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Bethlehem's current zoning forced NCES to construct very costly disposal capacity within the "51 acres" significantly

reducing the amount NCES could pay in host community fees. That's why the host community fee triples in 2018 when NCES expects to expand outside the "51 acres." While the amount NCES charges per ton of waste is proprietary information, EANNH's suggestion that the average is $60 per ton is significantly overstated. EANNH says: NCES has sued Bethlehem; is violating our zoning laws by building outside the 51 acre limit, filed for tax abatements, received exception (sic) from property taxes, involves itself in our local elections, ignored our votes, and decided to charge for the transfer station they originally agreed to provide for free. The Facts: It is unclear why it matters to EANNH who sued whom, but the fact is that NCES and that town have sued each other. Attachment 3-A contains the court papers with NCES's claims against the town, the town's "counterclaims" against NCES, and the town's 2009 lawsuit against NCES. The superior court has not yet decided whether NCES is violating the town's ordinances. Attachment 3-B is the written agreement between NCES and the Town that this is one of the issues scheduled for trial in March 2012. NCES filed for and received abatements from the New Hampshire Board of Tax and Land Appeals (or "BTLA") after the BTLA determined that the town had overtaxed NCES by over $765,000 over three years. The BTLA's decision and a copy of the Town's refund checks are in Attachment 3-C. NCES applied for and received a tax exemption for most of its property only after the town increased its property taxes by over 4000% in a single year. If your tax bill increased by f forty times in 2012 over what you paid in 2011, you would try to get tax relief, too. After the I BTLA ruled that the town had overtaxed NCES, the company began paying its full property \ J a x e s to the town. Part of the settlement agreement requires NCES to continue paying property taxes as specified by the BTLA. For example, for the 2011 tax year, NCES will pay at least $250,000 in property taxes under the BTLA methodology. Documentation of these facts is in Attachment 3-D. NCES is a citizen and taxpayer in Bethlehem. It has a right to be "involved" in town elections. EANNH's implication to the contrary should concern every fair-minded citizen. NCES has not ignored the town's votes. It has disputed the lawfulness of zoning amendments that would put it out of business, but until the courts have held the town's zoning to be unlawful - which they have on several occasions - NCES has complied with the ordinances.