To the editor:
I attended [Wednesday] night’s Select Board meeting on whether to seek a compliance exemption to 3A based on the state auditor’s determination that it is an “unfunded mandate.” I was surprised to see the discussion continue to include assertions that Marblehead has already voted “no to any zoning plan” or should vote similarly again at the next Town Meeting.
That vote has already been nullified by the [Supreme Judicial] Court when they determined that 3A is constitutional, that towns must comply, and the Attorney General has the legal authority to enforce compliance. As far as I can see, the only votes that can now be cast at Town Meeting are:
1) “yes,” accept the current plan and submit it;
2) “no,” modify or create a new plan by the deadline.
If people disagree, my questions are:
- Has Marblehead ever voted before at Town Meeting to violate a state law?
- Is that even allowed at Town Meeting (e.g., could Marblehead vote to allow drivers to not stop for pedestrians in crosswalks)?
My second concern is regarding seeking a compliance exemption through the court. Since the state auditor has not determined what actual direct service costs (not potential or possible costs) are unfunded, if any, which is the requirement when there is a determination that a mandate is “unfunded,” and the requirement of 3A is to only develop a zoning plan, not implement a building plan, what costs has Marblehead incurred that have not been covered that could be submitted to the court for a compliance exemption? Legal fees? Consultant fees? Plan development fees? Office equipment use? Staff?
Finally, I would like to point out that per the state auditor’s website on unfunded mandates, once a determination has been made that there is an unfunded mandate, 10 town taxpayers can file their own class action to seek a compliance exemption. This would take the financial burden off the town in seeking a legal compliance exemption and perhaps quell the debate around 3A.
But of course, per the auditor’s office, any petition for the compliance exemption would not prevent the AG from enforcing the 3A law against the town, would not guarantee funding, and would only delay the requirement to create the zoning plan.
Pat Fried
Hillside Avenue
