Page 6 THE SAUGUS ADVOCATE – Friday, September 13, 2019 SABATINO INSURANCE AGENCY Call for a Quote 617-387-7466 Or email Rocco@sabatino-ins.com We cover: * Auto * Home * Boat * Renter * Condo * Life * Multi-Policy Discounts * Commercial 10% Discounts * Registry Service Also Available W Wheelabrator attorney: Saugus Board of Health violated Open Meeting Law By Mark E. Vogler heelabrator Technologies, Inc. has accused the town’s Board of Health of violating the Open Meeting Law during last month’s show cause hearing the board held in response to noise complaints against the company. “We believe the Board committed several inadvertent violations of the Open Meeting Law related to its meeting on 8/5/19 and we submit this complaint in an effort to prevent this from happening again,” Boston Attorney Stephen Richmond wrote in a recent complaint. “The meeting agenda called http://www.sabatino-ins.com SABATINO 564 Broadway Everett, MA 02149 617-387-7466 Hours of Operation are: Mondays - Fridays 9am to 5pm Saturdays by appointment only for a show cause hearing followed by an executive session for “discussion concerning legal options of the Board resulting from the … show cause hearing … with respect to noise issues and related to litigation strategy,” according to a copy of the complaint obtained by The Saugus Advocate. “A Quorum of the Board was AUTOTECH 1989 SINCE Is your vehicle ready for the Summer Season?!! AC SPECIAL Recharge your vehicle's AC for the warm weather! Includes up to 1 IL. of Refrigerant* (*Most Vehicles) Only $59.95 DRIVE IT - PUSH IT - TOW IT! CASH FOR YOUR CAR, TRUCK OR SUV! 2012 VOLKSWAGEN JETTA SE Auto., Leather, Loaded, Excellent Condition, Clean Title, Warranty, ONLY 72K Miles! Trades Welcomed READY TO GO! 2009 HYUNDAI SANTA FE GLS 4x4, Most Power Options, New Tires, New Brakes, Just Serviced, Warranty, Only 130K Miles PRICED RIGHT! 781-321-8841 $6,995 $5,995 Easy Financing Available! 1236 Eastern Ave • Malden EddiesAutotech.com We Pay Cash For Your Vehicle! www.reverealuminumwindow.com present during the meeting. During the open session, the Board Chair stated that the board had a discussion with its attorney before the meeting. Prior to entering the scheduled executive session, the Board Chair stated the Board needed to confer with counsel, consider the comments it had received during the show cause hearing, and if need be hold Wheelabrator accountable. He then entertained a motion to enter executive session for the purpose of further discussion.” In his complaint filed on Aug. 30 against the Board of Health, Richmond cited the following violations: The board improperly discussed substantive issues with its counsel in private before the public meeting. This discussion was not properly noticed to the public nor was an executive session for this discussion voted upon in public session. The meeting notice called for a “discussion concerning legal options” in executive session. However, the Attorney General has repeatedly determined that consideration of legal options is not sufficient cause to deliberate in executive session. The Open Meeting Law does not shield legal discussion from public view. The litigation purpose exemption in the Open Meeting Law (purpose 3) didn’t apply because litigation was not pending or imminently threatened. And it wasn’t likely, considering the range of options being considered. The board did not conclude in the public session that public discussion would have a detrimental effect on the Board’s litigating position. The Board has recently taken action on unrelated litigation with Wheelabrator by appealing a permitting decision of the Superior Court without a discussion in public session. If the Board discussed that appeal in the 8/5/19 executive session, that discussion would have not been properly noticed to the public. “To cure these errors of law,” Richmond requested that the Board make public its full minutes of the August 5, 2019, executive session and also prepare and make public minutes of the discussion it had before the public discussion on August 5, 2019. Board of Health Chair William Heffernan would not comment on the complaint filed by Richmond, of the Boston law firm of Beveridge & Diamond, P.C. The complaint was on the agenda to be discussed at Monday’s (September 9) Board of Health meeting. “This needs to be discussed in an executive session,” Heffernan said when the item came up for discussion. “On the advice of counsel, he’s advised us to table,” Heffernan said, referring to Attorney George Hailer, special counsel to the Town of Saugus on Environmental Affairs. Hailer showed up for Monday’s meeting, but left after conferring with Heffernan. The Board of Health must meet to review the complaint within 14 business days (usually 20-22 calendar days). After its review, but within 14 business days, the board must respond to Wheelabrator in writing and must send the company a response and a description of any action it has taken to address the complaint. The board must also send the state Attorney General a copy of its response. The Board of Health requested representatives of Wheelabrator Saugus, Inc. to appear at last month’s show cause hearing to explain why the operation of the company’s trashto-energy plant allegedly violated noise and air pollution regulations for a period in June and July. Board members said it would take a month before deciding whether to take any enforcement action against Wheelabrator. But the board has no meeting scheduled until November.
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