RCL Notes of the October 22, 2012 BOS meeting

NOTES OF OCTOBER 22, 2012 RYE BOARD OF SELECTMEN MEETING

Final Revision C – Provided by theRyeCivic League 

            Present:  Selectmen Jenness, Musselman and Mills.  Also present:  Michael Magnant and Cindi Gillespie.

Announcements

            The next Board of Selectmen Meeting will be on November 14, 2012 due to a holiday.

            There will be a tour of thePulpitRockToweron November 10 from 11 a.m. to 3 p.m.

Continuance of Public Hearing on Petition to Alter Layout of Old Ferry Landing Road

            Editor’s note: This is a very complex issue.  See the notes for the September 10, 2012, August 27, 2012, June 25, 2012 and May 29, 2012 meetings regarding the Schliepers and the Cavarettas.  It involves the relocation of Old Ferry Landing Road, a Class VI road near Foye’s Corner that is presently in disrepair, with piles of rubble dumped in it.  The Cavarettas want the road to be relocated to facilitate construction on their property, which is adjacent to the road.

            Following an earlier site walk, the meeting continued with the Cavarettas represented by Attorney Bernie Pelech and Corey Caldwell.  Selectman Jenness started by reading from the petition which would move the road about 10 feet.  It indicated that the petitioners understood that they would not be compensated for land and that they would purchase necessary drainage pipes.  She then opened the hearing for public comment.

            Attorney Pelech noted that the relocated Class VI highway would still provide access to the bike path.

            Mark Schlieper of an adjoining property at20 Frontier St.indicated that truckloads of soil had at one time been brought, supposedly from the nearby golf course, onto the Cavaretta’s property.  He stated that the General Manager of the golf course had told him that he had not approved any removal of soil.  There is arsenic in the soil according to tests, Mr. Schlieper said.

            Selectman Jenness stated that the soil had been tested and that it appeared satisfactory.  The piles had been there for some time, she said, judging from the growth.  Attorney Pelech indicated that the soil was moved quite a few years before, and promised to get the information.

            Francis Drenzek, 16 Frontier St.spoke about an earlier issue with the Cavarettas regarding his septic system that, it turned out, was not entirely on his property.  It had been put in place by a prior owner.  Fifteen years after the septic system was installed, the Cavarettas sued him over the issue.  Mr. Drenzek stated that former building inspector Bill Jenness had told him that the originally approved location was changed due to proximity to wetlands and that Mr. Cavaretta was aware of the change at the time.  Editor’s note: Mr. Jenness, now deceased, was the husband of Selectman Jenness.

Deed information indicates that Michael Cavaretta sold the lot at 16 Frontier St. to the Framptons in 1978 and that the Framptons sold the land to the Drezneks in 1983, the latter deed indicating that there was a building on the property.  Assessors information indicates that the Drezneks’ house was built in 1983.  Mr. Dreznek stated that he was forced to move 10 feet of the septic system after he lost the suit because he had no proof.  He stated that the septic system was approved by the state and installed in 1983. 

            Mr. Drenzek continued by asserting that Mr. Cavaretta has moved property lines in the neighborhood.  Mr. Walsh at 4 Frontier and Ms. Sieg at 8 Frontier have lost property due to the movements of property lines from the corner all of the way down.  The boundary lines have been very confusing to him over the years.

            Attorney Pelech complained that Mr. Drenzek was attempting to relitigate an old case.  Selectman Jenness agreed. 

            Mr. Schlieper complained that the Cavarettas were causing a lot of work for one person.  They’re essentially turning a Class VI road into a private driveway.

            There being no further public comments, the public hearing was closed.

            Selectman Mills asked whether a decision needed to be made that night.  Selectman Jenness indicated that if all of the information was available they should.

            Selectman Musselman questioned the source of the soil and the inconsistent information that has been received.  After he mentioned that he had heard about an affidavit on the source of the soil being presented, Attorney Pelech indicated that he was not aware the Selectmen were expecting an affidavit.  He indicated that one could be provided.  Selectman Musselman stated that he had heard that in another location soil from Tibbetts Garage was deposited in remediation of an issue with a gas station. 

            Selectman Mills indicated that he had seen asphalt in the soil.  If it was from a golf course there wouldn’t be asphalt.  Selectman Musselman indicated that it could be from a cart path, but those are typically not dug up.

            Mr. Schlieper indicated that he had seen trucks about 15 years ago, but at that time he “was not the Sheriff of Frontier St.â€Â  Laughter ensued.  Mr. Schlieper indicated that he didn’t hire an investigator to look into the matter further.  Selectman Mills quipped that, based on his new assessment, he should be able to afford one now.  Selectman Musselman, interjected, “Oh, Joe.â€Â  Editor’s note:  Selectman Mills complained vociferously about the new assessments during the announcements at the October 11, 2012 meeting.

            After Selectman Mills indicated to Attorney Pelech that they should find out where the soil was from, Mr. Corey stated that the soil had been tested and there were no harmful chemicals in it.  He acknowledged, however, that he only knows what the Cavarettas have told him.  If the Board of Selectman still has concerns, they will remove the soil.

            There was further discussion regarding the abutters’ preferences for location of the road.  Presumably both wanted it as far away from their property as possible, Selectman Musselman said.  There was no disagreement.

            Selectman Mills made a motion to table the issue pending information on the source of the soil.  The motion was seconded by Selectman Musselman, and it carried unanimously.  Attorney Pelech promised to provide the information to “Michael.†Editor’s note:  This was presumably a reference to Town Administrator Michael Magnant, but it could have been to Town Attorney Michael Donovan.

Public Hearing on Conservation License Plate Grant

            Selectman Jenness read the information relating to this $10,000 grant.  The State indicated that the project was exemplary and had been given the highest priority.  The State requested before and after digital photographs to show the progress.

            Jim Raynes of the Conservation Commission provided further details.  The cost will be $40,000.  The North wall must be rebuilt.  They are working on getting more funds.

            There was no public comment and a motion to approve the grant carried unanimously.  Mr. Raynes was appointed to handle the paperwork.

Public Hearing on five portable radios

            Police Chief Walsh indicated that each officer has his own radio and that the older ones are deteriorating and need to be rotated out.  The only cost will be maintenance, including replacement batteries. 

            Peter Crawford, a Town resident indicated that $3200 per radio seemed expensive, Chief Walsh indicated that these radios met their needs.  They are capable of communicating with the Coast Guard.  Mr. Crawford asked whether the Town needed to match the federal funds, Chief Walsh indicated that the only cost borne by the Town would be for maintenance.  Mr. Crawford then indicated that he had no objection.

            Sam Winebaum, another Town resident asked whether the cruisers needed to be on to relay signals for the radios to function.  Chief Walsh indicated that they did not have to be. 

            Acceptance of the grant was unanimously approved.

Approval of minutes

            The minutes of the September 27, 2012 Budget Work Session were approved unanimously with minor changes.  The minutes of the September 27, 2012 non-public session were approved unanimously. 

Continuation of Budget Work Session:  Planning Department

            Kim Reed not being present, Cindi Gillespie addressed the Planning Board budget.  There was an adjustment for insurance and part time wages.  The budget of $116,710 was approved as presented. 

Continuation of Budget Work Session:  Building Department

            Peter Rowell, Building Inspector, addressed his budget.  Vision Appraisal has a building permit program that will permit information to be passed electronically to Assessing.  He has spoken with a customer inRhode Islandwho is pleased with the system. Swansea, the only town inNew Hampshirewith the system is still rolling it out.  He will wait for that to occur. 

            Town Administrator Magnant indicated that the vendor will permit the $15,000 cost to be split over two years.  In addition to that, there will be $2000-3000 in staff salary costs to build tables.  Finance Director Cindi Gillespie indicated that there will also be ongoing license fees.

            Selectman Musselman asked what would happen if someone applies for a building permit for a deck.  What would the assessor learn?  Mr. Rowell replied that the information would be electronically transferred, seamlessly and weekly by Vision Appraisal.  Mr. Rowell also said that a future web-based module would permit applicants to enter dimensions for the permits online for review by the staff. 

            Selectman Musselman then asked about the current process.  Mr. Rowell replied that copies of the permits are delivered daily to assessing.  A spreadsheet is also provided monthly.  Ms. Gillespie indicated that the information must be input in assessing.  Selectman Musselman asked whether assessing would assign the same value.  Mr. Rowell responded that the value would be based on their site visit, but that the building permit value might be considered as well.  Selectman Musselman asked whether additional time would be required to deal with the complexity.  Mr. Rowell replied that it would not take any longer, but he didn’t know if there would be a time savings.

            Selectman Jenness asked about a paper trail.  Mr. Rowell indicated that there would always be a paper trail.  The information would be printed out and placed in a folder. 

            Selectman Musselman asked whether they would go back in time to input data.  Mr. Rowell responded that they would start using the program on a “date certain.â€

            The motion to approve the $145,949 budget as presented was unanimously approved.  The motion to increase the capital budget after increasing it by $7500 (half of the cost of the Vision Appraisal program) to $205,400 was unanimously approved.

Continuation of Budget Work Session:  Recreation Department

            Editor’s note:  At the Budget Work Session during September, 2012, the issue of the adequacy of parking at the Recreation Area had been raised in connection with a request to expand the parking lot.  The issue of whether expansion of the parking area might preclude adding a baseball field was also raised.   At that meeting, Lee Arthur, Recreation Director, had encouraged the Selectmen, and in particular Selectman Mills, to come to the area on a Saturday morning and observe the cars parked there.

            Recreation Director Lee Arthur approached Selectman Mills, indicating that she had waited for him until 10:00 a.m. the prior Saturday at the Recreation Area.  She then proceeded to show him photographs of cars parked there using her tablet computer.  She said that that is typical of the cars parked there.  On that day, she counted 118 cars.  With the existing layout there are only 68 parking spaces, she said.  This has been a long-standing issue.  With regard to interfering with the addition of another baseball field, she stated that a field could not be added unless the parking issue had been dealt with. 

            Selectman Musselman asked whether the parking could be expanded and an additional field also constructed.  Ms. Arthur responded that both could be done.  Ms. Arthur also indicated that there is also a question of conflicting ownership or rights with adjacent Conservation Commission land.  She has sent a letter to Town Attorney Donovan regarding the issue.  Ms. Arthur acknowledged that some of the land is wet.  The requested funds will be used in part to determine what to do. 

            Selectman Mills then asked Public Works Director Dennis McCarthy whether it might be possible to use one side ofLocke Rd.for parking.  Mr. McCarthy indicated that that would be difficult due to the lack of room.  He and Police Chief Kevin Walsh surveyed the area.  He believes that there would not be enough room, withLocke Rd., to accommodate 118 vehicles. 

            In response to a question from Selectman Musselman, Ms. Arthur indicated that the budget request included surveying, gravel and leveling for 30 additional spaces.  Selectman Musselman indicated that the budget to do this was small.  Ms. Arthur indicated that the layout would be approved later.  They want the money appropriated now so they can get started. 

            Apparently alluding back to the earlier discussion regarding the Cavarettas’ property andOld Ferry Landing Rd., Selectman Musselman asked whether the project was in need of soil.  He then paused and said that that was a “highly inappropriate†question.

            Selectman Musselman then indicated that he believed that the budget item should be approved, subject to approval of a detailed plan and a formal agreement with the Conservation Commission.  Selectman Jenness stated that it sounded like more space was needed.  They are a victim of their own success, she said.  Selectman Mills stated that this would not grant carte blanche rights to cut down trees.

            Ms. Arthur then addressed a request for software to do online registrations.  The new software would also permit jersey orders to be done.  The current software is old and does not permit saving to the server.  Editors note:  This may be a reference to backing up information to a server, or it could be to the database being located on a server.

            She said the software is capable of online registrations, but Town approval would be required to accept credit cards.  Town Administrator Magnant stated that the Town does not currently accept credit cards.  It used to be illegal for the Town to pay fees to the credit card companies.  The law has recently been changed to permit this and other towns are slowly rolling out credit cards.  Typically this is for Master Card and Discover, and not Visa, as there is no agreement with Visa.

            Selectman Musselman moved to approve $40,230 out of the Recreation revolving fund for Recreation Area parking and web-based recreation software.  The motion was amended to make it subject to Board of Selectman approval of the layout and Conservation Commission input.  The motion carried unanimously.

            Selectman Mills commented that he had been forced to twice climb the back stairs of the Town Hall earlier that day, only to find the door locked.  Editor’s note:  the back stairs lead to the Recreation Department offices in the back of the second floor of the Town Hall.  It “damned near killed him,†he said.  He said that the Space Needs Committee should look at these stairs.  They are unsafe, especially for the elderly, he said.  Ray Jarvis, a Town Resident, suggested, apparently in jest, that there should be a sign saying “old people go around.â€Â  Sam Winebaum, another Town resident, suggested that a bell be installed to alert staff in the event that someone needed assistance climbing the stairs.  Ms. Arthur indicated that there is one but it is outside.

            Mr. Jarvis then related how he and Conservation Commission Chairman Jim Raynes had worked for three years to get a conservation easement on the TownForest.  Editor’s note:  the Town Forest adjoins the Recreation Area.  He questioned the figures that Ms. Arthur had related earlier as to the number of acres controlled by the Recreation department.  Ms. Arthur indicated that she had deeds on the original 172 acres under Recreation Commission authority.  Some of the confusion might be resulting from the acreage for the baseball fields.  Selectman Musselman said that this should be figured out.

            The motion to approve the capital expenditures for the parking lot expansion and registration software were approved unanimously.

Presentation of Capital Improvements Program (“CIPâ€) Committee Plan

            Ray Jarvis, Chairman of the CIP Committee presented an overview of the CIP plan that was just completed.  The plan covers the period 2013-2018.  Jeanne Moynahan of the committee was also present in the audience.  Ned Paul and Tom McCormick were the two other members who were not present, Mr. Jarvis said.  The committee had been meeting 2-3 times per month since May and has produced a 79 page document. 

            According to law, Mr. Jarvis continued, the CIP Committee is supposed to make recommendations to the Board of Selectmen and the Budget Committee.  Editor’s note:  see N.H. R.S.A. 674:7.  He does not believe that this is appropriate.  It is fine for the committee to assign priorities, but the role should be to gather information so it can be looked at.  Questions should go to the departments.  The CIP Committee does not have the type of knowledge needed to do otherwise.  This is a dynamic document, the purpose of which is to get a sense of what is being planned.  There should be an overall feeling that the plan is logical, with no spikes in a particular year.  The Committee gets involved if they receive a document that they don’t understand.

            Jeanne Moynahan interjected that it was a great committee.  A question arose as to Marty Klenke’s role.  She responded that he “sat back,†and wasn’t as involved.

            Selectman Jenness responded that the Board of Selectmen understand the purpose.  Some in the community may not be as familiar with the role.  She appreciates that these are not hard and fast recommendations.

            Ms. Moynahan referred to the back portion of the plan which refers to the criteria for the 1, 2 and 3 priorities.  She stated that they basically followed the law.  She continued that the school board will be starting their budget process in two weeks and will find the CIP plan helpful.  Editor’s note:  Ms. Moynahan is on the Rye School Board.

            Selectman Musselman asked about the major Recreation expenditure in 2014-2016 for a Community Center.  This is a significant, timely topic, he said.  Someone needs to describe this along with whether opening up the Great Hall might serve a similar purpose.  There’s also a question regarding construction of a SeniorCenterin Portsmouth.  They may ask for regional participation.  He asked whether anything more is known since those questions were asked last year.  Mr. Jarvis responded no.  He referred to a survey done 8 years ago.  At that time some felt that the Recreation project was a good idea.  Editor’s note:  The Recreation Department recently conducted a new survey.  Responses were due back by August 15, 2012 but the results appear not to have been made available yet on the Town’s web site.  Selectman Musselman indicated that, at some point, the community must reconcile this issue.

            Paul Goldman, a member of the Budget Committee spoke about his committee being tactical and detailed.  The CIP Plan is the financial link to the vision in the Master Plan.  It shows what to expect in the future. 

            Selectman Jenness asked whether the plan should be accepted tonight.  Selectman Musselman replied that they should look at it first.  Mr. Jarvis responded that they will be back next month. 

Bauer Construction request to park excavator on Old Beach Way

            Greg Bauer of Bauer Construction addressed the Selectmen, indicating that he is seeking beach access to build two seawalls.  Selectman Mills asked whether there was a question about one of the properties, which involves a teardown.  Building Inspector Rowell indicated that an appeal has been, or will be, filed in that case so that construction will not be proceeding at this time. 

            Selectman Musselman asked what approval the Board of Selectmen was being asked to grant.  Was it to park equipment?  They’re presumably not approving construction of the seawall.  The Building Inspector is presumably checking the State approval on that.

            Selectman Mills commented that Old Town Wayis open to the public.  Selectman Musselman commented that a court settlement provided that it is open only to pedestrians, but that a sign so stating is not permitted by the settlement.  Editor’s note:  For further information, see tax map 8.4, available on the Assessor’s section of the Town’s web site and page 12 of the document “Public Beach Access in Rye, NH†available on the Town’s web site by clicking on “Selectmen’s Office,†then “Town Beach Information and Access.â€Â  According to the tax map, Old Town Way intersects Old Beach Rd. just northeast of the intersection with Foss Circle, and leads from Old Beach Rd. to the beach.  The Board of Selectmen cannot provide access to Old Town Way, he said, as it is a private way, with no vehicular access pursuant to the court settlement.  Editor’s note:  See page 6 of the minutes of the September 5, 2012 Zoning Board of Adjustment (“ZBAâ€) for further discussion regarding this issue.  Also, it appears that the issue of the property at 36 Old Beach Rd., which is in the process of being sold to John Fort, was to have been reheard at the October 17, 2012 meeting of the ZBA.  This parcel is two down from the one at 28 Old Beach Rd.  The attorney representing Mr. Fort stated at the September 5 hearing that Old Town Way is a public way.

            Mr. Bauer stated that the Breslins, the Frosts and the LaBries all have access.  Selectman Musselman stated that the only thing that the Board of Selectman can give permission for is to park the excavator.  Someone else must give permission forOld Town Way. 

            Sam Winebaum, 52 Cable Rd., speaking from the audience, suggested that beach access could be obtained via Cable Rd. Extension.  Editor’s note:  According to maps, this appears to be about 900 feet southwest of Old Town Way.  Selectman Musselman responded that it would not be possible to drive on the sand.  Mr. Bauer indicated that 30 tons of rocks would be transported. 

            Mr. Bauer then asked whether he could ask a question “off the record.â€Â  Selectman Musselman responded that nothing was off the record.  Mr. Bauer then stated that Mr. Fort has obtained a wetlands permit to build a sea wall and permission from the ZBA to build a house.  Building Inspector Rowell interjected that DiPilato has stated that the minute a building permit is issued he will appeal. 

            Selectman Musselman then made a motion to approve parking of equipment at the end of Old Beach Wayin the evenings, through Thanksgiving, for the purpose of work on seawalls.  He continued that the Selectmen were not giving the green light for Mr. Bauer to go through private property.  Editor’s note:  According to tax map 8.4, it appears that Old Beach Way leads from Old Beach Road to the beach about 500 feet southwest of Old Town Way.

            Mr. Bauer asked about Carbee Dr.  Editor’s note:  Carbee Dr. appears on tax map 8.4 as a private drive intersecting Old Beach Road just northeast of Old Town Way.  Selectman Musselman responded that this has nothing to do withCarbee Dr.  The only permission being granted relates toOld Beach Way.  Mr. Bauer then asked Police Chief Kevin Walsh, who was in the audience, whether the police were going to “shut me down†if the neighbors complained.  Chief Walsh responded that, if it was private property, if they say he must leave he must.  Selectman Musselman suggested that Mr. Bauer could encourage the neighbors to get along.  Chief Walsh stated that he will need to have access permission in writing. 

            Selectman Mills asked Mr. Bauer whether he was the guy that hauled materials from Tibbetts Garage, apparently referring back to the hearing earlier in the evening involvingOld Ferry Lane.  Mr. Bauer stated that it would have been his father, and that his father would not have done that. 

            Selectman Musselman then stated that there should be no damage toOld Beach Way.  Mr. Bauer should also get permission from New Hampshire DES and perform restoration if any damage is caused.  He then modified his earlier motion to provide thatOld Beach Waycould be used to access the beach as long as DES approves.  The revised motion was approved unanimously.

            Mr. Bauer then asked what happened to the good old days when this could be done on a handshake.  Selectman Mills said, I know, those days are gone.

Approval of sign for Pulpit Rock Tower tour

            The requested sign was unanimously approved, provided that the dimensional requirements are met.

Letter from Jim Raynes of the Conservation Commission regarding the Philbrick easement

            Editor’s note:  See notes of August 27, 2012 meeting.  Selectman Mills made a request to the Board of Selectmen as a private citizen relating to the conservation easement on the Philbrick land.  This letter appears to be a response to Selectman Mills’ request of Mr. Raynes.

            Selectman Jenness read the letter, which indicates that a meeting was held at the site to review.  The crops appeared to be consistent with what was permitted, and there were no new permanent structures, he said. 

            Selectman Mills then raised four questions with Town Administrator Magnant and the Board of Selectmen.  Editor’s note:  Selectman Mills did not, as he had at the August 27 meeting, step down from the table at the head of the room, or emphasize that he was speaking as a private citizen with respect to the Philbrick property, which is near his own.  He said that only selected persons from the Conservation Commission did the site walk.  He continued that there is an unregistered vehicle under a tarp on the land.  The vehicle has only recently been moved there, while the shed has been there a long time.  He said that the law prohibits dumping or storage.  The vehicle under a tarp is storage.  He is not happy.

            Selectman Jenness responded that crops are permitted.  Selectman Musselman agreed and noted further that the shed is probably OK if it was pre-existing.  The question is the car. 

            Selectman Mills stated that the vehicle has no plates. 

            He then remembered his fourth question, which was whether his business should be permitted to store 150 porta potties on the land. 

            Selectman Musselman responded that that would not be an agricultural use and not within the easement.  Selectman Mills responded that that was debatable.  He indicated that the shed was placed there 8-10 years ago.  Selectman Jenness noted that the shed would then have been there when the easement was granted.  Selectman Mills stated that the vehicle belongs to an abutter. 

            Town Administrator Magnant asked why the Conservation Commission couldn’t just have the vehicle towed away.  Selectman Musselman said, they can, we can’t. 

            Selectman Musselman stated that the question was whether the car was there before the transfer of the land to the Conservation Commission.  Building Inspector Rowell indicated that unregistered vehicles are probably not allowed in any case.  They could be junk.  They must be registered and inspected.  The latter insures that they are roadworthy.

            Selectman Jenness indicated that they would have another look at the issue.

Resignation letter from Tracy Rizzo of the Energy Committee

            This resignation was accepted with regret. 

Approval of sign on “S†curve, Parsons Rd.

            Public Works Director McCarthy spoke about the issue, Chief Walsh having left the room.  This is a tight “S†curve that vehicles negotiate at excessive speeds.  The proposal is to post advisory signs suggesting a 25 m.p.h. speed, pursuant to N.H. R.S.A. 265:63.  Under that statute, the minimum speed that may be posted is 25 m.p.h., Mr. McCarthy said.  Since the sign would be advisory, citations based on the 25 m.p.h. speed limit would not be allowed.

            The motion to approve the signs carried unanimously.  Mr. McCarthy then indicated that there would be two placards, one on each side.

Popcorn sale approval for Cub Scouts at Recycling Center

            This was a letter from Jim Hergos, Cubmaster requesting permission to hold a popcorn sale on October 27, 2012.  After Selectman Jenness confirmed that this sale did not overlap one with the Greenland Cub Scouts, approved recently, the motion to approve this carried unanimously.

Webster at Rye Raffle

            A raffle was requested for Saturday, December 3, 2012.  The request was approved unanimously.

Sam Winebaum comments on Breakers Rd. culvert

            Mr. Winebaum indicated that a culvert at the indicated location was put in last week.  He thanked Senator Stiles, and noted that this would help her in the election amongRyeresidents. 

            He continued that he thinks that the problem may be related to 3 houses on nearby lots that were raised.  There’s lots of parking and gravel.  He observed two white pipes, apparently coming from newer construction, entering a catch basin.  Selectman Musselman responded that these probably came from sump pumps.  Mr. Winebaum continued that they have a concern about this practice in the coastal overlay district.

            Selectman Mills stated that there is permission to install sump pumps with backflow preventers.  Selectman Musselman indicated that 50 years ago, the sump pumps drained into the sewers.  But, this meant that they usurped sewer capacity.  Mr. Winebaum responded that there are other ways to handle the problem, such as chambers.  Selectman Musselman noted that extraordinary efforts relating to storm water are not generally required for single family residences.  He indicted thatRyehas drainage problems everywhere.  Selectman Jenness questioned why anyone constructs a basement these days.

Selectman Mills statement of displeasure with assessments

            Editor’s note:  See notes of the October 11, 2012 meeting where Selectman Mills expressed his strong displeasure with the new assessments.

            Selectman Mills reiterated that he is not happy with the new assessments.  He made a motion that “you people,†apparently referring to the other Selectmen, require that KRT write a 6 line paragraph stating the reasons for any assessment that changed by more than 10 percent.  He stated that Vision did an analysis in 2007.  The economy has changed a lot in the ensuing five years, but real estate has not experienced that big a change.  If the other Selectmen do not agree with his motion, then they didn’t agree with what was done five years earlier.  The appeals will be a joke.

            Selectman Jenness seconded the motion for discussion.  She asked about the number of appointments made by those with raised assessments.  Town Administrator Magnant responded that 175 appointments had been made, while 300 had been expected.

            Selectman Musselman asked what was being done in response.  Selectman Jenness responded that information was taken and the matters taken under advisement.  She continued that she had questioned the assessment on a $100,000 wood lot that had jumped $70,000 in value.  They just took the information, she said.

            Sam Winebaum, a Town resident in the audience, interjected that his assessment had been raised 15 percent.  He had analyzed neighboring properties and found anomalies.  Some didn’t make sense.  The book said that all lots would be assessed the same if a house could be built on them.  The problem with that is that 1 acre should be worth a lot more than ¼ acre.  These are fixed at very close to the same value, or even below.  It grates him that some people did not let the assessor into their houses.  Although that is their right, who knows the condition.  Mr. Winebaum has let the assessor in, not this time, but the prior time.  Editor’s note:  This update was a statistical one only, and did not involve inspections of the interiors of properties.

            Dominique Winebaum, wife of Sam Winebaum, indicated that the assessment increases are mostly due to increases in the value of the land.  Selectman Jenness responded that she had been told the land was undervalued.  Mr. Winebaum stated that, if you can build on it, a tiny lot is worth a lot.  They are feeling the consequences of overbuilding. 

            Selectman Musselman stated that he can’t pass judgment on individual properties as this is not his area of expertise.  After Town Administrator Magnant stated that there were 3300 properties in Town, Selectman Musselman indicated that that would mean that 1100 increased in value.  It could make the situation worse if explanations are provided.  These would need to be made public.  He doesn’t disagree that some of the assessments don’t make good sense.  The Board of Selectman can deal with the issue if Assessor Norm LeBlond cannot just adjust them.  But, there’s not time to review and change all of these assessments before the tax bills have to go out.

            Selectman Mills stated that they are not serving the taxpayers.  He asked whether the other Selectmen had received the letter from Mr. Driscoll.  They affirmed that they had.

            Selectman Musselman summarized the process.  The assessment can be raised with KRT.  If the owner is dissatisfied then he or she can appeal.  The Assessor listens and is reasonable.  Then, the Board of Selectmen can deal with it in June.  Then the owner has access to the DRA.  The DRA has often been sending these back before they go to the BTLA.  Editor’s note:  these are apparent references to the Department of Revenue Administration and the Board of Tax and Land Appeals.  He acknowledged that it might be difficult for an elderly person to assemble the data.

            Selectman Mills stated that he would not sign the manifest to pay KRT.  If the others approve it, they will be paying for a flawed assessment.  He knows a widow with a $400,000 house that was raised $170,000.  Suppose she can’t pay.  Elderly people are proud.

            Selectman Jenness responded.  There’s an ongoing process with Todd visiting inside the houses.  Let it play out.  See what the tax rate is.  She’s not sure what they could require be done.  Some have complained that their assessments are too low. 

            Selectman Jenness, noting that the motion had been made and seconded, called for a vote.  Selectman Musselman voted no.  She then voted no. 

            Selectman Musselman then made a motion to adjourn the meeting.  After Selectman Mills failed to second the motion, Selectman Jenness seconded the motion and the Board of Selectmen voted to adjourn.  Editor’s note:  As Chariman, Selectman Jenness has customarily waited for the others to make and second motions.