NORTH ADAMS, Mass. — The controversies stewing at the Airport Commission bubbled over to City Council on Tuesday night with a councilor demanding an investigation and the subject of a failed lease agreement claiming conflicts of interest and mayoral tampering.

 

The spark was an agenda item appointing Doug Herrick of Williamstown to fill the term of one of two commissioners who resigned after a vote to enter into a lease agreement with airport user Michael Milazzo and Brian Doyle for the Northeast Hangar back in October. That vote was rescinded in December after a letter from Mayor Jennifer Macksey called the process into question, particularly noting the recommendation by a subcommittee to reject Milazzo's proposal and concerns from the inspector general's office.  

 

Milazzo and Doyle are involved in civil lawsuits around the hangar going back to 2019 as both a plaintiffs and defendents with former hangar owners and Milazzo is accused of damaging the structure, to the point it was taken over by the city and restored at a cost of more than $750,000. 

 

City Councilor Peter Breen repeatedly called for an investigation into the commissioners' resignations, pointing to the reasons given by Michael McCarron in his email in November. Herrick would fill his term. 

 

"It says that it is the unexpired term of Mike McCarron, my understanding, after reading his email, that he said that he's resigning because the city official is telling him how to vote," he said. "I think we should send this to committee to investigate why we would have a commissioner be forced to make a vote."

 

Breen, the council's liaison to the commission, also referred to an email by Airport Manager Bruce Goff describing the situation and raised concerns about federal and state laws being broken. 

 

"There are two investigations going on now. And then there is a third one, because it's $750,000 worth of grant money from the federal government," he said. 

 

He urged that the appointment be postponed — arguing the scrivener's error of "reappointment" on the agenda justified that — or be sent to committee. 

 

Milazzo, accompanied by his attorney Ryan Smith of Pittsfield, also questioned the use of "reappointment," claiming it was an "underhanded" way for the administration to appoint who they wanted. (The actual order was for an appointment.)

 

Smith said they have conducted an investigation into the recent conduct at the Airport Commission and some city officials.

 

"I'm asking the council to engage in an independent investigation of matters related to the resignation of Marc Morandi and Mike McCarron," he said. "I could tell the council that our investigation has revealed conduct that involves coercion of commission officials, the commissioners themselves, in violation of federal and state law, as well as the city's grant assurance obligations with respect to funding from the FAA and from MassDOT."

 

A letter sent to the council and provided to iBerkshires claimed Herrick, a member of the Mohawk Soaring Club, had received special privileges from the administration and was part of an effort to "commandeer" votes on the commission.

 

"I know it's unusual for me to make an appointment of someone who is associated with the airport in the Mohawk Soaring Club, but I'm starting to recognize that it's very hard to find good people outside the circle, and he has volunteered," the mayor later said. "We will do the conflict of interest law and anything directly relating to the soaring club, he will back out of. 

 

"But I don't care to discuss this matter any further. I'm not going to get into a contest with Mr. Milazzo and his attorney over semantics."

 

Points of order were called during debate and Breen was gaveled by President Ashley Shade for taking up items not on the agenda. 

 

"The agenda item is to vote on the appointment of the commissioner. We're not here to debate anything else regarding the Airport Commission that includes any accusations of wrongdoing," she said. "That is not the agenda item. That's not something that we can discuss here."

 

Breen responded there would be economic impacts to the city and the appointment on the agenda raised that issue. 

 

"I have to agree that Councilor Breen's discussion may be important and relevant. However, that's not what's on the agenda tonight," said Councilor Wayne Wilkinson. "I would urge him, if he has deep concerns about the laws being broken, that he bring it back as a council agenda item, where would they be sent to a committee." 

 

Councilor Lisa Blackmer pointed out the commission was a separate entity that did not fall under the council's purview. 

 

"Although I know there's all these accusations, etc., I think they have a place, but I'm not sure that they belong here," she said. "I would almost like to get a ruling on that from the solicitor. ... I don't think we are the ones who have purview over the commission. The commission has purview over itself."

 

Wilkinson disagreed, "The matter is, there's somebody thinking there's somebody breaking into law, then I think that's definitely in the purview of the council. ... "you don't shove it under the table. You bring it up and talk about it."

 

Macksey said she didn't have to bring the appointment to the council as the city's ordinance gives the authority to the mayor. "So if you want to postpone it, that's fine, but this is just a confirmation," she said. 

 

Breen countered that state law specifically states that the mayor appoints on approval of the council. There was a question as to why the city's 1967 ordinance did not reflect that.

 

After some rounds of considering motions to postpone, approve with referral back to the city solicitor, have the solicitor investigate the resignations, or file, the mayor withdrew the order. Breen tried to raise the issue again but Shade gaveled that the matter was no longer an agenda item and cut of debate.

 

Councilors Peter Oleskiewicz and Andrew Fitch both raised concerns over decorum — failures to abide by the president's instructions and speaking over other councilors. 

 

"It just happens almost every meeting, and we talk about council rules over and over, but we violate council rules 9,000 times a night," Oleskiewicz said. "People are just jumping right in without being recognized, and that's just one thing I'd like to see follow."

 

At the end of the meeting, Shade, sitting in as president as Bryan Sapienza was attending remotely, reminded the councilors to "please wait to be acknowledged by the chair before you speak. Please be respectful and kind. It's OK to get heated, it's OK to have a discussion, but please always remain respectful of each other."

 

In other business, the council re-elected Sapienza as president and Shade as vice president during the annual reorganization. Sapienza will be sworn in at the next meeting as he was attending remotely because of illness. City Clerk Tina Leonesio said she had confirmed with the state that this was proper.

 

Councilors Wilkinson and Deanna Morrow drew the seat numbers and names, respectively, for the next session. 

 

Rules of order and an ordinance change allowing the president to cancel meetings with no agenda items was referred to General Government. An example is the meeting held the day before Christmas that had to be opened and closed despite no business to discuss.