At the April 9, 2007 Middleboro Board of Selectmen's Meeting, Town Manager Jack Healey presented a lengthy list of properties the Town should auction to balance its budget. Although the recorded Meeting Minutes speak for themselves, it should be noted that Mr. Healey indicated none of the parcels were Conservation Commission parcels, when in fact, 5 parcels had been voted by Town Meeting in 2001 to the ConCom.
A Town resident spoke up and prevented those parcels from being sold.
The Middleboro Conservation Commission maintains a list of parcels over which it has charge, yet Mr. Healey claimed otherwise.
The Town Planner had prepared a Memo that was forwarded to the Board of Selectmen that itemized parcels that the Town might want to re-consider selling. In her memo, she called attention to the interest that had been expressed in the Precinct Street property, both by casino investors and for future commercial development, as well as other issues.
Town Manager Jack Healey successfully auctioned the only bargaining chip the Town of Middleboro owned for ~ $14,000 per acre to casino investors.
As a side note, the Rock School parcel on Miller Street that was referred to was a school that constructed on land donated with the stipulation that the property was to be used educational purposes or revert to the family/heirs. At the time of the Annual Town Meeting, that issue had not been referred to Town Counsel for a determination.
Selectmen's Meeting Minutes and links below (emphasis mine):
SELECTMEN’S MEETING
APRIL 9, 2007
TOWN MANAGER’S REPORT
Auction Sale of Town-Owned Property
Mr. Healey provided the Board with a list of Town owned parcels that could, and should, be offered for sale.
Mr. Healey said not all parcels will be sold as many are “landlocked”. An effort will be made to notify abutters of the auction. He said, although some parcels could bring in significant cash, it won’t repair the structural deficit.
Mr. Healey also asked the Board to open the Special Town Meeting Warrant to add an article to authorize the sale of the 1.3 acre parcel on Water Street shown on Map 58H, Lot 2386, and the Rock School parcel on Miller Street, shown on Map 087 Lot 923.
Upon motion by Selectman Bond and seconded by Selectman Perkins, the Board
VOTED: To open the Special Town Meeting Warrant and add the two (2) above- referenced parcels.
Unanimous Vote.
Upon motion by Selectman Perkins and seconded by Selectman Spataro, the Board
VOTED: To close the Warrant.
Unanimous Vote.
Jane Lopes asked for the projection based on actual Local Receipts.
Mr. Healey said he anticipated difficulty reaching the estimated Receipts, noting that development sensitive revenues are down.
Ms. Lopes asked how much of a shortfall was expected.
Mr. Healey said he won’t know until the excise tax revenue is out within the next month.
Upon motion by Selectman Perkins and seconded b Selectman Bond, the Board
VOTED: To authorize the Town Manager and Treasurer/Collector, to auction the properties as listed in the Town Manager’s Report dated April 5, 2007.
Unanimous Vote.
Ms. Lopes asked if the list had been “shopped around” to Boards to determine if the land is valuable for open space.
Mr. Healey said none of the parcels are ConCom properties. He said it was not reviewed for open space. The land will be sold to get it back on the tax rolls.
If the minimum bid is not offered, the Town will keep the land. LINK
APRIL 17, 2007
Auction – Town-Owned Land
Selectman Bond said he had received a series of questions over the weekend related to the proposed auction of town-owned land. He said the issue, besides the timing of selling in a “soft market”, is that four of the parcels are ConCom properties. There was also a letter from the Town Planner advising of putting restrictions on the parcels before selling.
Mr. Healey said there are five (5) parcels that were transferred by a Town Meeting vote in 2001 to the ConCom. He said there is no record regarding this. He called the Conservation Office and spoke to Phyllis who advised that there is not a “list” of all parcels under the ConCom.
Mr. Healey said those parcels are valued at $490,500 each. An opening bid has been set for $1.5 million. He said this property should go back on the tax roles. He said most of the frontage is wet, and said there is a considerable question as to how much of the property is buildable. LINK
4 comments:
This comment from the minutes gives me a uneasy feeling.
"Mr. Healey said the Town Planner is unaware that Town Counsel has advised the Board in the past that restrictions placed on parcels are only good to the person you sell to. That person can sell, or form an LLC or Trust, and it would wipe out the restriction."
Does thi sapply to the Gibbs property?
In order not to present too much confusing information, the Town Planner's Memo was not posted.
Although the issue is rather complex, the Town Planner explained, regarding the land auction, that when an abutting parcel was developed, negotiations took place with the developer to preserve an historical trail and that restriction was included in the subdivision agreement.
The land that was being auctioned was suitable for residential development, which the BOS had previously voted NOT to do.
There were also other parcels on the auction list that Mr. Healey failed to address. He indicates that HE received the Memo, but did the BOS? They claimed they didn't, but it was addressed to them.
That comment ONLY pertains to land that was being sold by the Town.
It does not pertain to land that is purchased by the Town and voted at Town Meeting to have the appropriate restrictions. The Town Planner very clearly explained the cumbersome mechanism required to remove ANY parcel with that type of restriction. Without reviewing the video, I seem to recall it required: Town Meeting vote, legislative approval, Governor's approval, and approval by a cabinet level department. It is not something easily or simply accomplished.
I think the Treasurer can sell land that was taken for taxes without anyone's approval as a matter of routine. Judy lives in town and does her best to work in the best interests of the town. This seems more fuzzy math since the money was needed to cover Jack's deficit.
Jack's gone and we have a balanced budget this year. What does that mean? Can anyone explain what's going on?
Jack's "sophisticated" wheeling and dealing likely cost the town in excess of $10M per year.
The casino land was sold with full knowledge that the tribe was interested. As if that blunder wasn't enough, the Healey casino agreement set the bar so low that Adam wasn't able to improve it by very much.
Healey really blew the casino deal.
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