Heniger Park Committee Meeting
Minutes 11/21/13
7:00pm
Otisfield Town Office Annex
The meeting was called to order at 7:00 PM.
PRESENT: Hal Ferguson, Rick Micklon, Lenny Adler, Anne Pastore, Judy Hall, Craig Turner, Kyle Jordan, Karen Turino,
Secretary – Tanya Taft
HF has spoken to Town Attorney Geoffrey Hole about details in the lease and sent a copy of prior meeting minutes to him for review. G.Hole will get a real estate attorney involved when the time is right. An escalator clause could be considered according to Mr Hole.
(An escalator clause is a clause in a lease or contract that guarantees a change in the agreement price once a particular factor beyond control of either party)
BOS asked CEO to attend tonight’s meeting, but he had prior engagement. An email on what he would like to see discussed at tonight’s meeting was read out loud. (Submitted into public record)
Tonight’s meeting included questions and answers between the committee and the public in attendance.
Environmental Concerns Discussion:
PUBLIC: The road is eroding into the lake, and it washes out 2 or 3 times a year. Sand goes downhill directly into lake. Typically in the same area, but sometimes it leaves a silt factor 100‘ out from the shoreline. Fertilizer on lawn is being washed into the lake. Ditches have not been maintained. Half of one back yard is not usable, because it is completely mud. Lot 17 & 13 cannot handle a bad storm. Mr. Bean was asked to take a look at road conditions. PUBLIC: A letter from Peter Harrison, lot 4 B, was sent to HP residents. Mr. Harrison would have attended tonight’s meeting, but it’s a 5 hour drive one way, so he asked that his letter be read at tonight’s mtg. (submitted into public record). Letter discusses his displeasure about a Sun Journal article. HF: I stand behind the words I was quoted to have said, but some other statements are not accurate. LA: A tax is paid on the value of the lease not on the land. PUBLIC: Misinformation needs to be fixed if town people are paying.
They don’t want to see animosity based on erroneous information. HF: Based on the lease value it is approximately 400 – 4,000.00. I have since tried to correct the mistakes and provided these comments to the Sun Journal. PUBLIC: Requesting resolution be clear on whether it is a lease fee or tax fee. HPRC: The fee that you pay on the $30,000 lease interest is a tax. A taxable piece of property based on the value of the lease. PUBLIC: Will the new lease be the same? HPRC: As far as taxable? The lawyer would need to answer that. All BOS are doing is making a recommendation to the towns people. RM: We really felt as BOS that the town’s people would be less likely to override what the Towns people want, that’s why we formed this committee. More people involved w/ you would allow this committee to have a better handle on it.
LA: As the lease comes up for review each lot will be looked at for certain criteria. Some will be compliant and some will not. This will end up being a lease by lease scenario. PUBLIC: Can we use our own septic person? HPRC: All agree they can hire their own septic engineer. This committee wants consistency in the test, not the tester. Set backs are not necessary unless you are doing an addition and if that happens you would need a permit from CEO because set-backs have and may change over the years.
HPRC: A checklist will be used at the beginning of each renewal. We will have the same check list for everyone. We shouldn’t tie it to 2015. Start it from every time the leases show up. We are not sure what the criteria is as of yet, and we won’t know until the first lease comes up. I don’t see the environmental side being a huge issue, not that many septic systems and not a lot of water usage. The town has some responsibility to make sure that the roads are kept up to par and stop the erosion. Oldest road for Heniger Park is a seasonal road. Permanent residents on each side of the road so it does need to be plowed in the winter months. Heniger park road was originally taken care of w/ lease money from Heniger Park. The rental money did not pay for the road maintenance. Since we received tax money
for it, it was determined to be a town road. RM: Grant funds may be available the Crooked River Watershed is currently doing that right now. Perhaps we can ask Peter Barber for his input on available grant money. HF: Next meeting we will discuss how and what we are going to present for Public Hearing and then present it to Town Lawyer. LA: The Town requires a septic test whenever a transfer of Shoreland zoning property takes place. HF: how do you go about selling a lease? Public: Some have used their home equity line or have taken out a 2nd mortgage. HF: Everyone wanted to have the lease extended. The committee is trying to work with the Heniger Park resident desires; however their commitment is to serve the towns’ people. RM: A fact sheet should be made. I would like to see a factual bullet sheet that this committee has conclusions on. Terms should be included, because there is some confusion. It can be posted on
the Town web site. This committee is suggested to renew again in 2040. Renewals, fees, durations, environmental, lease language, have all been covered. Fact sheet can be part of public hearing. All agree a couple more meetings are needed before having a public hearing. No sense in going to attorney until we know what town people want. A public hearing will be held in March, that leaves at least 2 or 3 months before Town mtg. Public input is necessary.
PUBLIC: Concerned that you’re doubling the land value. HF: Since the town owns that land, why would they rent it out and not make money? Today the town is losing almost 50 k per year in taxes compared to what the actual assessed value would be.
PUBLIC: Heniger Park residents feel they take nothing from the town, and have only had a couple of fires. We don’t mind paying. The issue is that it is double or quadruple a year. Eight hundred a year to three or Four thousand is a lot of money. HF: All lots are leased. They are assessed at slightly different values based on the size. The town should get a return on their investment. If you wanted to rent a place on that lake for a month during the summer it would cost you more than $4,000. PUBLIC: This has nothing to do w/ renting. Do you think Mr. Heniger would want you to double the lease? HPRC: Mr. Heniger wrote this is to be used in the best interest of the town’s people. So it’s hard to know.
Next meeting date: 01/16/14 at 7:00
Meeting adjourned: 8:37
Tanya Taft, Secretary
Approved on December 4, 2013 BOS Mtg.
TAFT 12.05.13
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