JAY – A decision on whether to modify the town’s environmental ordinance and permitting system will be up to voters, with the selectmen directing the town office to prepare a warrant article for the next town meeting.
The Environmental Control and Improvement Ordinance was enacted in May 1988 at town meeting, representing an attempt to locally regulate industrial pollution released into the air, water and landfills. It can only augment state and federal regulations regarding environmental impact, rather than superseding them. The ordinance also set up a system of fees, which fund an environmental permitting reserve account. That money is currently used to fund the town’s environmental code enforcement officer, consultants, supplies and the work of the planning board.
At June town meeting, residents will vote on an article, drafted by Town Manager Ruth Cushman, which would modify or suspend portions of the ordinance.
If approved, the environmental code administrator’s salary and other expenses, previously funded through the fee system, would instead be paid for by the town. The assumption is that as the town and ECA/CEO Shiloh Ring would no longer actively dealing with environmental issues, reducing the roughly $200,000 in annual expenditures, funds that come out of the permitting reserve account. Ring would be freed up to serve as a code enforcement officer and building inspector for the town, positions mandated by the state in 2012.
The intent would be to continue paying Ring and planning board expenses out of the ordinance-funded account until it is exhausted. After that, the cost to fund the CEO/building inspector position and planning board would be borne by the town, like any other department. Prior to 1988, such functions were paid for by the town.
The proposed modifications have provoked some debate at selectmen meetings. Supporters of the change say that the town’s environmental ordinance is largely surpassed by federal and state regulations that have become significantly more stringent since 1988. They also argue that nullifying the permitting process will make the town more attractive for businesses. Those against the change point out that the planning board and other associated functions are currently self-sustaining, and that allowing the reserve fund to run down will force the town to pick up an additional cost.
The previous modification to the ordinance was in 2009, when voters agreed to lower the reserve fund’s cap from $1 million to $800,000. An attempt to suspend the ordinance was made in 1999, but was voted down at town meeting.
The amendment to the ordinance would include a provision allowing for the process to be reinstated at a later date if necessary.
