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HomeMy WebLinkAboutWebb Recusal Oct 30 1 TO: Town Manager Mark Ells Aaron Webb, Member, Hyannis Main Street Waterfront Historic District Appeals Committee Town Councilor and Appointments Committee Chair Paula Schnepp FROM: Eric Schwaab, Hyannis Resident and Taxpayer DATE: October 30, 2023 RE: Need for Recusal – Aaron Webb I will file an appeal with the Hyannis Main Street Waterfront Historic District Appeals Committee (“the Committee”) of the Hyannis Main Street Waterfront Historic District Commission’s (“the Commission”) approval on October 18, 2023 of Applications for Demolition, Approval, and Certificate of Appropriateness at 307 Main Street in Hyannis by WinnDevelopment Company, LP (“the Project”). I am a Hyannis resident and taxpayer. I care deeply about its historic roots and development consistent with them. Such development affects me and my property value. I am aggrieved by the Commission approval of the Project without conformance to all applicable laws, rules, regulations and guidelines adopted to protect and preserve the character of my village and me, its taxpayer and resident. I ask that Committee member Aaron Webb recuse himself immediately. I ask that he not discuss the appeal or his views of me with the Committee members or town staff or town officials. I am entitled to a fair and impartial assessment of my appeal by a Committee that operates with integrity. I will not get that without Aaron Webb’s immediate recusal. Aaron Webb’s conduct toward me in very public settings runs counter to the conduct required of Town officials in the Town Code Ethics provision and by Barnstable’s Committee Handbook and Reference Guide. It is impossible, based on Aaron Webb’s public conduct toward me, that he could fairly and impartially assess my appeal and render a decision free from the bias he has demonstrated to me. You all know that the Town’s Code’s ethics requirements call on Aaron Webb to act with personal integrity, truthfulness, honesty and fortitude in all of his public activities. It tells him as a public official that the “proper operation of democratic government requires that public officials … be independent, impartial, and responsible to the people they serve.” That includes me. As a public official, Aaron Webb must maintain impartiality, and must give taxpayers, which includes me, confidence in our government. The Town’s Committee Handbook and Reference Guide is explicit that disparaging remarks, malicious gossip and slander in other settings is unbecoming of a Town official and will not be tolerated. Considered those standards in relation to Aaron Webb’s conduct toward me in public: According to Aaron Webb, I am Town Clown. Of emoji proportions. I refuse truth. I am uninformed. I spew nonsense. I create distrust. I am biased. I reside in a hole. 2 Aaron Webb cannot assess an appeal with my name on it fairly, impartially, and with the due process that I deserve as a Hyannis resident and taxpayer exercising my rights in the appeal. State law entitles me to a fair unbiased consideration of my concerns before town bodies. There is no disclosure of appearance of bias Aaron Webb can make that would allow anyone to conclude that he is capable of being fair and impartial and unbiased in a matter that I bring. Please ensure Aaron Webb does not participate in, discuss at all, and taint the appeal I will file with as much as a word to his fellow Commissioners, staff or other officials about me. Related Questions on Town Management and Appointments 1. Why does the Town appoint someone to serve as an impartial adjudicator of citizen matters on the Committee and on the Zoning Board of Appeals who speaks this way toward citizens? Aaron Webb goes after Barnstable residents publicly with disparaging, critical and false comments about town matters. On Facebook and NextDoor, he criticizes residents in certain villages advocating about land use-related issues. He criticizes them for not advocating on other issues. He pushes back on residents who share their opinions about public processes. Some of his comments refer to zoning. He defends town public processes on land use. Any one of the people he goes at, or just reads his comments, could have a matter before either body on which he sits any day of the week. And innumerable residents look up on the bench and see him in this impartial adjudicator role after seeing him go after residents publicly about town business and process, land use, zoning. He should be removed from these Boards and replaced with someone who does not criticize fellow citizens, any one of whom could file a matter with one of his boards any day. 2. Aaron Webb applied to serve on the Licensing Board that regulates his business. He resigned when someone called that out. Do you need more proof of a judgment problem that results in a lack of confidence in our government? 3. Aaron Webb did not disclose to the Appointments Committee that he has a commercial real estate practice and a real estate investment corporate entity when he applied for the Licensing Board and Zoning Board of Appeals. Do you need more evidence of a judgment problem? 4. Why does Town Council President Matthew Levesque vote on Aaron Webb’s appointments when they are professional colleagues, and without telling people about that? Their real estate firm puts out promotional news of them negotiating a deal together, and then President Levesque asked the Appointments Committee to put Aaron Webb on the Zoning Board of Appeals. I am nowhere near the first person to question this. President Levesque’s request to the Appointments Committee not in the minutes. Why? Catch it on video. Mr. Ells, you always tell the public to bring you their questions. These are mine. I will appreciate hearing a response from you and from Councilor Schnepp so that whether the question pertains to the administration of town government or to the appointments process, I get a response. Thank you both for taking the time to respond to me.