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Candia select board discusses use of cemetery perpetual-care interest; seeks attorney and NHMA guidance
Summary
Board members debated whether interest from the cemetery perpetual-care fund can be used more broadly for maintenance and agreed to consult the town attorney and NHMA and consider crafting a warrant article and AG guidance to change current restrictions.
Members of the Candia Select Board spent a substantial portion of the Dec. 15 meeting discussing the cemetery perpetual-care fund and whether its interest could be used for broader maintenance work.
A board member (role label: Committee member) said NHMA guidance indicated the perpetual-care principal cannot be touched and that the Attorney General’s office tightly regulates how perpetual-care funds may be used. The same board member reported a memo from Tammy Lutzen at the New Hampshire Municipal Association and recommended consulting NHMA and the town attorney to draft appropriate warrant-article language if the board wants to allow greater use of interest.
Why it matters: Board members said there is a significant amount of money generating interest in the perpetual-care fund and that, as currently administered, much of the interest cannot be used for general cemetery maintenance. One discussion point in the meeting referenced a reported fund balance in the millions (a figure cited in the discussion as about $6.7 million), and members expressed frustration that previous attempts to change use of the funds had been rebuffed by the budget committee and constrained by existing verbiage.
Board direction: The Chair gave permission for staff (Amy) to meet with the town attorney and work with NHMA to craft warrant-article language that could be put to voters; members stressed the need for careful verbiage and attorney review. The board also discussed contacting trustees for better periodic reporting on the fund’s balance and interest earned.
The transcript records that NHMA and a sample template were provided, but NHMA noted the perpetual-care principal is protected and only certain interest uses are permitted under AG oversight. Members agreed to proceed with attorney consultation and to return with recommended warrant-article language and reporting from the trustees.
The reporting here is limited to what was said during the meeting transcript; the board did not adopt a warrant article at this meeting but directed staff to pursue legal review and drafting.
