NEWS: Selectmen Adjust Language Denying Kinder Morgan Access to Public Roadways [with video]
Because an earlier Selectmen's vote denying Kinder Morgan access to public roadways was deemed unenforceable, and because Selectmen received a letter from the energy firm stating that the Boards action was - in Kinder Morgan's opinion -illegal, the Board rescinded their July 14 vote and replaced it with language they believe would, in fact, be enforceable - although that is very much an open question.
Selectman Stewart Schulman said that, based on input from Town Counsel, this language would make the denial of access a legal action by the Board.
The Board then voted 4 to 1, "that no Private Company or Corporation shall be allowed to conduct surveying activity on any public way within the Town of Groton for the purpose of a natural gas pipeline project, without the express written consent of the Board of Selectmen, until such time as a Public Interest Determination has been made in accordance with the applicable Federal Energy Regulatory Commission application process for such project."
Selectman Jack Petropoulos, the sole NO vote, said that this vote is not substantially different than the previous one taken on July 14 in that "it denies access because we don't like what they do." He compared the motion to a patient that asks for a prescription that the doctor knows will not work and that the side affects, in this case civil liberties, are at risk. "I don't believe that Kinder Morgan cares; they can come back with an eminent domain" challenge. He expressed concern that denying access to public ways to Kinder Morgan would jeopardize any ability to negotiate with the energy company.
Selectman Peter Cunningham asked, "Exactly what are we preventing from happening?" adding that Kinder Morgan could probably do this with GPS technology.
Selectmen Chairman Josh Degen insisted that Kinder Morgan provide a public needs determination signed by the state and the federal agency FERC before he would allow any surveying from public roadways. "Any corporation can strong-arm before state and federal approval. They have to prove that they need to do this. We can say 'no' we won't allow it...We are making a statement."
Degen pushed for a vote by his colleagues because he said Kinder Morgan planned to have surveyors in Groton on Tuesday.
Because the first vote taken was unenforceable, Petropoulos suggested that Haddad ask Police Chief Donald Palma about the enforceability of this new language.
Haddad called the Chief and asked him to return to the meeting to address this. Chief Palma read the motion containing the new language and said that there is no crime involved and that it appeared to be a civil case. "It is tough to prove trespass on a public way," he said, adding that he would talk with the Attorney General's office on the matter.
Art Campbell of the Grotonline told the Board that Kinder Morgan and FERC laid out a process where the first step is to secure a baseline for GPS use and not the actual pipeline. "From what I hear, you are attempting to prevent them from filing the statement of need...which comes after this action."
Cunningham stressed that he did not want to spend any town funds to enforce trespass on a public way. "It is a tenuous position legally and I don't want to go to court...I don't want to get embroiled in a legal contest."
Selectman Anna Eliot offered, "This is just language for Kinder Morgan...It is not whether we enforce it or not."
Cunningham's concern was echoed by Finance Committee member Bud Robertson who added, "I don't want to see a pipeline in my town, but I don't want to spend our money not knowing whether the actual pipeline will come through Groton or not. Somehow it will come through," somewhere, he said.
