Wichita city government

Wichita to hold public hearing, again

by Bob Weeks on April 30, 2012

On Tuesday the Wichita City Council will consider whether to set June 5th as the date to re-hold the public hearing on the K-96 Greenwich STAR Bond District Plan. The council held a public hearing on this matter in February, but there was a mistake in the ordinance accompanying the original public hearing. Therefore, the need for the second public hearing.

I find myself torn, not wanting to root for the competent administration of bad policies. But Wichita seems to have administrative difficulties implementing the bad programs it has passed.

A history of blunders, and worse

This is not the only recent example of the city making such a mistake. Last October the city had to re-hold a public hearing regarding a tax abatement. The reason was a mistake in the dates published regarding the holding of the hearing. City documents describe the problem: “The notice incorrectly stated that a public hearing would be held on August 3, 2010. The item was heard by the Council on September 21, 2010 and was approved. Since the August date was prior to the publication, there was no proper notification. Therefore, a new public hearing is required.”

In March, there was the mistake notifying the Kansas Department of Revenue regarding the Community Improvement District (CID) tax on the Cabela’s store, and so the store was not authorized to collect the extra tax, even through it did for about two weeks before the mistake was realized. See Wichita Eagle, City error will delay funds from Cabela’s special sales tax.

The details of other mistakes are not available to the public. Last week the council approved a settlement of $80,000 to a person injured by the allegedly negligent action of a Wichita street maintenance employee. In response to my inquiry, the city responded that the employee was disciplined, but would not provide additional details. Accidents will happen, but when they cost this much, citizens have the right to know how the city responds. In this case, we don’t know this.

So who is responsible for these mistakes? We don’t know for sure, but when the city council originally considered this item that it must now re-consider, the resolution and accompanying exhibits were approved as to form by Wichita city attorney Gary E. Rebenstorf. These documents may be viewed at Resolution Considering the Establishment of the K-96 Greenwich STAR Bond District.

Under Rebenstorf, the city periodically violates the Kansas Open Meetings Act. In 2009, the Wichita Eagle reported: “City Attorney Gary Rebenstorf apologized for the violation and said he takes the blame for it. ‘I will make every effort to further a culture of openness and ensure that like mistakes are avoided in the future,’ he said.”

Since then, Rebenstorf has had several chances to help citizens seek access to government records by upholding the clear meaning of the Kansas Open Records Act, but has sided with government seeking to keep secrets. See For Wichita city government, open records are not valued for more.

The mistakes flowing from his office, coupled with his hostility towards the citizens of Wichita, suggest that it is time for Wichita city attorney Rebenstorf to retire.

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Wichita’s bailout culture

by Bob Weeks on April 27, 2012

On Tuesday the Wichita City Council will consider a bailout of a real estate development. If the council takes this action, it is one more step in a series of bailouts granted by the city, and it sets up expectations that the city will continue bailouts, creating a severe climate of moral hazard.

The property in question, owned by South Beech Development, LLC, received a loan from the city in 1995 under the HOME Investment Partnerships Program, a project of the U.S. Department of Housing and Urban Development, or HUD. According to city documents, the project has not generated sufficient cash flow to pay back this loan. The loan balance of $195,000 and $368,437 in accrued interest are unpaid.

The recommendation by city staff includes forgiveness of the $368,437 in accrued interest owed the city and a reduction in the loan interest rate, among other provisions. City documents indicate that if the project does not continue to meet the guidelines of the HUD grant, the city will owe HUD the loan balance of $195,000.

There is no way to characterize the recommend action as anything other than a bailout at taxpayer expense. It’s not the first time the city has done this. In 2008 the city made a $6 million no-interest and low-interest loan to movie theater own Bill Warren and his partners. The theater was in a tax increment financing (TIF) district. The city had borrowed money and used it to benefit the Warren project and others nearby, including building a parking garage that charged only $10 per month for each parking space. The expectation was that the theater would be able to pay off the TIF bonds through its property taxes. But when the theater wasn’t performing well, Warren threatened to close it. That would leave city taxpayers on the hook for the bonds, so the city lent Warren the money.

That’s a similar situation to what the council will face Tuesday. If it doesn’t prop up a failing investment, it’s going to cost us nonetheless. We find that government subsidy paves the way for bailouts, again.

There are other examples. Last October the city restructured the loan agreement for the Ken-Mar TIF district. This shopping center had already received $2.5 million in TIF financing, but the development turned out to be not as profitable as projected. Despite the fact that the city had a personal guarantee from the developers to cover any shortfall in TIF revenues, the city restructured the loan, saving the developers about $30,000 per year. Another bailout, and to politically-connected developers, providing another lesson on how Wichita and Kansas need pay-to-play laws.

Most recently the city bailed out new home developers with a program that rebates the first five years of city property taxes for buyers. City Manager Robert Layton said the “tipping point” for him was the ability for the city to collect delinquent taxes from the home builders. Despite the fact that the city tells us that there is a very low probability that these special taxes will go uncollected, the city issued another bailout.

Moral hazard

In economics, moral hazard describes “the idea that some actor will engage in overly risky behavior because he believes that he’ll be bailed out if the risk goes bad.” (Jagadeesh Gokhale, When to Worry about Moral Hazard?)

In a Cato Institute Policy Analysis, authors W. Lee Hoskins and James W. Coons write this regarding moral hazard: “It sends a message to investors, both foreign and domestic, that they can invest with little fear of a total loss. That weakens the integrity of financial contracts and the scrutiny that contracting parties would otherwise apply to each other. It also results in excessive risk taking because a third party bears the risk.”

The Wikipedia entry on moral hazard explains “Moral hazard arises because an individual or institution does not take the full consequences and responsibilities of its actions, and therefore has a tendency to act less carefully than it otherwise would, leaving another party to hold some responsibility for the consequences of those actions.”

All this applies to the City of Wichita and the bailouts it has issued, and the one to South Beech that it is considering next week. When people believe the city — or any other governmental or quasi-governmental agency — will come to their aid if something goes wrong, it means that the risk taken is not real. The taxpayers of Wichita have taken on the risk of these projects without agreeing to. The loan agreement between the city and South Beech didn’t say that the city would forgive the loan interest if business was not good. But now the city proposes acting as though there was such an agreement, shifting business risk from borrower to creditor.

This rewriting of contracts in arrears is a prime example of moral hazard. We have decreasing confidence that the City of Wichita is willing to hold its private sector partners to their word. This situation is sometimes referred to as socialization of risk, and privatization of profit. It applies to what the Wichita City Council is considering, and the council should reject this bailout.

Part of this article was rewritten to clarify the nature of the city assistance given to the Old Town Warren Theater.

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At yesterday’s Wichita City Council meeting, the council took up the issue as to whether the city would participate in the REAP sustainable communities planning process. All council members except Wichita City Council Member Michael O’Donnell (district 4, south and southwest Wichita) voted in favor of participation.

Critics of government planing processes such as this are worried that the planning process would subject us to additional control by the federal government. These are the so-called strings that are thought to accompany federal grants.

(For those who are interested in what strings look like, here’s an example of one that is relatively innocuous. A HUD document titled Program Policy Guidance OSHC-2012-01 explains “Applicants that reach a certain qualifying score under the Regional Planning Grant Program or the Community Challenge Grant Program will receive PSS designation. PSS designation provides your entity access to bonus points for selected other HUD grant programs, technical assistance, and other capacity building opportunities that will strengthen future efforts to apply to the program.” REAP has been awarded this status, as it complied with this “string.”)

James Clendenin (district 3, southeast and south Wichita), asked a series of questions of Joe Yager, chief executive officer of REAP, as to whether these concerns were true. Yager said no, there are no strings accompanying the grant. But what about after the planning process is over in three years? Will the plan be forced upon us, Clendenin asked?

Yager answered no, that local governing bodies would have to vote to implement any of the ideas or programs that resulted from the plan. Nothing will be forced upon us, nothing is mandated, he said. We wold simply have a “toolkit” of things to use.

This view or attitude — that local elected officials will protect us from the harmful elements that will emerge from the plan — is dangerously naive. First, in his short time in office, Clendenin has regularly voted for expansions of government planning, power, and spending. He doesn’t stand out from most other council members, not even the Republican members (except for one), as they also regularly vote for these things.

Second, we know that after the plan is complete there will be the argument that since we have the plan, that since we spent three years and $2.2 million on the process, we might as well go ahead and implement it.

Then, there will be the future grants and undoubtedly increased local spending required to implement the plan.

It’s also naive of Clendenin to ask a professional planner like Yager questions about the desirability of planning. What answer does he think he will get? It’s not that the planners are not honest people. But they have a vested economic and professional interest in seeing that we have more government planning, not less.

One of the things Wichita has agreed to do is to provide in-kind services to the planning consortium in the form of staff time. Wichita City Council Member Michael O’Donnell (district 4, south and southwest Wichita) asked a series of questions determining whether some work might go unperformed as staff members devote time to the planning process.

John Schlegel, Wichita director of planning, assured him no, that no work would go undone as a result of staff members taking on new responsibilities as part of the city’s in-kind contribution.

Two years ago a similar issue arose in Sedgwick County, where staff time was devoted to the oversight of the Intrust Bank Arena. At the time I reported this: “Sedgwick County Commissioner Dave Unruh told the Wichita Eagle that the county did not hire any new staff to perform work that has an estimated value of $2.6 million. My question is this: Is this evidence that there was $2.6 million of slack time in county employee’s schedules? How were they able to get this vast amount of work accomplished? Perhaps after the arena work that has occupied $2.6 million of staff time is complete, we could hire out this staff to earn revenue for the county, as it seems they will have time on their hands.”

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Recently Kansas Policy Institute looked at the growth of employment in the private sector versus governments. The finding is that government employment is growing much faster than private sector employment.

In its blog post that presented results, KPI concluded “A heftier tax burden must be carried by each private sector employee to support the growing local public sector.”

I looked at the employment statistics from the Bureau of Labor Statistics independently, going back a little farther in time than did KPI. The results are the same: Private sector employment over the last 20 years in the Wichita area has grown much slower than total government employment. Private sector employment has also grown slower than any sector of government employment: federal, state, or local.

The figures in the chart presented below are based on an index, where the 1990 value is equal to 100.

Employment growth in the Wichita area.

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Wichita may choose more centralized planning

by Bob Weeks on April 16, 2012

This Tuesday (April 17th) the Wichita City Council will consider its participation in the REAP sustainable communities planning process. Wichita ought to reject this expansion of centralized planning, as the outcome will likely serve special interests at the expense of economic growth and jobs for everyone else.

The relevant pages from the agenda packet are available at REAP Consortium Agreement for South-Central Kansas Sustainable Communities.

Who makes the plan? And for whom?

Yes, planning is important. It’s likely that several Wichita city council members will use this as a factor in deciding to vote for the sustainable communities planning process. But these members will fail to distinguish between government plans and all others.

They will fail to distinguish that when individuals and businesses plan, they are planning for themselves and no one else. They are engaging in a voluntary act. But when government plans, the plans are drawn for others — whether they want to be in a plan or not, whether they agree with the principles and goals or not.

Furthermore, these members will fail to recognize that when governments plan, special interest groups soon appropriate the plans to benefit themselves. An example is the state’s highway plan, with the campaign for increased highway spending funded by the construction industries. They would lobby to build highways to nowhere, as long as they receive contracts for their construction.

The planners themselves are a special interest group, too. They need jobs. Like most government bureaucrats, they “profit” from increasing their power and influence, and by expansion of their budgets and staffs. So when Sedgwick County Commissioner Jim Skelton asks a professional planner questions about the desirability of planning, what answer does he think he will get? It’s not that the planners are not honest people. But they have a vested economic and professional interest in seeing that we have more government planning, not less.

And we have evidence that planners watch out for themselves. It is not disputed that this planning grant benefits Regional Economic Area Partnership (REAP). Sedgwick County Commissioner Richard Ranzau says that John Schlegel, Wichita’s Director of Planning, told him that “acceptance of this grant will take REAP to another level, because right now they are struggling, and this will help plot the course for REAP.” He said that REAP, which is housed at the Hugo Wall School of Public Affairs at Wichita State University, needs to expand its role and authority in order to give it “something to do.”

So we see that REAP is another special interest group seeking to benefit itself. In this case, our best hope is that REAP engages in merely make-work, that the plan it produces is put on a shelf and ignored, and that the only harm to us is the $1.5 million cost of the plan.

The knowledge problem

There’s also the problem of the knowledge needed to plan. This is enough of a problem when individuals and businesses plan for themselves. It’s a tremendous — and unsolvable — problem when trying to plan for an entire region, even one as small as downtown Wichita. Arnold King has written about the ability of government experts to decide what investments should be made with public funds. There’s a problem with knowledge and power:

As Hayek pointed out, knowledge that is important in the economy is dispersed. Consumers understand their own wants and business managers understand their technological opportunities and constraints to a greater degree than they can articulate and to a far greater degree than experts can understand and absorb.

When knowledge is dispersed but power is concentrated, I call this the knowledge-power discrepancy. Such discrepancies can arise in large firms, where CEOs can fail to appreciate the significance of what is known by some of their subordinates. … With government experts, the knowledge-power discrepancy is particularly acute.

Another favorite thought from Friedrich Hayek is in his book The Fatal Conceit: “The curious task of economics is to demonstrate to men how little they really know about what they imagine they can design.” But they will try.

REAP has much information about the process on its website devoted to the grant, located at Sustainable Communities Grant 2011. I would especially encourage reading the document “Sustainable Communities Work Plan DRAFT.” In there you can learn of the plans to “decrease per capita Vehicle Miles Traveled (VMT).” This plan, if it succeeds, will harm citizens’ mobility and economic opportunities, especially for the people who need jobs most.

Cato Institute Senior Fellow Randal O’Toole, author of The Best-Laid Plans: How Government Planning Harms Your Quality of Life, Your Pocketbook, and Your Future, writes the following regarding the tremendous boost the personal automobile has given Americans: “Since the dawn of the Republic, no invention has enhanced the quality of life of the average American as much as the mass-produced automobile. Americans today are far more mobile, they earn much higher incomes, and they have access to far more consumer goods than a hundred years ago. It is no exaggeration to attribute most of these improvements to the wide availability of automobiles.”

Remember, the sustainable communities planning process is definitely anti-automobile. One of the goals for the plan is: “Regional Transportation Plan: Develop multi-modal transportation options/programs for the region and connects housing options to emerging employment clusters.” This sounds like a good and noble idea. But in practice, government transit systems fail to produce what riders truly need, and are very expensive. The last time I checked, only 22.5 percent of the costs of running the Wichita transit system is paid for by riders through the fare box. Taxpayers — most of whom don’t ride the buses — pay the rest.

But owning an automobile gives people mobility, and that is very important for workers. Some examples:

“Studies show that car ownership is a significant factor in improving the employment status
of welfare recipients.” (Job Access, Commute, and Travel Burden Among Welfare Recipients)

“Raphael and Rice (2002) found in their study that car ownership has a strong effect on the probability of an individual being employed as well as on the number of hours they work per week. Generally, car ownership better enables job seekers to look for jobs. They can consider work outside of regular transit service hours, and they can travel faster, more safely, and more flexibly than with public transportation.” (Transportation & Work: Exploring Car Usage and Employment Outcomes in the LSAL Data)

Also from this study: “Overall, car ownership does appear to have an important relationship to employment status, wages, and weeks worked.” And “Having a car as a primary mode of transportation makes a respondent four times as likely to be employed. Car ownership also improves earnings by several hundred dollars and increases weeks worked by up to eleven weeks.”

In the rankings of factors that are important to obtaining employment, a car was more useful than a high-school-equivalent diploma. We should be working to increase automobile ownership, especially among lower-income people. The planning process Wichita is considering adopting, with its emphasis on government transit rather than private automobiles, will decrease mobility and economic opportunity for everyone.

Finally, consider this from O’Toole on how the planning process ignores reality: “Transit advocates will point out that the autos driving on congested urban highways often have only one occupant. But that is exactly the point: If modern life is so decentralized that carpooling makes no sense for most commuters, how are giant buses and high-capacity trains going to work?” Fortunately, I don’t think high-capacity trains are seriously considered for the Wichita area. But the planners want more government transit and less private automobiles, despite our dectralized lifestyle.

Last week Wendell Cox appeared on an episode of the Jason Lewis radio program and talked about sustainable communities, etc. Sedgwick County and Wichita were mentioned. His recent piece is the Wall Street Journal is California Declares War on Suburbia: Planners want to herd millions into densely packed urban corridors. It won’t save the planet but will make traffic even worse.

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Wichita pension plan report

by Bob Weeks on April 16, 2012

First, the good news: The condition of Wichita Employees’ Retirement System is nowhere near as dire as Kansas Public Employee Retirement System, or KPERS. But the city is having to make much higher contributions to keep the plan funded. These contribution rates are likely to increase, as the plan relies on unrealistic assumptions.

Wichita has two employee retirement plans, one for police and fire, and another for other employees. The two plans are nearly equal in size, and both experience the same problems.

As a result of low investment returns, the city finds itself saddled with higher retirement plan costs. In 2009, the city’s contribution to Wichita Employees’ Retirement System was $3,887,085. For 2011, it is $7,695,317, an increase of 98 percent in two years. In reality this increase, as large as it is, is not nearly enough to fund the plan if realistic assumptions and accounting was used.

In the words of report authors, the Wichita Employees’ Retirement System plan experienced a “large increase to the unfunded actuarial liability.” In plain language, the plan’s investments did not earn enough in 2011 to meet expected future expenses. This is termed, again by plan authors, an “unfavorable experience.”

The reality is worse than reported, as Wichita uses a valuation method called “asset smoothing.” This technique smooths out uneven investment returns. It means that the recent years of investment losses are not fully incorporated into the official statistics. Again, from the report authors: “Under the asset smoothing method used in the valuation process, a portion of this investment loss is deferred to future years.” Private sector pension plans can’t do this.

As of December 31, 2011, the actuarial value of the plan’s assets — determined using the asset smoothing technique — was $513.3 million. The market value was $458.8 million, or 10.6 percent less. Also, a measure called “Portion of Actuarial Liabilities Covered by Reported Assets” has declined from 90.1 percent in 2009 to 73.9 percent in 2011.

The effect of this unrealized loss on the plan is severe. If these losses were recognized, the city would have to increase its contributions to the plan by a large amount, write the authors: “If the deferred losses were recognized immediately in the actuarial value of assets, the funded percentage would decrease from 93% to 83% and the actuarially determined contribution rate would increase from 12.6% to 17.9%.” (It’s important to remember who pays for these contributions: Wichita taxpayers.)

A chart in the report shows the expected city contribution rate for future years. It rises rapidly, from about 10 percent now to over 16 percent in 2015. This assumes that the plan earns 7.75 percent investment returns.

The ongoing problem

The Wichita retirement plan uses an assumed rate of return of 7.75 percent. Calculations as to how much the city needs to contribute are based on this assumption. The problem is that this rate is simply too high.

In the private sector, pension plans use much lower assumed rates, such as the rate of return on high quality corporate bonds. This might be somewhere between five percent and six percent. If the Wichita retirement plans were re-evaluated using this assumption, the unfunded liability would explode, and the contributions the city would need to make would be much greater, perhaps by one-third. That’s because of the long time frame of pension fund investments, where small changes in rates of return have a large dollar impact.

Solution going forward

The ongoing problem is that city and state pension plans operate under unrealistic assumptions. This means that Wichita is taking on too much risk in the form of future promised benefits that it isn’t presently paying for.

It’s also easy for cities and states to promise generous retirement benefits without paying for them. The solution is to simply stop this practice and adopt what most of the private sector has: Defined contribution plans like 401k plans.

The city has done this, partially, as new employees (not police and fire) are initially in a defined contribution plan. But employees can later decide to move to the defined benefit plan — the type that causes so much trouble for state and local governments. As it turns out, almost all eligible Wichita employees choose to enter the defined benefit plan.

Government employee representation groups are strongly in favor of defined contribution plans. Last year, in its message to its followers, Kansas National Education Association (KNEA, the teachers union) wrote this about defined-contribution plans: “First, they claim that a DC plan gives the employee control over their own retirement. And if you have lots to invest and have the time and knowledge to do so effectively, that might be true. Of course, even if you do, you can end up like the folks who found Enron to be a great investment or trusted Mr. Madoff. The fact is most of us are not prepared to do our own analysis and investment.”

(While KNEA is writing about KPERS, the state employee retirement plan, the principles apply to the Wichita plan.) There’s quite a bit of misinformation here. But before that, a huge irony is that this information is aimed at Kansas schoolteachers, and their union assumes they are not intelligent enough to plan for their own retirement.

In fact, planning for retirement is quite easy and simple. All one needs to do is select low-cost index stock and bond mutual funds, of which there are many. These funds, over the long time horizon appropriate for retirement investing, beat the performance of all managed funds, meaning funds managed by professionals who attempt to analyze markets and earn greater than average returns through an active trading strategy. This is not disputed by anyone except by those who sell actively-managed mutual funds.

“The evidence is clear. Low-cost index funds regularly outperform two-thirds of actively managed funds, and the one-third of actively managed funds that outperform changes from period to period. Even the very few professional investors who have beaten the market over long periods of time — Berkshire Hathaway’s Warren Buffett and Yale University’s David Swensen, for instance — are quick to advise that investors are likely to be much better off with simple low-cost index funds than with expensive actively managed funds.” (Burton G. Malkiel, ‘Buy and Hold’ Is Still a Winner. Also, see the author’s book The random walk guide to investing: ten rules for financial success.)

Generally, most investors would select just one or two funds in which to place their contributions. Over time, investors may want to change the balance or characteristics of the funds they invest in. This again is easy to do. In fact, large mutual fund companies like Vanguard have index funds that automatically shift the balance between stocks and bonds as investors move along towards retirement.

The idea that the teachers union believes that professionals like schoolteachers are not capable of becoming informed and making these decisions is laughable if it weren’t the actual belief of the union. Suggestion: An actually useful and productive role for the teachers union would be to help their members learn to invest for their retirement. Cities like Wichita could do the same.

The problem cited about Enron and Madoff is that some people placed all or nearly all their investments with these two firms. That’s a bad strategy for anyone to follow with their retirement investments. Using index funds will not expose investors to the risk of losing all their money.

The claim by the KNEA that “lots to invest” is required is false. The companies that manage defined-contribution retirement plans accept new employees into the plan no matter how little they have to invest, and they accept their periodic contributions each pay period no matter how small. Scale — the amount available to invest — is not an issue, contrary to the assertions of the teachers union.

One claim made by KNEA is true: defined contribution plans give workers control over their retirement savings. This is a benefit. If a worker has a low tolerance for risk, they can keep their contributions in cash (actually treasury bonds would be the choice for these people). Others who wish to take an active role in the retirement investing can do so, as most plans offer funds that have targeted goals such as real estate, growth stocks, short-term bonds, long-term bonds, etc.

But in KPERS — and the Wichita plan — all members are invested in the mix of investments that the plan trustees decide on. These investments are largely in stocks and bonds, a fact possibly lost upon Jane Carter of Kansas Organization of State Employees. She asked her members “Do you really want to take your retirement security and gamble it on the stock market?” The reality is that KPERS is invested in the stock market, and those returns are essential to funding KPERS benefits. The investments that the trustees choose may not be suitable for each individual member. But KPERS members have no choice.

The point is that the individual is in control, and can choose investments that match their goals.

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Southfork TIF should, again, be rejected

by Bob Weeks on April 9, 2012

Tomorrow the Wichita City Council considers the formation of a tax increment financing (TIF) district in south Wichita. Known as the Southfork TIF District, the developer is Wichitan Jay Maxwell. His agent is Tim Austin.

The TIF proposal has been revised since it was approved by the Wichita city council last December, but rejected by the Sedgwick County Commission in January. Like all TIF districts, this form of government intervention in the economy does more harm than good, and should be rejected.

TIF is not free money

Supporters of TIF usually contend that TIF has no cost. This is not the case. This new development will consume fire, police, and other governmental services, but will not contribute its share of property taxes to pay for these. Instead, some portion of the property taxes will be redirected back to the TIF district to benefit the developers. Others will have to pay taxes to make up this deficit, or will have to accept a reduced level of service. See Tax increment financing is not free money.

There’s also the “but-for” argument: without the benefit of TIF, the project will not be built, and therefore no tax revenue would be received. It’s a powerful argument, if it were really true. But those who seek this type of government funding can always find a way to make their financial projections “prove” the need for TIF money. Governments then take them at their word.

We might ask ourselves this question: If TIF is truly without cost, why not have more TIF districts? Why not offer TIF for all new development?

The role of politics

Maxwell and Austin have some queer ideas regarding the nature of markets and politics. In an email message to supporters of the Southfork TIF, Austin wrote: “There are many underlying political winds working against the Southfork TIF.” In another email message, he wrote: “As I mentioned previously, there are underlying political interests at play that appear to be making this a political matter as opposed to a vote the merits of the TIF, the project, and South Wichita.”

Austin has it exactly backwards. It is he and Maxwell who are arguing for using the political process to enrich themselves. Those such as myself who oppose government interventions like TIF are arguing against using the political process — against making this a political matter, that is.

The supporters of government intervention such as TIF often make claims of “market failure.” They claim that the free market system has failed to deliver what they want, so they make appeals to government to intervene. This moves society away from markets and civil society and toward politics and cronyism.

In reality, markets do quite well in allocating the resources of our economy, despite the claims of many, including historians who should know better. There are those who may feel they’re not getting everything they deserve through the market process, but that’s no reason to introduce the tremendous inefficiencies and distortions that the political process brings with it. In his book How Capitalism Saved America: The Untold History of Our Country, From the Pilgrims to the Present, Thomas J. DiLorenzo explained:

Most historians also uncritically repeat the claim that government subsidies were necessary to building America’s transcontinental railroad industry, steamship industry, steel industry, and other industries. But while clinging to this “market failure” argument, they ignore (or at least are unaware of) the fact that market entrepreneurs performed quite well without government subsidies. They also ignore the fact that the subsidies themselves were a great source of inefficiency and business failure, even though they enriched the direct recipients of the subsidies and advanced the political careers of those who dished them out.

Political entrepreneurs and their governmental patrons are the real villains of American business history and should be portrayed as such. They are the real robber barons.

The idea of “market failure” is used by the promoters of this TIF district. They claim that only government — that is, politics — can make things right, at least according to their vision.

Political entrepreneurs, by the way, are those who seek their profits through government, not markets. Instead of seeking to create products and services that please customers, they seek to please politicians and bureaucrats. This move away from market entrepreneurship to political entrepreneurship is especially sad in Wichita, where we have a proud tradition of market entrepreneurs with famous names: Lloyd Stearman, Walter Beech, Clyde Cessna, W.C. Coleman, Albert Alexander Hyde, Dan and Frank Carney, Fred C. Koch, and many others.

Do TIF districts work?

In deciding whether TIF districts “work” we must come to an agreement of what “work” means. Generally, most supporters of TIF — besides the obvious motivations of the developers who are directly enriched by them — claim increased development and jobs.

But there’s plenty of evidence to the contrary.

As far as increased development: Yes, that generally happens within the TIF district. But what about the overall city? The answer is that TIF is harmful.

Regarding the effect of tax increment financing (TIF) districts on economic development, economists Richard F. Dye and David F. Merriman have studied the issue extensively. Their paper The Effects of Tax Increment Financing on Economic Development bluntly states the overall impact of TIF: “We find clear and consistent evidence that municipalities that adopt TIF grow more slowly after adoption than those that do not.”

Later in the same paper the authors conclude: “These findings suggest that TIF trades off higher growth in the TIF district for lower growth elsewhere. This hypothesis is bolstered by other empirical findings.” More on their work is at Tax increment financing (TIF) and economic growth.

Others may support TIF for its purported positive impact on employment. Sure, it’s easy to drive by a TIF district and see people at work. But that doesn’t tell the whole story.

One person who looked at the effect of TIF on employment in the entire city is economist Paul F. Byrne. He concluded this: “Results find no general impact of TIF use on employment. However, findings suggest that TIF districts supporting industrial development may have a positive effect on municipal employment, whereas TIF districts supporting retail development have a negative effect on municipal employment.”

More on his work is at Does tax increment financing (TIF) deliver on its promise of jobs?

We must conclude that TIF does not meet the goals of increased development and/or jobs, if we consider the impact on everyone. What we’re left with is the well-known problem that public choice economics — the economics of politics — has described: Concentrated benefits and dispersed costs. It’s the reason why those who seek enrichment at Wichita City Hall and other governments make so many political campaign contributions.

This particular applicant

We also need to look at the characteristics of this applicant. The Wichita Business Journal reported this regarding a company Maxwell owned:

Pixius proposes to repay, over a 10-year period, $1.3 million of a $6.4 million loan from the U.S. Department of Agriculture’s Rural Utilities Service, according to court documents. The loan was part of a 2002 Farm Bill pilot program that loaned more than $180 million to ISPs to expand Internet service to rural areas.

“To my memory … Pixius is the only one (to receive a loan) that’s had to file bankruptcy to work out of its situation,” says Claiborn Crain, USDA spokesman.

When the government helped out Maxwell in the past, it cost taxpayers $5.1 million in a loan discharged in bankruptcy. His company is set apart from other similar companies in that, according to the USDA spokesman, only Maxwell’s declared bankruptcy.

I suggest that Maxwell has had his turn at the government funding trough. Taxpayers can’t afford to give him another.

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Wichita new home tax rebate program: The analysis

by Bob Weeks on March 28, 2012

A document released by the City of Wichita casts strong doubt on the wisdom of a new home property tax rebate program. The document also lets us know that city staff are not being entirely honest with the citizens of Wichita.

The new home tax rebate program, according to city documents prepared for the February 14, 2012 city council meeting, provides free Wichita city property taxes to buyers of qualifying new homes: “To promote additional new home construction and new home ownership, the City of Wichita, after extensive coordination and discussion with WABA, is proposing a New HOME (New Home Ownership Made Easy) Program. The program will provide a 5 year rebate of City property taxes for eligible property. To be eligible, property must be in a participating development, with all taxes through 2010 (general and special assessment) current in the development. In addition, to be eligible, the special assessment and general taxes must be paid current at the date of sale and closing of a property.”

WABA is The Wichita Area Builders Association , a trade association for home builders. The document recently released is a study or analysis of the program dated February 1 from Wichita State University Center for Economic Development and Business Research.

During the period of the tax rebate program, the study estimates that 787 homes would be built and sold even if there was no rebate program. It is assumed that 1,000 homes would be sold during that period with the rebate program, but that is not certain.

Following is an excerpt from a table that presents the results of analysis. The benefits and costs are to the City of Wichita General Fund. Benefits are, according to the study, “sales tax revenues, from construction worker spending and construction material purchases, and property tax revenues.” The costs are the lost revenue due to the tax rebates.

                   No Incentives    Incentives
Public Benefits       $2,364,429    $3,004,315
Public Costs                  $0    $2,032,312
Net Public Benefits   $2,364,429      $730,457
Return on Investment      N/A           1.48

Some, undoubtedly, will focus on the return on investment (ROI) ratio of 1.48 if the tax rebate incentive is used. (There is no such ratio if there are no incentives, as there is no investment.) The study explains the ratio this way: “for every dollar invested, the city will receive the initial dollar plus an additional 48 cents in return.”

That sounds like a good deal, and the ratios like this that are calculated by CEDBR are often used by the city to justify incentives.

But there is another way to look at this deal: the net value to the city. In this case, if the city doesn’t offer the incentives, the benefits to the city are $2,364,429. If incentives are used, the benefits are $730,457. This means that if the city does nothing, it is $1,633,972 to the better.

That’s right: Even though the city has an opportunity to make an investment with a purportedly high ROI, it would be better off, dollar-wise, if it did not make the investment.

The analysis concludes that with the tax rebate program, there will be more construction jobs. But, caution the study authors: “Please note, the jobs supported in 2012 and 2013 are not net new jobs — they are jobs that already exist. The analysis simply identifies a funding stream for these jobs.”

In a separate but similar analysis dated March 22, 2012 prepared for Sedgwick County, some limitations of the analysis were itemized, as follows:

It was beyond the scope of this analysis to account for:

  • Changes in household consumption due to a change in homeownership.
  • The impact of renters who become owners. The program would likely encourage renters to become homebuyers. As these individuals leave the rental market, there may be adverse effects, including falling rental rates.
  • An increase in demand. Although an increase in new home purchases, above existing demand, is likely if incentives are offered, the actual increase in demand has not been quantified.
  • Any increase in demand that offsets future home purchases. It is likely that any increase in new home purchases will simply offset future home purchases as seen in the national Cash for Clunkers program.
  • A change in the price of new homes due to additional supply or higher demand.
  • A fall in home prices, or the associated tax collections, from existing homes. There is a strong likelihood that the increased demand in new homes could lower the value of existing homes.
  • Sunk costs. All costs associated with the creation of a new development, including specials, are viewed as sunk costs. Because they have already occurred, these sunk costs are not included in the analysis.
  • Increased cost of public services. Incentives provided to rural areas could increase public costs as new services are required, including roads, sewer, fire and the like. These increased costs are location specific and not included in the analysis.
  • Cost associated with not providing incentives. The costs associated with a poor new home market have not been analyzed. Without incentives, new home purchases are expected to be lower. This could have negative consequences to builders, developers and taxing entities.

Some of these problems I presented to the city council in my testimony delivered at the February 14th council meeting. Specifically, I warned council members of the devaluing of existing homes, the “cash for clunkers” effect, the costs of providing city services to homes that aren’t contributing property tax to pay for them, and the question of how much new activity will be induced: “Related to this is the question as to how much new activity this program will induce. Often government takes credit for all economic activity that takes place. This ignores the economic activity that was going to take place naturally — in this case, new homes that are going to be built even without this subsidy program … But, the city has to give up collecting property tax on all these homes — even the ones that would be built anyway.

In the case of a new home property tax rebate program for Sedgwick County, the study concludes that the benefit of the program to the county is negative $1,832,294 — a huge cost.

Missing candor

Now that the CEDBR study is released, we can see how city staff failed to present the entire economic impact of the tax rebate program to citizens. Here’s what city staff presented to council members, and by extension, all Wichitans:

“The Center for Economic Development and Business Research at Wichita State University analyzed the fiscal impact of the proposed New HOME incentive program on the City’s General Fund. The analysis compares the present value cost of incentives to the present value benefits of direct and indirect jobs created and construction expenditures. In this case, a 1.48 to one ratio of benefits-to costs is reported.”

Every word in this statement is true. But what’s missing is that if the city does nothing, it is $1,633,972 better off.

City staff had this information. Sources tell me, however, that staff did not present it to council members or the public before the council voted on the program. We are left with this conclusion: City staff presented only the information from the study that promoted the result the city wanted. This is lying by omission.

This is not the first time city staff has misled the council and the public. Regarding the economic impact of subsidies to the Ambassador Hotel, the city touted a positive cost-benefit ratio to one fund, while ignoring a negative impact to a much larger fund. The difference was a factor of 23 times. See Fact checking the Wichita Ambassador Hotel campaign.

At some time council members and citizens need to demand that someone be held accountable for this behavior. Demands for accountability are not likely to come from the city council, as many members have shown themselves willing to overlook all facts and reason in order to promote their goals. The editorial board of the Wichita Eagle does the same. It remains important for citizens to perform this watchdog function.

Wichita Eagle reporting on this matter is at Sedgwick County won’t join property tax rebate for new-home buyers.

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Yesterday’s opening of a Cabela’s store in Wichita was celebrated as a great success, but the circumstances of the store’s birth should remind us of the failure of Wichita’s economic development strategies and efforts.

We have to ask why Wichita is not able to attract retailers like Cabela’s without offering some sort of subsidy. In the current example, we are allowing Cabela’s to add 1.2 cents per dollar extra sales tax. Cabela’s keeps one cent, and 0.2 cents will be used to build a new highway exit ramp — one not seriously contemplated until Cabela’s wanted it.

This turnover of public taxation to private interests through the community improvement district (CID) program is contrary to good public policy. The power to tax is one of the most important — and harmful — functions of government. It ought to be used to pay for public goods, instead of being turned over to private benefit, as it has for Cabela’s.

At the opening ceremony, I spoke with Kansas Governor Sam Brownback and reminded him that just two weeks ago Wichita voters spoke out against special tax deals similar to the deal Cabela’s received. What is the future of these special tax deals? “I think the better approach is broad tax reduction,” he said.

While the governor was referring primarily to income taxes, there is strong evidence that Kansas needs to reduce all forms of business tax costs. The release of a report from the Tax Foundation ranking the states in business tax costs brought that into sharp focus two weeks ago. The news for Kansas is worse than merely bad, as our state couldn’t have performed much worse: Kansas ranks 47th among the states for tax costs for mature business firms, and 48th for new firms.

This raises the question: Was the CID tax giveaway truly necessary for Cabela’s to open, or is Cabela’s business model so flimsy that it requires corporate welfare to survive, or is Cabela’s simply an opportunistic company, willing to feed off taxpayers as another source of profit?

Community Improvement Districts

CIDs allow merchants to apply a higher sales tax rate to sales. The money from shoppers is collected under the pretense of government authority, but it is earmarked for the exclusive benefit of the owners of property in the CID. This is perhaps the worst aspect of CIDs. Landlord and merchants already have a way to generate revenue from their customers under free exchange: through the prices posted or advertised for their products, plus consumers’ awareness of the sales tax rates that prevail in a state, county, and city.

But most consumers may never be aware that they paid an extra tax for the exclusive benefit of the CID. If they happen to calculate the sales tax they paid, they may conclude that the high CID rate is charged all across Wichita — thereby staining our reputation.

The Wichita city council had a chance to provide transparency to shoppers by requiring merchants in CIDs to post signs informing shoppers of the amount of extra tax to be changed in the store. But CID advocates got the city council to back down from that requirement. CID advocates know how powerful information is, and they along with their allies on the city council realized that signage with disclosure would harm CID merchants. Council Member Sue Schlapp succinctly summarized the subterfuge that must accompany the CID tax when she said: “This is very simple: If you vote to have the tool, and then you vote to put something in it that makes the tool useless, it’s not even any point in having the vote, in my opinion.” She voted against the signage requirement.

Jeff Longwell (district 5, west and northwest Wichita), in explaining his vote against the signage requirement with the tax rate displayed, said he thought this information would be confusing to shoppers.

Are incentives necessary?

The age-old question is whether economic activity will occur without economic development incentives. Governor Brownback said it is a “legitimate question” as to whether Cabela’s would be here anyway.

In the case of Cabela’s, the store might not be in Wichita without incentives, as the company has shown itself to be especially eager and adept at gathering corporate welfare paid for by taxpayers. One writer concluded “For its part, Cabela’s is unabashed about its dependence on corporate socialism, even declaring in its annual report that grabbing public money is key to its business plan.”

We see elected officials and economic development bureaucracies eager to create jobs, so much so that they offer incentives that are not necessary. This leads to a cycle of dependency on city hall for economic development. That’s good for politicians and bureaucrats, but bad for everyone else.

It would be one thing if our economic development activities were working. But there’s evidence that they’re not. Recently we learned that the job-creating activities of Greater Wichita Economic Development Coalition last year resulted in a number of jobs barely more than one-half of one percent of the labor force.

That’s not a very good job. But keeping a website up to date ought to be easy. The GWEDC site, however, is terribly out of date. On a page titled Recent Relocations Highlights, the most recent item is from 2009. Have we not had any relocations since then, or does GWEDC simply not care to update and maintain its website?

A recent Wichita Eagle article, (Why isn’t Wichita winning projects?, January 22, 2012 Wichita Eagle), after listing four items economic development professionals say Wichita needs but lacks, reported “The missing pieces have been obvious for years, but haven’t materialized for one reason or another.”

If these pieces are truly needed and have been obviously missing for years: Isn’t that a startling assessment of failure of Wichita’s economic development regime?

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For Wichita, no election news is good politics

March 7, 2012

Wichita city staff have time to produce news stories on everything but actual news, it seems.

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In Wichita, Epic Sports highlights need for reform

March 6, 2012

A tax abatement issued by the City of Wichita exacerbates, and illustrates, the need for reform in Wichita and Kansas.

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A Wichita shocker

March 6, 2012

The Wall Street Journal comments on last week’s election in Wichita, noting “Local politicians like to get in bed with local business, and taxpayers are usually the losers.” Purported conservatives like Pete Meitzner, James Clendenin, and Jeff Longwell ought to take notice.

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Wichita, Kansas voters reject corporate welfare and cronyism

March 1, 2012

Tuesday, Kansas voters made a bold statement, rejecting a plan favoring cronyism and big government, instead choosing to take a stand for fiscal responsibility.

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In Wichita, pushing back against political cronyism

February 28, 2012

Tonight the people of Wichita witnessed a victory for common sense over political cronyism.

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Wichita economic development isn’t working

February 27, 2012

Economic development in Wichita isn’t working very well. The Greater Wichita Economic Development Coalition along with long-serving politicians and bureaucrats need to be held accountable, and our strategy must change.

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Ambassador Hotel discussed on This Week in Kansas

February 26, 2012

On Sunday Bob Weeks discussed the Wichita Ambassador Hotel election on the KAKE Television public affairs program This Week in Kansas.

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Wichita Eagle fact checks Ambassador Hotel campaigns

February 23, 2012

When the Wichita Eagle scrutinized the claims made by campaigns involved in the Wichita Ambassador Hotel election, a distinct difference emerged.

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Wichita Ambassador Hotel radio ads

February 21, 2012

Radio ads explain the real cost of the Ambassador Hotel in Wichita.

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Why vote no in the Wichita Ambassador Hotel election

February 21, 2012

In the Wichita Ambassador Hotel special election, there are many reasons to vote no for the good of Wichita.

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Wichita helps out the Ambassador Hotel campaign

February 20, 2012

A page on the City of Wichita’s official, taxpayer-funded website provides information on the February 28th special election regarding a guest tax rebate for the Ambassador Hotel in downtown Wichita. While the page provides useful information, it makes a claim that is not accurate, and one which may persuade Wichita voters to vote Yes.

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Wichita Downtown Development Corporation shouldn’t campaign

February 16, 2012

Campaign activity by the Wichita Downtown Development Corporation appears to be contrary to several opinions issued by Kansas Attorneys General regarding the use of public funds in elections.

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On Streeter and Anderson

February 16, 2012

This morning I appeared on the “Streeter and Anderson” program on The Big Talker: 1480 KQAM Wichita. I covered the STAR bond project in Wichita, the special election on February 28th regarding the Ambassador Hotel, and the new home purchase tax rebate program. All in ten minutes.

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Wichita convention business

February 15, 2012

Is the pursuit of convention business in Wichita at great expense to citizens a wise course for economic development?

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Fact checking Wichita Mayor Carl Brewer

February 13, 2012

Last week Wichita Mayor Carl Brewer appeared on the KPTS Television public affairs program Impact to discuss his recent State of the City Address for 2012. While the mayor didn’t say much that is factually incorrect, examining some of his statement in a larger context is a valuable exercise.

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Wichita HOME program has negative consequences

February 13, 2012

The Wichita City Council will consider a program designed to boost the sale of newly-constructed homes. While this program was undoubtedly developed with good intentions, government intervention almost always has many other effects other than the desired effect. Unfortunately, many of these unintended consequences have a negative impact, often far exceeding the good that the program might create.

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Fact checking a Wichita Ambassador Hotel “Vote Yes” mailer

February 10, 2012

Claims made by supporters of a special tax rebate for the Wichita Ambassador Hotel don’t withstand scrutiny.

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No-bid contracts a problem in Wichita

February 8, 2012

Wichita Eagle reporting uncovers a problem with no-bid contracts for construction projects in Wichita. This revelation illustrates these things: a Wichita City Council almost totally captured by special interests, crony capitalism on steroids, and another example of why Wichita and Kansas need pay-to-play laws.

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For the Ambassador Hotel in Wichita: 8 or 9 government subsidy programs?

February 8, 2012

Supporters of a guest tax rebate program for Wichita’s Ambassador Hotel don’t tell you that the vote on February 28th concerns only one of the potential nine taxpayer-funded government subsidy programs designed for the hotel.

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Kansas needs pay-to-play laws

February 6, 2012

In Wichita, campaign contributions made to city council candidates often are not about supporting political ideologies — liberal, moderate, or conservative. It’s about opportunists seeking money from government. Pay-to-play laws can help control this harmful practice.

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Market solutions best for Wichita

February 6, 2012

Wichita Mayor Carl Brewer wants to double down on economic development strategies that have produced very little good.

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Wichita Ambassador Hotel information sheet

February 2, 2012

Tax Fairness for All Wichitans has an information sheet available to help Wichitans learn more about the February 28th election regarding the Ambassador Hotel guest tax rebate.

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Carl Brewer: State of the City for Wichita, 2012

February 1, 2012

Wichita Mayor Carl Brewer delivers his State of the City Address for 2012.

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Discussion on Ambassador Hotel tax issue to be this Friday

February 1, 2012

The Wichita Pachyderm Club, as part of its regular Friday luncheon series of educational meetings, will conduct a public forum on the February 28th Wichita city election. The subject of the election is a Wichita city charter ordinance that rebates 75 percent of the Ambassador Hotel’s guest tax collection back to the hotel.

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Fact checking the Wichita Ambassador Hotel campaign

January 28, 2012

Claims made by a group supporting taxpayer subsidy for the Ambassador Hotel in Wichita are put to the test.

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Wichita ethics kerfuffle quashed; lessons learned

January 16, 2012

What lessons have Wichitans learned from a recent city hall episode involving ethics?

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For Wichita city hall, ethics again an issue

January 13, 2012

Reports that the Wichita city manager’s fiancee is involved with a group seeking approval from the city for a project indicate that the city’s perspective on ethics could use reform.

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Meitzner clarifies: I’m not opposed

January 11, 2012

Wichita City Council Member Pete Meitzner clarifies his remarks, saying he supports public debate and discourse.

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Wichita TIF: Taxpayer-funded benefits to political players

January 9, 2012

It is now confirmed: In Wichita, tax increment financing (TIF) leads to taxpayer-funded waste that benefits those with political connections at city hall.

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Boeing departure presents challenge for Wichita and Kansas

January 6, 2012

The announcement of the departure from Wichita of Boeing presents challenges for the Wichita area and the state of Kansas. The response of government officials over the next few years will need to depart from past and present practice if Wichita wants to build a dynamic and sustainable economy. With a few exceptions, our current elected officials will likely proceed with targeted economic development, and Wichita and Kansas will miss an opportunity to implement meaningful and lasting change.

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Wichita falls in economic performance ranking

December 28, 2011

The City of Wichita has fallen in a ranking of the performance of its economy, according to the Milkin Institute.

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Wichita City Council sets hotel tax election date

December 26, 2011

Discussion of setting an election date provided another example reinforcing the realization that Wichita has a city council — with the exception of one member — that is entirely captured by special interests.

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