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BOARD OF SELECTMEN
MINUTES OF MEETING – FEBRUARY 14, 2006

Present: Frank A. Consolati, Chairman, Gordon D. Bailey, Patricia D. Carlino, Board of Selectmen
Robert L. Nason, Town Administrator
Ch. Consolati called the meeting to order at 7:00 PM.

1. Approval of Minutes: January 24, 2006; Executive session January 24, 2006

2. Public Hearings: 7:00 PM – The Ponds Association, Inc. – Special Permit Application – Continued from January 10, 2006. Ch. Consolati reopened the public hearing at 7 PM. Present was Kenneth Boudreau of Hill Engineers, Architects, Planners, Inc., representing the applicant. Mr. Boudreau explained that this would be an amendment to a special permit granted in 1978, and amended in 1983 and 1994. The applicant is asking for permission to construct a 12’ x 26.5’ addition to the existing administration building at The Ponds at Fox Hollow. There will be no impact on parking or the town infrastructure. Ch. Consolati disclosed he had a conflict of interest in that he owns a time share unit at Fox Hollow. Mr. Boudreau further explained that there would be handicapped accessible parking and restrooms. The lighting will be two feet above ground level and will illuminate the walkways. New landscaping will be included. He made a presentation before the Planning Board on October 17th and they had no objections to the plan as presented. The Board asked their secretary to get a copy of the Planning Board’s minutes of that meeting. The Board was satisfied that the plans provided by Mr. Boudreau sufficiently provided all the information required for a site plan. The Board voted, unanimously, to approve the plans as presented. This closed the site plan portion of the application. Next came the vote for the special permit in accordance with the zoning by-laws Section 199.36(D). 1. The project is fully in compliance with the intent of the by-laws based on its nature and size. The Board voted, unanimously, in favor. 2. It is desirable to the public convenience or welfare at the proposed location by providing more customer space and handicapped accessibility. The Board voted, unanimously, in favor. 3. The new addition fits in visually with the other buildings on the property and is not detrimental to adjacent uses or to the established or future character of the neighborhood. The Board voted, unanimously, in favor. 4. It will not create undue traffic congestion or unduly impair pedestrian safety as the addition will provide exactly the same use as at present. The Board voted, unanimously, in favor. 5. The addition provides no residential usage and therefore will not overload any public water, drainage or sewer system or any other municipal facility. The Board voted, unanimously, in favor. Seletman Bailey made a motion to approve the special permit application and it was seconded. Gordon Bailey, no conflict, yes. Patricia Carlino, no conflict, yes. Frank Consolati, has a conflict, invoked the rule of necessity, yes. The public hearing closed at 7:25 PM.

7:15 PM – Kerry Casey – Special Permit Application – Continued from January 24, 2006 - Ch. Consolati opened the public hearing at 7:15 PM. Mr. Casey was not present at this time and the Board voted, unanimously, to continue the hearing until 8:00 PM.

3. General Business:
At their last meeting, the Board discussed the resignation of Jody Chiquoine as a member of the ZBA and Garth Story, an alternate, filling her position. There was some question as to whether Mr. Story was eligible to fill this position as he is also a member of the Board of Public Works. Upon researching this matter, it was discovered that because Mr. Story was appointed and not elected to the BPW, he is eligible for the position on the ZBA. Also, Ms. Chiquoine indicated she would be willing to serve as the alternate member. The Board voted, unanimously, to appoint Garth Story as a member of the Zoning Board of Appeals and Jody Chiquoine as an alternate member.

The Selectmen received a letter from Police Chief Ronald Glidden regarding the disposition of a 2001 surplus police cruiser with 96,904 miles. He received six bids and recommended accepting the bid from Grace Quality Used Cars, Inc. of Morrisville, PA in the amount of $3,376.00. The Board voted, unanimously, to accept the bid of Grace Quality Used Cars, Inc. in the amount of $3,376.00.

The Selectmen received a Temporary Sign Permit Application from Prime Outlets to advertise sidewalk sales in ten day increments at various times during the year. The application was approved by the Building Inspector. The Board voted, unanimously, to approve the application.

The Selectmen received a Temporary Trailer Permit Application from Knox Trail Co., Inc., Gt. Barrington, MA, to place three construction trailers to be used to construct homes in a subdivision on property on Devon Road. These trailers will be moved from lot to lot as needed. After examining the plan, the Board voted, unanimously, to approve the application.

The Board next addressed the appointment of the Capital Outlay Committee. This committee consists of one representative from each of the six districts, usually the chairman, and one member from the Finance Committee, Board of Assessors and Planning Board. They look over budget requests in excess of $10,000 and long range financial plans. The Board voted, unanimously, to appoint Elizabeth Leahey, District 1, William Noonan, District 2, Mary McDarby, District 3, Arthur Mack, District 4, Bobbi Pollard, District 5, Martin Deely, District 6, Chauncey Collins, Finance Committee, Dayton DeLorme, Board of Assessors and David Durante, Planning Board.

The Board received a Revised Sewer Extension Permit Application to the Dept. of Environmental Protection from SK Design Group for the Erskine Park subdivision. The original application included only the design for the first phase, eight lots. In order to proceed with a second phase, the developer would have to submit a second design plan to the DEP which would be very costly. The sewer extension permit application submitted for the Board’s approval includes both phases. The application was presented to the Board of Public Works who gave it a favorable recommendation. The Selectmen voted, unanimously, to endorse the revised sewer extension permit application submitted by SK Design Group.

The Board received one year contract extensions from the DPW Highway/Cemetery and Dispatchers collective bargaining units. They agreed to a 4% cost of living adjustment for the term of the contract. The DPW extension included a bonus for any union employee, except the Primary Water Distribution Operator, who receives a Grade 2 water distribution license. After a brief discussion, the Board voted, unanimously, to approve the one year contract extension for the DPW Highway/Cemetery and Dispatchers.

The Board received a letter from the police chief asking them to formally recognize and adopt the National Incident Management System required by a Homeland Security Presidential Directive. This is required by all first responders in order to be eligible for FY07 federal preparedness grant funding. The Board voted, unanimously, to adopt the National Incident Management System.

4. Pending Business:
A public hearing will take place on Feb. 28, 2006 at 7 PM to address the Lee Scenic Mountain Act.

The Board received a letter from Jason McCandless, School Superintendent, announcing the recipients of the John and Abigail Adams Scholars designation. These students can receive full tuition to any state college, university or community college of their choosing, and at which they have gained acceptance. Ch. Consolati read the list of 25 recipients who represent 28% of the total senior class. The Board congratulated all of them for their hard work.

5. Town Administrator:
Mr. Nason told the Board that there are opportunities to apply for Community Development Block Grant funding if the town is interested. One is for housing rehabilitation being developed for the Town of Lanesborough through Berkshire Housing Development Corp. They will be happy to include Lee in their application. Another would be to look at parking in the downtown area through the Lee CDC. Mr. Nason said the housing rehab program was very successful and there are still residents looking for this type of assistance. Selectman Bailey said he would be delighted to see funding go to the downtown. The Board gave Mr. Nason the go-ahead to speak with Berkshire Housing Development Corp. and the Lee CDC on thses issues.

Mr. Nason said the Finance Committee’s meeting schedule is available through the town’s web site and on CTSB TV’s community bulletin board. Mr. Nason said a summit meeting of the Board of Selectmen, Finance Committee and School Committee will be held on a Tuesday in March. The town representatives will be invited to attend. Selectman Carlino suggested getting the School Reuse Committee together in March to see who still wants space in the Hyde Building. She also suggested getting the Golf Course Committee together at the same time.

Selectman Bailey explained that the Board was going to give a presentation on the sewer rates but was unable to secure a projector. Also, the DPW Superintendent was unable to attend. A presentation will be made at the next Selectmen’s meeting that the Superintendent can attend.

At this point, Ch. Consolati reopened the special permit hearing on the application submitted by Kerry Casey. Mr. Casey did not appear and the Board voted, unanimously, to continue the hearing until Feb. 28, 2006 at 8 PM.

Selectman Bailey suggested the Town Administrator’s evaluation be placed on the agenda for Feb. 28th and the other members agreed.

6. Public Comments:
Monica Ryan came before the Board to ask for copies of the individual Town Administrator’s evaluations done by the department heads and certain committees under the Freedom of Information Act. The Board will look into this.

Selectman Carlino brought up a letter received regarding a Keno machine requested by Bucky’s Tavern. She stated if the Board had an objection, it should address it in writing. The Board had no objection and no further action is necessary.

7. Motion to adjourn:
The Board voted, unanimously, to adjourn at 8:10 PM. Their next regular meeting will be Tuesday, Feb. 28, 2006 at 7 PM.

Respectfully submitted,

Suzanne M. Alderman, Selectmen’s Secretary

cc: Board of Selectmen Principal Assessor Dept. of Public Works
Town Administrator Board of Health Town Treasurer
Town Clerk Conservation Commission Town Reps. District Chairmen
Town Collector Police Chief Superintendent of Schools
Planning Board Building Inspector Town Accountant