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Selectmen's Minutes 04/17/2013
Minutes of Meeting – April17, 2013; meeting called to order at 7:00pm.  Present:  Ken Fowler;
Ed Lane; Channing Gibson.  Absent:  Dave Roche; John McNinch.

Chairman Fowler stated that the Governor has asked that flags be flown at half-mast to honor the victims of the Boston Marathon bombing.  He also commended the public safety personnel and Lenox Housing Authority Director Martha Joyner and the Community center staff for all their efforts during the recent fire at the Curtis Building.

Citizen’s Open Forum: LHA member Tess Sorrentino thanked everyone for their efforts, and suggested that anyone interested in helping consider donating money or purchasing cards for groceries, etc.  Library director Sharon Hawkes briefly went through current activities:  digitization project is moving forward, allowing history to be preserved.

MOTION by EL, seconded by CG to accept the Minutes and Executive Minutes of April 3 as presented.  3/0 vote.

Kennedy Park:  Sonya Bykofsky had some concerns regarding the alleged cutting of trees on Kennedy Park land and about a large dead tree covered in kiwi vines falling on the electric lines.  Jeff Vincent has been in touch with National Grid about the tree on the electric lines.  Sonya stated that she was happy with the work done by National Grid.  The Board mentioned that anyone with issues regarding where their land and town-owned land lies should contact the Town for assistance.  It was agreed to send letters stating this to property owners along Main Street that abut the park.

Watershed CR:  The Board briefly reviewed the proposed Conservation Restriction, noting that the last deal gave more control to the state and opened the land up to hunters, etc.  The new CR retains a strong emphasis on water needs, although it does give Berkshire Natural Resources the final say on proposed waterworks projects outside the reservoir operations envelope.  They went on to explain that to have a new CR, an independent third party is a requirement, and that the Conservation Commission is unable to be that party.  Two divergent opinions were expressed:  Involving a third party is a positive, allowing for an extra layer of oversight that ensures preservation of the natural resources, or a negative if you fear the third party might block action related to future expansion of town needs.

Tom Romeo explained that the Water Department has mechanisms available to provide high quality water, along with adding a layer of protection needed to prevent the area from development.  He went on to state that the Town would continue to own and manage the land.  He then went through the various guidelines which would need to be followed should the CR be adopted.  He asked that a FAQ sheet be placed on the Town website.  Rick Fuore from the Water Department stated that he is against the CR at this time.  He feels that the area should be managed by the water department with no further regulations than currently exists.  Neal Carpenter from the Conservation Commission stated that the Town needs to have Berkshire National Resources as a third-party, strictly as a policing agency.  He feels that a CR would protect the land from any sale of the property.  Gene Chague questioned how zoning as an alternative to a CR could offer similar protection since variances are granted all the time.  Joanne Magee and Warren Archey felt that you can never have too many layers of protection, and they feel that BNRC would be fine.  KF stated that we need to get the information out to the public, and agreed to have copies of the FAQ sheets available in the Town Hall as well as on the website.

Roche Reading Park:  Lynn Sutton presented the Board with a proposal for plantings along the new 6’ high fence to be installed on the northern edge of the park.  In addition, she asked for approval for a new path to the handicapped ramp.  Tree Warden Warren Archey concurred that it appeared to be a good plan.  Following a brief discussion, Lynn asked the Board to approve the fencing, trees, top soil and mulch installation.  CG stated that he was reluctant to vote right now.  He feels that the park is very visible, and wants to make sure that the people have a chance to weigh in.  EL concurred.  In addition, the project needs to wait until the Historic District Commission reviews the plan at their 4/23 meeting.  KF suggested that the Board discuss the matter further at their 4/22 meeting.

The Board reviewed the Annual Town Meeting warrant, and decided to wait until the Monday meeting to determine who would read which articles.

MOTION by CG, seconded by EL to proceed with Harper’s Payroll Services for both the Town and School, and to authorize the TM to enter into a three-year contract with the option to renew for two additional years, pending voter approval for longer term contracts.  3/0 vote.

Consent Agenda:  MOTION by CG, seconded by EL to approve a one-day A/A license to Diana Kirby for 5/4 from 11am-2pm at the Community Center Ballroom.  3/0 vote.  MOTION by EL, seconded by CG to grant permission to the Farmer’s Market to put signs up the day of the market from noon until 5:30pm at three locations in Town (Walker & Main Street at monument; Walker and Kemble at monument and Kemble at Shakespeare & Co.).  3/0 vote.  

MOTION by EL, seconded by CG to award the bid to purchase a new spreader truck to Ben Funk, Inc. for a total price of $152,009.64, and to authorize the TM to sign a contract for same.  3/0 vote.  MOTION by CG, seconded by EL to grant approval for the TM to enter into a contract with GHD, Inc., an engineering firm, to conduct an independent evaluation of phosphorous removal options for a cost not to exceed $8500.  3/0 vote.

BOS Reports: CG stated that the Events Committee met earlier to discuss the bike race and the caroling festival’s request for funding.  The Planning Board is working on the sign by-law, and the CPC put together a presentation on how the community preservation money is distributed.  KF stated that the Town needs to move forward with a parking plan as summer is fast approaching.

By roll call, CG, EL and KF voted to go into Executive Session at 8:45pm 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