FACTORING
IN THE WIND CHILL
As if last week’s temperatures were not frigid enough, news accounts
of the city of Nashua’s financial distress were absolutely chilling.
According to The Telegraph and The Union Leader (Jan. 13, 2004), Nashua’s
anticipated budget deficit of nearly $15 million may lead to a double-digit
increase in the tax rate, employee layoffs, cutbacks in services, postponement
of needed capital projects, and sales of city assets.
This is not the kind of news one expects to see when just two months
ago the city, amidst much fanfare at a City Hall press conference, proposed
spending $121 million in the largest financial commitment in its history.
Yet the news reports went on to say that despite the looming financial
problems, the city “would continue to pursue the acquisition” of Pennichuck
Corporation, and that water ratepayers, not taxpayers, “will eventually
pick up . . . research and legal bills associated with the attempted
takeover.”
In our opinion, that statement is presumptuous, financially naive and
unrealistic. Here’s why:
It presumes the city will prevail in convincing a court that taking
Pennichuck’s assets by eminent domain is both legal and in the “public
good” (see our recent ad #4, “Nashua’s Condemnation . . . Uncertain”
at www.pennichuck.com). If the city does not prevail, or if the city
ultimately decides not to proceed because the cost of acquisition is
too high, then taxpayers, not ratepayers, would have to pay the legal
and consulting expenses, which could reach $1 million or more.
It presumes that ratepayers and taxpayers are different people, a distinction
that is lost on most citizens since they will end up paying whether
the cost is on their city tax bill or their city water bill.
It presumes the city can make unilateral decisions now about costs that
affect water rates in the future. The citizens of Nashua and the surrounding
towns who have been working diligently to form a regional water authority
may have something of their own to say about these matters when they
ultimately have a chance.
It fails to recognize that if the city takes Pennichuck’s assets by
eminent domain, then the city will lose forever more than $1 million
in annual tax revenues. And, one can only speculate what removing one
of the largest private taxpayers from the city’s tax roles will mean
for the state school aid formula. Nashua taxpayers already know what
it can mean for them – more taxes and fewer services.
It implies that the city is serious about pursuing the eminent domain
process, is actively working on the acquisition of Pennichuck, and actually
has a plan for funding the effort and the ultimate acquisition. From
Pennichuck’s perspective, nothing could be farther from reality. To
date, Pennichuck has not attended a single meeting where it has seen
evidence that the city has even considered engaging the professional
advisors it will need to accomplish such a transaction. Moreover, the
city has repeatedly refused even to consider the national trend of outsourcing,
including model public-private partnerships and contract operations,
as a way of cutting municipal costs and assuring technical capabilities.
In view of its financial problems, one would think the city would be
eager to discover how the rest of the country is dealing with fiscal
and operational issues.
“Frozen” is how we would characterize the city’s inactivity when it
comes to discussions with Pennichuck about the future of water service.
To its own detriment, the city’s stalling tactics are actually inviting
additional financial liabilities.
It’s as clear as a cold winter’s day that the city of Nashua is ill-prepared
to acquire Pennichuck now. Neither can it afford to keep the water ownership
issue in perpetual limbo. Either way will expose the city to even greater
financial peril. Unfortunately, there’s no shelter to be found in doing
nothing.
Pennichuck Corporation
January 22, 2004