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Wednesday, April 10, 2013

I still don't know, do you?

Okay, I still don't know what the heck is going on.

What was the point of last Friday's exercise, only to announce four days later that there were more mistakes in the election?

While I did a piece earlier relative to the election.  I left out the rest of last night's meeting.  The tail end  was a bit interesting and a bit significant.

One of the more interesting tidbits, which I quite frankly don't understand and didn't quite grasp the rationale, is the proposed solar by-law article and the fact it is being listed as petitioned by the Board of Selectmen.  I am sure there is a reason, and it may be my mind was still spinning a bit too much at the time when it was discussed to grasp the reasoning.

Also, for the first time publicly we heard the "option" of passing over the DOR articles.  We also heard that apparently there is a draft of the proposed legislation to be submitted if Town Meeting approves the article for a town manager.

Might have been nice if the draft of the legislation was in fact the article we were voting on.

Make no mistake about this one folks, speaking as one resident who has one vote at Town Meeting, there is no way I can legitimately support the proposed article.  There is no way I would be supportive of leaving the decision in the hands of any Board of Selectmen to draft and submit the actual special legislation.

A Town Meeting vote should be based upon the legislation to be submitted.  It should not be   based on the conceptual design.  

Turbines and messed up general elections notwithstanding, the proposal for a town administrator (strong town administrator) is the most significant move this town could be making since the 1930s.

This is not to say I have changed my opinion on the need for a strong manager.  I have not.  My opinion remains the same on that component and the others which have been touched upon from time to time.

I want to nip in the bud something floating about the rumor mill right now. 

If the article for the proposed government study committee passes, this is one individual that does not want to be considered for one of those seven seats.

It is my intention to seek one more term as a finance committee member from my precinct if it will have me.  The Town Code would in my opinion prohibit Fin Com members from sitting on the government study committee in the first instance; and, quite frankly even if I am not reappointed or if reappointed and the article is otherwise amended, I would not seek a seat on the government study committee, nor accept one if offered.

You may recall the discussions here about the hoped for "Charter Commission".  At that time I quite frankly was leaning toward running for one of the seats on such a commission if in fact the initiative could become a reality.  

I believe my thought process on an eventual "new form of government" was a bit more flexible at the time.  I had preferences in mind, but I did firmly believe the same were just that, preferences.  Ideas and thoughts I would like to see come about, but was willing to modify or give up to a better thought or idea.

That seems like an eternity ago now.

There have been a series of events, actions and inaction, which quite frankly has led me from preferences to firm opinion.  

Not a good thing for any member of any study committee.  

I would like to think I would remain open to all ideas and suggestions, but I don't see that happening for what I now feel are core needs in this Town.

I might still be tempted if the charter route were going to happen.  Such a position would be elected and if I ran I would state exactly what was said above (no option otherwise after this piece, is there).  A decision by the voters would decide the matter.

But a Charter Commission is not an option in my mind at this point, Quite frankly I don't see where we as a Town can afford the delay in time that would ensue in going that route.

There are other reasons why I would not sit on a study committee, but none more important than that one for me.  So anyone out there thinking this writer is going to be on the study committee can rest easy.

I am out of the running.

Before I end this piece, let me point out the most disturbing fact I have remaining about any "re-do".  Trust me when I tell you by the way, at this point with everything coming out, I am not going to be jumping up and down, ranting or raving if it happens.

What does bother me is the exactly what will be re-done.  

Certainly one most probably would be safe to assume that certain elections were not affected by the errors.  But is it safe to assume that if say there may be a seven voter discrepancy and at least that many ballots are in question necessitating a "re-do" that all the write ins for Town Meeting members are safe to assume to be legitimate?  A whole lot of people have been elected with 3, 2 and 1 votes.

Do we redo that too?  Or accept that portion of those ballots as untainted. If there is a question as to the validity of a ballot in one race, should not its validity be questioned in all races potentially affected?

The most interesting points raised last night revolve around how to deal with time periods for voter registration, if any; and, can or should the new election be limited to just the B of H race and/or just the original contestants.    

Forget about the TM members, how does one leave off the one year planning board term in any request made by the town for a new election?  

Somebody wanted to throw another wrinkle into the mix that could give everyone palpitations?  There is now a vacant seat on the BPW.  If you have to hold a special election, why not put that vacancy on any new ballot?

The "why not" is in the I believe 1992 amendment to the special legislation authorizing an elected BPW.  The same changed the procedure for filling a vacancy from appointment until the next Town election to the next annual Town election.  

Of course this begs the question of whether a re-do of the annual election, in whole or in part, is in fact still an annual election.  More a thought than a reality I think.  Although I think I have said that a few times about some things over the last week or so.  

Enough questions.  Bottom line, I still don't know.

Be safe.  Might be the best thing we can hope for at this point.
    



1 comment:

  1. The Planning Board has been working under agenda item 1.) Long Range Planning -Wind Energy Facilities, for the last year. Next were 2.) Long Range Planning - Chip Seal, Subdivision Regulations. The Solar Energy bylaw was transmitted from the Board of Selectmen/Town Planner office to the Planning Board last fall. The proposal was entered as 3.) Long Range Planning – Solar Energy Facilities. The Board worked on the bylaw in the order it was received. The Planning Board holds the hearings for all zoning bylaws, which we did. We amended the proposal from the original model bylaw to one crafted specifically for Fairhaven. That is what is now before Town Meeting.

    So, it originated from the Board of Selectmen, through Planning Department and routed to the Planning Board. Bylaws can originate from anywhere, including private citizens, but are usually modified by the Planning Board, as a result of public hearing, in order to secure positive recommendation by the Planning Board to Town Meeting.

    Hopefully a conspiracy about how, where and why the bylaw got on the warrant, does not become more important than the article itself. But some in the Selectmen’s office may take pleasure in their apparent state of confusion.

    I am personally amazed that the only topic discussed, that somehow resulted in confusion by the Selectmen’s office, was the Solar Bylaw, while I was not confused one bit about the well documented, legal process the solar bylaw traveled to be on the warrant; But I was thoroughly confused by every other discussion, by the Selectmen’s office, whereby officials not well versed in town code, propose to modify the entire structure of town government, to hopefully, somehow make it better. Good luck Fairhaven.

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