It Figures.
By Jim Conley • July 31st, 2006 • Email This Post to a Friend •
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On the matter of Chapter 40T, Brookline’s House Delegation all voted to override the governor’s veto, and to allow “Special Development Districts.” Despite telling me he voted to sustain the veto, Rep. Frank Smizik is listed as not voting in the official roll call.
It’s not like we should expect the Boston Reps who have a slice of Brookline in their portfolio to reject the idea of special districts. But, it seems to me that Representatives Michael Moran, Michael Rush and Jeffrey Sanchez are gonna have some ’splaining to do when a developer group claims autonomy for their development district and refuses to pay local taxes for things like schools and police. Because it looks like that’s exactly what they voted for.
A bit ironic isn’t it? Mitt Romney pulls a power grab by developers out of a bill and the party of the common man shoves it back in.
Update: Apparently, Rep. Smizik voted nay after the voting had closed (a late vote they call it). Some say a “late vote” occurs when a vote that the leadership was counting on - but wouldn’t play well at home - is no longer needed because the measure has already passed (or failed).
Just sayin…
Late Update: Apparently, the Senate never took up the override, effectively killing 40T for this session. The question remains, though, what did Representatives Moran, Sanchez and Rush see in this measure that they thought it should be made into law? They had a chance to stand with developers or local control and they stood with developers. This bears a lot more looking into. You know, like whose side are you on?
Jim Conley is publisher of On Brookline.
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I wonder if Rep. Smizik can explain in layman’s terms what Chapter 40T accomplishes, assuming he read and understands its approximately 18 pages of text. For example, why in a city with a mayor does its city council (its legislative branch) share the power whereas in a town only the Board of Selectmen (by a majority vote) without the need of town meeting (its legislative branch) can decide? Three selectmen in Brookline can make the 40T decision. Isn’t there something wrong with this? Or is there something wrong with town meetings?
By the way, 40T is a sort of privatization bill, having developers assume the responsibility for infrastructure that government traditionally provides. But these developers are not good samaritans. Rather they are looking to profit, probably at the expense of taxpayers in the end.
Frankly, Rep. Smizak, explain 40T to us.
Many democrats in the House may have voted for 40T not because they favor developers but the Bill was presented as a jobs bill. But this is a two-stepper. Sometimes labor (unions) will take the jobs for current benefits and ignore the future costs of inappropriate development in the impacted communities.
This Bill was probably also favored by the legal community that handles bond work, which in this case would have been quite complex and thus lucrative. Maybe future former Selectman-attorneys will have an additional profit center to look forward to in compensation for their working for short change for the Town.
I am not as sanguine as some are about the end of the threat of 40T for the remainder of the session. The Senate still has to vote on the bonding issuance (billions) and that means it will reconvene at any time, with little notice.
Under the rules, I am told, the Senate can take up ANY matter it had chosen not to vote on: this, of course, would include 40T. Because 40T was a vetooverride item, it could not be amended, only voted up or down. Thus, if taken up again, the full threat of 40T would remain.
So, I would hate for concerned citizens to be lulled into complacency, and lower their vigilance. 40T appears to remain a threat, and it would not hurt for activists to conduct whatever campaign they wish: letters to the TAB, etc.
Your analysis of Chapter 40T is in error. I participated in drafting Chapter 40T. It is designed to provide funding for needed infrastructure such as roads, water and sewer improvements. I can see no use currently for Brookline but many other communities would benefit from its provisions. It will reduce residential and commercial construction costs without one penny of cost to the Commonwealth or local property taxpayers.
You have heard of betterments and assessments? Essentially 40T is a self-taxing mechanism to fund infrastructure. It has no redevelopment powers. The District requires a petition to the local community signed by owners of at least 80% of the acreage in the District. The petition is accompanied by a very detailed Improvement Plan listing all aspects of the project including what powers the District could exercise. The city or town ,after a public hearing, can simply turn down down the requested District for what ever reason. If you read the legislation you will see that it is a public entity and considered a political subdivision of the Commonwealth. It is not a private entity or controled by a developer. Laws such a the open meeting law and other statutes applicable to to other types of districts apply.
The Purdential Committee that runs the District is appointed by the Selectmen or the City Council and can be removed for cause.
If the Improvement Plan lists eminent domain powers (this is optional) and ONLY if the local city or town approves, the District could use this power to widen a road etc. However, any taking MUST be approved by the City Council or Selectmen. This is a much stricter requirement than for a city or town itself since only the apporval of the Selectmen or City Council is required for municipalities. Of course, in that situation, there is no required consent from any property owners. With a 40T District often all property owners or at least owners of 80% of the acreage will have signed the petition to the municipality asking to create the District.
Did you know that 30% of the homes in the Commonwealth are on septic systems? Many of these people are desperate to tie into a modern sewer system. Unfortunately, many municipaliites are unable to fund such improvements. Chapter 40T would permit homeowners to band together and petition to create a District that could fund the improvemetns through assessments or betterment fees. Did you know that there were 403 districts in Massachusetts in 2002 accoding to the US Census Bureau? These districts go about their business very quitely so perhaps many Massachusetts’ citizens are unaware of the functions they fulfill.
Last year over $5 billion in special assessment bonds were isssued outside of MA. We are missing out on a voluntary program that can help fund diverse infrastructure needs. Chapter 40T is local initiative, approved by the local community to permit property owners to self-finance infrastructure improvements. The local community benefits from the increased tax valuation resulting from the improvements. You should check with the Town of East Bridgewater which would like to use Chapter 40T to finance the sewer needs for several thousand home owners. This is no conspiracy. Chapter 40T is a good old fashion self-help program to solve a common need.
Hal Davis