Select board confronted by appeals, planning board over handling of reappointment

Jan. 15, 2020 | Sarah Heinonen
sarah@thereminder.com

HAMPDEN – Jed Berliner, chair of the Hampden Zoning Board of Appeals (ZBA), appeared before the select board at its Jan. 13 meeting to express “strong concerns” regarding the way in which the reappointment of Ed Loiko as an alternate for the ZBA was handled.

Procedure dictates that when a motion is made another individual on the board must “second” it, and then a discussion can take place before the vote. When a motion was made on Loiko’s reappointment at the Dec. 30, 2019 select board meeting, it was not seconded, therefore no discussion or vote could take place.

Berliner said failing to second the motion raises questions about whether discussions or decisions had been made outside of an open meeting. Aside from the issue of transparency, Berliner brought up “character.” He said if the issue of Loiko’s character needed to be discussed, the board should have seconded the motion and then entered executive session to do so.

“We’re all volunteering for this town. We’re all neighbors helping each other out,” Berliner said, adding that the town needs to consider “how we treat our neighbors.”

Bob Howarth, chair of the planning board, chastised the select board for not seconding the motion to allow for discussion. Other members of the planning board expressed their support for Loiko, as he is a member of the planning board, as well.

Selectman John Flynn made a motion to reconsider the reappointment. Select Board Chair Donald Davenport expressed reservations about the appearance of impropriety if an issue that had been decided on by Loiko as part of the planning board were to come before him on appeal as a member of the ZBA.

Berliner and members of the planning board made the case that the ZBA rarely hears issues from the planning board. Berliner said Loiko could recuse himself if the situation ever arose.

“I’ve got no dog in this fight,” Loiko told the board. “I’m only here to help the town.” He said if the select board did not want him to sit on both the planning board and the ZBA he would step down from one or the other.

Flynn opined that he didn’t see the conflict, especially since Loiko was only an alternate. When the selectmen voted on the reappointment Flynn cast the single yes vote, while Davenport and Selectwoman Mary Ellen Glover voted no.

Moving on in the meeting, it was noted that the board is seeking to re-establish the capital planning committee. Flynn suggested asking the people who previously sat on the board to take up the position again and select members to act as liaisons to various other town government departments.

Flynn said Austin McKeon had suggested creating the new board through a bylaw, but that a bylaw would not be flexible enough to deal with various situations.

Glover raised the idea of changing the select board meeting schedule to biweekly. Davenport had previously suggested the change and Glover said she had come around to the idea, in part because it would allow for more movement on issues between meetings.

“We have some big issues here,” Flynn said. “It really lets you laser in on an issue, having it weekly.” Instead of less frequent meetings, Flynn urged the board to consider adding a fifth workday to the town government’s schedule to get more done between meetings.

When asked, Interim Town Administrator Bob Markel and Courtney both said they would be inclined toward a biweekly schedule. Resident Thad Clavette noted less frequent meetings would mean fewer people attending and longer meetings.

Davenport said he has gone back and forth on the idea, but with so many “big items” before the board, feels that weekly meetings are prudent.

Markel reminded the residents at the meeting of the upcoming community forum of Jan. 21 that will address “two looming problems for the town,” ambulance service and transfer station costs. Markel has contacted several ambulance services to request bids. Likewise, he sent out requests for proposals to waste hauling companies, though he said he was not optimistic about receiving a significantly lower bid.

“Every community in the country is facing this crisis,” Markel said of skyrocketing recycling costs. The forum, at 7 p.m. in the Town House auditorium, will give residents background on the topics and a chance to express their preferences moving forward.

The board approved five police department policy updates submitted by Police Chief Jeff Farnsworth. Markel explained to the residents present that Farnsworth was in the process of updating all department policies in an effort to become “a certified department.” Once the policies are complete they will be posted online in the interest of transparency.

Similarly, Glover has been updating and codifying the policies of the select board and has been submitting them to the board for approval at their meetings as they are updated. The meeting on Jan. 13 saw the third set of policies submitted.

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