Explaining that people who wished, would have occasion to speak… and reminding us that "calling the question" would not be used to thwart discussion, Town Moderator Fran Hoag did exactly the opposite…once again.
April’s Annual Town Meeting experienced similar effects during the last session of the 40-R Zoning issue, when, after a series of pro speakers went on ad nauseam, the question was called and others wishing to express opposite views were nixed when Hoeg claimed she had no choice in the matter. Forget the fact that the outcome that night was not in doubt; everyone should have a chance to weigh in. That didn’t happen.
History repeated itself on Monday, October 22 when, once again, the question was called and Hoeg, once again allowed it. This writer’s hand was raised to speak and Hoeg uttered something like "you’ll be the first person I call on if this vote fails." I may have just as well wrapped up my teepee right then and there but for the fact that we have always seen a town meeting through to its final article.
Fran Hoeg does a disservice to the process with this type of unjustifiable and partisan behavior. We realize this is a hard slap at a woman we both know and admire, but let’s take a look at the dynamics that occurred that evening.
First off, there was never a presentation of the article. The article was created, not by the town, but by the developer who requested that the Selectmen place it on the warrant. Because a non-resident cannot introduce an article, Mark Beaton placed it before the body for developer Lloyd Geisinger. Ironically, it was Beaton who spoke in historical and glowing terms about 40-R itself, (something he didn’t want the audience to do) as he introduced an article for a development he named over a year and a half ago.
From that point on, history was in the making. Tradition and precedent were thrown aside and town meeting became a crapshoot. Conspicuous in its absence was any presentation explaining the article and what it was designed to serve, why special legislation replaced the old Articles 16 & 17, and how this article by the developer came to be. Fran Hoeg never asked for a presentation or an introduction. Hoeg never asked for a recommendation from the Selectmen or an opinion from the FinCom, or any other town body. When was the last time that has occurred? Here we were, presented with a foreign article that would alter the life of the town forever, never having been reviewed or discussed publicly, about to move quickly forward for approval.
When the assembly was asked if anyone wished to speak in favor... the answer was complete silence.
Only Dennis Randall had occasion to speak and received no assistance from the Moderator who should have advised not only him, but the body, that Randall's motion could not be a tabling motion because such actions can not be qualified and are not debatable and require a 2/3 super majority to prevail.
What Randall clearly intended was a motion to postpone. It was clear his intent was to delay action to a specific time and place. The misapplied word "tabled" should have been changed to "postpone" which is a motion requiring only a simple majority and is debatable.
Town Meeting Moderators have the legal responsibility to insure all questions put to the assembly are properly framed. Moderators are expected explain the process when necessary, and assist speakers in crafting proper motions to for intended actions. Such intervention is provided in a non-partisan fashion and is designed to insure that the assembly only votes on correctly framed motions.
Fran Hoag failed to live up to her responsibilities on this point. Town counsel was asleep at the switch... yet again. We’re not sure Randall's motion would have passed but the discussion would have been informative. The net result was the frosting on the 40-R cake was applied in record time without debate and with great haste.
Later in the evening town meeting consumed much more time deliberating a unpopular zoning change for the old Town Hall then it did discussing a measure which will change our lives and our town forever.
People, friends or foe, who wish to speak at town meeting, should have the opportunity to do so. This is the Moderator’s mission and it was not accomplished on October 22. Procedure at a Town Meeting shouldn’t be a crapshoot; there should be a predictability of process.
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