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Trustees, town manager clash over whether trust funds should pay for cemetery road repairs
Summary
Trustees debated whether cemetery road repairs count as maintenance and whether Trust Funds can be used; interim Town Manager Jack Wozmak said perpetual-care funds should be viewed broadly and that statutory duty includes maintaining 'access', while trustees raised concerns about using restricted funds for last year's road damage.
Canaan Cemetery Trustees and town officials debated on May 20 whether money in cemetery trust accounts can be used to repair internal cemetery roadways.
Lynne A. Murray, chair of the Cemetery Trustees, flagged notes from the town budget committee about funding sources and asked whether routine maintenance should cover road repairs. Scott Johnston, the Select Board liaison, reminded the group that for about 15 years the practice has been to coordinate with the Trustees of Trust Funds at year-end to determine how much cemetery expense can be reimbursed from trust balances.
Jack Wozmak, interim town manager, argued that perpetual-care funds should be interpreted broadly and noted that the statutory requirement obliges the town to maintain “access” to its cemeteries. Cindy Neily, a trustee of the Trustees of Trust Funds, said current deed language in town records states that “care and maintenance will be provided” and described how sale proceeds are placed in a general cemetery maintenance fund, while funds held in cemetery-specific trust accounts remain restricted to their cemetery.
Trustees expressed concern about using cemetery trustees’ budgets to cover the cost of repairing damage at Canaan St. Cemetery that occurred last year when part-time highway department workers performed work. The group discussed alternatives for acquiring additional cemetery land if needed: funding the purchase through Trust Funds would likely require a cy-près court filing and take years; if the town instead pursued acquisition through the Select Board it could be done by contract and might not require a warrant article depending on funding source.
Trustees asked to review the cemetery maintenance job description before it is posted and to participate in candidate interviews; town staff agreed to provide the job description for trustee review. The trustees did not make a formal decision at the meeting about shifting road repair costs to Trust Funds; the discussion clarified options and next steps for budgeting and land-acquisition approaches.
The minutes show no statutory citations by name; participants referenced an unspecified state law change in the 1980s that altered how perpetual-care funds can be used.
