§ 385-7. Hiring of outside consultants., Chapter 385. Variance Requests, Part III. Board of Health Regulations, Code of Ordinances, Barnstable

As provided by MGL c.44, § 53G, the Barnstable Board of Health may impose reasonable fees for the employment of outside consultants, engaged by the Board of Health, for specific expert services deemed necessary by the Board to come to a final decision on an application submitted to the Board of Health pursuant to the requirements of the State Environmental Code, Title 5 (310 CMR 15.000), the Town of Barnstable Codes (Chapter 322, 326, 332, 346, 353, 360, 373, 376, 381, 385, 392, and 397), or any other state or municipal statute, code, bylaw or regulation, as they may be amended or enacted from time to time. It is the intention of the Board to use this authority judiciously, generally limited to complex technical matters as those of substantial impact to the Town of Barnstable.

Funds received by the Board of Health pursuant to these rules shall be deposited with the Town of Barnstable Treasurer, who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Board of Health without further appropriation as provided in MGL c. 44, § 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. Unexpended funds, if any, will be returned to the applicant at the conclusion of the proceedings.

Specific consultant services may include but are not limited to resource area survey and delineation, analysis of impacts on protected resources, areas, values and functions, hydrogeologic and drainage analysis, impacts on groundwater, public water supply wells, private wells, watercourses, coastal banks, wetlands, and environmental or land use law. The consultant shall be chosen by, and report only to, the Board and/or its agent.

The Board of Health shall give written notice to the applicant of the selection of an outside consultant, which notice shall state the identity of the consultant, the amount of the fee to be 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 sent by certified mail or hand 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 No such costs or expenses shall be incurred by the applicant if the application or request is withdrawn within five days of the date notice is given.

The fee must be received in its entirety prior to the initiation of consulting services. The Board may request additional consultant fees if necessary review requires a larger expenditure than originally anticipated or new information requires additional consultant services. Failure by the applicant to pay the consultant fee specified by the Board within 10 business days of the request for payment shall be cause for the Board to determine the application is administratively incomplete. The Board shall state such in a letter to the applicant. No additional review or action shall be taken on the permit request until the applicant has paid the requested fee. Failure by the applicant to pay the consultant fee specified by the Board within 10 business days of the request for payment shall be cause for the Board to deny the permit application.

The applicant may appeal the selection of the outside consultant to the Barnstable Town Council, which 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 shall consist of either an educational degree or three or more years of practice in the field at issue or related field. Such an appeal must be in writing and received by the Town Council and a copy received by the Board of Health, so as to be received within 10 days of the date consultant fees were requested by the Board of Health. The required time limits for action upon the application shall be extended by the duration of the administrative appeal.