NEWPORT — The Selectboard, armed with an opinion from its attorney, may challenge the legality of a petition article that was overwhelmingly approved by voters at Town Meeting, which gives the school district a 99-year lease for $1 on the bus barn at the town garage, the board chairman said.

Selectboard Chairman Barry Connell, chosen by the board at Monday’s meeting to replace Jeff Kessler, said voters made it clear at Town Meeting last week that they want the school district to continue to house buses in the barn by approving the article 701-140. But Connell said the terms of the lease are what the board may challenge.

“What we do take issue with are the terms of that process that may not be legal. May not even be enforceable,” Connell said. “That is what we are trying to look into. To say we are going to give you a lease for 99 years is rather draconian. Are we going to give value away as a gift to the school district? My answer is no.”

Before the deliberative session in early April, the board received an opinion from the town’s counsel that the petition article was “likely unenforceable,” Town Manager Hunter Rieseberg said Tuesday. That information was not shared with the public at the meeting.

Connell said he understands that voters want the School Board to have the buses in the barn, but it is within the town’s authority to manage the property.

“Is it appropriate for the legislative body (voters) to regulate the fact it is a 99-year lease for the value of one dollar?” he said.

Connell, the only board member to address the legality of the article, did hold out hope that the two sides could reach a compromise when they meet at the next School Board meeting on June 8.

“I do think we can come to some understanding on how we can take care of this as a community,” Connell said. “We need to have a discussion on a 99-year lease for a dollar.”

Resident Bert Spaulding Sr., who sits on the School Board, crafted the article in the wake of the town’s decision to evict the school district from the bus barn as of June 30 after the board voted late last year to stop paying rent of $5,800 a year.

The board instead said it would use the money to make repairs to the bus barn, which has no heat and a dirt floor, and bring it up to code.

In response to Connell’s comments, Spaulding also said he could see some sort of an agreement going forward to satisfy both sides but also said the Selectboard created the problem by issuing an eviction notice, leaving the district with no options. The school district has housed buses at the barn for decades.

“You put us up against a wall,” Spaulding said, explaining why he wrote the article for Town Meeting. “You created your own dilemma. It is not up to us to solve it.”

The town proposed giving the school district $25,000 to construct a pole barn for the buses, which Spaulding called “woefully inadequate.”

The school district and town have argued over the issue for months, with both sides accusing the other of failing to communicate or work toward a compromise.

“Communication should have taken place,” Connell said, adding that he did not want to assign blame. “It is very evident mistakes were made.”

The School Board took no action on the pole barn when it met after the Town Meeting vote. Board Chairman Steve Morris said the board discussed it but with the overwhelming approval of the petition article, it was clear voters wanted the district to keep using the existing garage.

Resident Ed Karr wondered why the Selectboard is even considering trying to change a vote of Town Meeting. Karr said the Selectboard had its opportunity to argue against the article.

“It is a done deal,” Karr said. “The meeting adjourned, and it is over.”

Patrick O’Grady can be reached at pogclmt@gmail.com.

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