North Adams Council Rejects Airport Commission Changes
NORTH ADAMS, Mass. — The City Council on Tuesday dismissed an attempt to extend its authority over appointments to the Airport Commission.
In a vote of 4-3, with Councilors Peter Breen and Deanna Morrow absent, the council rejected two ordinance amendments brought forward by Councilor Ashley Shade that would have prohibited members having a conflict of interest and require council approval of appointments as laid out in state law.
The General Government Committee had voted 2-1 not to recommend the changes, with Shade the only no vote.
The city's legal counsel had offered an opinion that the charter overruled state law on appointments and that conflicts of interest could be navigated by the state Ethics Commission. Attorney Joel Bard also opined that mayoral appointments would not negate federal grant assurances despite council approval being one of the criteria.
"I still believe that MGL is important to follow, and anywhere where we can be in step with MGL, we should," said Shade. "I do believe that an independent commission that has the ability to enter into contracts without approval of a mayor or city council, which the airport commission is one of the few commissions that does, the members of that commission should be held to a higher standard."
Blackmer and Fitch joined Shade in voting against filing the changes, agreeing with her that more oversight was appropriate.
"I don't know why there's a reticence for us to approve things," said Blackmer. "I find it disappointing ... I think there should be another set of eyes on it."
Mayor Jennifer Macksey said the council had requested an opinion and that the city solicitor provided two.
"I'm still bringing people forward to inform you, to try to be as transparent as possible. But nine times out of 10, almost 99.9 percent of the time you approve them anyway," she said. "I don't want to block you. I want to be a partner with you as I hope that all of you want to be a partner with me, but this was a power play that started on the council floor."
The mayor was referring to the debate that had broken out over her choice to fill one of the vacant spots on the commission in January. The appointment had been presented to the council for approval but Macksey pulled the name and placed the individual on the commission without confirmation -- as is spelled out in the charter.
Bona said he can't remember but one appointment during his terms that the council had not approved. This concerned an appointment to the Housing Authority the council declined and then reconsidered.
"I don't feel its necessary that we have to be saying yes or no to these appointments when we're saying yes anyways," he said.
Councilor Peter Oleskiewicz reiterated his point that the council has no mechanism for investigating candidates for the city's boards and committees. President Bryan Sapienza agreed.
"I have served under two administrations, and I have full faith in the fact that these candidates for these boards and commissions were well vetted before they came to the council meeting," Sapienza said. "Or else we would never have seen their names on the on the agenda."
Macksey said the council has not asked in-depth questions on candidates, who come to her through the city's interest form, recommendations or letters to her office.
"I consider our boards and permissions and extension of my administration, an extension of government," said the mayor. "And I think these are very important part. I just don't appoint people for the hell of it, I appoint people who are going to help us with the general purpose of moving the city along."
The mayor put forward ordinance changes that would remove mention of council approval on certain boards and committees, to bring them in line with the charter that states: Sec. 52: Mayor may make appointments without confirmation.
"Basically, this is just aligning our ordinances with to reflect what the charter says. So as we move forward, as administrations change, as councilors change, we don't revisit that," she said.
The changes were referred to the General Government Committee.
"I know some of these boards and commissions the language, especially the IDEA Commission, the language was selected very carefully, and all of these ordinances were approved for these commissions by the City Council and mayor," said Shade. "So I don't know that we actually need to make any changes, but that can be discussed during the General Government Committee meeting."
Blackmer also noted that some of the commissions were more recently created or restored by the council.
"I was on probably General Government through some of these -- the IDEA Commission, the Youth Commission, the Public Arts Commission -- all of them were reviewed by the city solicitor at the time," said Blackmer.
In other business, the council:
• Accepted a communication on the mayoral appointments of Lillian Zavatsky to the Zoning Board with a term expiring Jan. 1, 2028, replacing Andrew Fitch and the reappointments of Rebecca Choquette, Jenny Dunning, James Holmes and Chad Jzyk to the Windsor Lake Recreation Commission, all with terms ending April 1, 2028.
• Rejected changes to the city's overnight winter parking ban with Shade, who recommended it, the only yes vote.
• Postponed several parking and safety zone changes to the second meeting in April, pending communication from state Department of Transportation on adding a school zone to Hodges Cross Road.
• Passed to a second reading and publication an amendment to the Board of Appeals section that would have the board adopt rules of conduct and file them with the city.
Tags: airport commission, ordinances,
