An open letter from Robert Bissell:
In a major disappointment for conservationists, the
Vernal Pool provisions were deleted from the Wetlands
Ordinance Tuesday night (July 24) at the Ordinance Committee
meeting.
The Northampton Chamber of Commerce is responsible for
this severe setback to the Wetlands Ordinance.Before
the meeting it had appeared likely that the Ordinance
Committee would pass the intact Wetlands Ordinance on
to the City Council.However, at this 11th hour the
Chamber of Commerce presented a new report from a paid
consultant.The Councilors were given the report only
the night before.No one else in the room, including
members of the Conservation Commission, saw the report
before the meeting.The report raised some questions
about the Vernal Pool provisions and each councilor
cited the report as reason to delete the Vernal Pool
provisions from the Wetlands Ordinance.
It is unclear why a report from an unknown consultant
hired by the Chamber was given more credence than
reports of the City’s own wetlands experts on the
Conservation Commission who have been working on the
ordinance for more than two years.
The Chamber has had more than two years to participate
in the process, yet delayed giving input until this
moment.In fact I spoke with Suzanne Beck, the
executive director of the Chamber, several months ago
requesting input and advice from the Chamber.She
stated the Chamber had what it wanted:the 10 foot
downtown buffer zone.She said the Chamber was not
particularly interested in the Vernal Pool provisions.
She understood the compromise:conservationists
were willing to concede some things such as the 10 ft
downtown buffer AS LONG AS the Vernal Pool provisions
were intact.The Chamber has knowingly violated the
compromise which had been forged during two years of
difficult negotiation involving all interest groups.
After the meeting, various audience members described
the behavior of the Chamber as "underhanded,"
"deceitful," and "sleazy."Other people used words
best left out of print.
Until this moment I have had the greatest respect for
the Chamber – I was a long-time member (for more than
20 years, I think). But now, the Chamber has some
explaining to do.
If you feel the Chamber has acted inappropriately I
hope you will contact Suzanne Beck and/or Rick Feldman
(President of the Chamber).It is especially
important that they hear from members.
WHERE DOES THIS LEAVE US?
1)The remainder of the Wetlands Ordinance (without
the Vernal Pool provisions) has been sent on to City
Council and will likely be voted on at the September 6
meeting.Some conservationists feel the gutted
ordinance is now so weak that it does not merit
support. The ordinance appears likely to pass City
Council, though there may be attempts to weaken it
even more!Councilor David Murphy stated he would
like to change the replication wording, and there is
an early indication that the Chamber will also support
this change.This would further weaken the ordinance.
2)The Vernal Pool provisions: It is still possible
to pass strong Vernal Pool provisions.Presumably the
Vernal Pool provisions will be sent back to the
Conservation Commission for more work.To their
credit, Suzanne Beck and Rick Feldman have now pledged
diligent work to pass "stronger and better" Vernal
Pool provisions – they say this can be accomplished
"within a month or two."After lengthy conversations
with each of them, I fear their definition of
"stronger and better vernal pool provisions" differs
from the definition most conservationists would use.
I hope I am wrong and that they are able to remedy the
Chamber’s destructive behavior by the passage of
strong conservation-minded vernal pool provisions.
Note to Suzanne Beck and Rick Feldman:I will eat
crow at a Chamber event if you are able to fulfill
your promise of the passage of Vernal Pool provisions
which we agree are stronger and better than the
currently proposed provisions.If you are unable to
fulfill your promise, you and the Chamber will bear
the responsibility for greatly weakening the
protection of wetlands in Northampton.
(The views expressed in this email are mine, and are
not meant to coincide with the opinions of any other
group).
—Bob Bissell
A response from Rick Feldman:
I think it’s great that folks ask serious questions about what’s going
on, who is doing what, and how are local policies created. It gets
pretty difficult to follow all the details and machinations of hearings
and deliberations, and questioning becomes one of the best ways to
protect democracy.
I want to try and help clear up a couple of points where I think I can
provide real information about the wetlands and vernal pool protection
policy process.
First, and most importantly, the vernal pool protection piece was never
eliminated or eviscerated. The City’s Ordinance Committee sent that part
of the larger ordinance back to the Conservation Commission for further
review and refinement. It is very much alive and well.
Second, we need to be familiar with the process. When local policy is
proposed and gets to the Ordinance Committee, a period of public review
and comment is established. Public hearings are then scheduled
specifically to allow new questions, new findings, possibly new and
significant pieces of information, to surface. The idea is to make the
deliberations open and public. A lot, if not most, of what gets
presented at any particular public hearing will be new, and that’s what
the hearings are designed to encourage and allow.
At the July 24 Ordinance Committee hearing, the Chamber of Commerce was
among several groups and individuals who presented comment and
information related to wetlands protection and vernal pools. There are
Chamber members who have raised important questions and our Board agreed
that we needed to bring those forward.
The Chamber also presented, as new information, an analysis completed by
Mickey Marcus, Senior Scientist at New England Environmental, Inc. We
were informed that Mr. Marcus and his organization had very good
reputations around New England among conservationists and environmental
protection planners, and in working with him found his work very clear
and helpful. Our purpose was to stimulate public discussion and raise
questions, not "sink" local protection policies.
The Ordinance Committee had raised questions about the language in the
vernal pool protection sections previously, so this was not entirely new
territory.
The rest of the proposed ordinance, which essentially strengthens and
codifies wetlands protection practices and local policy, has been
supported by the Chamber. It was passed by the Ordinance Committee onto
City Council. In the meantime, the Chamber will help get Mickey Marcus
and the ConsComm folks together if they want, to review his white paper;
and the Chamber is ready to work with policy makers to arrive at a
vernal pool protection policy that will work well for the entire city.
I’ve been President of the Chamber for the past two years, and I want
you all to know these things: the Chamber is not secretive; the Chamber
membership includes businesses, not-for-profits in arts and human
services, environmentalists and conservationists, recreation leaders,
and neighborhood advocates; this is a very diverse organization. The
Chamber’s desire in the policy field is to help construct reasonable,
responsible, productive and effective local policies while advocating
for open public participation. I’m very proud to work with these folks;
this is an exceptional organization that always keeps the interests of
the entire city among its priorities.
Wishing you all well….
Rick Feldman
