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FORGET AREA 51; ARTICLE 97 IS ABOUT TO HIT RUFFER, McGRATH, McGEE AND THE REST OF THE PUMP-TRACK PiMPS

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BY DAN VALENTI

PLANET VALENTI NEWS AND COMMENTARY

(FORTRESS OF SOLITUDE, THE WEEKEND EDITION AUG. 27-9, 2021) — The Great “Debate” over the ruination of Springside Park in favor of a tiny minority of thrill-crazed bike tricksters (aka The Great “Done Deal”) is about to take an unexpected turn.

Come on down, Article 97.

What is Article 97?

Allow THE PLANET to share the fruits of a dogged investigation.

McGregor and Legere, a Boston-based law firm specializing in environmental law and litigation, got us hip to Article 97.

———- ooo ———-

Adopted by the voters in November 1972, Article 97 of Amendments to the Massachusetts Constitution requires special, high-level consideration of any proposed disposition of or change in use of parklands. Specifically, Article 97 requires a two-thirds roll call vote of each house of the state legislature in order to dispose of or change the use of certain state, county or local public lands taken or acquired for natural resources purposes, broadly defined. Amendment Article 97 created Article 49 of the constitution itself.

We have been familiar with Article 97 since it was formulated for presentation and adoption by the voters. Since then we have advised and represented public and private clients about it. They value our experience and track record.

Article 97 is more famous as containing a Right to a Clean Environment in Massachusetts. This amounts to an authorization for the state and local governments to utilize their traditional Police Powers (public health, safety, welfare and morals) to protect and promote the environment in general. The so-called “super-majority” vote requirement is a very significant protection of parklands and open space in particular.

In effect, anyone seeking to alter the use of or grant, sell, or lease public land originally taken or acquired for natural resource purposes likely would need a bill drafted and passed by the legislature and signed by the governor. Article 97 essentially codifies the public trust doctrine in Massachusetts.

An Opinion of the Attorney General on June 6, 1973, answered questions on the meaning and implementation of Article 97, reinforcing its broad applicability. 45 Op. Att’y Gen. 139 (1973). There have been several important AGO and court opinions since.

The bottom line is that many municipal transactions amount to dispositions of public natural resource lands (and easements and interests in real estate). In addition, many municipal actions amount to changes in use about such protected properties. Both need a piece of Article 97 legislation. Several such bills are filed each year, mostly not controversial, enabling land swaps with state forests or state parks, limited commercial or private activities in municipal parks and forests, transactions with local businesses and local landowners to lease town properties, legalization of encroachments, or releases of conservation restrictions.

An earlier common law doctrine is still in effect, the prior use doctrine. This requires a majority vote of the legislature on a bill filed to authorize any changes of use of public land to inconsistent uses.

In 1998, the EOEEA promulgated its Article 97 Land Disposition Policy. The purpose is to “ensure no net loss of Article 97 lands under the ownership and control of the Commonwealth and its political subdivisions.” EOEEA Article 97 Land Disposition Policy (February 19, 1998). Thereby the EOEEA will not support an Article 97 land disposition unless the sponsoring agency determines that “exceptional circumstances exist” for the disposal and certain conditions must be met. The policy provides an extensive internal review process for potential dispositions.

The consequences for municipalities are rather serious in that the Disposition Policy specifies that non-compliance leaves the city or town ineligible for grants offered by the EOEEA or its agencies until the municipality has complied.

In addition to these procedural requisites protecting public lands, specific types of real estate and resources are governed by individual statues. Many public lands within municipalities are managed under these laws. These include:

  • G.L. c. 45, §§ 1-13 (city and town parks);
  • G.L. c. 45, § 3 (parklands);
  • G.L. c. 45, § 14 (playgrounds);
  • G.L. c. 45, § 19 (public domain);
  • G.L. c. 45, § 21 (city and town forests);
  • G.L. c. 45, § 23A-23C (shore reservations):
  • G.L. c. 92, §§ 33-59 (urban parks and recreation lands);
  • G.L. c. 132 (state forests); and
  • G.L. c. 132A, §§ 1-18 (state parks).

A near perfect protection for public land comes in the form of a “deed in trust.” This is the name for an instrument, which is usually a gift, drafted and recorded so as to impress a charitable trust requiring that the property be used forever for a specified stated purpose. This type of deed (to government on conditions in perpetuity) inpresses a kind of trust that the government cannot lightly undo.

In addition, there is a statutory basis for ten taxpayers to commence an action with leave of court (or the attorney general) to enforce the terms of conveyance or gift to a municipality, county, or state agency. G.L. c.214, §3(10). This public charitable trust statutory enforcement has been used effectively against many cities and towns.

We have been working for all manner of clients since the 1970s on the many ways that Article 97 and public trust obligations come up in business and residential transactions, policy and strategy considerations, and of course court cases where these restrictions are litigated, interpreted and enforced.

“OPEN THE WINDOW, AUNT MILLIE.”

LOVE TO ALL.

(c) 2021 By PLANET VALENTI & EUROPOLIS MANAGEMENT. The views and opinions expressed in the comment section or in the text other than those of PLANET VALENTI are not necessarily endorsed by the operators of this website. PLANET VALENTI assumes no responsibility for such views and opinions, and it reserves the right to remove or edit any comment, including but not limited to those that violate the website’s Rules of Conduct and its editorial policies. PLANET VALENTI shall not be held responsible for the consequences that may result from any posted comment or outside opinion or commentary as provided in Section 230 of the Communications Decency Act and this website’s terms of service. All users of this website — including readers, commentators, contributors, or anyone else making use of its information — hereby agree to these conditions by virtue of this notice. When PLANET VALENTI ends with the words “The Usual Disclaimer,” that phrase shall be understood to refer to the full text of this disclaimer.

 

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Jonathan A. Melle
Jonathan A. Melle
23 days ago

Mayor Linda Tyer is sitting on tens of millions of dollars in stimulus and slush funds – also known as “Kapan$ki Ka$h”. Does anyone believe that the proverbial Kapanski family is anything but a proverbial doormat to the incestuous group of ruling elites in Pittsfield politics? Mayor Linda Tyer recently told the Eagle that it is not in her record setting municipal budget to have cops patrol North Street and the Ring of Poverty that encircles the inner city. That is NOT even rational! Mayor Linda Tyer has been raising municipal taxes, fees, public debts and other liabilities by record high levels for over 5.5 years now, and she is sitting on huge stacks of tens of millions of dollars in COLD CASH. Pittsfield politics has always been totally predictable with high municipal taxes and record setting budgets that always increase by 5% per fiscal year, while Mary Jane and Joe Kapanski either complies with the city’s ruling elites legal right to steal from them or face RETRIBUTION, such as losing their jobs for exercising free speech. Mayor Linda Tyer blocks my email letters that criticize her failed leadership in Pittsfield, Massachusetts. She only wants to hear from people who praise her out-of-touch management style by telling her Pittsfield is a vibrant and dynamic fairy tale that none of the Pittsfield politicians even buy into themselves. Linda & Barry live in a millionaires-only gated community far away from inner city Pittsfield. Jimmy Ruberto lives in Naples, Florida and also has a condo in upscale Lenox. It has been and always will be snake oil sales pitches, propaganda, and a mockery of democracy in Pittsfield politics!

Ron Kitterman
Ron Kitterman
22 days ago

this

Be That As It May
Be That As It May
Reply to  Ron Kitterman
22 days ago

I agree.

Ron Kitterman
Ron Kitterman
22 days ago

This is good news for we the people. Not so much for the badges, we don’t need no stinking badges crowd on Allen Street that shreds the U.S. and Mass constitution at every turn. Great find Dan.

Bleak House
Bleak House
Reply to  Ron Kitterman
22 days ago

Don’t be so sure. Parks are used for recreation all the time. How is an MTB track not a recreational use?

Bleak House
Bleak House
Reply to  danvalenti
22 days ago

What evidence do you have that processes weren’t followed properly?

Gene Nadeau
Gene Nadeau
Reply to  Bleak House
20 days ago

Since you believe its been a fair process, here is a fact to the contrary. Because some opponents had already made their positions known on the pump track project being located in Springside Park they would not be allowed to speak on the subject at the June PC meeting per an agenda request I submitted. Because I and Mr. Garivaltis had not spoken on the subject before, the commission would consider input from us. But requested to keep our comments to no more than 3 minutes each.
 
Full text of the email from R. Manship dated June 10, 2021…

Park Commission Chairman DeMartino has reviewed the letter submitted by you requesting the opportunity for multiple individuals, including yourself, to speak at the June 15 meeting regarding the proposed pump track project at Springside Park. While there have been previous opportunities for the named individuals to speak on this proposal, the chairman has asked that we convey that the Commission will consider input from you (Gene Nadeau) and Mr. Garivaltis, and the agenda will note this. It is respectfully requested that you and Mr. Garivaltis keep your comments to no more than 3 minutes each. Please note that the meeting will be held in person on Tuesday, June 15th at the Berkshire Athenaeum Auditorium (1 Wendell Ave.), and will begin at 6:30 p.m. The meeting agenda is attached.

Bleak House
Bleak House
Reply to  Gene Nadeau
20 days ago

How is that unfair?

Gene Nadeau
Gene Nadeau
Reply to  Bleak House
19 days ago

How many minutes does Alison McGee, Will Conroy and for that matter Jim McGrath get to present and promote the project? Ever hear of equal time?

Bleak House
Bleak House
Reply to  Gene Nadeau
19 days ago

You and Garivaltis presented a petition opposing the track, did you not?

Yes, you did.

So, the Parks Commission disagrees with you.

Deal with it.

Bleak House
Bleak House
Reply to  danvalenti
18 days ago

Because the Commission has stated it supports the project. This isn’t some sort of backroom deal, Dan.

You were wrong about when the commission held its first meeting about this project, wrong that there were these “secret meetings,” and wrong that opponents have been unable to express their views.

There is no evidence of payoffs, bribes, or whatever wink and nod innuendos you’ve recklessly tossed out regarding this project.

Your secret squadron is rather impotent, it seems.

Bleak House
Bleak House
Reply to  danvalenti
18 days ago

And even Freud acknowledged that sometimes a cigar is just a cigar.

Joshua
Joshua
Reply to  Gene Nadeau
19 days ago

3 minutes is the standard City of Pittsfied comment period. How is allowing you to comment as individuals for 3 minutes a piece unfair? Its the same amount of time any citizen gets for any other comment to any other proposal.

Gene Nadeau
Gene Nadeau
Reply to  Joshua
19 days ago

This wasn’t a comment.period at the beginning of a meeting. It was to speak on an agenda item at a public meeting.

Joshua
Joshua
Reply to  Gene Nadeau
18 days ago

Again, the City of Pittsfield has a 3 minute time limit for comments, before or after a particular item. This is mentioned at every meeting before comment in the beginning and per an item, should there be commenters. At the Conservation Commission meeting on the 26th, they mentioned that 3 minute time limit three times.

As to the proposer or board members getting to comment longer, you know that is normal in most situations and certainly most municipalities across the USA, right? Proposers are allowed to take time to describe their proposal. Public officials are allowed to ask the proposer questions and/or make comments regarding the proposal. Its not a conspiracy, its the proposer and/or board members’ purgative and is built into to public board process.

It is important to note that the City had special meeting on this very topic which anyone could have given comment at. That is somewhat unusual. That would seem to be a win for your viewpoint.

What you are asking for (1:1 time at every meeting) is special treatment outside the existing legal framework of the City of Pittsfield.

Shirleyknuts
Shirleyknuts
22 days ago

Let’s hope this can work but if the GOB is behind it then you know our legislators are behind the bike rape. Curious if the Lions got permission for their handicap playground or if the softball complex got permission. Very interesting and great to know. Also wondering how this effects the houseless who are camping there with the city’s ok. This is a great item brought forth and hopefully the hate rag will investigate, ha ha hee hee Ho Ho!!

Bleak House
Bleak House
Reply to  Shirleyknuts
22 days ago

Why are you calling a plan to have mountain biking in a public park “bike rape”? Why are you so angry?

Bleak House
Bleak House
Reply to  danvalenti
22 days ago

How? The plan for the MTB park has been in the press for months.

J2S
J2S
Reply to  Bleak House
22 days ago

I think what might not be in the press and the talk amongst themselves would be interesting as to, what, when, where and how.

J2S
J2S
Reply to  Bleak House
22 days ago

This kind of press from a local media source?
Headline:

Chipotle Plans Takeover of Pittsfield Taco Bell Location.
While a good thing, In the ho hum section of the article listed as other news, the press buried a hot topic that should be the lead. Press plays ball.

In other news, the commission decided that the Springside Park pump track proposal’s location is not within a wetland resource or buffer zone. They made a negative determination in response to a request for determination of applicability (RDA) associated with two areas of land within the property located at Springside Park.
 
The proposal, which includes a pump track and bike skills park for public use, has sparked debate between opposers and supporters. Those in opposition attended Thursday’s meeting to share their sentiments, citing concerns of negative environmental effects from the
track.

Recount
Recount
Reply to  J2S
22 days ago

Voted for Chic-fil-et

Bleak House
Bleak House
Reply to  J2S
22 days ago

So? That’s the process. Why are you so upset about people biking in a public park? Kids are already using trails in Springside.

Why do you care about people using the park for recreation?

After The Fact
After The Fact
Reply to  Bleak House
22 days ago

That ain’t no press

Bleak House
Bleak House
Reply to  After The Fact
22 days ago

There have been numerous stories in the Eagle and on iBerkshires for months.

We live in a Republic. Notice of these meetings is published. Did you attend any meetings and air your concerns?

No. You just whine uselessly on the internet.

Bleak House
Bleak House
Reply to  danvalenti
21 days ago

It is simply untrue that opponents did not have a fair opportunity to present their views.

Bleak House
Bleak House
Reply to  danvalenti
21 days ago

I rely on facts. Bluster from internet cranks like Mad Trapper is irrelevant. And, let’s be candid. The likelihood that posters here who are vehemently opposed to this project most likely haven’t set foot in Springside park on a regular basis in years.

Hated Taxpayer
Hated Taxpayer
Reply to  Bleak House
19 days ago

The only crank and criminal here is you

Kermit Frog
Kermit Frog
Reply to  Bleak House
19 days ago

The press? Calling The Berkshire Eagle press is laughable. Like it or not Planet Valetti is the only ‘press’ in Pittsfield.

Oh, that's why
Oh, that's why
Reply to  Bleak House
22 days ago

The f—–g asphalt

Bleak House
Bleak House
Reply to  Oh, that's why
22 days ago

People want to ride bikes in a public park and you’re angry about that why?

Kermit Frog
Kermit Frog
Reply to  Bleak House
19 days ago

It os affront to decency as they are giving public land to a private developer under cover of darkness and with many questionable on the wonk agreements. This land is not Linda Tyer’s to give away – as Dan mentioned there are rules.
Play coy and dumb some more and then call your self a waaaambulence.

Bleak House
Bleak House
Reply to  Kermit Frog
19 days ago

Stop with the conspiratorial nonsense. Tyler is not giving away land to anyone.

Bleak House
Bleak House
Reply to  danvalenti
19 days ago

Typo.

the 5th Dentist
the 5th Dentist
22 days ago

Great news and great work by both you Dan and the Best Friends of the park, Now it begs the question of a process at City Hall and beyond.
I wonder if we could get an accounting of all resources spent to date on this project. A project that appears to not have followed proper channels. I understand its exciting when someone comes up with an idea for something but you would expect that it is put into a pipeline of sorts.
What process does not contain an executive and legal review to determine the regulatory requirements to both safe guard and protect against any liabilities as well as outline or roadmap the project? Doing this would allow a budget to be established and milestones marked defined and measured for progress. It would also keep everything in a nice format for history to review should it be needed.

I would have thought that the deed and grant would have been searched read and understood before anything happened.

Forensic Audit for all expenses and time for this project are in order.
During a pandemic with our local eateries taking a pounding the houseless crisis etc and time was wasted on an pump track to nowhere

Joshua Can we get your understanding on the ole 97?

Does anyone of the friends have a copy of the deed and historical archives for the granting they could post?

the 5th Dentist
the 5th Dentist
Reply to  danvalenti
22 days ago

Dan,
You may find this link interesting as it is from the Planet. If I recall you and some people gathered at a park after a Citizen and a dog were seriously injured by someone close to the suits.
So the City is fully aware of the park requirements and laws when a group would like to use them for the day. Who was the City Clerk at that time responsible for issuing permits?? The name escapes me at the minute but it could come to me.

https://planetvalenti.com/2012/04/toby-ii-dog-walk-a-grand-success-despite-the-city-failing-to-properly-prepare-the-park-event-exposes-political-nature-of-pittsfields-preposterous-permitting-process/

Bleak House
Bleak House
Reply to  the 5th Dentist
22 days ago

There is no change of use planned for the park, nor are there any covenants or restrictions that would somehow bar construction of an MTB track in the park.

Article 97 is a non starter.

Bleak House
Bleak House
Reply to  danvalenti
22 days ago

Pro se? You’re engaging in armchair lawyering by cutting and pasting material from a lawfirm’s website and then pretending that you’ve somehow cracked the case.

It’s amateurish and lazy, among other things.

levitan
levitan
Reply to  danvalenti
20 days ago

Never lost a case!

Bleak House
Bleak House
Reply to  Sean Sullivan
21 days ago

This is absurd. I am not this Matt person. Dan has asked you repeatedly to cut the nonsense.

What is wrong with you?

Hated Taxpayer
Hated Taxpayer
Reply to  Bleak House
21 days ago

This explains a lot of your behavior and posts. At least it’s out now.

Bleak House
Bleak House
Reply to  Hated Taxpayer
21 days ago

Wtf? My posts are accurate and not festooned with lies scraped out of the bottom of some RWNJ barrel of crazy.

What’s out now? What are you talking about?

Hated Taxpayer
Hated Taxpayer
Reply to  Bleak House
21 days ago

You are protesting way too much. We all know now. Just stop

Bleak House
Bleak House
Reply to  Hated Taxpayer
21 days ago

And “Sean Sullivan” morphs into “Hated Taxpayer.”

I’m going to be blunt. I am not Matthew McDonough. You posted a link to an eight year old article about some lawyer who got busted for stealing from his law firm. You are obsessed with Matt McDonough and I think you are mentally ill.

This is a discussion about construction of mountain biking trials in a public park and you’re treating it as if it’s come sort of doxxing convention.

Your posts are weird and sick and I’m not going to respond to them any longer. GFY and seek help.

Hated Taxpayer
Hated Taxpayer
Reply to  Bleak House
21 days ago

Whatever you say. Nobody believes you. Nobody

Markus Aurelius
Markus Aurelius
Reply to  Bleak House
20 days ago

Of course your not……we believe you Matt, err, I mean Tommy.

Hated Taxpayer
Hated Taxpayer
Reply to  Markus Aurelius
20 days ago

He will slink away again and reappear as someone new in 2 months. Same old story

the 5th Dentist
the 5th Dentist
Reply to  Bleak House
22 days ago

Just Curious do you have a legal opinion on that? or what is it that drives you to the conclusion it is a nonstarter? Do you have a link to or copy of the Deed and the granting? I would like to read it and hopefully will find the time to draw it out of the public archives. Do we have a legal opinion from the City saying at the start of all this that they have reviewed the proposal the land grant etc. and the most cost effective and efficient methodology of advancing this project is 1. 2. 3. 4. ? if so can we view it and where? Even if I cede your point and this is a non starter there must be some accounting methodology that is used to account for time and expenses can we see them?

Questions nothing more. Lets say I can spit out nearly every minute and expenditure of every project I am involved in. I would hope with Taxpayers monies the City can

Bleak House
Bleak House
Reply to  the 5th Dentist
22 days ago

There is a website that provides the public access to real estate documents. It’s masslandrecords.com. If you want to know what your neighbor paid for his house, if he has tax liens, attachments, judgments, etc., it’s all there. As are deeds and any restrictions.

It seems to me that people are acting emotionally, not factually. And, the fact is that there are no covenants or restrictions in any deed or grant of Spingside Park that would prevent a mountain biking trail or track being constructed there. All this talk about Article 97 or some nonprofit scam is much ado about nothing. It is uninformed and hysterical nonsense lodged by gadflies who do nothing more than complain for the sake of complaining.

Here’s the deal: if the Concom signs off of the MTB plan, then it will be built, assuming the fundraising comes through.

All this caterwauling about Kapanskis is nothing more than a fart in the wind.

the 5th Dentist
the 5th Dentist
Reply to  Bleak House
21 days ago

Bleak House,

I am well aware of the masslandrecords.com site but thank you As I mentioned but I guess didn’t spell out clearly was I am looking for public records from the time(s) so we can all operate on fact and not emotion. I have to guess that when the land was originally deeded to the City there was some sort of ceremony that was memorialized into the public record. I would guess ( I’m not certain as I was not around at the time) that the Council had to take a vote and accept the land. A document may have been written outlining intended uses some may have been specific. some more vague once again I wasn’t there and it was a few days before PCTV however I think it fair to read the documents, speeches etc to try and get an understanding of the intent and purpose of the donation. Then we can measure or judge if a Bike track, a ski jump or a pickleball court fits the donors intentions. That’s all its really not emotional I see it as the community is responsible to be good stewards of the resources within our sphere of influence.

No emotion

Bleak House
Bleak House
Reply to  the 5th Dentist
21 days ago

So, why exactly do you care if an mountain biking organization installs a track in a public park with that track being paid for with private donations?

Is this really the hill you want to die on?

Pittsfield needs as much investment as it can get.

the 5th Dentist
the 5th Dentist
Reply to  Bleak House
20 days ago

Bleak House, I care if a mountain bike track, a ski jump, or any other item is installed for many reasons. From Community definition/ character, Protection of deeded grants and wishes of the donors. ( Bossidy bucks and GE cash come to mind) Do you think all those funds were spent or as then stated “invested” wisely? The softball complex in the end who will be stuck with those expenses? The bike park will be measured a success based upon what? attendance? Capacity? or some other nebulous criteria dreamed up to suit the moment? What will the impacts be?
Chief amongst the concerns has to be the manner in which this unfolded and is being executed. You point to people on the blog being Johnnie come lately’s. that essentially proves the point of the lack of proper process.
I will contend that the people on this blog are pretty involved in community affairs and are versed as to the happenings in the community if as you say is correct and everyone on the blog is uniformed misinformed etc. does that not beg the question of how did the City, its officials and the advocates for the track do such a poor job of determining the need, developing consensus and marketing the proposal? we are currently seeking input into how or if the lake should be developed IAW the Master plan in 5 years if a water ski or jet ski “skills development track” is planned are we simply to say oh well Mr. X states its best for the Community so be it said so be it done?

Pittsfield needs investment but it needs to be wise and targeted investment desperation rarely produces the best product long term.
The investment the City and County really needs is in Citizen involvement and engagement. along with the ability for factions to talk civilly, openly and honestly on the merits and drawbacks of a proposal then to either take and support the bite of the apple or to politely say no thanks.

Your willingness to die on this hill is?

Bleak House
Bleak House
Reply to  the 5th Dentist
20 days ago

It is incumbent upon the citizenry to inform itself. There has been ample notice of meetings regarding the mountain bike proposal. Disagree with it all you wish, but don’t pretend that this some sort of rubber stamp by the City.

Bleak House
Bleak House
Reply to  danvalenti
20 days ago

How is my second sentence erroneous?

Bleak House
Bleak House
Reply to  danvalenti
19 days ago

If they’re secret, how do you know about them? Are there Open Meeting Law violations? No. The MTB proposal has been an agenda item on every single Parks Commission meeting notice every month in 2021.

Treating a mountain biking project like it’s Watergate is ridiculous.

Bleak House
Bleak House
Reply to  danvalenti
19 days ago

I’m sorry, but your line on this is factually wrong. The Park Commission is not obligated to provide some sort of exegesis on the MTB track in its meeting notices. And, Nadeau and other opponents not only knew of the meetings, but attended and voiced their objections.

What authorities to you cite that somehow require a more detailed notice then what the Commission provided? You don’t have any because they don’t exist.

If voters don’t like the decision of the Parks Commission, then they can vote them out.

Bleak House
Bleak House
Reply to  danvalenti
19 days ago

The December 5th meeting you mention was at Springside Park. Stands to reason that it’s about the park, yes?

All Park Commission meeting notices in 2021 expressly mention the MTB proposal in the agenda.

And, there is no prohibition on a City official having a phone call or one on one meeting with a developer. No notice need be given of such a meeting.

Where’s the beef, Dan?

Bleak House
Bleak House
Reply to  danvalenti
19 days ago

You write:

”The first notice of a meeting was in December (the 5th).”

That is inaccurate.

The Parks Commission denoted the Springside Pumptrack proposal as “New Business” for its meeting of November 17, 2020. Here’s the link:

https://www.cityofpittsfield.org/calendar_app/calendar_event_detail.html?eventId=5953&date=11/17/2020&show=no

iBerkshires published a story about that meeting on November 20, 2020.

And, an email or a phone call from a developer or proponent of a project does not constitute a “meeting” under the Open Meeting Law, let alone a “secret meeting.”

the 5th Dentist
the 5th Dentist
Reply to  Bleak House
20 days ago

Bleak House,
I have waited patiently all weekend to see some demonstrable evidence that the conditions of the attached memo(s) are /were satisfied. Any of the proponents of this project please put them forth so we can weigh them against the Commonwealth published memo(s).

Microsoft Word – Article 97 Disposition policy.doc (mass.gov)

Recent Case Law on Article 97 Limits State and Municipal Authority to Develop Property | Murtha Cullina – JDSupra

Just questions not emotion. I am not certain how the rehab at the Springside house was funded since it is in part of the park it would be interesting to see if any Fed or state dollars were used.

A few weeks back I asked a number of questions about open space amongst others is this or has this acreage been used in a count of open space for the purpose of meeting any grant requirements? If so how is that reconciled in the development?

Bleak House
Bleak House
Reply to  the 5th Dentist
20 days ago

Article 97 does not apply here because there is no change in ownership of the park, nor is there a change in use.

It’s really simple to understand.

Mr. Fritz
Mr. Fritz
Reply to  Bleak House
21 days ago

Sounds to me like Bleak has skin in the game, due to his arrogance over people on this blog questioning the project’s appropriateness, scope & legality.

Bleak House
Bleak House
Reply to  Mr. Fritz
21 days ago

I’ve no issue with people who object to the installation of a track, but to argue that such a use is legally disallowed is simply untrue.

People haven’t even read the documents at issue. They are arguing based on nothing than presumptions and this silly “the GOBs are it again.” It’s stupid.

Shirleyknuts
Shirleyknuts
Reply to  Bleak House
20 days ago

You sound very emotional and have not supplied any facts to support your supposition. If the bike crowd were really interested in being good, neighbors, citizens and stewards they would meet with all at an appropriate time when all could attend…and make it in person not video. Also they should explore the other options and hear what proponents for theses sites have to say…and be open minded. I would say also don’t count your chickens before they hatch because I see legal action will be taken if this does go through city channels as it currently is

Bleak House
Bleak House
Reply to  Shirleyknuts
20 days ago

Any nitwit can file a lawsuit. The facts are that there are no covenants or restrictions in the gift of land to the City that disallow the construction of a mountain biking track or course in the park. Arguments over whether a pump track is paved or unsaved are fine, but are mere incidental details.

As for process, people were invited to the park to talk with the MTB proponents, free to attend properly noticed meetings, etc.

What exactly are you alleging was not done?

Shirleyknuts
Shirleyknuts
Reply to  Bleak House
20 days ago

I only got wind of it while reading this blog. Never saw it mentioned in the press like this new lake project or our “needed sewer upgrade” that was continually discussed. Why do you try to talk like you are superior towards people questioning something that is going in their park? Only a guilty conscious would write the way you do. Anything having to do with this bike thing was behind closed doors and silently. You would think if a major donor was doing something legal and great Pittsfield would have had a parade for years toting how virtuous and awesome this new shiny toy is going to be for the city…. I have yet to see my city councilors and people running for city council talk about it.

Bleak House
Bleak House
Reply to  Shirleyknuts
20 days ago

The term is “guilty conscience.” And, there is no conspiracy to construct a MTB track in Springside Park. It is laughable to suggest such a thing.

Hated Taxpayer
Hated Taxpayer
Reply to  Bleak House
19 days ago

You really do not have a clue

Joshua
Joshua
Reply to  Shirleyknuts
19 days ago

“I only got wind of it while reading this blog.” That might be an issue. There have been numerous mistakes/incorrect statements about his proposal within the commentary on this site.

This project has been in the press from day one. Its been highlighted in the Berkshires Eagle and iBerkshires since last November 2020. The first Planet Valenti article was in May 2021. You can go on the Pittsfield.tv site and watch any of the meetings from October 2020 forward to see all the discussion on the project. Nothing has taken place “behind closed doors”.

Hated Taxpayer
Hated Taxpayer
Reply to  Bleak House
20 days ago

You can’t file one anymore

Hated Taxpayer
Hated Taxpayer
Reply to  Shirleyknuts
20 days ago

Very well said

Mad Trapper
Mad Trapper
Reply to  the 5th Dentist
22 days ago

Massachusetts version of Freedom of Information request.

Get all the communications with ALL the players involved (emails/texts), meetings/minutes/recordings…..

And…..

“In addition, there is a statutory basis for ten taxpayers to commence an action with leave of court (or the attorney general) to enforce the terms of conveyance or gift to a municipality, county, or state agency. G.L. c.214, §3(10). This public charitable trust statutory enforcement has been used effectively against many cities and towns.”

10 citizens step up to bat!

Last edited 22 days ago by Mad Trapper
Joshua
Joshua
Reply to  the 5th Dentist
19 days ago

My family was in this weekend, so I didn’t check my Google Alerts till last night and there was a LOT of reading.

I’m not a lawyer, nor claim to have any knowledge of the specifics of these rules. I can comment on the prima facie view of the laws noted and what relevant sources within MA state documents about these laws. I’ll site all the sources with links.

Article 97: The state provides a great primer on Article 97 that is a good read. As you will note in paragraph 2, it applies to, “a) any transfer or conveyance of ownership or
other interests; b) any change in physical or legal control; and c) any change in use”, of lands contained as Article 97 lands. As a park, Springside is listed via the MA state GIS map as a Article 97 land. Is there any transfer (a), change in legal control (b) or change in use (c) from a parkland at the proposed site? Will there be a transfer (a) of property to any entity other than the City of Pittsfield? Per the statements of the City of Pittsfield, reiterated at the August 17th Parks Commission meeting, no. It is city owned land and will remain that way. Will there be a change (b) in legal control? Again, per the City of Pittsfield, no. An MOU is not change in control. This has been explained before ad nauseam, a MOU is type of services contract. Services contracts are what the City of Pittsfield holds with many public and private entities, both within and outside of the parks department. A street sweeping contract doesn’t mean ACME Street Sweepers own the streets. The MOUs with the Little League to use the ballfields at Springside doesn’t mean the Little League owns the ballfields. A maintenance MOU with NEMBA doesn’t mean they would own the skills area. (And again, NEMBA has other MOUs with multiple dozens of land managers across the New England area/Massachusetts and they do not control or own any of these other sites, so why would that be different here?) Nor does the fact NEMBA is paying for the construction give them the ability to own it. As was pointed out in the said August 17th meeting, other types of existing infrastructure at Springside were financed through non-city entities in that exact same manner. In fact, in paragraph 2, that document states, “A revocable permit or license is not considered a disposition as long as no interest in real property is transferred to the permittee or licensee”. Is there a change in use (c)? Again, no. Currently the area is an active use field/sports complex and should this proposal continue forward, the area would be an active use sports complex. The change in use article 97 is referring to is from parkland to commercial or residential, not one type of recreational sports area to another. (In fact the “proof” some have posted actually is a proposed conversion from park to a school building.)

Which brings us to Title 7, Chapter 45, referred to as Chapter 45 from here on out. It defines the processes of legal framework for parks. There is a lot there. Note that Section 5 gives a parks commission the ability to, “…improve public parks, make rules for their use and government… and do all acts needful for the proper execution of their powers and duties.” This would give parks commissions broad powers to decide what is appropriate for a park. In fact, Section 14 is clear that they (parks departments/commissions), “…may lease the same, or may use suitable land or buildings already owned by it, for the purposes of a public playground or recreation centre, and may conduct and promote recreation, play, sport and physical education, for which admission may be charged, on such land and in such buildings, and may construct buildings on land owned or leased by it and may provide equipment for said purposes.” This would allow a parks department to determine how to use a property and (though not applying here to the skills area) even lease land to other entities. The fact is, reading through Chapter 45 you see that Parks Commissions, as organs of a state (i.e. city), have broad powers that would allow them to make choices on how to best use lands in their per vie. If you disagree with their use of those powers, well, that is what elections are for.

What is strange about the opponents arguments is that they seem to conflate what they think a thing should be to what it actually is. Then they take that conflated idea and run with it and yell “conspiracy” when corrected. Look at the discussion of Article 97 above. Yeah, there is some searching and research to be done, but its pretty clear from even a cursory glance of the state’s documentation on Article 97 that its about taking dedicated lands and moving them over to an entirely different purpose, not changing similar (athletic fields) purposes within the lands. Same with Chapter 45, because, contrary to opponents statements, it gives broad authority, not constraining authority.

Look, is there some snake-oil salesperson lawyer out there that might argue that if you squint real hard, Article 97 could be applied in some manner? Probably. The problem they would have, however, is the history of Springside Park, as wonderfully explained in the Springside Master Plan (2016), is not one without impacts. In its history, Springside Park has had everything from petting zoos to 9 hole golf courses (pg. 8-11). Some of these uses lasted onward past the passing of Article 97 and some were added after Article 97 was in force. So why (for instance) when the 6 acre ballfield complex was added in 2002, why wouldn’t have Article 97 applied then, if it applies now? Anyone can do a side-by-side comparison of historical aerials and see the change in Springside through the years.

I get that a certain group of people have issues with bicyclists or the idea of bike skills parks. But if you are going to be opposed to something, don’t make up “reasons”. Its a waste of all our time.

Bleak House
Bleak House
Reply to  danvalenti
18 days ago

How do you know what “most citizens” want? Your “secret squadron” isn’t exactly a large sample size, Dan.

Fizzlehead
Fizzlehead
22 days ago

Tricia Farley is probably sitting on the govenors lap as we speak pleading if her friend Mrs Tyer could pretty please tear up one little park for kids with bicycles. And probably a handful of other country clubbers with clout backing her up
The people will need to counteract the special interests with letters and phone calls to gov himself.

Mad Trapper
Mad Trapper
Reply to  Fizzlehead
22 days ago

She’s first in line at the new Dunkin Doughnuts next to Walmart….

Did You vote for her?

Goodbye Krol World
Goodbye Krol World
Reply to  Fizzlehead
22 days ago

I’m not a Baker fan but I wouldn’t wish that on him.

Mad Trapper
Mad Trapper
Reply to  Goodbye Krol World
22 days ago

Fugly!

mad Trapper
mad Trapper
Reply to  Goodbye Krol World
22 days ago

Gov Charlie deserves MUCH worse than a T-blilvot buffet……….
i

Fizzlehead
Fizzlehead
22 days ago

Does anyone know the name of the person in charge of the Pittsfield Community Covid Dashboard? And is he or she still actively updating it when convenient?

Simon Ives
Simon Ives
Reply to  Fizzlehead
22 days ago

Dr. Vinny Boom Bahts

Mr. Fritz
Mr. Fritz
Reply to  Fizzlehead
22 days ago

I thought I told you to hide in your basement.
We’ll let you know when it’s safe to come out.

Fizzlehead
Fizzlehead
Reply to  Mr. Fritz
21 days ago

One of the hardest parts of his job, Dr. Patel said, is having to tell family members that their unvaccinated loved one had succumbed to the virus. “It’s just such a senseless and preventable way of ultimately dying,” he said.

Shirleyknuts
Shirleyknuts
Reply to  Fizzlehead
21 days ago

So telling people’s families that their loved one died even though vaccinated isn’t hard? Who is this doctor, Kevorkian?

levitan
levitan
Reply to  Shirleyknuts
20 days ago

Fizzle – would you wonder how I felt when I had to authorize pulling the plug on a family member? I’m not a doctor, and the attending doctor graciously and gently dictated the terms to me. This is ten years ago, and I remember like yesterday his words to the effect that there was recovery possible. I wasn’t sure it was time, and the future – that is, all 20 minutes of it – was an eternity,

I have no respect for a doctor who dances on a patient’s grave. Covid is a deadly concern for many, and it is a family member who had to make the final decision and live with it.

Last edited 20 days ago by levitan
mad Trapper
mad Trapper
Reply to  Fizzlehead
21 days ago

99% of people with NO JAB recover with no lasting effects of Covid, then have better immunity than with the JAB

Over 60% that get the JAB experience blot clots in their capillaries. The clots in heart, lung, brain, and spinal column effects are permanent.

Bleak House
Bleak House
Reply to  mad Trapper
21 days ago

What is your source for these obvious lies?

Mad Trapper
Mad Trapper
Reply to  Bleak House
21 days ago

Science

Mad Trapper
Mad Trapper
Reply to  Bleak House
20 days ago

Published Science Azzwipe.

Can you read and understand? Maybe not……

Hated Taxpayer
Hated Taxpayer
Reply to  Mad Trapper
20 days ago

No he can’t

Hated Taxpayer
Hated Taxpayer
Reply to  Hated Taxpayer
20 days ago

But since you know who he is you know why

Bleak House
Bleak House
Reply to  Mad Trapper
20 days ago

Your name calling is as pathetic as your mendacious posts.

Hated Taxpayer
Hated Taxpayer
Reply to  Bleak House
20 days ago

Cry us a river

levitan
levitan
Reply to  Fizzlehead
20 days ago

‘Words of comfort” The only medication only administered by ear. Dr. Patel needs to read Cutting For Stone.

Tony Blair
Tony Blair
22 days ago

Seriously – what is your hang up on springside park? Get over it already.

Mad Trapper
Mad Trapper
Reply to  danvalenti
22 days ago

He’d enjoy a spanking, sit in the corner for a week.

Iss Ue Is / issue ain't
Iss Ue Is / issue ain't
Reply to  Tony Blair
22 days ago

Keep it moving.

Shirleyknuts
Shirleyknuts
Reply to  Tony Blair
21 days ago

Exactly why don’t the bike people move it elsewhere? There are better options in Pittsfield which we would love for them to choose. Undisturbed land for over a century in the middle of what use to be a city should stay untouched. Let the underprivileged children be able to leave their houses and enjoy nature!! I feel that is more important than dirt,logs and tar!

Mad Trapper
Mad Trapper
22 days ago

“For the fist time, in USA history, we have NO President”

“Just weak a frail figurehead, NOT ElECTED, but installed by a criminally corrupt government, judicial and legislative branches of crime”

Last edited 22 days ago by Mad Trapper
Pat
Pat
Reply to  Mad Trapper
22 days ago

Biden is a disaster. Lots of suburban women who were so fragile when it came to Trump’s tweets voted for Biden whose military mistakes have resulted in the deaths of over 200 people, the handing over to the terrorists of billions of dollars of military equipment that could do some serious damage, horrible treatment of women by the Taliban and ISIS, giving the Taliban the list of names of allies and Americans in Afghanistan who are trapped in that country, and the threat hanging over all of our heads of terror attacks.

mad Trapper
mad Trapper
Reply to  Pat
22 days ago

Lying Biden and ALL D-Rats own it
l

Last edited 22 days ago by mad Trapper
Pat
Pat
Reply to  mad Trapper
22 days ago

Biden should have had the military in charge of Kabul Airport, but instead had the State Department in charge. Another serious blunder since the State Department is so incompetent. The military would have kept tighter control over that airport because that’s what they are trained to do.

mad Trapper
mad Trapper
Reply to  Pat
22 days ago

State Dept, all “genders”, is more concerned with getting thier kiester greased weekky, than America.

Pat
Pat
Reply to  mad Trapper
21 days ago

I worry about suicide bombers getting into this country from the large influx of refugees coming in who may not be able to be vetted. I see these elderly Afghan women covered in blood after the bombing and I know we need to help them. It’s heartbreaking, but Pelosi and friends would like nothing better than to use any terror attacks in this country as another reason to take away our freedoms.

pjmh
pjmh
Reply to  Pat
21 days ago

I worry about the white guys that continue to shoot up America. Facts.

Mr. Fritz
Mr. Fritz
Reply to  pjmh
21 days ago

Really, pjmh?
Then you haven’t been paying attention.
Where’s the outrage over one of Pelosi’s protectors shooting an unarmed Trump supporter?
This so-called policeman belongs behind bars!

https://www.thegatewaypundit.com/2021/08/capitol-hill-officer-murdered-ashli-babbitt-tells-lester-holt-just-job-ridiculously-claims-saved-countless-lives-unarmed-victim-video/

pjmh
pjmh
Reply to  Mr. Fritz
21 days ago

Mr. Fitz, does your link point to the young lady that tragically lost her life on 1/06 by a member of the USCP after she joined a group of people that gathered on the grounds of the capital – then forced their way into the building (which was closed to the public) while the Joint Session was meeting to certify the results of the Electoral College vote was ongoing?

If that’s the link, then yes, sadly, I am well aware.

Shirleyknuts
Shirleyknuts
Reply to  pjmh
20 days ago

Seems eerily similar to 2018 during a Supreme Court hearing…how many were killed that day? Or arrested and detained? Please give me some facts on that day because I can’t seem to find any documents on this egregious riot…better yet insurrection!

Mad Trapper
Mad Trapper
Reply to  pjmh
20 days ago

And You condone murder, if the spin is right.

pjmh
pjmh
Reply to  Mad Trapper
20 days ago

Absolutely not and no spin.

Markus Aurelius
Markus Aurelius
Reply to  pjmh
20 days ago

Instead of worry about that, you should use your mind for something with actual substance. You know, like black on black violence.

I know it doesn’t fit the narrative, but young black men are killing each other in record numbers.

pjmh
pjmh
Reply to  Markus Aurelius
20 days ago

the b-v-b narrative, that sounds about white…

Markus Aurelius
Markus Aurelius
Reply to  pjmh
20 days ago

When you have been destroyed by facts, just go with the ole DemocRAT mantra, race.

Being white has nada to do w/black on black violence, you dipsh!t..

Mr. Fritz
Mr. Fritz
Reply to  mad Trapper
21 days ago

O’Biden’s new slogan: Make Taliban Great Again.

mad Trapper
mad Trapper
22 days ago

New gender “pronouns” for LBGTQ in Afghani land: was/were

mad Trapper
mad Trapper
22 days ago

Got the jab?

Do You want another?

https://dailyallegiant.com/exposed-w…aign=8-26%20pm

Fizzlehead
Fizzlehead
Reply to  mad Trapper
21 days ago

One of the hardest parts of his job, Dr. Patel said, is having to tell family members that their unvaccinated loved one had succumbed to the virus. “It’s just such a senseless and preventable way of ultimately dying,” he said.

Pat
Pat
Reply to  Fizzlehead
21 days ago

I just had another elderly fully vaccinated relative die from the virus. They can still catch the virus and die.

Fizzlehead
Fizzlehead
Reply to  Pat
21 days ago

2500 more people have died in the last two days in the USA. There is a shortage of embalming fluid

the 5th Dentist
the 5th Dentist
Reply to  Fizzlehead
21 days ago

Fizzlehead, Please cite the source for this claim of a shortage. I would like to see if in fact it is true, and then understand the causation. I don’t believe it is due to the number of deaths. It could be like everything else due to a lack of workforce, problems obtaining raw materials etc. Please cite your source so we can read and understand your statement past a DNC talking point

Thanks in advance

Fizzlehead
Fizzlehead
Reply to  the 5th Dentist
21 days ago

It is not true. It is simply an alternative fact that I made up. It can be true if you want to believe it though. Much like so much other stuff that teems and abounds around us every day.
So I am the source of the alternative fact that there is a shortage. But if you wear a mask and get your vaccine you will not need any embalming fluid. Having said that, you can make your own in your basement using rock salt, baking soda, and 40W non detergent motor oil with a dash of white vinegar. This is the non generic patent expired recipe and you cannot be sued for copyright violations. I usually bring a 5 gallon can with me to the funeral home every time I drag a body in and they will knock about fifty bucks off the bill.

the 5th Dentist
the 5th Dentist
Reply to  Fizzlehead
20 days ago

Fizzlehead,

Just so I am clear this is the third subject that you have just outright lie about and make stuff up in some sort of thinking that it will advance the blog, your position or your status? While there is no obligation to tell the truth as this is an opinion place making stuff up to support your opinion questions your morality your mental status and your intellectual status. as for your credibility well you summed it up yourself.

Hell Toupee
Hell Toupee
Reply to  Fizzlehead
21 days ago

Because you’ve been drinking it

Sharjent Sullaughter
Sharjent Sullaughter
Reply to  Hell Toupee
21 days ago

Or smokin it….just sayin

mad Trapper
mad Trapper
Reply to  Pat
21 days ago

And spread it too. The JAB is BS!

J2S
J2S
Reply to  Pat
21 days ago

Pat,
Sorry to hear of another loss in your family. Be strong!

Mad Trapper
Mad Trapper
Reply to  Fizzlehead
21 days ago

It is spike proteins in the wrong cells causing permament damage from vaccine, not virus.

61% jabbed have blood clots from the jab. Damage is irreversible

i

Hated Taxpayer
Hated Taxpayer
Reply to  Mad Trapper
20 days ago

It’s not a vaccine either. The very definition of vaccine means you don’t get it and can’t spread it.

J2S
J2S
Reply to  Hated Taxpayer
20 days ago

Exactly! That’s the same reason they call it the Flu Shot and not the Flu Vaccine Shot.

Mad Trapper
Mad Trapper
Reply to  Mad Trapper
20 days ago

So some don’t like above?

Yes life long damage from the JAB. 61% jabbed have indications/evidence of blood clots.

Some of those blood clots occur in heart, lung, brain, spinal tissues which do not repair/regenerate .

Hated Taxpayer
Hated Taxpayer
Reply to  Mad Trapper
20 days ago

Agreed!

Jonathan A. Melle
Jonathan A. Melle
22 days ago

August 27, 2021

Hello Berkshire Eagle Editors,

North Street in Pittsfield, Massachusetts is sarcastically called “Social Services Alley”. North Street is home to the Juvenile Courthouse. Juveniles are vandalizing North Street storefronts. The homeless are pooping on North Street. Earlier this year, a man was shot dead in broad daylight on North Street. No wonder why North Street has little foot traffic!

During a brief time every Summer, North Street has live plays and other tourism venues. However, decades of failed, redundant and costly downtown revitalization efforts proved futile. The common residents of Pittsfield cannot afford to drop a couple of hundred of dollars on a night out in downtown Pittsfield. News Flash: Pittsfield is an expensive place to live for local residents. Moreover, North Street is surrounded by a Ring of Poverty in inner city Pittsfield.

I grew up in Pittsfield and lived in the beautiful Berkshires for over the first 28.5 years of my life (I am now 46 years old). While it still breaks my heart to read about Pittsfield’s downward spiral, I know all to well that Pittsfield has severe economic inequality because there are scarce living wage jobs there. The wealthy few Pittsfield residents, including some of the state and local ruling elites in Pittsfield, live in outer Pittsfield, while the working class and underclass mostly live in inner city Pittsfield. Mayor Linda Tyer lives like a SNOB in her millionaires-only gated community near the Hancock border with her multimillion-dollar Accountant husband Barry Clairmont. I hope I explained my take on why North Street is struggling, especially during the global Covid-19 pandemic.

In Truth!

Jonathan A. Melle

J2S
J2S
Reply to  Jonathan A. Melle
21 days ago

Sounds like you got a Dear Jon letter after a 2-3 relationship and you are upset about her cutting you off ?

Mr. Fritz
Mr. Fritz
Reply to  J2S
21 days ago

Yeah it does. She blocked his emails, can’t figure why lol.

Jonathan A. Melle
Jonathan A. Melle
Reply to  Mr. Fritz
21 days ago

I respect Linda Tyer. We never had any kind of relationship; I don’t even know her on a personal level. I have no romantic interest in her. I hope Barry & Linda have a happy life together. My criticisms are political only. I believe Mayor Linda Tyer is WRONG to block my emails. Politicians should hear from people who wish to tell them off, not just their loyal supporters. If I was a politician, I would listen to all political views within reason. Lastly, Linda is a SNOB! She is very disconnected from the majority of people who live in Pittsfield, Massachusetts by living in her wealthy gated community of multimillionaires.

Mydadthehoat
Mydadthehoat
Reply to  Jonathan A. Melle
21 days ago

No one really gives a crap about their happy life? Bottom line they both should get out of politics because they both suck at it.

mad Trapper
mad Trapper
22 days ago

“A Marine Battalion Commander was fired on Friday for taking a blowtorch to the woke military leadership for their failures in Afghanistan that resulted in 13 US servicemen dying.
Lt. Col. Stuart Scheller, a 17-year veteran, risked his career and pension when he posted a scathing rebuke of the senior military leaders who failed US servicemen serving in Afghanistan.
Advertisement – story continues below

Joe Biden’s incompetence and corruption led to the death of 13 US servicemen and 15 more were critically wounded in a blast by a suicide bomber in Kabul on Thursday.”

https://www.thegatewaypundit.com/2021/08/marine-battalion-commander-fired-blasting-senior-military-leaders-failures-afghanistan-resulted-13-us-servicemen-dying-video/

Mr. Fritz
Mr. Fritz
Reply to  mad Trapper
21 days ago

Stuart speaks the truth.
Our country has been sold out to the enemy by our own president.
Court-martial Biden!

Markus Aurelius
Markus Aurelius
Reply to  Mr. Fritz
21 days ago

Include Obama too. Barry has his fingerprints all over all of this. His foreign policy was weak and ISIS knew it.

Unfortunately, I believe this is just the start of it. It’s going to get much worse. Look what’s behind Xiden? Kamala? Yikes…..

mad Trapper
mad Trapper
21 days ago

The fruits and nuts running Mexifornia , have granted the assassin of Bobby Kennedy parole

J2S
J2S
Reply to  mad Trapper
21 days ago

Wondering if our local DA is applauding this?

Knows exactly L
Knows exactly L
Reply to  mad Trapper
21 days ago

Was that Bobby Kennedy’s mantle in the background behind Bidens last speech? Anywho, Sirhan was applauded by some of the Kennedy clan as being a model prisoner? He’s been in prison for over fifty YEARS,took him that long to be a model prisoner? Wonder why they didn’t let Charlie out before he died? Maybe one last Carona on a beach for a day.

Thomas Betit
Thomas Betit
21 days ago

Just a bump in the road, anyone doubt Buffet, missing link Mark or chrome dome Hinds wont push this through? Governor Faker will rubber stamp as it already will have enough votes to override veto.
Try to remember that at the polls in 2022 and beyond. you get the representation you vote for.

Mad Trapper
Mad Trapper
Reply to  Thomas Betit
21 days ago

After 11/3-4/2020 your vote don’t matter anymore.

And Pelousey and her D-rats are trying to make it worse, if that is possible

mad Trapper
mad Trapper
21 days ago

Nawazuddin Haqqani, one of the brigade commanders of the Al Isha unit, bragged in an interview that his unit is using U.S.-made hand-held scanners to tap into a massive U.S.-built biometric database. This sophisticated technology can identify any person who helped the NATO allies or worked with Indian or American intelligence.

The database, which includes fingerprints, iris scans and other biographical data, was housed in a whitewashed building at the Ministry of Interior in Kabul.

https://www.newsmax.com/newsfront/mi…r=010504y2gg67

Mad Trapper
Mad Trapper
21 days ago

Third try, Dan’s robot censor don’t like this one……

https://www.thegatewaypundit.com/2021/08/insanity-robert-f-kennedy-assassin-sirhan-sirhan-granted-parole-california/

INSANITY: Robert F. Kennedy Assassin Sirhan Sirhan Granted Parole In California

Giocometti
Giocometti
Reply to  Mad Trapper
21 days ago

Is he related to Duran Duran?

Mad Trapper
Mad Trapper
Reply to  Giocometti
21 days ago

Too young to remember JFK, MLK, and Senator Kennedy getting assassinated?

https://www.youtube.com/watch?v=Pu2EBYyPns0

“Abraham, Martin And John”

Anybody here seen my old friend Abraham?
Can you tell me where he’s gone?
He freed lotta people but it seems the good they die young
You know I just looked around and he’s gone

Anybody here seen my old friend John?
Can you tell me where he’s gone?
He freed lotta people but it seems the good they die young
I just looked around and he’s gone

Anybody here seen my old friend Martin?
Can you tell me where he’s gone?
He freed lotta people but it seems the good they die young
I just looked around and he’s gone

Didn’t you love the things that they stood for?
Didn’t they try to find some good for you and me?
And we’ll be free
Some day soon, it’s gonna be one day

Anybody here seen my old friend Bobby?
Can you tell me where he’s gone?
I thought I saw him walkin’ up over the hill
With Abraham, Martin, and John

Last edited 21 days ago by Mad Trapper
Markus Aurelius
Markus Aurelius
Reply to  Anonymous
21 days ago

What a joke. Have you ever noticed Wrong Way always throws these broad statements out there, “correcting flawed convictions,” but never offers any proof this even occurred in Berkshire County?

If I were a police chief in Berkshire County, I’d tell her to go sh*t in her hat. She wants to locate a boogey man, she’s got a state police unit. I’d tell her to use them and search through 10 years of reports.

I’d then ask her to show me how prosecuting shoplifting is a “racist crime.” I was always taught theft is theft. And don’t give me the “it’s a hungry family stealing a loaf of bread,” argument either Wrong Way. Most of those caught shoplifting are supporting their drug habit. Not “feeding their family.”

Anonymous
Anonymous
Reply to  Markus Aurelius
20 days ago

The “broad statements” are DIRECTLY related to complaints of due process violations. The ones the previous DA resigned in the wake of, for misconduct.

The plea bargain data collection- DA didn’t conjure this all by herself- there’s complaints.

This is why DA claims –

*DA stays in contact with victims.
its a lie.

*Brady keeps popping up in the news – for a reason – there’s complaints.

*there ARE NO SERVICES FOR VICTIMS.
Back packs might be good for homeless people but not so much for people who already have deodorant and toothpaste. (Most everyone has these items $.99)

DA fiscal partnership w/ MOVA expired July 2021 – anyone know why ?

DA’s office swindles the victims & tortures them for years on end. $160k grants for backpacks doesn’t cut it.

The attorneys trade sex for lesser charge – that’s a Berkshire Plea Bargain- three inmates who all got trafficked by their public defender all incarcerated at once – pretty much exposed DA’s sex trafficking plea bargain scandal-

Julie T.
Julie C.
Brandy H.

All sexed with their attorney before being held at BCHC.

If your berkshire bar criminal defense attorney f* you during your prosecution-file a complaint with the BBO – that way there they can destroy your future too.

Mr. Fritz
Mr. Fritz
21 days ago
Mad Trapper
Mad Trapper
21 days ago

Biden’s blunders…….

– FYI I took this list from another website. –

What the Taliban scored in the past 2 weeks….

-2,000 Armored Vehicles Including Humvees and MRAP’s

-75,989 Total Vehicles: FMTV, M35, Ford Rangers, Ford F350, Ford Vans, Toyota Pickups, Armored Security Vehicles etc

-45 UH-60 Blachhawk Helicopters

-50 MD530G Scout Attack Choppers

-ScanEagle Military Drones

-30 Military Version Cessnas

-4 C-130’s

-29 Brazilian made A-29 Super Tocano Ground Attack Aircraft

208+ Aircraft Total

-At least 600,000+ Small arms M16, M249 SAWs, M24 Sniper Systems, 50 Calibers, 1,394 M203 Grenade Launchers, M134 Mini Gun, 20mm Gatling Guns and Ammunition

-61,000 M203 Rounds

-20,040 Grenades

-Howitzers

-Mortars +1,000’s of Rounds

-162,000 pieces of Encrypted Military Comunications Gear

-16,000+ Night Vision Goggles

-Newest Technology Night Vision Scopes

-Thermal Scopes and Thermal Mono Goggles

-10,000 2.75 inch Air to Ground Rockets

-Recconaissance Equipment (ISR)

-Laser Aiming Units

-Explosives Ordnance C-4, Semtex, Detonators, Shaped Charges, Thermite, Incendiaries, AP/API/APIT

-2,520 Bombs

-Administration Encrypted Cell Phones and Laptops all operational

-Pallets with Millions of Dollars in US Currency

-Millions of Rounds of Ammunition including but not limited to 20,150,600 rounds of 7.62mm, 9,000,000 rounds of 50.caliber

-Large Stockpile of Plate Carriers and Body Armor

-US Military HIIDE, for Handheld Interagency Identity Detection Equipment Biometrics

-Lots of Heavy Equipment Including Bull Dozers, Backhoes, Dump Trucks, Excavators

Also.. 13 military lives.

Oh.. not to mention treason, by giving the taliban a hitlist…

That would just be the reasons this couple of weeks.

Markus Aurelius
Markus Aurelius
Reply to  Mad Trapper
21 days ago

It’s only hard working, American, tax dollars gone to waste. And who knows, maybe even used to kill Americans? Thanks Xiden!!

Xiden, Kamala, Barry Soetoro, don’t care. Their base are the likes of Jonathan Melle. Americans who could and should be working, but choose to sit and collect government assistance. They didn’t pay for any of these weapons, so why should they care? And JM, you could work a cash register or stock shelves. Your posts, maybe rambling, but shows you have cognitive ability to perform tasks. You could work, so spare the Army disability speech.

Jonathan A. Melle
Jonathan A. Melle
Reply to  Markus Aurelius
21 days ago

For years of my adult life, I tried to work, but I faced so many unfair obstacles. When I was in my early-20s (1996) to mid-20s (2000), my dad was a Pittsfield area politician who, along with myself, was conspiratorially politically persecuted by a four foot tall Pittsfield State Senator I am not allowed to name on the Planet Valenti blog. I chose to exercise my free speech, and defend my good name, and all I received in return was retribution for a decade (1996 – 2005) and beyond of my life. If I didn’t receive VA disability benefits, I would be at risk of homelessness and a financial burden on my family; my parents are now in their mid-70s now in 2021. I don’t ever want to go back on square one and live my life in a state of mental illness like I did many years ago. I want peace of mind for me and my elderly parents. Lastly, I must ask, “What the Hell do you want me – Jon Melle – to do about it all?” I did not choose to come from Pittsfield!!!!

Sharjent Sullaughter
Sharjent Sullaughter
Reply to  Jonathan A. Melle
21 days ago

Remember what you say. Like when Trump told American voters,why would you vote for Biden,a Senator that hasn’t done anything in fifty years in office?

Markus Aurelius
Markus Aurelius
Reply to  Sharjent Sullaughter
20 days ago

But Trump’s mean tweets and his pre presidential playboy ways, offended Jonathan.

Sharjent Sullaughter
Sharjent Sullaughter
Reply to  Jonathan A. Melle
21 days ago

Runway Joe,or Runaway Joe. So it is said and shall be written. As opposed to Broadway Joe of football fame.

Mr. Fritz
Mr. Fritz
Reply to  Jonathan A. Melle
20 days ago

Victim mentality.

J2S
J2S
Reply to  Jonathan A. Melle
20 days ago

I wasn’t going to ever post this, but, since you keep saying your disabled, My child has TBI from an accident many years ago while working part time to earn money and keep busy as all of our children were required to do in high school.My child works currently in a minor capacity , but works. Stop the, you tried and obstacle stuff.

Sharjent Sullaughter
Sharjent Sullaughter
Reply to  Markus Aurelius
21 days ago

He could be a mailman?

Jonathan A. Melle
Jonathan A. Melle
Reply to  Sharjent Sullaughter
21 days ago

so could you be a mailman

Agent 86
Agent 86
Reply to  Sharjent Sullaughter
21 days ago

Like Cliff or Newman?

Mass Deliverer
Mass Deliverer
Reply to  Agent 86
21 days ago

Maybe the mailman to the stars,a Valenti favorite of years past.

Herb Pease
Herb Pease
Reply to  danvalenti
21 days ago

What about George Morell?

Fizzlehead
Fizzlehead
20 days ago

Texas Anti-Mask ‘Freedom Defender’ Caleb Wallace Dies Of COVID-19
At least he got his freedom. And hopefully his surviving wife and three daughters learned something. And 200 other macho Texans got freedom that same day. Gotta love freedom.

Fizzlehead
Fizzlehead
20 days ago

Has anyone heard anything about Harrys supermarket changing hands?

Hated Taxpayer
Hated Taxpayer
Reply to  Mr. Fritz
20 days ago

Not to mention who she has slept with

Mad Trapper
Mad Trapper
Reply to  Hated Taxpayer
20 days ago

Use protection, she beds any and all….

J2S
J2S
Reply to  Mr. Fritz
20 days ago

Harris with the giggles and Hillary with the cackling is annoying and makes them more unbearable than they already are.

Auto Phil
Auto Phil
20 days ago

I’d like to preface this comment with expressing my general fondness and respect for this blog.

But, I agree with some previous posters – WHAT IS THE DEAL with this pump track obsession?

Are there bodies buried in that particular swath of real estate or what?

It is a park, intended to be enjoyed by all. By nature lovers, by kids and families, by cyclists and hikers and dog-walkers. It is an outdoor space to be enjoyed by all and it is not exclusively owned by nature enthusiasts. It’s a gift to ALL.

The creation of a dedicated mountain biking track enhances its use. Recreational mountain biking is a positive hobby. It introduces the park to generations of people who have never set foot in there before.

Most importantly, there are a million more acres available for nature preservation in the park. This is not a rape of the park. It isn’t destroying an entire ecological system or paving paradise with concrete.

I don’t get the opposition either. Pittsfield needs more projects like this. It needs more hobbies and sports and creative uses for outdoor space and activities for youth.

Mad Trapper
Mad Trapper
Reply to  Auto Phil
20 days ago

Mountain bikes were designed to be used where street bikes could not go, not wherever the riders wanted to go.

We got bums on every median traffic route, they were not designed for bums, but it’s a nice place to ply their wares, anyplace they want to go

Last edited 20 days ago by Mad Trapper
Hated Taxpayer
Hated Taxpayer
Reply to  Mad Trapper
20 days ago

Are you as sick of the lazy pan Handlers at intersections as I am

Mad Trapper
Mad Trapper
Reply to  Hated Taxpayer
20 days ago

Yes!

Joetaxpayer
Joetaxpayer
Reply to  Hated Taxpayer
20 days ago

The City has to address the hobos at the intersections. In Holyoke they put up signs at the intersections asking people only to give to sanctioned charities. In Salt Lake they put in donation boxes that would go to shelters and food banks. Fools who give them money are only hurting them.

Mad Trapper
Mad Trapper
Reply to  Joetaxpayer
20 days ago

Mayor Tyer loves them!

They are vibrant And dymanic!!! Sort of like the toilet plungers lining North St……..

Mad Trapper
Mad Trapper
Reply to  Auto Phil
20 days ago

Bums want to camp out in Your back yard when they get evicted for the bikers, Plilly.

Mind if use bathroom? Or can they just crap in your driveway?

Shirleyknuts
Shirleyknuts
Reply to  Auto Phil
20 days ago

??? Our sentiments exactly, why the obsession with raping Springside when there are better alternatives? As of yet no one has come up with why Springside except to say we looked at other places! I still think there is a better spot in Springside then the one they chose. Why didn’t this group include the friends of Springside that have volunteered their time and effort for decades? BTW not sure what park you were thinking of but there are not a million acres at Springside

Mad Trapper
Mad Trapper
20 days ago

More on IM-POTUS……

https://www.thegatewaypundit.com/2021/08/mother-expectant-father-slain-marine-rylee-mccollum-blames-biden-sons-death-calls-feckless-dementia-ridden-piece-crap/

“My son was one of the marines that died yesterday,” she continued. “20 years and six months old. Getting ready to come home from freaking’ Jordan to be with his wife to watch the birth of his son. And that sackless, dementia ridden piece of crap just sent my son to die. I woke up at 4’o’clock this morning to marines at my door telling me my son was dead.”“So, to have right on before me to have to listen to that piece of crap to talk about diplomatic crap with Taliban terrorists who just freaking blew up my son and no, nothing, to not say anything about … ‘oh my God I’m so sorry for failing,’” said McCollum.
“My son is gone, and I just want all you Democrats who cheated in the election, or who voted for him legitimately, you just killed my son,” she said. “With a dementia ridden piece of crap who doesn’t even know he’s in the White House who still thinks he’s a senator.“

Last edited 20 days ago by Mad Trapper
Hated Taxpayer
Hated Taxpayer
Reply to  Mad Trapper
20 days ago

IM POTUS. Love it. Sad day for America

Mad Trapper
Mad Trapper
20 days ago

More on Biden’s Treasonous Handover of Weaponry, Technology and Airfields to the Taliban Terrorists, Russia and China
https://www.thegatewaypundit.com/2021/08/bidens-treasonous-handover-weaponry-taliban-terrorists-russia-china/

Giving away these weapons, technology and airfields may be the most treasonous act in US history. Never let anyone steal your election.”

Mad Trapper
Mad Trapper
20 days ago

Don’t believe “US” MSM “NEWS”

https://www.aljazeera.com/where/afghanistan/

Mad Trapper
Mad Trapper
20 days ago

The “maid in waiting” will be MUCH WORSE

Mad Trapper
Mad Trapper
Reply to  Mad Trapper
20 days ago

Dan, as You have been 100% with Your SU alum on this one (see recent).
Were You terribly wrong?

Be That As It May
Be That As It May
Reply to  danvalenti
20 days ago

Susan Rice and Anthony Blinken have their stink all over this one.

Hated Taxpayer
Hated Taxpayer
Reply to  Mad Trapper
20 days ago

That’s the problem with getting rid of sleepy Joe. Alternative is much worse not to mention female. Hopefully Trump will be reinstated

Fizzlehead
Fizzlehead
Reply to  Hated Taxpayer
20 days ago

Speaking of Trump. When are they going to start building his presidential library? The PEDA site would be the perfect place as it sits on a toxic waste dump. Mayor Tyer could just donate the land and there could be a wing built to honor her as well. She seems to have molder herself after him. Neither one of them like audits or revealing their tax returns.

Mad Trapper
Mad Trapper
20 days ago

When will SU Joe come out of basement again?

J2S
J2S
Reply to  Mad Trapper
20 days ago

When they let him out because he isn’t going anywhere on his own.

Mad Trapper
Mad Trapper
20 days ago

Hurricane Ida is hitting USA, IM-POTUS Joe is asleep in the basement……..wake him up!

Fizzlehead
Fizzlehead
Reply to  Mad Trapper
20 days ago

It is hitting New Orleans and the whole state of Louisiana. Due to their lack of a decent vaccination effort their hospitals are full of covid patients. So they are hoping nobody gets hurt from any random hurricanes because they will be setting their own bones and sewing up their own scalp lacerations.

Meanwhile in Florida, they can’t find enough refrigerator trucks for all the dummies dying from Covid. Gov. Disantis is banning mask mandates and has invested heavily in Covid drugs. He is literally creating his own dying clientel so he can sell them therapy drugs. He is the devil himself. This is not an alternative fact either. He really is.

Fizzlehead
Fizzlehead
Reply to  Fizzlehead
20 days ago

14 Portable Morgues Heading To Central Florida Hospitals Amid ‘Unprecedented Deaths’

Mr. Fritz
Mr. Fritz
Reply to  Fizzlehead
20 days ago

You’re just a ray of sunshine, aren’t you Fizz?

pjmh
pjmh
Reply to  Mad Trapper
20 days ago

Perhaps he’s looking through his desk trying to find a sharpie to mark up the hurricane path to his liking. Or, maybe he’s huddling up with his daughter and son-in-law while discussing the option of dropping a nuclear bomb into the hurricane to disrupt its path.

I mean, seriously, you can’t make this shite up,

Merry & Bright
Merry & Bright
20 days ago

Off topic. Feel that both the Mayor and Chief Wynn need to communicate to the hard working tax payers of Pittsfield as to if there is a midnight to 8.am. shift on the police force. Something does not seem right that the residents on Dalton Avenue and the streets surrounding should be woken up by the USUAL loud racing motorcyclist that has adopted Dalton Avenue as their own personal racetrack. This morning they started at 2:27 a.m. and proceeded to roar up and down Dalton Avenue until approximately 3:30 a.m.. Is there not one police cruiser available at that time? This bike is so loud that houses shake two streets away. If you call the police station you deal with a totally snarky miserable police officer who sounds like you are bothering them. Of course the doors of the police station are locked, just like the entrance to City Hall. No admittance! Also, read that Rem’s Fried Chicken on Fenn Street which is about 500 feet from the Police Station was robbed at 4:30 a.m. this morning, someone stole their cash register. Where is the police presence in this City during these hours? Is there anyone in charge of this shift that monitors where these police officers are? Are they home sleeping? Are they hiding in a parking lot somewhere? Just does not seem right? Just another department screwed up under the Mayor’s jurisdiction. Car 54 Where Are You?

Markus Aurelius
Markus Aurelius
Reply to  Merry & Bright
20 days ago

They are all sleeping. If you want to see the activity, ask the mayor to have each officer call his beginning and ending mileage at the beginning and end of each shift.

When certain officers have 10 total miles for an 8.5 hour shift, you’ll have your answer.

Horifick Idacane
Horifick Idacane
Reply to  Mr. Fritz
20 days ago

We are an entirely different Country. We have never independent socially or economically. It us against them. We are relying on the Taliban to secure American Soldiers safety? Have we lost it?

Shirleyknuts
Shirleyknuts
20 days ago

Just having my nightcap and chatting with some family when it occurred to me just as the audits are coming out showing all the chicanery that happened this past election Illegitimate and Ho have come up with a far more egregious act so no one will notice