BRTA to Update Bylaws After Complaint

By Breanna SteeleiBerkshires Staff
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PITTSFIELD, Mass. — The BRTA board met last week to update its bylaws and resolve an Open Meeting Law complaint.

Earlier this month the BRTA Advisory Board met to discuss an Open Meeting Law complaint expressed by board member Rene Wood who alleged that the search for a new authority administrator "was not properly noticed for the average person to understand." 

Her complaint stated that no agenda posted for a search committee meeting in July when potential candidates were moved forward, and insufficient information was provided for the June meeting during which members were appointed to the task. 

Last week, the meeting started with a board member Ray Killeen saying excluding the public was not his intention.

"It wasn't discussed, but I'd like to add within minutes that there was no intent to exclude anyone from the meeting, and anything considered just an error or small misunderstanding on our part, but I just want to make note there was no intent to exclude anyone, that's my opinion," said Killeen. 

BRTA Administrator Robert Malnati touched on the amendments to the bylaws, which have not been updated since 2013. Malnati said staff went to work right after the meeting to address Wood's complaint.

"Based on the information that we talked about at the board meeting, the applicants were emailed out to the board members, and the current bylaws were emailed out to the board members with instructions that you have suggestions on edits for the bylaws," Malnati said.

The edits that were sent by members will be considered when the new document is updated. The complaint also asked the process for selecting a new administrator be updated, This time, each board member was sent applicants resumes with unique identifiers instead of names and each were asked to rank the candidates for to review in last Thursday's meeting.

Malnati also reviewed the bylaws and came to a resolution.

"Later on the afternoon, I sent an email to the board with a unique identifier and the resume of the party that had applied past the cutoff, published deadline, and then at the end of that day, later in the evening, received an email from the complainant saying we addressed all issues, and I believe we came up with a resolution accepted," he said.

Wood made a motion to have the first draft of the BRTA bylaws done by KP Law, which was quoted to not exceed $2,500.

Wood also asked to add an amendment to bring a non-voting member of the Berkshire Regional Planning Commission to the advisory committee. 

It was also mentioned to make the location of the meeting and agenda more accessible.

The board is also required to attend an Open Meeting Law training to which Malnati has already completed and received certification.


Tags: BRTA,   open meeting complaint,   

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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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