Thursday, October 15, 2009
Exit 4A Discussion
A special meeting of the Town Council was held last night to discuss and vote on an additional $600,000 in funding for the completion of the Environmental Impact Statement. The vote was postponed by Charter Objection until the next Council meeting on Oct. 27th. What are your thoughts?
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A Problem and A Solution
ReplyDeleteThe problem: Someone has done the citizens of Derry a serious injury. Either through carelessness or through outright theft, documents related Exit 4A have disappeared from the town’s files. Without these files our council doesn’t know what commitments may have been made by Derry regarding the exit.
As a result of this lack of documentation, the Town Council is about to throw another $600,000 into an environmental impact study for this project that can we cannot afford and that the state and federal governments show no interest in funding. Some members of the council say that if we don’t spend that money we may breach a contract… a contract that may not even exist. Again, who knows, we have no records on the subject. Some council members have met in private with a third party who claims to have documents relevant to the subject. For reasons that can only be surmised, this individual is not making his documents public. Several of these council members have stated that Derry is obligated to spend $5,000,000.
The solution: The Town Council should authorize $200,000 of the $600,000 requested for continuation of the EIS study. That sum should keep the consultants busy for several months and show that Derry is acting in good faith to uphold whatever commitments it may have entered into. Derry should use those several months to petition the courts. We should request a court hearing in which all parties must present their documents and in which the court rules on what each party’s obligations are, if any.
The result: It can’t be any worse than the present situation where the council is prepared to spend $5 million for fear of being sued. Worst case the judge rules that we must spend the money and perhaps gives insights into how it must be spent. Best case the taxpayers are off the hook for $5,000,000 (plus interest, another $2 million). Heads we win $7 million, tails we at least know where we stand; sounds like a good deal to me.
Since I work for an environmental engineering firm, I was talking to one of our senior project managers and he said that is a pretty steep price for an EIS. His comment to me was that since they never delivered a final report, why not put it back out to bid. I'm sure that all depends on the contractual agreement, assuming there is one, but if it has to basically start from scratch, why not get competitive bids on it.
ReplyDeleteThe current EIS consultants have long resisted agreeing to any end-date to deliver their report and their friends on the town council have chosen not to press the point. The end result is that as long as this remains an open ended contract the consultants have a vested interest in dragging it out. Compound that with the pace of the federal government (that apparently must approve this study) and we may never see the final report. $2+ million wasted taxpayer dollars and counting. Who is responsible?
ReplyDeleteI think enough money has been thrown away on Exit 4A. It is a dead issue as the FEDS and the STATE have not included this expense in the 15 year highway budget. At a total estimated cost of over 40 million, there is no way it will ever be put into the STATE highway budget as Derry/Londerry have always been a low priority with the State legislature. It is just a elusive dream that will never come true. Let's stop wasting money on it.
ReplyDeleteStop the insanity regarding the Exit 4A . .it's a waste of money and time. I agree with anonymous sender that it's a 'dead issue' or should be. Also agree with Doug that if anything we should only spend minimal funds if we have to to achieve a 'win of 7 million or at least know where we stand'.
ReplyDeleteDoug is absolutely right. We need to define what are so-called agreement with Boston North and Londonderry really is. How much is each "partner" really committed for. I say either all the "partners" sit down and work out an agreement, or lets go to Court and let a judge decide. The sad part about all this, is that past Councils should have already done this.
ReplyDeleteHasn't ADT gotten people elected to the town council? How come we don't have more info?
ReplyDeleteas far as 4A what a waste of money.
8:06 We have tried to get information but the files have "disappeared" from the Municipal Center leaving us all to guess at what is going on. That's why this whole mess needs to be sorted out in a courtroom.
ReplyDeleteFour of our Town Councilors (none of whom have never been in a law school) are deciding for themselves what Derry's legal obligations are concerning implied contracts. It's amateur hour and these legal amateurs on the council will end up costing us all a small fortune. We need to get a fresh set of highly skilled legal eyes on this problem before it costs us $5 to $7 million dollars.
Since the Town Council passed the TIFF district and are widening RT28 in the area by WalMart, I think that exit 4A makes sense. How else are we going to get people from the highway to our TIFF district? The TIFF is in the middle of town and anyone who goes there will have to drive in lots of traffic to get to this improved section of town. It will be like an island in a sea of congestion. With an exit 4A, shoppers/business workers will have much easier access to this section of town.
ReplyDeleteHave any studies been done concerning the costs associated with building a road from the 4A exit to the TIFF district? I've heard about the cost of the exit, but nothing about the cost of improvements needed to get from the highway into town. Land acquisition, road improvements, traffic signals can cost a ton of money, has any of this been considered? It sounds like we are building an exit to nowhere.
Next is, how do we pay for these improvements? Use TIFF money, bonds, what? How much development must take place in order for this venture not to be a burden for Derry taxpayers?
I love how the ADT is accused of using scare tactics when we mention what this project might wind up costing. But yet some councilors continue to say "if we don't spend this money, we'll be sued". Seems like they are using that scare tactic to justify this, without consideration of other options that have been suggested.
ReplyDeleteTo those whom were "questioned and questioning" at the recent meeting about the 4A cost source. I suggest they read Town Official comments in Eagle Tribune article April 7, 2008 [Ten Projects...]. See project #5. URL to ET Newspaper below.
ReplyDeletehttp://www.eagletribune.com/archivesearch/local_story_098120108.html
Resume discussion! - Ron
Ron - Since that article was dated 4/08 I think the $40 million number is light. Also, why is it (in any of these estimates) no one ever includes the interest charges in the estimate. Regardless of who pays there will be bond interest over the next 20 to 30 years.
ReplyDeleteIt is appears that the phantom of Boston North has recorded a “Corporate Resolution” in Rockingham County to facilitate a property transfer to Hyrax Derry Partners LLC in October 2009 as reported in the Union Leader of Nov 13, 2009. Suggested reading: www.nhdeeds.com, book 5061/page 0553 and book 5061/page 0554... .
ReplyDeleteOther recorded documents, and there are many, suggest a tangled web of agreements, easements and even tax liens against Boston North by Derry through the years that is at best a house of cards. It is my opinion that you can only disrupt a “Grand Plan” (By Boston North) one time and that was previously settled in court.
Ron
Ron,
ReplyDeleteI see that transfer story was also covered in the Nutfield News. From that story it appears that the Boston North is folding its tent. The fact that that property has been transfered (in my opinion) makes BN's case that Derry has obligations even weaker. Time to knock down the house of cards and save the taxpayers millions.
Why are four members of our Town Council willing to give 600 grand to a phantom (Boston North)? I think it is time for them to do a reality check. Exit 4A is one issue, but throwing money away on a non-entity is another. Let's not waste the taxpayer's money.
ReplyDeleteIf those four concilers want to look at the possibility of Exit 4A, they should do it with the real players and not with an "old ghost" that does not exist anymore. They should talk to the State and the FEDS.
I agree with you, but getting answers to your questions has not been possible.
ReplyDeleteBy the way Anon. 3:09, many in Derry are confused and think Boston North is getting the $600,000. That is not so. The $600k is going to an environmental consulting group for work on an Exit 4A environmental impact study; it is not going to Boston North. I haven't seen any evidence that the two are in any way linked.
ReplyDeleteThe 4 councilors are claiming that Derry has an obligation to Boston North to spend $5 million on 4A but lacking any written contract, it is unclear who they think we are obligated to pay, for doing what, or when. Other than that and the fact that BN is no longer a corporation in NH it’s all pretty straightforward. I think the whole mess needs full public disclosure. “Something stinks.”
To Doug Newell, November 21, 2009 11:29 PM
ReplyDeleteCan we get the NH Attorney General involved? It seems like there may be some questionable activity here. Things appear to be just a little too secretive and nebulous--especially with secret meetings between whoever and the four counselors who voted the 600 grand give away. I think we need an unbiased legal authority to look things over.
Anon 3:24 I agree that all the facts have to come out. Kevin Coyle proposed taking the whole mess to court and let a judge figure it out. That caused the rest of the council to agree to sort it out before January. Kevin may bring the court option up again in January.
ReplyDeleteTo Doug Newell
ReplyDeleteRe: Nov. 22, 3:24
What I meant about the NH Attorney General was to look for the possibility of fowl play. There are so many secretive and suspicious things going on that it appears that the Exit 4A 600 grand give away may be questionable such as:
1. The original contract with Boston North mysteriously disappeared.
2. The cost has been identified by Stephanie as about 400 grand too much. What happened to the extra 400 grand?
3. The four Counsilors who voted for the give away met in secret with an udentified party. What went on at the meeting was not disclosed to the Derry taxpayers.
4. The four Counsilors who voted for the give away said we are obligated to Boston North. News coming now in the press is that Boston North does not exist.
Either some personal gain may have been bestowed upon them at their secret meeting with whomever or the four councilors are trying to conceal the fact that they voted for the money for Exit 4A for their own selfish business interests under the guise of being obligated to Boston North which does not exist.
In any case, the whole thing smells and should be investigated by a law enforcement authority. The Derry taxpayers have a right to know the truth as 600 grand of their money was spent without an honest explanation as to why.
I think the Alliance of Derry Taxpayers should request of the NH Attorney General to investigate.
anon 2:10 - I don't recall saying it was $400k too much, but I did say that a coworker of mine thought is was way over priced considering we don't even have a final report. One of the other suggestions made was to give $200k to the consultants now to keep them busy, while we investigate other options.
ReplyDeleteI think we all agree that something smells fishy here and we are still investigating what the best course of action is.
To: Steph from anon 2:10
ReplyDeleteSorry if I got the number wrong. However, we agree that 600 grand sounds like a lot for an environmental impact study for an exit. What about Tom Cardon's letter in the Derry News today. His research reveals that Boston North is gone, and we are now dealing with two law firms under a new name in this fiasco. This gets crazier by the day. What is Derry being set up for? Somehow, we need to put the brakes on this before it is too late.
Especially when you consider that this is an additional $600k on top of what has already been paid!
ReplyDeleteIts a new year and we may soon get to here what's going on with the 4a project from a legal commitment perspective. I find it interesting that there are so many behind the scenes people and groups supporting exit 4a the "Old/New named company" never felt the need to speak at any of the p-u-b-l-i-c meetings in favor of the project.
ReplyDeleteConcerned Resident Against Project 4A(CRAP 4A).
Ron