NEWBURYPORT — A lawyer hired by the City Council to review the mayor's proceedings with the capping of the Crow Lane landfill told councilors Monday that the host community agreement between the city and New Ventures, the owner of the landfill, remains in effect.
"We advise that the HCA has not been cancelled or substantially amended," attorney Gregor McGregor advised the City Council. "It remains in effect and has not been terminated or revised by the covenant and agreement signed by the mayor and New Ventures. By its terms, HCA cancellation or substantial amendment requires approval by the City Council."
McGregor told councilors the review by the law firm shows that the administrative order issued by Health Director Jack Morris is "legal and enforceable on its face" and under the Board of Health, an independent body, separate from the powers of the host community agreement and covenant between the city and New Ventures.
In March, the City Council agreed to hire its own attorney, independent from the town counsel Kopelman and Paige, to review the landfill situation. Mayor John Moak notified city councilors that he had ordered Health Director Jack Morris to send the administrative order to New Ventures to cap the landfill.
As it is an administrative order, the City Council had no power over the decision, and several councilors criticized the mayor's move, believing they should have been involved.
In April, a council advisory committee selected McGregor and Associates of Boston, a firm specializing in environmental law with experience with municipal clients, to provide them with a review. The law firm was not representing the council, but merely providing a consultation, McGregor said Monday.
At-large Councilor Kathleen O'Connor Ives, who is an attorney, said the independently hired lawyer would give the councilors a better understanding of their rights and would answer two questions: Does the mayor have the authority to circumvent the council's authority, and based on that answer, what options do councilors have in the process?
In Newburyport, only the mayor can sign a contract and make a hire for the city, and Moak did agree to hire the attorney following the council's request. He gave them a $5,000 cap on spending.
McGregor told councilors that the landfill "needs to comply" with the host community agreement, covenant and administrative order.
Following the meeting, councilors said they would digest the information given by McGregor and read through his eight-page response.
"As a council, we need some time to figure out the next step," at-large Councilor Donna Holaday said. The council will set up a Committee of the Whole meeting to discuss the response and determine what steps to take from here. That meeting has not yet been scheduled.
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