Friday, April 8, 2011

Amherst Solar Farm meets Jerry Springer show!

The only thing missing among the crowd who jammed the town's solar farm public forum Wednesday night was bullhorns, pitchforks and torches. Perhaps a better headline would be: "When NIMBYs attack."

Yes amazingly enough these restless natives who purchases expensive homes next to an old unlined landfill are worried a commercial solar array will ruin their property values. After all, real estate agents promised them the landfill would remain open space for 99 years. And if you can't trust real estate agents who can you trust? Used car salesmen perhaps?

The complaints aired ran the typical gambit: noise, visual pollution, losing open space to walk the dog and go sledding, turning the neighborhood into another "Love Canal" and--my favorite--Russia dealing with Chernobyl compared to the way Amherst town government is now going about the process. Yikes!

Kind of far fetched to claim the solar array will cause damage to the landfill cap when DEP will have to approved it after exhaustive study and the expert the town is partnering with, John DeVillars is a former New England Administrator of the U.S. Environmental Protection Agency

A couple years ago Town Meeting was going to award Guilford Mooring "Mr. Congeniality" for his patient, good natured, humorous way of presenting DPW issues to that legislative body. So for him going Postal, says a lot...

Voter poll on Localocracy (looking like a landslide)

The Daily Collegian reports

Wednesday, April 6, 2011

They HAD a Secret

Larry Shaffer, Stephanie O'Keeffe, Aaron Hayden

I call her Jane Doe

While public documents czar Alan Cote denied my appeal for full disclosure of the 8/30/10 Select Board executive session minutes where town officials huddled in secret for over an hour to discuss the strikingly sudden "retirement" of town manager Laurence Shaffer (the very night the Board was scheduled to publicly discuss his annual "performance evaluation"), the town grudgingly complied with my request for Shaffer's "Employment Settlement and release of claims" agreement and that of his office administrative assistant who also, coincidentally enough, simultaneously disappeared.

So here's the executive summary, but I invite you to click on the hotlinks below to read the documents in full: Shaffer's platinum parachute, after only four years of "service" to the town, a whopping $62,129.

And Jane Doe, serving only three-and-a-half years (earning $43,900 last year) sauntered off with $23,012. In the private sector you would be lucky to get a couple weeks to a month pay as severance (and even then only after a ten year minimum service), or in her case about $3,000 and Shaffer's case maybe $10,000.

“I’ve never heard of anybody, public sector or private sector, getting severance pay when they voluntarily leave employment,” said John Tillman, CEO of the Illinois Policy Institute. Interestingly the legal agreements dubbed Jane Doe a "resignation," Mr. Shaffer a "retirement."

"In a week's time I'll be 62 years old and indeed I have been thinking about retirement," Shaffer told the Select Board back then (with two years still left on his contract). That final spring in Amherst Mr Shaffer retired a few things: divorcing his wife and selling his home on Amity Street.

But merely a month after his October 1 "retirement" he was seeking a city manager job in Michigan. According to the 12/10/10 Birmingham Patch: "Because Shaffer's significant other teaches at Central Michigan University in Mount Pleasant, commissioners asked him about whether he plans to commute. Shaffer assured them that he's fully open to making Birmingham his permanent home if he is offered the position and that he's here to stay."

That "significant other" is former UMass psychology professor Jane Ashby who, five years ago, sat on the original Amherst "citizen search committee" that chose Shaffer over two other highly qualified candidates; she too divorced her spouse in Amherst last spring and headed off to Central Michigan University, a state school that made CBS Money Watch list of "25 Colleges With the Worst Professors."

The whereabouts of Shaffer's former administrative assistant is currently unknown.

Jane Doe's agreement
Click links above and below to read
Larry Shaffer's agreement

official minutes of 80 minute 8 /30 executive session (all two sentences, where one of them was redacted)

Tick, tick, tick: Public Documents bonanza


So I've set my blogger controls to automatically publish at 2:30 this afternoon my most recent investigative article based on a somewhat wide ranging public documents request made the end of February.

The town naturally took well beyond the 10 day response period to comply (after their attorney advised them they had to) and gave me the legal documents concerning 13 former employees.

Some of them were routine retirement settlements; and some of them were far from it.

Tuesday, April 5, 2011

ARA sets dates

At this evening's cordial meeting the Amherst Redevelopment Authority confirmed the upcoming public outreach orchestrated by American Communities Partnership designed to bring in opinions from ALL the stakeholders--not just those with backyards abutting ground zero.

Planning Director Jonathan Tucker declared anyone who shows interest in the Gateway Project is a stakeholder and will eventually be heard. If they can't make the intimate small group (up to ten people) meetings on April 12, 13 and 14, they can send "public comments" via mail or email to the planning department who will then forward to the consultant.

But ARA grande dame Peggy Roberts pointed out, they should be thinking of what would be overtly acceptable not just for now, but for the next fifty years.

While those initial three days of stakeholder interviews are by invite only and are not open, public meetings, the information gleamed will help set the agenda for the three-day charrette at the end of the month: April 28, 29 and 30th.

These meetings are wide open with the first one an all day affair--the design visioning workshop. On day two the consultants and town staff try to synthesize the input from day one and start to draft a vision, and on day three try to sharpen the vision focus.

At a joint meeting of the ARA and Planning Board sometime in mid-June the final draft from the consultants will be unveiled and in the last two weeks of their contract the consultants will be available for any final tweaks.

With the visioning process completed and a "desired outcome" targeted, the next vital phase consists of the action steps required to actually get us there. And in Amherst, the hardest part is overcoming the usual response: "you can't get there from here."

Dark clouds on the Solar Farm horizon?

DEP requires Amherst to regrade undulations at old landfill

Dave Keenan, a long-time thorn in town officials side, although once a town official himself, is baaaaaack.

Now he's lobbing a stink bomb into the middle of Amherst public officials picnic over turning our old abandoned landfill into a cash cow solar array farm that will produce enough renewable energy to supply all municipal needs, saving the town almost $1 million per year in electricity costs, and pay up to a couple hundred thousand dollars annually in property taxes.

Government tax incentives have stimulated these sunny public/private partnerships springing up nationwide like weeds after a summer rain. And it's not as though old landfills are good for much else.

Mr Keenan blew the whistle to his old acquaintances at the Department of Environmental Protection claiming three retired DPW workers told him about 20-30 barrels of hazardous wastes--allegedly lead based paint from UMass-- they were ordered to bury back in the 1980s.

While I cannot corroborate that particular story, I can verify first hand that hazardous materials were indeed tossed into the smelly pit. Yes, I admit it; 50 years ago my dad and I threw old paint, solvents, dirty motor oil, leftover cleaning products, insecticides, fertilizers, outdated medicines, etc. As did most of the citizens of bucolic Amherst.

To say there are hazardous wastes buried in the old landfill is like declaring there's bear dung in the woods of Maine. That's why the town spent a considerable amount to cap the site with an impermeable protective cover: to keep water from mixing with the dangerous contents and forming a hazardous cocktail that could could migrate downstream. Monitoring sites were also installed to test for that scenario and a system to handle methane gas.

But after 20 Years of fermentation the contents down under have settled causing the cap to sag in spots, allowing pools of water to form on the surface. The DEP ordered the town to fill in the depressions and regrade the site to its original aircraft carrier flatness--all without disturbing the cap of course. As you can imagine, that is a tad expensive.

Fortunately the town is in the middle of a road construction boom. The Atkins corner project, with two roundabouts coming soon, has already generated massive amounts of dirt. Only one slight problem: 6,000 tons of it is contaminated with lead arsenate, a common insecticide used on apples orchards between 1892 and the early 1970s when it was banned by the EPA.



The contractor can either spend a fortune hauling the contaminated soil to a special handling facility or bring it to the old landfill to use as fill for DEP required site remediation. Everybody saves a ton of money. The DEP approved the idea, but will require a three foot layer of non-polluted soil to cover the contaminated soil and numerous other safety precautions.

But every cloud does indeed have a silver lining. If a project--like the Bluewave Captital Solar panel farm on the old landfill--is "part of a site remediation or restoration under a Mass/DEP enforcement action/order" it is eligible for "fast track status" when negotiating the local permitting process.

And while the long-term contract with Bluewave will have to be approved by town meeting it will only require a simple majority vote, unlike a zoning change that requires two thirds.

Who says money doesn't fall from the sky? Now it will--whenever the sun is shining.



Christmas '07: After the town took Dave Keenan's humble abode for $50,000 in back taxes he camped out in his former front yard. DEP fines for ten years procrastination cleaning up an oil spill also amounted to $30,000. Mr. Keenan eventually repaid Amherst over $63,000 in back taxes and legal fees.

Business West profiles the Amherst Solar farm

Monday, April 4, 2011

Jones Library has a new trustee

Amherst College professor Austin Sarat won the vote 8-1 in a combined meeting of the Jones Library Trustees and Amherst Select Board and will serve out the remaining one year term left on Kathy Wang's seat, who resigned due to time constraints brought on from her day job--principal at the ever expanding Pioneer Valley Chinese Immersion Charter school in Hadley.

Party house of the weekend: Busted!

51 Pine Grove (stand alone condominium)

These bad boys are vying for "Party House of the Semester"! Four occupants, each arrested on charges of violating three bylaws: Unlawful noise, Nuisance House, Unlawful Possession of a Keg. Normally, had they simply been issued $300 tickets, a stinging $900 each ($3,600 total for the incident).

But, instead of the that lucrative option, the responding officers arrested all four charging each with 3 violations and one, Ted Bates Miller, with the additional charge of "resisting arrest". Which shows that the town crackdown on rowdy students is not about raising money--it is about changing their bad behavior.

According to Police narrative: "Ongoing problem with listed apartment, approximately 20-plus people cleared out, keg confiscated, four residents arrested."

Dashnilov Emeri Yoyo, age 22
Matthew Kubinski, age 21
Mark Chancy, age 27
Ted Bates Miller, age 21

About a month ago I almost gave them "party house of the weekend" award for the noise tickets issued, but they were trumped by a party house of five girls gone wild. This past weekend they tried a little harder; and will now pay the price.

Interestingly the condo at 51 Pine Grove is owned by Jonathan Goldin and according to the assessor it is "owner occupied." Apparently Mr. Goldin was not home the night of the party.