BRTA Board OKs Contract for Administrator, Reviews Open Meeting Complaint

By Breanna SteeleiBerkshires Staff
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PITTSFIELD, Mass. — The Berkshire Regional Transit Authority Board finalized the new administrator's contract on Thursday.

Kathleen Lambert accepted the position in September pending contract negotiations. The negotiations were halted at the board's meeting on Oct. 14 as they failed to have a quorum.

On Thursday, the board revised the language for the termination clause for performance reviews so they can be done as needed.

The BRTA also spoke about language for a response to an Open Meeting Law complaint made by board member Rene Wood.

Wood said the board violated Open Meeting at its meeting on Sept. 25, when they were speaking about the contract negotiations because it wasn't listed on the agenda. The agenda item was listed as "Administrator Search Update."

Executive Director Roobert Malnati was asked to respond to Wood and the violation. One of the requests was for legal counsel to offer an Open Meeting Law class to the board . 

"Legal counsel presented in person or Zoom class or Open Meeting Law, including this section that was offered back at our previous meeting in August, it will be offered again that we invite KP Law to provide an Open Meeting Law class if that is so desired," Malnati said.

Another note Wood added was for the board to remove a sentence from the Sept. 9 minutes regarding Pittsfield Mayor Peter Marchetti's statement that Wood asking in the meeting for the advisory board to vote on Malnati writing a letter of support for Rep. Leigh Davis' microtransit bill was in violation of Open Meeting law.

"The minutes are the minutes. And so you want clarity on that. We can certainly give clarity to who made that statement, but it was part of that meeting. It was part of that discussion, and it should stand, and it's an opinion that was stated," Malnati said.

Marchetti clarified that he should not have stated it in that way but that it was still discouraged from being discussed.

"The frequently asked questions is pretty clear that you should not be bringing up a topic, and the Attorney General's Office strongly encourages that you postpone any discussion or action on an item," Marchetti said. "What if it's controversial or maybe of particular interest to the public? And I think the issue that we were going to discuss with Rep. Davis is microtransit bill, which I think is highly something that the folks in the public want to know more about.

"So going forward, I would have been against the recommendation of the thing. My misspeaking and saying it's a violation of Open Meeting Law, it's not a violation, but it's strongly encouraged not to do it." 

The board motioned to for Malnati's response.

Malnati also brought up that the ridership number for September is 29 percent higher than the former September where it was not fare free. "Fare free is helping our ridership" he stated.


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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