The Select Board met prior to Special Town Meeting on Oct. 20 to discuss the status of the proposed hazardous waste depot agreement through South Shore Recycling Cooperative (SSRC). The decision was delayed from the prior Select Board meeting on Oct. 7.
The proposed agreement requires participation by the member towns be signed by Oct. 28, and there was concern at the Oct. 7 meeting that the Select Board did not have all the information needed to make a decision at that time. PCJ covered that meeting in a previous article.
Town Manager Bill Chenard repeated what he had stated at the Oct. 7 meeting, addressing the issue that dominated the night, saying the town of Norwell declined to participate in signing the agreement, but they did not say why. He went on to say that the cost to the town would be approximately $2,550 annually over and above the cost incurred under the current agreement and Pembroke residents would have 12 to 13 opportunities to recycle their hazardous waste, at least six of which would be at the Hanover transfer station. "I see it as a positive," he said, and recommended joining the agreement.
The issues with the agreement
Member Steve Ciciotti opened the discussion, saying he had contacted the town of Norwell to see why they were not going to participate in the agreement. He added that the town of Cohasset also declined the agreement. Ciciotti said that the Norwell town manager told him that they "thought the agreement was bad for Norwell." Ciciotti continued that the agreement is a "great deal for Hanover," but not for other participating towns. He referenced the intermunicipal agreement (IMA) that had been discussed at the previous Select Board meeting, but also an intergovernmental agreement (IGA) between the SSRC and Hanover. This agreement states, according to Ciciotti, that Hanover does not have to pay any capital investment costs of the project, and that there is also an indemnification clause holding Hanover blameless for costs regarding such events as toxic spills. "What's the benefit? Is the current system broken? I don't think so," Ciciotti continued. "Nobody's asking for this. I don't trust it. That's where I'm at with it."
Member Tracy Marino said that she had contacted Pembroke town counsel, who told her "they were worried about it" (the agreement), to which Chenard responded, "So they have reviewed it?" and Marino replied, "they said they had no recollection of such a thing." A back-and-forth followed about whether town counsel had reviewed the agreement previously or not, as well as which counsel had reviewed it, if any. Chenard said he was going back to look over the emails he received regarding this issue.
If Pembroke does not sign the agreement by Oct. 28, the town will lose approximately six opportunities to recycle at Hanover but will still have the current options to attend other town recycling days. Resident Nicole Lydic spoke regarding the issues brought up by Ciciotti, saying that Cohasset had declined the agreement because "they were too far away. It was inconvenient for them." She went on to address the merits of the agreement, including the additional opportunities for Pembroke residents to recycle. "As a member of the Recycling and Sustainability committee, we see this as an awesome opportunity for Pembroke residents." She continued that the distance to other recycling towns may keep toxic recycling in sheds and garages, making for an unsafe environment. She noted that the costs are going up, and that the model Pembroke is being asked to sign can be an opportunity to keep costs down.
Vice Chair Sean Keegan expressed his frustration regarding the miscommunication with the legal review. "I'd like a clarification." Marino again brought up the issue of town counsel's concern with the agreement. She addressed Chenard, saying, "I had asked you if town counsel looked at it... which made me feel a little better. And now you're saying yes, but they're saying no."
What happens next
The agreement must be signed before Oct. 28 if the town will be included in the agreement. Ciciotti said the agreement could be cleaned up, and it would be more acceptable. Questions regarding the legal review and details of the IMA must be reviewed before any board members would change their objections and vote to approve the agreement. Ciciotti concluded that "it seems like there's maybe some opportunity for them to make this agreement a little bit more equitable in terms of the cost." The board was left to decide whether it will have another meeting next week, in order to decide the outcome of the IMA.
Update for board meeting tonight, Oct. 27
Select Board Chair John Brown confirmed that the board will be meeting Tuesday at 7 p.m. "to get answers and vote on the hazardous waste partnership. As of right now we were waiting on our lawyers feedback." This meeting will, reportedly, be the last opportunity for the board to make a decision on whether the town will participate in the hazardous waste depot agreement. Residents may attend the 7 p.m. meeting at Town Hall to hear more about the agreement and to express their opinions.
Town Manager Bill Chenard was asked for an update on town counsel’s review, but he did not reply by publication deadline.
