Londonderry News

If a new state law, SB 381, is adopted by the Town Council, the Londonderry Conservation Commission will have the power to spend taxpayer funds on conservation purchases without approval of the Town Council.

The new law has been under discussion at the Commission since October 14, 2008.  At that meeting, Commission member Mike Speltz urged passage of SB 381 citing “the improved opportunities the bill provides for greater and more efficient conservation of natural resources”, but noted “if such an article were to pass in Londonderry, there may well be objection to the idea that Town funds could be expended by residents who are not elected”.  At subsequent meetings, the Commission stated it wanted to change the wording of the Londonderry version of SB 381 to continue to allow the Town Council to retain final approval of conservation purchases.  However, at the July 14, 2009 meeting, the Commission reported the Town Attorney’s has concluded no changes can be made to SB 381 and that if the Town Council passes the law, the Conservation Commission will have sole final approval over conservation fund expenditures.  Whether the Commission can create a legally binding agreement with the Town Council to give them final approval over fund expenditures, as proposed by Speltz at the same July 14 meeting is unclear.

As the Town’s budget process begins it’s time that the full implications of SB 381’s provisions be reviewed.

If past behavior is the best predictor of future conduct, recent spending by the Commission could prove troubling for Londonderry if SB 381 is past.  Last February the Commission unanimously voted to purchase an easement over the Estey Saw Mill for $1,028,600 based upon an appraisal completed two years earlier in January 2007.  The Commission made a formal offer to the sellers in early 2008, based upon the 2007 appraisal.  Until the vote in February, 2009, the offer was not legally binding.  When questions concerning the price arose after the vote, (due to falling real estate prices) the Commission’s original response was that it believed it had a “moral obligation” to go forward with the sale.  Subsequent to the vote, the Commission attempted to justify the 2007 price by asserting that land of the type it was purchasing from Estey, hardly declined at all during this period, based upon information acquired by member Mike Speltz.  Yet by the time of the April Town Council hearing approving the purchase, Speltz did not produce any evidence that real estate prices had not declined and subsequently admitted that the value of the land may have declined by as much as 30%.  Still, despite this admission, Speltz urged the Town Council not to seek a reappraisal of the property, having earlier at a March Commission meeting noted if another appraisal were required, Harold Estey would back out of the deal.

The recent Commission’s proposal to buy an easement from Andy Mack on his Pillsbury Road parcel for an appraised value of $900,000, also raises questions.  Unlike the Estey purchase, the Commission utilized a recent appraisal to determine the value.  However, in order to close the deal, the Commission gave Mack the right to withdraw two lots of land for his own personal use, without any commensurate reduction in the purchase price.  At the appraised values of $58,000 for each lot, this effectively means the town is paying $900,000 for an easement that is worth less than $800,000.

Strangely, while not seeking to take any advantage of the downturn in the real estate market to obtain a decrease in purchase prices for these two parcels, this past summer, Mike Speltz urged the CIP Committee to endorse $6,000,000 in continued funding of open space, citing of all things a “leveling off of real estate prices”.

Given this history, if SB 381 is enacted and gives final authority to spend conservation funds to the Commission, can there be any doubt that these past practices will continue.  If passed, Londonderry taxpayers will no longer have any meaningful voice on such unrestrained spending.  This unelected Commission which has demonstrated that its first priority is to maintain good relations with sellers at whatever costs to the taxpayer should not be given the authority to spend taxpayer funds without review.

With the Town’s budget process soon to begin both the Town Council and/or the voters may decide it’s necessary to reduce spending in this difficult fiscal climate.  If we are to avoid a repeat of last year’s events, where in March, the Town engages in cost cutting only to see in April the Conservation Commission’s fiscally irresponsible behavior erase those savings, then now is not the time to give this Commission unlimited authority to spend taxpayer funds without review by elected officials.  The Town Council should decline to pass SB 381.  It is “morally obligated” to the taxpayers to do no less.

Other Stories on this topic.

Does Unelected Conservation Commission Overspend Taxpayer funds?

Town Council to take up order to Preserve 74 Acres on 102

Estey Sawmill may be conserved

Andy Mack Sr. Open Space, In His Own Words

Town Council will Vote to Preserve 24 acres

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