001Uh, good evening. This is a special meeting of the Graten Board of Education being held on December 1st, Monday, December 1st, 2025 at 5:33 p.m. In person tonight, we have Jen, Jen White, myself, Bev Washington, and Dean Antipas. And online, we have Dr. Amen. We have Adrien Johnson. We have Mike Whitney and Ian Thomas. And Jay said he will join us whenever he can. So the first >> This is Sean. I'm here as well. >> Okay. Okay. Thank you Sean. The first uh item of the on the agenda and the only item is discussion and possible action in regard to the memorandum of understanding between the Graten Town and the Graten Board of Education concerning Mary Morrison on the Mary Morrison property and Dean was nice enough to write theou for the board. He got
002it and he went back and forth with John Bert >> about theou. So, I'm gonna just turn it over to you. >> Turn over to me. Thanks. >> Everyone had a chance to read theou and um Dean will explain it. If you have any questions, uh raise your hand and I'll call on you when I see you. >> Right. Thank you. Um very simple. We've gone over this before. Uh the the town has uh has a shortage of of open space. uh for general public use and the meadow I'm going to call it the meadow because that's just what it looks like uh to the rear of the Mary Morrison property which is a fairly large property. So it doesn't this field is not directly abutary Morrison but there's a path and you get to
003the meadow behind that. Um the town has identified that as a neat piece of property that they would like to use for open u um for for public uh for public use. Um our concerns of course were proximity to the school um access uh anything being permanently built etc etc. So we we uh I agreed to take a first crack at drafting anou memor memorandum of understanding just to lay out the term specifically uh quite briefly the the the the initial term is five years. Um and it'll automatically renew for a maximum of four additional fiveyear terms unless one of the parties signals to the other party that uh that we're done. So either the school district could pull out uh or the town could pull out if it wanted to. Um the board allows
004the town to use the field for park and open space for rec park parks and wreck programs. Um the use of the field the the town agrees to use the field only outside instructional hours functions and event and so long as a town doesn't use the the field in conflict with any other use that's been approved by the board of ed. My understanding is that typically we have not used that that meadow back there. Um the board the school district is not under any obligation to provide materials, equipment, etc. for it. Uh they agree to respect the field. That's the town. Uh they'll they promise to keep the field clean and orderly. They'll be responsible for any direct costs of maintaining the field. That includes utility maintenance, custodial, any associated staffing costs, etc. Um and
005uh there's an understanding reflected in here that that since the board pays for certain services from the town parks and recck department, these payments may be reduced by the amount of direct costs quote unquote incurred by the town. So there's going to be a bit of an offset there. Uh we're not charging the town uh any sort of a rental or user fee for the uh for the field. Um use of the field will be coordinated. Uh the town will comply with any security measures that the district adopts for school properties. Um let's see. Uh town promises or will make sure that all all users of the field confine themselves to the field. Um there's an insurance provision. There was an insurance provision, but of course we're under the same insurance policy. So there's really
006no need to uh to uh to start having having fingers pointed. Um, the town uh agrees to indemnify the board of ed, its officers, employees, and agents uh from any claims or liability arising from any injuries or or damages uh uh from the use of the property. Um the memorandum can be terminated by without cause by either party on 30 days notice, prior written notice. Um, we reserve the right to reassume control of the field as needed for the operation expansion and reconstruction of Mary Morrison School just in case that properties identified as a great place to put a new school. Um, sometimes we do that. We'll flip from one part of the property to another. So, we reserve the right to do that. That's pretty much it. Um, there's some boiler plate in here,
007but other than that, that is the uh that's pretty much the agreement. Any questions? >> Ian? >> Uh, thank you. Yeah. Um, appreciate your efforts on this. Uh, overall I think it's a a great document. I think it covers all the bases as far as the concerns raised. Uh, just a couple details. Um, you mentioned about the offset of costs uh of um could you go into a little bit of detail there and as far as like how the math is going to be calculated for that? And also, um, I had a question about the the automatic renewal that I'd like to follow up on after that. >> Okay. So, uh, Sam, would you be able to address the offset business? >> I mean, if not, [clears throat] that's okay because I can't. I wasn't
008part of that. >> The only thing I'm aware of is is the, uh, mowing of the of the field itself. Be we have a subcontractor that comes and, uh, does the, uh, the mowing at that building. and um they wanted to have it mowed uh on a more um uh regular basis. And so I believe it was like $2,500 difference that that they will uh deduct from uh from the bill that they give us for uh any work that parks and wreck or the town does for us. >> Okay. And that's what this is what this is that's what this refers to. >> Yes. >> Okay. And that number would be um I guess adjusted on any given like annual basis if you know costs change. >> Yeah, it would uh it would go through
009the rest of this contract with the contra with the contractor and I I suppose if uh we get to another contract with them then we would uh talk to the town about that. >> Okay. Yeah. Yeah. I just my thought was just inflation. Sorry. >> Mhm. Yeah. No, I was gonna say I mean there you you could modify the term clause the term provision that says that the whenever there's an if there's an stop for a second whenever there's a renewal um that the renewal would be on exactly the same terms as they are now or we could say return I could say you know uh renewal on terms that the parties mutually agree to but that what that does is it basically says the parties have to come to yet another agreement and it
010wouldn't really function as an automatic renewal after But at any time the parties could say, you know what, we're we'd like a new agreement or we we'd like to tweak this. None of this is, you know, Matthew, Marluke, or John. >> Understood. Understood. Well, that actually ties into my follow-up question about the automatic renewal. Um, I think I'd be more comfortable myself just uh if there was sort of a a bakedin uh check-in as far as uh calling both parties to the table to just verify that we're still good with this because I mean fiveyear jumps um there's going to be turnover in the board, there'll be turnover in the council. So, you know, this could my only concern with automatic renewal is like same with like subscriptions to streaming services, you know, like sometimes
011you forget exactly what all you got going on. And I'd hate to have this thing drift by the by and not be updated. So, I'd like to see some language um that would require both the uh the board at the time and the council at the time to verify that they're good with the the arrangement every five years and you know the renewal is good or should there be some you know adjustment for inflation or adjustment for whatever >> right so there are no numbers in here uh so there's nothing to be indexed uh I mean I it could be written so that there is no renewal unless one or both parties take a positive step and say, "Hey, I'd like to renew." You could write it that way. In which case, what happens is
012if nobody takes any action, then theou is over after five years for the same reason because no one's paying attention. So, >> right, >> this this was a way the way it's drafted now was a way to say, okay, instead of having a block, you know, this is a 20-year agreement because, you know, both the district and the town are operating on long time horizons or like to operate on long time horizons with things like this, you want some predictability. So, this is a way to say, okay, um instead of just saying you've got it for 20 years and under certain conditions, we can take it back like we're going to build a new school or something. um we'll just break it up into different uh different periods and it'll automatically renew. But you have
013the ability to say, "Oh, oh, you know what? There's a new term coming up. We don't want to renew." So, it automatically renews. That that's that's what this is meant to solve is that problem of avoiding a 20 or 30-year block. Um but okay, that's that's that's your suggestion. >> I understood. Yeah. And I definitely appreciate the fact that you did break it up like that. It's not just a whole whole cloth 20-year agreement. And I I do appreciate that. and I think having the five-year increment and and so my one suggestion would be like to to put in something that would require both to to affirm they want to continue. Um so it it it calls itself to attention every 5 years but uh I'll wait to hear the rest of what the rest
014of the board thinks and then you know maybe make an adjustment or something. >> Yeah, happy to edit if that's the board's will obviously. >> Right. All right. Well, that's for that's it for me for now. Thank you. >> Any other comments or suggestions >> Mike? >> Yes. Thank you and thank you Dean for putting this together. This has a great potential to really help out the the town and and be favorable for the board of ed as well. Um I'd emailed a question. And I was just wondering about the part that says if the the BOE decides to, you know, um uh expand or build a new school. Uh my only question there is I think that's always the town that actually does that. Um I it is there a way to kind of
015have that nuance in theou or is it even needed? Um well usually the a school project originates yeah I would say a school project major school project would originate with the board of ed. You're right I mean it is all one town thing and on that basis you could say we don't even need a memor memorandum of understanding. It's like having an understanding with yourself. Uh so why write something out? But on the fiction that we're dealing with two separate entities. Um that's why it's written this way as though we're two separate entities. So um yeah I mean do you let's see uh reserves the right to reassume control of the field. Okay. Is needed for well yeah that's just in the context of that fiction that the BOE as one half of the brain
016would like the field back from the other half of the brain if you will or the brainless for some people. But again for as as with this and with anything else if anybody has any specific language they'd like to change or obviously you package that in the form of a motion and if that carries then I'll I'll be happy to make the edit otherwise I'm not touching it. >> Thanks. I just wanted to ask that question. My other one was I noticed and I'm okay with this. There's no mention of parking or or kind of access to the field with uh through like the driveway or the park using use of the school parking lot. Is would that do you think come in a differentou um or how would that be handled eventually? >> Well,
017that's a logistics question. I would defer to Sam. I there's only one parking lot for the property. I would think that as long as the as long as the meadow or the field of whatever you want to call it is being used after hours outside of school functions, the parking lot should be available. Um I think the the thought was that the field abuts a whole neighborhood and it would probably be mostly used by folks in that neighborhood. There'd be access through that neighborhood. But honestly, I don't know. If Sam has any any any comments or opinions, they're welcome. No, I I think that's exactly um the thought is that they would use the school parking lot and uh the neighborhood there's [clears throat] one of the side streets over in that neighborhood comes pretty
018close to the uh to the property line over there and people have parked there in that neighborhood previously um and just stepped over the stone wall through the stone wall there and to the field. So it's a much shorter walk for there uh from there. So, I know some elderly people were going there when they had soccer down there previously, but um so otherwise they'd they'd be using a school parking lot. >> Yeah. I mean, you know, is it going to be used to the extent is the extent of Pquanic Blaes? Uh or is it just they just officially want a place where they can tell people, hey, you can go kick a ball around? I I don't know. >> More like a neighborhood. >> Yeah. I mean, the fact is in that in that
019corner of the town, there's a der of um of open space for for general public use. And and then my last comment or question, maybe this is just Sam, I I remember um maybe Mark Barry mentioning that they probably would want to put a couple handicap parking spots accessible through that neighborhood, sort of that back entrance. Um, I don't know if that's talked about, but would that be like within the realm of this? Would that be allowed within the realm of theou? I think it's personally think it's quite important to have that handicap access. >> I mean, if it's in the public, if it's in the neighborhood side and those are public streets that that's out of our jurisdiction, uh, our parking lot, I presume, already has, although it's the the handicap spots, I'm sure,
020are are allocated on the basis of school use. Uh maybe it coincides with field use too. I don't know how those are calculated, but there already are in our parking lot uh handicap spots. So >> yeah, they're the spots, but there's I don't think based on my memory of it, there'd be any way, for instance, get a a wheelchair or a scooter um down along that path and trail. >> Yeah, you have a wonderful spot, but then you've got a Exactly. You've got this Well, you've got nature in front of you. Yeah. Well, it is paved through most of it into the field. So, a motorized scooter would make it or wheelchair. Um, but of course, it would be uh beneficial if they if the town could get a handicap spot on that side street,
021which is a much shorter distance than it is coming from the parking lots at the at the at the school. >> As long as it has brakes. It's pretty neat downhill to the field. Yeah, [snorts] >> we can mention it to John. So, so my question is, is that like something like that putting an extra parking spot even if it comes in on the property from the back end? Um, would that be provided? Is that allowed in theou? It seems like it could be. Uh, but I wasn't sure. >> Yeah, I don't think so. I think the the idea behind this is that they're basically when they're done, they're to leave it the way they found it. So, there was a concern from early on, you know, what if they build permanent structures? What if
022they what if a town builds a gazebo or uh you know picnicking areas with with a hardcape and then they decide to leave it. Now the school district has got this field with all this all this hardware and hardscape in it. What do we do? Um they've told us they just they take it out or they wouldn't put it in but they they would take it out. So who knows maybe we'd like to use it too. Um, but putting in a a handicapped spot, basically paving over part of the field in order to have Yeah, it's a good question. Could they take the meadow and say, "Well, we're going to put in five spots, two of which will be handicapped." Something like that. Um, I'm not even sure that's feasible without doing a lot of
023work to get there. >> Yeah, it's just if you look at if you look at the area, it's not really quite feasible. >> Yeah. And if they're parking on the street, um, Mike, that would be the town putting up a handicap sign if it's street parking. They're in charge of that. So if you're talking about the back entrance, people parking on that back entrance and the handicap sign at that back entrance, that would be in the town's domain, not in the board of eds. >> Right. Thank Thank you, by the way, for all of you. I I suspect if I have one more comment myself, I suspect what's going to happen is um unless we have experience like with with with similar situations with a in with a town at other times, this is kind
024of novel and uh we'll learn as we go. And so hopefully the two sides are cooperative. We are after all the same side but the two sides will be uh will be cooperative and as things come up we'll we'll tweak and we'll be reasonable that frankly should be the basis of all agreements very often is not but this is why we have 50 50page uh you know contracts because the parties you can't assume anything anymore but I'd like to assume that we're on the same page as the town and like I said as stuff comes up we'll we'll deal with it and this will be tweaked there'll be a whole new draft whatever and you have my phone number. You won't have my email anymore, but you'll have my phone number. >> Adrian, >> yeah.
025Um I I do want to thank you, Dean, for doing this. Um it is a very good document. It from what I read, it it um it seems to cover um a lot and and it's it's written um in a manner that protects our interests. Um uh a couple of things. Um, and if um, and the the one thing I'm worried about is that there might be um, like our [clears throat] school may need security uh, being a fence or something like that. And if the school system decides that well, even though it's not meant to be used during the day, it is used during the day and we need a fence or something like that. um would it be on the school system to to erect that fence or is there a way we
026could put um like some kind of a security carveout to say that the town would would um help us with that if there was a need um you know for some security measures. >> Um I'm going to defer to Sam on that one. >> Yeah. So there is a gate down there uh on the driveway going back behind the portable buildings that are behind the school. So, uh, probably might need some repair or even replacement, but, uh, it wouldn't be a of great expense anyways. Uh, we we just block off that driveway, um, and go, uh, across a driveway to a fence that's existing there. >> All right. >> I'm sorry. Go ahead. >> Be like a 20 foot cape, something like that. >> Yeah. But so for like if we felt like there was
027there's people down there a lot during the day and and it was just difficult to I'm just talking about strictly for security. Whoever does our security evaluations if they said we really should have a fence here to kind of separate off the area when the when there's children in the building. Um, is is there a means to, you know, kind of put take the financial um financial end of that off of the board of ed and and put it on the town? I mean, is that a reasonable concern? >> Uh, I think that's something that we would go back to the town and discuss it with the town and try to come up with agreement with the town if that happened. >> All right. Yeah. Yeah, I mean I'm sure on security um everybody will
028probably be on the same page. So, um so if everyone else feels comfortable with that, I'm fine with that. Um, and the, um, the other thing, um, you know, and I would see if any other board members have any concern about this, but since we're talking about an early childhood center at [clears throat] that location right now, and we will probably have some kind of um decision or or path forward in the next month or two, would it be worth um, tableabling this for like a month or two until we know what's going on with the early childhood center >> and >> I don't think so. I don't think this will interfere with the early childhood center. >> All right. >> So, my understanding is so far the field hasn't I don't think anyone's dreamt
029if you if you've seen the property. I mean, a lot of it's wet, frankly. Most of it's it's wooded and wet. Um that field back there I don't think is used except maybe perhaps incidentally. It's just I mean if you look at the property you wouldn't even think that that meadow back there is even part of the school property. It just happens to be part of the real estate has to be part of the parcel and there's a path to connect the two. So I don't it's just my guess that um Meadow just has never been contemplated for any use of the school at all. Potentially I suppose one could say if you wanted to rebuild a school you could go all the way back there and use that as a lot. I'm not sure
030it's a very good lot for that, but um you know the way we've swapped prop you know swapped space and with the other projects that's the only thing I could think of. >> Yeah, in the kind of it says that we can withdraw at any time. >> Yeah, that that's what I was going to say. It's a with that type of a pro project, it would require town support, so I'm sure that would just become part of that process. Um, so the the other thing I guess that kind of goes into that um is a the um swing set and and jungle gym or whatever we have for like the little kids recreation area. Um, assuming that the one that's existing is probably going to be difficult for a lot of children to use because
031of its location and and the um I guess we'll call it the wetness of it. um the fact that it's that it's just kind of down too close to the swamp. Do we have other space on the property >> for for that for kids to have, you know, outdoor space to play? >> Maybe this question for Sam. >> There there are actually two uh playscapes on that property. Uh one is closer to the um to the receiving area of the building. If you uh stay to the right uh in the driveway and go all the way up on the right, uh there's one down over the hill there. You can see it over the hill. And of course, the other one out in the in the field in the front of the building over toward
032the church. Um that is wet because um the beaver on the other side of the fence on the church uh property continued to build their dam and um the church hasn't allowed us to remove the beaver, >> the damnable beaver. And the smaller plays gate over by the early childhood wing is the one that they would probably like to use. >> Anything else, Adrian? >> Adrien, real quick, I I'll say that the we we had baseball practice there uh with T-ballers earlier this year and the field was fine in like I think it was either March, I mean May or June. So it wasn't the the the field was usable for for playing for kids and it wasn't wet up a till just past the um playcape. >> All right. So the the playscape on
033the left there as you're going in was dry. You're saying >> yes. >> All right. I thought that playscape was um was frequently wet. Um, so do we have enough space near where the smaller one is to the right as as you're driving in for a larger playscape area? I I apologize. I haven't been in the property in quite a while. >> Well, it would need some fixing and a fence to go around it. There's um a piece of fence that needs to be added and we have to take a closer look to see if there's repairs and things that we would need. >> All right. But would that area be large enough to support um you know, however many classrooms we're we're potentially looking at having there? >> Um yes, they probably wouldn't bring
034all of the kids out at once. They might take a couple classrooms at a time. >> But again, remember if anything happens and we going to use Mary Morrison as an early childhood center, we will go back and we can withdraw from thisou. >> That's right. So, we don't have, you know, let's let's cross that bridge when we get there because we can always withdraw if we need to. Any other questions? >> Oh, um, if we don't have a question, we can make a motion then. Yeah. Well, >> there should have been a motion first actually, but But yeah, is everyone okay? >> Um like to make a motion to accept the um memorandum of understanding between the board of ed and the town of Grten concerning the Mary Morrison property. >> I'll second that
035motion. I'll second that motion. >> Okay. Sean second it. You got my favor. All right. All those in f Ian. >> Oh well. Yeah. Yeah. I just wanted to make the amendment proposed amendment that we adjust the language such that uh there's a a a positive affirmation every 5 years instead of automatic renewal. >> Okay. You would like to have an amendment saying what again? that there would be a positive affirmation by both bodies every 5 years to continue theou as opposed to the automatic renewal. I'll second Whitney. All right. If I may ask, so so no renewal runs for five years and then no renewal unless a party or both parties signal that they want it renewed. How do you want me to rewrite it? >> Um I'm not >> right. Understood. I I
036guess it would be compel uh an agenda item for them to consider it. I guess Yeah. and it would it would expire if not renewed affirmatively by both parties, >> right? I mean, I can write that. >> That would be the intent. Yeah. If if we need actual language to vote on tonight, I guess I would I would I would ask that you could maybe throw something together because you got the legal mind. >> Well, >> um but >> yeah, I mean, I need I need a fivem minute recess, your honor. Uh do it on the floor like I've done in the past. Um, yeah. I mean, I'd be happy to reddraft language. >> Mike, your question. >> Yes. Thank you. Um, I I think the current uh agreement would be signed by um at
037least uh John Bert and the um the board of ed chair, maybe by superintendent and park and racks, too. Is that right? >> No, not superintendent. Okay. So, board of ed chair John >> chair, >> the board chair and the board secretary >> as a witness >> and then the board attorney. >> And then on their side, is it John Bert and Park and Rack? >> On their side is the town clerk, the town manager, and the town attorney. >> Okay. So, could is that something that could it be just ressigned um every five years? I mean that that might do it right. >> Well, I mean I have I'd have to rewrite this because >> that right now it automatically I can change that very easily that says that it it it does not
038renew unless one of the parties takes a positive step to say hey I'd like to renew and the other party agrees. The other party does not then there's no renewal. It's like a lease >> right? Who who's the board secretary? Is that the associate chair? That's Adrien. >> That's Adri Adrian >> at the moment. >> Yeah. >> So his thing was there would be a positive affirmation every five years by both parties. >> Yeah. I mean if I had like I said if I had a couple of minutes I could write out the language but that's that would be how it would function. You know the term expires. I mean I have to add more language. Actually I can't just you know cross out a couple words here. We want to make sure that whatever
039term you're in that expires unless the parties agree to renew. >> Dr. A, >> this is >> we're still in discussion, right? Um, so here's here's my take on it. >> All the key parties have agreed to this. We had a lawyer and expert write it. I say that if we start fussing around with this now, that opens the door for the town to start fussing around with it and we're not going to ever get this done in time. So I say we have all the experts and all the key players understanding it and agreeing to it and I say let's just move on it. >> All right. So, all those in favor of the amended motion that's >> well the amendment to the motion >> the amendment to the motion. >> Do you want
040me to say what the amendment to the motion was or does everybody understand what it is? Okay. So, all those in favor of the amendment, raise your hand if you're online and if you're here, >> raise your hand too. Okay. So, we have three people in favor of the amendment. Thank you. Oh, four. Four people in favor of the amendment. >> Is it three? >> I don't know. >> Sean, Mike, >> Mike is hands down. Adrian and Ian. Okay. All those opposed of the amendment, raise your hand. if you're online. Sean, which way are you going? Sean >> for the amendment. >> Okay. >> All right. So, three people for the amendment. >> Roy, a point of order. Roll call. Vote. >> Okay. I was just getting ready to do that, but Dr. A, >>
041don't say anything yet for me, please. >> No. No. No. I was No, no. I No. I was I was No. >> Okay. Yeah, >> she's a no. >> Okay. All right. The three people I have that are for the amendment are Sean, Adrian, and Ian. >> Is that correct? >> Uh, can we do the roll call? Be much easier, think. >> Okay. No. All right. Ian, how do you vote for the amendment? >> Yes. Okay. Sean, >> yes. Jen, >> no. >> Dean, >> abstain. >> Um, Adrian, >> yes. >> Mike, >> yes. >> Dr. A. >> No. Okay. And I'mma know because we had lawyers and everybody look at this. So I'm a no for that. It's just okay. And I don't see Jay on me. So okay, the amendment passes. >> There's
042four people for the amendment, three against it, and one abstained. So all those in favor of the memorandum with their amendment. Mike Sean, what do you Yeah, you still have your hand up. Sean, all those in favor of the amen the memorandum with the amendment. Mike, how do you vote? >> Yes. Ian. >> Yes. >> Adrien. >> Yes. >> Dr. A. >> No. >> I'm Sean. >> Yes. Jen, >> no. >> I'm a no. And Dean, >> I'll be a yes. >> Yes. Okay. Thank you very much. >> Okay. And I'll call for an adjournment >> motion to adjourn. >> Okay. It is 609 and we are adjourned. Thank you very much.