Milton Tax Cap Petition Filed

By S.D. Plissken | January 8, 2020

A correspondent from the Milton Taxpayers Association (MTA) reports that the Tax Cap petition warrant article was filed yesterday with the Milton Town Clerk. The MTA obtained over triple the number of required signatures. This measure will be on the ballot.

The MTA invites those who signed to regard themselves – if they so choose – as valued members of the association. Note: some thirteen of you may not be as registered as you think you are. Fortunately, you have time still before the election to resolve that.

Refusals were exceedingly rare. Had the MTA set out earlier, it might have obtained even more multiples of the necessary signatures above what they did collect. I might point out what such numbers imply. In the unlikely event that they encounter any shenanigans between here and the ballot, say at the deliberative session, they should have no trouble in calling their own special town election, or even a succession of them, to put things right again.

I am told that volunteer canvassers had some interesting conversations along the way. They found that a long line of excessive tax increases has engendered scant “appreciation.” Many signers expressed even a bit of disappointment. Capping future tax increases at these proposed levels seemed to them a rather minimal starter option. They would have preferred something much more comprehensive.

They may rest assured that this option – minimal though it may be – will appear on the ballot each and every year until it passes. (Most NH cities have had it for years already, including Dover, Franklin, Manchester, Laconia, Nashua, Rochester, Portsmouth, etc.).

Milton’s various boards and committees, including its Board of Selectmen (BOS), will henceforth be working diligently for the MTA. Every time they raise taxes above the proposed tax cap, they will be encouraging yet more signatures and more votes, until the tax cap is passed.

But why suffer through all that? Get it done this time around.

Final Tax Cap Signing Date

By S.D. Plissken | January 3, 2020

Tomorrow (Saturday, January 4) will be the last opportunity to sign the Tax Cap petition at a designated time and place. You may find a Milton Taxpayers Association (MTA) representative either seated inside Dunkin Donuts, between the hours of 8:00 AM and 10:00 AM or, thereafter, in front of the Milton Mills post office, from approximately 10:15 AM until 11:15 AM (longer if not painfully cold). They hope to see you there.

There might be still some amount of door-to-door canvassing, but not for long after. The next stop is submitting the signatures to the Town Clerk.

I am told that MTA canvassers received the following cookie fortunes at their most recent meeting: “Any idea seriously entertained tends to bring about the realization of itself,” and “A person with a determined heart frightens problems away.”

Those sentiments would both seem to be very much in the spirit of this serious and determined effort to limit the unconscionable growth of local property taxation.

I hope that my contacts in the MTA will keep me – and thus you – abreast of their progress.

Two More Signing Opportunities

By S.D. Plisskin | December 27, 2019

Santa left no tax caps under the tree. If only it were that simple. He did leave signature sheets.

I am informed that your last chances to sign the Tax Cap petition will be Saturday, December 28, 2019, and Saturday, January 4, 2020.

On those days, you may sign at Dunkin’ Donuts, between the hours of 8:00 AM and 10:00 AM, and at the Milton Mills post office, from about 10:15 AM until 11:15 AM (and later if weather permits).

The more the merrier.

Your “John Hancock” Sought

By S.D. Plissken | December 20, 2019

As a delegate to the Continental Congress, and its president, John Hancock signed the Declaration of Independence in July 1776. His signature appears first and is the largest by far. It is likely apocryphal that he said he wrote it large so that King George could read it without his spectacles.

John Hancock SignatureHis name became a synonym for “signature,” although perhaps less so in recent years. But you may have been prompted at some time or another to put your “John Hancock” upon some document.

This is one of those times and one of those opportunities. The Milton Taxpayers Association (MTA) is sponsoring a petition warrant article (“Tax Cap”) that would limit future Town budget increases, and therefore, future Town tax increases, either to 2% or to the amount of the Consumer Price Increase (CPI), whichever amount is the lesser.

Now, a Tax Cap is no panacea. It will never change the mindset of those who think that more and more of your money, year after year, is never “enough.”  You need to identify them and cease gifting them your vote. A Tax Cap can not by itself restrict their other methods of increasing taxes, nor their excessive “fudge factor.” We can work on that. And the Tax Cap’s limitation begins at the current absurd baseline, rather than backing out past excesses.

One might think of the Tax Cap as a place to start. When you find yourself in a hole, it is time to stop digging. Past time really.

There is really no doubt that the Tax Cap will appear on the March ballot. But will your “John Hancock” appear on this declaration?

As mentioned previously, a representative of the MTA may be found at Milton’s Dunkin’ Donuts shop this Saturday (tomorrow) between 8:00 and 10:00 AM. (There is no reason to suppose that the Dunkin Donuts corporation has any part in this). I have been given to understand that they will proceed from there to the front of the Milton Mills post office, where you may sign from about 10:15 AM until 11:00 AM.

If you would like to further assist in this groundbreaking effort, petition sheets may be obtained from MTA representatives for you to use in canvassing your friends and neighbors. (Those friends and neighbors that are Milton registered voters, that is).

I have been given to understand that signage will become available also as the election approaches.

References:

Wikipedia. (2019, October 25). Law of Holes. Retrieved from en.wikipedia.org/wiki/Law_of_holes

 

Non-Public BOS Session Scheduled (December 16, 2019)

By Muriel Bristol | December 15, 2019

The Milton Board of Selectmen (BOS) have posted their agenda for a BOS meeting to be held Monday, December 16.

The BOS meeting is scheduled to begin with a Non-Public session beginning at 5:30 PM. That agenda has one Non-Public item classed as 91-A3 II (c).

(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.

Likely someone is seeking some partial relief. There were many, many of these after the false “push-button” valuation and mistaken rate-setting of 2016, and we have just experienced yet another preposterous “push-button” valuation. One might expect to see many of these secret 91-A3 II (c) sessions scheduled going forward.

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


The Public portion of the agenda has New Business, Old Business, Other Business, and some housekeeping items.

Under New Business are scheduled nine agenda items: 1) Town Clerk / Tax Collector Letter of Appreciation, 2) 2019 Encumbrances Discussion, 3) Town Report Dedication Discussion, 4) Police Patrol Room Equipment Purchase Request (R. Krauss), 5) Heritage Commission, 6) Capital Improvement Program Recommendations Discussion, 7) Preliminary Town Warrant Article Discussion, 8) Approve Town Deposit Process and Policy, and 9) Solar Garden Ratification Discussion.

Town Clerk / Tax Collector Letter of Appreciation. There are no doubt many reasons to express appreciation of the Town Clerk.

2019 Encumbrances Discussion. Several commenters have expressed their strong disapproval of this. This could be a contentious discussion involving money approved at the ballot for one or more specific purposes during a calendar year. If the money is not spent, or is not fully spent, it may be “encumbered” for use in another year.

Has the originally authorized purpose has been fulfilled? If so, any extra monies should be returned promptly as tax reductions. (Note that the rate has been set prior to this, from which one might infer that there was never any intention of returning any money).

Having slush funds and large fund balances relieves the Town of having to seek voter authorization – a taxpayers’ check on its expenditures. “It’s just easier that way.” As you may well imagine, the bypassing of checks and balances is an indication of unaccountable government.

Last year, the BOS neglected to “encumber” money approved to fight European Naiad until after the deadline. They then took that amount from their “emergency fund” for European Naiad. Did you know they even had an emergency fund? I mean, apart from the excessive fund balance that is? Presumably, they replenished the “emergency fund” in some other way. They covered also a significantly larger budget overflow and presented it as a rate reduction by drawing from the fund balance. The BOS does this sort of thing fairly often.

When last numbered in a public meeting, The Town had then over twenty-nine different bank accounts. (Their bank wanted to charge them fees on all of them, which added up to a tidy sum).

Town Report Dedication Discussion. Is this the year in which the Town Report will be dedicated finally to its taxpayers? Without their ever-increasing contributions, nothing contained in the report would have been possible at all.

Police Patrol Room Equipment Purchase Request (R. Krauss). Aren’t the police cars the patrol rooms? I must be misunderstanding this.

Heritage Commission. Would Milton have a heritage without having a Heritage Commission? Yes, of course it would, absolutely.

Would another commission be yet another expense? Let us hope not. If so, its very existence would hamper Milton’s heritage to some degree.

It is indeed a desirable thing to be well-descended, but the glory belongs to our ancestors. – Plutarch

Capital Improvement Program Recommendations Discussion. An increasing number of Milton taxpayers recommend that the Capital Improvement Program (CIP) be scrapped entirely. Its supposed advantage, that of “smoothing” expenses, has instead resulted in a constantly rising trend in expenses and, therefore, taxes. (See Capital Reduction Program (CRP)).

Preliminary Town Warrant Article Discussion. Where the increases fostered by the CIP plan process begin to make their way along the conveyer belt to the ballot. Unanimous approvals anyone?

Approve Town Deposit Process and Policy. The Town Treasurer and the BOS dumped his Town Deposit Process onto the Town Clerk. The Town Clerk objected rightly to extra tasks without extra staffing.

After a bit of a donnybrook, the BOS provided the necessary clerical support after the fact. Missing from all of this was any discussion of the time gained by the various departments that had offloaded their deposit tasks to the Town Clerk.

How are they using  the time that they gained thereby? In the absence of any explanation, one must assume the departments simply gained more time in which to do fewer tasks.

Work expands to fill the time available for its completion. – Parkinson’s Law 

The Town Deposit Process worked out nicely for the departments, but was perhaps less advantageous for Milton taxpayers. The taxpayers “gained” another salary, benefits package, etc., with which to accomplish the very same tasks previously performed by the departments. Remember to thank the Town Treasurer for his new, more expensive Town Deposit Process at his next election outing.

By the way, did anyone ever apologize to the old Town Treasurer for the calumnies heaped upon her by BOS Chairman Thibeault on the eve of her election outing? The Treasurer emeritus seems to be still in good standing at the county level, while we have gained a new process, a new policy, and a new expense.

Solar Garden Ratification Discussion. These things never pay for themselves. Every one that you see, be they at the transfer station, or on individual houses and buildings, is made possible by Federal and state subsidies. That is to say, the savings decrease, or even disappear entirely, when one remembers that the subsidy was taken from your other pocket.

There ain’t no such thing as a free lunch (TANSTAAFL).


Under Old Business is scheduled two items: 10) Request to Repair Ladder Truck (N. Marique), and 11) Budget Progression Discussion.

Request to Repair Ladder Truck (N. Marique). The fire chief seeks authorization for the maintenance and repair expenses for the used firetruck purchased from Gray, ME. (See Gray, ME, Voted to Sell Fire Engine to Milton).

Budget Progression Discussion. Regrettably, the Budget has never regressed in recent years, or remained the same, or even “progressed” at merely the inflation rate. However, in this context, this might be simply a status report of [default] budgeted versus actual expenditure at this particular point in the fiscal year. Or a discussion of the extent that the new budget has progressed through the bureaucracy.


Other Business That May Come Before the Board has no scheduled items.

There will be the approval of prior minutes (from the BOS Meeting of December 4, 2019), the expenditure report, Public Comments “Pertaining to Topics Discussed,” Town Administrator comments, and BOS comments.


The BOS meeting is scheduled to end with another Non-Public session. That agenda has two Non-Public items classed as 91-A3 II (a) and 91-A: 3II (c):

The agenda has, for the third time in recent weeks, a Non-Public item classed as 91-A3 II (a): investigation, discipline, dismissal, promotion or compensation of employees.

(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.

One would like to think that investigations, disciplines, and dismissals of employees are not required at the rate of three times over four meetings. The more likely topic would be promotions and compensation, i.e., raises and COLA.

(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.

Yet another one.


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. (2019, December 13). BOS Meeting Agenda, December 16, 2019. Retrieved from www.miltonnh-us.com/sites/miltonnh/files/agendas/12.16.19_bos_agenda.pdf

Youtube. (1965). Cone of Silence. Retrieved from www.youtube.com/watch?v=g1eUIK9CihA&feature=youtu.be&t=19

Tax Cap to Appear on March Ballot

By S.D. Plissken | December 12, 2019

I am given to understand that representatives of the Milton Taxpayers’ Association (MTA) will be out collecting signatures in the next month so that a Tax Cap warrant article may appear on the March ballot.

You may share their concern that in recent years that Town officials seem to be either unable or unwilling to restrain themselves in creating Town budgets. They thereby create tax burdens that increase at rates much greater than inflation. This could be your opportunity to “assist” the Town in finding some upper limits.

Last year the Board of Selectmen (BOS) voted unanimously to use your fund balance – the money they took “in error” due to their preposterous 2016 valuation – to cover their rather incontinent budget. Their budget was rejected by the voters, but many of its features were funded anyway by an excessive “fudge factor” included in their process.

This year the BOS voted unanimously to “guide” their Town department heads in drafting budgets that included 2% raises and 1.7% COLA increases. Selectman Rawson said immediately, i.e., without any apparent consideration at all, that he was “just fine” with that; the other selectmen all agreed with him.

In a public BOS meeting this past year Town Planning Board member Laurence D. “Larry” Brown spoke rather unguardedly about his “vision” for Milton’s future. (He had requested a secret meeting, but went ahead anyway in a public session). You might find that you are not present in the future he plans.

Mr. Brown expressed publicly his utter contempt for manufactured homes. They do not serve as “attractions.” (Quote: “No one travels to see the double-wides of New Jersey”). Yes, that old saw again, as if creating “attractions” was ever a legitimate concern of government. He said forthrightly that there are “far too many” manufactured homes in town (13% of Milton’s households). That is to say, for those of you that live in them, there are far too many of you in town.

Mr. Brown expressed his glowing approval for “gentrification” – a process by which wealthier incomers displace those with less wherewithal. Can’t keep up with our increasing government and the increasing taxes needed to pay for it? You can be replaced by better, wealthier taxpayers.

Mr. Brown congratulated himself on having personally prevented the establishment of many businesses over the years, both as an officeholder and an individual. As if that were an accomplishment. (He bragged that he had even spent his own money on lawsuits to do so).

These are the people that are Planning our future, creating and approving the Town budgets, and setting the tax rates. One might almost embrace a slogan from the national scene, and claim that these persons are “Not My Planning Board” and “Not My Board of Selectmen.”

There might be some few among you who think that these trends and these people have not been a burden and a problem for Milton. You should sign the Tax Cap petition anyway, if only to support the principles of democracy. You would be ensuring that there are more ballot options from which voters might choose, rather than fewer options. And there would be no danger that a fully satisfied electorate would pass such a measure, right?

If an MTA volunteer finds their way to your house, you should smile upon their efforts. If you do not encounter one, you may find an MTA volunteer seated in the Dunkin’ Donuts, for the next few Saturday mornings, between 8:00 AM and 10:00 AM.

Lobbying, Finger Pointing, and Public Safety

By Ian Aikens | November 22, 2019

A recent letter to the editor in a local paper sparked my interest.  It concerned HB664, which would have mandated that “No insurance company, agent, or adjuster shall knowingly fail to pay a claim to the claimant or repairer (my emphasis) to the extent the claimant’s vehicle is repaired in conformance with applicable manufacturer’s procedures.”  The writer of the letter complained bitterly about the governor’s veto of this particular bill because it undercut support for “your local auto body shop.”  In other words, it is the job of government to “help” businesses and make sure they “survive.”

No, not really.  The last time I checked the federal and state constitutions, there was nothing in there about helping businesses and guaranteeing their survival.  I don’t always agree with the governor’s decisions, but in this case, he was right in butting out of this issue.  Forcing insurance companies to pay for steps in the repairing process that they deem unnecessary is an intrusion and would only increase insurance costs to consumers.  So, who cares if consumers pay more for car insurance?

Certainly not the hordes of repair shop owners and employees and related repair shop associations that made it a point to lobby in Concord earlier this year in support of the bill. In hours of testimony before legislators, they complained in earnest that they were unfairly getting stuck paying for repairs that were necessary for safety that the insurance companies wouldn’t pay. In other words, greedy BIG INSURANCE was squeezing out little repair shops and not reimbursing them for important repair-related steps that manufacturers deemed necessary for safety. Thus, this David vs. Goliath battle waged at the State House all centers on consumer safety.

Or does it? Let’s look at the big legal case cited the most as the basis for the necessity of HB664. It is Seebachan v. John Eagle Collision Center and came out of Texas. In this tragic car crash, a couple was trapped in their 2010 Honda Fit after being hit by another car, and they suffered severe injuries because the roof collapsed. The roof had been repaired earlier from damage due to hail, and the manufacturer’s procedures spelled out that the roof was supposed to be welded back together, but John Eagle Collision Center used adhesive bonding instead. In sworn testimony in court, a John Eagle Collision Center manager implied that it was due to pressure from the insurance company that corners were cut.  In other words, finger pointing.

A good ambulance-chasing lawyer will never waste a good opportunity to go after BIG _______ (fill in the blank: BUSINESS, CORPORATIONS, TECH, OIL, TOBACCO, PHARMA, INSURANCE, SODA, etc.), so after the Seebachan’s won their $31.5 million lawsuit against John Eagle Collision Center, their lawyer wasted no time in filing suit against State Farm on behalf of the plaintiffs. Had there been any merit to John Eagle Collision Center’s allegations against such big pockets, you would have heard about it. As it turned out though, the lawsuit was withdrawn, and both sides agreed to pay their own legal costs. So, in fact the big case cited as “proof” that “There ought to be a law” was an instance where a repair shop that had been I-CAR certified in proper repairs failed miserably in its obligation to its customer (the Seebachan’s). Ironically, it was these same businesses (repair shops) lobbying against BIG INSURANCE that were nevertheless lobbying now for BIG GOVERNMENT. But I guess it’s different when the government will help your business.

The first question that comes to mind is why any insurance company would take a chance on being responsible for sending unsafe cars back on the road when it could be held liable for any damages, deaths, or injuries that might occur. Of course, as the narrative goes, BIG INSURANCE is only out for BIG PROFITS, but where would the profits be if your company has to pay out millions in claims? This doesn’t make sound business sense. In fact, cost cutting to the point of sacrificing safety would make poor economic sense precisely because it would lead to BIG EXPENSES, not profits.

But let’s suppose for argument’s sake that an insurance company behaves foolishly and refuses to pay for repairs the manufacturer recommends that are safety-related. What can and should be done? The bill’s proponents have one simple solution: mandate the repair and make the insurance company pay for it, whether it likes it or not. A better solution of how the free market would (and does) correct the situation actually came from one of the comments I read from a repair shop employee who was very critical of insurance companies. She remarked that when her repair shop informed the car’s owner that their insurance company refused to pay for repairs the shop felt were necessary, the consumer took issue with their insurance company and sometimes changed insurance companies after the incident. Thus, unscrupulous and non-profit minded insurance companies would lose business, and if they do this often enough to their customers, they’d soon run out of customers and go out of business.

This clarifies the proper relationship between the three parties. The consumer pays a premium to his/her insurance company to restore their car back to its former state after an accident, and the insurance company fulfills its obligations by paying for repairs following an accident. The contract is between the consumer and his/her insurance company. The only proper role for the repair shop is to follow generally accepted repair standards and repair the car—not to race to the State House to rally for more laws on the books, which by the way would absolutely guarantee more revenue for repair shops. If the insurance company is unwilling to pay for repairs the shop deems necessary for safety, it should simply refuse to do the job—or at the very least inform the consumer what repairs it recommends and then let the consumer decide how to proceed. As the lady from the repair shop who complained bitterly about the insurance companies noted, consumers when informed are not shy about taking matters in their own hands and don’t need BIG GOVERNMENT to protect them like children.

By the way, a footnote to the vetoed bill says, “The (Insurance) Department is unable to predict the volume of additional queries and complaints, but believes it could be large enough to require an additional staff position.” So, between the vagueness of some of the language in the bill and the eagerness of repair shops to secure as many repairs as possible, that’s a virtual guarantee of yet another useless government bureaucrat with which taxpayers would be forever burdened.

I also checked how Milton’s reps voted on this bill. Sadly, Senator Bradley was a co-sponsor of the bill, but fortunately Abigail Rooney and Peter Hayward voted against it. The next legislative session is just around the corner, and you can be sure we haven’t heard the last of this bill. Pressuring politicians to pass a mandate and guarantee more business in the name of “public safety” never goes of style.

References:

Court Listener. (2018, October 3). In the United States District Court for the Eastern District of Texas Sherman Division: Seebachan v. State Farm. Retrieved from https://www.courtlistener.com/recap/gov.uscourts.txed.178606/gov.uscourts.txed.178606.16.0.pdf

Legiscan. (2019, September 18). NH HB 664. Retrieved from  legiscan.com/NH/bill/HB664/2019

Manchester Union Leader. (2019, August 30). Your Turn, NH – John Elias:  Hijacking consumer protection. Retrieved from https://www.unionleader.com/opinion/columnists/your-turn-nh—john-elias-hijacking-consumer-protection/article_e8580f94-fb5e-5039-8e63-b3f43ead0393.html

NH Governor. (2019, August 15). Governor’s Veto Message Regarding House Bill 664. Retrieved from https://www.governor.nh.gov/news-media/press-2019/documents/hb-664-veto-message.pdf

Repairer Driven News. (2017, August 23). Update:  Couple in $1M Texas body shop lawsuit drop case against State Farm – but only temporarily. Retrieved from https://www.repairerdrivennews.com/2017/08/23/seebachans-drop-case-against-state-farm/

Repairer Driven News. (2019, September 5). AASP, ASA, SCRS respond to N.H. insurance commissioner’s op-ed. Retrieved from https://www.repairerdrivennews.com/2019/09/05/aasp-asa-scrs-respond-to-n-h-insurance-commissioners-op-ed/

Repairer Driven News. (2019, September 19). N.H. Legislature fails to override Sununu veto of OEM auto repair procedures bill. Retrieved from https://www.repairerdrivennews.com/2019/09/19/n-h-legislature-fails-to-override-sununu-veto-of-oem-repair-procedures-bill/

Repairer Driven News. (2019, September 20). Insurers skip required test to help consumers, and other arguments made against N.H. OEM procedures bill. Retrieved from https://www.repairerdrivennews.com/2019/09/20/n-h-veto-supporter-insurers-skip-required-oem-tests-to-save-cars-from-totaling/

Non-Public BOS Session Scheduled (November 18, 2019)

By Muriel Bristol | November 17, 2019

The Milton Board of Selectmen (BOS) have posted their agenda for a BOS meeting to be held Monday, November 18. The BOS intend to begin their Public BOS session at 6:00 PM.


The Public portion of the agenda has New Business, Old Business, Other Business, and some housekeeping items.

Under New Business are scheduled four agenda items: 1) Request to Purchase Vehicle (N. Marique), 2) Action on Tax Anticipated Note, 3) School District November 15th, Vote Update, and (at approximately 7:00 PM), and 4) Public Hearing – RSA 31:95-b, To accept and expend unanticipated revenue from the State of NH in the amount of $74,990.03.

Request to Purchase Vehicle (N. Marique). Fire chief Nicholas Marique negotiated the purchase of a fire engine from the Town of Gray, ME, and here will seek authorization from the BOS to complete the purchase.

(One may note with satisfaction the simple mathematical fact that $85,000 < $500,000).

Action on Tax-Anticipated Note. Huh?

School District November 15th, Vote Update, and (at approximately 7:00 PM). The BOS Workshop meeting of October 28, included a School Board Anticipated Revenue Discussion. (“Discussion” usually signifies a spending proposal).

The School District was offered $361,003 in “anticipated” revenue from the State, while the Town was offered $74,990.03 in “unanticipated” revenue. The School District sought ballot authority in a special election to spend their “anticipated” revenue on an air handler system and fire alarm systems. (These systems appear already in their CIP plan).

Evidently, the BOS will be briefed by the School District on the outcome of its authorizing vote taken yesterday, i.e., in the School Board Special Election.

Public Hearing – RSA 31:95-b, To accept and expend unanticipated revenue from the State of NH in the amount of $74,990.03.

31:95-b Appropriation for Funds Made Available During Year. – I. Notwithstanding any other provision of law, any town or village district at an annual meeting may adopt an article authorizing, indefinitely until specific rescission of such authority, the board of selectmen or board of commissioners to apply for, accept and expend, without further action by the town or village district meeting, unanticipated money from the state, federal or other governmental unit or a private source which becomes available during the fiscal year.

Such an action requires prior passage of an authorizing warrant article, such as featured in the School Board Special Election. It would seem that Milton taxpayers may have been deluded enough in the past to have granted an indefinite spending authority to the BOS in advance.

Even with prior authority, unanticipated amounts larger than $10,000, as in this case, require that a hearing must be held. You know, the pro forma kind of “hearing” in which the BOS will “hear” what it wants to hear. It invariably favors increased spending for the Town, rather than lower taxes for the townspeople.

Current voters should consider rescinding their perpetual standing authorization at their earliest opportunity. Until that can be accomplished, they should take special note of exactly who votes to spend, rather than return, their “unanticipated” money.


Under Old Business is scheduled but one item: 5) Budget Progression.

Budget Progression. The budget process “progresses.” With apologies to Yeats:

And what rough increase, its hour come round at last, Slouches towards Milton to be born?


Other Business That May Come Before the Board has no scheduled items.

There will be the approval of prior minutes (from the BOS Meeting of October 21st, 2019,  the BOS Meeting and Workshop Meeting of October 28th, 2019, the BOS Workshop Meeting of October 30th, 2019, and the BOS Workshop Meeting of November 4th, 2019), the expenditure report, Public Comments “Pertaining to Topics Discussed,” Town Administrator comments, and BOS comments.


The BOS meeting is scheduled to end with a Non-Public session. That agenda has one Non-Public item classed as 91-A3 II (l).

(l) Consideration of legal advice provided by legal counsel, either in writing or orally, to one or more members of the public body, even where legal counsel is not present.

The BOS had a similar item on the agenda of its previous Non-Public meeting. It would seem that the Town faces still – or faces again – litigation by someone who does not agree unanimously.

The NH court filings database contains the following entry: “New Hampshire Supreme Court, Report on Status of Cases, As of September 30, 2019. Case 2019-0278. Three Ponds Resort, LLC v. Town of Milton. 05/15/2019 – Case Filing. 06/04/2019 – Accepted.”


Lastly a look back. The BOS workshop meeting of October 30, 2019, had a Non-Public session that should not go unremarked. If only because that agenda had, for the second time in recent weeks, a Non-Public item classed as 91-A3 II (a).

(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.

Promotion and pay raise would be the safe bet again. The BOS’ budgetary arrow points only one way.


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


References:

State of New Hampshire. (2016, June 21). RSA Chapter 31. Powers and Duties of Towns. Miscellaneous. Retrieved from www.gencourt.state.nh.us/rsa/html/III/31/31-95-b.htm

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. (2019, November 15). BOS Meeting Agenda, November 18, 2019. Retrieved from www.miltonnh-us.com/sites/miltonnh/files/agendas/11.18.19_bos_agenda.pdf

Town of Milton. (2019, November 15). School District Special Election. Retrieved from www.youtube.com/watch?v=8CGKIbdDWk8

Youtube. (1965). Cone of Silence. Retrieved from www.youtube.com/watch?v=g1eUIK9CihA&feature=youtu.be&t=19

Gray, ME, Voted to Sell Fire Engine to Milton

By S.D. Plissken | November 15, 2019

A correspondent informs us that the Town of Gray, ME, in its Town Council meeting of Tuesday, November 12, 2019, voted to sell one of its fire engines to the Town of Milton, NH, for “$” [$85,000].

1997 Ferrara Spartan 75' Aerial
Another 1997 Ferrara Spartan 75′ Aerial

The relevant correspondence from the Town of Gray website follows:


October 31, 2019 
 
Deborah Cabana, Town Manager, Henry Pennell Municipal Complex, 24 Main Street, Gray, ME 04039
 
Dear Ms. Cabana,
 
Thank you for taking the time to meet with me yesterday in reference to your community’s listed tower truck.  I greatly appreciate the time Chief Elkanich, Deputy Chief Hutchins and their staff spent with both my Deputy Chief on Tuesday and myself and our department’s EVT yesterday. I was able to meet with the Milton Board of Selectman and the Milton Town Administrator yesterday afternoon and subsequently received permission to move forward with an offer to purchase the Town of Gray Maine’s 1997 Ferrara 75’ Tower Truck. 
 
As I indicated in your office when we spoke there were a few mechanical concerns and a few items that would need repair before we placed the vehicle in service for our community.  With that being said these are items that would be expect in a vehicle of this age and it is evident the firefighters of your community take good care of their equipment.  In preparing this proposal we reviewed cost estimates of items that need repair and have determined an additional $20,000 will be needed above the purchase price. The following items were noted as deficiencies 

  • Broken rear leaf spring- noted in Ladder testing report.
  • Leaf springs front and rear need replacement –See Figure 1 and 2 attached.
  • Exhaust needs replacement as indicated by several exhaust leaks -See figure 3 and 4 attached
  • Coolant leak was noted in the area of the radiator 
  • Frame corrosion and tunnel corrosion was noted-See figures 5-8
  • A few leaks were noted in the pump including a long-term leak around the pump packing- See figure 9
  • Other hydraulic small hydraulic leaks where noted which present an unknown risk and cost- See Figure 10 and 11

The above list was noted by Milton’s certified Emergency Vehicle Technician and corroborated by the latest ladder test report completed in September.  In preparing a cost analysts based on the useful life of the vehicle, the needed repairs and the budget, which the Town of Milton must work with, we are prepared to offer $75,000 for the Town of Gray Maine’s 1997 Ferrara 75’ Tower Truck.  Please contact me if you have any questions.  
 
Nick Marique 
Fire Chief
Nicholas


From: Nick Hutchins <e-mail omitted>
Sent: Monday, November 4, 2019 7:58 PM
To: Deb Cabana e-mail omitted

Subject: RE: Truck 44

Deb,

Here is the recommendation you requested after reviewing the Town of Milton’s proposal. Some of the noted items were going to be fixed when the new ladder truck went into service, allowing the truck to be stored serviceable and in good shape for resale or use. To fix everything Chief Marique mentioned with parts (not including time) would be in the vicinity of $5,600, providing the town doesn’t purchase or repair the radiator which at this time seems unnecessary. These are reasonably obtainable repairs that are not open ended on how the Town of Gray would want them done, verse how the Town of Milton might expect them done. This point of discussion needs to be at the for front of thoughts when talking about repairs made to a truck this age. Items like rust repair come with a level of expectation from each party on how they would want it to be fixed, which can cause an open-ended price tag that the Town of Gray probably should avoid.

I have attached my answers to the proposal as well in this email. If you need more information on anything that I can help you with, please reach out to me. If it is urgent, I can be reached at phone number omitted.

I hope this helps you out and look forward to hearing back from you on the direction you’d like us to go.

Stay safe.

Deputy Chief Nick Hutchins
Operations and Equipment
GRAY FIRE RESCUE
Phone: phone number omitted

“Protecting Life and property at the Crossroads of Maine since 1880”


From: Deb Cabana
Sent: Tuesday, November 5, 2019 11:08 AM

To: Nick Marique
cc: Kurt Elkanich

Subject: r-w: Truck 44

Attachments: Truck 44 repair.docx; TC Agenda 11122019.doc

Dear Mr. Marique,

Thank you for your interest in the ladder truck and your thoughtful offer. I have had an opportunity to have our mechanic review the associated costs that you have identified for the ladder truck. t have attached his opinion regarding the pictures that you sent, as well. The Town of Gray can fix the leaf springs and exhaust leak with a good wash and grease of the ladder itself. Additionally, we can offer ladders and one length of hard suction, all maintenance records, one set of filters for the first filter change, spare tires for both fronts and one side on rear and grease for the ladder itself. We are also willing to offer training from a department member with your department, if you so desire.

I have placed an item on the Town Council agenda for next Tuesday night (November 12) regarding the potential sale of this vehicle. (Please see Item #65-20 in the copy of the attached agenda.) As I indicated to you earlier, my Council was anticipating a sale price of $100K for this truck. I believe that I could convince my Council to a price of $85,000. If this counteroffer is acceptable, we will need to keep the current truck in service until the new one is fully in service and operational and the repairs agreed upon are done. l am told that we should have the new truck in about a week. Of course, the crew will need to be trained on the new truck.

I look forward to hearing from you soon.

Deborah Cabana

Town Manager, Town of Gray
24 Main Street, Gray ME 04039 Phone:
phone number omitted Fax: fax number omitted e-mail omitted e-mail omitted


Agenda – Gray Town Council – November 12, 2019

#65-20  To Review and Act Upon a Proposed Sale of the Ladder Truck.  5 MINS.

Proposed motion:

Ordered, the Gray Town Council approves the sale of the ladder truck to the Town of Milton, New Hampshire for a purchase price of $.

This item passed unanimously.


References:

Town of Gray. (2019, November 12). Gray Town Council, Regular Meeting, 11/12/2019, 7:00 PM. Retrieved from graytownme.iqm2.com/Citizens/Detail_Meeting.aspx?ID=3635

A Rare Split Vote

By S.D. Plissken | October 24, 2019

Last Monday’s Milton Board of Selectmen (BOS) meeting featured an interesting and exceedingly rare split vote, or it would have, had it come to a vote.

Correspondents have sent me recently a variety of articles about official projections of New Hampshire’s population over the next decade or so. New Hampshire’s population is both aging and declining.

The total New Hampshire state population is projected to be 1,432,730 in 2040, an increase of 116,260 or 8.8 percent from the 2010 Census population of 1,316,470 (RLS, 2016).

That is a projected net increase of only 116,260 (8.8%) over a period of thirty years, i.e., more than a generation. Most of that net increase will be a result of people moving into the state from elsewhere. New Hampshire’s congressional representation will drop from two US Representatives to only one in or after 2040. Yes, there will be more US Senators from New Hampshire than US Representatives.

How might this affect Milton? Let us step through it logically. The few incoming people will not distribute themselves evenly across the land area of New Hampshire. They will settle in greater numbers in places that have most to offer and, conversely, they will avoid like the plague places with less to offer. And this effect is not limited to newcomers. The existing (or surviving) population will want also to relocate themselves to the most advantageous places.

What are they avoiding? Economics embraces a concept known as “utility.” In this context, utility may be defined as the relative ease of obtaining one’s economic ends. The converse of this concept is “disutility,” in which it is difficult (or even impossible) to achieve one’s ends without undue effort.

Milton is currently in the eighth year of its fourth ten-year plan (the first having been put in place in 1982, and updated at ten-year intervals). Chairman Thibeault put forward the Town’s so-called “Master Plan” in support of his notions in the most recent BOS meeting. Most people associate Master Plans with fictional and cartoon villains, as well they might.

Master plans are hopelessly ineffective because of Hayek’s Knowledge Problem. Briefly, it is impossible for any of us, or any committee of us, to assemble and possess the knowledge necessary to manage an economy. That knowledge resides in the whole of us, but in a distributed fashion. To suppose that one has, or can ever hope to acquire, sufficient knowledge to order the economy is an admission of folly.

Bastiat spoke of the Broken Window Fallacy. His important insight was that there exist possibilities or outcomes that are readily “seen.” But there are also possibilities or outcomes that are “not seen.” One may encourage, or subsidize, or even compel some particular outcome. That result can be readily seen, by which it might be judged a “success.” Of course, there it is, I can see it! But other possible outcomes might have occurred, might have occurred more naturally, and might have occurred in preference to the one forced upon us. Those are the outcomes that are not seen. Those outcomes were displaced by the one forced upon us.

It emerged that the old fire station has been sold. The owner’s representative came to the BOS meeting. Chairman Thibeault wanted to hold the new owner to his preference put forward at some prior meeting (there have been several). That preference would have had the old fire station renovated as a commercial property only. In the interval between preliminary discussions and sale, the new owner envisaged instead a mix of one-bedroom apartments and commercial space. They did not seem to feel that the commercial limitation was either necessary or desired, but had retained it only as an accommodation. Chairman Thibeault dug in his heels – as he is wont to do – and insisted that the new owner restrict themselves to a commercial use only. Because that better satisfied the sacred “Master Plan.” Blessed be the Plan.

The owner’s representative pointed out that the final purchase-and-sales agreement contained no such commercial requirement. Chairman Thibeault turned somewhat petulant. The Planning Board and ZBA might have something to say. (Get ready for another lawsuit).

Now, this was the path taken in the Binker Brothers’ opening, a process bitterly criticized at the time, and rightly so. Someone invests in a property in order to establish a business (or any other use) in a legitimate way. Only after purchasing a Milton property does the hapless owner learn that there are many other requirements above and beyond those set forth in the ever-increasing pages of the zoning regulations. They must pass also the conditional approval of the BOS, the Planning Board, the ZBA, etc. In the case of the Binker Brothers, the Police were also invited to put in their oar.

Vice-Chairwoman Hutchings and Selectman Rawson balked. They pointed out that Milton had already a number of vacant commercial properties. Too many, and vacant for far too long. They could see no reason to compel the new owner to conform to the commercial-only requirement. Chairman Thibeault’s dissatisfaction was manifest. He dislikes being thwarted and we have likely not heard the end of this. (The Chairman experienced some strong disapproval from the audience too).

The dissenters may or may not have penetrated to the root of the problem. The Master Plan is impossible. It lacks the necessary knowledge to be effective. If empirical evidence is required, Milton’s economic activity has declined, rather than increased, over its thirty-eight-year tenure. Its visible results, few as they have been, have no claim over other unseen outcomes that were forced aside.

Will the few incomers of the next twenty years gravitate towards Milton? That seems highly unlikely. We have been led far down the wrong path. We have too much government, too many regulations, poor results, and all at too high a price. And our budgets have been increasing at an unconscionable rate. All these characteristics impose a major “disutility” on its residents, taxpayers, and prospective incomers.

A static or even dwindling population would be left to carry the load. Those able will want to escape. (And a major economic downturn – some say it will be “The Big One” – is expected at any time).

Franz Oppenheimer explained the fundamental difference between the means employed by the free market versus those of government.

There are two fundamentally opposed means whereby man is impelled to obtain the necessary means for satisfying his desires. These are work and robbery, one’s own labor and the forcible appropriation of the labor of others … I propose to call one’s own labor and the equivalent exchange of one’s own labor for the labor of others, the “economic means” … while the unrequited appropriation of the labor of others will be called the “political means.”

Chairman Thibeault has in his time shown a dogged and regrettable preference for achieving his fevered visions through use of the “political means.” He is wrong, of course. Should he not change his approach radically, so as to favor market solutions over compulsory political ones, it would be difficult to recommend his continuation in office.

His colleagues vote with him all too often but, in this case, they favored correctly allowing the freedom of the “economic means” to work.

References:

RLS Demographics. (2016). State of New Hampshire Regional Planning Commissions. County Population Projections, 2016, by Age and Sex. Retrieved from www.nh.gov/osi/data-center/documents/2016-state-county-projections-final-report.pdf