HomeMy Public PortalAboutRE_ 3rd draft of Town Notice
Renee Basel
From:Susan Schoettle-Gumm <spgumm@mailmt.com>
Sent:Tuesday, November 9, 2010 7:44 PM
To:'Danny Brannon'
Cc:Bill Thrasher; 'Habib Isaac'; 'rwganger'; 'Lee Evett'
Subject:RE: 3rd draft of Town Notice
Danny – I forgot to specifically answer your earlier question about changes to the assessments after the property owner
vote. Legally, no commission can bind a future commission on any actions on this type of issue. So, if the Town borrows
money and needs to increase the assessments in the future to cover the debt service, the Commission not only can
increase the rates but will be required to. However, if this commission makes a political commitment regarding the
project and/or the assessment rates, it is very difficult to change later. If the ballot language includes the assessment rate
or is phrased as a vote on the assessments (rather than a vote on the project), then a property owner could believe and
argue that there was firm, legal commitment by the Commission. (I would avoid including language on the assessments
on the ballot but focus the vote on the project itself.)
If the property owners vote to move forward with the project, then the estimated assessment rates that are published now
(based on current project estimate and hopefully including financing costs) are realistically the maximum that the Town
will be able to impose without major public outcry. No matter how much information is provided that the costs might go
up, that an estimate doesn’t include a particular cost that needs to be added later, etc., etc., it is always extremely difficult
politically to ever increase an assessment rate for the same project. It can be done, it is just not very pretty. I hope this is
helpful. I plan to be available by phone at 9am on Wed. morning to participate in the project discussion. Look forward to
talking with you then. Thanks, Susan
Susan Schoettle, PLLC
Phone 941-377-4948 Cell phone 941-320-3054 Fax 941-371-8317 E-mail spgumm@mailmt.com
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