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Selectmen's Minutes 10/02/2013

Minutes of Meeting – October 2, 2013; meeting called to order at 7:00pm.  Present:  Ken Fowler; Ed Lane; Channing Gibson; Dave Roche; John McNinch.

Citizen’s Open Forum:  Ralph Petillo thanked everyone for making the Apple Squeeze such a huge success.  Due to the large volume of traffic, DR suggested utilizing shuttles next year.  Ralph stated that he is going to try to utilize BU and Shakespeare parking lots for additional parking options.  Phil Halpern came before the Board to discuss transient room/house rentals for less than thirty days that are occurring within Lenox.  He explained that not only are the innkeepers losing customers, the Town is losing its rooms and meals tax.  Other issues of concern include safety features, insurance liability and whether or not these properties should be taxed as commercial.  The Board agreed that this is an issue that needs to be reviewed by town counsel, but that it may take some time.  It may be necessary to propose a zoning by-law change at an annual town meeting.

MOTION by CG, seconded by KF to accept the Minutes of September 18.  5/0 vote.

KF read the notice in the newspaper regarding a request for a new W&M license submitted by Bagel & Brew, LLC.  MOTION by JM, seconded by KF to open the public hearing.  5/0 vote.  Attorney John Martin, representing his client, was present to answer questions.  Hearing none, MOTION by JM, seconded by KF to close the public hearing.  5/0 vote.  MOTION by JM, seconded by EL to grant a W&M restaurant license to Bagel & Brew, LLC as presented.  5/0 vote.

The Board discussed at their last meeting a request from the Lenox Wedding Tour.  MOTION by KF, seconded by CG to grant $2500 from the Advertising Account to the Lenox Wedding Tour.  5/0 vote.

Kevin Sprague from Studio Two came before the Board to update them on the status of the Google ads that they previously voted to have Mr. Sprague place on behalf of the Town.  He explained that it is currently costing $45/day during the current advertising campaign.  There were 2.879 million views to date and 4.899 clicks, which equates to 22 cents per click – a very good return on this investment.

JM gave the Board an update on the Rest of River Intermunicipal Agreement.  He explained that this document spells out how the six communities will work with Berkshire Regional Planning to bring a common voice to the Rest of River issue.  Hopefully, a final document will be ready for the Board to vote on at their October 16 meeting.

Consent Agenda:  DR went through each item on the Consent Agenda, asking if any items needed a Hold placed on it.  A hold was placed on the Cliffwood Street Sewer Replacement Bid Award.  MOTION by JM, seconded by EL to approve the balance of the Consent Agenda which includes the following:  
permission to Phil Rennie to sell Christmas trees at 969 East Street from 11/24-12/25 from 9am-9pm; award the Revaluation Services FY14-18 bid to Paul S. Kapinos & Associates, Inc. for a total cost of $163,500 and authorize the interim town manager to sign a contract for same.  5/0 vote.  EL briefly explained the Cliffwood Street project.  MOTION by EL, seconded by KF to award the Cliffwood Street Sewer Replacement project bid to Caracas Construction Corp. in the amount of $176,175 and authorize the interim town manager to sign a contract for same.  5/0 vote.

BOS Reports: JM stated that he is hoping to submit the Land Management Committee to the Board for a vote at the October 16 meeting.  He explained that the ConCom is the only board that has enforcement power.  He stated that the Strategic Planning Survey is now online, with hard copies located at the Library.  CG stated that the Planning Board is looking into a moratorium on medical marijuana dispensaries, a solar by-law that would deal with large- scale installations and looking at the highest and best use of properties in town as they relate to zoning.  He also mentioned that the Community Preservation Committee is now accepting applications for funding.  EL stated that the paving projects are moving along nicely.  He stated that he believes that there are several recreational projects, i.e., the beach, basketball courts at the Community Center, that should apply for CPC funding.  He also mentioned that the Building Inspector would like to post current building permits on the Town’s website.  KF stated that the Environmental Committee has been talking about a digester machine that turns solid waste into usable energy.  He also stated that the solar project continues to move forward.  The parking lot located behind the bank has been paved, and new lighting should follow shortly.  He mentioned that anyone interested in pursuing a dog park should be in contact with the Board.  DR stated that there are currently three vacancies on the FinCom.  The Library and Housing Authority are doing fine.  He thanked the Board members for all their hard work and time that they put into this job.
By roll call, CG, EL, JM, DR and KF voted to go into Executive Session at 8:25pm to discuss possible litigation, and to not return to open session.

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