Dalton Puts HVAC on Hold, OKs Conservation Agent

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — Voters approved all but one of the four articles on the warrant at the special town meeting that was held on Wednesday at Nessacus Regional Middle School. 
 
More than 40 registered voters attended the meeting, which lasted half an hour, to vote on decreasing fiscal year debt exclusion, amending the cannabis bylaws, and transferring funds for a conservation agent and a heating, air conditioning, and ventilation system at Town Hall.
 
An article that many thought would be a highly discussed article turned out not to be the case.
Voters approved taking no action on Article 2, which would have transferred $350,000 from capital stabilization for the HVAC system in the police station and main floor of town hall.
 
The decision was made after the Select Board recommended voters take no action on this article.
 
The reason was explained during a Select Board meeting an hour prior to the special town meeting. 
 
During that meeting, Town Manager Thomas Hutcheson recommended that they postpone the vote on the HVAC system because of a recent development in the preliminary cost estimate which was not available during last Wednesday's Finance Committee meeting. 
 
Hutcheson said he received an updated preliminary estimate of about $858,000 for both the police station, in the basement of Town Hall, and the main floor. 
 
The cost to complete the HVAC system project would use up all the town's stabilization. 
 
If the town were to just install a system in the basement it would cost about $475,000 which would take up a large chunk of the capital stabilization. This is not recommended and going out to bond for the project is a better process, Hutcheson said. 
 
During the board’s meeting, members recommended that they wait until they have a total cost of addressing all the issues at town hall, including its plumbing, HVAC, and possibility making it Americans with Disabilities Act compliant. 
 
The topic that garnered the most attention was transferring funds for a conservation agent. Voters approved raising and appropriating $15,000 to hire a conservation agent. This will be a contracted, hourly position, not a salaried town employee. 
 
The Conservation Commission's chair stepped down, and nobody has stepped up to take over because of the extensive work it entails. 
 
The job of the commission is to enforcing the state's Wetlands Protection Act and Rivers Protection Act and it has become increasingly technical and requires specialized expertise, Select Board Chair Robert Bishop said. 
 
This includes mitigating floods, reducing pollution and storm damage, and protect wildlife and various wetland resources. 
 
The conservation agent can do a lot of legwork for the chair and commission and make recommendations. The law is ever changing and there is a lot of information that has to be kept up on, Bishop said. 
 
The Conservation Commission receives very little in funding. There is a small amount for expenses, and no funds for staff, Hutcheson said. 
 
He also clarified some residents' confusion because of the unclear language in the conservation agent article, due to its reference to Article 4 from the annual town meeting, which is always the operating budget. 
 
Voters approved Article 4 after some clarification on the language and intent. The article amends the town's licensing bylaws to comply with new regulations set by the Cannabis Control Commission to make it easier for people harmed by marijuana prohibition and enforcement to enter the industry. 
 
The bylaw change allows only social equity applicants to get licenses to sell cannabis in town for the next three years.
 
Hutcheson explained what has been said at several other meetings, that decision should not be a big deal to the town because in the last three years there have only been two phone calls asking about the possibility of opening a cannabis business in town, neither of which followed up. 
 
The Cannabis Control Commission established regulations and programs to help legacy market participants enter the industry. 
 
Municipalities have three options, one of which is to adopt the commission's model bylaw. 
 
"One of those options is a very onerous bylaw that the Massachusetts Municipal Association strongly opposed, and another is setting up internal policy guidelines that would do pretty much the same thing as the very onerous bylaw," Hutcheson said.
 
The option to only accept applicants from the legacy market, is the simplest option, Hutcheson said.
 
Voters also approved the first article, which will decrease the fiscal year debt exclusion line item by $48,668, with little to no discussion.

Tags: HVAC,   special town meeting,   

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Lanesborough Looks to Dissolve Baker Hill Road District

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Select Board is looking to move forward with dissolving the Baker Hill Road District, which is hindering the Berkshire Mall sale.

On Friday, the Select Board heard from Vice Chair Juli Baker and Chair Deborah Maynard on how Tuesday negotiations went with Cypress Equities, JMJ Holdings, town counsel, the town administrator, and state Rep. John Barrett III. 

Baker said that during Tuesday's meeting, everyone agreed the goal was to have a successful sale of the mall for redevelopment as it’s in the best interest of the town.

Baker said Barrett assured them the state is willing to take the Connector Road and that the state is willing to provide grants to the town to renovate the water and sewer infrastructure, with an estimated total of $4.5 million, to facilitate the property's redevelopment.

"We have received assurances from Representative Barrett that the Commonwealth will provide the monies and will take the Connector," Baker said.

While buyer Cypress Equities saw some benefit in keeping the district, it now doesn't since the state is willing to provide the funds and renovate the infrastructure, according to Baker. 

Baker said that in the meeting, Cypress Equities prefers to enter into a tax increment financing (TIF) and will add to the agreement an amount of funding for public safety services, which would have come from the district. She said Cypress said it would rather enter into one agreement with the town than two agreements with the town and the district.

Mall owner JMJ Holdings is willing to pay $350,000 to the town upon closing, Baker said. 

The meeting Friday was to consider moving forward with a dissolution of the district.

"But the decision that it hinges on tonight is whether to move forward to the dissolution of the Baker Hill Road District in some manner," she said.

Baker said she has worked long and hard to see if there was another alternative to this, working closely with the district which has been "very cooperative and very helpful" in making changes.

The district had agreed to make changes to its governance and taxation; agreeing to have a cap for Cypress as well as agreeing to work to have the state take over the road, sending letters of support.

"What changed this for me is that I've always said it's important to have the special district because we get the public safety funding, and it's also important for the economic district to bring the features that an economic district brings because of what we're up against with the infrastructure problems, and the change at this point is that we have a buyer who is willing to supply that public safety money and commit to it over time, along with the TIF that the town would do, which is essential," she said.

"At this point, I feel like it's in the best interest of the town and protects the town the best in terms of a future where we can develop a mall and bring that economic benefit in. You definitely need to reduce taxes, and you cannot do that without a fully developed retail operation right there. So it's been, you know, deeply difficult decision making," Baker said.

Board members Jason Breault and Jeffery Walters agreed it was the best decision to move forward.

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