Third Degree Burns.
By Jim Conley • September 25th, 2007 • Email This Post to a Friend •
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As the blogger Atrios says, “Oh God, the stupid…it burns!”
Folks, I’m not sure I can cover the dog and pony show that the Brookline Selectmen are putting on with respect to the ground lease they are entering into with Children’s Hospital [see previous].
This group has no business deciding on which paper stock the final agreement should be printed, never mind addressing the intricacies of the deal.
Perhaps someone else can enlighten readers on the intellectual atrocities committed by the Board (the outcome was never in doubt - it’s important to a real estate developer that the town agree to the deal so it’s a go), I can’t afford to lose the neurons.
When do the Selectmen cease being an embarrassment to only themselves and become an embarrassment to all of us?
Alas, that time has arrived. And it just hurts too much to watch.
Jim Conley is publisher of On Brookline.
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ALERT TO ALL MA MUNICIPALITIES!
HOW TO LIMIT PROPERTY TAX EXEMPTIONS!
This unique Brookline doctrine was elaborated upon by Selectman Gil Hoy and augmented by Chair Nancy Daly at yesterday evening’s Board meeting. The basic doctrine:
A developer may be provided zoning relief (upzoning, of course) for property via a zoning amendment provided that the property never can be entitled to property tax exemption. This can be accomplished by the mechanism of the Town becoming the owner of the property, for the token consideration of $1.00, which the Town will then lease to the developer. By means of the lease, even if a charitable non-profit (say, a hospital) were to occupy the property for its charitable use, it is not tax exempt since the charitable non-profit does not OWN the property. As part of the lease, the rent is - TA DA! - equal to the property tax that the property would normally bear. (Keep in mind that the Town’s investment in the property is only $1.00 plus the manipulation of 240 TMMs to go along with the program.)
Simple! No need for a PILOT (Payment In Lieu Of Taxes) arrangement with the non-profit. The property is, by virtue of the Town’s ownership (albeit in token form) property tax exemption free for 95 years at least. (The charitable non-profit might want a longer lease term, so it might seek an option to extend for an additional 95-year term.)
So, the advice to MA Municipalities is to act fast, before the charitiable non-profits get to the MA Legislature to enact some provisions to close this unique Brookline doctrine loophole on property tax exemptions.
Why limit this doctrine to MA? Let municipalities throughout the US adopt it so that they too can thumb their noses at property tax exemptions.
THIS IS BROOKLINE EXCEPTIONALISM AT WORK!
We must give credit, where credit is due, to those public officials in our Town and at the State level that helped to develop Brookline’s doctrine.
1. To EDAB and its members for pushing the Wynn/Cassin development agenda for the block in which the B-2 parcel is located.
2. To the drafters of the warrant articles for both the proposed zoning change and the sale/leaseback arrangement.
3. To the Board of Selectmen and the Advisory Committee for their favorable reviews of such warrant articles.
4. To Town Meeting’s TMMs who voted in the affirmative to adopt the zoning change (two-thirds) and the sale/leaseback arrangement (majority).
5. To the MA Attorney General’s office for “approving” the zoning change (disregarding the opposition of yours truly).
6. To the MA Legislature and then Gov. Romney for enactment of the special bill to permit the Town to leaseback.
7. Again to EDAB for the follow through with Children’s when Wynn and Cassin decided to cash-in.
8. To Town Counsel for her good sense in bringing in the Boston law firm of Goulston & Storrs to address the complex issues involved with complex documents.
9. To Town Counsel’s office for its presentation to the Board yesterday evening.
10. To the Selectmen, especially the three (3) who are attorneys, for their understanding these complex issues possibly without reading all of the complex documents.
(If I left anyone out, let me know.)
Let’s ask them all to stand up for a big round of applause. Perhaps when Town Hall is reopened as the Taj M’Hall, the hanging of an honor roll in recognition of their roles in this Brookline doctrine would be appropriate.