Citing unfinished work after a year-and-a-half long period of time, the Rochester Planning Board on September 26 denied Joseph Sullivan’s request on behalf of ConEdison Solutions for a release of the $100,000 surety bond for the 30-acre solar farm project situated near Little Quittacas reservoir.

Sullivan said the board’s conditions of the project had been met: screening had been planted; a berm constructed; and landscaping was complete, as well as natural brush that was seeded and allowed to flourish.

He added, though, that some dogwood trees that were planted might need replacement, but the company will hold off until the spring to assess the progress of the young trees.

Planning Board Chairman Arnold Johnson tapped his fingers on the table in thought before responding.

“The problem that I have with you folks is the communication has been terrible,” Johnson said, adding that in the past the developer had told the board, “’Oh yeah, we’re here, we’re a phone call away, we’ll get it done.’”

Never happened, stated Johnson.

After dozens of emails, Johnson said, and a number of phone calls … nothing.

“And now all of a sudden you want your money back and you show up,” said Johnson.

Sullivan argued that he has been “very responsive,” yet Johnson maintained that it had been over a year that he has been wondering when the failed stormwater basins would be repaired.

“You’re really lucky we’re in a drought,” said Johnson, reminding Sullivan that the town holds the surety for “stuff like this” to ensure that aspects of the project are completed and maintained. “Those basins have been like that for three years.”

The board concurred that it would not release any funds at this time until the developer completes the basin work.

“Then we can talk about releasing some of the money,” said Johnson.

Planning Board member Michael Murphy commented that the board had heard enough excuses as to why the work was not completed.

“The bottom line is, it’s not done,” said Murphy. “Nothing’s been done … we’ve gotten no communication, [and] that doesn’t sit well with the board.”

The board requested that the work be completed by the Planning Board’s next meeting in October, when it will decide whether to release any of the surety or not.

In other matters, the board accepted an Approval Not Required request for Decas Cranberry Products for two lots at Walnut Plain Road and Ryder Road. One lot was undersized, so a 140-foot by 120-foot portion of one lot was reallocated to the adjacent lot.

Also during the meeting, engineer David Davignon just about wrapped up the presentation for Dale and Laura Briggs’ project to build a 7,500 square-foot metal commercial building at 269 Cranberry Highway.

Chairman Johnson said the board will likely close the public hearing at the next meeting and vote on the project at the subsequent meeting.

This was the last Planning Board meeting for Town Planner Mary Crain, who has resigned as the town planner. The board voted to authorize the chairman to make any decisions and take any actions the town planner might have assumed prior to Crain’s resignation.

The next meeting of the Rochester Planning Board is scheduled for October 11 at 7:00 pm, returning to the regular Tuesday night meeting schedule.

By Jean Perry

There will be “sweeping changes” to the way the Town responds to requests for public records, Town Administrator Paul Dawson told the Marion Board of Selectmen on October 3 – state-mandated changes that will require ample time and thought in order to comply, he added.

Governor Charlie Baker on June 3, 2016 signed into law An Act to Improve Public Records, new provisions to the Public Records Law that will go into effect January 1, 2017.

The new provisions, Dawson explained to the board, will require municipalities to designate one or more Records Access Officers (RAO) to coordinate the town’s response to requests for public records, assist the individuals seeking public records, assist in the preservation of records, and prepare guidelines that enable requestors to make informed requests.

Also under the new provisions, the municipalities in the Commonwealth must provide the requested information within 10 calendar days, a change from the current law that gives towns 10 days simply to respond to the request.

Beginning January 1, towns will also be limited in their charges for furnishing public records to requesters to $25 per hour maximum should the response require over two hours of employee work time.

Under the updated law, if a town fails to comply with the requirements within 10 days, an appeal that is petitioned to the Supervisor of Records and accepted may go directly to court and, if the requester prevails, the town is liable for legal fees and costs to the requester.

“It’s good in its intent,” said Dawson, “but it will force a number of changes for us, which I think are probably for the good … but we have to think a lot on the ways we do things.”

Dawson said he will continue to meet with staff internally to prepare for the changes and would keep the selectmen up to date on the information.

“This is going to have a significant impact on the … different ways on how we deliver the access to public records,” Dawson said. “This is a big change.”

Also during the meeting, the board honored retiring Veterans Office Principal Clerk Paula Butterfield who has served the Tri-Town veterans for 25 years. She will be leaving November 25 of this year.

Selectmen Chairman Jody Dickerson said that although Butterfield had only been working as veterans clerk in the Town of Marion for about two years, in that short period of time what she has done for Marion veterans was “remarkable,” as Dickerson put it.

“We really appreciate everything that you’ve done,” said Dickerson. “You definitely will be missed.”

Butterfield said her parting is bittersweet and that it has been an honor to serve the local veterans for all these years.

“It’s going to be hard for me to leave,” said Butterfield. “I’m going to miss my veterans and their families.”

The selectmen each thanked Butterfield personally and gave her a basket of flowers.

The next meeting of the Marion Board of Selectmen is scheduled for October 6 when the board will meet with the Finance Committee at 6:30 pm at the 13 Atlantis Drive building to discuss the Special Town Meeting warrant.

By Jean Perry

The Marion Board of Health has decided to move forward with a regulation to restrict the sale of flavored tobacco products, but Marion will be the very first municipality in the United States to include menthol cigarettes in its restriction.

The regulation would restrict the sale of menthol cigarettes and flavored tobacco products to adult-only stores, of which there are none in Marion.

Law firm Jones Day, representing R. J. Reynolds Tobacco Company, among others, wrote a letter to the Board of Health dated September 26, telling the board that the flavor ban violates the Supremacy Clause of the U.S. Constitution.

“[W]e urge Marion to refrain from adopting the proposed regulation,” reads the letter. “If Marion instead chooses to adopt these provisions, we will have no choice but to consider the initiation of litigation challenging the regulation.”

The board was also in receipt of a letter from the Coalition for Responsible Retailing (CRR) dated September 19, representing retail trade associations that represent retail stores located in Marion. The letter asked the board to refrain from adopting such a restriction on flavored tobacco and menthol cigarettes citing a “severe financial impact on law-abiding retailers that have demonstrated 100% retail compliance in preventing the sale of tobacco to minors,” and furthermore calling the regulations “outside the scope of the Board of Health’s statutory authority.

The CRR cited the article from The Wanderer when Cheryl Sbarra warned the board of the risk of a lawsuit should it adopt such a restriction on menthol cigarettes, stating in the letter, “The assessment of the litigation risk is a reasonable one.

On October 3, the Board of Health met with a number of individuals representing several anti-tobacco entities that pledged their support should the board proceed with the regulation.

Christopher Banthin, program director of the Public Health Advocacy Institute (PHAI) of Northeastern University offered his and the PHAI’s pro bono support, should the tobacco industry initiate a lawsuit against the town all the way through the appellate level.

Banthin spoke with Town Counsel Jon Whitten, suggesting the town appoint Banthin as special counsel, saying, “[Whitten] was satisfied that, as long as a law firm would be willing to shoulder the defense of the case, he would feel comfortable moving forward…”

Banthin said his organization has ample experience defending a health regulation such as the one Marion is pursuing.

“We are focused on this issue,” said Banthin. “We know that this regulation would advance public health and protect millions of lives, so we are eager to help you and defend you at no cost.”

Also at the table with the Board of Health that night was Cheryl Sbarra, an attorney from the Massachusetts Association of Health Boards, Southeast Tobacco-Free Community Partnership Program Manager Kathleen Wilbur, and Bob Collett, director of the Cape Cod Regional Tobacco Control Program.

Sbarra said everyone willing to support the town through research assistance and legal representation is passionate about the issue; however, all parties must not move ahead in haste because much work is involved in preparing for this type of litigation risk.

“I would respectfully suggest that instead of moving forward with this as quickly as we are, this will suck up a lot of research time on our part,” Sbarra said. “This has the capability of taking on a life of its own.”

Sbarra said she would prefer to see a public hearing later rather than sooner so that they can be properly prepared.

“Because the industry will be,” said Sbarra.

Board of Health member Jason Reynolds concurred.

“I agree that it’s something that we probably need to be very purposeful [towards],” said Reynolds, adding, “It’s not just aimed at improving the health of the youth of our community, but it’s also aimed at improving the health of the entire community.”

The board voted to allow Banthin and his colleagues to meet with the town administrator and town counsel to draft a written agreement appointing Banthin as the special counsel to the tobacco matter.

The board also canceled its scheduled October 11 public hearing to vote on the flavored tobacco regulation.

The next meeting of the Marion Board of Health is scheduled for October 25 at 4:30 pm at the Marion Town House.

By Jean Perry