Non-Public BOS Session Scheduled (October 15, 2018)

By Muriel Bristol | October 14, 2018

The Milton Board of Selectmen (BOS) have posted their agenda for a BOS meeting to be held Monday, October 15.

The meeting is scheduled to begin with a Non-Public preliminary session at 5:00 PM. That agenda has a single Non-Public item classed as 91-A:3 II (j).

91-A:3 II (j). Consideration of confidential, commercial, or financial information that is exempt from public disclosure under RSA 91-A:5, IV in an adjudicative proceeding pursuant to RSA 541 [Rehearings and Appeals in Certain Cases] or RSA 541-A [Administrative Procedure Act].

The sole Non-Public item (the “j” item) might still relate to abatements. Of course, it could be anything at all. Maybe the old fire station still. It has been suggested to us before last time that it might have to do with discussing revisions of employee manuals and employee insurance buyouts, issues that have been mentioned in the open sessions.


The BOS intend to adjourn their Non-Public BOS session at approximately (*) 5:30 PM, when they intend to return to Public session.

The Public portion of the agenda has new business, old business, and the approval of minutes.

Under new business is scheduled 1) Additional Public Comment Discussion (Ryan Thibeault), 2) Halloween Street Crossing Safety Request (Jeffrey Azjicek), 3) Acceptance of Highway Safety Grant (Richard Krauss), 4) Unsealing of Nonpublic Meeting Minutes: 7.10.18 and 9.24.18 (Ryan Thibeault), and 5) Retract Parking Ordinance (Ryan Thibeault).

Some residents have pointed out that under the new By-Law format, having Public Comments at the beginning of the meeting prevents any comments having to do with the meeting itself. They would necessarily lag always behind: commenting only about the prior meeting or general issues. This discussion would explore the possibility of having two Public Comment sessions, one at the beginning and another at the end of the meeting.

The Halloween Street Crossing Safety request may relate specifically to the upcoming Trunk-or-Treat event or to general street-crossing safety on and around Halloween.

Chief Krauss wants the BOS to authorize acceptance of a Highway Safety Grant. He last appeared for this sort of thing in seeking authorization for acceptance of a Federal Seatbelt enforcement grant. It is always wise to beware of grants. They come with attached strings. The granting authority gets to redirect your resources to their ends. But, you still get to fund the long-term expenses for those resources.

The BOS will be lifting the veil from several Non-Public matters from their July 10 and September 24 meetings. Their September 24 Non-Public session dealt with two 91A:3 II (c) matters and a  91A:3 II (j) matter (similar to that that will lead off this meeting). There was no July 10 meeting, unless they mean July 10 of 2017. That meeting was a busy one. Among the matters discussed then was the old fire station.

Retracting prior parking ordinances is a bit of housekeeping. White Mountain Highway is a State highway. Milton has little authority over it, if any. A prior BOS got overly excited and passed a parking ordinance for which they lacked any authority at all. It would be like someone setting dinnertime at your house or arranging the cars in your driveway. This BOS has been wrestling with similar signage and other issues on the State’s White Mountain Highway.

Under old business is scheduled a discussion of the departmental budget submissions of September 24, and October 1. Also departmental presentations previously scheduled, but for which time did not allow: Town Clerk/ Tax Collector, Welfare, Town Administration, and Government Buildings.

Under other business is scheduled the third round of departmental budget presentations. Those will include (time permitting) Sewer, Treasurer, Moderator, Supervisor of the Checklist, Trustees of the Trust Fund, Cemetery, Assessing, Police, Recreation, and Insurance/Benefits.

Finally, there will be the approval of prior minutes, expenditure report, Town Administrator comments, and BOS comments.

References:

State of New Hampshire. (2016, June 21). RSA Chapter 91-A. Access to Governmental Records and Meetings. Retrieved from www.gencourt.state.nh.us/rsa/html/VI/91-A/91-A-3.htm

Town of Milton. (2018, October 12). BOS Meeting Agenda, October 15, 2018. Retrieved from www.miltonnh-us.com/uploads/bos_agendas_833_2416655218.pdf

Let’s Start a Pool

By S.D. Plissken | October 13, 2018

Milton has “enjoyed” an unprecedented increase in the size and cost of its Town government for over a decade now. That cost increase has been greater than the official rates of inflation over the same period. It has certainly been increasing faster than the disposable incomes of those who are being taxed to cover it.

Some have characterized this increase trend as an unprecedented “engorgement” of Town government. Now, when a snake swallows a goat or a lion eats a gazelle, they seek some safe spot to lay quietly while they digest their meal. We have the same impulse after Thanksgiving dinner. (Sherlock Holmes never eats while he is on a case). Is it not time for the Town government to take a nap? A good, long nap, long enough for everyone else to wash the dishes.

If Town budgets increase at rates greater than taxpayer incomes do, that necessarily represents a redistribution – a net decrease in taxpayer incomes and a corresponding net increase in the proportion taken by Town government.

Obviously, that can not continue for long – it is the very definition of unsustainable. The trendline of what the Town wants and that of what the taxpayer can afford have long since diverged. Its logical end point is the bankruptcy of the taxpayer.

Anybody following local social media will have seen comments, quite a few of them, from people who have left Milton, who are in the process of leaving Milton, or who feel that they will have to leave Milton soon. That is only anecdotal evidence but, logically, it would have to happen at some point. You might consider these poor souls as our canaries in the coal mine. They serve as a warning that the air is getting bad here.

The supposed point of a Capital Improvement Program (CIP) plan is to prevent individual Town budget “spikes,” of larger-than-usual expenses, by spreading them out over a number of years. That is what we have been told, over and over again.

But, in order to be sustainable, Town budgets should not rise at rates that are greater than the rate of inflation. If the CIP plan consistently recommends an unsustainable spending trendline, one that is consistently rising above the rate of inflation – then the plan is itself just one giant combined “spike.”

Chairman Thibeault read some “highlights” from the CIP at the last Board of Selectman’s (BOS) meeting. Near the end of his recitation:

Chairman Thibeault: The [Planning] Board continues to recommend the potential increase of no more than 3% for year-over-year total capital expenses. This current … for 2018-19 stands at approximately 3.8%.

The Federal government’s year-over-year inflation rate for 2017 (the year upon which this year’s Town budget should be based) was 2.1%. The Planning Board recommended an increase of “no more than 3%.” Obviously, that would be far too much. The additional 3.8% figure, where 2018-29 “stands,” would be nearly double the rate of inflation. Cloud-Cuckoo-Land really.

We are now entering the BOS budget season. Let us establish some performance metrics for them. If their overall budget number comes in larger than last year, then the BOS will have failed. A tax increase will follow.

If their overall budget number decreases, then the BOS will have succeeded. They might accomplish that by cutting expenses. They might also accomplish that by extending their timelines: saving for purchases over a greater number of years. (I see, it would be almost as if you devised some sort of plan that took some account of our ability to pay).

(Have you heard of the experiment in which the ability of children to defer gratification is tested? They are told they can have one candy now but, if they can wait for a period of time, they can have two candies later? Most chose the one candy now. Of course they do).

If their overall budget number remains the same, the BOS will at least have held the line. Taxes will not rise further than their current unsustainable level. If they were to hold the line for a number of years, our incomes might begin to catch up to where we might take a breath.

(Watch for the $1.4 million taken in error last year to re-emerge in some fashion from wherever it has been hiding. It was represented then as a calculation error. That is to say, its taking was never authorized by your vote. The then BOS directed you to the abatement process. A tiny fraction of a fraction of those affected found some relief there. For the rest of you, I have bad news: you got snookered. The current BOS still has the money and has given no indication of returning it).

The BOS might either succeed, succeed partially (by holding the line), or fail utterly. Maybe we should start a town pool. Or, maybe it should be some sort of over-under kind of thing. (I am not much of a gambler). Let’s see, that would be $4,508,365 x 1.038 = $4,679,683. Who wants to bet “over”?

References:

Town of Milton. (2018, October 1). BOS Meeting, October 1, 2018. Retrieved from youtu.be/jLkGCxJjXeg?t=640

Town of Milton. (2018). Tax Comparison Chart for 2017. Retrieved from www.miltonnh-us.com/uploads/index_714_406409677.pdf

Wikipedia. (2018, October 3). Stanford Marshmallow Experiment. Retrieved from en.wikipedia.org/wiki/Stanford_marshmallow_experiment

 

 

A Slip of the Tongue: May Vs. Shall

By S.D. Plissken | October 3, 2018

At last Monday’s meeting of the Board of Selectmen (BOS), Chairman Thibeault made a slip of the tongue regarding the legal force of the Capital Improvement Program (CIP) plan.

Chairman Thibeault: Alright. Next on the Agenda, 2019-2024 CIP Discussion. I put this on here. So, the Planning Board has been working on this, along with the department heads, for basically all year and it was approved at the public hearing on September 18. We’ve all received copies of that. Hopefully, we all have had a chance to review it. So, I guess I’ll open it up to any discussion or comments from the board.

Vice-chairwoman Hutchings: Are we voting on it now?

Thibeault: I would recommend that we accept it, but I wasn’t sure if we want to discuss it first. If you want me to go through and highlight some things, I will. Yes, no?

Selectman Lucier: Yep.

Thibeault: Alright. So, the Capital Improvement Program is an annual recommendation report for the Board of Selectmen and the Budget Committee. It is mandated under New Hampshire RSA 674:5 [through 674:]8.

Screech. Stop right there. That is … less than accurate. The BOS is not so mandated. RSA 674:5 states clearly that the BOS may authorize the creation of such a CIP recommendation, which may encompass this or that content. RSAs 674:6 through 674:8 state clearly that, when requested, the Planning Board or CIP committee shall create one in a certain manner and that, having prepared such a recommendation, they shall submit it to those that requested it.

The difference between “may” – things the BOS might do, but only if they like – and “shall” – things the BOS must do, even if they would rather not – is a mile wide.

The BOS may choose to request such a CIP plan or they may choose not to request such a plan. The Planning Board shall submit one to the BOS upon their request. The Planning Board has no choice. At which point, the BOS may choose to use it, in whole or in part. They may equally choose to throw it away, draw pretty pictures on it, or wear its pages as dunce caps. They are not mandated to do any particular thing with it.

Chairman Thibeault likely wants to amend his characterization of a CIP mandate, for accuracy’s sake. The BOS faces no such mandate to either create or implement one – no irresistible force, no unmovable object. The RSAs will not “make” the BOS do whatever it is that he contemplates, they do not escape responsibility for their actions.

Quite the contrary. If that CIP plan proposes yet more tax increases, the BOS has a positive obligation to those it represents to disregard those aspects of it. That would go double if, say, it included things already rejected at the ballot. Otherwise, why have such things on the ballot at all? That would be just silly. (Vice-chairwoman Hutchings sensed this in some inchoate way).

Unless the BOS does not represent the interests of the voters, but some other interest instead. But what could that be?

Aah, the Town government. The interests of the voters and the Town government have diverged. Well, that can happen. One group wants to reverse the trend of many years of increasing taxes and the other wants those increases to continue. It is insatiable, really.

(Chairman Thibeault goes on to say that CIP plan recommends continuing the usual above-inflation-rate tax increase of 3.0% while, elsewhere, in the very same document, the plan recommends also an even-greater-than-usual tax increase of 3.8%).

So, our paths diverge in a wood and the voter’s interests took the one less traveled. And that will make all the difference. (Apologies to Robert Frost).

One hopes we take that less-traveled path. We need a break, a very long break, from above-inflation-rate tax increases. You can not tax your way to prosperity. And the BOS represents us, as opposed to the Town apparatus. Surely, they would never work against our interests? That is why the BOS exists, after all – to represent our interests.

Well, that is the nub of it, isn’t it? I guess, we shall have to wait and see. We have no other choice.

References:

Collins Dictionary. (2018). Nub. Retrieved from www.collinsdictionary.com/dictionary/english/nub

Frost, Robert. (1916). The Road Not Taken. Retrieved from www.poetryfoundation.org/poems/44272/the-road-not-taken

Town of Milton. (2018, October 1). BOS Meeting, October 1, 2018. Retrieved from youtu.be/jLkGCxJjXeg?t=332

State of New Hampshire. (1983-2017). RSA Chapter 674: Local Land Use Planning and Regulatory Powers. Retrieved from www.gencourt.state.nh.us/rsa/html/lxiv/674/674-mrg.htm

Multi-Millionaire Says “Enough”

By S.D. Plissken | September 29, 2018

A commenter sent me a newspaper article from the Laconia Daily Sun of September 28. It takes place in Alton, but makes several points that are pertinent here as well.

It concerns a multi-millionaire who is trying to sell his 19-acre waterfront estate. He put the property on the market for $49 million dollars four years ago (2014). He halved the price two years ago (2016) to $25 million. It is currently assessed for tax purposes at $23,109,500. (As if you can actually rate it to the nearest $500, when dealing with these numbers). It is currently offered at $17.8 million.

Note that the estate is not “moving.” In economic terms, the market did not “clear” at the $49 million, $25 million, $23 million, nor yet at the $17.8 million prices. Multi-millionaires and tax assessors can have their fantasies but the market determines the price and they do not. Of course, sufficient sales data must be somewhat difficult to obtain for 19-acre multi-million dollar waterfront estates.

Bahre paid $309,280.17 in property taxes! I know, this guy is a selectman’s dream. This summer, Alton reduced his valuation by $936,400 and refunded $12,092 in taxes from the 2017 year.

Bahre is suing the Town of Alton, because their valuation is still $5,355,811 higher than the asking price at which the property does not “clear.”

The article notes parenthetically that

At $14.98, Alton has one of the lowest tax rates among communities with extensive waterfront on Lake Winnipesaukee. Moultonborough’s rate is considerably lower, at $8.22 per $1,000 of assessed value. But Wolfeboro, Meredith, Gilford, and Laconia are higher, with tax rates of $14.98, $15.23, $17.26 and $21.03 respectively.

Now, from my relative hovel in Milton, any one of those “higher” rates seems vastly better than our $25.89. We began below the high end of this “higher” rate list eleven years ago, and rose, and rose, and rose, peaking at $28.60 in 2015 and $28.40 in 2016. Then BOS Chairman Rawson was asked last year what rate would finally be “too high.” He said $30, $30 per thousand would be too high. (“Miss me yet?”)

Only the phantasmagorical flash valuation of last year allowed the Milton selectmen to “cut” us to $25.89. Well, yes, there was not much pain in it for them. Fantastically high valuations combined with a slight cut in rate produced a fantastically higher bottom line still. (And they did not even get it right).

This Alton multi-millionaire guy can probably afford to sue the Town of Alton into the ground, so this will be interesting to watch. And the premise of his suit is itself interesting. The Town’s high tax rate – yes, he means the $14.98 – is scaring off potential buyers. He cannot realize the full value of his property because of high taxes.

Fascinating as all of that is, the real nugget was buried near the bottom of the article:

The suit filed by attorney Margaret Nelson on behalf of the Bahres, argues, “Even affluent potential purchasers are concerned about the very high tax burden, especially in light of recent changes in the federal tax law regarding the deductibility of property tax expenses.”

Beginning with this federal Income Tax year, taxpayers will only be able to deduct $10,000 in state and local taxes from their income tax.

Yes, you read it right. If a business bears a tax burden that is greater than the deductible $10,000, the portion above that amount is no longer deductible from Federal taxes. Remember, they pay a local NH State Business Tax too.

The Feds just stopped subsidizing places with high local taxes. For a valuable property, having it in Milton, or California, Connecticut, Massachusetts, New York, etc. – all high tax places – just became even more expensive than last year.

What effect might that have on businesses? Would taxes even higher-than-high tend to make Milton more attractive to them or less?

You figure it out.

References:

Laconia Daily Sun. (2018, September 27). Bahre sues Alton, alleging taxes on lakefront estate scaring away buyers. Retrieved from www.laconiadailysun.com/news/local/bahre-sues-alton-alleging-taxes-on-lakefront-estate-scaring-away/article_7132b470-c0eb-11e8-ac87-472a3856d0fc.html

 

Non-Public BOS Session Scheduled (October 1, 2018)

By Muriel Bristol | September 29, 2018

The Milton Board of Selectmen (BOS) have posted their agenda for a BOS meeting to be held Monday, October 1.

The meeting is scheduled to begin with a Non-Public preliminary session at 5:00 PM. That agenda has two Non-Public items classed as 91-A:3 II (a) and 91-A:3 II (c).

91-A:3 II (a). The dismissal, promotion, or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against him or her, unless the employee affected (1) has a right to a meeting and (2) requests that the meeting be open, in which case the request shall be granted.

The first matter (the “a” item) suggests that some Town employee is getting either a kick in the pants, a pat on the back, or a kiss in the mail.

91-A:3 II (c). Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the public body itself, unless such person requests an open meeting. This exemption shall extend to any application for assistance or tax abatement or waiver of a fee, fine, or other levy, if based on inability to pay or poverty of the applicant.

The second matter (the “c” item) might relate again to the recent tax abatement process. Although one would think they would have worked their way through those by now. It might by now be one of the other reasons cited in by the code.


The BOS intend to adjourn their Non-Public BOS session at approximately (*) 6:00 PM, when they intend to return to Public session.

The Public portion of the agenda has new business, old business, the next wave of departmental budget presentations, and the approval of minutes.

Under new business is scheduled: 1) Town Planner Contract Acceptance (Heather Thibodeau), 2) 2019-2024 CIP Discussion (Ryan Thibeault), and 3) Conservation Commission Non-Voting Member Position Discussion.

The CIP (Capital Improvement Plan) is the method by which the departments fast-track their “capital” expenses past the ballot. By definition, government has no capital. No one invests in it. It has no income apart from what it levies in taxes and fees. Government is a consumer and its inventory consists of consumption goods purchased with tax money. For that reason, some have termed this the Tax Acceleration Plan (TAP) instead.

Under old business is scheduled: 4) Downtown Parking Discussion Follow up (Rich Krauss), 5) Townhouse Heating/Cooling Discussion Follow up (Erin Hutchings), 6) Recreation Revenue and Office Discussion (Ryan Thibeault), and 7) Selectmen Discussion of Budget Presentations from 9.24.18

Chief Krauss returns to speak again on downtown parking issues. Winter is coming. Townhouse heating problems appear for the fifth time.

Chairman Thibeault will speak on Recreation Revenue. In prior meetings, the BOS was unable to distinguish between beach admittance money and boat ramp money. The Recreation Office discussion likely proceeds from Selectman Lucier’s expressed desire to shut down the Beach’s satellite office for the winter.

The BOS will discuss the prior (September 24) meeting’s annual departmental budget submissions. That bears watching. The prior meeting’s installment of departmental budget submissions included Economic Development, Budget Committee, Fire, Emergency Management, Library, Welfare, Town Clerk/Tax Collector, and Outside Appropriations. (Not in that order).

This meeting’s installment of departmental budget submissions includes (time permitting): Planning & Code Enforcement, Planning Board, Zoning Board of Adjustment (ZBA), Conservation, Town Administration, Government Buildings, Solid Waste, Highway, and Debt Services.


Mr. S.D. Plissken contributed to this article.


References:

State of New Hampshire. (2016, June 21). RSA Chapter 91-A. Access to Governmental Records and Meetings. Retrieved from www.gencourt.state.nh.us/rsa/html/VI/91-A/91-A-3.htm

Town of Milton. (2018, September 28). BOS Meeting Agenda, October 1, 2018. Retrieved from www.miltonnh-us.com/uploads/bos_agendas_831_676618924.pdf

ZBA Meeting and Some Anecdotes

By S.D. Plissken | September 28, 2018

Last night, the Zoning Board of Adjustment (ZBA) approved the variance for the Binker Brothers (Chris and Michelle Penta) to use their own Grange property in a commercially-zoned part of Milton Mills as a retail antique shop. The vote was unanimous.

Hurray! But it is not over. The ZBA mentioned several times that there was a follow-on stage in which the Planning Committee, the DPW, and the Police would have to approve also. The Police were to decide if the presence of three or four cars would obstruct visibility.

And if someone appeals in the next thirty days, the whole process can begin again.

There you find one of the thorny knots that obstruct businesses in Milton. All of these boards and committees are overlapping, interlocked, referenced, and cross-referenced, working from manuals originally copy-and-pasted from State exemplars and then “tweaked” over the years to make them even worse. And therein lies a problem.

My late grandfather worked all his life as a tool and die maker for the General Electric Company (GE). I often helped him do various household projects in his retirement years – painting the house, repairing the roof, building a wall, etc. He had a sort of joke that he would make when he had considered some way or means of accomplishing our objective and then rejected it. He would invariably say, “We’ll send that to Planning.” At the GE, that was what they always said when they tabled things, usually forever. Planning was where ideas went to die.

I have an acquaintance who grew up in Massachusetts. (He escaped). That acquaintance told me a story of how they think there. In the police section of his hometown’s annual Town Report, every year, the Police Chief would document with impressive charts and graphs the particular intersection that had experienced the most accidents in that year. Now, this was never “Death on the Highway.” You could count the  minor fender-bender accidents on one hand. And the solution to this grave problem? They would put up a traffic streetlight in that intersection.

Can you guess what happens next? In the next year, another intersection would move to the fore as being now the one that had the most fender-benders. And the solution to that new problem was to put up another traffic streetlight. And so on, through all the years, until nearly every intersection in town had a traffic streetlight. You may well imagine that there were still minor fender-benders, maybe even more than before, but they had created also a new traffic congestion problem.

When all you have is a hammer, everything begins to look like a nail. My friend heard recently that the proposed solution to the manufactured traffic congestion was to make all the major streets in town into one-way streets. (Rochester went this way). The townspeople finally rebelled and said “no.”

We may note that reversing the original failed idea is never seriously considered. When some ill-advised government notion fails, some additional complication, or some further intervention, is always the “fix” instead.

I employed a contractor last winter for a household project. He reminded me that “all of the towns around here” had created their various boards and committees at just about the same time – the late 1970s and early 1980s. (One might even suspect they all got their bad advice from a single source). He said that “the general idea was to make sure that nothing ever changed.”

I will take that with a grain of salt, but it is true that the net effect of a passel of committees with overlapping and competing authorities is to impede change. That is how Hitler managed his satraps – he set them all against each other with overlapping authorities. Only he could “resolve” the bureaucratic differences that inevitably arose. Stalin was the same. That is the way authoritarians think.

Everyone seems to think that the Milton town government needs to “encourage” businesses. I do not know from where this bad idea comes. (Maybe the same source as the committees). It is obviously wrong, but is also obviously widely held.

But, putting that aside for a moment, if you really want to “encourage” businesses, I mean, if it is really more than just lip service, why not separate the overlaps of these committees? (Use an axe). Does the ZBA really need to reference the DPW, the Police, and Planning as the next stage for a simple variance?

I am certain – absolutely certain – that a typical Grange meeting took up more parking space – with horses and buggies – than the Binker Brothers will ever have at any one time as antiques customers. And horses are generally taller than cars. Did the Police of that time have to pass on “visibility” before the construction of the Grange hall could proceed? Of course not, they would have regarded that as absurd and tyrannical.

Or go the other way. Combine the committees that have overlapping authority into fewer committees. The Planning and Zoning were originally one entity. Right now, you are just stuck in a bureaucratic morass. “Less is more.”

Get out of the way. And reduce taxes. Do that first. Then do it again. Lather, rinse, repeat. That would be the most “encouraging” thing that could be done. Who knows which of the fine home businesses on the Milton Made Products Site might blossom into something bigger and better if the ever-increasing demands of the town apparatus were not sapping their strength?


By the way, when one is going through a list of standards, each one of them is a criterion. Criteria is the plural. This is similar to data (plural) and datum (singular).

Facts, Rumors, and Rumors about Facts

By S.D. Plissken | September 27, 2018

Just rumors. Really, rumors? Or are they just facts that you don’t like?

Closing of China Pond

On Tuesday, September 25, 2018, a sympathetic resident posted on local social media (Our Milton Home Facebook Group) that “China Pond is closing forever! I am devastated!!!!” When asked about this, the resident replied,

No. She [i.e., one of the owners] told me they couldn’t get the proper [State] permits [for Ray’s Marina]. Their lease [on China Pond] is up on October 7th and they’re gonna take a break and spend quality time with their children.

This seems pretty straightforward. The resident poster spoke with one of the owners and then reported what they had said.

It is not the State’s fault that the Cumberland Farms landlord raised the rent on the China Pond tenant. The State only is to blame for years of permitting issues having to do with parking at the hoped-for Ray’s Marina complex restaurant.

Cumberland Farms is not to blame for raising the rent on China Pond at the expiration of the lease. The Town of Milton is responsible for that. What did you suppose would happen when taxes are increased at double the rate of inflation for over a decade?

The Town of Milton imposed exorbitant taxes on Cumberland Farms (and all the rest of us); Cumberland Farms simply passed that increase on to China Pond at its earliest opportunity – the expiration of the lease. That is the way of the world and completely to be expected. In effect, the Town of Milton raised China Pond’s rent. And yours, and mine.

By the way, one of our commenters says that the Board of Selectmen (BOS) knew about the China Pond closing a couple of weeks ago. Selectman Lucier mentioned it in a BOS Meeting. At present, that is just a rumor, although one capable of being checked. (Editor’s Note: This has since been verified. Selectman Lucier announced the China Pond closing in the BOS Meeting of September 10, 2018).

Ray’s Marina

Ray’s Marina closed in 2002 after fifty years in business. According to the Town’s online assessing database – Avitar – the property was sold to Ocean Management Group for $742,000 on August 13, 2007. Those would be the people that had RVs displayed there for sale for some years before the recession. The businesses that suffer most in a recession are those that sell “optional” products, such as RVs. Did the Town “encourage” them in any way? No, it continued to raise their taxes, despite the recession. TD Bank called in their mortgage on May 30, 2013.

The current owners bought the property for $180,000 as Gold River, LLC, on August 21, 2015. (Note the $570,000 drop in price from the foreclosed bubble price of $750,000 to the reality price of $180,000). Gold River has presumably been paying Milton’s ever-increasing taxes on that amount for three years now. It is currently assessed at an increased value of $189,900.

By calculation, that would be about $4,916 in taxes this year, about $5,370 last year, and about $5,140 the year before. Gold River will have paid a three-year total of about $15,246 in taxes on a non-performing property. That is to say, nothing at all came in the door and $15,246 went out the door. They have paid already something like 8.6% of the purchase price in taxes alone, while seeking State approvals.

The costs are a fact. Ask yourself, if this were you, how long could you keep paying that much for a non-performing property? Not long, that is a fact too.

Binker Brothers Antique Store

On August 3, Mr. Elder posted regarding Chris and Michelle Penta’s purchase of the old Grange building for their Binker Brothers’ Antiques business. He congratulated them on their commitment to remaining in Milton Mills. The Pentas posted on August 9 that they had begun renovations and were seeking information about contractors. Chris Penta sought to get rid of old appliances on August 14.

But there was a dark cloud on the horizon, a Town of Milton-shaped cloud. Michelle Penta posted on September 2:

Starting a business has many necessary steps. Apparently our town has one additional step that doesn’t exist in other communities. It is a step that delays opening/generating income by AT LEAST 30 days. This has been a roller coaster ride with many ups and downs. Receiving all the encouraging words and support from other residents gives us the motivation to keep on going. Maybe together we can work towards changing the process to be more user friendly, for the next person who wants to create something great in our town.

This would appear to be referring to a particular definitional twist. The property is zoned “commercial,” which you might think would include a little antique shop. No, that is a “retail” use. I suppose the Pentas can open all the shoe factories that they want, such as used to exist in Milton Mills, but not a retail antique business. Unless they get a variance. Really?

Michelle Penta posted again yesterday:

Chris Penta and I have been diligently preparing and the time is here! We are going before the zoning board to seek approval to open an antique store in Milton Mills on Thursday 9/27 at 6pm. Endorsement from residents is powerful! This is a public hearing. Anyone can attend and speak. If you want to see a fabulous store that supports local artists and sells ridiculously cool stuff, please show up on Thursday! We are super excited, hopeful yet nervous! The zoning board approval is critical! Your presence would be greatly appreciated!!!

So, I do not see that anything said yesterday was only a “rumor.” It seems pretty fact-based to me.

China Pond is closing because their rent went up. Their rent went up because Cumberland Farms passed their Town of Milton tax increases on to their tenants. No surprises and no rumors there, just basic economics. The taxes are what economists call a “pass through” expense – they go right on through to the tenant. The Town raised the rent.

The Ray’s Marina restaurant project stalled on State regulatory issues regarding parking availability. Thank the State for its help. However, the Town of Milton tax rates definitely contributed to the financial pressure on those prior owners during the “great” recession. And it has been no picnic for the current owners either. The numbers are right there in Avitar. They are stalled by the State and the Town of Milton is bleeding them dry. Discouraging.

The Binker Brothers’ antique store is stalled on the Zoning Board of Adjustment’s (ZBA) interpretation of what constitutes “commercial” use. Factories, yes, quaint antique stores in renovated historical buildings, not so much. (It depends on what the meaning of ‘is’ is).

I have no words. The meeting is posted by the Milton ZBA and the antique entrepreneurs have asked us to attend.

Evidently, we should all be there with bells on. We’ve been invited. Tonight at the Emma Ramsey Center, at 6:00 PM. That is the rumor anyway. Pitchforks optional.

References:

Binker Brothers Antiques. (2018). Binker Brothers Facebook. Retrieved from www.facebook.com/Binkerbrothers/

Milton NH Community News. (2018). Milton NH Community News Facebook Group. Retrieved from www.facebook.com/ourmiltonnews/

Our Milton Home. (2018). Our Milton Home Facebook Group. Retrieved fromwww.facebook.com/groups/OurMiltonHome/

Town of Milton. (2018). Assessment Data Review Online (Avitar). Retrieved from data.avitarassociates.com/logondirect.aspx?usr=milton&pwd=Milton

Town of Milton. (2018, August 17). Case2018-2 Request for Special Excpetion [Sic], Chris & Michelle Penta. Retrieved from www.miltonnh-us.com/uploads/zba_189_808339455.pdf

Town of Milton. (2018, September 10). BOS Meeting, September 10, 2018. Retrieved from youtu.be/PlwhI_Uz_rs?t=1673

Town of Milton, ZBA. (2018). Agenda. Retrieved from www.miltonnh-us.com/uploads/zba_189_2246368897.pdf

Zài Jiàn to China Pond

By S.D. Plissken | September 26, 2018

If local social media is accurate, the owners of the China Pond restaurant intend to close it, when their lease expires on October 7. The owners intend to spend more time with their family instead.

If I have understood my fortune cookies correctly, which is doubtful, zài jiàn is Mandarin Chinese for goodbye. (Apologies in advance for any Mandarin error). So, zài jiàn to China Pond. I hope you fare well in whatever comes next for you.

As I understand it – from very far outside – the owners had hoped to set up an American-style restaurant, as well as a couple of apartments, in the old Ray’s Marina complex. This proved to be impossible due to permitting issues. The current permitting issues, at least the insurmountable ones, are said to be with the State, and have to do with parking. This has gone on for several years now.

From afar, I have often wondered if they might rent the use of ten or a dozen spaces from the Dollar General complex across the street. I have never seen the Dollar General parking lot full, especially out at the margins, because most of its customers park naturally near the store entrance. Some spaces along the street would be relatively far from the Dollar General’s entrance and relatively close, if not actually closer, to the Ray’s Marina complex.

Too bad. It might have been sort of a win-win: extra money for Dollar General and parking access for the intended restaurant across the street. There is probably some sort of regulation that forbids such a solution. There usually is.

I shudder to think of the regulatory tortures of the damned that have been imposed upon these hapless restaurant entrepreneurs. This has been going on for a couple of years now. Again, from afar, they seem to have purchased the Ray’s Marina property. (I could be wrong). That is a pretty big investment. Now add a couple of years of Milton’s crushing tax burden to a non-performing property. And, as the cherry on top, a couple of years of legal expenses wrestling with boards and regulatory officials. Their working capital must be pretty much exhausted. Not a very “encouraging” prospect is it?

So, China Pond joins Stop, Drop & Rolls in leaving the so-called business district. Do a count: there are more businesses out of the business district than there are in the business district. We have really more of a business district museum than a business district. An exhibit of the business district that was, when there was a train depot and before the Spaulding bypassed the town. Is it time to just stop calling this the “business district”?

Social media has reported also that the antique store proposed for Milton Mills got bogged down in regulations too. And these were not State regulations. The owner said that Milton has some sort of extra layer of regulations above and beyond every other place in New Hampshire. Sort of like a “double secret probation.” He politely said that he is trying to work with the town on this. Of course, the town could just eliminate that extra hurdle – just to stay even with everywhere else. If they want really to move forward towards being “encouraging,” they could go on to whack a couple of more layers of nonsense too.

The ongoing Mi-Te-Jo expansion tragicomedy comes to mind. It would be difficult to imagine something with a lower environmental impact than expanding a seasonal campground. I mean, compared with hiring out the town as a landfill. But NIMBY. I suppose now Mi-Te-Jo will depart too and a housing development or something will spring up instead. Try that in your back yard. Much better than expanding a seasonal business.

I wonder if a Mi-Te-Jo failure to thrive will have any effect on that other store. The one near the bridge-that-was.

How about if we post Economic Revitalization Zone (ERZ) signs? I mean, as opposed to reducing taxes and regulations. That should do the trick. Yeah, that is the sort of thing you see in places that have check-cashing stores and title-loan shops instead of banks. (Rochester has a check-cashing store, a title loan shop, and ERZ signs). Is that where we are headed? I do not find that very encouraging.

How about if we just try liberty? (We pledge to it before every meeting). That seems to have worked in the past. You know, let us try what worked in the time before Economic Development, Planning, Zoning, and whatever boards and committees even existed. It has not been that long – within living memory.

If it is really vital that we have businesses for some reason – a reason that is never satisfactorily explained – let us return to the regulatory conditions that prevailed when businesses thrived.

Try to reproduce the conditions that existed when the business district created itself.

References:

Our Milton Home. (2018, September 26). China Pond Is Closing Forever. Retrieved from www.facebook.com/groups/OurMiltonHome/

Rochester Voice. (2018, June 22). China Pond’s Plan for Move Across Street Inches Forward. Retrieved from www.therochestervoice.com/china-ponds-plan-for-move-across-street-inches- forward–cms-10350

PawSox Put One Over the Fence

By S.D. Plissken | September 25, 2018

The minor league Pawtucket Red Sox’s contractual agreement with their “home” city of Pawtucket, RI has run its course. It was little mentioned in press reports, but the Pawtucket Red Sox (PawSox) organization shopped around for the best terms. That would be its fiduciary duty. It did the right thing.

Pawtucket, and the State of Rhode Island, failed to come to terms with the “home” team. The best that Pawtucket and Rhode Island could offer was an $83 million project without any state bond involvement. That was nowhere near good enough.

Worcester’s economic developers offered more, which “encouraged” the PawSox to come to an understanding with them. The PawSox will invest a bare $6 million on new facilities in Worcester. Worcester will take out $100.8 million in bonds for the venture, up front, repayable over thirty years. The PawSox will contribute $30.2 million toward repayment of that, but spread over the thirty year period. The Worcester taxpayers will pony up the rest. If bond interest functions anything like mortgage interest, the “rest” will be a vastly larger number than $100.8 million minus $30.2 million equals $70.6 million. It might cost double the $70.6 million, or even more, before the bonds are “retired.”

So, the PawSox will become the WooSox, or something of the sort, when they take up their new residence in Worcester, MA. Grand. Hopefully, other businesses will flow into town in the WooSox wake. That is the idea, anyway – a WooSox business district.

Some other cities that have financed minor-league baseball stadiums have failed to cover debt payments with new revenue, and have had to dip into their general funds (WBUR, 2018).

Of course, even if new businesses do take up residence around the new stadium, they will have been subsidized by Worcester taxpayers. The taxpayers will have paid partially already for whatever those businesses might offer, before they even step into them. They pay to create those businesses and then they pay more after for the goods and services themselves. That sounds great, for those new businesses.

And, heaven forbid, what if the WooSox were to fail and go out of business before the period of thirty years elapses? The taxpayers would still be on the hook for those bonds. Even those not yet born and who would never have even seen the WooSox play.

What happens in thirty years? Well, the WooSox will shop around again, just as they should. Worcester can then try to further “encourage” them, as Pawtucket did. Perhaps the WooSox will want a new stadium, an exit ramp, or some other basket of goodies, in order to remain in Worcester. More taxpayer money. Failing that, the WooSox will be happy enough to become the Someplace-Else-Sox, if someplace else can come up with a better “deal.”

Well, here’s a thought. Will the taxpayers get tickets to the games at least? Yes, if they buy them. Seats sold separately.

References:

Business Insider. (2018, February 24). What abandoned Olympic venues from around the world look like today. Retrieved from www.businessinsider.com/abandoned-olympic-venues-around-the-world-photos-rio-2016-8

Forbes. (2018, August 21). Red Sox Affiliate, A Minor League Gold Mine, Is Leaving Pawtucket For Worcester. Retrieved from www.forbes.com/sites/barrymbloom/2018/08/21/the-loss-of-red-sox-triple-a-franchise-for-pawtucket-is-worcesters-gain/#24de56112fb4

Milton Observer. (2018, August 31). Milton’s Idée Fixe. Retrieved from wordpress.com/post/miltonobserver.com/206

Providence Journal. (2018, September 3). PawSox season finale brings poignant sense of loss to fans. Retrieved from www.providencejournal.com/news/20180903/pawsox-season-finale-brings-poignant-sense-of-loss-to-fans

The Simpsons. (1993, January 14). Marge Vs. the Monorail – Excerpt. Retrieved from www.youtube.com/watch?v=taJ4MFCxiuo

WBUR. (2018, September). Worcester City Council Approves $100 Million Stadium Package To Lure PawSox. Retrieved from www.wbur.org/bostonomix/2018/09/13/worcester-city-council-approves-100-million-stadium-package-to-lure-pawsox

WGBH. (2018, August 17). Why The Pawtucket Red Sox Are Moving To Worcester. Retrieved from www.wgbh.org/news/local-news/2018/08/17/why-the-pawtucket-red-sox-are-moving-to-worcester

Wikipedia. (2018, July 21). Crony Capitalism. Retrieved from en.wikipedia.org/wiki/Crony_capitalism

 

 

Non-Public BOS Session Scheduled (September 24, 2018)

By Muriel Bristol | September 21, 2018

The Milton Board of Selectmen (BOS) have posted their agenda for a BOS meeting to be held Monday, September 24.

The meeting is scheduled to begin with a Non-Public preliminary session at 5:00 PM. That agenda has three Non-Public items classed as 91-A:3 II (c), 91-A:3 II (j), and 91-A:3 II (c).

91-A:3 II (c). Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the public body itself, unless such person requests an open meeting. This exemption shall extend to any application for assistance or tax abatement or waiver of a fee, fine, or other levy, if based on inability to pay or poverty of the applicant.

The first and third matters (the “c” items) appear to relate again to the recent tax abatement process.

To Repeat. In November, the BOS made a serious error in setting the 2017 tax rate. It affected all of the taxpayers, i.e., about 2,700 taxpayers, to a very large degree. Various figures have been given, ranging as high as $1.4 million. In December, the BOS suggested that those affected should file for abatements, which was a bit of shell game. An abatement fund of $20,000 could not possibly resolve an unauthorized tax levy of $1.4 million. This would be the fourth meeting that devoted agenda time to hearing abatements or appeals of rejected abatements.

91-A:3 II (j). Consideration of confidential, commercial, or financial information that is exempt from public disclosure under RSA 91-A:5, IV in an adjudicative proceeding pursuant to RSA 541 [Rehearings and Appeals in Certain Cases] or RSA 541-A [Administrative Procedure Act].

The second item (the “j” item) might also relate to abatements. Of course, it could be anything at all. It has been suggested to us since last time that it might have to do with discussing revisions of employee manuals and employee insurance buyouts, issues that have been mentioned in the open sessions.


The BOS intend to adjourn their Non-Public BOS session at approximately (*) 6:00 PM, when they intend to return to Public session.

The Public portion of the agenda has new business, old business, and the approval of minutes.

Under new business is scheduled: 1) Recording Clerk Agreement (Danielle Marique), and 2) Milton EOP Acceptance (Nick Marique).

We tried to research the somewhat cryptic acronym EOP, which will no doubt be explained (and accepted) in the meeting, but cannot decide to what those initials might refer. Possibilities include, but are not limited to:

  • Early Oil Project (the development of the Chirag oilfield),
  • Earth orientation parameters, a collection of parameters that describe irregularities in the rotation of the Earth,
  • Electroosmotic pump, a device that generates flow using an electric field,
  • Enhanced Outpatient Program, a program in the California Department of Corrections to provide care to mentally challenged inmates,
  • Ethernet over Power, a type of home networking in power-line communication,
  • Executive Office of the President of the United States, a part of the executive branch of the United States government often referred to as the White House,
  • Exchange Online Protection, an email filtering service, part of Microsoft’s Exchange Online family,
  • External occipital protuberance, part of the human skull, and
  • Hellenic Cycling Federation (Greek: Ελληνικη Ομοσπονδια Ποδηλασιας), the governing body of cycle racing in Greece.

None of these seem to be likely. It could refer to anything at all. Bureaucracies love their alphabet soup (and chapter heading numbers).

Under old business is scheduled: 3) Employee Handbook Update (Heather Thibodeau), 4) Insurance Buyout Discussion Follow up (Heather Thibodeau), 5) Town Report Printing Cost Discussion (Heather Thibodeau), 6) Building Permit Fees & Policy Discussion Follow up (Heather Thibodeau), and 7) Townhouse Heating/Cooling Discussion Follow up (Erin Hutchings).

The Employee Handbook and Employee Insurance Buyout items return from last time. Townhouse heating problems appear for the fourth time.


The Town Report Printing Cost discussion will be where they break it to Selectman Lucier that printing two Town Report publications could not possibly be cheaper than printing one. (After a diversion of staff resources to confirming the obvious). He has not noticed evidently that the tax assessment information he remembers as being in the back of the Town Report in days of yore is now available in an online system (Avitar) instead. A system for which we are already paying quite a bit.

Perhaps we could save the cost of printing two reports by just printing the URL of the Avitar database in the one report?

As for wanting to publish the names of tax delinquents in the Town Report. It is not difficult to see where that might end badly, very badly.


Mr. S.D. Plissken contributed to this article.


References:

State of New Hampshire. (2016, June 21). RSA Chapter 91-A. Access to Governmental Records and Meetings. Retrieved from www.gencourt.state.nh.us/rsa/html/VI/91-A/91-A-3.htm

Town of Milton. (2018, September 7). BOS Meeting Agenda, September 24, 2018. Retrieved from www.miltonnh-us.com/uploads/bos_agendas_828_71713156.pdf