Town Council Dismisses Open Meeting Law Complaint

Report on the Meeting of the Amherst Town Council, February 10, 2025, Part 1

This meeting was held in hybrid format and was recorded.

Present
Lynn Griesemer (President, District 2), Andy Steinberg, Mandi Jo Hanneke, Ellisha Walker (at large), Cathy Schoen and Freke Ette (District 1), George Ryan and Hala Lord (District 3), Pam Rooney (District 4), Bob Hegner and Ana Devlin Gauthier (District 5).  Absent: Jennifer Taub (District 4)

Staff: Paul Bockelman (Town Manager) and Athena O’Keeffe (Council Clerk)

Council Finds No Merit to Open Meeting Law Complaint
The council responded to Ahmad Esfahani’s January 29 complaint against Council Clerk Athena O’Keeffe for not posting minutes on the town website in a timely manner. In his complaint he stated that Massachusetts General Law mandates that minutes of open meetings be posted within 30 days, but that this has not been the case for many Town Council meetings dating back to 2023, although he did not specify the meeting dates. The complaint asks that all outstanding minutes be posted and that that in the future, minutes be posted within 30 days of the meeting. It also asks for a public acknowledgement of the violation and mandatory training for personnel. Ironically, Esfahani was one of several new employees who were hired to ensure that minutes are created in a timely manner.

The town’s attorney, Lauren Goldberg of KP Law, reviewed the complaint and responded that nothing in state law requires that minutes be posted, only that the Town Council retain its minutes and that the minutes must be sufficiently specific so as to allow a person who has not been at the meeting to understand what happened. She also stated that the Council Clerk is not subject to Open Meeting Law (OML), so cannot violate it. O’Keeffe acknowledged that there are a few sets of minutes that need to be finalized for president’s review.

Council President Lynn Griesemer (District 2) moved that she work with KP Law to respond to the complaint, stating that the council did not violate OML, but that the council will post outstanding minutes to the town website as soon as feasible, hopefully by March 10. The motion passed 11-0, with two absent (Jennifer Taub and Ellisha Walker), but Mandi Jo Hanneke noted that minutes from many council committee meetings are also “wildly outstanding.”

The council did approve five sets of minutes from June 2024 on the consent agenda.

Town Plans $2.8 Million in Improvements to Bangs Center
Town Manager Paul Bockelman presented a plan to use $2.8 million in ARPA funds to upgrade the Bangs Center.  The project is almost ready to go out to bid, although Bockelman expressed concern that ARPA funds might be rescinded by the current federal administration.

Building Commissioner Rob Morra said that there is not enough money to renovate the whole building, but the plans are to install a sprinkler system and upgrade the HVAC system, improve accessibility, and replace the fire alarms. The six bathrooms have already been improved. He said the Planning Department engaged an architect and met with building users to develop the plans and prioritize other needs. The town may apply for a decarbonization grant to eliminate fossil fuels from the building. Future projects could include upgrading the kitchen and lighting. Although the Senior Center will not be enlarged, he hoped the new design would better utilize existing space.

The funding request was referred to the Finance Committee by a 12-0 vote, with report back to the council by March 10.

The council also approved an additional $500,000 from free cash for road and sidewalk repair. The Town Manager originally requested $1 million, but the council halved the amount. The vote was 11-1, with Hanneke voting no.

 More Pleas for School Funding During Public Comment
Ariel Templeton, Richard McLean, Leyla Moushabeck, Becka Watkins, Ellen Jedrey-Guidera, Cora Fernandez, Jill Brevik, Rachel Hall, and Jennifer Curiali all spoke in support of better funding for the Amherst elementary and regional schools.

Vince O’Connor wanted the town to make clear its policy to not aid federal immigration officers in detaining immigrants. He also warned of people posing as federal agents who may commit crimes, such as burglary or assault, and asked that Amherst police respond appropriately to these crimes.

Laura Stranlund worried about extra foot traffic along Route 116 with the new hiking trails being created off of Vista Terrace. She would like the speed limit on Route 116 reduced in that area.

Farmers Market to Return to the Town Common this Spring
The council approved the Amherst Farmer’s Market’s long-term reservation of the Town Common on Saturdays from 8:30 a.m. to 1:30 p.m. April 19 through November. 15 Included in the reservation are parking spots on Spring Street, South Pleasant Street, and Boltwood Avenue.