Category Archives: Business

Yeah, I’ve Seen This Movie Before

VTDigger’s Sarah Mearhoff authored an article Thursday that prompted flashbacks in this tired old brain. The story was copiously entitled “As the ‘right to repair’ debate comes to Montpelier, lawmakers face a ‘flood’ of opposition from national interest groups.”

Yep, a look back in the Google Machine reveals that I wrote the same damn story back in 2018.

“Right to repair” is a concept that ought to be enshrined in our law, except that it causes conniptions in Our Corporate Overlords. They’ve created perpetual revenue streams for consumer products by making it difficult to downright impossible for an owner to repair stuff outside of the corporation’s closed circle of bespoke parts, tools, software, and authorized repair shops.

This is fine in some ways, bu in excess it costs consumers bucketloads of extra money. You can’t, for instance, take your iPhone to an unauthorized shop to get a cracked screen replaced or a new battery installed. You’ve got to go to an official Apple shop and pay full Apple prices. And a repair shop has to pay through the nose for the privilege to be an official Apple joint. (Small Dog is no longer authorized to do Apple repairs because they didn’t want to pay the requisite freight.)

At issue in 2018 was a bill to establish a right to repair for all consumer items. It ended up as yet another study bill after hungry packs of top-dollar lobbyists descended on the Statehouse. This year, the bill in question would create a right to repair only for farm equipment. And once again, the custom-tailored lobbyists have swarmed the Statehouse. It’s the same playbook, and I fear it will once again end with the bloody carcass of pro-consumer legislation being ripped to shreds in their oh-so-sharp teeth.

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Fox Offers Rewrite of Henhouse Bill

There seems to be substantial momentum toward reform of the Vermont Economic Growth Incentive (VEGI) program. Two committee chairs, Democrat Emilie Kornheiser and Republican Michael Marcotte, worked together to craft H.10, which would require much greater transparency in the program among many other things.

That in itself is pretty unusual — leaders of the two major parties cooperating on a big piece of legislation. But what clinches the deal for me is that the Scott administration actually wrote its own version of H.10. It doesn’t usually bother to do that. I take it as a sign that Team Scott thinks some type of reform is inevitable, and they want to influence the process as much as they can. (Both versions of the bill can be accessed via the House Commerce and Economic Development Committee webpage. Archived hearings are on the committee’s YouTube channel.

VEGI is administered by the Vermont Economic Progress Council, a nine-member body including seven gubernatorial appointees. The administration’s version of H.10 was presented by VEPC Executive Director Abbie Sherman, whose interest was clearly in maintaining the current process as much as possible while making pleasant noises about reform. .

Let’s start with the fact that the administration bill would drop the VEGI name and replace it with the decidedly uncatchy Think Vermont Investment Program, or TVIP for short. (Tee-vip? Tuh-vip? Tveep?) When you propose changing the name of an established program, you’re acknowledging that the current name has a bit of stink about it.

Auditor Doug Hoffer, who’s a consistent critic of VEGI because of its lack of transparency and the lack of evidence that it works, is scheduled to testify before House Commerce at 1:00 Wednesday. I’m sure his view will be more comprehensive than mine, but let’s go ahead and take a closer look at VEPC’s version of H.10.

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Let’s Check In On Downtown Burling — Oh, Dear

There’s a lot of politically-motivated bemoaning of the Queen City’s fallen state these days. Crime, vandalism, fear, lawlessness, tsunamis, earthquakes, alien invasions… but now somebody’s brazen enough to label it an “apocalypse.”

Granted, it’s only Guy Page of the Vermont Daily Chronicle, but still. He really outdid himself with this one:

Fact check, please!

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Hoffer Debunks Another Bag of Magic Beans

The city of Burlington is in a spot of bother over “numerous errors’ in its Waterfront Tax Increment Financing (TIF) district. According to Auditor Doug Hoffer, the city owes the TIF district $1.2 million and owes the state Education Fund nearly $200,000, because it couldn’t keep proper accounts for its Waterfront TIF. He also found that the city spent $173,000 on bike path improvements that were, uhh, outside the TIF district. Since the total scope of waterfront improvements was $16 million, those mistakes add up to almost 10% of the whole ball of wax. Not inspiring, that.

But Hoffer doesn’t blame Burlington so much as the complex structure of the program itself. In a way, this shouldn’t be surprising; after all, it’s comically difficult to even explain the TIF concept in lay terms, let alone successfully manage one of the damn things.

But heck, let’s give it a shot. A tax increment financing district allows a municipality to incur debt for infrastructure improvements needed for development in the district and pay the debt out of future higher tax revenue. If it works, everybody wins. But the devil’s in the details, and there are hordes of pesky details in Vermont’s TIF program.

Whew. I think that’s in the ballpark at least, but don’t cite me as gospel. The point is, TIFs are complicated as all getout, and Hoffer’s audit indicates that it’s too much for our cities and towns to handle. In his words, ““Managing the complexities of this TIF district proved challenging for even the largest municipality in Vermont.” Says here if we can’t build a program amenable to proper management, maybe we should ashcan the whole thing.

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I Do Believe Somebody’s Finally Listening to Doug Hoffer

Sometimes I wonder how Doug Hoffer keeps going. He issues report after report, audit after audit, only to see them routinely dismissed by state officials and ignored by the Legislature. This is especially bad when it comes to state business incentive programs, which appear unkillable in spite of a complete lack of evidence that they accomplish anything. And, as Hoffer points out, the programs don’t even require evidence. Decisions are often unreviewable by anyone else, and crucial information is kept private as a statutory deference to business interests.

But now, as a new biennium dawns, there are signs that Hoffer is finally having an impact.

First, there’s H.10, a bill that would require much more transparency in the Vermont Economic Growth Incentive program, which may or may not produce any actual, you know, economic growth. A similar bill got nowhere in the last biennium, but this time its sponsor, Rep. Emilie Kornheiser, is the newly-minted chair of the House Ways & Means Committee. Which is to say, she’s got some freshly acquired heft. And H.10 is co-sponsored by Rep. Michael Marcotte, the Republican chair of the House Committee on Commerce and Economic Development, which is where the bill will be heading.

Bipartisanship, it’s a beautiful thing. But if you listen closely, you can hear Gov. Phil Scott’s legal counsel Jaye Pershing Johnson furiously leafing through the books, searching for a constitutional pretext to oppose the bill. If H.10 does get through the House and Senate, a gubernatorial veto seems likely. After all, the governor is a devoted friend to the business community and he absolutely looooooves him some business incentive programs.

If H.10 gets through the House, it will land in the Senate Economic Development Committee. Former chair Michael Sirotkin was a staunch believer in incentive programs, and it’s easy to imagine him dropping the bill into the circular file. It should be a different story under his successor, Sen. Kesha Ram Hinsdale.

Second, there’s H.24, which would give the auditor’s office greater access to information about entities that get state contracts. The bill is meant to counteract a Vermont Supreme Court decision that denied Hoffer access to payroll information at OneCare Vermont.

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Here’s One VEGI That’s Bad For You

State Auditor Doug Hoffer has issued a damning indictment of the Vermont Employment Growth Incentive, or VEGI for short. He has, in the past, pointed out the fundamental flaws in the program: the “but for” test at its foundation is impossible to prove and routinely ignored, employers who get these “job creation” grants often fail to actually create jobs, grantees sometimes cut operations or even leave the area despite getting the grants. And while the incentives are big money for the state, they’re peanuts for big employers and they really don’t incentivize anything.

We know that. What we didn’t know — or shall I say, I didn’t know — is that the program is run completely independently by an appointed board. There is no provision in state law for any oversight or review of granting decisions. You can’t take it to court, either. And that board often flouts its own standards. It’s the Wild West.

Funny, this is exactly why Gov. Phil Scott vetoes bill after bill — he decries decision-making by state entities without any legislative or executive review. One would think he’d be leading the charge for VEGI reform. But he’s not, because he’s just fine with giving bags of money to businesses with no strings attached.

Just imagine if a welfare program worked that way: a recipient claims a need but doesn’t have to provide evidence or seek employment. They just get the money.

That wouldn’t fly, would it now?

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We Try to Preserve the Best of Vermont, But What About the Rest of It?

Vanishing traces of our history

We Vermonters spend a lot of time and energy safeguarding our state against the onslaught of modern life. In community after community, like-minded residents band together to fight against so-called “improvements” and to preserve the best of our beloved Vermont. But the best is not the only thing that warrants preservation. The derelict buildings, distressed roadways, junk-filled lawns, and the glorious suburban blight of Williston Road also contribute to making Vermont such a special place, They bring life and complexity to what might otherwise be a sterile two-dimensional cartoon.

That’s where we come in, my friends. We are Montpelierites Organized for the Preservation of Eyesores, or MOPE for short. We’re not here to support the Statehouse or Hubbard Park. Other people do that. We’re here to fight for the more mundane aspects of our beloved capital city. Think of us as the slightly better-organized equivalent of those people in Burlington who file lawsuits against anything and everything. Thanks in part to them, The Pit continues to be a familiar blight in the heart of the Queen City.

MOPE came into being after the tragic removal of a long-established junkyard on Barre Street. It was a familiar part of our city’s landscape, a small reminder of our gritty industrial heritage. And then, suddenly, after only a few decades of battle, it was gone. We’ll never get it back.

Take a gander at the street scene above. Those faint orange patches are the remnants of the BLACK LIVES MATTER motto painted on State Street in 2020, when the killing of George Floyd galvanized a nationwide movement. The paint has faded over time, but what remains is a testament to that most Vermontish of pastimes: the empty gesture. If another winter goes by, there may be noting left at all. We must act now to save these precious smudges!

And no, we don’t want it repainted. We want it as is.

Many other such treasures are under threat, due to the well-meaning plans of property owners and bureaucrats and other meddlers who don’t understand the importance of saving Montpelier exactly how it is right now.

When it comes to change in the capital city, MOPE says NOPE!

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It Was All So Easy Back Then

I dunno, sounds like socialism

There is still much more to be written about the Scott administration’s VERAP mess. (Whether our ever-diminishing political press will cover it or not, we’ll see. Anyone filed a public records request yet? Bueller? Bueller? Anyone?)

What’s clear so far is that the administration somehow failed to discover that the emergency rental assistance program was running out of money until drastic action was required to prevent it from going immediately bust. Or possibly they discovered it earlier and covered it up until it was too late for anything other than emergency action. (That’s what a public records request could determine. Bueller?)

But there’s another whole dimension to this situation, and it has to do with the perils of bounty. Remember way back in 2021 and 2022, when Vermont was (metaphorically) flooded with federal Covid relief funds? Yeah, those were good times.

And what happens in good times? Prudence is abandoned. Abundance seems endless even when you know damn well it’s not. Policymakers in the administration, with buy-in from the Legislature, made a bunch of choices about how to spend all that money.

In retrospect, some of those choices look awfully unwise.

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About That Amazing Art Installation…

“Oh, great!” was my initial reaction to news of a massive art installation planned for the Essex Experience, a rather depressing retail sprawl just off Route 2A and Highway 289. The project, named Babaroosa, is inspired by the insanely successful Meow Wolf multisensory environments in Santa Fe, Denver, and Las Vegas.

Creators Teresa and Robert Davis promise “a labyrinth of over 60 rooms intricately woven through a 20,000 square foot complex.” It might sound like an artistic fever dream, but it’s got some serious money behind it. They’ve secured $7.25 million in loans from the Vermont Economic Development Authority and the Vermont State Employees Credit Union. Essex Experience owner Peter Edelmann will contribute $5 million in real estate, about which more below. The Davises are raising nearly $11 million in investor equity.

I’m looking forward to a visit if it comes to pass. However… the location is a terrible place to put a major tourist attraction.

The Davises foresee a half million visitors a year. Seems like a stretch, but Meow Wolf has become an entertainment phenomenon in a few short years. Let’s take their word for it.

The most popular tourist attraction in Vermont is the Ben & Jerry’s factory on Route 100 in Waterbury.with 350,000 visitors per year. It contributes substantially to the horrendous traffic on Route 100, but at least it’s only a short hop from the interstate.

The Essex Experience is six miles north of I-89 Exit 12. Doesn’t sound like much, but those six miles include the sprawling mallage just off the freeway, the busy US-2/2A intersection, a crawl into Essex, the Five Corners junction, and another crawl to 289. Virtually all of it is two-lane road. It takes 15-20 minutes to make the trip if traffic is unusually light.

I know because I made the trip in 16 minutes on Monday morning at about 10:00 a.m. Rush hour was over, and retail traffic had yet to pick up. Still, traffic moved consistently below the speed limit — which varied from 25 to 40 mph.

The Davises are talking about nearly doubling traffic along that route. Yikes.

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“Some Call You the Elite. I Call You My Base.”

It was one of the signal moments of the George W. Bush presidency. The leader of all Americans yukking it up with the rich and powerful, making sport over his assiduous cosseting of The Ruling Class.

Well, it’s looking more and more like Gov. Phil Scott’s heart is in the same place.

On Thursday, Commerce Secretary Lindsay Kurrle sent a memo to the Vermont business community on the subject of the pandemic. I guess she’s proud of it, because her agency also released it to the press. I’m not sure she should be; the memo is a glimpse into the real priorities of the Scott administration, and helps explain his refusal to consider any steps that might interrupt the flow of commerce.

Kurrle’s memo urges businesses to take steps to limit the further spread of the virus. This indicates that despite its public optimism, the administration is seriously worried about the next phase of the pandemic.

The most telling line in the entire thing: “Should we see an influx of positive test results, it could impact your ability to operate.”

Not “it could spread suffering and even death among Vermonters.” Not “it is likely to take an outsized toll on the most vulnerable among us.” Nope. The big concern is that businesses might have to limit operations or even shut down. Oh, the humanity!

Kurrle begins with obsequious praise for business leaders who “stepped up” in the face of the coronavirus. She wrote of “your sacrifices” — not those of front-line workers or the suddenly unemployed or the vulnerable elderly, but the real heroes of the pandemic: our bosses. “You rose above fear and frustration and acted without knowing when you would open your doors again,” Kurrle wrote. “Thank you for all you have done for our state.”

Gag me with a spoon.

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