On Wed, Jun 12, 2013 at 12:06 PM, Larry Kelley <amherstac@aol.

com> wrote: Hey Stephanie, Does this Ex Session mean the Purchase & Sale with W.D. Cowls, Inc has finally been deemed "legitimate" and you are weighing Right of First Refusal? Are you going to come out of Ex Session and make a public statement one way or the other? Larry

From: Stephanie O'Keeffe <stephanie@okeeffe.com> To: Larry Kelley <amherstac@aol.com> Sent: Wed, Jun 12, 2013 1:33 pm Subject: Re: Executive session to discuss Cushman property on Friday Hi -It's about status and next steps. No idea what might come from that, so I can't speculate on what we'll do afterwards. Stephanie On Wed, Jun 12, 2013 at 1:43 PM, Larry Kelley <amherstac@aol.com> wrote: Hey Stephanie, Just seems odd that you are calling a Friday meeting for this. Why the sudden urgency? The agenda item is a tad vague. If you are discussing the Right of First Refusal I would actually question whether you can go into Executive Session over that since there is no "bargaining," just an all-or-nothing yes or no. And since that could involve as much as $6.5 million tax dollars, the public has a right to weigh in during your deliberations. Larry
From: Stephanie O'Keeffe <stephanie@okeeffe.com> To: Larry Kelley <amherstac@aol.com> Sent: Wed, Jun 12, 2013 1:53 pm Subject: Re: Executive session to discuss Cushman property on Friday

We had this executive session Monday night, but only three SB members were there, and we were rushed because of Town Meeting, so we need another opportunity to discuss. Per MGL Chapter 30A, Section 21a, Part 6: To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

On Wed, Jun 12, 2013 at 1:57 PM, Larry Kelley <amherstac@aol.com> wrote: Yes, but there is no "negotiating position" of the public body IF you are discussing the Right of First Refusal. So I guess that bring me back to my original question: has the town lawyer agreed now that the Purchase & Sale agreement between W.D. Cowls, Inc and Landmark Properties is a legitimate contract?

From: Stephanie O'Keeffe <stephanie@okeeffe.com> To: Larry Kelley <amherstac@aol.com> Sent: Wed, Jun 12, 2013 2:11 pm Subject: Re: Executive session to discuss Cushman property on Friday Consideration of whether or not to exercise right of first refusal must be done in a public meeting. Before the Select Board does so, Planning Board and Conservation Commission first consider the matter and provide their recommendations. As discussed at the 6/3 Select Board meeting, I have consideration of this ROFR tentatively scheduled for our 7/29 meeting, if that is how this process proceeds. http://www.amherstma.gov/DocumentCenter/View/23048

On Wed, Jun 12, 2013 at 2:14 PM, Larry Kelley <amherstac@aol.com> wrote: Fair enough. But you still have not answered as to whether the town attorney has recently weighed in on the $6.5 million Purchase and Sale agreement?

From: Stephanie O'Keeffe <stephanie@okeeffe.com> To: Larry Kelley <amherstac@aol.com> Sent: Wed, Jun 12, 2013 2:22 pm Subject: Re: Executive session to discuss Cushman property on Friday Back to the beginning: We will be discussing the status and next steps about this on Friday. With Town Counsel. Continuing where we left off on Monday. (I might not have been clear the first time that this is a conversation with Town Counsel, I apologize.)

From: Larry Kelley <amherstac@aol.com> To: stephanie <stephanie@okeeffe.com> Sent: Wed, Jun 12, 2013 2:26 pm Subject: Re: Executive session to discuss Cushman property on Friday Yes you did not mention this was a pow wow with Town Counsel. Now it all makes sense. Sort of. But if that "conversation" includes his learned opinion that the Purchase and Sale agreement is indeed valid, then you should make that publicly known. Immediately. When you come out of Executive Session of course.