What's the latest on keene school district building we voted to sell?

[Dave Ridley]

article from sentinel earlier.... does anyone know the current status of 34 west?

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Thursday, February 01, 2007

Voters get say, but is it binding?
   

Anna Haigh
Sentinel Staff


For the second time in two years, Keene School District voters will have a chance to register their opinion at the polls about the future of the district's building at 34 West St.

But how much power does their vote really carry?

Not much, according to district officials.

And many of the other articles proposed by residents may also be unenforceable, or left to interpretation by the Keene Board of Education, according to board Chairman Neil W. Donegan.


      


"I've never seen warrant articles like this presented with as little thought," he said. "I don't know what to make of them."

Donegan said he consulted with the district's attorney, John D. Wrigley, about the warrant articles that address 34 West St., written by Keene resident Judith W. Bright.

Bright's articles would direct the board to sell the building, set guidelines for the sale, and direct the board to use the profits to reduce its next budget.

State law allows any article submitted with more than 25 signatures to be put on the district's warrant by petition.

The public will have its final chance to amend all warrant articles at the district's deliberative session on Feb. 10.

The Keene district rents 34 West St. to N.H. School Administrative Unit 29, which oversees the Chesterfield, Harrisville, Keene, Marlow, Marlborough, Nelson and Westmoreland school districts.

Residents had a chance to weigh in on the issue in March 2005, and a majority voted to allow the board to sell the building. That vote, however, didn't force the board to do so, according to school officials.

Unit 29 voted in October 2005 to find new space, when it seemed the Keene Board of Education was headed toward selling the building.

Donegan said Wrigley's legal advice indicates the articles on selling 34 West St., if passed, would be non-binding because residents don't have the authority to vote to sell the building.

He said it also seems unlikely the district's voters could tell the board what to do with the funds generated from the sale.

Wrigley was out of town and unavailable for comment.

Bright said she talked with an attorney about the articles and believes they are enforceable.

"We'll let voters pass it, and then (Donegan) can take it to court," she said.

And the articles on 34 West St. could have other effects on the issue even before the March vote.

Unit 29 board members will meet next week to decide whether to move administrative offices to The Center at Keene, or accept a lease proposed by the Keene board to have Unit 29 stay put on West Street for another 20 years.

Donegan said Unit 29 board members' decisions may be influenced by the proposed articles, which could cast doubt on the future of the building.

Four other petitioned warrant articles will be in front of voters in March, three of which Keene school board members have questioned.

Voters will weigh a request for funding to renovate Alumni Field, an article that has drawn mostly support from the public and the board.

Other petitioned articles would direct the board to adopt a conflict-of-interest policy; to seek voter approval for renovations to 34 West St.; and to and to redistrict Keene elementary schools.

Donegan said the board didn't seek legal advice on the other three articles. If they're passed, the board will decide how to interpret them.

Though it's unclear if the three articles are enforceable, board members said the public's opinion will still be considered.

Board member Shannon E. Sullivan said she would take into account what voters think as part of her decision-making process.

However, she was concerned many of the articles could force the board to make big changes without much foresight, and that voters may not have enough information necessary to make a decision on such big issues.

Donegan found fault with the warrant article that directs the board to consult with voters before offering "renovations" to the building at 34 West St., also written by Bright.

If passed, he said, it would be difficult for the district to fix even minor problems there.

When board members reviewed the petitioned articles at the last budget hearing, many were critical of the article on the conflict-of-interest policy, saying it would restrict all Keene residents from serving on the board, because most issues voted on would have a personal financial impact.

The policy proposed in the article would require all board members to exempt themselves from voting on measures that would result in a financial impact for themselves, family members, or business associates.

The district already has had a conflict-of-interest policy in place, which says conflicts don't include a board member's financial interest as a taxpayer in a decision, or an interest as a parent in issues that affect their children.

Also, some board members criticized board member Robert G. McLaughlin for bringing forward the article on redistricting, which would require the board to more evenly distribute students throughout the district's elementary schools.

Board members said McLaughlin should have asked the board to vote on the issue before he took the matter to a public vote instead.

McLaughlin said even if his article passes, but isn't enforceable, it will be a good way to identify board members who don't follow the public's wishes.

In response to the criticism, he also pledged to bring more issues to a vote by the board before he writes petition articles.

[Russell Kanning]

the thugs (that call themselves "educators") are still in the building. They did teach me something.

[lildog]

"Donegan found fault with the warrant article that directs the board to consult with voters before offering "renovations" to the building at 34 West St., also written by Bright."

It's called a public hearing.  Merrimack has then very frequently for everything from accepting donations to buying police cars.  99% of the time no one bothers to even show up at them so the town goes on with what it wanted to do anyway but the fact is they give the public the chance to speak out if they wanted to.

[Dave Ridley]

answering my own question here...

I called around and one of the Keene Taxpayer guys tells me the powers that be are still thumbing their nose at voters and not making an effort to sell 34 West.  He sounded frustrated, like this year's vote meant nothing.

Also I got the impression there is still talk of a 20 year lease on that building which has the Taxpayers pissed.   

[d_goddard]

Just curious... are there legal proceedings that can be brought against the town for failing to act in good faith a warrant article?

CNHT (the organization, not necessarily specifically Jane) would know a hell of a lot about this if someone wants to hold the bureaucrats' feet to the fire...

[Dave Ridley]

Just curious... are there legal proceedings that can be brought against the town for failing to act in good faith a warrant article?

CNHT (the organization, not necessarily specifically Jane) would know a hell of a lot about this if someone wants to hold the bureaucrats' feet to the fire...

it can be done, and the keene taxpayer group is apprently discussin it

that's all i know. 

oh also the more recent referendum was apprently more binding than the last, and won more decisively