Town of Nottingham
Selectmen’s Public Hearing
February 23, 2009
6:33 PM Acting Chair Bonser opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Mary Bonser and Peter Bock
Members Absent: Bill Netishen
Others: Charles Brown, Town Administrator; Traci Chauvey, Recording Secretary; Laura Clement’ Jason Neuman; Maria Neuman; Robert Gifford; Bonnie Winona Whittemore; John McSorley; Bill Dean; Therese Thompson; John Edwards; Ellie Crow; Dwight Crow’ Harry Fensom, Jeff Gurrier; Eugene Reed; Tony Scianna; Willard ?; Terry Bonser; Liz Kotowski; Karen Batchelder; Tom Duffy; Mike Ouellette
Ms. Bonser opened the public hearing and recused herself, asking Mr. Bock to take over as Acting Chair.
Mr. Bock informed all that they were here tonight for a public hearing on a petition warrant article that was signed by registered voters of the community. He explained that the process. The main petitioner will present then public comment would be taken.
PUBLIC HEARING – Petition Warrant Article to Eliminate the Board of Assessors
At 6:36 PM, Mr. Bock acknowledged Ms. Bonser and invited her to present.
Ms. Bonser informed all that before she presented she was going to address criticism of the wording of the petition. She informed the public that the wording of the petition was dictated by law.
Moving on to her presentation, Ms. Bonser read from a written statement. She provided history of the petition for the Board of Assessors in 2008, noting that she believes it passed because the Board of Selectmen were alleged to have made mistakes in the assessing process at Pawtuckaway Lake. She informed all that complaints were filed at the State level, resulting in a Department of Revenue (DRA) review. She noted that DRA’s ensuing report upheld the actions of the Selectmen and read a passage from the report. She informed all that the full report was available for review in the Selectmen’s Office during regular business hours.
Ms. Bonser stated that those property owners that are most critical of the Board of Selectmen are upset over their valuations and the resulting property tax they must pay. She noted that valuations are based on comparable sales; a process that will not change with the new Board of Assessors since it is governed by State law. She reiterated that the new Board of Assessors will be required to follow the same process that the Selectmen have followed.
Ms. Bonser feels that the way to control taxes is to control spending and firmly believes that the Selectmen have done a great job in this area. She reminded the public that at $14.14 Nottingham has the lowest tax rate of all surrounding communities and one of the lowest in the State, that only $2.10 of the $14.14 goes to the Town, and that the Selectmen have no control over the school and county budgets. She also reminded all that even with the lowest tax rate, the Selectmen manage to achieve many improvements to the community. Her examples included Mulligan Forest, the new fire station, the police station, a full-time police department, two full-time fire/rescue personnel, and the contribution of funds and equipment to improve Pawtuckaway Lake water quality.
Ms. Bonser acknowledged the activities of the Capital Improvement Program Committee and informed the public that the Board of Selectmen uses the information provided by this committee when planning the Town’s annual budget and when considering future budgets, while maintaining fairness and proportionality in the assessment of property values and resulting tax bills.
Ms. Bonser also feels that the Selectmen work to keep people in their homes and that a single-minded Board of Assessors may not be so understanding. She reminded everyone that the Selectmen hire a professional assessing firm and that the new Board of Assessor’s is not required to do so, nor are they required to have any assessing experience. She informed the public that if a property owner requests an exemption, the Board of Assessor’s will have access to their financial data. She believes the Selectmen have learned, over the years, how to handle these situations with respect and confidentiality.
Ms. Bonser strongly believes that this is not the best way for Nottingham to go. She does not believe in ‘growing’ government. She encouraged the public to vote “yes” on Article 12 on March 10, 2009. Ms. Bonser took a seat in the audience.
Acting Chair Bock acknowledged Mr. Reed and invited him to the mic.
Mr. Reed read from a prepared statement. He encouraged the public to vote “no” on Article 12. He feels that Article 12 is an attempt to circumvent the will of the people. He provided a handout to several people. Referencing the handout, he said he had created an organizational chart showing that there will be no structural change with the elected Board of Assessors. The computer, software, assessing firm, and assessing coordinator are all in place. He informed the public that there would be no cost for the BOA. He had, at a Budget Committee meeting, asked the Selectmen to reduce their stipend by an amount commensurate with the assessing duties but had been informed that the Selectmen already earn too little for their duties. As a candidate for the one-year term
on the BOA, Mr. Reed does not feel there should be a stipend for this Board in its first year.
Mr. Reed informed the public that the new BOA will have no more or no less power than the BOS currently has, when it comes to assessing, as they are governed by the laws. He sees the responsibilities of the oversight of assessing being carried out differently. He introduced Mr. John McSorley as the candidate for the three-year term, Mr. Jason Neuman as a write-in candidate for the two-year term, and himself as the candidate for the one-year term. Mr. Reed stated that the new BOA will give every consideration within the law to applications for exemptions.
Mr. Reed discussed Pawtuckaway Lake, acknowledging that the properties should have been re-evaluated if they were that far out of sync with the rest of town. He does not believe that being re-evaluated was or is the problem, nor does he think that the excerpt of the DRA report, which Ms. Bonser read, addresses the other issues. He informed everyone that over 300 properties were re-evaluated by boat and and overall evaluations went up $28,000,000 without any input from the property owners. He noted that the Selectmen accepted the new appraisals and when the property owners rose up, they allowed for informal hearings with the assessing firm which resulted in many corrections and a $7,000,000 reduction to the accepted $28,000,000. Mr. Reed stated that the Town then hired an independent assessor who
filed a negative report at a meeting where the public was denied input. He said the public was assured at that meeting that there would be as many follow up meetings as needed to address the independent report but that there had been no more meetings. He belittled the Board of Selectmen for taking no action on the report. Mr. Reed noted that some property owners at Pawtuckaway had paid to have their own appraisals done and had filed abatements, only to receive a form letter rejecting the appraisal as being flawed. Mr. Reed feels that tax payers lost confidence and trust in the BOS and voted for systemic change when they voted for the BOA last year.
Mr. Reed then raised the issue of Nottingham Lake, noting that there is no lake, and acknowledging the April 1 deadline. He informed all that the property owners are getting an arbitrary 10% off their appraised value due to the lack of a lake. He believes that because the property owners are unorganized, they will end up paying hundreds of dollars each in unfair taxes.
Mr. Reed informed all that Selectman Bonser’s property had not been inspected for re-evaluation during the town-wide re-evaluation in 2005, noting that this is a pattern. He belittled the other two Selectmen for not doing anything and paraphrased NH RSA 74:17 regarding the Board of Selectmen’s right to obtain an administrative inspection warrant. Mr. Reed noted that many of the buildings on the Bonser’s property are given an additional 25% depreciation discount which he has not found on any other property in town.
Mr. Reed again encouraged the public to vote “no” on Article 12.
At Mr. Bock’s inquiry, Mr. Reed stated that he would inform the public of the changes he expects to see with the newly elected Board of Assessors at Candidate’s Night. Mr. Reed resumed his seat.
Acting Chair Bock acknowledged Mr. John Edwards and invited him to the mic. Mr. Edwards inquired as to why the Selectmen felt assessing authority should be returned to them when, of the approximately 78 abatements that were received, only approximately 38 were reviewed by the Selectmen. Mr. Bock responded that the Selectmen rely heavily on the hired assessing firm, as will the BOA. He feels that DRA’s report vindicates the Selectmen’s reliance on the hired assessing firm. Mr. Brown informed all that each abatement request had been reviewed by the current assessing firm, Commerford, Neider and Perkins and that the recommendations had been reviewed by the Selectmen. Mr. Edwards resumed his seat.
Acting Chair Bock acknowledged Mr. Tom Duffy and invited him to the mic. Mr. Duffy inquired about the specifics of the flawed appraisals. Mr. Brown recalled that it had something to do with the comparisons that were used. Mr. Duffy inquired about Commerford, Neider, and Perkins methodology in reviewing the abatement requests. Mr. Brown did not know. Mr. Duffy suggested that the Selectmen are not fully equipped to handle review of the assessing function. Mr. Bock, referencing DRA’s report, inquired as to what more Mr. Duffy was looking for. Mr. Duffy informed Mr. Bock that he believes the issue was not whether re-evaluations should have been done but the methodology used. The Taxpayer’s Association believes that Avitar’s methods for valuing land was flawed. No one has justified the $270,000 for a water front parcel. He is a realtor and has never sold a buildable piece of land on the lake for that amount. He expects that the new BOA will delve into the mechanics and
methodology used for assessing. Mr. Bock thanked Mr. Duffy for his input. Mr. Duffy resumed his seat.
Acting Chair Bock acknowledged Mr. Frank Case and invited him to the mic. Mr. Case spoke in favor of keeping the Board of Assessors, noting that they have not had time to succeed or fail, at this point. He feels that the Board was just voted in last year and that Nottingham is fortunate to have experienced candidates running for office, acknowledging Mr. McSorley’s recent appoint. Mr. Case resumed his seat.
Acting Chair Bock acknowledged Mr. Bill Garnett and invited him to the mic. Mr. Garnett informed the public that he did not and will sign a petition based on the opinions of Mr. Bock, Ms. Bonser, or Mr. Netishen. He signs them based on his own belief and right to do so. Mr. Garnett resumed his seat.
Acting Chair Bock acknowledged Mr. McSorley and invited him to the mic. Mr. McSorley has recently been appointed to the Equalization Standards Board. He does not see the BOA as new bureaucracy, he sees it as an expansion of bureaucracy. He believes that Nottingham is fortunate to have two candidates, Mr. Reed and himself, who have extensive experience. Mr. McSorley informed all that the Assessing Advisory Committee has finished up and has recommendations for the Selectmen. He feels that a dedicated Board of Assessors may be able to better serve the tax payers, possibly even providing educational materials for the public. Mr. McSorley resumed his seat.
Acting Chair Bock acknowledged Ms. Pam Kelly and invited her to the mic. Ms. Kelly spoke in favor of the BOA and urged people to speak dispassionately when addressing the issue. She thanked the Selectmen for all they do. Ms. Kelly resumed her seat.
Acting Chair Bock acknowledged Ms. Laura Clement and invited her to the mic. Ms. Clement spoke in favor of the BOA. She feels it is premature to eliminate the BOA at this time. She encouraged a “no” vote on Article 12. Ms. Clement resumed her seat.
Acting Chair Bock called for any more public comment. Getting no response, he invited Ms. Bonser back to the mic. Ms. Bonser addressed Mr. Reed’s comments first, informing all that the current assessing firm’s contract runs out in December 2009, after which, the new BOA can choose to renew, bid out, or not use a professional assessing firm. She acknowledged that no stipend would be paid to this Board, yet, and questioned what kind of a difference there would be in the administration of duties. She again stated that DRA had concluded that the re-evaluations were proportional. Ms. Bonser informed all that Mr. Krajeski had a serious conflict with Avitar that was not disclosed to the Selectmen. The report was dismissed accordingly. She stated that the 10% used at
Nottingham Lake is the same that has been used for similar situations in other areas of the State. On a personal note, she informed all that no one is required to allow the assessors on their property. It is their right. She acknowledged that there are buildings, none of which are owned by her husband or herself, that have depreciation adjustments based on comparable sales. She indicated that she feels attacked and acknowledged Mr. Garnett’s earlier comment. She informed all that Ms. Winona had sent out, via e-mail, a list of names of some of the individuals who had signed the petition. Ms. Bonser’s name was on the list. She voiced concern for people’s rights. Acting Chair Bock refocused the meeting.
Ms. Bonser informed Mr. Duffy that she had dismissed Mr. Krajeski’s report when she learned of the serious conflict with Avitar. Ms. Bonser commented to Mr. Case that she does not feel that this is a good time to experiment with property taxes. In response to Mr. McSorley, Ms. Bonser feels that expansion is growth and growth is costly. She is in full agreement with the public education. Ms. Bonser noted that she is very passionate about her town and she finds it difficult to speak dispassionately. Acknowledging Ms. Clement, Ms. Bonser agrees that the voter had the right to vote on the issue last year, and they have the right this year. Ms. Bonser resumed her seat in the audience.
Mr. Reed took the mic and informed Ms. Bonser that he is not attacking or investigating her. He is an interested citizen who has requested to review public records. He feels there is no better way to keep informed when you do not attend the meetings. Mr. Reed feels he made no implications or judgments; he only brought forth public information. He resumed his seat.
Mr. Bock acknowledged Mr. Joe Clement. Mr. Clement asked how long the properties at Pawtuckaway had been under valued. Ms. Bonser informed him that it had been noticed in 2006. Mr. Clement inquired as to whether there was a spike in property value. Ms. Laura Clement asked Ms. Bonser if she was speaking as a Selectman. Ms. Bonser replied that she was speaking as an independent person. The information that she was providing to Mr. Clement was coming out of the DRA report. She informed Mr. Joe Clement that in 2005 the entire town was at 94.8%. In 2006, the Pawtuckaway Lake strata dropped to 78.8%, while the remainder of the town was at 95.5%. Acknowledging the many duties of the Selectmen, Mr. Clement suggested that such a volatile market may require more vigilant
oversight from a group who could focus on this one issue. Mr. Brown asked Mr. McSorley if this type of situation has become more apparent since the certification process began in 2003. Mr. McSorley agreed that it is easier to notice. Mr. Clement resumed his seat.
Mr. Bock acknowledged Mr. Dean. Mr. Dean asked for clarification of the type of interaction that will take place between the Board of Selectmen and the Board of Assessors. Mr. Bock informed him that it would not be unlikely that the Selectmen attend the meeting of the Board of Assessors, but that their interaction/input would be as residents. Mr. Dean asked if the RSA was written in such a way that authority could be returned to the Selectmen, if the Board of Assessors did not work out. Ms. Bonser informed him that it could and that that was what this petition was all about.
Mr. Bock acknowledged Ms. Chauvey. Ms. Chauvey clarified for all that a Board of Assessors would be elected to sit this year, regardless of whether this petition passed.
Mr. Bock acknowledged Mr. Ouellette. Mr. Ouellette voiced concern over the Board of Assessors enthusiasm to do their job if it would only be for one year.
Mr. Bock acknowledged Mr. Case. Mr. Case offered to sell his property on Pawtuckaway, furniture and all, to anyone who would purchase it at its assessed value today. He informed the public that there is a lot of cost shifting going on in Concord, which comes back on the Board of Selectmen. Some commented that if values go down, taxes go up.
Mr. Bock asked for anymore input. Having no response he closed the public hearing at 8:20 PM. Ms. Bonser resumed her seat as Acting Chair and called a break.
Having no further business,
Motion: Bonser, second Bock to adjourn the meeting.
Vote: All in favor. Motion passed 2-0.
Meeting adjourned at 8:23 PM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as written at the April 13, 2009 meeting.
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