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Tuesday, June 18, 2013

An apple a day, or is it an orange? Fruit is fruit, right?

Okay, what a difference a day makes, right?

Board of Health gets around to signing and mailing a cease and desist order. Board of Health action gets response from developer stating damages will be sought to the tune of $15,000.00 per day.  Board of Health election invalidated.  

Not sure the Town can handle such a healthy regiment on a daily basis.

If you are looking for profound insight or brilliant dissertation today, forget about it.  My thought process is still trying to figure out what each of those differing jigsaw puzzles from yesterday will look like.  Taking the scattered brain approach, let's just roll that die and see what happens.

The order - haven't seen it, probably will at some point, not sure there is a whole lot of need.  If correctly issued, no worries.  If incorrectly issued, than if developers are right, it is  a very expensive piece of paper, at least according to the developers, to the tune of $15,000.00 per day if the article in the S-T today is correct.

If the loss for shutting down the turbines for half the day is $15,000.00 per day, then I absolutely have changed my mind about this contract.  The Town truly sold out cheap.

NOTE: After publication, it seems the $15,000 is actually $1,500.00, as now appearing on the S-T webpage. For purposes of this post, premise remains the same, outside of the sold out cheap stuff.

Whatever the figure, from a purely figures point of view, everyone better hope your Board of Health managed to pull the best rabbit in the world out of a hat with the order issued.

Nothing will work more effectively to keep a town from uniting, or to quickly widen the chasm that divides, than when you tell people they will have to dig into their pockets to pay for something.

At least we now know the potential down side. At $15,000.00 per day, that's a hare, excuse me I mean hair under $5.5 million dollars a year.  Based on the revenue figures I have seen, not really sure there isn't a certain amount of puffing in that amount, but even based on my guesses, trust me when I tell you rabbit feed is a heck of a lot more money than chicken feed.

Let's face some facts here.  The order is based on DEP findings of noise violations on some tests, in some areas, during some time periods, when the wind was blowing in in some directions. At a meeting posted for June 10th, that did not notice a nuisance hearing, that provided nothing remotely resembling the procedure and protocol for an administrative hearing, a motion was made after the reading of a statement that, at least from the perspective of this person, was about as coherent as the white noise from outer space. 

A nuisance was declared to essentially exist from the period of 7:00 P.M. to 7:00 A.M. every single day.  The newspaper reports the order was based on the DEP findings, so someone tell me where in the DEP findings does it note the basis for a 7:00 P.M. to 7:00 A.M. shutdown?

You don't need a crystal ball to see the potholes in the road this issue is going to travel down.

Before someone gets tempted to jump up and down and shout "but it is a nuisance", the discussion here is what went on at a governmental hearing.  You might be as right as the day is long on the nuisance issue, but when you function as a governmental entity, the failure to follow procedure and protocol does have consequences, as was noted in the other healthy exercise the Town was part of yesterday.

Speaking of which ...

A new election will occur, I think. The other thing I think is that as strange as that exercise routine has been, the program is far from over.  The what, where, when and who still now has to occur, and now the fact that the decisions on all of that have to be made by the Board of Selectmen, I think, and ... well you get the picture.

I have read the Court's decision, a bit hastily, mind you, but read it nonetheless.  I imagine some enterprising editor somewhere will see fit to post it on a website.  The editor that runs this blog however basically doesn't feel the return vs. the effort is worth it. There was also a press release distributed by Peter DeTerra.  I imagine that one is going to pop up somewhere.  At some point maybe there will be more on both.

As to the decision and what it means well ... who knows until the other decisions that have to be made are made.  The Standard Times article is worth a read.

The most significant point in that whole piece is
According to the Secretary of State's spokesman Brian McNiff, an election do-over means new candidates can enter the race.
I have all ready heard suggestions of how the new election can be held.  As far as I am concerned, there is only one way it should be held.  See above quote.  

That being said, the when is probably at least a month away.  That assumes the law about opening the registration period for new voters applies.

The who, well who in their right mind wants to step into the middle of this muck.  Notwithstanding that, it should be open to any person willing to run.  Feel free to disagree with that all you want.  For me though, if it ends up with the two original candidates, don't be surprised to see a bunch of "none of the above" votes.

SNAFU, Ladies and Gentlemen.  That is what we had before the election, since the election and where we are right now.

Before I finish up today, I have to mention I went to the selectmen's meeting last night.  Stuck around for most of it, didn't pay a whole lot of attention to much of it, but I stayed because an item on the agenda had caught my eye.
    
Added to the agenda was the ongoing "Solar Challenge". The notation was "canvassing".  I had heard some rumblings about the canvassing, so when this matter was observed, I figured I would stick around.

When the video appears on line, you need to watch it.  You really need to.

Interesting study in dynamics of the board.  Great example of backpedaling.  Prime example of why a Selectboard should not agree to "partner up" period, never mind the way this one came about.

Listen very carefully to the proposed remedies to the problems.  

There is a reason people have called the selectmen's office to complain about their experiences.  There is a reason it is safe to assume the complaints are being directed to the selectmen's office because of what has transpired.  

If you have seen any of the meetings concerning this solar challenge, including but not limited to the one during which the board decided to go with the present group just some two weeks or so after signing up with another group, it is hard to believe, by any stretch of the imagination just how hard the sell probably is.

Despite all the things one could isolate from the discussion, the comparison of this program to the Farmer's Market defies logic. Seriously?  

If the two things are that similar, what was said means not only should serious consideration be given to stopping the town's endorsement of the "challenge", we should be looking to shut down the market.

Just another example of trying to compare apples and oranges.

It is one thing to provide an educational source to the residents of town on clean energy, alternatives, recommendations.  It is an entirely different matter to give an endorsement to an group that has a "partner" (the group's phrase not mine) essentially selling a service.  

There is an old concept in the school of common sense that when you seek out a consultant, you should think very seriously about hiring one that is in the business of consulting and not in the business of providing you with the end result.

Enough bouncing off walls.  I am running out of time and I still need to check my lottery ticket.  I figure what the heck.  I figure the odds of winning that are better than my chances at figuring out what the heck is going on anymore.

Be safe.

13 comments:

  1. What's going on gives evidence that Fairhaven can't continue to operate like "Mayberry." Our town is now dealing with serious, legal, big-money issues.
    We can't move forward with wishy-washy leadership that wants to appease everyone.
    At least we have one Select board member who is interested in reviewing situations and contracts before making rash decisions. Not doing so will further complicate matters. (As if things couldn't get worse?)

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  2. I keep wondering if we truly want to elevate the Executive Secretary position to that of Town Manager or something similar. We created a committee to explore and accomplish that. That would mean that person would be more in the drivers seat. Professional day to day management of local government. I am supposed to believe it will happen overnight with some town meeting article and “poof” we get a new guy or gal on the team who saves the town. We go from absolutely “no say” to 100% in charge?

    Right now I hear nothing from that position. Is there some “gag order” on him? Is he giving advice? Are they listening? If he is giving good advice RIGHT NOW and they refuse to listen, then I think the voters want to know, RIGHT NOW! Why is the press not asking his opinion on any of the matters and multiple potential lawsuits we seem to be heading to? They do in other communities all the time. I thought he was going to be “the guy”. Is he required to agree with his bosses? Does he have no opinion? Or does he just clean up the mess and take out the trash, after the fact? How do we so easily keep making these rookie mistakes by novice officials?

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  3. First, we all have seen the lawsuit filed against a young house wife in Canada named Esther Wrightman. A 32 billion dollar wind turbine company filed a lawsuit against the young mother. You have got to ask if these commercial wind companies are bullies.

    Second, will the wind turbine contractor try to intimidate the whole town with a loss of business at $15,000.00 per day ? Probably

    Third ,The Mass DEP found that a certain number of samples exceeded the state noise levels which equals twenty percent of the samples. The complaints for the last one and one half years from the abutters of the wind turbines were correct. The wind turbines are too loud and out of compliance. They should never have been built this close to residential homes.

    Last , If the town now gives in to the wind contractor what options do the residential home owners have?
    My thoughts are class action litigation against the town and the wind turbine contractor.

    There is a short video about wind turbines that all the residents of Fairhaven should watch :

    http://windfallthemovie.com/index_1.html

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    Replies
    1. "My thoughts are class action litigation against the town and the wind turbine contractor."

      Nice. I bet that's what you ARE thinking.

      Besides all the anti-wind lobby "talking points" and stories, what have you got to say about Fairhaven, particularly on the topic of today's blog like the BOH vote?

      Why why do these anti-wind like like the incessently-posting Mattapoisett activist and the few Falmouth ones, feel as though they should interfere in our Town's politics, policy, and vision?

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  4. Oh man - what a mess. Didn't everyone see this coming? Fairhaven leaders were really naive to enter such a poor contract while selling out nearby residents sanctity of home & prop values & the for such a measly sum while tge developers make $30k in profit per day. Its really unbelievable. Not to mention clear cutting forest and ruining the scenery of a pristine marsh vista. Can you imagine this happening over near Mattapoisett Neck marsh? No, you can't because the Mattapoisett residents and officials would NEVER allow it. People who live in the village and other parts of Mattapoisett recognize that one of the assets of their beautiful town is both the scenery AND serenity of their marshland. Even if they aren't abutters.


    What a folly. Really sad too. Like I said - how could you not see this coming???

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    Replies
    1. The trouble started with the decision to site the turbines. They're too big to be that close to residential property. I would be very curious to know if it would have been acceptable in other areas of town, if the logistics were similar.
      I think that neighborhood was sold out for convenience.

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  5. 1. “MassDEP INTERIM Report with preliminary results.”
    2. “MassDEP has not completed the sampling work.”
    3. “The results of this report are preliminary and based upon a limited number of sampling dates under limited conditions, and should not be considered to be conclusive.”
    4. “Results indicate compliance with MassDEP’s standards. We anticipate that the operator of the turbines will be proposing testing and potential mitigation strategies that can be quickly implemented to address the conditions in which exceedances were identified.”
    5. “Operation of the two wind turbines was found to not contribute to a pure tone.”
    6. “Once the data is collected and quality control review is complete, MassDEP will analyze all of the data to determine if the sound levels from the wind turbines comply with MassDEP’s Noise Policy.”

    The above 6 quotes are directly from the DEP report to the town. You want to go to court with this as your evidence?
    Mr. Haworth said the operator exceeded 60dB as measured at the property line. I don’t see that in the study.

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    Replies
    1. The Mass DP regulation includes both the property line and the nearest inhabited residence in its language.

      The DEP regulations have been in practice since 1990, the DEP regulations have been enforced from the nearest inhabited residence existing on the property.

      Aka .If you go to the nearest home to the wind turbine and on any day the turbines are out of compliance the wind contractor is breaking the law.

      If only one sample on one day is over the limit the turbines are too loud.

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    2. Your interpretation of the regulation and policy is not even remotely how it seems to be practiced in the real world. Your opinions are rather subjective, as well. "Too loud" to you maynot equate with "too loud" as legally defined.

      The policy compliments the regs, so that "noise pollution" issues can be mitigated. I know this is unpalatable to some.

      What the BOH did was to unilaterally interpret and enforce the DEP regulations. While they are certainly entitled to do so under law, the BOH did not even remotely follow protocol, but chose to trailblaze a new way to interpret the regs. They did this without data, experience, precedent, etc.

      If this the way the BOH expects to do business, do you think they could apply this same protocol to every nuisance issue in Town? Hell no. They won't even touch other nuisances in Town, and instead pawn them off on state and federal authorities. But yet, in this one case, they take the ball and run with it?

      Lastly, are you insinuating that on "any day" the wind turbines are out of compliance? That's pretty much what I took from your statement above. If so, how can you back that up? The data doesn't. Nothing we've seen does.

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  6. To Anonymous:
    Where in the Fairhaven sound study does it report that measurements were taken at a property line which exceeded 60dB? Where do you see any measurements in the report that exceed 60dB? Where in DEP regulations do you see a requirement of 60dB at the property line? If you know what you are talking about then please cite documents with page numbers. Please!

    You sound very mixed up, in my opinion. In the former Fairhaven bylaw 198-29.5 D. Design Standards (12) there is a noise requirement of 60dB. That was a zoning ordinance. You do know the difference correct? But since you seem to be somewhat of an expert in this can you cite a reference or a quote from the report about exceeding a town bylaw of 60dB?
    Maybe you do know what you are talking about. But please offer a little bit of fact...

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  7. Michelle FurtadoTuesday, June 18, 2013

    Is it any wonder 'someone' and probably more than one, are mixed up? Between the way those things went up, (I'm not talking about how they were voted for,) the way the residents have been responded to- when they have, and the information that's been made available, who wouldn't be confused.
    It's at a point where it would be helpful to hear a single, complete, detailed explanation by our town leaders of where everything stands. This would not be a hearing, but a govt. access production. Then we'd all be up-to-date on what the truth is with the DEP testing, Fairhaven Wind, and where we stand as a town.

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    Replies
    1. Michelle, the FACTS have been spoken and written about in many public hearings and events. The facts are available to anyone who cares enough to look.

      You have two major problems here. First, many of our elected and appointed officials have ZERO idea what in fact they are supposed to be doing, what laws govern them, etc. Given recent BOH and BOS actions, I'm sure my statement applies to them. Besides maybe Jeff Osuch, I wouldn't trust anyone on the BOH or BOS to produce such a production.

      Second, the people in Town must understand what their government is SUPPOSED to do, and what they CAN do for them. There has been a lot of people who seem to think the government is all powerful and can operate outside their authority. Additionally, we have a minority group in Town acting as if their views should be acted on as the majority. There is no reason in any form of government for the minority to be given that kind of power.

      I think a lot of the problem in Town stems from peoples inability to understand the basic premise of government and regulation/law. The turbines are just the issue that brought this all to the forefront.

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  8. Michelle FurtadoThursday, June 20, 2013

    To the average-Joe-citizen, okay me, it's confusing.
    I understand in the BOH election the judge made a ruling, and now it goes from there. But aside from the fact that there's a lot of factual information sources pertaining to the turbines, what I don't understand is- are the BOH and Selectmen acting independently of advise from town counsel? Does it seem odd to you that an action is made (ordering the shutting down the turbines between 7p.m. and 7a.m.,)and yet this was apparently not the right decision.
    After a move by Fairhaven Wind, one of the selectmen was quoted in the paper saying, "I want to act right away."
    It seems like they're playing Chess without stopping to think before the next move. Is the town 'team' listening to the coach (counsel?) To me, it's like watching a sport that I have no idea what the rules are.

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