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Selectmen's Minutes 08/21/2013
Minutes of Meeting – August 21, 2013; meeting called to order at 6:00pm.  Present:  Ken Fowler; Ed Lane; Channing Gibson; Dave Roche; John McNinch.

By roll call, CG, EL, JM, DR and KF voted to go into Executive Session at 6:05pm to discuss a contract for the new town manager, and to return to open session by 7pm.

At 7:00pm, the Board re-entered open session to begin their regular agenda.

Citizen’s Open Forum: Kim Flynn from the Events Committee informed the Board that her committee voted to recommend that the Town grant $1500 to the Concerts in the Park series.  They believe that these concerts are advantageous to the downtown merchants and bring life into the center of town.  While the Board agreed that they will grant $1500 to the Concerts in the Park series, they have a policy to not vote on this type of item the first time it appears on the agenda.  Accordingly, they agreed to place it on the agenda of their next meeting.  JM suggested that he would like to see more venues open after the concerts to give people something to do.  DR suggested that she come before the Board earlier in the year next year.  Roberta Russell asked the Board to consider not signing a renewal contract with Time Warner Cable.  She explained all the issues she has encountered with them.  DR stated that we cannot refuse to sign a contract with TWC, but suggested that she look into Direct TV or some other option.

MOTION by CG, seconded by KF to accept the Minutes and Executive Minutes of August 7 as presented.  5/0 vote.

The Board met jointly with the Planning Board to appoint a new member to their board.  By roll call vote, Dave Roche, Ken Fowler, John McNinch, Channing Gibson, Ed Lane, Katie McNulty-Vaughan, Steve Sample and Mark Smith, voted to appoint  Kameron Spaulding as a member of the Planning Board until May 2014, at which point he will need to run to complete the final year of the unexpired term of Kimberly Flynn.

Town Planner Mary Albertson gave a brief update on the economic development strategies that were discussed at a meeting held last week with John Connery.  She explained that the Town needs to view community development and economic development as being the same thing.  It’s a balancing act trying to determine what property tax revenue equals the costs associated with it.

Clark Rowell from UniBank and Treasurer Marie Duby appeared before the Board to obtain the Board’s approval on the sale of bonds for the Town.  The Town is selling bonds totaling $4.1 million to Robert W. Baird & Co., Inc.

MOTION by JM, seconded by KF to vote as follows:  That in order to reduce interest costs, the Treasurer is authorized to issue refunding bonds, at one time or from time to time, pursuant to Chapter 44, Section 21A of the General Laws, or pursuant to any other enabling authority, to refund all of the Town’s $5,000,000 General Obligation Municipal Purpose Loan of 2003 Bonds dated August 15, 2003 maturing on October 15 in the years 2014 through 2022 (inclusive) (collectively, the “Refunded Bonds”) and that the proceeds of any refunding bonds issued pursuant to this vote shall be used to pay the principal and interest on the Refunded Bonds and costs of issuance of the refunding bonds.

                Further Voted:  that the sale of the $4,100,000 General Obligation Municipal Purpose Loan of 2013 Bonds of the Town dated September 3, 2013 (the “Bonds”), to Robert W. Baird & Co., Inc. at the price of $4,194,369.48 is hereby approved and confirmed.  The Bonds shall be payable on October 15 of the years and in the principal amounts and bear interest at the respective rates, as follows:



Year

Amount
Interest
~~~Rate~~~

Year

Amount
Interest
~~~Rate~~~

2014
$515,000
2.00%
2022
$230,000
3.00%
2015
530,000
3.00
2023
120,000
3.00
2016
195,000
3.00
2024
125,000
3.00
2017
200,000
3.00
2025
125,000
3.125
2018
205,000
3.00
2028
405,000
3.75
2019
210,000
3.00
2031
460,000
4.00
2020
215,000
3.00
2033
340,000
4.10
2021
225,000
3.00

        Further Voted:  that the Bonds maturing on October 15 in the years 2028, 2031 and 2033 (each a “Term Bond”) shall be subject to mandatory redemption or mature as follows:  


Term Bond due October 15, 2028
Year
Amount
2026
$130,000
2027
135,000
2028*
140,000
        
*Final Maturity


Term Bond due October 15, 2031
Year
Amount
2029
$145,000
2030
155,000
2031*
160,000
        
*Final Maturity


Term Bond due October 15, 2033
Year
Amount
2032
$165,000
2033*
175,000
        
*Final Maturity

        Further Voted:  that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated August 13, 2013, and a final Official Statement dated August 20, 2013 (the “Official Statement”), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.

Further Voted:  that the Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement.

Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time.

Further Voted: that we authorize and direct the Treasurer to establish post issuance federal tax compliance procedures in such form as the Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds.

Further Voted:  that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes.

        I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda included the adoption of the above votes) was filed with the Town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours in or on the municipal building that the office of the Town Clerk is located or, if applicable, in accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Bonds were taken in executive session, all in accordance with G.L. c.30A, §§18-25 as amended.  5/0 vote.

Kevin Sprague from Studio Two appeared before the Board at their last meeting, offering several options with regard to advertising via Google ads.  At that time, the Board asked for time to review his proposal before taking any action.  CG has spoken with Kevin Sprague regarding advertising.  CG suggested that we move forward with the four fall months (September-December) and see what the data shows.  Other members of the Board concurred.  JM asked to have Kevin Sprague come in every three months or so to review this issue with the Board.  MOTION by CG, seconded by KF to spend $5600 on Google display ads from September-December 2013 at a cost of $1400/month, $47/day, and up to $1000 in design costs with Studio Two to accomplish this advertising.  5/0 vote.

Consent Agenda:  DR read the items on the Consent Agenda.  MOTION by CG, seconded by KF to grant a temporary banner request to Frances Heaney, on behalf of the Housatonic Valley Art League, for October 13-October 26 at the Welles Gallery at the Library;  to grant a temporary sign request to the Lenox Children’s Center for August 24 in the front of Lilac Park and to appoint John Tansey and Linda Miller to the Cable Advisory Board.  5/0 vote.
BOS Reports:  EL stated that DPW projects are moving forward, although at times he is frustrated with the momentum and scheduling.  He mentioned that the Community Center is offering an evening at The Mount.  KF stated that he spoke with Beth Greenblatt about our solar project, and feels that it is moving along.  He also mentioned that he is continuing to work on the lighting in the bank parking lot.  JM stated that the Open Space project continues to move forward, and that there are ten copies of the report now available.  He also reminded everyone to please sign up for Code Red if they haven’t already done so.  DR informed the group about the discussion held earlier in the evening regarding negotiating a contract with a new town manager which was held during Executive Session.  He stated that the library is on track and on target financially.  He thanked the Curtis for the nice public safety reception they held to thank everyone for their efforts during the fire.  He asked MED to follow-up with Ed Costa regarding the OPEB Memorandum of Understanding.  He mentioned that while the 250th anniversary is a few years down the road, the committee is looking for volunteers.  Lastly, he mentioned that the Historical Commission would like to see plaques installed on all of the historical buildings located within the historic district.  There are 36 buildings.  Each plaque will cost $80 each, and DR would like to see the Town pay for them.  There are approximately 10 private homes and 26 public or non-profit properties.  He asked KF as a member of the Historic District Commission to have them weigh-in on this project.  KF and EL suggested that a pamphlet be put together to hand out for individuals to go around town and see them all.

Meeting adjourned at 8:05pm.


Minutes Taken By: ______________________        Minutes Accepted By: ______________________
                   Mary Ellen Deming                                              Clerk
                   Interim Town Manager                                                Board of Selectmen