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Selectmen's Meeting Minutes 12/09/08
DECEMBER 9, 2008

Selectmen Present:  Carmen Yon , Chmn.,  Michael Methe & Thomas Parker  

Chairman Carmen Yon opened the meeting at 7:00 PM


9AM     MEET WITH JOE LARSON – BTLA APPEAL:   Mr. Larson and Mr. Briggs met with the board.  Mr. Yon stated that the BTLA
               encourages the Board to try to resolve cases prior to going to them.   Gary Roberge stated that property values on the lake
               are unique.  There are a limited number of sales.  Mr. Larson stated they compared their lot to a similar lot which is assessed
               lower.  They have similar frontage on the lake.    The board responded to this appeal that this lot only has 60’ of lake
               frontage, when in fact it has 130’ per a survey.  Gary Roberge stated if that is the case, then we would have to look at that lot
               and reassess it.      Mr. Larson stated that their lot is very narrow.  Mr. Yon questioned what they feel their condition code
               should be?    Gary stated that he may want to rephrase this question, since they need to base this on methodology.   Mr. Yon
               questioned whether the road was a 2 or 3 rod road would have any impact on the value?   Gary stated that it would still be an
               unbuildable lot either way.   Mr. Parker stated that the town had not assessed the land at the boat landing for many years for
               whatever reason.  We have recently assessed this as a separate lot.    Mr. Parker stated that the real value of their property is
               the value to the two homes across the street that this gives access to the lake.   Mr. Larson stated that his main concern with
               their lot is the comparison to other lots that have similar lake frontage and larger depth.   They only have one location on their
               lot where they  are able to have a dock, where the other lots have the freedom to move their dock.   Mr. Yon questioned what
               they feel the value of this property should be.  Mr. Briggs stated that he feels that all of the vacant lots near the beach should
               be of similar value.   Gary stated that on the Korjeff property there is a note that the topography on this lot is less desirable.    
               Gary stated that they need to think about what the value of this lot is to them in conjunction with the house lots.  Mr. Roberge
               stated that the BTLA and the court would look at the entire estate in determining it’s value.   Mr. Briggs stated he feels that this
               is a stretch to look at all properties.    Mr. Parker stated that he personally feels that this lot is worth $60,000.   We need to
               look at what is fair and equitable.   Mr. Larson stated that he would like to here more on the statement with regard to the
               highway right of way.  Mr. Roberge stated that it could affect the value, however it would effect all lots on this road.   He feels
               that there has been some consideration in the market with regard to this issue.    Mr. Briggs stated that he would be willing to
               split the difference between the two properties, which would result in a $50,000 assessment.  Mr. Parker stated that he does
               not see going to the BTLA with regard to this issue.  The board agreed to change the assessment to $50,000.  Mr. Roberge
               ran the figures on this computer, and adjusting the factors the assessment figured out to be $50,100.   Mr. Roberge will look at
               all three lots in 2009.   Mr.Yon stated that the board will send a letter confirming this along with an abatement check including

11AM    MEET WITH VETERANS HOSPICE HOMESTEAD – BTLA APPEAL:  Tara O’Conner  met with the board.  Mr. Yon
              questioned if she is authorized to speak for the Veterans Homestead, she said yes she is the assistant director and she is
              authorized.  Mr. Parker questioned how many patients they have, she stated 16.    Gary Roberge questioned how patients are
              accepted?    Ms. O’Conner stated that there is an intake process.    They are evaluated on an individual basis.  They do not
              allow drugs and alcohol.  Mr. Parker questioned what they treat?  Ms. O’Conner stated  they are post detox, for veteran’s only.   
              The average stay is 8-10 months.    Gary questioned what they are asked to pay?  Ms.  O’Conner stated 30% of their adjusted
              income,  if they have no income, then they do not pay.    Mr. Parker questioned where the income is from?  Ms. O’Conner
              stated some have a VA Pension.  Mr. Parker questioned what they have for staff?, Ms. O’Conner stated they have a case
              manager, license nursed, and a farm manager who oversees the farm.  Gary questioned if they can provide a written
              document that  states criteria for acceptance?   Ms. O’Conner stated that this is in the residence handbook.  This is not in the
              articles of incorporation.    Mr. Yon stated that our attorney felt that their articles of incorporation need to be amended in order
              to meet the letter of the law to be considered charitable.   Gary questioned what happens with any surplus at the end of the
              year?  Ms. O’Conner stated that it would be reinvested into programs.  Gary Roberge is this in the articles? Ms.  O’Conner  
              stated she would have to research this , she can get a report on just the Fitzwilliam property.     Mr. Parker questioned who is
              in charge of the operation in Fitzwilliam?   Ms. O’Conner stated that the nurse manager.    They have a senior resident there
              during the evening.    Ms. O’Conner stated that Leslie Lightfoot, the Director is a non-voting board member.  Mr. Yon stated
              that the board would like to discuss a pilot program.  This is a way for an organization such as this to compensate the town for
              services.   Police, Fire and Highway make up about 50% of budget.  Our school tax is based 50% on assessment.     Safety
              issues are services that are provided by the town.  Ms.  O’Conner stated that they have made donations to the Fire
              Department.     Mr. Parker stated that the town has not received any donations they must have been made to the private
              organization.   Ms. O’Conner stated they wish to pursue charitable status in NH.  They would be agreeable to making
              donations to the town, they would prefer to do this under their own volition.    Gary Roberge stated that we are  looking
              at 2008 now, then we would look at 2009.   There is a possibility that they did not meet the true definition of the law  for 2008
              under their articles of incorporation.  Once everything is corrected then 2009 would be examined separately.    Carmen Yon
              stated that  going forward they would need to define what part of their property is being used for charitable work.  The only part
              of the property that is charitable is the property that is being used for their purpose.     Gary Roberge question what they feel is
              reasonable to settle for 2008.   Mr. Yon moved to accept the first bill tax payment as payment in lieu of taxes to resolve the
              case, the motion was seconded by Mr. Methe, Mr. Parker abstained.   Ms. O’Conner  stated that she would need to speak with
              Leslie Lightfoot.  She would like to consider this a settlement of a donation to the municipality in the amount of  $5350.77 +

                  Veterans Homestead:   Mr. Parker stated that if they are willing to offer a pilot program then we should consider making
                  this a charitable exemption with the correction to their articles of incorporation.   Gary stated it is a matter if charity is being
                  provided.    Gary stated that it does appear that they are providing a free service.   If they are charging the Veterans then it
                  is not charity.    Mr. Yon stated that he does not think there is a set fee.   Gary stated that if the board  determines that they
                  are exempt, then they have no reason to sign up for a pilot program.   

                 Non Public Session       
                                  At 11:46 pm, Mr. Methe made a motion to go into Non-Public Session under RSA 91 A:3 II (a). Mr. Yon seconded
                            the motion. The motion passed 3-0. Roll Call Vote:  Mr. Parker – yes, Mr. Methe – yes, Mr. Yon – yes.
                               At 11:55 pm, Mr. Methe made a motion to go into Non-Public Session under RSA 91 A:3 II (a). Mr. Yon seconded
                            The motion. The motion passed 3-0. Roll Call Vote:  Mr. Parker – yes, Mr. Methe – yes, Mr. Yon – yes.

                John Fitzwilliam:  Mr. Parker stated that he is questioning if the assessment should be based upon income.  Gary stated
                 that the market analysis is based upon not what he is obtaining in income but on the market average.    
                  Lafreniere property:  Mr. Parker stated that  the board needs to determine if this a buildable lot.   Mr. Parker feels that if
                 this is determined that this is a non-buildable lot then it should be registered with the Registry of Deeds
                Yablonski:  The deeded beach rights are only deeded to him personally it does not go with the house.   Gary Roberge read
                 this document,  and agreed that this adds value to him personally, not market value.   We will make an adjustment of
                White:  Mr. White sent in  a copy of an assessment card of a house of another on his land.  Gary stated that we should be
                 charging the land and buildings to the owner of the land.  Mr. Parker stated that we should look at all of these properties and
                 charge them all to the landowner.    Gary we would want any lease information.    
                 Ad Valorum:  Gary Roberge stated that on our assessment card we have the ability to shut off ad valorum if a property is in
                 current use.  If you show the ad valorum value the state wants to use this information when it sells which skews the values
                 for the assessment ratio.   You do not want to use the Ad Valorum value until an assessor actual looks at  it.  Carmen
                 questioned if  that information would still be there for the Selectmen when they take a property out of current use.   Gary
                 Roberge stated that you  would still need to look at the property to determine the value.          
                 View:  Gary Roberge stated that anything the Selectmen have a question on they should note then he will look at it again.   
                 Mr. Methe stated that he has a problem with a ridgeline view.     Mr. Parker questioned if the lister looks at the view. Gary
                 stated that they are supposed to take a picture.        

***     SELECTMEN CIP:  The board will discuss this on Wednesday evening.  

There being no further business at 12:43 PM Mr. Yon moved to adjourn, Mr. Parker seconded the motion, and the motion passed 3-0

Respectfully submitted,

Debbie Favreau
Administrative Assistant                                                                         
                                                                                                             Carmen Yon, Chairman   
                                                                                                             Michael Methe

                                                                                                             Thomas Parker  

13 Templeton Turnpike, PO Box 725 Fitzwilliam, NH 03447
Phone: 603.585.7723   Fax: 603.585.7744
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