FARMINGTON – Selectmen say they are ready to terminate the 99-year, $1 per year lease on a Front Street parking lot. The lease was signed 17 years ago with Farmington Construction Co.
By a vote of 4-0, with Selectman Jon Bubier abstaining, the board decided Tuesday to seek voter approval to terminate the lease by including it on the March town meeting warrant.
After a number of lengthy board discussions with the town lawyer and research on the lease, the board agreed to honor the initial request made by owner Greg Roux to terminate the lease, Board of Selectmen Chairman Stephan Bunker said.
Roux made his initial request about a year ago, but the board contended the 1993 lease was legal, although it was never ratified by voters. It was originally only approved by selectmen. Considering a potential purchase of the lot, the town lawyer advised holding a special town meeting to ratify the lease after the fact. The meeting was held in April, and voters chose not to ratify the lease.
The town is not in a position to spend $42,500 for its share of the 20-lot parking area, Bunker said. He said the town had expected the University of Maine at Farmington to share in the purchase and also pay $42,500.
Roux said he had not had any discussions with UMF.
In deciding to end the lease, the board considered a possible lengthy court battle, the fact that providing free overnight parking for local renters was a low priority for the town and that voters had failed to ratify the lease at a special town meeting held in April, Bunker said.
Selectman Bubier said he had not been involved in any of the discussions or decisions since he owns property abutting the parking area.
Roux said he was concerned that without the board declaring the lease not valid some voters at town meeting might question giving up the lease.
“It’s a gray area,” Roux said as to the wording of the lease and whether it had to be ratified by voters to be valid.
His lawyer, Margot Joly, questioned the board’s ability to enter into contracts but not to terminate them without voter approval. The validity issue may have to be determined by a Superior Court judge, she said.
The loss of the lot “has a significant impact on all parking in downtown Farmington,” Paul Mills said as he questioned the board’s turn-around.
The board has agreed that “the town should step back and surrender our interest” in the lot, Bunker said.
Comments are no longer available on this story