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Selectmen's Minutes 01/04/2012
Minutes of Meeting – January 4, 2012; meeting called to order at 7:00pm.  
Present:  J McNinch; D Roche; D. Trancynger; L Messana.  Absent:  K Fowler.

Citizen’s Open Forum: Everyone stood and recited the Pledge of Allegiance.  Sonya Bykofsky asked the Board if they had had a chance to review the guidelines for the placement of items on public property that her group had put together.  JM stated that the Board has seen them, and that they have not had a chance to work on them yet, but that he anticipates placing this item on the May ATM warrant.  Jan Chague asked about the piece of land behind Bentrup Court that is being proposed for a solar farm.  She states that the deed restricts commercial development and has a conservation restriction on it.  DR reminded her that that would be in phase II and that all the details of this phase still need to be developed.  LM noted that the deed while the deed prohibits commercial development, the solar project would be a municipal project which is a separate category in our zoning bylaws.

MOTION by DT, seconded by LM to accept the Minutes and Executive Minutes of December 14 and the Minutes of the December 22 Special Meeting as presented. 4/0 vote

Students from the LMMHS class of 2016 appeared before the Board seeking permission to again hold The Lenox Loop race on April 28.  MOTION by LM, seconded by DR to grant permission as requested.  4/0 vote.

LM read the advertisement for an annual A/A Innholder’s license request from Eastover Hotel and Resort.  MOTION by LM, seconded by DT to open the public hearing on a request received from Eastover Hotel and Resort to obtain an Annual A/A Innholder’s license for the mansion, Tally Ho and outdoor areas.  4/0 vote.  The owner and her attorney gave a brief explanation as to what the establishment is planning.  They would like to include the following areas in the licensed premises:  dining rooms in mansion, accessory room downstairs at the mansion, guest rooms in the mansion, patio at the mansion, Tally-Ho, including the bar, dining rooms and patio and outdoor areas as follows:  tennis courts/cabana area, barbecue bit area, south patio by the mansion, pool area, and permitted tent areas or outside areas located within a certain distance of the buildings.  MOTION by DT, seconded by LM to close the public hearing.  4/0 vote.  MOTION by DT, seconded by DR to grant an A/A Innholder’s license to Eastover Hotel and Resort for the mansion, Tally Ho and outside areas.  4/0 vote.

Rumpy’s Entertainment License Hearing:  Owner Billy Soto spoke first, stating that he would like to receive his entertainment license as originally granted seven years ago.  He then asked that the manager be allowed to speak.  The manager stated that they employ approximately 25 local musicians as well as two doormen to check ID’s. In addition, they periodically walk around the building to check the noise volume.  Residents from Old Center Street (backside of Rumpy’s) appeared, stating that they never hear any noise from the establishment.  Many others stated that they are regulars at Rumpy’s and that it is a “destination” for them.  It was stated that it is a safe place, and a place that is open later in the evening to accommodate theatrical patrons.  The maintenance person stated that over the past two weeks he has sound-proofed the ceilings, added signage about the noise, reinforced the door closings, added outdoor lighting, and keeps the door at the top of the stairs which leads to the inn locked.  Others mentioned that when someone decides to live in an area that has stores and restaurants in it, you know what you will have to deal with as far as traffic and noise.  At this point, JM asked the Board for their input.  DT stated that she was very upset with the recent article in The Berkshire Eagle, and that it was one-sided.  She reminded everyone that the Board works for all of the residents of the Town, and that she does not want to hurt any businesses in any way.  However, threats will not be tolerated.  LM stated that she hears what a wonderful place this is, and that the patrons have control over whether or not this license continues as granted.  DR stated that it is obvious that this matter is being taken seriously since many improvements have been made over the past two weeks.  JM read the section of MGL which states reasons to alter/rescind entertainment licenses.  The Board discussed the fact that Rumpy’s currently stops serving at 1am, with everyone leaving by 1:30am.  All other establishments in the downtown area close earlier.  It was stated that on a good night, there could be 65 patrons leaving Rumpy’s at that time.  MOTION by DR, seconded by LM to amend the hours on the entertainment license to end at 1am which is consistent with all other entertainment licenses in the Village area.  4/0 vote.  MOTION by DR, seconded by LM to grant Rumpy’s an entertainment license and that it conform with all licenses issued in the center of town; further, that the license be reviewed after 90 days, and that the police make periodic checks on the establishment.  4/0 vote.

Sharon Hawkes came before the Board to give an update on activities at the Library.  She stated that the Library had a successful gingerbread house activity.  Upcoming activities include computer classes, continuing education through OLLI and the Black and White Ball at Blantyre.  DR asked how the budget looked as they are currently $12,000 ahead of projected revenue, to which Sharon stated that it is a bit too early to say, but it looks as if they are on target.

The TM explained that he would like to apply for District Local Technical Assistance Grants from Berkshire Regional Planning Commission.  He would be applying for continued funding for the regional sewer effort and the GE/EPA clean up options, and possibly funding for new building inspector permitting software/hardware, a joint planning effort with Pittsfield for the northern end of 7&20, and possibly others.  MOTION by DR, seconded by DT to authorize the TM to apply for a District Local Technical Assistance grant from Berkshire Regional Planning Commission.  4/0 vote.

DR gave an update on the Marketing and Events Committee.  He stated that things are coming together nicely and moving forward.  They are planning roundtable discussions for January 18 and 19.  They are now meeting weekly, and work continues with Bodden-Hamilton.

The TM updated the Board on the development of the FY13 budget.  The preliminary budget will be presented at the January 18th meeting.  He stressed that the budget should be viewed in light of the primary goals that the Board has identified, namely economic development and infrastructure improvement.  Despite the concerns some citizens have about the marketing funds, it will be important to continue the funding as economic development needs to be a long term investment.  Board members expressed their agreement with this.

Consent Agenda items:  MOTION by LM, seconded by DR to approve six one-day W&M licenses at Ventfort Hall as follows:  1/14 from 7:30-10:30pm, 2/11 from 7:30-11pm, 3/10 from 7:30-11pm, 3/25 from 7:30-11pm, 4/7 from 7:30-11pm, 5/12 from 7:30-11pm.  4/0 vote.  

Old/New Business:  LM read a letter stating that the Town had received a $600,000 Mass Works grant to cover sewer piping work that will help out the Brunnell Avenue pump station and will accommodate Tanglewood and Canyon Ranch.  Rep. Smitty Pignatelli was thanked for all his hard work, turning around an initial rejection to an award.
By roll call, LM, DR, JM and DT voted to go into Executive Session at 9:10pm to discuss contract negotiations, and to not return to open session.


Minutes Taken By: ______________________        Minutes Accepted By: ______________________
                   Mary Ellen Deming                                          Clerk
                   Director of Administrative Services                       Board of Selectmen