Lenox Selectmen violate Open Meeting Law in parking discussion

LENOX – In a clear violation of Open Meeting Law, the board of selectmen has radically altered parking regulations in the town.

The board of selectmen has been examining the issue of parking since Chairman Kenneth L. Fowler brought up the topic at last year’s Oct. 17 selectmen’s meeting, during the selectmen’s reports section of the meeting.

Selectmen’s reports are given at the end of every Lenox selectmen’s meeting. Each of the selectmen update the public on the activities they’ve been involved in as part of their duties, and most reports focus on their work as liaisons to various town committees.

The content of what will be discussed in selectmen’s reports is not posted on the agenda.

At the Oct. 17 meeting, Chairman Fowler complained about how town residents and employees of businesses were taking up parking spaces he felt could be used by shoppers. The chairman spoke in favor of re-imposing hourly parking limits in town, and met with no resistance from any other member of the select board.

It was as a result of this discussion that Selectman Edward P. Lane and Selectman W. David Roche were charged with finding a solution to the parking issue.

At the selectmen’s May 1 meeting, the results of that work came to the forefront in Selectman Lane’s selectman’s report.

He informed the other selectmen that when work was done on Church, Franklin and Housatonic streets a few years ago, the hourly parking signs were taken down.

“We should put signs back up, that’s what we’re going to have to do,” said Selectman Lane.

At the same time, he said, from his conversations with the department of public works, he’d learned that putting permanent signs up, which would necessitate digging down into the pavers, would be a hassle.

He said the DPW had recommended creating temporary signs, which would be used in the summer seasons, and consist of concrete-filled pots with signs in them: “That’s the best idea we’ve come up with so far.”

Selectman Lane said the board would have to decide whether the parking limits would be two hours or three hours, and the consensus was towards three hours.

“I think three hours is a good idea, and it’ll solve the employee issue,” said Selectman John McNinch.

Selectman Roche also recommended three-hour parking be imposed in the lot behind the library and the Olde Heritage Tavern.

“It’s just as quick for you to walk from behind the bank as it is from behind that parking lot,” said Selectman Roche in a comment directed to Lenox Library Executive Director Sharon Hawkes.

“That’s where we should get the word out to people; they should be telling their employees don’t park there [on the street] all day long,” said Selectman Lane, adding such parking hurt business.

He also said town hall should take the lead on this, adding he’d gotten lots of complaints that employees who work in the town hall or for the school department park on Walker Street all day long: “That’s been thrown in my face a lot of times, in the discussion about this.”

The selectman said a memo should be sent to the employees to use the municipal lot.

Chairman Fowler noted the off-street parking areas for employees around town, specifically behind Berkshire Bank and at the four corners, but said he also wanted to make sure that the safety of these areas was ensured: “I want to make sure that if we are telling people to park in that parking lot [behind Berkshire Bank] that they have protection while they’re there.”

He went on to note the bank lot currently didn’t have much lighting and said he’d like to see that addressed: “I don’t want employees of our businesses going back to a dark parking lot…after a long shift.”

He also said he’d like the police to take notice: “I want these people protected as well.”

The board moved to direct Town Manager Gregory Federspiel to institute three-hour parking in town, although a vote was not taken.

This action was a violation of the Open Meeting Law, as a board of selectmen cannot take action on reasonably anticipated businesses without first posting it on the meeting agenda.

That the selectmen would be discussing parking was not posted on the agenda for May 1.

Posted by Bera B. Dunau on May 9, 2013. Filed under Community News,News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry