO Resources (TENANT).

Did Albert fall into a duplicating machine out of DC Comics? Did he sign a lease with himself while singing “Me and My Shadow”?

The answer comes buried on page 40 of 40. There we find a letter of “Assignment” on KO Resources LLC letterhead, from Albert Wojtkowski, KOR “Manager” to John E. Mullen IV, President, Khem Organics Inc. In it, as of June 16, 2016, KOR “assigns its rights and obligations” to Khem. There’s more money moving around there than peas move in a crooked shell game.

There’s nothing illegal about any of this. There is, though, the matter of perception. Is the awarding licenses to sell pot legit, or is the game rigged? The questions concern (a) morality and ethics, (b) fairness when there are such tangled webs of political connection, and (c) the ability of non-“Connected” parties wanting in on a lucrative business opportunity getting a fair shot.

There may not be criminality, but tell THE PLANET why it’s good to have the perception of dishonesty hovering over such a deal like pot smoke?

TOMORROW: Barry Clairmont stars in Part 3

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“I’ve smoked ’em all my life and I ain’t dead yet.” — Willie Nelson, best sung by Phil Harris

“OPEN THE WINDOW, AUNT MILLIE.”

LOVE TO ALL.

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