An Alna property owner is calling selectmen’s letter about her rental ad, “an attempt to interfere with (her) First Amendment rights.” That’s how Judith Fossel’s reply describes the board’s letter that takes issue with the ad’s reference to school choice.

“It is a shame that the Town of Alna feels the need to censor its citizens, trampling on the rights that our brave troops fight every day to protect,” Fossel, of Alna Road, writes in her July 22 response letter. Selectmen discussed it July 27.

Fossel’s ad, which remained online July 27, reads in part: “Available for school-year rental at monthly rent. Alna is a school-choice town.”

Selectmen — and Sheepscot  Valley Regional School Unit 12 Superintendent of Schools Howie Tuttle, in a recent phone interview — have said being a seasonal renter doesn’t qualify as residency.

Selectmen’s July 14 letter to Fossel states that her ad at vrbo.com “proposes a sham residency, offered soley for the purpose of accessing a taxpayer subsidy ... We are advising you that if you do accept seasonal renters who then attempt to collect a school choice tuition subsidy, we will instruct the RSU that these parties are not legitimate residents of our town, and that we as a board will refuse to authorize payments.

“Of course, we cannot tell you to change your ad; however, you would be well advised to inform any prospective tenants that tuition payments will be resisted ...,” the board’s letter continues. “We have a duty to the legitimate residents of this town to do so.”

Fossel’s letter requests all minutes, notes, records of phone calls and correspondence regarding the ad issue. Selectmen said they were complying with her Freedom of Access request.

A series of emails shows selectmen’s exchanges, starting with Baston’s July 11 one providing fellow board members with the ad; he states he thinks they should write to Fossel telling her they would challenge the residency of anyone who rented under those conditions.

Second Selectman Melissa Spinney then writes in response, “She just does not get it. An email would be good.”

Two days later, the board voted to send the property owner a letter. In response to a question from the Wiscasset Newspaper, selectmen said Judy Fossel was the owner.

On July 14, the morning following the meeting, Baston writes in an email,  “We won’t be ahead of Susan on this, but I thought we had better not be far behind.” Then he offers a draft letter for review. “Edit as you wish. I tried to be annoyed, but not too annoyed in tone. You can ramp it up or down ...”

Spinney writes back, “I think it sounds good.” Later emails show board members and Town Clerk Lisa Arsenault coordinating on the letter’s signing and mailing.

In phone interviews July 14 and July 27, Fossel noted her ad says nothing about tuition. “I in no way shape or form equated my rental to school choice,” she said July 27.

Fossel plans to keep the ad online. “Of course. Why wouldn’t I,” she said.

Update on nonprofit contribution idea

Newcastle and Alna selectmen have begun talking about possibly jointly asking Midcoast Conservancy for money in lieu of the property taxes the nonprofit doesn’t have to pay, Alna selectmen said. Baston said he and First Selectman David Abbott discussed the idea with Newcastle board’s July 25. “They were interested,” he said.

Baston said he also had an exploratory phone conversation with the organization’s director July 26.  “They didn’t leap to the idea of giving a contribution, but they said they’d take it under advisement.”

Alna selectmen first mulled the idea June 29. The conservancy’s transition and finance director Steve Patten later told the Wiscasset Newspaper the organization may develop a uniform approach to fielding towns’ requests; he agreed with Baston’s comment that, like other property owners, the organization receives town services, but Patten noted it also provides public services, through programs and access to preserves.

On July 27, Baston said that in his view, everybody in Maine who doesn’t have a “No trespassing sign” offers recreation. Abbott said he lets people hunt, fish and snowmobile on his land. “That’s extending a public service, but I don’t expect any tax break.”

Five of the conservancy’s 11 Alna properties are property tax-free, town officials said. If those five were taxable, a tree growth or other discount would likely apply, making a tax of about $800 to $900 a year, Abbott said. So that’s probably what the town would propose the conservancy contribute, members said.

“It would have to be voluntary. We can’t make them do it, but it would be a nice gesture,” Abbott said.