|
|
|
ConCom questions legality of Whitehall Purchase details ConCom Vice-Chair sends letter to CPC
Editor's Note: Jack Speranza, an attorney who is the Vice-Chair of the Conservation Commission and who is also the ConCom member serving on the CPC (Community Preservation Commission), has sent a letter to the CPC on behalf of the Conservation Commission and copied to interested parties, supporting the purchase of the Whitehall land, but questioning its legality. The letter follows:
Members of the CPC --
The Conservation Commission held a regularly scheduled meeting last night [September 18, 2006]. During the course of the evening, the current situation with the Whitehall purchase was discussed. As a Commission, we support the proposal to purchase the Whitehall property. As a Commission, we believe a compelling argument can be made to justify the expenditure of the most recent agreement to purchase this land for the $2.685 million price quoted in the press. As a Commission, however, we have serious concerns about whether the CPC can legally contribute the amount of funds recommended by the Committee following its April vote, and as approved at Town Meeting in May. File photo from Town Meeting.
As the Commission's representative on the CPC, I am a bit concerned by comments attributed in this morning's press --
"Doherty said it was inappropriate for the CPC to vote on the latest town appraisal because that panel has no jurisdiction over the OSPC [Open Space Preservation Commission]."
I agree with Mr. Doherty that the CPC has no jurisdiction over the OSPC. Given the fact, however, that $2.3 million of CPC funds will be used to fund this purchase ($1.8 million outright, the remainder being bonded), it is incumbent on the CPC to determine, as a committee, whether this level of funding runs counter to our obligations under state law.
The town is certainly free to pay more for the Whitehall land than the appraised market value. We have yet to be provided with any information, however, that supports the notion CPC may contribute funds towards the purchase that are in excess of the land's appraised value. As matters currently stand, the town has 3 appraisals, 2 of which value the land below the agreed upon sales price. The CPC has neither deliberated nor voted upon whether it is either legally or morally justifiable to essentially ignore the data contained in the prior two appraisals, and continue to recommend the appropriation of $2.3 million from CPC coffers to fund this purchase.
Again, based upon last evening's discussion and vote, the Conservation Commission supports the purchase of the Whitehall property. We cannot, however, endorse the current appropriation of CPC funds without further review, analysis and consideration of the concerns stated above.
Recommendations on the appropriate use of CPC funds lies with the CPC -- not with the OSPC, and not with any other elected or appointed body. As a committee, we may very well determine we are satisfied the most recent appraisal is sufficient to support our current funding commitment. Unless and until the CPC makes that determination as a body, however, the funding for this "deal" remains tenuous, at best.
I suggest we be prepared to discuss this matter at length during our next meeting, and request sufficient time be set aside on the agenda to allow for this.
Thank you.
Jack Speranza Vice-Chairman Hopkinton Conservation Commission |
|
The Hopkinton News TM online only at HopNews.com ©2006 HopNews.com All Rights Reserved. 508-435-5534
|
