By Beth David, Editor
After receiving a letter from Town Counsel, Healther White, explaining the flaw in their logic of the last meeting (5/15/25 issue), the Fairhaven Planning Board reorganized the board again, choosing a new chair and vice chair at its meeting on 5/27/25.
Dianne Tomassetti, who was chosen Vice Chair at the 5/13 meeting, opened the 5/27 meeting, and went through several items before getting to the election of officers.
Before the vote, resident Eleanor Chew said she believed that a neutral person, such as a staff member, should run the meeting until they elect a chair. She said she was not sure it was legal the way they did it last time, with Patrick Carr, who was the Vice Chair of the previous board, running the meeting. Mr. Carr had been elected Vice Chair of the PB before the election. After the election in April, new board members were elected and the previous chairperson was not re-elected. Mr. Carr ran the meeting on 5/13, saying it was “status quo” for him to run the meeting and to continue as interim chairperson.
That logic was question by a number of people, including the Neighb News, and Town Counsel was asked to give an opinion.
In her letter, Ms. White relies on the town’s bylaws and Robert’s Rules of Order, which town boards also use as an operating guide.
In her letter Ms. White states: “Fairhaven’s General Bylaws, Section 316-1 ‘Planning Board — General Provisions’ provides in pertinent part as follows:
“A.
“Officers. The Planning Board shall elect a Chair, Vice Chair, and Clerk annually at the first Board meeting following Town elections.”
She said she could find nothing in Robert’s Rules of Order that would allow an officer “whose successor has been elected to continue serving in the role.”
“However, even if Robert’s Rules did so provide, in my opinion such provision would yield to the requirements of the Bylaws that the Board must elect its officers each year, thereby ending the terms of the officers elected the previous year,” she wrote.
In the end the board elected Ms. Tomassetti chairperson, and Jessica Fidalgo as vice chair. Both votes were unanimous.
Later in the meeting, Mr. Carr said they should update some of the bylaws so there is no confusion, instead of going to town counsel, or people complaining. He said it should be mandated and written so they are not only going by Robert’s Rules.
They did not refer directly to, or read from Ms. White’s letter, which clearly quotes from the bylaws.
In other business, the board continued a receipt of plans for a two-lot subdivision at 0 Sconticut Neck Road, aka Island View Road, to 6/10.
The board also reviewed committee liaison assignments, but only made one change, with Sean Powers taking over the Community Preservation Committee from Ms. Tomassetti.
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Click here to download the 6/5/25 issue: 06-05-25 HS Grad
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