BY ROD HANSEN
Goffstown may have violated state law by putting an article on the town warrant without first consulting with the school board and county commissioners, according to a letter from the superintendent of schools.
However, selectmen have decided to hold off seeking a legal opinion on the matter until after elections.
The selectmen’s decision came in response to school district concerns the town did not follow state notification requirements prior to putting Article 24 on the ballot.
Article 24 is one of three on the ballot seeking to create a Tax Increment Finance district off Mast Road.
According to requirements described in RSA chapter 162-K:9, “The governing body shall fully inform the county commissioners and the school boards of the fiscal and economic implications of the proposed development district. The county commissioners and the school boards may present their recommendations at the public hearing.”
The town planning coordinator and economic development council chairman did contact school and county officials regarding the articles last year, but those steps were not taken this year because the articles have not changed, Town Administrator Sue Desruisseaux said.
Superintendent of Schools Darrell Lockwood expressed concerns about the process in a letter addressed to Desruisseaux on Feb. 22.
“The school board does not have a record that the 2007 ballot article along with an assessment of financial impact and other longer term consequences to the Goffstown School District were presented to them,” Lockwood wrote.
“If this article fails, the point is moot. However, should it pass, the school board wishes through this letter to be on record that the prescribed process has not been followed,” Lockwood wrote.
School board member Scott Gross said the board should have been notified about this year’s TIF proposal.
The district is zoned for flex use, meaning developers can use the property for residential, commercial and industrial purposes. Any residential development on the property could have a direct effect on the school district, Gross said.
Selectmen expressed doubts about whether the items would pass voter muster this year.
“I don’t think it’ll pass. If it does pass, I’ll eat crow right here at the board of selectmen,” said Selectman Phil D’Avanza, regarding the proposed TIF district.
With only two weeks to go until elections, the most selectmen can do is seek a legal opinion on whether the procedure was followed properly, Desruisseaux said.
Selectmen went against that option at their Monday, Feb. 26, meeting, opting instead to see whether the articles pass on voting day, March 13.
“I believe a legal opinion would be money better spent after (the warrant articles) pass,” said Chairman Barbara Griffin. “Personally, I don’t think they’re going to pass.”
Selectman Nick Campasano said the board should at least acknowledge procedural errors before voting day.
“If the board were to admit the process was flawed, (the warrant articles) are less likely to pass and save us the expense” of a legal opinion, Campasano said.
A motion from Selectman John Caprio not to seek a legal opinion regarding the TIF district articles passed unanimously.
There was a public hearing on the TIF district Jan. 22, and the warrant articles were also subject to discussion at the deliberative session of Town Meeting on Feb. 7.