Not so Public, Records

So according to today's venerable Daily Hampshire Gazette my Public Documents appeal for the redacted sentence (one of only two sentences covering the entire meeting) from the 8/30 Executive Session of the Amherst Select Board granting Town Manager Larry Shaffer a sudden retirement with four months pay as a going away present will be denied due to the "personal" nature of the discussion, which lasted a full hour and twenty minutes.

Oddly enough a state attorney updated me via email last week saying they were waiting to talk with the town attorney before making their decision; and I of course responded with a request for that final decision to also be sent to me via email. Apparently that request too was denied.

Since today is a federal holiday, safe bet I'll get the official letter (dated 2/15) tomorrow via good old fashioned snail mail. I guess the Post Office could use the business.

Almost gone

ABC MIA from Town Center?

Once again the Zoning Board of Appeals seems poised to cast another, gasp, pro-business decision; this time in favor of the Amherst Brewing Company, an established bar/restaurant, to relocate its successful operation a mile from town center into a larger commercial space located on a busy direct route to Umass, the Golden Goose of stable employment for all of Western Massachusetts.Formerly The Leading Edge, aka Gold's Gym

Thus it appears the NIMBYs power to snuff development in Amherst is, finally, beginning to wane--on a couple of major fronts. The ZBA, after a protracted hearing process, allowed the variance required for Dr. Kate Atkinson to practice family medicine in a Professional Research Park, thus she will construct a $2.5 million dollar LEED certified 16,000 square foot building, enhancing the taxbase not to mention providing quality medical care to her thousands of patients.

And last week the public hearing to allow ABC to move into the former Leading Edge Gym location in a larger commercial building a mile down the road seemed to garner major public support--including Stephanie O'Keeffe, the Chair of the Amherst Select Board, and Tony Maroulis , the Executive Director of the Chamber of Commerce and a plethora of patrons far removed from the college aged stereotypes neighbors seem to fear the most.

Those speaking in favor of the variance pointed out the previous tenant, a Health Club operation open 100 hours per week, was far noisier than the brew pub and the Jones Library currently adjacent to ABC has never had complaints about either the noise (and a library would notice) or any odor complaints due to the brewing process or routine cooking.

Meanwhile the Amherst Redevelopment Authority is steaming forward with the Gateway Corridor Project, an urban renewal joint effort between Umass, Amherst and a private tax paying developer to significantly beautify the main corridor connecting the campus to the downtown. We have whittled down the original field of four consultants for the "visioning process" to only two and both will come in to pitch their expertise in person at the next two meetings (in Executive Session.)

The ARA will award the consultant contract by March 1st. The ZBA meets again March 10 to present their decision concerning the ABC. I'll drink to that.

The infamous Anon letter mailed to the neighborhood a few days before the 2/10 ZBA meeting.

Former Amherst Bulletin Columnist Baer Tierkel countered in an email to the Planning Department saying "I received an anonymous letter asking me to write against this move, so be aware that there is a campaign against this move being hatched-anonymously My guess is it is from people who want their Gym (Leading Edge) back , of which I was a member, but do not have a viable plan to make that happen. So they are sabotaging another local business with their anonymous campaign."


They also plan for outdoor dining during the wonderful weather season

Providing hope to developing nations via business

So my lovely wife Donna Kelley, a Professor of Entrepreneurship at Babson College and proud Umass MBA, is giving a presentation in Washington D.C. on "Entrepreneurship and Economic Development" this morning to the State Department and other government agencies advancing the idea of entrepreneurship as a solution to unemployment problems in developing nations.

Many of these countries, like Egypt, have invested heavily in higher education, producing well educated college graduates who then find less opportunity in the job market. Entrepreneurship stimulates the overall economy by providing more--and oftentimes higher paying--employment opportunities.

Individuals can create their own jobs as well as build firms that can employ others when society cannot provide enough jobs. And when people are gainfully employed, they are less likely to engage in desperate, destabilizing activities.

The presentation is based on Global Entrepreneurship Monitor research data culled from 59 economies worldwide.

Let the sunshine, let the sunshine in

Former Town Manager Larry Shaffer, standing center (way back in his angelic days)

From: White, Donald (SEC)
To: amherstac@aol.com
Sent: Mon, Feb 14, 2011 10:30 am
Subject: Public Records Appeal - SPR11/009

Mr. Kelley,

I wanted to provide you with a brief update on the status of the public records appeal that you submitted to this office. I have been in communication with the counsel for the Town of Amherst to discuss the information redacted from the 8/30/10 Amherst Select Board Executive Session Meeting Minutes. At this time, town counsel has withheld that information and asserted Exemption (c) – The Privacy Exemption. Although the town has asserted this exemption, I am awaiting further information that will support the use of this exemption. I expect to speak further with town counsel next week, as they are out of the office this week.

Please feel free to let me know if you have any further questions, but I at least wanted to provide you with the information that I had on the appeal to date. Thank you.


Donald White
Staff Attorney


Dear Mr White,

Thank you for the brief update. Nice when a government agency in charge of Open Meetings can be so open themselves. I hope when you make your final decision I can also receive the results via electronic mail.

As I'm sure you know, 'Exemption C The Privacy Exemption' is the #1 reason cited by municipal officials for turning down Public Documents requests. But public officials have a lesser expectation of privacy than the taxpayers who fund their salaries.

And the state allows the exception to be trumped when "there is a paramount public interest in disclosure." Indeed I strongly believe the sudden departure of Town Manager Larry Shaffer, taking with him four months of salary, rises to level of "paramount public interest"; and since he very soon thereafter reentered the job market in Michigan, I'm sure it was not a medical condition that fueled his hasty flight.

The redacted lone sentence I seek represents one half of the 120 minute Executive Session, as Select Board Chair Stephanie O'Keeffe covered the entire meeting with only two sentences. That too is questionable record keeping.

Maintaining public trust should be your paramount concern. When elected local officials hatch backroom deals in a private manner financed with public taxpayer money, it diminishes that sacred trust.

Again, thank you for considering this important matter.
Larry Kelley

Correction: The Executive Session was one hour-and-twenty-minutes (80 minutes) not two hours (120 minutes). Still, pretty hard to capture in only two sentences

School Committee/Union 26 accept $uper counter

Permanent Amherst School Superintendent Maria Geryk (far left)

3:20 PM

The Amherst Regional School Committee and Union 26 quickly voted last night during an executive session to accept Maria Geryk's counteroffer, doubling her length of tenure as "permanent superintendent" from one to two years with an annual salary of $140,000 but closer to $145,000 (when factoring in annuity/life insurance) up slightly from her current $139,000 salary that previously escalated from $109,000 when appointed to the position of "interim superintendent" last year.

Whew, that was a mouthfull.

School Super Search: Secret meeting to decide

UPDATE: 2:27 PM
Still waiting, with finger poised over the publish button. Really l-o-n-g lunch they are having.
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UPDATE: Tuesday 12:45 PM
So yes, I'm still waiting for official word that the ink is dry on the new Super contract, because Regional Chair Rick Hood told the Springfield Republican last night that they had a verbal deal and the signing of the contract was only a formality that should be done by noon. Maybe they are having a long lunch.
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Original Post Last night 8:00 PM
So the Amherst Regional School Committee and Union 26 met just long enough in open session tonight to amend Irv Rhodes "compromise" motion passed on February 6, by striking the 6/30/12 end date on the contract offering the Superintendent position to Maria Geryk for one year, with an evaluation to take place six months into said contract.

Safe bet she came back with a counter offer requiring a minimum of three years.

The joint meeting retreated into Executive Session with the announcement that they would not return to open meeting. I actually questioned the committee's actions, inquiring as to whether they needed to come back to open session to adjourn? They said no.

Tonight's Gazette editorial (championing a two year contract) states: "Under the Open Meeting Law, the panel must return to open session to vote on awarding a contract." Hmm...