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NO SALE!

A letter of intent has been submitted. The intent of what? The verbiage in the YMCA’s submitted letter of intent is very misleading. The city attorney, Dan Draper, warned the city council about the wording of the letter, to not lock itself or commit to something not intended. Mike Kramp, the “Y’s” director, spoke on behalf of the YMCA. The letter of intent is supposedly to get the city to consent to negotiate the purchase of part of the Hillmoor property.

The Hillmoor Ad Hoc committee had its first meeting with the YMCA, which didn’t go all that well. The YMCA claims it would like to be able to provide accurate numbers to the city. To do that the “Y” wants the city to sign the letter of intent. Kramp reassured the city council that the letter is non-binding and is only a tool for both parties to perform due diligence about the future potential sale of the property to the YMCA to build a new facility. The YMCA is a 501(c)3 non-profit organization, not a business, even though it functions very much as a business.

Members of the YMCA board spoke of the innate goodness of the Y and its mission. They claimed that is not about the money, it’s not about getting one over on the city, that it’s about helping the city with the “Y” improving the quality of life in the city and making a difference for the good of it. Some Hillmoor ad hoc committee members spoke about the Hillmoor property along with submitting a letter recommending that absolutely no sale of any of the recently purchased Hillmoor property be sold. According to the committee, “The property is owned by the people. the taxpayers. and the plan for the property needs to be done with the people’s support.” The city attorney was uncomfortable with some of the verbiage in the intent letter. While letters of intent are generally non-binding there appears to be some language in the letter that gives the attorney some concern. Some of the same language used in the letter has been used in other states and that language has come back to haunt them.

Dan Draper does not want to see this happen to Lake Geneva and would like to see some of the verbiage removed or changed. The city attorney was heard and then given instructions to meet with the YMCA and remove or change some of the language in the letter and come back in March with a final letter. At that time the Ad Hoc will have its final report and the council will have all the information needed to hopefully make an educated decision. The single worst part of the potential YMCA fiasco has little to do with the actual purchase. It’s the precedent of the purchase, even if the purchase does not go through. In accepting, signing, and voting on the letter of intent, the city would be tacitly agreeing to sell a part of Hillmoor.  That precedent, even if a ‘sale’ did not go through, would set a legal precedent that may well be protected by the U.S. Constitution if allowed. Essentially, that part of the Constitution means that everyone must be given fair and equal treatment.  The sale of all of Hillmoor would be opened up and the city leadership could use the constitutional ruling as the reason why it simply had to sell it all off.

Also, if sold, then there could be no restrictions on the people or entities purchasing the property about their immediately selling whatever they bought to someone else.  If the YMCA wants to buy part of Hillmoor then why hasn’t that organization submitted an offer, as is done in regular real estate transactions?  The letter of intent is nothing more or less than a Trojan horse.

 

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