Citizen’s Petition Article Deemed ‘Illegal’

            The Rochester Board of Selectmen held its Special Town Meeting Warrant review with the Finance Committee, Capital Planning Committee, and town moderator on October 7.

            There are eight articles slated for the November 4 Fall Special Town Meeting, and only one of them was voted down by the board, mainly because Town Administrator Suzanne Szyndlar explained how the article is technically “illegal”.

            Just as he did at the Annual Town Meeting last May, Justin Shay on behalf of the Old Rochester Regional Athletic Boosters has submitted a Citizen’s Petition requesting $20,000 – one-third of the cost for a handicap access ramp and press box at the ORR athletic field; and just as it went last time around, this time the article will again die on Town Meeting floor.

            According to Szyndlar, even if voters were to approve the article, Article 8, money still could not be appropriated for the project.

            “I reached out to the Department of Local Services’ legal department,” said Szyndlar, and three times discussed the article. They said, according to Szyndlar, “This would no doubt be a violation of the Anti-Aid Amendment,” meaning that municipal funds cannot be given out to non-town entities, she stated.

            The funding for such a project would fall under the ORR School District and could either be funded through assessments to the three towns under the annual budget, or the Boosters could fundraise and donate the proceeds to the school.

            “It would be illegal to for the town to use tax funds,” said Szyndlar.

             The Board of Selectmen and the Finance Committee voted to recommend the remaining articles:

            Article 1 is a request from the Parks Department for $5,000 to install a concrete handicap accessible walkway and concrete pad. The Capital Planning Committee (CPC) made no recommendation because it did not receive enough information.

            Article 2 would appropriate a maximum of $50,000 to the Highway Department to buy a used dump sander truck.

            Town Moderator Kirby Gilmore said he was concerned there might be “a lot of discussion” on Town Meeting floor about this article.

            “They’re gonna want to buy a brand-new truck,” Gilmore said.

            “Well,” Szyndlar said, “a brand-new truck will cost four times this amount, at least.”

             Selectman Greenwood “Woody” Hartley commented that all Highway Surveyor Jeff Eldridge asked for was for $50,000 for a used truck, and Town Counsel Blair Bailey added that even if someone wanted to amend the article for more money for a new truck it couldn’t be allowed. An article can only be amended for a reduction in a requested appropriation, not a higher sum.

            Article 3 is a request for $3,000 for a tax map layout alignment and improvement resulting from a conversion to GIS.

            Article 4 would allocate $17,000 for site work on the town-owned Dexter Lane overflow parking area. The CPC made no recommendation because it did not have enough information.

            Both Articles 5 and 6 would authorize the Board of Selectmen to negotiate payment in lieu of taxes (PILOT) agreements with two solar developers.

            Bailey commented that PILOT articles like this have already been approved thrice by Town Meeting voters.

            Article 7 would deed one piece of town-owned land on Dexter Lane as recreational/park land, and deed another piece of the land as reserved for whatever municipal purposes.

            In other business, the board approved a shooting range license for Steven Morrell that will be reissued on May 1, 2020 if no complaints or problems arise in the meantime. Morrell is allowed to operate his shooting range located in a remote area off County Road seven days a week with a maximum of four days allowed open until 8:00 pm and three days closing at 6:00 pm. Monday through Saturday, the range may open at 8:00 am, but Sundays it may open at noon.

            The Attorney General’s Office has approved the Town Meeting-adopted Smart Growth Overlay District Bylaw, which will be posted in five locations in town ahead of its application.

            The next meeting of the Rochester Board of Selectmen is scheduled for October 21 at 6:00 pm at the Rochester Town Hall.

Rochester Board of Selectmen

By Jean Perry

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