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Selectmen's Minutes 05/15/2013


Minutes of Meeting – May 15, 2013; meeting called to order at 7:00pm.  Present:  Ken Fowler; Ed Lane; Channing Gibson; Dave Roche; John McNinch.

Citizen’s Open Forum:  Michael Mahoney, Director of the Cameron House, gave a brief explanation about their operations at the assisted living facility.  Suzanne Pelton spoke about the Rhubarb Festival scheduled for May 25 from 10am-3pm.  Steve Marceau suggested that Town Counsel and opposing counsel get together and try to resolve the issue of the belvedere.  He suggested welding a plaque onto the fence, removing part of the belvedere and making it more of a space for contemplation for all deceased citizens

MOTION by CG, seconded by EL to accept the Minutes and Executive Minutes of April 22.  4/0 vote with DR abstaining.  MOTION by CG, seconded by EL to accept the Minutes and Executive Minutes of May 1 as presented.  5/0 vote.

MOTION by EL, seconded by CG to appoint Dave Roche as Chairman and Ken Fowler as Clerk of the Board of Selectmen.  5/0 vote.  DR asked the members to think about whether or not they wish to continue with their current liaison appointments.

MOTION by JM, seconded by EL to approve the Change of Manager request received from W.L.S. Restaurant Concepts, Inc. d/b/a The Arizona Pizza Company from Gina Kirchner to Judith Kelly.  5/0 vote.

MOTION by EL, seconded by CG to accept the return of the A/A license from Halpin’s Grub & Grog, Inc. d/b/a Halpin’s Grub & Grog and the W&M license from Jonale, LLC d/b/a Love Dog Cafe.  5/0 vote.   MOTION by CG, seconded by KF to terminate, rescind and cancel said licenses.  5/0 vote.  MED to notify the ABCC of these votes.

JM recused himself from the following discussion.  The Board discussed allowing establishments to serve liquor on Sundays beginning at 10am rather than at noon time.  A representative from Haven was present, stating that they often receive requests for an alcoholic beverage prior to noon on Sundays.  DR stated that he wondered what Pittsfield was doing as he did not want to put Lenox establishments at a disadvantage.  MOTION by CG, seconded by KF to accept MGL Chapter 138, Section 33B which would allow the earlier serving time on Sundays, plus Memorial Day and Christmas Day, to all liquor licensees except Package Store license holders.  4/0 vote.

Kennedy Park:  Sonya Bykofsky had several issues that she wanted to address:  1) The power lines have been cleared of kiwi vines.  However, she was wondering if the power lines could be buried rather than overhead.  It was agreed that this should be a conversation between the affected homeowners and their electrician.  2) She brought up the recent letter sent to Kennedy Park abutters reminding them about cutting trees on Kennedy Park property.  She asked who she should call if she saw someone cutting.  The Board agreed that the Tree Warden would be the appropriate individual.  3) She asked that the Kennedy Park Committee have a mailbox downstairs.  In addition, she asked that their Minutes and Agendas be posted on the Town’s website.

The Board reminded everyone of the need to create a 5-member citizen’s town manager screening committee, and asked anyone interested in serving to submit a letter of interest by May 24.  They then briefly discussed which firm to hire to assist in the hiring process.  MOTION by JM, seconded by EL to utilize the firm of MRI at a cost not to exceed $15,000, with advertising to be an extra cost.  5/0 vote.

Consent Agenda:  MOTION by KF, seconded by JM to approve a one-day W&M license to the Lenox Library for 6/15 from 5:30-7:30pm in the Welles Gallery and Reading Room, to approve a one-day W&M license to the Lenox Library for 9/14 from 5-8pm, to approve a one-day W&M license to the Lenox VFW for 5/27 from 1-4pm at the Academy Building and  to approve a one-day W&M license to the Lenox Dale Fire Company for 5/24 from 4pm-midnight.  5/0 vote.  MOTION by CG, seconded by KF to approve a sandwich board sign at Brava, 27 Housatonic Street.  5/0 vote.  MOTION by JM, seconded by CG to grant permission for the Rhubarb Festival to hang a banner across Main Street from now through 5/25.  5/0 vote.  MOTION by JM, seconded by KF to grant the Rhubarb Festival permission to utilize Roche Reading Park for the festival.  5/0 vote.  MOTION by KF, seconded by CG to approve a $1000 grant to the Rhubarb Festival, as recommended by the Events Committee, with an accounting of the event to be submitted to the Board.  5/0 vote.  MOTION by JM, seconded by KF to grant approval for the Brock Trot to occur on 9/29, to utilize town roads, hang banners at the starting line near the Monument and to allow the use of amplified sound during Apple Squeeze and at the grounds of Shakespeare & Company.  5/0 vote.  DR announced that there is a vacancy on the Environmental Committee and that anyone interested should submitted a letter to the office.  In addition, there is a vacancy on the Planning Board.  Should anyone wish to be considered for this vacancy, they should submit a letter of interest to the office.  

MOTION by CG, seconded by EL to grant permission to allow an exercise class to utilize Lilac Park for one hour on six consecutive Tuesday evenings starting 5/21 from 5:30-6:30pm at a total rental fee of $50.  5/0 vote.

BOS Reports: EL stated that the Community Center project is moving along nicely.  There are plans for a new score board to be installed in the Lenox Dale ball field.  Paving bids will be opened tomorrow.  There is a job opening for a clerk in the Assessors/Inspections Department.  He is still working on parking signs for the downtown area.  He stated that Chief O’Brien will be sending letters to business owners requesting that their employees park in the public lot behind the bank rather than on the street.  KF stated that he recently attended a MA Economic Development spring conference, and made several good contacts.  He asked for some assistance regarding the donation of sculptures to the Town.  It was agreed that KF, DR and CG would work together.  He asked that the Events Planner make a brief update at the May 29 BOS meeting.  He suggested that the Board hold an Executive Session with legal counsel prior to the June 18 Kennedy Park court hearing.  He mentioned that there are plans in the works for a 2014 Lenox Jazz Festival.  JM stated that now that the Conservation Restriction for the watershed lands has been approved, the entire area needs to be professionally surveyed, and legal descriptions written up by Town Counsel.  The Open Space Plan will be finalized shortly, and it is recommending a Parks & Recreation Committee be established.  CG asked that ADA requirements be placed on the May 29 BOS agenda.  The Planning Board is working on sign by-laws and medical marijuana guidelines.  He reminded everyone that even though the proposed Hilton on Route 7 & 20 is not in Lenox, it will still impact us.  DR mentioned that Time Warner may be eliminating Channel WWLP, leaving us with virtually no Massachusetts coverage.  The Laurel Lake Association wrote to the Board seeking a letter of support for a grant that they are pursuing.  The TM was directed to write said letter.

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