Heniger Park Committee Meeting
Minutes 04/08/14
7:00pm
Otisfield Community Hall
1. CALL TO ORDER: The meeting was called to order at 7:01 PM.
2. PRESENT: Hal Ferguson, Rick Micklon, Lenny Adler, Anne Pastore, Judy Hall, Craig Turner, Karen Turino, Secretary – Tanya Taft (Absent Marianne Izzo-Morin & Kyle Jordan)
3. FLAG SALUTE:
Audience and Committee members saluted the flag.
4. SECRETARY’S REPORT:
A. Heniger Park Reassessment Committee Workshop Minutes from March 20, 2014
*Approved April 2, 2014@ BOS Mtg. TT Posted Minutes on web.
NOTE: All minutes will be read and approved at the following BOS mtg.
5. NEW BUSINESS:
Action item completed: HF set up a conference call with Dwyer/Real Estate Appraiser – Consultant after last mtg. as discussed: Daniel Dwyer said he used actual values rather than assessed values. His information was based on real time but BOS need to consider the market is going back up. In his research he tries to have definitive numbers and exact details. This is a unique case because it would make sense that we wouldn’t use what was used in the past, because the market is going up not down. Mr. Dwyer only operates on exact data. He talked about the capitalization percentage and thinks that is sound judgment to use that. He had never done a parcel like this before. A mtg. with Town Attorney, Geoffrey Hole was set up and the BOS talked with him last Friday. Municipal Law and Real Estate Law were both
discussed at that meeting. Assessed value is what was agreed to use. Attorney recommends we terminate the lease/ let them expire and then write up a new one so that it is a new lease not a renewal. HF: Geoffrey Hole has checked with MMA and they agree with his “analysis of the question and that the unequal treatment argument is a political not legal argument”
PUBLIC: Are all the leases going to be written the same way?
BOARD: Legal team is going to write the lease, but it is too premature to answer that. They believe they will be cookie cutter leases with the intent of having them renewed under the same conditions. We also talked about an incentive to lease early possibly by granting ninety-nine year leases.
PUBLIC: This is the first time hearing of 99 year leases; we thought this was illegal, is it?
BOARD: This is the first time the committee is hearing this as well and something we are going to discuss this evening.
BOARD: They brought the long lease up because it might satisfy both parties and it will help prevent the future BOS’s and residents the hassle of going through this again. If we extend the lease duration, it will make it easier to get bank loans. RM: Attorney also believes a sign should be put in place to define Heniger Park Area. HF: In light of latest information from Dwyer Associates, MMA, and the Town Attorney, we should revisit, fine tune or accept as is what we have discussed in the past.
LA: would like to keep things as we had them the first time. JH: if you use the assessed values that were on the draft, you can get close. HF: flexibility of using 2.2% and would like to use that. I have worked the numbers for lot 20 and 20b using the assessed value and a capitalization rate of 2.2% and they would be; Lot 20 $5,739.91 and Lot 20B $1,523.61.
*Motion that the front lots be charged a lease rate of two times the adjusted land value and back lots four times. LA/ - *Motion voted down.
Discussion: RM would like to use that combination of real estate value of 2.2% and assessed value. Land capitalization rate should be considered. LA: We have 3 legal opinions saying that we can do this. Craig: We got what we asked for. KT: This Board wanted to come up with something that was fair for town people and Heniger Park. The more we can base our rationale on something the better off we are. We want a figure that assesses it with other waterfront properties. It’s hard to defend an arbitrary figure which is what she believes the 2.2% is. CT: We can tell the people at the informational meeting. There is a difference between front lots and back lots. AP: I can see both sides and thinks the 2 and 4 are fair and based on assessed values what’s best for the town. We are here for the Town people.
*Motion we assume the Town Assessor calculated in beach rights to the back lots, I would move that we use the assessed value on beach rights with a land capitalization value of 2.2% for back and front lots.
If back lots do not have beach access included in the assessed value, then it will be changed to do so and we will use that formula. RM/AP - Unanimous.
*Motion that Lease fees remain consistent with other town properties at the same percentage. Lease fee increases be adjusted based upon any changes in the assessed value or mil rate at the same percentage of increase. HF/ LA – Unanimous
BOARD: Asks the public to tell the Board what they are thinking.
PUBLIC: It seems like a lot of money will need to be paid in ten years, but may pan out in the long run.
PUBLIC: Just a shock of possibly doubling our assessment for a lot. But the potential of making the lease longer helps it seem better.
*Motion that we offer those that terminate their lease in writing between January 1, 2015 and June 30, 2015 a 99 year lease to expire on the 99th anniversary of July. Those that terminate their lease with an effective date of June 30, 2015 will be offered the new lease for ninety-nine years at the new lease rate. LA/HF - Unanimous.
*Motion that if the lease holders who do not sign up or accept July 1, 2015 deadline, their leases will expire June 30, 2040. HF/RM – Unanimous.
DISCUSSION: KT: recommends we present what is currently happening now at Informational Mtg. so that everyone knows what is paid currently and what is being proposed. HF: David Hyer will be asked to put power point together. Proposed leases will be put together by Geoffrey Hole. It will be public record after BOS mtg. HF: Would like to see lot 1 b and 2 b combined. One person now leases it; they can use that lot and assess them together. Unusable lot may still have an assessed value.
Action Item - HF: update the Heniger Park Points (Draft) Paper to reflect this evenings changes for presentation at the May 15, 2014 Information Hearing.
6. UPCOMING DATES:
A. Informational Meeting: May 15th @ 7:00 PM – Community Hall.
7. ADJOURNMENT: *Motion to adjourn @ 8:35 PM.
ACTION ITEMS:
BOS will ask David Hyer about putting together a Power Point Presentation. RM: suggests board gets Power Point in advance to mtg. Board will arrive at 6:30 PM.
Respectfully submitted,
Tanya Taft
Approved by: Hal Ferguson, Rick Micklon & Lenny Adler
Approved on: April 16, 2014 @ BOS Mtg.
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