NORTH ADAMS, Mass. — The mayor says the constant din of accusations around the airport is having a deleterious effect on its operations: "Enough is enough."

 

"I'm having a really a hard time getting people to serve on the Airport Commission that will keep the best interest of the city and the airport in the forefront," Mayor Jennifer Macksey told the City Council on Tuesday. "I'm having a hard time retaining the commissioners that I have. I'm having a hard time finding city employees to work with the Airport Commission.

 

"Because of this, and quite frankly, it is becoming a health issue, the undue stress that is put on by my staff and the Airport Commission, is not acceptable, and I need it to stop."

 

She said the commission chair had not wanted to present to the council that night because of the stress.

 

The most recent controversy around the airport began last fall when a rental agreement was pulled, causing two commissioners to reportedly quit along with the airport manager. One appointment by the mayor came under fire (and since left) and it turned into a struggle with the City Council over appointment rights (the council lost).

 

Since then, the administration has been accused by some residents and airport users of failing to comply with the federal grant assurances that they say could cost the city millions. The council raised the issue again in June when accepting nearly $23,000 in federal funds. 

 

City Solicitor Joel Bard appeared in person at Tuesday's meeting to address some of the issues, saying there was a problem with the "inflammatory comments" being made. The attorney said the accusers aren't pointing to specifics but broadly to the grant assurance language.

 

"They should call out those provisions, and they should point to the areas where the city or the Airport Commission might be fined, because the contracts do not call for fines," he said. "What they call for is remediation. The state aeronautics, the FAA, is not interested in shutting down airports. They're interested in making sure the airports are managed safely."

 

Bard, of KP Law, said he hasn't watched the meetings where the accusations have been made, "but I've heard enough of it to believe that you're hearing a lot of stuff that is simply not true."

 

He said he'd read the lengthy grant contracts that are largely about operating manuals and regulations. The Federal Aviation Administration or state Aeronautics Division would step in if they believed there were violations or a safety issue, he said.

 

"So when you hear something like that, you may want to ask for some facts, because there are none," Bard said. "There are no facts, because if there were we all would have heard about it. I would have heard of it from the mayor. You would have heard about it from a lot of people."

 

The mayor went through a PowerPoint highlighting ongoing and completed projects and challenges at Harriman & West Airport and comments made by others that she said was misinformation.

 

She also touched on allegations that laws have been broken at the airport, that it is under investigation and losing money. 

 

"We are audited regularly. Every single year. Our city solicitor has sent you opinions on anything that you've requested. So I'd like to know what law that we're breaking," she said, adding the airport has ended the last two years in the black through leasing and fuel sales. "I have not been part of any investigation as of yet. So that is not true statements."

 

Councilor Peter Breen pushed back, saying one of her points about the liaison (Breen) not speaking to commission chairman was incorrect. 

 

"I attended 11 meetings as the liaison, 11," he said. "I spoke to the chairman, many, many, many, many, many, many, many times. So your assumption is dead wrong."

 

He also took aim at the mayor's assertions that the request for proposals for the hangar was flawed and the commissioners were not cognizant of all the issues; the two got into a back and forth on the issue that Council President Bryan Sapienza shut down and advised them to continue the discussion elsewhere. 

 

The presentation got sidetracked somewhat over what could be said during open forum when Macksey commented that "the commission as a whole feels that this governing body doesn't support them because you've entertained the rhetoric on the floor."

 

Councilors Lisa Blackmer and Ashley Shade reminded the meeting that the 2023 Supreme Judicial Court ruling struck down restrictions on comments. 

 

"We cannot shut them down, even if we don't like what they say," said Blackmer, who added it felt like the mayor was attacking the council. "The only thing that I disagree about the airport is the fact that I think that we should be approving the commissioners, and I've been blatant about that, and that is my only issue." 

 

Shade agreed, saying, "most of us here have never not supported the commissioners or the airport itself. It's always been about process, or specific processes, like appointing commissioners. ....

 

"Being on a commission or a board is a very difficult thing, and it's a great service to the city and anyone who does it, I applaud them and thank them continuously for the work that they put in, and I want that to be acknowledged, because that's very important."

 

Bard said the council — which for months asked for clarity on the grant assurance issue — "would want to say that's a lie or not a fact ... there are statements that the council should at times ask if there are facts to back it up."

 

Some weren't satisfied with Bard's assurances, noting the grant documents state that commission members are "appointed by the City Council" per state law and that is no longer the case. 

 

"But that has been amended to reflect the fact that in North Adams, that standard language, it has been amended to reflect the fact that in North Adams, the mayor appoints," he said.

 

Breen said he'd spoken with representatives from the state Department of Transportation, including Mark Miller of the Aeronautics Division.

 

"He said, 'No, no, we expect entities, towns and cities, to abide by the grant assurance.' And they said, if we ever, ever would give up on that, it would be in writing prior to any concession. And lo and behold, that's even in the grant assurance," he said. "We have obligations that the commissioners, the mayor -- and I approved the money, knowing that those obligations were going to be met. I should be able to take my vote back if you've change your mind. Would you agree?"

 

Bard said he'd track Miller down and speak to him. Breen also said Bard was using a "burned-out building" as a red herring to distract from the issues. Bard had spent some time focused on a private lawsuit involving Michael Milazzo, who had lost the hangar lease and been outspoken on the grant issue, as calling out his credibility. 

 

Milazzo and his business partner Brian Doyle had been in a dispute with hangar co-owners Derek and Dodd Rougeau that ended with the hangar being massively damaged; it was taken over by the city and renovated (and which Milazzo hoped to use again). 

 

Milazzo, for his part, said during open forum following the discussion that "Mr. Bard showed up knowing that there were questions about grant assurances. He hasn't even read the grant assurance, or couldn't speak appropriately to the group what's in the grant assurances."

 

"He's still clueless," continued Milazzo, who was interrupted by the mayor who was then gaveled by the council president. "He still didn't articulate that he has a grasp on what's in the grant assurance, or that he actually resolved anything as to whether what the mayor is doing is legal or not legal."

 

He pointed out that no one from Mass Aeronautics had attended the meeting. Councilor Andrew Fitch had asked for the administration, the solicitor and a state representative to speak to the council. 

 

Fitch was recently appointed to the Airport Commission because of the lack of candidates. His first meeting last week had to be canceled again for lack of a quorum when a third member failed to show; the five-member board is down two people. 

 

Councilor Keith Bona reiterated his stance that the airport is not "worth the headache." 

 

"I'm not saying get rid of the airport. I'm just saying for the city to be running it and managing it. I just think it's taking valuable time out of our staff to be dealing headaches, whatever, and for the amount it is profiting," he said. "If it had to come in front of us to sell the airport, I would be the first one probably to be raising my hand to support it."