Friday, December 19, 2008

New Ventures info from Everett

A message from MassDee, in Everett:

Just a heads up.

Everett's Board of Alderman, on Monday Dec 22nd will be ordering the city's Board of Health to place a Cease and Desist Order on Wood Waste/Thibeault.

Also, at that same meeting, the mayor will be presenting a consent order to allow Wood Waste to move his piles to another location in Everett, to be shipped out by rail to the mid west.

The residents are against this. Wood Waste will then be operating out of two sites in Everett.

If the consent order passes, it would take off the table Wood Waste trucking the debris to Crow Lane for the immediate future.

I will update you after the meeting on Monday.

Thanks, MassDee.

10 comments:

Anonymous said...

I thought the area that he wanted to move to was near wetlands or water. Wouldnt the DCR or a conservation committee have to approve that? Sounds like Bill Thibeault is trying to prove once again he is above the law. The sooner the two cities be rid of him and his 100th LLC the better.

Ari Herzog said...

My understanding is Crow Lane does not have enough material to be capped, so if this debris does not go to Crow Lane, when and more importantly how can the landfill be properly capped?

Dick Monahan said...

Speaking of stories that did not get enough local coverage, ...

The two front page stories in this week's Liberator are about the camouflaged gunman and the C-10 group.

I read the Daily News every day, and I read the Current when I manage to find one. I had not known that there was a meeting at the Bresnahan School, at which our Marshall presented the entire story of "The Day of the Camo Gunman". Everyone should read that story. Can you believe that our communication system was effectively put out of service because 350 people felt compelled to dial 911?

I did know about the C-10 group's funding being cut, but I didn't know all the background that is in The Liberator.

This newsletter (magazine?) is getting better and better. You're missing some good stuff if you don't subscribe.

Gillian Swart said...

Anonymous, thank you. I do believe you are correct about that.

Ari, I think the position of the ad hoc committee is that there is enough material there to cap the landfill, or there should have been, at least, by now. I'll have to look into it more.

Dick, I think the Liberator is filling the space the Current used to fill. There are many, many stories out there that are either under reported or not reported at all.

Anonymous said...

The Everett Board of Alderman have unanimously passed a Cease and Desist Order against Wood Waste/Thibeault. This does not mean our mayor will order it. He probably will not.

We also learned last night that the mayor's Consent Order does not have to be approved by our City Council. In other words, whatever the mayor decides that should be part of the Consent Order is what will be in the Consent Order. Mr Thibeault and the City of Everett must sign it to make it enforceable.

I don't expect there to be much teeth in this order. It is still only a draft and the details were not made public.

MassDee

Anonymous said...

Mr. Thibeault is no longer railing out his waste. The waste would not fit in tunnels via train. He is holding on to his piles at Wood Waste and they STINK.

He's gambling again that the court's will reopen the landfill.

I know Newburyport needs a resolution, but what ever waste sits at Wood Waste now, really stinks, so I cant imagine what's in there. What ever he has brought to the landfill from Wood Waste, has been the odors at the landfill.

The courts and the city should force him to cap it with soil and be done with him, once and for all. God help Everett because the smells are almost a mile away.

Anonymous said...

The Mayor of Everett and the City Solicitor claim they are not pursuing a cease & desist order that the Alderman want, because they are taking the advice of Jack Morris. They claim Jack Morris told them that the consent order has more teeth than a cease & desist. The majority of residents in Everett want this business closed down. He is breaking the law and has not abide by one agreement from all the way back to 1995. He will not abide by ANY consent order. We have to try to close him down and get rid of him. It's a battle, but you have to try and a consent order buys him time and more money.

Anonymous said...

If you follow this link you can read a synopsis of the Everett's Board of Alderman meeting concerning Everett/Newburyport.

http://bbeverettma.forumco.com/topic.asp?TOPIC_ID=766&whichpage=37

or just: http://bbeverettma.forumco.com

under Wood Waste. Some comments are under BOA too.

Anonymous said...

Folks in Newburyport really need to know what happened in Everett concerning the cease and desist matter on Wood Waste. A good portion of this subject was on Newburyport and the owners intentions for the landfill:

The Mayor spoke first and presented his consent order. The Board of Alderman received a copy of a Draft Consent Order, just fifteen minutes before the meeting. The draft order basically said: “We are addressing the odors and dust permeating from Wood Waste which constitutes a public nuisance and the numerous complaints received. This is an attempt to regulate Wood Waste. Wood Waste is to disperse odor control agents and the Everett Board of Health will monitor and if they find a violation, it must be fixed in seven days. If not, then the city has the right to seek injunctive relief and serve financial penalties.

The consent order “originally” said the piles he has were to be loaded at the current site on Route 16 via closed containers and shipped to the lower Broadway site (which we find out he does not even technically own)

What the administration failed to find out first was……the containers exceeded bridge heights and this can not be done. Of course Mr. Thibeault still wanted to bring the piles to the lower Broadway site (I know it’s because he’s running out of room…and saving it for the landfill) The Mayor stated that he rejected this proposal from Mr. Thibeault ( I also know this would NEVER be approved by DEP) because it’s a greater health risk. The Mayor said a couple of times that Wood Waste is a public nuisance but might not be a health hazard, so he does not want to explore the option for a cease and desist.

As for Newburyport’s input, it was stated by Colleen Mejia, the City Solicitor that they met with Newburyport’s Board of Health, Jack Morris, and that was suggested by council from the DEP to work with him and strategize with him.

Mrs. Mejia stated it was Jack Morris who suggested this consent order, and he said take this route rather than a cease and desist that a consent order would have more teeth and this is the reason the City of Everett went this way. I’m sure if this is true, Jack Morris had good intentions, and we should appreciate his help however, Wood Waste had these orders in 1995-1999-2001…and on and on and today. He should know that a consent order to Mr. Thibeault is nothing more than the paper it’s written on.

“Dust Control” was part of the order in 1995….and we are still addressing the issue in 2008! This company pays the fines and keeps doing the same thing. In June, Mr. Thibeault attorney, Anthony Rossi, went in front of the city council and had “Great News”…Mr. Thibeault has 18 months to build an enclosed facility. NOW….the city solicitor is saying its two years….. or more…which is it???

Another thing I found interesting is the DEP had an order in the year 2002 that only gave him 15 months to build an enclosed facility, and in the mean time…somehow…..that got snuck into the Purchase and Sale’s agreement for the old city yards Mr. Thibeault recently purchased, right next door to Wood Waste. The question was asked….”How does a purchase and sale agreement supersede the DEP? “Mrs. Mejia answered that “It’s the DEP that needs to be more aggressive” I agree with her on that part however…..how would the DEP know about the City of Everett sneaking that into a P&S agreement?? I think this could be challenged in court, if necessary. I’m sorry….she should have known better….she’s the one that has been in the city’s law office the entire time that Wood Waste has been in Everett.

I also find it odd that the Mayor will not explore a cease & desist because of financial constraints however……if Mr. Thiebault slaps him in the face he will use his resources and take him to court. So, one hand is saying we don’t have the money, but the other hand is saying….if he insults me, we will have the money. It’s either we do…or we don’t. I did not like the fact that the Mayor was barking about the fact that Mr. Thibeault’s reputation has been tarnished throughout the city. I would say there is no one else to blame but Mr. Thibeault himself, so don’t use the podium to stand there and whine.

The Mayor said he wants to go to court with monitors since no one has been hospitalized or sick so he has nothing to go on. Who is he kidding?? He admitted himself that Wood Waste stinks, his own eyes burn when he’s there. I wanted to ask him if that was a joke.

I’m also VERY TIRED of him comparing Wood Waste with other companies in Everett. They should sue him for slander. Not one of those other companies has complaints against them and especially from the Department of Environmental Protection! Mr. Thibeault has boxes full of complaints! When you are there to talk about Wood Waste, he should stay on the matter of Wood Waste and stop brining up other businesses in Everett that he’s going to get…one by one.

At one point, Alderman Van Campen stood up and said “Lets do the Air Quality testing to build a cease and desist order on the company, and the Mayor started getting loud again and the solicitor just jumped in. Just send him to anger management Colleen.

She also basically called the DEP liars. I too have spoken with the DEP and have e-mail from them. They have records of how often they have tried contacting the City of Everett, to no avail, so this administration really needs to be careful what they say in public. She also said she wants the consent order she does not go into court blind although…..there is a letter…signed by Mayor DeMaria stating that the issues at Wood Waste constitutes a public nuisance. That’s enough sight for me to go to court.

Another Newburyport comment from the Mayor was Newburyport issued a cease and desist and for 3-4 years now have had an open landfill with obnoxious odors coming from it and he does not want the City of Everett in this predicament. Open your eyes Mr. Mayor…..we are in this predicament.

The solicitor stated what was needed for a cease & desist and she told an Alderman to investigate, take citizen complaints, and that should be enough. If that’s the case…..then our BOH already has a case.

What I can’t believe is Mr. Thibeault is again slapping the taxpayers of Everett and that’s exactly what the consent order is doing. We have to hire a company at 10-20 thousand dollars for one test or we can “buy” the equipment and our BOH has to get trained on it. I feel like the city is babysitting a nursery school child and we keep giving into him. I’m sorry……but the Board of Health director made a ridiculous statement. She said the odors have to be much stronger than they are to be harmful to anyone. How can she make that judgment?? The director also stated the “test” needs to be done in late spring…early summer…well…what goes on in the meantime?? He still operates?? This makes NO SENSE.

More on Newburyport was the Mayor stated Newburyport was going to court in February. That’s why he’s not doing anything with the piles. Another slap to the citizens of Everett. The City Solicitor stated that Newburyport filed a cease and desist once and Mr. Thibeault received an injunction and won. That’s when Newburyport came up with an agreement with him but she couldn’t remember if Mr. Thiebault complied with that agreement. If I was a gambler, my bet would be, he did not. She went on again that Jack Morris told her “Just enter into an agreement with Mr. Thibeault to save all these steps”. I’d like to ask him about that because he knows better than anyone an agreement with Mr. Thiebeault is not worth the paper it’s written on.

The consent agreement had a line in it that said “Please note that this agreement does NOT address the removal of the piles or the pile heights from the current Wood Waste site. That’s for the landfill…. and Mr. Thibeault is that cocky that he’s probably certain that he will win his court case.

I also did not like how the Mayor got testy with Alderman Marchese about the smells. Asking him sarcastically….” Do you know for SURE it’s bad for you health or are you just going by the egg smell” How condensing!

We were also told that the Crow Lane landfill is the only option to get rid of these piles per the City Solicitor. That’s because it’s C&D material and that Crow Lane is the only one left that accepts that material per the DEP. She said there was another one in Ohio, that’s the one we were PROMISED the piles would go to no later than July 14, 2008.

I find it very inaccurate work, which the city just finds out from the DEP that they do not have jurisdiction over the piles. This is something the Solicitors office and the Board of Health should have known for years. The solicitor mentioned that the DEP told her they have not deemed the piles a health risk, so the city can not. I don’t believe that, and I sent an e-mail to the DEP about it. Those piles are C&D material, of course they are a health risk. It does not take a rocket scientist to figure that out.

It was mentioned that a man that lived on East Elm Street passed away from cancer at age 58. Another woman who lives near Wood Waste was diagnosed with kidney cancer and thank goodness, she said she would be okay. These cases very well might not have anything to do with Wood Waste but in the interest of public safety, it should be looked into. What about the woman that lived two doors down, from the man that passed away on East Elm Street that called the Ward 1 Alderman, crying, that she had to cancel a Birthday party for her daughter because the smells from Wood Waste were so bad. Her eyes were burning and she was going to the hospital. There are so many sickness stories all coming from the Wood Waste area and that’s why it really ticks me off, when the Mayor always starts talking about the other businesses in Everett, that have been good ones.

The Mayor also stated that the DEP does not have any bad monitoring’s from Wood Waste site and a company came out for a free consultation and in their professional opinion, nothing harmful is being expelled. He also said he has no doubt a court of law will not go against Mr. Thibeault capping the landfill, just from the facts of this case. The materials he has, fits with what the DEP wants in the landfill.

I’m not happy with the Independent getting to see the draft order before the Alderman. The Board of Alderman was supposed to see it, and give their input, and then review the final draft. I think the Mayor had no intentions of doing that, since the papers got it first. What a slap to the Board of Alderman.

I conclude with, I don’t trust this administration to monitor anything that concerns Wood Waste. These are the same people, the Mayor, His Chief of Staff, His Solicitor and friend, Mr. Thibault’s attorney, Anthony Rossi that were CHEERING in the hallway when the sale of the city yards went through, and Mr. Thibeault being a huge campaign contributor to the Mayor. If Mr. Thibeault had any intentions of building an enclosed facility he would have done it years ago. The money he would have spent on a building would have been a drop in the bucket compared to what he spent on lawyers, so he never had any intentions. It’s pretty simple to me, a Cease & Desist will stop the waste/shredding of materials spewing all over the place in the air, but a consent order will keep allowing it. I know what my choice is.

Anonymous said...

I just wanted to leave a note to thank a Newburyport resident, Gloria Braunhardt for a lovely letter to the Editor in the City of Everett’s Leader Herald newspaper, informing the residents of Everett of just a bit of what’s been happening in Newburyport. We have not seen anything like that in our newspapers, all we hear is propaganda from the DeMaria administration. Week after week, they try and paint Wood Waste as being angels and the saviors of Everett. Mr. Thibeault has been paying to have these propaganda articles in the newspapers however, when an Alderman disputes what he says, and writes his own article, Mr. Thibeault just opens his wallet and has to have the last word, and keep repeating himself, of how great he is. Many, many people in Everett can see that Mr. Thiebault did not write these articles, they are the exact replica wording and formatting of the Mayor DeMaria’s Chief of Staff, so it’s blatantly obvious that the city of Everett is in trouble. Thank you Ms. Braunhardt, if you read this blog.