LANESBOROUGH, Mass. — Lanesborough Economic Development Committee Chair and Planning Board member Barbara Davis-Hassan paid a $30,000 penalty for violating the state's conflict of interest law.
The State Ethics Commission has issued a final decision and order allowing a joint motion to dismiss and approving a disposition agreement in which Davis-Hassan admits to violating the conflict of interest law by participating as a Planning Board member in a proposal to rezone the Berkshire Mall while she privately had an exclusive marketing agreement to sell the property, by representing the mall's owner in local tax and infrastructure matters, and by participating as a Planning Board member in a proposal to rezone a second property while privately serving as its listing agent.
The commission accepted Davis-Hassan's payment of a $30,000 civil penalty and dismissed the adjudicatory proceeding against her.
Davis-Hassan, who owns and operates Barb Hassan Realty, had an exclusive marketing agreement to lease space in or sell the Berkshire Mall when she participated as a Planning Board member in a proposal to rezone the mall property to facilitate redevelopment. After Lanesborough town meeting approved the rezoning, the mall sold in July 2022 for $8 million and Davis-Hassan received a $240,000 commission on the sale.
Through these actions as a Planning Board member, Davis-Hassan violated the conflict of interest law's prohibition against public employees participating officially in matters in which they or their business have a financial interest. In addition to her actions concerning the mall property, Davis-Hassan also violated this prohibition in 2020, when she participated as a Planning Board member in discussing a proposal to rezone a Williamstown Road property for which she was the listing agent. That property later sold for $250,000, and Davis-Hassan received a $25,000 commission on the sale.
The conflict of interest law also prohibits municipal employees from acting as agent for anyone other than the municipality in connection with matters in which the municipality is a party or has a direct and substantial interest. Davis-Hassan violated this prohibition by representing Berkshire Mall owner Durga Property Holdings Inc. in Lanesborough-related matters in 2019 and 2020.
During this time, Davis-Hassan appeared on Durga's behalf before the Baker Hill Road District (BHRD), an entity that assesses and collects taxes on properties within the district for road maintenance and municipal services.
In at least one of her appearances, Davis-Hassan asked questions intended to demonstrate that the BHRD should be dissolved. She later, on behalf of Durga, sent draft proposals to the Lanesborough town manager to dissolve the BHRD, and communicated with the town manager and a member of the Legislature on behalf of Durga regarding the dissolution of the BHRD. Davis-Hassan also applied to the Lanesborough Board of Assessors for a tax abatement on Durga's behalf, appeared for Durga before the Board of Assessors regarding the tax abatement application, and, on behalf of Durga, emailed the Lanesborough Board of Selectmen regarding an application for a grant to address water and sewer concerns at the mall.
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Lanesborough Finance Appoints Baker Hill Road District Liaison
By Breanna SteeleiBerkshires Staff
LANESBOROUGH, Mass. – The Finance Committee elected a new chair and heard updates on the Baker Hill Road District during its meeting earlier this month.
Lyndon Moors was elected as chair of the committee again and David Parks as Vice Chair, which was previously held by Juli Baker before she joined the select board.
After Baker left, the committee needed to find another member to replace her. The committee received two applications from Al Terranova and Mark Siegars. Both were invited to the meeting, but Terranova was the only one in attendance.
Terranova is not a stranger to the town's committees, as he previously held a position with the finance committee for 10 years and five years on the school committee, saying it was the best 15 years of his life.
The opposition is only for one year until the next June to have a vote; he says he has no intention of being on the committee for three years but thought it was great to help in the interim.
The board was grateful for two applications of two strong candidates and made a recommendation to the select board, who approved at Monday's meeting.
Moors spoke about his new role on the BHRD and what his priorities are after taking over for member John Goerlach.
He said he wants to prioritize lowering the BHRD’s budget, be more transparent with the town, including updating the website and meeting minutes, and to keep the district as an asset to the town.
"I think the most important thing is really the preservation of the district as an asset both to the town and to a sincere property developer. I think it can be an asset to both, and it was set up that way in 1989 to manage the bond payments on the road and to be a liaison between the town and [former owner Pyramid Companies] at the time. I think it has a place in the future," Moors said.
The board commended the need for more transparency.
"I think a lot of people don't even know what the road district is or what it does, and so the idea of getting rid of the road district being a way to, 'Oh, we're finally going to save money because we don't have to pay the road district anymore.' I've had someone come and say that to me, and I was like, no, that's not how it's ever been. The town has not ever ever paid the road district, so there's definitely some education, community education pieces needed," member Kristen Tool said.
Moors said lowering the budget will hopefully lessen the tax burden on their tenants.
"The reason why it's important to lower the Baker Hill Road District budget, just as it would be important to lower the town budget, is that the taxes they levy on their tenants are simply based on their budget," Moors said.
Moors also brought up helping with communication between the boards and representing them at their meetings to help lower the budget, if someone from the finance committee would be a liaison with the BHRD. The liaison would help answer questions such as: what does the town really need from BHRD versus what it has historically taken?
Member Vera Farrell volunteered to be the liaison, saying she is new, with no prior ties, and feels she can bring a fresh, neutral perspective.
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