Lenox Select Board signs Adelphia contract, tables CTSB

By Kate AbbottPrint Story | Email Story
Feb. 26, Selectman Janet Pumphrey brought before the Lenox Select Board the contract with Adelphia Cable that she and the other members of the Five Town Cable Advisory Committee have been negotiating for the last two years. The CAC has met often weekly, and has retained an attorney who specializes in cable contacts. He and Chair Malcolm Chisolm feel the contract they have produced is the best they have seen in the Commonwealth, Pumphrey said. Whenever Adelphia tried to deny the CAC something they wanted, she said, they would find another contract Adelphia had signed with other towns, granting it. Pumphrey summarized the new contract’s advantages. Adelphia would set up remote origination points— installed cameras and hook-ups for film equipment— at the Lenox Town Hall, Lenox Memorial High School and Morris Elementary School. The contract specifically required Adelphia to install broadband fiber-optic cable in South County within three years. If they failed, the agreement would be halved, from a ten year to a five-year contract. Within six months of the installation, Adelphia must offer high-speed internet access to its users. To help ensure that cable was laid on schedule and reception was decent, Adelphia would post a $25,000 performance bond, which would pay damage if Adelphia performed inadequately. They could reduce the bond to $10,000 after the broadband cable upgrade. Adelphia also guaranteed universal coverage: any residence with electricity and telephone would get a cable hook-up at the ordinary rate, no matter how far it was from the nearest extension of the cable system. Adelphia must install cable service to any residence passed by cable within 14 days after the residents asked for it. Adelphia also owed customers a rebate if service was interrupted for 24 hours or more. The contract insisted Adelphia establish a procedure to resolve customer complaints. Every three years, Adelphia would send customer surveys on installations, billing and repairs. Once a year, it would provide for programming surveys on a frequently watched channel. The town could hold open performance evaluation sessions once a year. If the town received at least eight written complaints from subscribers, and Adelphia had been notified by them about signal quality within the last 21 days, the town would notify Adelphia, and Adelphia must correct the problem. Adelphia also agreed to provide more support for the local Public, Educational and Government (PEC) access provider: Adelphia would pay the town or the access corporation four percent of its gross annual revenues, for the access corporation’s salary and operating expenses (increased from 3 percent in the old contract). It would provide $50,000 in capital funding, and would add two additional channels within six weeks of the Adelphia upgrade. For the purpose of determining the access station’s share of the profits, ‘gross annual receipts’ would include receipts from internet services, if Federal law is changed to allow towns to use these funds. CTSB The select board also reviewed the CAC’s proposed agreement with Community Television of South Berkshire. This contract extended only for two years. If CTSB’s performance did not improve within the next year, towns could seek competing proposals. The contract also included damages for failure to perform, and allowed towns to withhold funds from the access corporation. If the agreement ended, all of the access corporation’s property would be transferred to the towns in which it lay. And the access corporation must report regularly to the CAC. Chair of the Select Board William ‘Smitty’ Pignatelli asked whether the CAC could do anything about Adelphia’s duplicating channels and rate hikes. Pumphrey said those were exactly what the CAC could not regulate. Towns had no authority to govern Adelphia’s commercial rates. The CAC had investigated the town’s options, and found the contract as it stood the least burdensome. If a town refused to sign the renewal license, to put pressure on Adelphia to lower its commercial rates, the select board would have to establish that the rate was ‘unreasonable’; Adelphia would sue in Federal Court, and the town would need hugely expensive specialist representation. Pignatelli also showed concern over Adelphia’s extremely shaky financial condition. Pumphrey said it was all the more important for owners to sign a contract, so that if Adelphia went entirely belly up, the town would have a contract to present to the next provider that stepped up. The board voted four to one to sign the Adelphia contract; Pignatelli remained opposed. They tabled the CTSB contract for more information. Selectman Timothy Doherty asked whether there was anyone else who could provide public access coverage to Lenox. CTSB’s programming has been inaudible and with a lot of static. Pumphrey said the CAC knew of one other possible person who did not yet have the equipment to offer public access programming — but might, by the time the CTSB contract expired. Pignatelli clarified that the money that funded CTSB was collected directly from Adelphia’s bills to subscribers. The town had no part in that process. Town Manager Gregory Federspiel and Pumphrey said that if the select board did not sign the contract with CTSB, CTSB would not get its funding from Adelphia. The contract, they reminded the board, set a performance standard and allowed towns to collect if the standard was not met. The CTSB contract used to be a part of the Adelphia contract, Pumphrey said. It had been separated out to give towns more control over the access station’s performance. Selectman Robert Akroyd and Doherty asked what would happen if the board did not sign: would the customers get a break on their cable bills? Pumphrey did not think so. Federspiel said he believed Adelphia was required to collect funding for an access station, whether or not Lenox signed. The board tabled the decision until he could find out for certain. In other business, the board agreed that Lenox could become CORI (Criminal Offender Record Information) certified. This process would run a background check on town volunteers who would work with children. Federspiel and the director of the community center would be eligible to receive this information. Pignatelli asked that only the police chief be privy to the CORI results. Federspiel said he would be more comfortable with that, actually. The board also approved the Fire Department’s use of Federal Grant funds to purchase an ATV and trailer, to carry equipment to fires and rescues on mountain slopes. The grant funds will also provide an infrared camera, and flashlights and radios that would not explode in hazardous circumstances. The board also confirmed Mitchell Kellar as a part-time firefighter and EMT. James McGrath, Pittsfield’s new director of community services, asked for and received confirmation that Lenox wanted to be part of Pittsfield’s weed harvesting program in 2003. The Lenox Environmental Committee asked the board’s endorsement for a Takeback Resolution: if it passed, manufacturers of consumer electronics would be encouraged to take back and recycle hazardous electronic parts, like the cathode ray tubes in televisions. Truck ban on New Lenox The board moved to support a truck ban on New Lenox Road, and to ask Pittsfield to support the ban on the road after it crossed the border. Selectman Terence Field, Doherty and Federspiel gave an update on the state of the reservoir repairs: the project should be out to bid by April. The price had risen, not for any extraordinary reason, but simply in adding up the components: a new gatehouse and spillways in the lower reservoir, and new spillways and upstream valves in the upper spillway, and repairs to the dam. They would regrade and flatten the dams, and raise them two feet. They needed to widen and reduce the spillways to bring the dam up to code, so it could withstand large storms. If Lenox saw a 24-hour storm with six to eight inches of rainfall, both dams could go. Federspiel said the estimate stood now at $3 million, and it could go higher. The largest unknown would be filler. The contractor hoped to be able to use gravel from the site. Soil samples indicated there was enough soil over the ledge there. But if the season was wet, the gravel might be too wet to use. Finally, in a public hearing on water and sewer rates, the board set 2003 rates as Department of Public Works Jeffrey Vincet asked: water $4.35 a gallon; sewer $365 a gallon; sewer flat rate $117; water and sewer tie-in fee, $4.37 a gallon; and a ten percent penalty charge on outstanding fees.
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Friday Front Porch Feature: A Charming House Like New

By Breanna SteeleiBerkshires Staff

The home prior to renovations.

NORTH ADAMS, Mass. Are you looking for a newly renovated home with great space? Then this might be the perfect fit for you!

Our Friday Front Porch is a weekly feature spotlighting attractive homes for sale in Berkshire County. This week, we are showcasing 100 Autumn Drive.

This three-bedroom, two-bathroom split level was built in 1965 and is 1,396 square feet on 0.32 acres.

The house was completely renovated recently. It includes a one-car garage, and comes with appliances including a dishwasher and stove/oven, and other major appliances.

The house is listed for $359,500.

We spoke with owners Michael Zeppieri and Chris Andrews, who did the renovations. Zeppieri is an agent with Alton and Westall Real Estate Agency.

What was your first impression when you walked into the home?

Zeppieri: I purchased this home to do a full renovation flip and saw tremendous potential in this mid-century split level home that had not been updated since it was built in the 1960s, in a great North Adams neighborhood.

 

Andrews: The house was a much different house when we first purchased it in 2022 (photo attached is from about 2010.)  The interior was painted all in dark colors and we brightened it up with neutral colors. The transformation makes you feel like you are in a totally different house.  

 

 

What were the recent renovations, any standout design features?

 

Zeppieri: The house has had a complete reconfiguration including new kitchen with high-end appliances, ceramic tiled baths, hardwood floors, new windows and roof ... just to name a few.  All a buyer has to do is move in and enjoy.

 

Andrews: Yes, we renovated the entire house.  New windows, new roof, all new custom black gutter system, new blacktop driveway, hardwood floors were installed through out the house. New kitchen and bathrooms as well as painting the exterior and interior of the house.  New paver patio in the back yard.

 

What kind of buyer would this home be ideal for?

 

Zeppieri: The buyer for this home could be a first-time homebuyer or a retiree ... the location is close to attractions in North Adams ... and the property is located in Autumn Heights, which is a very small residential development with several long-term owners.

 

Andrews: This home is truly ideal for a variety of buyers. Whether a first-time homebuyer, a small family or even someone looking to downsize from a larger home.

 

 

What do you think makes this property stand out in the current market?

 

Zeppieri: The location, price and move-in condition of this home make it a true market leader in the North Adams Market.

 

Andrews: This house is completely renovated and in a desirable location of North Adams. The natural light in the home really makes the interior pop. And with all the upgrades the home stays quite cool in the summer months.

Do you know any unique stories about the home or its history?

Zeppieri: This home was built for the Gould family in 1969 and they lived there till 2010. It was always a family home during that time in which the Goulds had two children ... and Virgina Gould managed Mohawk Forest Apartments and was a very active resident of North Adams.

 

Andrews: Built in about 1965.

 

What do the current owners love about this home?

 

Zeppieri: As the current owner it was a fun project to transform this home and get it ready for its next adventure with a new family to enjoy for many years.

 

Andrews: No one has lived in the house since we purchased the home. The new owners would be the first to live in the house since the renovations have been completed.

 

 

What would you say to a buyer trying to imagine their life in this space?

 

Andrews: I would suggest seeing the house either on a sunny day or at twilight to really get a vision of how special the home feels.  

 

You can find out more about this house on its listing here.

*Front Porch Feature brings you an exclusive to some of the houses listed on our real estate page every week. Here we take a bit of a deeper dive into a certain house for sale and ask questions so you don't have to.

 

 

 

 

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