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The Select Board has reached a deal with the owners of the Berkshire Mall that will dissolve the road district and erase the mall's debt, should town meeting and the Legislature agree.

Lanesborough Settles With Mall Owners to Dissolve Baker Hill Road District

By Brittany PolitoiBerkshires Staff
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LANESBOROUGH, Mass. — The Select Board has decided it is time to say goodbye to the Baker Hill Road Road District. 

On Monday, the Select Board unanimously approved a settlement with the Berkshire Mall's owners that pays the town $1.1 million for the dissolution of the district through a home-rule petition. This will require approval at town meeting and a special act of the Legislature. 

Owners JMJ Holdings will have to provide a signed development and purchase agreement 30 days before the town meeting. 

"I think it's time. There's been a lot of controversy around this, and I think that we're at a point in time where the town needs this to be resolved, and we need the mall property to be developed, and this is the first step to do this, to develop this property," Select Board member Jason Breault said. 

"If we keep going on and on with this whole thing, we're never going to see this being developed. We're never going to see this progress. So I think if we do this, we dissolve this, we get this moving, I think it will be positive for the community, it will be positive for taxpayers, it will be positive overall." 

The Berkshire Mall closed more than five years ago and has sat vacant since. The road district filed a suit against JMJ for unpaid taxes for the Route 7/8 Connector Road; dissolving the district will forgive that debt. 

The intent is to get the state to take over the Connector Road.

Chair Deborah Maynard feels this is a "giant" win for the town and stands wholeheartedly behind the agreement developed by herself, Town Administrator Gina Dario, town counsel, and representatives from JMJ. She said the decision is not taken lightly by Select Board members. 

"I'm really hoping that people at the town meeting will see that this is good," she said. 

"In the long run, this is really good for the town, and we'll get things moving over there and get us back on track." 

Maynard read the full agreement into the record. It states that Lanesborough and JMJ intend to dissolve the Baker Hill Road District and revitalize and develop the Berkshire Mall. A month before the decision goes to town voters, JMJ is required to provide the development and purchase agreement, which is subject to Select Board approval, and put $1,116,168 in escrow. 

The board will submit a home-rule petition to the annual town meeting or a special town meeting that requests dissolution of the independent, special-purpose municipal district. If approved, a special act will be submitted to the state Legislature within 45 business days. 

Under the agreement, funds are released when the road district is dissolved. 


"The special act text shall include a provision that includes a complete, final, and irrevocable release of any and all debts owed by JMJ to the Baker Hill Road District upon the dissolution of the Baker Hill Road District," Maynard read. 

"Upon dissolution of the Baker Hill Road District through the Legislature, the escrow funds identified in Section 2 shall be distributed immediately to the town and shall be the sole property of the town." 

Though he voted in favor of the agreement, Select Board member Michael Murphy initially expressed concern about approving the settlement when JMJ and the road district are in court. State Rep. John Barrett III's office reportedly advised the town that JMJ's debt to the district would be waived if the district were dissolved through this special legislative act. 

"They will be monies that are just wiped clean, like wiping the slate clean," she said. 

JMJ's consultant, Timothy Grogan, of Housing Development Corp., said if Lanesborough continues to haggle over $500,000 in a lien, nothing will happen at the mall, and they will wait for litigation. 

"The math doesn't make sense to wait," he added. 

When asked about development plans, Grogan said retail will certainly be built, and that they are waiting on Target to approve housing efforts on the site. Target owns its building separately from the mall.

JMJ announced its partnership with Integritus Healthcare last year to bolster its plans for hundreds of senior housing units. 

"We are continuing conversations with Target, and they would like to see this process be far further along before they make any representations whatsoever about the ability to do housing," Grogan said, adding that the store would have to support an amendment to the site use. 

"… It's completely up to Target's discretion. We're trying to play as nice as possible, and generally just make more progress with developing the property so that we can show the same amount of intention to Target as we're showing to you to get this underway." 

During public comment, resident Rebecca Belmont urged the Select Board to accept the agreement.  She said the district was created for a specific purpose that has now been fulfilled, and keeping it in place only creates unnecessary conflict, duplication, and expense.

The road district was created by a home-rule petition in 1989 to manage the connector road and oversee its debt. Murphy said the district raised $10 million for the road that did not come out of the town's pocket. 

"Dissolving the district restores accountability to the town's regular, duly elected bodies, and moves us toward transparency, fairness, and a clean path forward," Belmont said. 


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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