SU FYI

1. Solar Potential Map Commissioned by Mass. DOER

Click here: https://technicalpotentialofsolar-ma-synapse.hub.arcgis.com/pages/main-map

This map shows Berkshire County all in color. Color means every forest, standing tree, fallen tree, root and branch can be swept away by the state for the greater good.

In this case, the greater good is to create clean energy — laughingly — at the expense of killing the oxygen creators.

The same legislation removes local control. Berkshire County is vulnerable once again to supplying the needs of urban areas.

2. An exhibition of the paintings of Sarah Horne

2. An exhibition of the paintings of Sarah Horne will be at 6 Depot Street, West Stockbridge. Open 8am — 3pm from now until December 6, 20243.

3. What to know about the Tax Classification Hearing

About the process:

The difference between a public hearing and a public meeting is that a public hearing is confined to a specific issue.

• Only an issue before the hearing can be discussed — nothing else. To be before the hearing, the issue must be moved and seconded. Only after the motion is seconded does the Chair open the topic to discussion.

This order of actions is based on simple logic: if a motion is made but not seconded, it dies for lack of minimum support. The Chair announces, “the motion has died for lack of a second.” Literally, therefore, there is nothing to discuss.

• If the motion is seconded, the Chair opens the discussion. The Chair is neutral during discussion. The Chair can limit the time a speaker is allowed. Commonly that is 3-5 minutes per speaker. It might vary, however, whatever the time allowed it is the same for all speakers, and the Chair endeavors to allow an equal number of speakers on each side of an issue to speak.

It is the right of the people to be present. Open Meeting laws assure that the time and date is publicized, and the space is accessible. During the hearing, the people have the following rights under law: the right to be present, to observe their elected officials at work, to listen and to speak.

• To be precluded or ejected from a public hearing takes away a legal right from an attendee, and therefore, the Chair must have proper grounds.
• Generally, the grounds are limited to someone refusing to stop speaking when asked or to otherwise verbally or physically disrupt the meeting.

The rules enumerate our representatives’ obligations and the people’s rights. To break the rules or ignore them is to abrogate the people’s rights.

About the content:

The Residential Tax Exemption (RTE)

The following is unrelated to whether we support or oppose RTE.

• It sounded as if people present believed that our Select Board has control over the terms and conditions of RTE. They do not. As Select Board members, they may only vote to accept or reject RTE. In fact, they have a legal obligation to hold the Tax Classification Hearing every year and vote on the options the state presents (preferably in October).

If the SB adopts RTE, then they determine the percentage granted residents - an amount between 10% and 35% (and that may increase to 50% in near future).

• There is nothing peculiar or underutilized about RTE. It is a wide-spread practice throughout the United States. Nearly all states, 46 out of 50, offer some form of RTE and always for residents only.
• The intention of RTE is not unfair or prejudicial. The goal of RTE is to help residents stay in their homes by making carrying costs more affordable. Just as, in many states, Homestead Laws protect primary home ownership from bankruptcy or lawsuits. The goal is positive, set to benefit primary homeowners with no intent to harm anyone.
• Finally, since 46 out of 50 states have RTE, it is a good guess that our second homeowners here are enjoying a residential tax exemption in their home state.
• The cost created by reducing the assessment up to 35% is shifted. Massachusetts decided to shift it to non-resident homeowners. Our local representatives cannot change that.
• All tax exemptions — agricultural, forestry, small commercial — shift to the rest of us. We are paying for all those now. So folks voting against RTE are enjoying the benefits of other tax exemptions that we are paying for - odd but true.
• There are approximately 1700 homes in Stockbridge and ownership by residents and nonresidents is approaching 50/50. That is the optimal situation to adopt RTE. The burden of residents is reduced as intended by the law, and an equal number of homes owned by nonresidents absorbs the extra cost thus smoothing the impact.

Photo: Jan Wojcik