Board of
Assessor’s Minutes
July 28, 2009
Members Present: Arlene Fogg, Chairperson; Relf Fogg; David Stevens; Rod Wood, Contracted Assessor and Cynthia Bickford, Assessing Technician.
Also Present: John Fournier.
Mrs. Fogg called the meeting to order at 2:10 p.m. and led those present in the Pledge of Allegiance.
John Fournier, Wakefield Tax Map 241, Lot 71. Mr. Fournier would like to know where he stands with the survey he has submitted to the Town of Wakefield. Mr. Fogg questions if the survey has been recorded at the registry. Mr. Fournier states the survey has been recorded in both the Carroll County Registry of Deeds and the Strafford County Registry of Deeds. Mr. Fogg attended the “perambulation” of the lines last Sunday, and as Mark Duffy stated then, the issue is still unresolved. Mr. Fournier believes the tax maps between 1977 and 2003 all agree with the survey provided. The acreage increased in 2005 when the new tax maps were prepared. Mr. Fournier claims Cartographic Associates has no information to back up the acreage increase. Ms. Bickford states the tax maps were compiled from recorded deeds, plans and surveys found at the CCRD. Mr. Fournier stated his deed does not note where the town line is; it describes the entire parcel (located in both Wakefield and Middleton).
Mr. Fogg informed Mr. Fournier that if it is determined the home is in Middleton, there will be no tax relief. The home will begin to be assessed in the Town of Middleton as of April 1. Mr. Fournier understands this and is not looking for any tax relief, he just wants the records to reflect his home is in Middleton and for Cartographic Associates to correct the error on the Wakefield Tax Maps.
Mr. Fournier does not want to spend anymore of the Towns money on attorney fees, but if this is his only recourse he will. Mr. Fournier stated Relf Fogg has a copy of the full survey of the Town line, the Selectmen agreed on bound #2, #4, #5 and #6. Mr. Fogg believes that they should have found marker #1, which is shared by Wakefield, Milton and Middleton (Mr. Fogg had found it by himself earlier). Mr. Fogg stated #2 bound was located near Mr. Loring’s property, #4 was located on Access Road and bound #5 and #6 were also located. In the area of bound #6 there were two separate iron pipes, both going in the same direction located about 15 feet apart. One had a wooden maker with it labeled “property boundary”. Mr. Fogg attended on Sunday due to the fact if the survey is correct, this could affect more than just Mr. Fournier’s property.
Mr. Fournier suggests that the Board look at the tax maps dating back to 1977 and states you would see that the older tax maps correspond with the survey. Mr. Fournier believes the error was made when the building permit was pulled. The old Bosley house which
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burned prior to Mr. Fournier’s home being built was in fact located in Wakefield. The home currently on the property sits back further and across the Town line.
Mr. Fogg encourages Mr. Fournier to be patient, he understands his frustration.
Mr. Fournier states there are two different laws being violated, 1. the perambulation law which the selectmen have chosen not to follow; 2. the assessment law which calls for an accurate marking of all the boundaries. Mr. Fournier refers back to the tax maps being incorrect. Ms. Bickford notes the building owned by Mr. Fournier was identified on the Wakefield Tax Maps prior to 2005, and that home has always paid taxes to the Town of Wakefield. Mr. Fournier believes this was the case because no one had questioned the Town line. He has now questioned the line, produced a survey and wants the records to reflect he lives in Middleton.
Mr. Fogg questioned the assessment law Mr. Fournier had referred to earlier. He believes no one on the Board of Assessor’s or in the Assessor’s Office knowingly wants to violate the law. Mr. Fournier will contact the Assessing Technician with the specific state statute he is referring to.
Ms. Bickford asked where does the Town of Middleton stand? Mr. Fournier states the Town of Middleton is ready to put his home on the tax rolls tomorrow. Mr. Fogg stated this was not discussed between the Town of Middleton and the Town of Wakefield on Sunday. The purpose of the meeting on Sunday was to find the boundaries and finding the boundaries still does not resolve the issue.
Mr. Fournier believes the Selectmen are going to ask for the funds to survey the line in upcoming budget, but wonders what the next step would be if the voters do not approve the funds. This is an ongoing issue, which has been going on for seven years, and he does not want to see it go on for another seven.
Rod Wood asked if there was any discussion for Middleton and Wakefield to come to an agreement. Mr. Fogg believes it is the selectmen’s intentions from both Towns to meet again around the third week in August and to locate the remainder of the monuments. Mr. Fournier believes the Town of Middleton has contracted Cartographic Assoc. for their tax maps.
Mr. Fournier referred to Cartographic Assoc. having no GPS readings. Mr. Fogg may suggest that the next contract with Cartographic Assoc. locate the monuments around Town and provide GPS readings.
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Mr. Fournier stated he does not want to spend the Town’s money, but he has no problem walking out of the meeting, contacting his lawyer and directing the lawyer to start proceedings.
The Board will request to be on the next Selectmen’s agenda in order to discuss which direction to go next. Mr. Fogg is unsure of what the Board of Assessor’s can do at this time except for wishing Mr. Fournier luck in a resolution.
Mr. Fournier believes he has proven beyond a reasonable doubt his home is in Middleton and if he needs to get a Superior Court Judge to make a ruling he will. Mr. Fournier has no intentions of doing any more business with the Town of Wakefield, his registrations have expired and he will not register in Wakefield. Ms. Bickford informed Mr. Fournier that at the time he supplied the Assessor’s Office with a copy of the survey, she contacted the Assessor’s Office in Middleton and the clerk there was unaware of any issues pertaining to the location of his home.
Mr. Fogg moved to meet with the Board of Selectmen on
August 12, 2009 in order to discuss the next step in moving forward towards a
resolution; Mrs. Fogg seconded. Motion
carried 3-0.
Mr. Fournier would like the survey sent to Cartographic Assoc. for the map correction. Mrs. Fogg questions the proper channels. Ms. Bickford believes this should be discussed with the Board of Selectmen first. The Board of Selectmen sign the contracts between the Town and Cartographic Associates. Mrs. Fogg believes Cartographic Associates should be present at the meeting. Ms. Bickford believes there would be a charge to have Cartographic Associates attend a meeting, and suggests this also be discussed with the Board of Selectmen before making a decision. The survey will eventually need to be sent to Cartographic Associates since they review and plot recorded plans yearly. Each year the tax maps are updated as of April 1st.
Mr. Fournier asked the Board of Assessor’s to review the old tax maps from 1977. Mr. Fogg asked for the plan book and page information from the registry. Mr. Fournier will contact the Assessor’s Office later today with the information.
The Board thanked Mr. Fournier for his time.
Ms. Bickford informed the Board she had received a call from Charles Arsenault (son of Josephine Borracci). Mrs. Borracci was contacted by the Board of Selectmen back in 1998 for a property listed as “owner unknown”, stating after considerable research at the CCRD, Gordon Wiggin determined Mrs. Borracci was the most likely owner of the property.
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Mrs. Borracci signed a document at that time which states she wished to be shown as the owner of the property. Mrs. Borracci is now deceased. The property she did own (the home site) has been sold by the estate and Mr. Arsenault is still receiving the tax bill for Map 184, Lot 39. He wishes to give this land back to the Town. His mother did not receive a deed for the property; therefore, he is unsure how to transfer the land. He had thought that the small piece would have transferred with the home sale.
Ms. Bickford suggested that he contact the title company for the home sale, seek legal advise or write to the Board of Selectmen with his wishes to give the land back to the Town. Ms. Bickford is unable to locate any of the research documentation other than the letters sent from the Selectmen’s Office to Mrs. Borracci.
Ms. Ruth Bateman came by the office to obtain a map of her land. It is her intentions to sell off the smaller parcel of the two. Ms. Bickford had explained to her the tax maps identify only one parcel of land and in researching the parcel, Ms. Bateman has been paying taxes on one parcel of land since the early 70’s.
Ms. Bateman has since sent in a request that the Town now delineate both separate parcels of land. She had originally acquired one parcel in the early 50’s and then purchased the smaller parcel a few years later. She later put the land in a trust and described the two tracts of land on one deed. Ms. Bickford is unsure when these parcels were combined for tax reasons.
The Board reviewed the deeds dating back to 1951. Rod Wood stated he has run into this situation in Northwood and was told he shall assess them as separate tracts of land. Ms. Bickford states in reviewing the information, no record of a “lot merger” could be found.
Mr. Fogg believes it is in the Town’s best interest to
recognize both tracts of land. Mrs.
Fogg moved to identify two separate tracts of land for Ms. Bateman, Mrs. Fogg
seconded. Motion carried 3-0.
Abatements
Map 34, Lot 53 and Map
233, Lot 16 were taken by the Town for back taxes. The deed was not recorded until recently, therefore the taxes
need to be abated for the 1st half of 2009.
Mr. Fogg moved to approve the abatements for the property currently listed as “tax acquired property”; Mrs. Fogg seconded. Motion carried 3-0.
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Site Visit
The Board of Assessor’s
and Rod Wood met with Mr. Wessell earlier today on site to view the vacant
waterfront parcel; Map 53, Lot 10.
After conducting the site visit and reviewing the deed, Mr. Wood
recommends a change to the condition factor of 12%. Mr. Fogg moved to adjust the condition factor by 12% for
the parking area, Mrs. Fogg seconded.
Motion carried 3-0.
Minutes
Mr. Fogg moved to approve the June 23, 2009 minutes as written; Mrs. Fogg seconded. Motion carried 3-0.
Adjournment
Mr. Stevens moved to adjourn at 3:25 p.m.; Mr. Fogg seconded. Motion carried 3-0.
Respectfully Submitted,
Cynthia Bickford
Assessing Technician
Approval of Minutes:
________________________
Arlene Fogg, Chairperson
________________________
David Stevens
________________________
Relf Fogg