This issue has been going on for several months. It almost culminated at this past Monday night's School Board meeting and Holden Councilman Harvey certainly expected it would.
However, while the Town of Holden had reportedly sent its formal and legally prepared proposal to School Board Chairman Varnum a month ago, none of the Board members received it until the Tuesday prior to the Board meeting. And neither the Eddington nor Clifton Boards of Selectpersons had received it. As a result of that delay, neither the School Board nor Eddington nor Clifton had had the opportunity to have their legal counsels review the proposal nor consider the opinions of their constituencies.
Not only are those steps important, they are legally required. Without these steps, the towns of Eddington and Clifton could file suit against the School Board. Regardless of an opinion expressed by Interim Superintendent Hart at the Monday meeting (that Board members are elected to make such decisions), there are legal precedents that would give Eddington and Clifton grounds to file legal action (a.k.a. a law suit) against the School Board should the it vote away the property in question without first consulting with the Boards of Selectpersons of Eddington and Clifton. And "consulting does not mean listing "Holden Town Deed" on the Board's Agenda, regardless of comments by Board Member Ellis (rep from Holden). And that was how the issue listed, with no indication that there was any intent of a final vote planned - not to mention that the formal documents had not been sent to the Selectpersons of Eddington or Clifton.
So, let's look at the Town of Holden's Proposal and then ask a few questions.
The proposal has been set forth in the form of a Release Deed, which states as follows:
"SCHOOL ADMINISTRATIVE DISTRICT #63, located at Holden, Penobscot County, Maine, for consideration paid, released to the INHABITANTS OF THE TOWN OF HOLDEN, a municipality located in Holden, Penobscot County, Maine, all of the District's right, title or interest in and to the land and any improvements thereon located in Holden, Penobscot County, Maine, described as follows:
A certain lot or parcel of land with buildings wnd improvements thereon situated on the northerly side of Main Road (a.k.a. U.S. Route IA) in the Town of Holden, County of Penobscot, State of Maine and being more particularly described as follows:
Beginning at a point on the northerly sideline of said Main Road, which point is further described as being the southeasterly corner of land now of the Inhabits (sic) the Town of Holden as described in a deed recorded at the Penobscot County Registry of Deeds in Volume 2595, Page 20;
Thence N 20 degrees 53' 44" E by and along the easterly line of land of the Inhabitants of the Town of Holden as described in Volume 2595, Page 20, a distance of 1132.34 feet to a point on the southerly line of land now or formerly of Granville Jennings as described in a deed recorded as the Penobscot County Registry of Deeds in volumn 3839, Page 254;
Thence S 71 degrees 47' 08" E by and along the southerly line of land of said Granville Jennings, a distance of 801.86 feet to an iron rod found at the northeasterly corner of land of School Administrative District #63 as described in a deed from the Maine School Building Authority to School Administrative District #63, which deed is recorded at the Penobscot County Registry of Deeds in Volume 2529, Page 115, said point is further described as being on the northwesterly line of land now or formerly of Philip Robinson as described in a deed recorded at the Penobscot County Registry of Deeds in Volume 3518, Page 193;
Thence S 31 degrees 08' 46" W by and along the northwesterly line of land of said Philip Robinson, a distance of 507.14 feet to a point on said line;
Thence N 61 degrees 09' 31" W, a distance of 262.78 feet to a #6 rebar with an aluminum cap stamped "PLS 1030" set'
Thence continuing on the same course N 61 degrees 09' 31" W, a distance of 174.15 feet to a #6 rebar with an aluminum cap stamped "PLS 1030" set;
Thence S 32 degrees 28' 29" W, a distance of 202.92 feet to a #6 rebar with an aluminum cap stamped "PLS 1030" set;
Thence S 10 degrees 57' 54" E, a distance of 125.34 feet to a #6 rebar with an aluminum cap stamped "PLS 1030" set;
Thence S 25 degrees 47' 19" W, a distance of 219.71 feet to a #6 rebar with an aluminum cap stamped "PLS 1030" set near the left field corner of the ballfield;
Thence S 38 degrees 51' 28" W, a distance of 224.04 feet to a point on the northerly sideline of said Main Road;
Thence running in a mortherly direction by and along the northerly sideline of said Main Road following a 2503.72 foot radius curve to the left, an arc distance of 215.75 feet to the point of beginning.
EXCEPTING AND RESERVING to the Grantor, its successors and assigns, an easement to maintain, repair, replace and use the existing parking area encroaching onto the above described parcel as depicted on a survey plan dated Octobet 23, 2008 prepared by Plisga & Day, Land Surveyors, being further identified as Project 90228.
THis conveyance is made expressly subject to the right of the Grantor to requwst reconveyances to it of portions of the above described portions of the above descrived parcel, or easements thereon, upon 4evidencing a need for use of such portions or easements for school purpowes, including but not limited to the replacement or expansion of the subsurface wastewater disposal system serving Grantor's remaining land or the construction of additional educational facilities. Provided, however that the right reserved to Grantor shall not apply to any portion of the conveyed property, which at the time of any such request, is being used by the Grantee for municipal purposes (emphasis added by this writer) or for other purposes for which the consent of the Grantor has been obtained or to any other portion as may have been conveyed by the Grantee with the consent of the Grantor.
The above described lot or parcel of land contains 12.14 acres, more or less, and is a portion of the premises desribed in a deed from the Maine School Building Authority to School Administrate Diwtrict #63, dated February 24, 1975 and recorded at the Penobscot County Registry of Deeds in Volume 2529 , Page 115 and a portion of the premises described in a deed from Richard C. Cook to School Administrative District #63, dated August 15, 1988 and recorded at the Penobscot COunty Registry of Deeds in Volume 4290, Page 50.
Bearings referenced herein are oriented to True North and are based on a survey dated October 23, 2008 by PLISGA & DAY, Land SUrbeyors, and said survey is further identified as Project No. 90228.
IN WITNESS WHEREOF, School Administrative District #63 has caused this instrument to be executed and delivered by ______, its Superintendent, this ___ day of _____. 2009.
And there follows Notoary Public Signature veification...
ATTACHED TO THE RELEASE DEED IS THE FOLLOWING - JOINT USE AGREEMENT - :
This Agreement is entered into by and between MAINE SCHOOL ADMINISTRATIVE DISTRICT #63 ("District") and the TOWN OF HOLDEN ("Town") as of the ___ day of ________, 2009.
RECITALS
A. Town conveyed a parcel of land to the Maine School Building Authority ("Authority") by deed dated May 29, 1954, recorded in the Penboscot County Registry of Deeds in Book 1444, age 248.
B. The Authority conveyed the same parcel of land to the District by deed dated February 24, 1975, recorded in the Penobscot County Registry of Deeds in Book 2529, Page 115.
C. District conveyed a portion of the parcel to Town by deed dated October 9, 1975, recorded in the Penobscot County Registry of Deeds in Book 2595, Page 20.
D. District released its remaining interest in the parcel conveyed to Town by deed dated June 23, 2008, recorded in the Penobscot County Registry of Deeds in Book 11457, Page 229.
E. District acquired an additional parcel of land from Richard C. Cook by deed dated August 15, 1988, recorded in the Penobscot County Registry of Deeds in Book 4290, Page 50.
F. District has agreed to convey 12.14 acres of its property to Town, as shown on a survey dated October 23, 2008, prepared by Plisga & Day, Landy Surveyors, a reduced copy of which is attached hereto as Exhibit A (hereinafter the "Property").
G. District has traditionally used the ball field and appurtenances thereto located on the Property, as shown on the survey plan, for school purposes, and the parties desire to enter into this Agreement to allow the continuation of that use.
H. Town has traditionally used said ball fields and appurtenances thereto as part of its recreational programs.
I. Town has also agreed to allow the District to use the Town's ajacent property for overflow parking for school events.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties hereby agree as follows:
1. Town shall continue to provide overall maintenance and repair of the ball field and the associated improvements (including the dugouts and chain-link fencing).
2. District shall be permitted to provide supplemental maintenanmce and repair of the ball field and associated improvements.
3. District shall have priority for the use of the ball field and associated improvements during the school year. District, through the Principal of Holden School (or designee) shall consult with Town's Manager (or designee) concerning the scheduling of any school usage of that facility during the school year, and the coordination of any Town usage of the same during the school year.
4. During school summer vacation, Town shall have the priority for the use of the ball field and associated improvements for its recreational programs. Town, through its Town Manager (or designee), shall consult with Holden School's Principal (or designee) concerning the scheduling of Town usage of that facility during the school summer vacation, and the coordination of and school usage of that facility during school vacation.
5. Both District and Town shall retain any immunities from liabilities available to them under Maine law, or any other source.
6. Any proposals relating to major repair or replacement of the existing recreational facilities on the Property, or the development of new recreational facilities on the Property, shall be presented by the proposing party to the other party for review. If the proposed improvements are to be jointly used by the parties, the parties shall negotiate in good faith to develop an agreement on the funding and maintenance of such improvements, and any necessary or appropriate amendments to this Agreement. If the Town proposes the improvements and the District does not elect to utilize the same for school purposes, Town shall be responsible for the payment for, and the maintenance of, the improvements. If District proposes the improvements and Town approves them, but does not elect to utilize the same ofr municipal purposes, District shall be responsible for the payment for, and the maintenance of, the improvements.
7. District shall have the right to use any parking areas onthe Parperty, or on ajacent property owned by the TOwn, for overflow parking for any school events. The Principal (or designee) and the Town Manager (or Designee) shall consult on the Scheduling of major events by either party in an attempt to avoid conflicting demands for parking.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on their behalf, in duplicate counterparts, as of the date first above written.
TOWN OF HOLDEN
Signatures from Holden Town Manager and MSAD#63 Superintendent (with witnesses)
So NOW MY QUESTIONS AND THOUGHTS FOR CONSIDERATION:
Let's be clear about what is currently occupying the Property Holden wants conveyed from SAD63 to the Town of Holden. Aside from degrees and measurements, What are we really talking about? (According to Councilman Harvey, in his mostly one-way conversation with me in the parking lot outside the Holbrook School, the Veterans Memorial, the Nature Walk trails, the supplementary parking lot [that SAD63 just paved at the mandate of the Town of Holden at a Taxpayer cost of $40,000], and the ball field are all on the 12.14 acres of Property to be conveyed if this proposal is approved.)
1. How did this Property come to be part of SAD63 in the first place? Councilman Harvey told me that the Property in question originally belonged to Holden. There is reference to parcels of the Property originally belonging to Granville Jennings and Philip Robinson in the Release Deed.
If taxpayers ("Taxpayers") from the towns of Eddington, Clifton and Holden had to compensate either individuals or the Town of Holden for the Property to become part of SAD63, then some form of compensation to the Taxpayers should be made in exchange for releasing the property to the Town of Holden, even if some form of shared usage results.
2. There is nothing in the Release Deed or Recitals that guarantees the Property will be held by the Town of Holden for Public Access, meaning that it will not be sold to a third party or used for exclusive town business purposes. While there were verbal assurances by individuals at the School Board meetings, without the guarantee in writing, there is no legal binding. Additionally, note the caveat the Town of Holden has included in the "Excepting and Reserving" section of the Release Deed (highlighted in red by this writer). What safeguard is there for Taxpayers that the Town of Holden will not convert any portion for a "municipal purpose" such as an additional municipal building.
3. The Veterans Memorial is included in the Property to be conveyed to the Town of Holden. The Memorial was created through fund-raising efforts by the eighth-grade students at Holbrook Middle School. While there may be some discussion as to the fiscal responsibility for flag replacement at the Memorial, the Memorial was clearly the result of SAD63 students. Should the ground on which the Memorial stands be separated from SAD63 property?
4. The Nature Walk trails are part of the property to be conveyed to the Town of Holden. Councilman Harvey told me the trails are maintained by Holden volunteers. He also stated that the trails were created by financial grants. (My impression was he intended to infer the trails were not developed by SAD63 Taxpayers.) If the grant applications suggested or flatly stated the trails would benefit the education of SAD63 students, the grantors may have elected to fund the Nature Walk trails because of the school district association and because the trails were on the property of the Holden Elementary School.
5. For all of the Taxpayers funding (for maintenance, improvements, taxes, insurances, etc.) since the Property became part of SAD63, some form of compensation to the Taxpayers should be issued by the Town of Holden for the Release Deed proportionate to any agreement of joint use and authorization of control.
6. FINALLY, in no way does the argument of the former RSU discussion apply to this issue. The OLD RSU proposal dealt with the potential consolidation with Brewer and an RSU Board that would have had a significant representation from the community. It was for that reason many issues regarding land associated with the Eddington, Holbrook and Holden schools were discussed. The OLD RSU proposal was soundly defeated and is dead. DEAD. Off the table. Even though there have been individuals who have tried to get the School Board Chairman to appoint a NEW RSU Committee to get started, nothing has been done. The only things that have been done is TALK. The current Interim Superintendent firmly believes SAD63 will consolidate with someone in the coming year. There is "TALK" that SAD63 may enter consolidation discussion with Dedham or Orrington or Otis (depending on how Otis votes on September 9), but one thing is sure - IF SAD63 CONSOLIDATES with anyone, it will be a K-8 plan with an on-going high school option. And that's the only RSU aspect that's applicable to any discussion.
Therefore, why the rush to give away any SAD63 land? There isn't even an RSU committee to discuss any potential consolidation. The State of Maine voters may vote to repeal consolidation altogether in November, in which case SAD63 will stay exactly the way it is. So why give away the very land SAD63 currently has before we know if we will be consilidating with anyone.
The only reason I can see for the rush is because the Town of Holden, particularly Councilman Harvey, wants the land for whatever reason the Town of Holden may have.
The TAXPAYERS of SAD63 are the ones who should be making this decision. Can we be sure how our communities will be growing or evolving over the next 10 years? Do we know how the change in Route 9 will impact the need for the Property in question or the need for the Holden School to be able to expand? For sure the Towns of Eddington and Clifton need to be active participants in this decision and their representatives on the School Board need to know how their constituents feel before any vote is taken.
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