Hires Proposed For Landfill Expansion Hearings

Brian Lee

Worcester Telegram 

The lawyer for the Board of Health has proposed hiring a hearing officer and a new consultant for hearings for Casella Waste Systems' push to enlarge one of the state's biggest landfills.

Southbridge Recycling & Disposal Park, a Casella subsidiary, wants to expand the landfill by about 20 acres and to create of a new disposal area encompassing about 14 acres. Casella would build earthen berms up to 60 feet high around the existing landfill. The design change would be considered "a major permit modification." The landfill's most recent alteration, in 2008, was considered a minor permit modification in that it changed the operation to allow disposal of up to 405,600 tons of waste per year. The size of the landfill stayed the same eight years ago.

Read the rest of the article HERE.

Dean Cook Resigns From Board Of Health

By Brian Lee 

Telegram & Gazette Staff 

After cursing at a Southbridge resident during a heated meeting about the municipal landfill, Board of Health member Dean Cook has resigned from the five-member panel, Town Manager Ronald San Angelo said Thursday.

Mr. Cook, a 55-year-old computer programmer with a degree in chemistry, who once worked at Clean Harbors and ran for governor as a Libertarian candidate twice during the 1990s, resigned in an email to Mr. San Angelo's assistant. A signed and dated letter of resignation is still required, Mr. San Angelo said.

During an April 14 health board meeting, resident Erin Cummings-Lapriore, accompanied by her children, ages 2 and 5, accused officials from landfill operator Casella Waste Systems of affecting the health of area residents by contaminating groundwater and polluting private wells. 

Southbridge Board Of Health Meeting - April 14, 2016

Council Hypocrisy Regarding The Landfill

The town charter is quite clear that the town council is the chief policy making body of the town.

It is equally clear that appointments to the Board of Health are made by the Town Manager with the approval of the council.

For the last week I have been engaged in a debate on the site Focused On Southbridge.

While I planned to discuss the shortcomings of the Goals and Objectives set for the Town Manager, it quickly devolved into a discussion about the town’s landfill. 

Such A Deal

Why The Open Meeting Law Violation Matters

Ken O’Brien

There are those who feel that my open meeting law complaint was a minor matter undeserving of any serious attention.

I profoundly disagree with this view for numerous reasons. The most fundamental reason is that it relates directly to the relentless effort to amend the town charter on terms that are beneficial to particular political interests. I can only imagine the outrage of many of those pursuing this agenda if a similar campaign was mounted, with analogous political chicanery, to alter the U.S. Constitution. 

Why Clark Won’t Reappoint Bernadone

Ken O’Brien

Several months ago town manager Christopher Clark informed Rinaldo Bernadone that he would not be reappointing him to either the Board of Health or the Liquor Licensing Board.

On Thursday, June 14, Clark went on record in the Worcester Telegram giving his reasons.

In an article titled “Southbridge town manager says he won’t reappoint health, liquor board member it is reported  “Mr. Clark said one of the basic standards for serving on a town board or committee is having an open mind and being fair.” 

You Can’t Fight Southbridge Town Hall: They Have Your Tax Dollars For Ammunition

Ken O’Brien

William Gladstone famously observed that, “Justice delayed, is justice denied.”

Back in February The O’Zone carried an article titled, “If You Can’t Beat’em, Bleed’em”.

At that time I was addressing the tactics being employed by attorneys for the town of Southbridge to delay a decision in a case mounted by citizens of this community to challenge the obviously absurd position that a town bylaw can take precedence over the town’s Home Rule Charter.

…And Justice For?

Ken O’Brien

Somewhat forgotten in the midst of the appalling antics of town government of late have been the developments in certain pending legal matters relating to the Southbridge landfill site assignment and the composition of the town’s Board of Health.

As regards the landfill site assignment, despite the premature crowing of devotees of the current regime, the decision initially rendered by the Massachusetts Supreme Court has been withdrawn.

Massachusetts Supreme Court Dismisses Landfill Appeal

by Ken O'Brien

The Massachusetts Supreme Court today issued its ruling in the case of BOARD OF HEALTH OF STURBRIDGE & others vs. BOARD OF HEALTH OF SOUTHBRIDGE & another. In its decision the court decided that the plaintiffs lacked standing to bring suit.

Writing for the majority, Justice Bostsford stated, " In July of 2008, the plaintiffs filed an appeal in the Superior Court from a decision of the defendant board of health of Southbridge (board) approving a "minor modification" to the site assignment for an existing landfill and related processing facility in that town under G. L. c. 111, § 150A (§ 150A). The plaintiffs brought their appeal pursuant to G. L. c. 30A, § 14. In response to a motion to dismiss, two judges in the Superior Court ruled that as parties before the board, the plaintiffs had standing to bring their complaint for judicial review to the Superior Court. However, the second judge (motion judge) concluded that the plaintiffs' challenges to the board's decision failed on the merits. Final judgment entered on December 16, 2009, affirming the board's decision.
   

Delay, Intimidate

Ken O'Brien

I recently wrote a piece remarking on the apparent absence of the firm specializing in municipal law from town activities.

Well, so much for that seeming hiatus.

As many of you are probably aware, a case is pending in Worcester Superior Court challenging the validity of the bylaw expanding the Board of Health from 3 to 5 members. (This should not be confused with a separate action now before the State Supreme Court relating to the landfill site assignment hearings).

Attorney Pecci was notified by Atty. Adam Costa of Blatman, Bobrowski & Mead on December 15th that, in anticipation of a Motion for Summary Judgment in the case, he had scheduled a series of depositions of six of the plaintiffs between Tuesday and Thursday of this week at Southbridge Town Hall.

Attorney Pecci responded to the proposed deposition with the following letter and motion:

Southbridge Town Council Rescinds Board Of Health Ruling

Kenneth M. O'Brien

At it's meeting tonight (August 8) the town council voted 7 2 to adopt the following motion:

"Vote to rescind the precedent created as a result of the ruling of Ex-chairman Lazo on a Point of Order at the Town Council Meeting of Monday, July 19, 2010 whereby Ex-chairman Lazo ruled that “the 2004 by-law creating a five-member Board of Health was null and void”. (Roberts Rules, p.294, line 28) “

Voting no were councilors McDonald and Vandal.

This sets the stage for the town manager and the council majority to attempt to appoint a fourth and fifth member to the Board of Health thus restoring a pro-Casella majority.

Agendas And FOIA Requests

Kenneth M. O’Brien

Things keep moving quickly in Southbridge these days. First, the agenda is now available for Monday, August 8^th’s meeting of the town council.

Most notable is the following (and, oddly enough, once again the last item on the agenda):

“15. Vote to rescind the precedent created as a result of the ruling of Ex-chairman Lazo on a Point of Order at the Town Council Meeting of Monday, July 19, 2010 whereby Ex-chairman Lazo ruled that “the 2004 by-law creating a five-member Board of Health was null and void”. (Roberts Rules, p.294, line 28) “

A Long And Winding Pant Load

Kenneth M. O’Brien

There has been a concerted effort to obscure the facts surrounding
whether Ann Beinema is still, in some way, associated with the 10-person suit related to the landfill site assignment.

The  following is a summary of  the timeline and facts related to this issue.

Ann Beinema was first appointed to the Board of Health (BOH) in the summer of 2009. Her appointment was conditional upon her withdrawal from the10-person suit.

Execrable Clemencey

Kenneth M. O’Brien

Last night’s (August 2) meeting of the subcommittee on Education and Human Services began on an interesting (some would say, intimidating) note.

A member of the Southbridge Police Department was present in plain clothes but prominently displaying his badge. When a question was raised as to who had requested such a presence, Chairman Denise Clemence proclaimed ignorance. The officer volunteered that he was there at the behest of his boss to preserve order.

Wag The Dog?

Kenneth M. O’Brien

In the course of fast moving events one has to evaluate incoming information as judiciously as possible.

Certainly the latest information regarding political maneuverings regarding the Southbridge Board of Health calls for perspicacity.

However, the emergence of additional facts can be coupled with prior experience to formulate a reasonable opinion of the forces that may be at work.

The sudden emergence of charges against the entire Lazo family just prior to the last town election certainly falls within this realm.

Resign Or Else!!!

Kenneth M. O’Brien

 

Responding to a request from the town manager, Board of Health member Anne Beinema, accompanied by her husband, attended a meeting with him at the town hall today (August 1) at 4 p.m.

Upon her arrival, she found that Police Chief Dan Charette also attended the meeting.

In essence she was told that she was being investigated for conflict of interest for having been party to the citizen lawsuit against the town and Casella. This was despite the fact that she had withdrawn her name some time ago.

Another Kick In The Charter

Kenneth M. O’Brien

In their ongoing rush to re-establish the controlling interests of our corporate overlords, the Clickolla led town council of Casellaburg has scheduled another palace coup.

As you are most likely aware, the town mangler has been seeking a doctor to replace the resigned member of the Board Of Health, Dr. O’Leary.

In the meantime, however, the new ruling majority has begun preparing for the reestablishment of a five member BOH without waiting to amend the charter.

Will Cart-Man Strike Back?

Kenneth M. O’Brien

Just as citizens celebrate their triumph over the Cart Monster, there are rumblings that Clickolla has plans to make that victory short-lived.

Such an administrative end run around the democratic process would be nothing new in Casellaburg.

We have Carlisle’s distortion of the Charter to create a five member Board of Health.

We have Healey’s “side letter” that altered the start date of the SRD contract as it was originally defined.

Now we have a variety of signals that there will be another avenue taken to re-animate this "Cart monster corpse".

Zero-Tolerance Lemon Laws

Kenneth M. O’Brien

I have made no secret of the fact that I am an outright liberal (or, in today’s micro-parsing of a once comprehensible language, a progressive).

In that regard I have argued for the need to regulate corporate, individual and political behavior that destabilizes society.