BURRILLVILLE – A move Wednesday night to begin taxing an all-volunteer non-profit that has worked to protect the town’s rural character for some 25 years was denied following extensive testimony against the initiative from the organization’s members and other residents, many of whom said they were confused as to why it was even considered.
The Town Council voted 4-3 against a resolution that would have requested the repeal of the Burrillville Land Trust’s tax-exempt status by the General Assembly, with Council President Donald Fox, and Councilors David Houle and Anne Brown, voting in a minority in favor of the proposal.
The move would have reversed legislation first passed by the House and Senate in 2017 establishing that property owned by the organization would not be subject to taxation. Town Manager Michael Wood said that if passed, the change would amount to $3,941 in additional revenue for the town under current rates for the year.
Most who spoke at a public hearing on Wednesday, March 12 were opposed to the idea – and many expressed anger both that the council would propose it, and the form in which the issue was listed on the meeting agenda. The meeting document listed plans to “Consider and act on adopting a resolution requesting the repeal of Chapters 276 and 299 of the Public Laws of 2017; or take any other action thereon.”
Betty Mencucci, who has served on the land trust’s board for 15 years, said she was told removal of the exemption would be taken up at the meeting.
“I looked at the agenda and said ‘Ok, it’s not there,'” said Mencucci. “I don’t know what those numbers mean. It’s just so hidden. It just seems so devious.”
Mencucci was not alone in the assessment.
“This particular line item in your agenda just refers to chapters and verse,” said resident Chris Watson. “It doesn’t give any names or identification. Normally it’s giving some information as to what the item is about. The Burrillville Land Trust has been apparently or specifically left out of this verbiage so people didn’t know what chapter 276 and 299 were unless they went through the trouble to look it up.”
A resolution signed by Fox, but not made available to the public until the night of the meeting following public testimony, stated that “the disposition of the tax status of acquired land and property should be controlled by local elected officials, not private organizations.”
“The town wants to better coordinate the long-term objective to acquire and preserve land and property without being in competition with private organizations,” it stated. “Transparency will be enhanced by minimizing or eliminating the transactions of private land trusts verses a public entity following State open meetings and public records laws.”
Another section of the resolution pointed to one reason behind the initiative: the Burrillville Land Trust’s involvement with fundraising efforts supporting litigation in opposition to installation of a synthetic turf football field at Burrillville High School. The town is currently in a legal battle against resident Roberta Lacey, who filed a lawsuit challenging the effort last fall. Town officials have said that the litigation, which effectively halted progress at the field with a restraining order last year, has added to a strain on town finances in an already difficult budget year.
“The local private land trust is actively working at cross purposes with the elected town leaders,” the resolution noted.
Councilor Dennis Anderson, who ultimately voted in the majority in favor of retaining the tax exempt status, said that until last year he was “very supportive of everything the land trust was doing.”
“What soured me was when, as a 501c3, they started becoming the fundraising arm for legal expenses to sue the town,” Anderson said. “That whole thing soured me on their role in something that was putting the town in a difficult situation.”
Mencucci noted that supporters of the trust were also in a difficult situation – trying to defend the organization with no understanding the reasoning behind the initiative in advance. She and others referenced comments posted on social media by Fox about the public’s access to properties in the land trust’s care, and the ban on hunting on their acreage.
“Why, suddenly, is the land trust being picked on for its non-profit status?” she asked. “It’s seems like there should have been a reason why first. How do we know how to defend the land trust if we don’t know what we’re defending for. The only clue we have is what Mr. Fox put on Facebook.”
Mencucci noted that the public does have access to some of the land trust properties, including the Bobcat Trail on Jackson Schoolhouse Road and the Clear River Preserve Trail.
“It’s one of the most beautiful places in Burrillville,” she said, noting that the question of hunting is decided according to the wishes of landowners who ask the land trust to manage their properties.
“We have to abide to the wishes of the landowner,” Mencucci said. “If the land owner wanted to have hunting, than we would abide by those wishes.”
Wood said that according to town records, the land trust currently manages 14 properties totaling 291 acres, including ten in the Farm, Forest and Open Space program. The program, he notes, results in lowered assessed values.
“The acreage is being devalued,” Wood said, noting that without the program, the value of the land trust’s land would already have exceeded the $2 million cap established as part of the tax exempt legislation.
One resident did speak in favor of the proposal.
“Any piece of property that is tax exempt – that doesn’t pay taxes – effects my tax bill,” said Ron Daignault. “They provide access to everyone except hunters. I think they should give access to everyone – especially if they’re going to be tax exempt.”
After more than 40 minutes of public comment, Councilor Stephen Rawson requested a brief recess. When the council returned, Rawson moved to table the resolution, but was outvoted.
Fox’s vote to pass the resolution was seconded by Brown, but defeated by the majority of Councilors Justin Batalon, Kevin McDaniel, Rawson and Anderson.
Well done Council. That was the correct decision for the taxpayers. Thank you. Sneaky public notice practices by hiding the resolution in the form of alpha-numeric code so the public really has to go out of their way to understand what the hidden agenda is. Vote wisely next election, there’s some bad apples in the batch.
Agreed. I often doubt the Council, but in this case they followed through on the taxpayers’ wishes.
I see this as a power play for control by the town to put pressure on anyone not agreeing with the town turf project.
The concerns with plastic is real global and we are guilty of not being aware because of all the convince plastic gives us. Plastic does get very hot like trying to walk barefoot on a deck made of composite or concrete.
I agree with the gentleman with regards to the management of the game and vegetation on the. DEM has a good idea on what is the better thing to do with scientific data helping to make a call. Land trusts should fallow.
Although I am at odds with those who object to the turf field, I am glad that the Burrillville Land Trust was defended. We can disagree on their stance in one specific area, but by and large they do what is best for the community.
A non profit organization is being prosecuted for preserving land in pristine, or managed condition, for the present residents, and future generations of the town because they are competing against private entities. Well, of course! the private entities would like to have the land to clear cut and throw up housing thereby making money to line their pockets. Isn’t that kind of obvious? Why wouldn’t you side with those that want to preserve some land? Sounds like a power grab by taxing the non profit out of existance? Maybe I’m confused.
Don’t expect anything good to come out of anything and you won’t be so disappointed….it’s expected.
Thank you to councilors Batalon, McDaniel, Rawson, Anderson, and Ms. Menucci and The BLT. No doubt this was a backhanded and naked political stunt. This is what turns voters off.
Is this for real? Open space is one of the best things in this town.
I’m sure it will all be explained to us in the political propaganda publication we pay for, the Burrillville Bugle