By Beth David, Editor
A Superior Court judge issued a stay preventing the Fairhaven Selectboard from voting to break the tie on the Board of Public Works vote. The election of 4/2 ended in a tie between incumbent Robert “Hoppy” Hobson and challenger Al Martin, with 338 votes each.
Mr. Hobson at first said he would ask for a recount and started collecting signatures. Then he learned from Town Clerk Eileen Lowney that the state statute called for the tie to be broken at a joint meeting of the BPW and the Selectboard and that he would be able to vote in that meeting. So, he opted not to ask for the recount because he figured he would win that vote.
Then, after the filing deadline had passed, he was informed by the Town Clerk and Town Administrator Mark Rees that the Special Act that created the BPW called for a vote of the Selectboard only in the case of a vacancy. (See 4/19/18 issue.)
Mr. Hobson said it was not fair that he missed the deadline because of bad information. Then he looked at the Special Act and challenged the notion that there was a vacancy at all, since the act also says that members will serve until their successors are certified.
So, he filed a complaint in Superior Court to get a judge to decide.
At the Selectboard meeting on Monday, 4/23, Town Counsel Thomas Crotty explained the situation to the board. The state statute says that vacancies should be decided by a vote at a joint meeting of the board that has the vacancy and the Selectboard, in this case the five-member BPW and the three-member Selectboard. However, the BPW in Fairhaven was created by a Special Act of the legislature and in the act, it says that a vacancy should be decided by the Selectboard alone. The act does not, however, specifically mention a tie.
Mr. Crotty issued an opinion that the tie should be treated the same way as a vacancy. Mr. Hobson is arguing that because the Special Act does not mention a tie, that the state statute should be followed, meaning a vote by the eight members of the BPW and the Selectboard.
In his filing with the court, Mr. Hobson contends that there is no vacancy because the special act also states that members of the board shall serve “until their successors are qualified.”
He is asking the court to order the town to either: 1) hold the joint meeting to break the tie; 2) order a recount; 3) order a new election.
On Monday, 4/23, the court issued an order restraining the town from appointing a successor until the court makes its decision.
Mr. Martin, in his remarks to the board, noted that the vote of the boards could also end in a tie. He said he would be asking the court to decide if Mr. Hobson could vote for himself as a member of the BPW. Mr. Martin said that he believed it was an ethics violation for Mr. Hobson to vote for himself. Mr. Martin also noted that if Mr. Hobson was not able to vote, then the number of voting members would be seven, making a tie even less likely.
Mr. Crotty explained that the judge only put things on hold to give the court time to decide. Meanwhile, Mr. Hobson will serve on the BPW as always.
Mr. Crotty and Selectboard members did not voice any strong opinions in either direction. They seemed willing to abide by whatever the court decided. Mr. Crotty, in representing the town, has not been instructed to argue against anything in particular in the complaint.
The board will ask him, however, to note to the court that the two boards together have eight members, so the court can make a ruling on what to do in the case of another tie.
That piece came up after Mr. Crotty had left, because he addressed the board at the beginning of the meeting. Mr. Martin had planned on being at the meeting, but left before it started when he learned about the stay order. Then he watched the meeting on TV at home and realized he had something to add. However, with the extra traffic due to the closing of the bridge, he got bogged down and did not get to the meeting until Mr. Crotty had left. The board heard his case late in the evening.
The judge could order a recount, and if it is still a tie, the judge will then have to decide how that tie will be decided, due to the issues raised in the complaint, i.e., that the Special Act does not specifically mention a tie vote.
Mr. Crotty said that the act also does not define what a “vacancy” is. It is clear, he said that if someone moves, dies, or resigns, there is a vacancy. The state statute does specify a “failure to elect,” but the special act rules here.
“You could almost flip a coin,” said Mr. Crotty.
He said he did not think the court would take more than a couple of weeks to decide. Meanwhile, Mr. Hobson will serve on the board.
In other business, the board also met with members of the Rogers School Building Committee to discuss a current proposal by a developer and a town meeting article (see page 7 for related letter) asking for $252,000 to repair the building.
In a follow-up phone call, Mr. Rees said the money will be used to repoint brick work, seal up leaks, repair the roof, and put some heat back into the building to stabilize the temperature to minimize damage as time goes on.
The town is hoping to create a partnership with a private entity to repurpose the building, or to sell it outright to be developed reused. All prospects will take time, however, and, meanwhile, the building is deteriorating. The “mothballing” of the building, will keep it in good shape for about 10 years.
Mr. Isaaksen cringed at the use of the word “mothball,” and said the committee preferred the word “preserve” instead. He said “mothballing” has a connotation of just being pushed aside and forgotten.
Committee member Doug Brady told the board that the building could sit idle for years while a use is found for it.
“So this is a wise investment,” he said.
If the building is allowed to deteriorate too much, then the town will not be able to sell it or repurpose it at all.
“There’s no guarantee of anything,” said Gary Lavalette, adding that it will “look like Atlas Tack before long.”
Mr. Rees noted that Fairhaven is included in the governor’s proposal to designed towns in Massachusetts as “opportunity zones,” to take advantage of a federal program designed to stimulate economic growth in low income areas.
Mr. Espindola pointed out that the opportunity zone benefits the developer, not the town.
Mr. Brady told the board that the committee had heard from a specific developer interested in putting condominiums in the school building, and building single family homes on the property.
He said the committee did not want to discuss details that night because they had asked the developer to come back with more details and answers to some questions.
He said the committee wanted details such as how many houses, how big they would be, how many units would be in the main building, if they would be rentals or condos, etc.
The discussion turned to a timeline, with the consensus being clear that nothing would be ready for town meeting next week. The question was if there would be a real proposal in time for a possible special town meeting in the fall.
After the details come back, the town will have to hire a consultant to vet it, said Mr. Brady, to make sure it is feasible for the developer as well as the town.
Mr. Freitas, who sits on the committee as the Selectboard’s representative, said it was 80% done.
The developer would have to make a presentation to the Selectboard, and Town Meeting would have to approve any proposal.
In another matter, the board approved the appointment of Gloria McPherson as the new Director of Planning and Economic Development. The Town Administrator made the appointment, subject to approval by the board.
Mr. Rees told the board that Ms. McPherson’s experience in the private sector, coupled with her experience as a town planner in Provincetown, and a brief time in New Bedford, made her a good fit.
According to her resume, Ms. McPherson served as Town Planner in Provincetown until November of 2017. Her New Bedford job is not included in her resume. But news outlets reported that she was hired as City Planner for the City of New Bedford in December.
She has also served as Planning Director in Concord, NH; was Vice President, Land Development at Kohl Construction; and Conservation and land Use Planner for the city of Northampton, Mass.
Her educational background includes a Master of Regional Planning and Master of Landscape Architecture from UMassAmherst, and a BA in French Language and Literature from George Washington University.
The board also took a few minutes to discuss ways to increase voter participation in local elections. Ideas included a sticker that says “I voted,” signs around town on voting day, and direct mail. The Neighb News editor notes wistfully that paid advertising in the local weekly was not mentioned.
In other business the board
• Heard from the Marine Corps League that their 82nd annual convention will be held in Fairhaven at the Seaport Inn from May 31 to June 3. The itinerary includes jaunts to local sites.
• Approved free parking at Hoppy’s Landing for a fishing tournament out of West Island Marina sponsored by the Fairhaven Firefighters union on June 9. The board had postponed the vote to make sure proceeds from the event were going to the union’s charitable endeavors.
• Read a proclamation to St. Joseph School on its 110 year anniversary.
• Approved an indemnification agreement for Bralden, LLC to store the town’s Reserve (antique) Fire Truck, which is under the jurisdiction of the Fairhaven Protecting Society, an auxiliary of the Fairhaven Fire Department that preserves and protects the historic artifacts and apparatus of the town’s fire service.
• Voted to create a July 4 Parade Committee to organize the parade that has gotten larger over time. Although the parade itself does not have a lot of participants, lots of people line the route, and hundreds wait at the end at Fort Phoenix for the firing of the cannons.
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