David moves to lift Council's self-imposed landfill gag order
August 01 ,2009
Council eyes transfer of authority on landfill
decision
By Chad Cain, Daily Hampshire Gazette
By Chad Cain, Daily Hampshire Gazette
NORTHAMPTON - The City Council might transfer its
authority to issue the special permit needed to
expand the Glendale Road landfill to the Planning
Board, a move that would enable councilors to lift
a self-imposed gag order prohibiting them from
discussing the issue with residents.
At a special council meeting Thursday night, Ward 4 City Councilor David J. Narkewicz presented an ordinance change that would amend the so-called heavy public use section, which governs the landfill. The changes would mean that any applicant who applies for a special permit for a heavy public use would go before the Planning Board rather than the City Council.
Narkewicz said that the Planning Board reviews and votes on special permits for all but a handful of other projects in the city and it should do so for the landfill and future heavy public use cases.
The change is being driven by the landfill expansion. Many residents have expressed frustration with not being able to discuss the issue with councilors, who have agreed on the advice of attorneys to not discuss the issue or hold public forums prior to receiving a special permit application from the Board of Public Works to expand the landfill.
Attorneys argue that such discussion is not appropriate because of the "quasi-judicial" function the council would assume should the BPW seek a special permit. The council would have sole jurisdiction to grant or deny the permit.
Many councilors, however, have expressed frustration with the gag order.
"That's been at the heart of the controversy," said Narkewicz. "It's an awkward position for us to be in."
The councilor notes that shifting the special permit authority to the Planning Board is a logical move given that planners will have to approve a site plan before a special permit. He also notes that the council still holds the final say about the expansion because it decides how to fund the landfill.
"We hold the purse strings," he said.
Former City Councilor Alex Ghiselin urged the council to give the Planning Board the authority to grant the special permit and then take charge of the conversation surrounding the landfill.
"It would free the council to have a parallel discussion about expansion," Ghiselin said during the public comment portion of the Thursday council meeting. "The council must be able to lead this discussion."
Not everyone agrees. Resident David Conly urged the council to not "pass the buck" to planners. He noted that members of that board are appointed by Mayor Clare Higgins, who he claims has come out in favor of expanding the landfill.
Other residents said councilors should be able to discuss the issue now because they have yet to receive a special permit from the BPW and therefore have yet to become a quasi-judicial body.
"It's wrong that we shouldn't be able to talk to the councilors about how we feel," said Jeanne Reed of 137 N. Main St.
The council's current quasi-judicial role also makes discussion about possible nonbinding referendum ballot initiatives difficult. At Thursday's special meeting, the council took no action on a citizens petition to place an advisory question on the November election ballot that would seek voter opinion on the landfill expansion. Petition supporters now must collect the signatures of 10 percent, or about 1,800, of the city's registered voters to get the question on the ballot.
The council did not talk about the ordinance change at its special meeting Thursday, aside from a discussion about whether they could entertain Narkewicz's motion at a special meeting. In the end, the council referred the proposed amendment change to the Committee on Economic Development, Housing and Land Use, the Planning Board and the Ordinance Committee.
At a special council meeting Thursday night, Ward 4 City Councilor David J. Narkewicz presented an ordinance change that would amend the so-called heavy public use section, which governs the landfill. The changes would mean that any applicant who applies for a special permit for a heavy public use would go before the Planning Board rather than the City Council.
Narkewicz said that the Planning Board reviews and votes on special permits for all but a handful of other projects in the city and it should do so for the landfill and future heavy public use cases.
The change is being driven by the landfill expansion. Many residents have expressed frustration with not being able to discuss the issue with councilors, who have agreed on the advice of attorneys to not discuss the issue or hold public forums prior to receiving a special permit application from the Board of Public Works to expand the landfill.
Attorneys argue that such discussion is not appropriate because of the "quasi-judicial" function the council would assume should the BPW seek a special permit. The council would have sole jurisdiction to grant or deny the permit.
Many councilors, however, have expressed frustration with the gag order.
"That's been at the heart of the controversy," said Narkewicz. "It's an awkward position for us to be in."
The councilor notes that shifting the special permit authority to the Planning Board is a logical move given that planners will have to approve a site plan before a special permit. He also notes that the council still holds the final say about the expansion because it decides how to fund the landfill.
"We hold the purse strings," he said.
Former City Councilor Alex Ghiselin urged the council to give the Planning Board the authority to grant the special permit and then take charge of the conversation surrounding the landfill.
"It would free the council to have a parallel discussion about expansion," Ghiselin said during the public comment portion of the Thursday council meeting. "The council must be able to lead this discussion."
Not everyone agrees. Resident David Conly urged the council to not "pass the buck" to planners. He noted that members of that board are appointed by Mayor Clare Higgins, who he claims has come out in favor of expanding the landfill.
Other residents said councilors should be able to discuss the issue now because they have yet to receive a special permit from the BPW and therefore have yet to become a quasi-judicial body.
"It's wrong that we shouldn't be able to talk to the councilors about how we feel," said Jeanne Reed of 137 N. Main St.
The council's current quasi-judicial role also makes discussion about possible nonbinding referendum ballot initiatives difficult. At Thursday's special meeting, the council took no action on a citizens petition to place an advisory question on the November election ballot that would seek voter opinion on the landfill expansion. Petition supporters now must collect the signatures of 10 percent, or about 1,800, of the city's registered voters to get the question on the ballot.
The council did not talk about the ordinance change at its special meeting Thursday, aside from a discussion about whether they could entertain Narkewicz's motion at a special meeting. In the end, the council referred the proposed amendment change to the Committee on Economic Development, Housing and Land Use, the Planning Board and the Ordinance Committee.