11/20/2003 CONSERVATION COMMISSION Minutes

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MODEL RULES FOR HIRING OUTSIDE CONSULTANTS UNDER GL CHAPTER 44,SECTION 11 As provided by GL Chapter 44, section 53G, the Mashpee Conservation Commission may impose reasonable fees for the employment of outside consultants, engaged by the Conservation Con fission, for specific expert services deemed necessary by the Commission to come t final decision on an application submitted to the Conservation Commission pursuant to the requirements of the wetlands Protection Act GL Chapter 131, section o and Conservation Commission Act L Chapter40, section 8Q. Funds received by the Conservation Cormnission pursuant to these rules shall be deposited with the l lashpee treasurer who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Conservation Commission without further appropriation as provided in GL Chapter , section 53G. Expenditures from this account shall be made only in connection with the review of a specific project or projects for which a consultant fee has been collected from the applicant. Specific. consultant services may include but are not limited to resource area survey and delineation, analysis o resource area values,hydrogeologic and drainage analysis, impacts on municipal conservation lands and environmental or land use laver. The consultant shall be chosen by, and report only to,the Commission and/or its Administrator. The Conservation Commission shall give written notice to the applicant of the selection of ars outside consultant, which notice shall state the identity of the consultant, the amount of the fee tole charged to the applicant, and a request for payment of said fee in its entirety. Such notice shall be deemed to have been given on the date it is mailed or delivered. No such costs or expenses shall be incurred by the applicant if the application or request is withdrawn within five days of the date notice is given. Access by any permit applicant)to any consultant retained by the Conuffission.under this section of the regulations shall only be through the Conservation Office. Questions, inquiries, comments shall be submitted to the Conservation Office in writing(unless at an on-site meeting as arranged through the Conservation Commission)and then be provided to the consultant by the Commission. Responses (from the consultant, in response to the applicant's r'tt n communication) shall be returned to the Commission, whereupon the Commission will provide a copy of said response to the applicant. The foe must be received in its entirety prior to the initiation of consulting services. The C rrunis ion may request additional consultant fees if necessary review requires a larger expenditure than originally anticipated or new information required additional consultant services. Failure by the applicant to pay the consultant fee specified by the Commission within ten 1 business days of the request for payment shall be cause for the Commission to determine that the application is administratively incomplete (except in the case of an appear. The Commission shall state such in a letter to the applicant, copied to the DEF. No additional review of action shall be taken on the permit request until the applicant has paid the requested fee. The applicant may appeal the section of the outside consultant to the Mashpee Board of Selectmen, who may disqualify the outside consultant selected only on the grounds that the consultant has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications tions shall consist of either an educational degree or three or more years of practice in the field at issue or a related field. Such an appeal must be in writing and received by the Mashpee Board of Selectmen and a copy received the by Conservation Commission, so as to be received within tern 1 days of the date consultant fees were required by the Conservation Commission. The required time limits for action upon the application shall be extended by the duration of the administrative appeal. AO'NCo /N8 33 Ho 13dH SLq ijA 0 1