$6 Million Bond Position Paper
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Should the town take out a $6 million dollar bond for the purchase of open space (to prevent tax hikes)?

NO. Other, better alternatives have not been explored.


The ADT reluctantly recommend against passage of the DO-IT bond initiative in the March 9th election.

The DO-IT proposal is an interesting “first cut” at managing Derry’s growth and slowing the ever-increasing rise in taxes. Unfortunately, some of the assumptions needed to make its economics work are, at best, fragile. If the assumptions fail to hold, taxpayers will be further burdened, perhaps for some, past their limit. However, DO-IT has surfaced an intriguing concept for aligning Derry’s real estate tax base with its system of taxation. Variations on their proposal may yield a big win for the taxpayers. In particular, Mr. Lee’s proposal offers some potential benefits for Derry and deserves further study, but passage of the specific initiative on the ballot has too many unknowns.
Derry DO-It (Derry Open-Space Initiative Team) should be applauded for taking the initiative to develop the $6 million land acquisition bond proposal. Derry desperately needs more of its citizens involved, working to improve the quality of life in Derry and searching for innovative ways to reduce our local taxes.

The DO-IT group believes its bond referendum scheduled for the March 9th ballot achieves both of these goals. It proposes the town bond $6 million and use the proceeds to acquire undeveloped land. By so doing they hope to slow Derry’s growth and therefore slow the increase in school enrollments. The logic of their position is as follows:

-- A new home might add an average of 1.5 additional children to the school population
-- Each additional child in school cost the taxpayers $5,912 per year
-- This equates to $8,868 in school costs per new household
-- If the new home is assessed at $200,000 it will generate $6,434 in taxes
-- Thus, each new home costs the town’s taxpayers an estimated average of $2,450 per year

Now for some analysis of the economics of this proposal: (these are ADT’s assumptions not DO-IT’s)

-- Annual payments on a $6 million dollar bond are $475,000 (20year bond at 5% interest)
-- To have the tax savings (see above) offset the bond payments, the town would have to avoid the building of at least 194 new homes (calculated by dividing the $475,000 payment by the $2450 savings per home)
-- Theoretically then, the town could spend $30,927 per lot to stem the population growth. So far, so good.

However, as with any proposal involving forecasted events there are a number of underlying assumptions that must be considered. As it is said, “the devil is in the details.”

1. Chief among the assumptions is the premise that the land to be acquired would have been turned into residential lots if not for the town’s purchase. If, for example, half of the land would have remained undeveloped for the twenty years, then the economics begin to fall apart, allowing only $15,463 to be spent per lot acquired. Do-IT can make a good case here that there is a high probability of development. The Department of Transportation estimates 5000-7000 new housing units will be needed by 2020 in Derry.

2. The estimates detailed above assume that, if not for the land acquisition bond, all 194 homes would be built immediately. If instead, the lots were to be developed evenly across the 20 years of the bond, school savings would only cover a cost of approximately $15,000 per lot.

3. Inherent in the proposal is the assumption that taking the 194 lots off the market succeeds in reducing the growth of the town’s population. Alternatively, it could simply redirect the new population into buying the remaining developable properties, driving the prices up and encouraging other landowners to sell to developers. (The plugging of one leak may not keep this boat from swamping.)

Other considerations:

In this document we have only explored the immediate tax consequences of this bond proposal. There are undoubtedly esthetic and quality of life considerations that must be considered and balanced against the Derry taxpayer’s ability to shoulder this additional burden.

The most direct beneficiaries of the bonding will be the sellers of the land and the abutters whose property values increase. It appears that the Derry Town Council will have control over the distribution of these benefits. To the best of our knowledge, no criteria have yet been established for judging the appropriateness of any given land purchase. Will favoritism be seen in the choice of parcels?

Mr. Hugh Lee has suggested an alternative to the town’s acquisition of land. He suggests contracting with landowners to add 5 acre minimum subdivision codicils to their land deeds. This is a particularly interesting suggestion in that it would:

-- Stretch the buying power of the $6 million bond. It would certainly cost less to buy the addition of such a codicil than it would to buy the property outright. This, in turn, will increase the amount of land that can be saved from development.

-- Buying these rights would have roughly the same impact as 5 acre minimum zoning, without the legislative taking of property rights.

-- The property that has the five acre rights acquired will remain on the tax lists whereas lots that are acquired outright by the town are off the tax list, perhaps forever.

-- Under Mr. Lee’s proposal, the land remains under private ownership. No town resources are required to maintain the land. (Land owned collectively by the town tends to suffer from what economists refer to as the “tragedy of the commons.”)

-- Five acre lots are likely to draw more high value homes into Derry. Higher value homes finance more of the school tax burden. A $400,000 assessed value home would pay for the $8868 in school costs and contribute an additional $4000 to help pay for police, fire, town administration, etc.


How did this issue stack up against the ADT's 11 Questions?

The Alliance of Derry Taxpayers have developed a list of eleven key questions that should be addressed in evaluating any proposed Derry town action. Let us examine how the proposed $6 million bond project fares when viewed through this jeweler's eye:


1. What "need" is this action supposed to address? Is this truly the role of government?

Answer: The proponents of this bond hope to reduce the growth rate of Derry’s population, reduce development of land in Derry and slow the increases in local tax rates.
Conservation can be accomplished through private actions (e.g., Ducks Unlimited) but this is more difficult than voting to spend someone else’s money to further that cause. In general, it is proper for the tax to consider actions that will minimize the growth in tax rates.

2. Is the proposed action legal and within the proper jurisdiction? Does it rely on a narrow interpretation of the "letter of the law" while running counter to the "spirit of the law"?

Answer It is within the town's power to bond and buy.

3. What other options, including private sector, exist to address this issue? Have they been properly and effectively evaluated?

Answer It seems other 'private' options have not been fully explored. (See comments regarding Mr. Lee’s suggestion.) Also, the issue of the relative merits of public ownership of significant parts of Derry vs. private ownership has not been thoroughly aired.

4. Which possible solution has the lowest short term costs to the taxpayer, and which has the lowest long term costs?

Answer It would appear reasonable to assume that the town’s acquisition of building rights would be less expensive than outright acquisition of the land both in the short and long terms.

5. Does this action benefit only a few? Should the majority of taxpayers fund this benefit for the few?

Answer Certainly abutters are significantly benefited as may be the land sellers depending on whether the prices paid exceed development market rates. The majority of the citizens of Derry are benefited IF DO-IT’s assumptions prove out and tax rates are lower than they would have been.

6. What are the short and long term consequences of implementing this action? Have recurring operating costs been factored into the true cost to the taxpayers? Will this action force funding consequent actions?

Answer By acquiring the land, Derry takes it off of the tax base. There also may be some public maintenance costs. Reducing the supply of buildable land in Derry will increase all other property values to some extent. This is good for current landowners and bad for local young people who may want to build in their home town.

7. What are the likely collateral consequences of this action? Increased traffic, reduced safety, damage to existing neighborhood? Will this action increase the size of bureaucracy, and/or add regulatory interference? Will it result in the loss of personal freedoms?

Answer None other than the positive or negative impact on local taxes.


8. Who truly benefits? Are there hidden agendas that are being fulfilled by this issue? Is there favoritism or other remuneration involved?

Answer It is likely that the Conservation Commission would have significant input into the selection of properties to be acquired and perhaps the deals themselves. The answers to these questions depend upon the integrity of that commission and of the town council.

9. Are undefined generalities, vague assumptions and unverifiable conjecture being used to advance the idea? Or is the idea being supported by proven facts?

Answer No, while the case for the bond does ride on a number of assumptions, they are not vague. As with any set of forecasts, there exists a range of accuracy. If the forecasts are in error, the case for the bonds weakens.

10. What restraints are in place to verify that the intended action will be implemented as planned? (without changes in scope once authorized)

Answer There are no restrictions on how the money is spent. The case for the bond requires a calculable price per building lot to offset the cost of the bond. (About $30k maximum - by our calculations). The town council will be allowed to spend whatever amount per lot they deem fit.

11. How can the action be undone if it is proven to have failed to meet its stated goals? How much will it cost to undo the action?

Answer Once the bond is taken, the debt is committed. If DO-IT’s assumptions do not pan out, the taxpayer will have the cost of the bond service.

© Copyright 2004, Alliance of Derry Taxpayers. All rights reserved.