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Facility‑use policy second reading tabled amid deed and trust concerns for community center
Summary
At the second reading of the facility‑use policy the board debated a clause barring exemptions where admission or donations are collected; public speakers and board members raised Cogswell Trust deed restrictions tied to the community center and asked staff to seek guidance from the NH Charitable Trust Unit before further action; the board tabled the policy.
The board held a public hearing on a revised facility‑use policy, including language that states "absolutely no exemptions shall be considered if any funds are accepted at the door as income for the renter, be it donations or admission fees." Staff noted the line is intended to prevent groups that collect money from classifying themselves as a free community user.
Members of the public and board questioned whether the Cogswell Trust deed that governs the Grange/community center prohibits charging any fees for the building. "I think it's pretty clear if you read the Cogswell Trust that this building does not get included in any conversation about fees..." a member of the public said, urging caution. Staff and several board members agreed the deed language could be restrictive and suggested consulting the NH Charitable Trust Unit in the Attorney General's office to clarify whether charging accessory fees (for lights, cleaning, etc.) would violate the trust.
The board also noted existing fee schedules list many community organizations as eligible for free use, and members discussed whether religious groups or donations taken "at the door" should be treated differently. After public comments and board discussion, the board voted to table the facility‑use policy and directed staff to seek a legal opinion from the Charitable Trust Unit; if that route is unhelpful, staff will have town counsel review the deed and policy.
Why it matters: The interpretation of deed and charitable trust language could limit the town's ability to recoup operating costs for the community center or expose the town to legal risk if charges conflict with the donor's restrictions. The issue affects multiple community groups that use the Grange and similar town facilities.
Next steps: Staff will contact the NH Charitable Trust Unit for guidance and, if necessary, bring the issue to town legal counsel and return to the board with recommended language.
