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massdee
Moderator
5299 Posts |
Posted - 11/17/2008 : 8:41:08 PM
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| What did they say about the States cease and desist order? |
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tetris
Moderator
2040 Posts |
Posted - 11/17/2008 : 8:50:31 PM
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| One time I thought that I heard that the judge didn't allow the cease and desist because he didn't think that the state would prevail if the case went to trial; another time, it was that there were too many issue that needed to be resolved and a trial would be necessary to sort them all out. Not the first time that I've heard either one of them; so, I'd really like to know what the ruling actually says. |
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massdee
Moderator
5299 Posts |
Posted - 11/17/2008 : 8:53:51 PM
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| Would the ruling be public record? |
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tetris
Moderator
2040 Posts |
Posted - 11/17/2008 : 9:05:34 PM
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| Should be; but, for some that stuff just seems hard to come by. I know that some people were searching for the documents that Tails ultimately posted about the case this summer. I know of at least one person that went to the courthouse to get them and came up empty. |
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Tails
Administrator
2682 Posts |
Posted - 11/17/2008 : 9:06:24 PM
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I contacted the DEP to see if they could attend the Public Meeting in October. Here is a copy of an e-mail I received from the DEP. My perception of this is it was not DENIED for the facts stated tonight but for the fact of Wood Waste's lengthy enforcement history issues. So....I would ask the Chief of Staff to please speak blatant truths.
This may help a little:
The Department will not attend the hearing since we can only restate that this matter is currently pending in Suffolk Superior Court. In order to give you some background on our efforts, I have attached a copy of the Preliminary Injunction (without affidavits) the Attorney General's Office filed for the Department. The judge recently denied the injunction stating, in essence that, given the complexity of the regulations and the facility's lengthy enforcement history, the matter should be resolved in a full trial. We are awaiting the scheduling of this trial. |
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Tails
Administrator
2682 Posts |
Posted - 11/17/2008 : 9:17:47 PM
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How many people said "no" when the chair was in doubt to refer this to the Board of Alderman? Steve Simonelli and K-Hicks said no once before and it didn't matter. Cant the President on her last days stop playing favoritism?
I hope Millie is the next President. She was more refined and I have hope that she will be fair. |
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massdee
Moderator
5299 Posts |
Posted - 11/17/2008 : 9:39:10 PM
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| I thought Sal DiDomenico ran an excellent meeting and would like to see him as Council President once again. Furthermore, it couldn't hurt if he is going to run for Alderman at Large. |
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massdee
Moderator
5299 Posts |
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massdee
Moderator
5299 Posts |
Posted - 11/18/2008 : 3:04:29 PM
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I called the DEP today and spoke to the Regional Director, Mr Richard Chalpin. I wanted to know if the city had the authority to issue Wood Waste a cease and desist order. The city can.
This was his answer, "Even though the judge wants a trial to show evidence, the State was not able to immediately shut Wood Waste down, any city or town manager has the full authority to issue a cease and desist." |
Edited by - massdee on 11/18/2008 3:10:53 PM |
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Tails
Administrator
2682 Posts |
Posted - 11/18/2008 : 3:25:02 PM
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I spoke with him too. Nice, helpful person but clearly aggravated with this company. I told him what was said, that the city claims they can not.
The Mayor, along with the Board of Health, can under Noisome Trades, and has full authority to issue a cease and desist. As far as the States' request and the city.....the two are not mutually exclusive. |
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massdee
Moderator
5299 Posts |
Posted - 11/18/2008 : 3:32:55 PM
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If all it takes is a phone call, why aren't our elected officials doing their homework before going to their meetings?
If I understood Mr Chalpin correctly, and I feel certain I did, it's my opinion that Councilor Peter Napolitano owes Councilor Simonelli a public apology.
Obviously, Councilor P Napolitano didn't call the DEP previous to his statement. He was wrong and misinformed besides being rude and condescending. |
Edited by - massdee on 11/18/2008 4:10:05 PM |
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Tails
Administrator
2682 Posts |
 Posted - 11/18/2008 : 4:48:57 PM
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I think Erin owes the public apology too. She tried to out-talk Councilor Simonelli and I know that condensing Napolitano did that on purpose.
He knew perfectly well that Steve Simonelli is not the type of person to just sit back and take insults that way. He was the one that should have been shut off. Steve Simonelli is absolutely correct, he was all up in arms over Boston Sludge and he has not done one thing about Wood Waste.
Just look at the over weight trucks. He proclaims to be fighting this battle for 10 years too and he made that get referred back to sponsor and he let that one die. Do we have to wait another 10 years....... waiting for him? Give me a break. He can take that condescending/ Mr. Know it all attitude right off the floor. People are sick of it. |
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n/a
deleted
136 Posts |
Posted - 11/18/2008 : 8:11:01 PM
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| Just finished watching the meeting. Someone needs to knock Miss Deveney right off her high horse. She speaks to people like they are little people and you guys are right Peter was doing the same thing. What I dont get is why everyone is taking this personal or like a personal insult? This is not about them. Contact one of the former mayors they will tell you that the health department have every right to file a stop order on Woodwaste. The environmental protection is kind of useless to because they want their $300.000.00 from Woodwaste and they love it that he keeps paying the fines. For them to try and file an contempt order against him, his violations must be very bad that no one really knows about. Its easier for him to keep taking in as much as we wants of any kind of material, if he is suppose to or not smash it in the outside and it blows all around in the air and the houses are filled with smells and chemical dust. Its really disgusting and sad that no one wants to do anything about it. I hope that committee gets set up and good people are on it. Courts listen to those committees. It was the Newburyport mayor himself that set up the one there. |
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n/a
deleted
11 Posts |
Posted - 11/18/2008 : 9:39:19 PM
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| She talks to people that pay the salary like that no one ever had before. All the layoffs hapening right now and cuts and she cant get that right. DHL is going from 500 drivers to 70 in a month. She should be working very hard for Everett and respect Everett people. Why did she talk on this this is legal matter. Any cuts should start in mayor office himself. That dump by stop and shop is a headace and the guy a jerk to do this.Get him out of here. He think because hes freinds with the mayor he can do whatever. He cant do whatever and people are knocking on his door and hes getting mad. too bad. |
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massdee
Moderator
5299 Posts |
Posted - 11/19/2008 : 11:09:38 AM
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| Does anyone know if there are any restriction on the amount of debris that can be stored on the Wood Waste property and how quickly it needs to be removed? Don't forget this is a waste transfer station. I don't imagine he is licensed to store the debris on site indefinitely. It is not a storage facility, shouldn't he be moving that stuff out of there in a reasonable amount of time by the means that are available to him. I personally feel, he should not be allowed to bring in any more debris until what he has stored there is removed. I don't know if that is a cease and desist or if there is another legal way to go about it. I guess it would all depend what the restrictions are on the Wood Waste license. |
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COMMON COUNCIL 2008
