Minutes of Meeting – February 29, 2012; meeting called to order at 7:00pm.
Present: J McNinch; D Roche; L Messana; K Fowler. Absent: D Trancynger.
Citizen’s Open Forum: Sharon Hawkes from the Library updated the Board on upcoming activities. Ellen Jacobson from the Curtis asked for an update on wi-fi expansion in the village. KF explained that there have been difficulties in bringing wi-fi into the area, and that the item was removed from the Economic Development Action Plan. Sharon Hawkes mentioned that the Library will be installing stronger hot spots which may help, but she doesn’t think that it will reach inside of the Curtis. Carolyn Barry asked why the Discover Lenox website was not all inclusive of Lenox businesses since Town funds are supporting it. DR stated that it will be upon completion, and that the site is not funded through taxation, but through the Hotel/Motel tax. Scott Laugenour stated that the funds come from general
tax revenue, not Hotel/Motel tax. It was agreed that all of the funds go into one pot. Mark Maurino explained that he has sent many letters to the Board and has only heard back from the TM and not individual Board members. He was questioning what the policy of the Board was in this regard. DR stated that with regard to his topic, he has been advised not to respond given the threat of litigation. The Board confirmed that the monument at the belvedere has a coating on it, and that once the weather warms up, the monument will be cleaned of graffiti.
MOTION by LM, seconded by DR to accept the Minutes of February 15 and Executive Minutes of February 22 as presented. 4/0 vote
LM read the advertisement for the transfer of an annual A/A restaurant license request from Chen & Chu Group, Inc. to Zheng’s Group, Inc. MOTION by DR, seconded by KF to open the public hearing. 4/0 vote. Attorney Matthew Mozian was present to represent the owners and to answer any questions. MOTION by DR, seconded by LM to close the public hearing. 4/0 vote. MOTION by DR, seconded by KF to grant the transfer of an A/A restaurant license to Zheng’s Group, Inc. 4/0 vote.
LM read the advertisement for the transfer of an annual A/A common victuallers request from BHG Partners LLC to Twin Sisters Food Service, Inc. MOTION by LM, seconded by KF to open the public hearing. 4/0 vote. Attorney Lori Robbins was present to represent the owners and to answer any questions. Property owner David Ward spoke in favor, as did Patty Whitehead. MOTION by LM, seconded by KF to close the public hearing. 4/0 vote. MOTION by DR, seconded by LM to grant the transfer of an A/A common victuallers license to Twin Sisters Food Service, Inc. 4/0 vote.
LM read the advertisement for an annual A/A restaurant license request received from Liliana Arteaga-Tucker d/b/a Shots Café. MOTION by LM, seconded by KF to open the public hearing. 4/0 vote. Owner Liliana Arteaga-Tucker was present to answer any questions. She was reminded that she could not serve alcohol outdoors. MOTION by LM, seconded by KF to close the public hearing. 4/0 vote. MOTION by DR, seconded by LM to approve an A/A restaurant license to Liliana Arteaga-Tucker d/b/a Shots Cafe. 4/0 vote.
Richard Wise showed the marketing video and gave a brief report on the caroling event and what he envisions for this coming holiday season. He stated that he has been in touch with someone from the Nantucket Wine Festival, a four day, $600,000 event held in May in Nantucket. He would like to bring a similar event to Lenox for the week of the caroling event. KF asked that a presentation be made to the Chamber. Mr. Wise explained that he will not have much of the information until May. The Board thanked him for all of his hard work on this event.
The Board discussed the placement of three benches along Kemble Street at their last meeting, and agreed to discuss it further at this meeting. Sonya Bykofsky asked what the process is to purchase a bench and plaque. A notice will be placed on the web site. Memorial benches are available on a first come, first served basis. Olga Weiss wanted to make sure that these benches would match the existing ones around town. MOTION by LM, seconded by KF to approve the placement of three benches along Kemble Street as presented, and to look into installing benches along West Street also. 4/0 vote.
Cycling Event: Kim Flynn is the chairman of this committee, and stated that the committee has met with some of the other communities to get their input and support. Everything is progressing nicely and on target. DR asked that she keep the Chamber in the loop and up to speed. She stated that she will be placing all of the information on the Discover Lenox website. The event is scheduled for May 6 from approximately 8am-1pm, and anyone signing up must be able to finish the route within five hours. They are hoping to make this an annual event. MOTION by DR, seconded by LM to authorize spending $5000 from the economic development funds to support the cycling event to be held in May, 2012, as recommended by the Marketing and Events Committee. 4/0 vote.
Kim Flynn, Chairman of the Marketing and Events Committee then informed the Board that Ann Jon from Sculpture Now has asked the committee to consider giving her $4000 for promotion. The committee is recommending that $2500 be given. The Board felt that they had never given any funding to groups displaying items around town before, and they did not want to set a precedent. Members felt that providing public space for the sculptures was a sufficient contribution to the project, given that the sculptures are for sale.
JM gave an overview of the wind energy public forum that was held on Monday evening, February 27. He stated that the panel did a good job, with much research and concern put into their decision. The committee felt that wind was not economically feasible at this time, and that more studies were needed. They felt that perhaps solar should be pursued. Scott Laugenour asked that those interested should submit their comments to the DEP/DPH as they are taking public comments until the middle of March on their Report on Turbine Health Impacts. Joe Nolan felt that the process was great, and that the Town should consider placing a conservation restriction on our watershed land. LM stated that she would not want to box the town into something, particularly in regards to limiting water use. Joanne Magee stated
that she feels that more homework needs to be done, and that the town is going in the right direction. Susan May from the Environmental Committee stated that with the growing concern over global warming, everyone needs to look at doing something. Jonas Dovydenas echoed Mr. Nolan’s comments that the process used was great. MOTION by LM, seconded by KF to not pursue town wind energy project at this time. 4/0 vote.
The Board discussed the need to form a Memorial By-law Committee to work on creating a proposed by-law for the upcoming Annual Town Meeting in May. Sonya Bykofsky questioned whether people want regulations on all monuments or just monuments memorializing people? What exactly is the definition of a monument? KF stated that he has spoken to several people, and that he would like to see a representative from the Conservation Commission, the Planning Board, Kennedy Park Committee, the Citizens Advocacy for All Committee and two other citizens. It was suggested that the Board make appointments at the next BOS meeting. LM suggested that the Board meet at 6pm to interview any citizens interested in serving. DR stated that he would like to proceed, but would rather wait until the pending issue is resolved.
He would like to see the two groups use an arbitrator and move forward. LM agreed. MOTION by KF, seconded by JM to appoint the committee and move forward. KF stated that if a committee is formed and CAC becomes a litigant, an alternate person could serve. MOTION by DR, seconded by KF to amend the motion to include that no new applications for monuments be processed and reviewed, and that a 6-month moratorium on monuments placed on public ways be invoked. The amendment passed. The Board confirmed, however, that the current bench/plaque program could still continue. Vote on the main motion was 2/2 with LM and JM opposed. The main motion fails.
The Town sought bids for sewer improvements on Kemble Street, Schermerhorn Park, Walker and Housatonic Street. Foresight Land Services checked references, and are recommending that we award the bid to Caracus Construction Corp. with a bid of $724,250 as the lowest most qualified bid. MOTION by DR, seconded by LM to award the bid for sewer improvements to Caracus Construction Corp. in the amount of $724,250 and authorize the TM to sign a contract for same. 4/0 vote.
MOTION by DR, seconded by LM that the town of Lenox elects to engage in the process to change health insurance benefits under MGL Chapter 32B, Sections 21-23. 4/0 vote. The Board reiterated that it prefers to have all unions agree to a 75/25 cost share ratio on the existing plans. However, the two alternative approaches must be pursued simultaneously in order to have one or the other solution in place by July 1.
FY13 DPW Budget: Jeff Vincent went through his various budgets. He could use more funding in the forestry line item, the stone and gravel line item and diesel/gas line item. He stated that any funding the Church-on-the-Hill receives for the cemetery will be very helpful. The main concern is the Town’s aging infrastructure.
Consent Agenda items: MOTION by LM, seconded by KF to continue the Town’s participation in the Southern Berkshire Household Hazardous Waste Collaborative. 4/0 vote.
Old/New Business: DR stated that he wants to stop being forced to manage by crisis, and he feels that we need to put together a 10-year plan. He suggested that the Board meet more often to keep up with things. KF stated that the British Motor Car festival will be returning, and will be located at Shakespeare & Company. This will include the Town-sponsored party on the Friday evening.
By roll call, LM, DR, KF and JM voted to go into Executive Session at 9:50pm to discuss possible litigation, and to not return to open session.
Minutes Taken By: ______________________ Minutes Accepted By: ______________________
Mary Ellen Deming Clerk
Director of Administrative Services Board of Selectmen
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