A Deafening Quiet

St Brigid's Church, UMass Library, Grad Research Tower

No noise, nuisance, open container, or unlicensed keg tickets issued over the weekend by APD despite Saturday night being about as gorgeous as New England weather allows.  Of course after Friday's graduation ceremony UMass students vacated the area almost as quickly as firefighters responding to a major structure fire.

AFD weekend calls to UMass were down to almost zero compared to 26 over Patriots Day weekend--many of those alcohol related.

And that other more serious problem with alcohol will not go away over the summer, as APD did make three arrests over the weekend for Driving Under the Influence, each one a potential killer.

Alex Marchegiani, 77 Martin Ave, N Andover, Ma, age 23 OUI liquor, 2nd offense
Amy Cheesman, 11 South Valley Rd, Pelham, Ma, age 25, OUI liquor, leaving scene of accident
Brenda Lee Anderson, 11 Gromacki Ave, S. Deerfield, Ma, age 54, OUI liquor, marked lane violation

Better part of Valour

North Amherst, um, Village Center

Yesterday at the grand opening of the "Little White Houses" exhibit at the Dickinson Homestead, town manager John Musante tweeted an obvious reference to the upcoming session of town meeting, Emily Dickinson Poetry Walk: "Hope" is the thing with feathers That perches in the soul.

Yes, and the Light Brigade was full of "hope" as they charged into the Valley of Death.

As currently written Article #25--form based rezoning for North Amherst Village Center--will never survive the gauntlet of a nay saying town meeting tomorrow night, after its less controversial twin, article #24, was already eviscerated last Wednesday by 130 yes-78 naysayers.

Zoning articles require a two-thirds supermajority vote.   Rather than getting cut to pieces over two or more painful hours the article should be watered down even more by a friendly town meeting member, and if that doesn't work "referred back to the Planning Board," a temporary safe haven for sure. 

And either of those motions only requires a simple majority vote.

Besides, back to back defeats of form based zoning will also cast a pall over article #27, a historic district designation for the Emily Dickinson homestead and properties along that historic corridor, also requiring that difficult to achieve two thirds majority vote.

And if town officials really wish to set the stage for future passage of beneficial changes like form based zoning, they need to encourage charter reform, switching to a more professional mayor/council rule to replace antiquated town meeting governance where a minority of village luddites continually stifle progress.

Sometimes you have to destroy the village in order to save it.

Chainsaw Massacre

Bent over Birch Trees October Snowmageddon storm

So yesterday I had the sad task of whacking three out of five birch trees planted by my wife twenty or so years ago. Taylor Davis came over to give an estimate on some landscaping work and shook his head when I asked about the likely hood of the trees straitening back up via the summer sun.

The town did relatively well recovering from the storm, spending $426,000 of which 75% will be reimbursed by the state. That $319,500 will go a long way towards paying off the $612,000 capital item for 2,000 new trees over the next three years.

Shutesbury Library: Neverending NO

Today attorney Alan Seewald and town attorney Donna MacNicol received official notice that Shutesbury pro-library override proponents are appealing the decision last week of Superior Court Judge Mary-Lou Rup who sustained the judgment of the Shutesbury Board of Registrars allowing the challenged no votes of Joan and Richard Paczkowski.

The judge, however, threw out the yes votes of Jacob Holtzberg-Pill and Shoshana Holzberg-Pill (grown children of attorney Michael Pill, initially allowed by the Board of Registrars) bringing the total vote tally to 522 against and 520 in favor of the $1.4 million override for a new library.

The new library total cost is $3.5 million but the Massachusetts Board of Library Commissioners granted the town $2.1 million towards construction costs.  After the second defeat at the ballot box the Library Commissioners voted to extend the deadline until June 30 to give the town time to unite behind a single design plan, but made it perfectly clear there would be no further extensions.

The Price of Transparency?

 UMass Du Bois Library

From: Larry Kelley <amherstac@aol.com>
To: aseifert <aseifert@stuaf.umass.edu>
Cc: michaeldwiseman <michaeldwiseman@stuaf.umass.edu>; jeankim <jeankim@umass.edu>; bwburke <bwburke@umass.edu>; buffone <buffone@admin.umass.edu>; jkennedy <jkennedy@admin.umass.edu>; mleto <mleto@admin.umass.edu>
Sent: Fri, May 11, 2012 7:53 am
Subject: Re: Public Documents Request

Annemarie,
Thank you for your prompt response, as I can imagine you are all very busy at the moment. 

Not to be curmudgeon or anything, but just last month the University did break with "standard practice" by giving me the Bentz, Whaley, Flessner report on the UMass Amherst Alumni Association without charge.  And obviously, since my friends at the Springfield Republican eventually did a front page story on the matter, that too was a matter of public interest.

I am also confused why you worry about the need to withhold "materials or data relating to student education records and personal data."  I asked for sanctions imposed against fraternities and sororities (corporations) not individual students. 

Or are you following the flawed Supreme Court edict that corporations are people?  Really?

Have a great graduation day!

Larry

From: Annemarie Seifert <aseifert@stuaf.umass.edu>
To: Larry Kelley <amherstac@aol.com>
Cc: Michael D Wiseman <michaeldwiseman@stuaf.umass.edu>; Jean Kim <jeankim@umass.edu>; Brian W. Burke <bwburke@umass.edu>; Nancy Buffone <buffone@admin.umass.edu>; John Kennedy <jkennedy@admin.umass.edu>; Michael A. Leto <mleto@admin.umass.edu>
Sent: Thu, May 10, 2012 9:42 pm
Subject: Re: Public Documents Request

Mr. Kelley,

I understand your perspective, but we are unable to waive the cost associated 
with your request. The process I have outlined is our standard practice. Take 
care - Annemarie

Annemarie Seifert, Ph.D.
Associate Vice Chancellor for Student Development

From: Larry Kelley <amherstac@aol.com>
To: aseifert <aseifert@stuaf.umass.edu>
Cc: michaeldwiseman <michaeldwiseman@stuaf.umass.edu>; jeankim <jeankim@umass.edu>; bwburke <bwburke@umass.edu>; buffone <buffone@admin.umass.edu>; jkennedy <jkennedy@admin.umass.edu>; mleto <mleto@admin.umass.edu>
Sent: Thu, May 10, 2012 1:36 pm
Subject: Re: Public Documents Request

I wish to request a waiver of the $368.45 in costs associated with my Massachusetts Public Records Law request.  The data is being gathered for a news article which many--if not most--readers (at least the 1,000 who frequent my hyper-local news site daily) would consider a matter of public interest. 

I am also a homeowner in Amherst and as such contribute (in addition to my wife's annual voluntary contribution to Isenberg School of Management) to the Univeristy's operation costs via state and local taxes, and as an Amherst resident (5th generation) have a vested interest in the town/University partnership on "safe and healthy neighborhoods" an article about which I am gathering this information.

If you are worried about journalistic pedigree or news judgement, I am probably the only person alive who can say they have taken "Journalism Ethics " with Howard Ziff (audited 1983) founder of the UMass Journo program and then again last year (online for credit) with Karen List, current director of the highly regarded UMass/Amherst journalism department.

The death of the Gateway Corridor Project and the impending doom that will befall North Amherst Village Center form based rezoning this coming Monday night is directly attributable to a (mis) perception in town that those worthy projects will create more rowdy student party houses.  Furthermore many in town think UMass is not doing enough to address this problem.  I think my records request would go a long way towards changing that perception.

Do you really wish for my readers to get the impression you have something to hide, and are stonewalling?  I also find it particularly ironic that Ted Koppel--a journalism god--is giving the keynote address at tomorrow's graduation.  What would Mr. Koppel think?

Thanks for your consideration,

Larry K

Form Based Zoning Fails...Again

Roundabout in front of Atkins Country Market

The second attempt to change the zoning in South Amherst to a form based code that would allow denser development once again managed to garner a majority of Amherst Town Meeting support, but article #24 fell short of the two-thirds vote required for passage, 130-78. 

This solid setback all but guarantees a follow up failure for bringing form based zoning to North Amherst under article #25.

Back Story on Front Page Story

Especially Poor Headline

No I'm not bothered that The Republican, finally, followed up on a fascinating story I broke two weeks ago (without citing me) concerning the chaos at UMass Amherst Alumni Association--an expensive bureaucratic fiefdom with a clunky form of governance and inefficient oversight from the mother institution.

I'm bothered they missed the real story.

First off, by saying the report I dragged out of a reluctant UMass via Public Document Law was "kept confidential until recently" almost makes it sound like UMass Amherst simply decided to put their flacks at the Office of News and Media Relations to work and voluntarily released the report.

And since the year old report cites major problems and dissension within the organization, perhaps one or two of those unhappy sources should have been found and given a voice?

Instead we get officials from UMass saying it's all in the past (why they kept it secret for a year, thus putting it in the past) and things are now all better.

My source, who first contacted me two months ago after a paranoid UMass official angrily hung up on him in a phone conversation accusing him of being "Larry Kelley", considers the article a "whitewash".

He is, understandably, disappointed.

So am I.

 #####

From: Larry Kelley
To: "Michael A. Leto"  Nancy Buffone
Subject: Public Documents Request
Michael Leto Vice Chancellor for Development and Alumni Relations
4/3/12


Dear Mr. Leto,


Could I please, under Mass Public Documents Law, get an electronic copy of the Bentz Whaley Flessner study performed over a year ago at a cost of $24,500 related to the performance of the UMass Alumni Association (of which I am now apparently a member due to my wife's long time annual contributions)?


Thank you,


Larry  Kelley


From: Nancy Buffone
Cc: Michael A. Leto
Sent: Fri, Apr 13, 2012 4:18 pm
Subject: Re: Public Documents Request


Larry:


In your April 3, 2012 email, you requested an electronic copy of a Bentz Whaley Flessner study of the Alumni Association.


It appears that in order to respond to your request, I will need to search for and segregate the records for materials or data relating to personnel files, and materials the disclosure of which may constitute an unwarranted invasion of personal privacy.


Also, I may need to segregate materials comprising trade secrets or commercial or financial information. I may withhold these materials under exemptions (c) and (g) to Section 7(26) of the Massachusetts General Laws. In view of the need for the above screening, the Massachusetts Public Records law, M.G.L. Ch. 66, §10 permits the University to estimate and assess the estimated costs of searching for the requested records or segregating exempt information from non-exempt information.


 I estimate that the cost of your request will be as follows: Search and segregation costs: .5 hours at $129 per hour (administrator) = $64.50 .75 at $18 per hour (clerk) = $13.50 Total: $78.00 In the event that actual costs exceed the estimate, I will bill you for the difference.


 If the actual costs are less, I will refund the overpayment. When I receive your check in the amount of $78, I will compile the records responsive to your request.


Sincerely,


Nancy


From: Larry Kelley
To: buffone NancyCc: mleto
Sent: Fri, Apr 13, 2012 8:09 pm
Subject: Re: Public Documents Request


Hey Nancy,


Geeze, you're killing me.


I find it hard to believe that I'm the first person to make this request and as such an already redacted copy should be easily accessible.The Secretary of State frowns on double charging for public documents, or throwing up barriers of an economic kind.


But your word is good with me...I'll get a check out tomorrow.


Larry

To: Larry Kelley
Cc: Michael A. Leto
Sent: Tue, Apr 24, 2012 5:21 pm
Subject: Re: Public Documents Request

Larry -

I wrote to you via email on April 13, in response to your April 3, 2012 public 
records request, indicating a fee for the cost of staff time to search and 
segregate the requested Bentz Whaley Flessner study of the Alumni Association.  
After review, it has been determined that no redactions will be necessary at 
this time.  I will be returning your check to you via US Mail and will email the 
report to you by Thursday, April 26.

What address would you prefer that I use to return your check? 

Sincerely,
Nancy 

Date: Thu, 26 Apr 2012 10:24:21 
To: Nancy Buffone 
Subject: Re: Public Documents Request

Hey Nancy,
Business is gone (but some checks remain).  You can just rip it up (save postage).
Care to comment on the report?  I'm going to release it in full.

Larry 

Larry -

I have shredded the check.

Thanks,
Nancy 

A previous Public Documents Request handled poorly UMASSletoSecStateR