2016.10.24 Council Agenda Item 15
Summary
Order to approve the sale of approximately 3,065 square feet of property located at 22 Mill Road, such sale to occur based on the authority granted to the Town Council in Section 204.12 of the Town Charter and Section 16-43 of the Code of Ordinances; to waive competitive bidding, in accordance with Section 16-43 of the Code of Ordinances, based on unusual circumstances that the size of the property is too small to develop and the only likely purchaser is the abutting property owner at 22 Mill Road; and to authorize the Town Manager to execute and deliver a Municipal Quitclaim Deed substantially consistent with the terms of this order and materials presented at this meeting on behalf of the Town of Falmouth, and to execute and deliver such other documents as may be reasonably necessary to accomplish the transfer of the property.
A public comment period will be included with this item (3 minutes).
ACTION: Council action is anticipated.
Description
Tim Higgins, owner of property located at 22 Mill Road, has requested the Town Council authorize the transfer and sale of approximately 3,065 square feet from property owned by the Town at 20 Mill Road. The Town owned property includes a maintenance and storage building for Parks and Community Programs located on approximately 75,000 square feet of land. Mr. Higgins would like to purchase the land from the town to build a detached garage next to a newer home located on 22 Mill Road. He proposed the following terms in exchange for the land:
- $6,300 in cash and a survey valued at $1,200 for a total value of $7,500
- Construction of a trail head to a proposed trail system and small park on the portion of Town land located downslope of the Town’s storage building and near the Piscataqua River. The proposed park and trail system was designed by the former Route 100 Vision Committee and has not been constructed.
Section 204.12 of the Town Charter states that the sale of any real estate shall require a competitive bid process unless an alternative is provided via ordinance. Section 16-43 of the Code of Ordinances also requires a competitive bidding process unless the Town Council specifically, by order, waives competitive bidding and sets forth unusual circumstances justifying such waiver. If the Town Council agrees that the sale of a small sized parcel to an abutter, is reason to waive the competitive bidding, then an order to sell this property must include language specifying such waiver authority.
Staff have reviewed the proposed request and have determined that the location of the property proposed by Mr. Higgins is unlikely to serve any public purpose other than general open space, land associated with a park, or trail head. The proposed park design submitted by the former Route 100 Vision Committee included a trail head on the property proposed to be sold. Mr. Higgins has offered to construct the trail head in an alternative location per the attached proposal. If the Town Council decided to sell the property to Mr. Higgins, staff proposes that he first submit a design of the trail head. The original location accesses the property at the bottom of a steep slope. The proposed trail head location would require direct access through the steep slope. This is why staff would recommend a specific and detailed design of the trail head prior to the sale of the property.
The attached materials include a map and boundary survey of the property, and appraisal of the market value of the proposed purchase, and a request letter.
