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 

Amherst's BIG 3

31 Spring Street, Amherst

Two weeks ago the Amherst Zoning Board of Appeals approved the conversion of 31 Spring Street to a two family abode, thereby doubling its legal occupancy. The house, contiguous with the newly renovated Lord Jeff Inn, is owned by Amherst College, the largest landowner in town.

The President's House, home to Biddy Martin, is tax exempt

Last year Amherst College, a tax-exempt education institution, paid the town $491,364 for the small part of their vast empire that is on the tax rolls: 31 single family, 5 two-family and 3 three-family houses, the profitable (unlike the town's own Cherry Hill) Amherst Golf Course on South Pleasant Street, the Dakin Property (purchased for $4.3 million in 2005) contiguous with the golf course and the scenic overlook at 69 South Pleasant Street.

In addition last year the college donated $90,000 in unrestricted funds to the town General Fund mainly for emergency services protection provided by Amherst Fire Department.

Although a couple years earlier, before the endowment took a major hit, Amherst College had donated $120,000 to the town they are named after.

Those donations have traditionally (if you call three or four years a tradition) taken place at the start of the New Year.  This past January/February, however, no announcements were forthcoming.  Odd, since their endowment is now comfortably at a historic all time high, $1.64 BILLION.

Meanwhile the "5 year strategic agreement" with UMass/Amherst expires next month.  That Payment In Lieu Of Taxes generated $325,000 per year (plus the regular $100,000 the state always gives Amherst for all state owned land in the town). Umass is the second largest landowner in Amherst--all of it tax exempt except for the Campus Center Hotel that, grudgingly, pays the local option hotel/motel meals tax.

Of course the closing and return of Mark's Meadow Elementary School to the University is a major change.

Former Mark's Meadow Elementary School

According to the expiring 5-year Town/Gown "strategic agreement":

“If, in the future, the Town builds a new elementary school and vacates the Mark’s Meadow facility, the Town, AES, ARPS and the University will negotiate a new agreement in which the University may reimburse the Town for a portion of the net costs of educating students living in University tax-exempt housing. "

Estimates of the number of children attending Amherst Public Schools from our tax exempt flagship University are somewhere between 50 and 60 (two of them Chancellor Holub's children), with our current average cost to educate at $16,413 per student, significantly over the $13,055 state average.

In other words, the $1 million it costs us to educate children coming from UMass tax exempt housing is more than double the amount they currently pay the town.

Last week Amherst Town Meeting approved an Elementary School Budget $218,000 in the red, which had to be made up by tapping reserves, currently around $6 million, but less than 10% of general fund operating revenues. 

The Fire Department also spends about 25% of its time dealing with University related emergencies; and with the AFD budget at $4 million, that too comes to a cool $1 million annually. Recently the firefighers union called upon the town and Umass to consider as part of the negotiations enough (extra) money to fund the addition of two new additional firefighter positions.

Considering the stress placed on AFD just from recent Mullins Center concerts (run by a for profit company cloaked under a tax exempt entity) a reasonable request.

Last night Amherst Town Meeting overwhelmingly approved the town operating budget (police/fire/DPW etc) without a single mention of negotiations with UMass, a guaranteed six digit amount for the FY13 budget.  And no questions concerning the supposedly imminent deal with Blue Wave Capital for placing a $10 million solar farm on the old landfill, thus generating six-digit savings in electric costs on top of $200,000 in annual property taxes.

And then we have the runt of the litter, Hampshire College, who pays the town zero in Payment in Lieu of Taxes and a grand total of $61,613 in property taxes for a few houses and the Bay Road Tennis Club.  Yet expensive trips to Hampshire College are as routine as rain for the Amherst Fire Department.

Black Walnuts near Hampshire College main entrance.  College gave the state a bike lane easement to save trees, but charged the town $200,000 in paving for an easement for Atkins Corner Project

All in all tax exempts own just over half of Amherst, meaning the other half--homeowners and to a minuscule extent, businesses--have to make up that dramatic imbalance. And on top of that we have the most expensive average school costs in the region at $16,413 per pupil, spending a whopping $12 million more per year than our sister city Northampton.

But town officials still act like beggars, pleading with our tax exempt institutes of higher education to "spare a dime." It's time to get serious...and ask (nicely) for real money.

Welcome Back AFD 3

 

From left: Chief Tim Nelson, Earl Bonett ESGR, Reed Frailey, Thomas Messer and William Messer

Amherst Fire Department can now stow the service flag flying under the American flag at AFD Central Station, with three blue stars representing a trio of their own--or I should say "our own"--who were serving in a far off dangerous place, Afghanistan. 

Considering just over 1800 of their comrades returned home to friends, family and loved ones in coffins covered by an American flag, today was indeed a glorious day to celebrate.

Chief Tim Nelson was surprised to receive an plaque from Employer Support of the Guard Reserve  for unwavering support of the men under his charge, which he instantly deflected to include the entire department and all the town officials who continued to show their support by attending today's ceremony.

The ceremony also included swearing in a new front line firefighter (but not a new position), Adam Cormier.  Mike Roy had been acting as both firefighter and fire prevention officer but will now do fire prevention full-time, and will no doubt work closely with the town's other newest employee, building inspector/code enforcement officer Jon Thompson.

Adam Cormier sworn in by Town Clerk Sandra Burgess. Town Manger John Musante (conservative red tie) looks on

Fire in the Hole

Another dumpster fire at Hobart Lane late last night, an almost weekly event over this past year.  And it happened right around the same time AFD was responding to an attempted suicide in another part of town.  Just one of the many reasons dumpster fires are not taken lightly by authorities, as they tie up valuable resources with more important things to do.

Last January police arrested a Umass student for the idiotic activity, but the fires persist.

Shutesbury Shenanigans

 Shutesbury Town Hall

The reverberations over the contentious Shutesbury Library override issue, recently settled by Superior Court Judge Mary-Lou Rup who upheld the defeat, continued to be felt today...like a seismic aftershock.

Amazingly--with the ink barely dry on a Superior Court decision--the rights of long time residents Richard and Joan Paczkowski were again challenged by disgruntled library supporters Michael DeChiara and Joanne Sunshower.

Library proponents filed suit to have Richard and Joan Paczkowski's "no" votes thrown out.   Judge Rup not only sustained those two votes but she went even further by throwing out two "yes" votes from the grown children of local attorney Michael Pill--making the final vote 522-520.

In her decision Judge Rup wrote: "Like many retired persons, the Paczkowskis maintain two residences and divide their time between the two locations. While they may have focused their lives in Florida for over 20 years, it is reasonable to accept that they have now decided to re-focus their lives on the community where Richard was raised and they began their married life."

DeChiara and Sunshower should be reprimanded for "contempt of court" over their heavy handed tactics to bully and intimidate voters with whom they disagree.

Election Results

Shutesbury Town Meeting Warrant (all articles passed)