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Selectmen to seek legal counsel before accepting Fales property donation
Summary
At its Nov. 14 meeting, the Cushing Board of Selectmen agreed to consult the town attorney after a Maine Municipal Association opinion flagged tax and public-purpose considerations tied to an offered donation of the Fales property; donors plan to close on Nov. 16 and to fundraise for upkeep.
The Cushing Board of Selectmen agreed Nov. 14 to seek legal counsel before accepting a proposed donation of the Fales property, after a letter from the Maine Municipal Association raised legal and tax questions.
Carole Leporati and Frank Muddle told the board the family closing on the property is scheduled for Nov. 16 and that they plan to donate the waterfront field to the town and begin fundraising to offset the costs of the gift. Selectman Daniel Staples read the MMA letter, which said any vote to accept a donation must take into account the donor's exact terms and conditions and that there are various tax implications and public-purpose considerations that need to be worked through.
"I feel very uncomfortable with the town handling the donations, reimbursing the buyer, etc.," Selectman Daniel Staples said, adding he preferred following MMA's advice and obtaining legal guidance. The board agreed that Staples would contact the town attorney for input and that the donors should provide exact written terms for the proposed gift.
Selectman Laurie Haynes asked Carole Leporati and Frank Muddle to provide the terms in writing so the board can make sure the process is done correctly. The minutes state that Kristin Collins is expected to attend the next meeting, when the topic will be revisited.
No formal vote on accepting the property was taken on Nov. 14. The board recorded that it will seek the attorney's advice before any acceptance or town action related to the donation.
The town clerk recorded the meeting minutes; the next steps are for the donors to submit written terms and for the town attorney to advise the board on legal and tax implications before any formal action.
