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Thursday, July 18, 2013

Post time once again.

What do you get when you put six elected official consisting of an equal number from two boards in the same room.

My guess is at least three conflicting opinions.

The wheels are starting to fall off the bus, and even if the wheels don't fall off before it reaches the finish line, it is looking like there isn't enough gas in the tank to get across that line.

According to my calendar we are entering week five of the three week push to resolve the turbine matter.

What seemed like a possibility last week is I think fading fast.

You cannot unite the common folk when you can't even unite the boards.

People may disagree with the decision(s) to come, and I may be one of them.  But it is well beyond time for a decision to be made.  I am sorry, but it is.

Quite frankly we are at the point where the three selectmen need to take a hard look at their role right now.  There is a contract.  You either are willing to breach it, or you abide by the terms.  No more middle ground here.  

I don't fault the decision for the thirty day notice.  

I really don't fault the idea of trying to find a solution to the matter short of litigation. I truly do not.  But the town can't afford to keep wishing for one to happen.  

I am not taking about being able to afford the wait financially either.

It is absolutely clear that the present log jam must be broken.

Unless someone out there can show me proof we are so very close to a workable compromise, it is time to throw the ball back into the court of the B of H, and lock the gym doors to boot, and make that board finish dealing with the nuisance it declared.

It is time for a very hard reality check for everyone. Everyone means just that. As with too many things, though, decisions have to be made so you can get on with dealing with one of a number of alternate realities, or a combination of some of them at least.

Reality #1 - Fair doesn't mean everyone walks away happy.  Quite frankly if both sides of any issue walk away completely satisfied from a decision on any issue, i.e. truly happy, it has been my experience the solution will turn out to be anything but that. There is no fair settlement coming out of this that is going to please the crowd.  If settlement is still a possibility, for it to be fair it is going to have to be one that is marked by impartiality and honesty, free from self-interest, prejudice and favoritism, and conforming to existing rules and law. Whatever dream there was for such a thing in my alternate universe is disappearing fast.

Reality #2 - Any reduction of money received from the lease/electricity sale does mean less available money, but it won't be the reason your taxes go up.  This being a bit of a more complex reality, sense it seems the concept continues to escape some.  The funds from the turbines were never seriously looked at as a way to reduce your taxes, not by anyone with any serious understanding of the town's revenues.  Yes money not received may very well mean a curtailment of some services, job loss or preferable projects.  No one ever proposed however, at least no more than in a passing thought, that the income be used to reduce your taxes. It is added money, over and above.  So let's stop the argument that loss of that money would mean a tax increase.  That is going to happen within the confines of prop 2 1/2 so long as people continue to want and vote for everything they want.  When the available money figures for FY 15 come out, there will be plenty of time to argue about what we may not be able to do with any loss of money, but for FY 15 and the foreseeable future, with or without the turbines you are looking at a tax increase.  Loss of that revenue isn't going to be the reason your taxes go up.  Plain and simple.

And as a note, quite frankly the loss of that extra revenue doesn't bother me to the extent some people may think it does.  The extra money is going to postpone some hard decisions.  It isn't going to prevent those decisions from ever having to be made.

Reality #3 -  Absent noncompliance under existing law, or a procedural correct finding that no mitigation plan can eliminate the nuisance, the turbines will run.  Both mean certain things would have to be done, correctly, and certain facts found under the existing laws.  Because in my alternate universe, I don't see those facts existing so the turbines are going to run if this is the reality chosen.

Reality #4 - To do away with reality #3 the town has to come up with some serious money. That would require either a fire sale of assets, a significant reduction in operations to pay for the loan to buy out the developer, or then, and only then the tax increase through a debt exclusion or override vote.

Put another way, to shut the turbines down completely means we need more money than what some consider to be a trivial sum.  It means millions.  Does anyone disagree with that assessment to get to that reality?  

I am not arguing whether it would or would not be justified. The question is if you agree or disagree with the fact that it would costs millions to make this reality happen?

Realty #5 - The turbines do make noise.  I have heard them.  So at least on that point please stop saying that they don't.  Whether the legal noise standards are adequate or not isn't something any of us get to decide from an enforcement perspective under the existing standards.

Lament about that all you want.  Try to get it changed if you feel it is wrong.  But no one, including a board performing an administrative function has a right to simply disregard the standard.

And all of this, and everything else you or I have to say becomes idle chat without some decisions being made.

On June 10, 2013, two elected boards in this town held a joint meeting.  Each board made a separate decision. Both certainly dealing with the same issue, however each dealing with entirely separate specific issues.  The selectmen need to decide, separate and independent of the Board of Health whether the turbines are or are not in compliance per the terms of the contract, and now.  

I am guessing the developer is deciding whether or not it intends to take action against the Board of Health order before the time for such an appeal lapses.  Unless their legal team are in an entirely different universe, the developers cannot wait indefinitely to do something.  

Assuming that something is to submit a mitigation plan, than the B of H needs to deal with this issue connecting all the dots going forward.

If you still even remotely think you are going to make everyone happy on this one, than there truly are alternate universes.    

Final reality in my universe, any compromise ticks off the hardliners on both sides, it ends up displeasing people to varying degrees as you move toward middle ground.   For our elected officials, that fair thing can indeed involve what you feel in your heart, but only so long as you can fit that feeling into your sworn duties to represent the town within the bounds of the your legal duties.

By now you have to know what is in that heart.  You have to know what is within the bounds of your legal duties.  You cannot make another board do what you want nor can you compel a private party accept what you want unless you have the legal authority or grounds to do so. 

Assuming you have neither, it is pretty clear persuasion isn't working either.

On a personal level I like all three of our selectmen.  Quite frankly I have no reason not to otherwise.  Just as frank is the fact that individually one can see a board that should be a strong board collectively.  

I am betting each one of them has an individual position on what would be acceptable.  

I am also betting that they can reach a decision on this.  It does not have to be a unanimous one. There are certain decisions that just aren't going to be unanimous and hopefully this isn't what is holding up a decision. 

Pick a day, any "legal" meeting day.  Schedule a meeting.  Discuss the issue, among yourselves.  A selectmen's discussion only.  No public input, no other board.  If executive session is warranted, do that, Decide on your aspects of this matter.  Get it done.

It is time to move it along.  

We have reached the point where an old saying comes to mind:  At this point the risk of a bad decision is preferable to the chaos of no decision.

10 comments:

  1. It seems like both boards are picking the third choice over an over chaos.They seem to be hoping that a magical intervention will ensue an clear the turbine issue up. Whatever decision they make I am sure the legal beagles will be waiting in the wings to pick up the pieces an continue the conflict..There is an end ,but it seems to be in the form of a circle..

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  2. You can say the wheels are starting to fall off the bus but what kind of bus is it ? No one knows where the finish line is and in fact may be moving every day. The bus may be running out of gas but just how much gas is in it ?

    This web site is a place for people to discuss Fairhaven .In order to discuss the wind turbines first you need to review the Fairhaven wind turbine contract.

    First the wind turbine contract has to be made public. Why hasn't any of the local media outlets made a copy of the contract public ?

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  3. The contract is available but they dont want to read thru 50 to 100 pages to find an answer to there questions.

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  4. John, you have said it before, and I am sure you will say it again, and I have to agree with alot you said in your blog tonight. The bottom line is this, we are coming to the end of the road financially. Do we hit the wall at 50, or 10. I am personally in favor of keeping money flowing IN than giving it back. Thank you for your points.

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  5. Michelle FurtadoWednesday, July 17, 2013

    It's hard to believe that the authoritative town parties, who know all of the facts and have the advice of legal council haven't made an announcement. How far away are the contracted parties from reaching an agreement? Or is it the case, that Fairhaven Wind knows it doesn't have to move any further, and the party (or part of the party) that represents the town is hoping for a fourth quarter 'Hail Mary?'
    I think you're right about "certain decisions that just aren't going to be unanimous." It might be at that point right now and that's why we're not hearing anything. But then wouldn't Fairhaven Wind be pushing to have this done and over with?
    I've heard one of the selectmen say, "We like to be 'fair' in Fairhaven." But being 'fair,' doesn't mean everyone will live 'happily ever after.'

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  6. Many people out there have never had to save pennies to make dollars,they dont know the concept .All the amounts wether big or small.one time money,regular tax funds all count to keep our systems running.Take some away and we will be losing some services.

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  7. Michelle FurtadoThursday, July 18, 2013

    While certainly every penny counts, and we all like to have services, it can't simply be said that we should always take every fast and easy dollar that comes our way. Would you suggest that someone prostitute him/herself for money? That would be one-time (or more) money, but when you consider the risks involved, is it worth anything you could buy?
    It's obviously getting more and more difficult to maintain the services that are provided by the town. We witness this when watching the finance committee try to figure it out. But instead of jumping on the fast dollar every time, maybe it's time to do what some of us have had to do in our own households- cut.
    If a different opportunity comes along, (I don't hear negative talk about the solar panels on the dump,) then take it, of course.
    But I wish we could turn back time on the turbine decision. What we might gain, is not worth the community we lost.

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    1. I wouldn't call an eight year process, from start to finish, a fast buck. The town as a whole, several times, made conscious decisions, at town meeting, after dozens of televised and well attended public meetings and hearings. After much discussion it was agreed to by a majority.

      But I am betting you know that. The question is why you continue to purposely ignore it. It has a familiar chant to it…

      Those decisions still stand, even in light of several here trying to paint a new picture with tainted paint. To date there has been no scientific evidence to suggest the town did anything other than what it intended. The creation of noise was always known to be a byproduct of wind turbines, as well as marine traffic, construction, welding grinding, truck traffic, fog horns, playgrounds, live entertainment, I-195, Huttleston Ave and 24 hour wave action on beach infrasound. Traffic injuries and fatalities are far worse in Fairhaven than any other present danger. Water quality in most communities right now is becoming a health risk. Violent crime because of the continued bad economy is creeping in all around you. Try to keep some sense of proportions…

      The town created a multi-million dollar revenue stream, for years to come, to fund schools, police and fire. To compare the town, undertaking a process repeated all over the commonwealth, the same as prostitution is just insulting rhetoric. Every dollar counts because there is very little fluff in the budgets. This money will be missed. It is added along with all the other revenue stream losses and can manifest into a fiscal tidal wave, to echo your analogy.

      You don't hear negative talk about solar panels because you are not listening carefully. Maybe in a few years someone will accuse the Town of Fairhaven of settling for a quick buck through prostituting our town, as some towns are currently going through.

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    2. Michelle, where do you suggest we start swiping the axe? Do you know that Fairhaven residents have the LOWEST tax rate among ALL of our neighbors, yet benefit from some of the best services around? I challenge you to compare ANY of our services to any of our closest neighbors and tell me where you get more elsewhere.

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  8. Michelle FurtadoThursday, July 18, 2013

    I understand your view. It took some time, but now I get it. And possibly the majority, share it.
    I wish the drama of waiting for 'the miraculous compromise' would end. There's a contract, and nothing has to be done, as long as the turbines run within the parameters of the contract.
    But aside from the ecological or revenue benefits, the turbine's presence (and solar, if you want to include it,) have created 'sides' among neighbors. That in itself is a REAL negative effect for some residents like myself.

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