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The Berkshire Mall owners keep negotiating with the town over the future of the independent road district.

Berkshire Mall Owners Make New Offer to Dissolve Road District

By Brittany PolitoiBerkshires Staff
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LANESBOROUGH, Mass. — The Berkshire Mall owners are now offering the town a $1.1 million payment to dissolve the Baker Hill Road District. 

This was reported during last week's Select Board meeting, and a draft agreement is in the works that requires the board's approval to move forward. Chair Deborah Maynard explained that negotiations with JMJ Holdings have resulted in a revised proposal that drops the ask for a 10-year tax increment rebate. 

"The town has engaged KP Law to draft a proposed settlement agreement that would require Select Board approval, but in order to protect the town, the Select Board would be looking for a certainty of a development or partnership from JMJ," she said. 

"So we've been going back and forth trying to come up with a solution that both parties would be in agreement to before it is brought to the full Select Board." 

Maynard noted that this would need an affirmative town meeting vote to proceed, and that the decision is not solely on the Select Board. The town's attorney advised that dissolving the BHRD, an independent municipal district that is the taxing authority for the Route 7/8 Connector Road, would require the approval of an agreement between the two entities at the annual town meeting. 

The road district was created by home-rule legislation decades ago and would have to be dissolved by the Legislature. 

"Any voter would be eligible to come and voice their opinion on whether or not this agreement would go forward," the chair said. 

"So even though the Select Board has to approve it to get on a town meeting warrant, just know that we are always looking out for the best interest of the town, and that we definitely would include the town's reaction to this proposal." 


Town Administrator Gina Dario reported that the draft agreement is now back with JMJ, and town officials are waiting for additional comments before sending the agreement to the Select Board for a vote.  These funds would address the gap in revenue from unpaid taxes to the road district. 

"We're encouraged by this dialogue, and we think, based off the draft provided, that there's a deal to be made," said Timothy Grogan, of Housing Development Corp., on behalf of JMJ.

"… We will be providing comments shortly, and, just generally, feel like this is in a better place now where we can move forward in good faith." 

JMJ and the Baker Hill Road District remain in a standoff over unpaid taxes for the Route 7/8 Connector Road. JMJ argues that they are being underrepresented and overtaxed by the independent municipal district and want it dissolved, while the BHRD wants to take the mall back. 

The property owner previously offered the town a $1.25 million loan to dissolve the road district in return for an incremental rebate that caps the property's post-development value at $20.5 million for 10 years.  The town is hoping the Connector Road would be taken over by the state Department of Transportation, although there is no confirmation of this. 

During public comment, before it was announced that the tax incentive asks were dropped, BHRD attorney Mark Siegars, speaking as a private citizen, brought up several concerns about the legality of the $1.25 million offer. He asked that the town allow 1,000 homeowners to lend the town $125 each to raise the gap funding. 

"This agenda item is termed 'settlement.' What are you settling? You don't have any lawsuits against JMJ. You don't have any claims against JMJ. Only the road district does and the water district," he said. 

"So this is a misnomer about a settlement, because nobody's ever disclosed to the community that I'm aware of what it is you're settling. They paid their taxes. They don't owe you a thing. You don't have any lawsuits against them, so what is this settlement?" 


Tags: Berkshire Mall,   

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BRTA Focuses on a New Run Schedule

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Berkshire Regional Transit Authority is still working on maintaining its run schedules after dropping the route realignment proposal.

Last Thursday's meeting was Administrator Kathleen Lambert's first official meeting taking over the reins; retiring director Robert Malnati stayed during a transition period that ended last month.

Lambert is trying to create a schedule that will lessen cancellations. There was a two-hour meeting the week before with the drivers union to negotiate run bids and Lambert is working with the new operating company Keolis, which is taking over from Transdev.

The board spoke about anonymous emails from drivers, which Lambert said she has not seen. iBerkshires was not able to see those letters, but has received some. 

"They were lengthy emails from someone describing themselves as concerning BRTA employee, and there was a signed letter from a whole group of employees basically stating their concerns. So, you know, to me, it was a set of whistleblowers, and that, what my understanding is that this really triggers a need for some type of process to review the merits of these whistleblowers, not going to call them accusations, but basically expressions of concern," said member Stephen Bannon.

A letter iBerkshires received spoke of unhappy drivers who were considering quitting because of decisions being made without "input from frontline staff," frustration and falling morale, and the removal of the former general manager shortly after Lambert came in.

Lambert said it's difficult to navigate a new change. She also noted many drivers don't want to do Saturday runs and it has been hard negotiating with drivers on the new runs.

"I would like you all to keep in mind that the process of change is super difficult. Transdev has been here for 20 years, and some of these drivers have never known any other operating company, the way some of the operations have been handled has been archaic," she said. "So getting folks up to speed on how a modern transit system works is going to be painful for them. So I don't want to say that I'm unsympathetic, because I am sympathetic, but I am trying to coax people along with a system that's going to seem very strange to them."

The board spoke about better communication between them and Lambert, citing cooperation will be best moving forward.

"There's just a lot of stuff in the air right now, and there are a lot of fires to put out to make this a coordinated effort. And if we don't keep our communications open and be straightforward, then you get blindsided about how you know the input that you could get from us about your position, and how you know what's going on in your direction, and we get blindsided. And I think that we have to make sure that this is a collaboration," said member Sherry Youngkin.

"Both sides have responsibilities, because in the long run, this advisory board is going to have to make decisions as to how we brought forward and if we've gone forward in a fair and helpful way. And I think that's hopefully what everybody is looking for also." 

Transdev and Keolis held a three-day recruiting event interviewing almost 40 candidates and offering jobs to eight, but only three stayed on to start training. Lambert said it was disappointing but she will keep trying to retain more people.

In her first report to the board, she noted that ridership dipped a little over 10 percent, but still remains higher than last year, adding that was because of cancellations of services because of the lack of drivers.

Like the last meeting, some of the advisory board members were torn over the start of the Link413 service, worried that the start of the service took drivers away and the numbers of riders are low.

Lambert, however, said the ridership has doubled from last month.

"As I've spoken before, we have, generally, a six-month adoption for brand-new service before you can really go in and evaluate, are you being successful based on the grant that my predecessor wrote along with the team for PBTA and RTA, we are ahead of schedule, which is pretty good, so I'm hoping that will continue to improve," she said.

Member Renee Wood said the board never approved the service, adding the only thing she could find in the minutes was a vote to accept the equipment. She said it was supposed to be put on the agenda to discuss.

"The Link413 service has been three years in the making. It's been a grant that was accepted and has been working with our partners, PVTA and FRTA, to put into place. So I don't have the entire history of how that process worked, but it's been three years in the making, and did we not understand that once we accept that grant that we were going to put in new service?" Lambert said.

The board discussed if Title VI, the Civil Rights Act, was followed with an accurate review and accurate amount of time for public comment period on the service changes and if its attorney should review if the  grant conditions were properly followed.

Lambert said changes had the 60-day comment period included in the proposed route realignment packet, giving the opportunity for the community to respond to that as well but will look into the legality of the situation with their attorney.

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