Pages

Tuesday, July 2, 2013

Two rights get you heading in the opposite direction

The room was definitely crowded last night.  The events did get heated.  While the crowd had something to do with that, it was related more to the fact the air conditioner was off than any debate. 

Outside of the couple of rounds of applause, now a standard at such meeting, I would say the events went pretty well from the decorum perspective.

I left after the meeting with the turbine developers, along with just about everyone else.  I missed the last two discussion items (the park easement and town counsel). If you watched the same on cable access, fill me in.

Let's give some credit where credit was due.  For the most part the agenda was kept moving well.  The discussion on some of the items had me a bit perplexed.  Of course the fact that the "partners" in the solar challenge thing came in to cut the ties with the Board helped speed thing along.

I was all set for the board's discussion on that one too.  It would have been extremely interesting to see if the board would have been willing to pull the cord on the poorly tied knot binding the "partners".

One disappointment I can certainly live with.

The whole tax title stuff has me scratching my head though.

Fundamental principal behind tax title. You take land because taxes/fees have not been paid.  You sell it to recoup the taxes and fees and get the land back on the tax rolls.  You sell it for no less than what is owed.  You want to set a minimum price above that, knock your socks off.  But how many times are we going to have the same discussion on the same land?

Ditto for another parcel involved.  Ditto for the staging area located on the old park motors site.

Now as far as the election date for the Board of Health race.  

First if you aren't interested in the town incurring legal fees, more lawsuits, etc., etc., etc., accept the simple fact that the new election will be for the Board of Health and only the Board of Health.  

The Board of Selectmen have absolutely no authority to call for any other election involving any other elected office at this point.  No town official has any such authority. Only a judge can do that.  

Can we simply accept that fact?

Depending on what version of the facts you want to listen to at this point, there is one new ballot found post election.  Okay, so if that's the basis for an entirely new election process, knock your socks off, get your money together and march into court.  

Otherwise, all I am hearing is the desire to have the town spend more money to actually add one more ballot to bolster the case about the integrity of the process being flawed when you have more ballots than checked in voters in a close election.

One more ballot by the way found weeks after the election in what I am told is the collection area of the machine which had been stored in an area easily accessible by ....  get the drift.  I doubt it, but the drift is there.  

Someone made the suggestion that we don't know how many ballots may still be out there.  No we don't.  Just as we don't know if anymore ballots are out there.

What I do know is there is a decision that has ruled the Board of Health race to be invalid based on two things: all the irregularities and the closeness of the vote making it impossible to determine, given the margin in that race, whether all ballots are valid.

Don't slap the faces of the voters in this town who actually showed up anymore than has to be done.  You don't get a 256 vote margin of victory based on 4 or 5 ballots that cannot be accounted for.  There are other reasons for that.

You don't win any of the multiple uncontested races because of 4 or 5 ballots cast.  There are reasons for that too.

Outside of town meeting members, after the recounts in two races, only one contest would be affected by the "questionable" ballots.  I get the integrity of the process argument.  Indeed I have echoed some of the thoughts being expressed.  

I also get the fact that we cannot lament that we want another kick at the can when the game is well over.

Call it a guess, but I figure by the time all is said and done, the legal fees in town for the Board of Health race, if it stays just a Board of Health race, will exceed $20,000.00.  Throw in the cost of a new election ..., then through in another court case ...

As far as the one "new" election.  It is now called for on September 9, 2013.  

Open to anyone concerned enough to run, open to anyone who wants to vote; and, hopefully the last one until next April (although it seems pretty clear that the campaign season for April has started).

The date is set, so let it happen.

What next, oh yes, the turbines.

The developer came in.  The digest version.  We received your noncompliance notice.  We are doing what is required of us under the lease.  We will be going to the Board of Health on July 15th.  We want to sit down and resolve everything before then.

The between the lines version, we have two weeks to figure this problem out before we all end up in court.

I am not going to give any blow by blow, tit for tat description of what went on.  Watch the tape when it airs, or see it on demand.

The only thing I think you would find consensus for after that meeting, we are not a town united.  

It became very clear to me that people may have heard what was being said and suggested, but not many were listening.

There was a really good artful dodge by the board on one question.  At the point it was asked though, I think a very legitimate dodge.  If answered, all hope of compromise, as slim as it may be, would have been lost.  

Perhaps after the 15th of this month it would be extremely valid to ask the question again, and at that point absent a compromise, I think would absolutely require an answer.  For the moment however, a very, very good sidestep.

So, the nuts and bolts conclusion.  Essentially there are two weeks for the parties to reach a "compromise" that they feel they can live with and that they hope the town's folk will buy.  

Let's not fool ourselves either.  The only way that happens is give and take. People on both sides are going to have to willingly move on this.  That means, in my opinion, less that a 7 to 7 ban, and less money to the town.  Don't see any side giving up something for nothing in return.

We have reached the point where we do in fact have another changing tide in town.  We have not yet reached the point however where there is any guess as to how high the new tide will reach.  

Momentum is a very interesting political concept.  You need it to win.  You have to have a strong enough force behind you to resist any effort to switch its direction.  When it does shift, you have to have enough savvy and the wherewithal to stop the shift before it puts you behind that halfway point.

You are not going to make everyone happy on this one folks.  When can you really ever do that?  

Complete unity isn't possible.  That much was also clear from last night. Neither is getting everything you want.  In the long run a complete "victory" will not last.

Enough.  Be safe. 

8 comments:

  1. Selectmen meeting quotes:

    "Maybe the press should be the Selectmen of Fairhaven."
    "There may be 20, 30 ballots out there."
    "We are ready to operate the turbines."
    "This plan will not be accepted by 100% of the community."
    "Tonight we stand divided- again."

    ReplyDelete
  2. Michelle FurtadoTuesday, July 02, 2013

    It's interesting how information flows in this town. It was amusing to hear the selectmen recount 'where they were' when they each learned of the found ballot. It was almost with the same importance as major historical event.
    It's odd that any party continues to ask for an entire redo. Why didn't they pursue it from the start? The BOH decision was fought and won, and now others want an entire redo? The motive isn't difficult to decipher.
    When did Fairhaven Wind first object to the type of testing that the DEP was using? I don't recall previously hearing or reading anything about their objection to the type of testing that was used until the testing determined a few samples out of compliance.
    People were invited to the table last night. I hope the boards and the sides will take advantage of it. What else can be done?
    It's too bad, but not surprising, that there's a distrust of town government. Unfortunately it can't be rolled up and put in a closet.
    Send in your most informed members. Speak when you need to. Don't cave in, but at least listen to every option.

    ReplyDelete
  3. How about the plan to shut down one wind turbine? The one wind turbine owned by the same people in Scituate has many noise complaints against it so there goes that theory of one wind turbine less noise.

    On the other hand they mentioned how many jobs would be lost because of a shut down of the turbines . The Market Watch yesterday said the manufacturer of the wind turbines is closing down four manufacturing plants.

    Lets add this to the mix in a few months : The wind manufacturer goes under and there is no warranty of the turbines. The plot thickens

    ReplyDelete
  4. Michelle FurtadoTuesday, July 02, 2013

    All points should not be lost. But at this point in time, what are the most important concerns of each side?
    I heard the comment about jobs. Fairhaven Wind and the town have interests too. It won't be a meeting with a single objective- satisfy the residents.
    Know what is the bare minimum you can live with before you go into the room. Be prepared to defend it, with the understanding of the consequences.

    ReplyDelete
  5. I can understand why some would ask to throw out everything. I don’t agree with it, not at this point anyway.

    I thought it was pretty revealing that some in the room couldn’t determine “what happens between now and the election? Who are the sitting members of the BOH they ask? Oh its all so confusing…

    Answer. Well there are three “qualified and sworn in” right now until the next election is over and the results are certified and someone is then “qualified and sworn in”. Otherwise the incumbent would still remain. What do we do if we get a 60% turnout and we have another very close race by one or two?

    A better question from the audience might have been; how many want to illegally throw out the current sitting member and illegally swear in his replacement so you can vote to permanently and illegally shut down the wind turbines, no matter the cost? I bet I can fathom all the hands that would have went up.

    The tactic here is get someone on all the boards against the turbines, at all costs. Then they do not care if we make a legal misstep, as long as the town is paying for their mistakes. It is a one issue party.

    The Wind operator previously has said many times they did not agree with the methodology used by DEP.

    I like how they just seem to see for the very first time, what it cost for legal services in an itemized bill. I would think any firm will charge you, one way or another. What did it cost for one of the selectmen’s opinion if he could act on the turbines? Anyone remember? Anyone see the opinion we paid for. Is that open for me to inspect since I paid for it? Run up the bills with everything you can think of and then use those costs to ouster long time town counsel. You can’t replace his experience with the town and I don’t believe the town ever lost a case under his leadership. But he is probably not going to cater to wind opponents who now sit on the boards. They will find someone who will do what we all pay for. There is money to be made from chaos. I imagine all the sharks will be circling Fairhaven for some of the money we are throwing up in the air, like chum and bait.

    The selectmen use town counsel and run up the bill any time they want. How to take the minutes? How to approve the minutes? How to release the minutes? How to open the mail? On and on. Yet every other board has to beg them for legal services on legitimate town needs. They will all be experts in minutes, while we pay. Pay me now or pay me later…

    The Cushman Park easement sounded like they are all confused all over again and still have no clue what to pay or how much. Back to more study and research. Back to square one. Wonder what that alone is costing. Why don’t they roll up their sleeves and take care of business? I guess there is no interest.

    Every meeting is a continuing saga and nothing gets finished. Set up meeting dates to set up meetings. Work piles up…

    ReplyDelete
  6. Maybe the town study committee will help sort out this mess or not.Or will their recommendations go thru the same hoops we presently have.

    ReplyDelete
  7. Code just described how a hijacked government functions. Or doesn't function. Coupled with their inexperience and hubris, the BOS is just another embarrassment to this town. This is the weakest BOS I've ever seen, but that's what happens when people are inspired, and influenced by one agenda. They have strength in one area only, the backing of a national organization-----the organization that will have no problem running up legal bills paid for by every tax payer in town.

    I'm curious though, does the statement that neither side will be happy mean it's a choice between being sued by Fairhaven Wind, or being sued by Wind Wise? Circumstances appear to be moving in one of those directions.

    ReplyDelete
  8. It means all sides will have to give. It's actually more than a two sided issue. All sides will have to make concessions.

    ReplyDelete

Prior to posting a comment, please review "Comment Rules" page.