Henniker’s Unpaid, Un-Redeemed Tax Problem…. Answer: RSA 80:76 Tax Deed…

delinquent-taxes1 (Copy) Trying to understand the overall tax requirements to run a town can be quite confusing. One has to work through a blizzard of RSA’s that regulate how all taxes (including your property tax) are created, levied and collected.

Then there is the creation of the town budget that outlines how much property tax actually needs to be collected. By the way…Department Heads will be presenting their budgets to the Board of Selectmen on Saturday, November 4th and Saturday, November 18th. Both of these meetings will start at 8:30am and be held at the Town Hall.

(I urge the public to attend these two meetings so you can observe how the budget is constructed. The Budget Advisory Committee (volunteers appointed by the BOS) will meet after that to deliberate suggested alterations of the draft budget. Since OHB is on that committee, I will alert you to the time and date of that meeting.)

Once one gets through the above mentioned required rules and regulations, you will discover that Town Government must operate under more rules and regulations  when trying to collect the UNPAID property taxes.

So what did OHB do over the summer? I opened an account online at the Merrimack County Registry of Deeds (click here). Inside this web site one can do title searches of all properties in Merrimack County, including good ole Henniker.

The drop down search menu for documents on this site is extensive, easily over 300 different types of personal documents are indexed and searchable. Including, mortgages, mortgage discharges, foreclosures, property tax lien notices, property tax liens and property tax lien redemption.

RSA 80:76 Tax Deed requires the Town’s Tax Collector to deliver a Collection Tax Deed to the Town on properties that have failed to redeem  properly recorded Tax Lien. (RSA 80:76) 

As er the RSA, the Town of Henniker has the right to refuse the Tax Deed as outlined below:

  • II. Notwithstanding the provisions of paragraph I, the collector shall not execute a deed of the real estate to a municipality when the governing body of the municipality has notified the collector that it shall not accept the deed because acceptance would subject the municipality to potential liability as an owner of property under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq., RSA 147-A and 147-B, and any other federal or state environmental statute which imposes strict liability on owners for environmental impairment of the real estate involved.
    II-a. In addition to the circumstances described in paragraph II, the governing body of the municipality may refuse to accept a tax deed on behalf of the municipality, and may so notify the collector, whenever in its judgment acceptance and ownership of the real estate would subject the municipality to undesirable obligations or liability risks, including obligations under real estate covenants or obligations to tenants, or for any other reason would be contrary to the public interest. Such a decision shall not be made solely for the private benefit of a taxpayer.
    III. When a governing body has, under paragraph II or II-a, served notice upon the collector it shall not accept the deed, the tax lien shall remain in effect indefinitely, retaining its priority over other liens. The taxpayer’s right of redemption as provided by RSA 80:69 shall likewise be extended indefinitely, with interest continuing to accrue as provided in that section. The tax lien may be enforced by the municipality by suit as provided under RSA 80:50, and through any remedy provided by law for the enforcement of other types of liens and attachments. If at any time, in the judgment of the municipal governing body, the reasons for refusing the tax deed no longer apply, and the tax lien has not been satisfied, the governing body may instruct the collector to issue the tax deed, and the collector shall do so after giving the notices required by RSA 80:77 and 80:77-a.

Upon reviewing Henniker and Merrimack County Registry of Deeds records, one will find properties on the Town of Henniker’s Tax Lien list that are more than 2 years un-redeemed and NO Tax Deeds have been executed.

The last tax deed issued and recorded at the Merrimack  County Registry of Deeds is dated August 13, 2014. The 5.6 acre property is located at the corner of Longview Drive and River Road (lot 612-B2)

A review of Board of Selectmen minutes shows no agenda item refusing the acceptance of any Tax Deeds for the reasons indicated in the RSA, despite numerous properties being tax delinquent for more than two years.

WHY?

Part II: how some homeowners, since the 1980’s, have been gaming the system by paying their two year lien in May and in June are right back on the unpaid tax list with a fresh new lien which will be paid in two years.

OHB…keeping it real… making it easier for you to find the facts so you can draw your own conclusions…..

“There are things public officials would never do if they thought somebody might call them out on it.”

http://www.onlyhennikerbruce.com

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Western Ave. Rebuild Project Out of Control…Town Administrator’s Project Reports Not Accurate!

PROJECT MANAGEMENT The BOS has lost control of the Western Ave. rebuild project! The headline in this week’s Messenger newspaper says it all: NON-COMPLIANCE (read here).

In a stunning development, The Messenger is reporting that Town Administrator (TA) Christine Trovato’s report to the BOS have been less than accurate;

      “Compounding the situation, a more serious matter arose last week. A few weeks ago, the Board was informed that the concrete head-walls Road Agent Tom Weston ordered for the project did not match the culverts to be inserted into them, requiring extra time and expense to enlarge the openings. The Board asked the Town Administrator to look into the cause and report back. In an apparent effort to protect Weston, Trovato informed the Board that all headwalls are the same size and need to be enlarged on site, a statement Mitchie Corp, supplier of the headwalls, later adamantly refuted, saying they delivered what was ordered which were improperly installed. A spokesman further stated that Trovato never checked back with them when the problem arose.”

This is not the first time the TA’s actions have been called into question. On several occasions this blog has uncovered situations where policy has not been followed. (read here) (read here)

The time has come for the BOS to take definitive action. I think we all know what needs to be done here… 

 

 

OHB…keeping it real… making it easier for you to find the facts so you can draw your own conclusions…..

“There are things public officials would never do if they thought somebody might call them out on it.”

http://www.onlyhennikerbruce.com

“Older Person” toilet jokes crosses the line Planning Board…Now what???

STINKS (Copy) At the April Planning Board meeting during a discussion about expanding the “Older Person” housing ordinance a joke was made about the bathroom habits of the elderly.

The reaction of the board members is quite disturbing:

So sad to see a Selectman and Planing Board members laughing so hardheartedly at this form of base humor.

What say you voting public?

“There are things public officials would never do if they thought somebody might call them out on it.”

OHB…keeping it real… making it easier for you to find the facts so you can draw your own conclusions…..

http://www.onlyhennikerbruce.comwater users

 

 

 

 

Planning Board Chair Dean Tirrell keeps everyone in the dark…Fails to use tax payer supported web page to inform public…Select Women Hooper fails to advise board of their duty to inform????

A HENNIKER PLANNING BOARD (Copy) Henniker has acquiesced to calls for transparency and has finally begun posting some supporting documents for the Board of Selectmen meetings

One would think that Select Women Hooper would take this initiative over to the Planning Board, where she is the BOS representative, and advocate for the planning Board to do the same.

Apparently not! (agenda)

It would appear that the concept of transparency and participation is not embraced by the Planning Board’s new chairman, Mr. Dean Tirrell.

The June 14, 2017 agenda had a few noteworthy items. I would think that the 202/127 intersection information would be worth repeating at any opportunity.

And, I wonder what Zoning Changes they were talking about last night? As we all have found out…zoning ordinance and planning board policy compliance is not exactly being asked of everyone.

Colby Hill Inn for example. Expansion and creation of their Bar Barn has fail to comply with town policy…and no one seems to care.

If Colby Hill Inn is considered a non-conforming commercial use then any expansion or alteration of their property must go before the Zoning Board for review:

Zoning Regulations; 133-72 Non-conforming Uses Alterations: Alteration, expansion or change of a     non-conforming use or structure shall only be permitted by Special Exception by the Zoning Board of Adjustment if it finds that….

 

If compliant the Colby Hill Inn is required to go before the Planning Board for Site Plan review:

Planning Board Chapter 203; 203-3 Applicability
A.General- Subject to the exceptions stated below, these regulations apply to any of the
following actions, regardless of whether the action includes a subdivision or re-subdivision of the site:
1.Any new commercial,industrial, multi-family development of land (including,
but not limited to, the construction of any building, any addition to a building, any
other structure, or parking areas).
2.Any Change of Land Use, as described below.
3.Any expansion of the physical size of an existing non-residential land use.
B.Definition-A “Change of Land Use” occurs when there is a change in the quality,
character, or intensity of the use of a building or site, such that there is likely
to be a noticeable impact on the neighborhood or the town. A Change of Land Use may occur even though the general classification of use remains the same and even if the proposed change does not involve construction. A Change of Land Use is determined from the most recent use to the proposed use.
The standards of review listed in Article V of these regulations also indicate the kinds of impacts that would be considered in determining whether a Change of Land Use would occur.
OHB is amazed at how our board members just fail recognize they have a duty to follow procedures that will insure public awareness. Why  is that Mr. Tirrell??? Ms. Hooper???

“There are things public officials would never do if they thought somebody might call them out on it.”

OHB…keeping it real… making it easier for you to find the facts so you can draw your own conclusions…..

http://www.onlyhennikerbruce.comwater users

WATER USERS…your next bill will be ($$$/gallon yet unknown and not posted) determined by the electronic water meters!

COST OF GOVERNMENT (Copy) Approximately five weeks from now the residents who have town water will be getting their first water bills determined by the electronic water meters.

Review of the posted minutes reveals that the $$$/gallon is yet unknown to the public. (read here)

What we do know from those minutes is this, “Chief Operator Bumford has been running different formulas for billing purposes.” (page 2) Whatever that means?????

We respectfully request that the town post the $$$/gallon rates as soon as possible.

Good luck everyone!

 

“There are things public officials would never do if they thought somebody might call them out on it.”

OHB…keeping it real… making it easier for you to find the facts so you can draw your own conclusions…..

http://www.onlyhennikerbruce.comwater users

 

 

 

 

$1.5 billion generated by agriculture in NH, $336 M direct sales of agriculture products… a whopping $1.2 Billion attributed to AGRITOURISM…

FARMERS The economic impact trend numbers are pretty clear, Open Space Recreation on NH Farms grew over 300% from 1996 to 2012.

January 1999, the Society for the Protection of New Hampshire Forests published a study detailing the impact Open Space has on NH’s economy.

Agriculture [see Executive Summary table page 1]: Direct income from farm related products in 1996 were $413 M. Direct and Indirect income attributed to Open Space was $377 M.

By 2012, just 5 short years [2007] after the first Agritourism amendment to RSA 21:34 A (read here),  Direct and Indirect income from Open Space Agritourism events  grew by almost 300%, to $1.2 BILLION! (read here)

During that period farms direct sale of farm products dropped slightly to $366 M.

Clearly OPEN SPACE RECREATIONAL Activities play and important role in NH’s overall economy. There should be no doubt that the revenue streams from Agritourism are vital  to our farmer’s survival.

After all…would you want open space or cluster bunched housing???

Does Henniker want  to bring people into Henniker to spend their money and be a player in a $1.2 Billion industry…or not?

By contrast, a Plymouth State study shows that direct and indirect spending by snow mobile activities in 2012 brought in $298 M and independent studies show OHRV-ATV direct and indirect income around $128 M.

We need to wake up and stop destroying ourselves!

 

“There are things public officials would never do if they thought somebody might call them out on it.”

OHB…keeping it real… making it easier for you to find the facts so you can draw your own conclusions…..

http://www.onlyhennikerbruce.com

 

 

 

 

Spencer Bennett tattle tails to town…Steve Forster just trying to have an “occasional gathering of people who are well known and share a warm regard for one another”…and his awful neighbor stalks and takes photos!

lousy neighbors Do you want to live in a town where government officials tell you who can come and enjoy your property?

That is exactly what Town Administrator Trovato wrote to Mr. Forster in a letter dated September 1, 2015. Letter from town of Henniker

Today, May 27, 2017 Mr. Forster is doing just what the town told him he could do, have an occasional gathering of family and persons who are well known and share a warm regard for one another and Spencer Bennett sends a letter to the BOS, Planning Board, ZBA, Town Administrator and town attorney alerting all of them that he wasn’t invited to the gathering of family and he is not a person whom anyone shares a warm regard for!

Tough luck Spencer…NO PARTY FOR YOU!

SO BUZZ OFF PAL!!!

This town has some real problems!

OHB…keeping it real… making it easier for you to find the facts so you can draw your own conclusions…..

http://www.onlyhennikerbruce.com