tfa was granted permission to post the following letter, as it was not read in its entirety, at the: TOF 8.6.2018 Council Meeting
From: the.fromberg.advocacy.com, P.O. Box 27, Fromberg, MT 59029-0027
By mail to: the.fromberg.advocacy.com, P.O. Box 27, Fromberg, MT 59029-0027
July 26, 2018
Town of Fromberg, P.O. Box 236, Fromberg, MT 59029-0029
Town of Fromberg:
We are in receipt of your letter dated July 9, 2018, a copy of which is attached hereto.
Firstly, Town Hall should have an entire folder, in reverse chronological date order, of all the documentation we requested; in addition to several other documents pertinent to the property closing of what is commonly known as the “Barley Field” and formerly owned by the Town of Fromberg. That entire file should be easily dismantled, copied and restored to its original condition very quickly. We are paying the said amount of $32.62 under protest, due to the fact that the charges Hope Freeman (Town of Fromberg Attorney) presented were not thoroughly documented. We received 71 copies @ .10 per copy, total: $7.10 plus $3.52 postage (per included copy) total: $10.62. Page 2 of Freeman’s letter’s total of $32.62, minus above defined $10.62 equals a $22 difference. A substantial amount considering the Town Clerk’s hourly wage and the minimal amount of time it should have taken to comply with our request. Additionally, no estimate of agency charges was given.
- Per http://montanafoi.org/ :Public Records View FAQ section:
2-6-1006 MCA permits an agency to charge for its costs in “gathering” and “copying” requested documents. The agency must give the requestor an estimate of the agency charges. In a 1996 memo to state agencies, Gov. Mark Racicot suggested a charge of .10 per copy as a “reasonable” charge. In no event, however can the costs exceed the actual costs incident to fulfilling the request. (§2-6-1006(3))
- The National Freedom of Information Coalition offers a “Montana Sample FOIA Request” (a copy of which is attached hereto states): “…However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of ___________ “[Here, you can identify yourself as a representative of the news media if applicable and state that your request is related to news gathering purposes.] This information is not being sought for commercial purposes.”
Therefore, from this time forward, the.fromberg.advocacy.com specifically requests a waiver of all fees, in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of Town of Fromberg government.
- We identify as a news media organization ie: http://the-fromberg-advocacy.com/ and our requests are related to news gathering purposes. fromberg.advocacy digitally publishes all Town of Fromberg Meetings Notices online, as well as providing online video links for Town of Fromberg Council Meetings for those constituents unable to attend in person. Said information is not being sought for commercial purposes.
Further specific comments regarding your previously referenced letter follow:
- “Closing Statements” The “SELLERS CLOSING STATEMENT” begs the question: How were closing costs attributed? ie: Were closing costs, common to both parties, split equitably? ie: 50%-50%? Or were all closing costs in common borne by the Town of Fromberg alone? According to the enclosed detailed diagram made from the “SELLERS CLOSING STATEMENT” it appears the Town of Fromberg paid for the entire Closing Fee, a Donly Crowley , P. C. Attorney Fee which we presume was for Warranty Deed preparation and a Miscellaneous Fee paid to Bartell Ditch Company to the tune of $350.00. Prudent negotiation could have mandated closing costs, common to both parties, be split equitably ie: 50%-50%; for a savings of $175.00 . More stringent negotiation could have mandated the Buyers pay ALL closing costs, common to both parties,; thereby saving $350.00.
Your next sentence reads: “These are the only closing document that the Town has in its files.” We presume Carbon County Abstract & Title Company provided the Town of Fromberg, as a part of their $250 Closing Fee, a significant amount of documents with regard to the sale of the “Barley Field”. Any and all such documentation should reside at Town Hall.
- 4. Title Insurance Policies. Your letter states: “The Town does not have these documents in its files.” The enclosed detailed diagram made from the “SELLERS CLOSING STATEMENT” indicates under “TITLE CHARGES” an “Owner’s Premium for $52.257.00 Carbon County Abstract & tile Company 300.) Title Owner’s Premium” in the amount of $361.50. The resulting paperwork of an expense of that magnitude certainly needs to be available at Town Hall as a part of what is commonly known as the “Barley Field” Sale file. A Title Insurance Policy is an integral part of any real estate sale.
Realty Transfer Certificate. Your letter states: “See copy of same in the attached documents.” After duly searching all the documents you provided, we find no Realty Transfer Certificate.
- Carbon County Paper of Record Proof of Advertising. Your letter states: “The Town previously provided the only documentation related to the proof of advertising. I am again sending you a copy.” Said sheet does not ensure that said advertising was indeed published by the Carbon County News, for how many insertions, and at what cost. The advertising cost for this property was expensive. Historically, a “clipping of proof” would be placed in the reverse chronological date “Barley Field” file each week the advertisement ran in the Carbon County News. Alternately some sort of financial accounting from the Carbon County News should reside in the “Barley Field” file.
- DNC Water Right Transfers. Your letter states: “The Town does not have this information in its files. Again, I refer you to the County Clerk’s office for this information”. According to the enclosed detailed diagram made from the “SELLERS CLOSING STATEMENT” it appears the Town of Fromberg paid a $25 Miscellaneous Fee to Bartell Ditch Company at the time closing. The Town of Fromberg therefore, is fiscally responsible for proof of any such paperwork. The Town could be considered negligent for not having this particular documentation in its possession. DNC Water Right Transfers are an integral part of any real estate sale which also transfers water rights.
CMA’s (comparative market analysis) This item was not specifically discussed in your above referenced letter, but Jacqueline Taylor’s CMA was included. Her front page states: “Researched and prepared by Jacqueline Tylor, Prepared exclusively for Rich Anderson.” Who authorized said CMA? Who ordered said CMA? Was a fee paid for this CMA? Were any other agencies contacted to perform a CMA? Why wasn’t a Fee Appraiser contacted to perform a CMA? A Fee Appraiser might have charged approximately $300, however knowing the “Barley Field’s true market value could have provided more revenue for the Town of Fromberg.
We note there are no comparable sales for similar properties in any towns in Carbon County. Towns historically offer more amenities. Such as close proximity to water lines (one runs right in front of the “Barley Field” Property), ease in connecting to electrical lines, fiber-optic lines, and convenient garbage services to name just a few. In Carbon County’s entirety, there must have been some better comp sales available. With all the “Barley Field’s” previously described amenities in place, it surely should have garnered a higher selling price.
Several of the comparative properties listed in Jacqueline Taylor’s CMA did not even give their actual acreage. How can an accurate analysis be given without these crucial facts? It appears this was an “apple to oranges” comparison. We believe the “Barley Field’s” true value was underestimated. The net loser of such a choice was the Town of Fromberg
Sincerely,
the.fromberg.advocacy.com
cc: Peter Michael Meloy
Photographic documentation provided below:
Referenced Letter : https://docs.google.com/document/d/e/2PACX-1vSFHXy6qlkUIDAayJWSEj1FMSnhUtyt2_J-oCuLMA69pbQnHcu6ggb3SIoLDzjl1kO-Zm5eTSIlrDqc/pub