Letter from Selectman Sonny Harris regarding Town Hall 03.25.15

3/24/2015

Revised 1:18 pm

Cheryl (please forward to John and Harry)-

I am writing in response to our selectmen’s meeting last night (Exhibit 1) that was rather enthusiastic/ polarized regarding Town Hall matters, to make clear and a matter of record my position and further, to offer some suggestions/alternatives which I believe are in the best interest of the Town:

First, I have made it clear repeatedly, far and above all other matters, I am concerned about the safety of the people occupying the lower level of the Community Center, particularly the section located in the southwest corner.

Second, I am concerned about the safety of our records (document evidence, tapes, etc.) located in that building.

Third, I am concerned about the accessibility of our records to the public in a timely fashion due to the limited space of the Community Center causing the absence of many of our Town records to be located in that one specific location.

Fourth, I am concerned about losing the Town Hall to the heirs of Tappan due to the Town’s negligence in adhering to conditions of a legal instrument. Refer to MCRD Book 173, Page 507, executed on 5/23/1863 and recorded on 2/12/1864 and MCRD Book 174, Page 42, executed 5/23/1863 and recorded on 3/15/1864 (Exhibits 2 and 3).

Fifth, I am concerned about our current and ongoing illegal occupation of the Community Center, again, violating conditions of a legal instrument. Refer to MCRD Book 553, Page 263, executed on 4/27/1937 and recorded on 5/4/1937 (Exhibit 4).

Should anyone choose to believe that we are “off the hook” regarding the fourth and fifth items above, I would welcome  previous detailed conversations in which I have engaged with Stanley M. Brown Esq. , portions of which can be verified in school district document evidence (Exhibit 5). Also for your edification, please refer to North Hampton School District vs. North Hampton Congregational Society, 97 N.H. 219, 84 A 2d 883 (N.H. 1951) (Exhibit 6).

The aforementioned facts are the reason I voted last night to return our Town offices to the Town Hall, assuming we have the funds to do so, assuming we can satisfy all legal requirements, conditions and agreements (i.e. fire codes, building codes, handicap access, historic register conditions, etc.) and assuming this act will not disrupt the LCHIP grant that many fine people have worked tirelessly to acquire.

That being stated and based on parol evidence presented last night at our Selectmen’s meeting, perhaps it would be wise, if we can move appropriately, to commence by moving only the Selectmen’s office and Administrator’s office into the Town Hall and leave the Tax collector/Town Clerk office (which has a second egress and hence, not as unsafe) in its present location for now. That would reduce moving costs and eliminate concerns of various internet and other important and costly necessary connections, etc.  Additionally, the Town Clerk/Tax Collector could have all of the available space in the current Administrator’s office which would allow all of the TC/TC records to be located there, in a safer (but not entirely safe) and more reasonably accessible  place temporarily,  until the Town Hall project is (hopefully) completed.

Meanwhile, our immediate occupation of the Town Hall by the Administrator and Selectmen will improve grave safety concerns, satisfy legal obligations and prevent our irresponsible loss of the Town Hall property. Now that these circumstances have been brought to our attention and discussed repeatedly and publically (particularly at our most recent Town Meeting of 3/21/2015) (Exhibit 7), I am concerned that the Town could be held negligent for not addressing these concerns swiftly. In my opinion,  our meeting last night, the decisions voted upon in the affirmative and this letter collectively have made our position sincere in an attempt to address these concerns head on and in a timely fashion and in doing so, represent the best interest of the Town as we move forward, regardless of dissenting  or contrary opinions.

I suggest we discuss all of these aforementioned serious legal issues with Bernie Waugh in a timely fashion as well as members of the RHC and THRC to ensure we continue to protect the Town’s best interest?

I look forward to additional suggestions regarding this matter.

I remain your humble servant,

Sonny Harris