Monday, June 17, 2013

Executive Session: Do Not Disturb

 11:05 AM, Town Manager's office: 4 of 5 Amherst SB members attended

Perhaps the reason the state calls it "Executive Session" is because it mimics a private boardroom meeting between a CEO and a corporation's Board of Directors.  In other words, by invite only.

Although in the case of a public body like the Amherst Select Board, they still have to convene in open session (hence allowing miscreants like me to take a photo) before retreating into private conversation.   Or in this case, evicting the general public. 

The meeting was posted to start at 11:00 AM and finish by 11:59 AM (somebody must have been worried about lunch).  Actual start time was 11:06, as SB member Alisa Brewer was her usual few minutes late.  And I'm told by SB Chair Stephanie O'Keeffe the meeting adjourned at 12:39 PM.

The reason for the secret meeting was a discussion of Cowls Cushman properties (154 acres) that are currently under a Purchase& Sale agreement with Landmark Properties for $6.5 million. 

The town can either invoke the "right of first refusal" and match any legitimate offer on the table for the property, or can simply take it by eminent domain via a simple majority vote of the Select Board. 

Although the draconian use of eminent domain also requires Town Meeting authorization for monetary backing. 

The town would then be liable to pay W.D.Cowls, Inc the "highest and best use" for the property, which obviously is not that of its current condition, a tree farm.


15 comments:

Anonymous said...

The meeting was posted to start at 11:00 AM and finish by 11:59 AM (somebody must have been worried about lunch).

Or maybe someone has a 12 noon appointment. Some of these people's days are packed, you know, Larry.

Larry Kelley said...

All the more reason for a good wholesome lunch.

Black Sheep Deli is just around the corner.

Anonymous said...

Touche.

Anonymous said...

Eminent Domain wasn't so draconian when you floated it for Gateway. Just say'in.

Larry Kelley said...

It is when you have an unwilling seller in this case; and you are doing it to kill a much needed development.

The ARA figured most of the folks in the Gateway Project area would have been willing (for the right price of course) to sell.

Although I still think the town or ARA should take Phillips Street tomorrow and flatten it.

Anonymous said...

So, in other words, the appropriateness of taking by Eminent Domain is in the eyes of the beholder.

Larry Kelley said...

Or, as they say about Porn: I know it when I see it.

Anonymous said...

So you know porn when you see it but you don't know bullying when you see it?

Anonymous said...

Why does "porn" deserve capital letter "P" status on your blog, Larry?

Anonymous said...

There's a difference between an honest card game and showing the other players your hand.

Anonymous said...

This is not news. When the mayor of Northampton has a meeting, or the mayor of Springfield, they don't include the press. That's what press conferences are for.

Anonymous said...

The MGL pertaining to Open Meeting Laws require that it be a posted,public meeting if a majority of the Select Board will attend. Executive session is permitted for discussion of personnel issues and sensitive financial issues which, if made public, might be a detriment to the Town.

Larry Kelley said...

The Select Board only has two options with the Cushman property: either invoke "right of first refusal," or take it by eminent domain.

Neither of those two options involve negotiations.

Anonymous said...

There's plenty to negotiate, Larry, and you know it very well.

What's your special interest here? What do you have riding on this financially?

For those who'd didn't notice:

Larry's two top advertisers are the attorney for the owner of the subject property and the real-estate business run by the same family. Enough said?

Larry Kelley said...

Yeah, and since you're so sagacious maybe you noticed today's post tweaks my original and longest running advertiser.