Subsidy

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

by Bob Weeks on 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 for the hotel.

Voting No on February 28th leaves eight government subsidy programs in place. Only one program is affected.

Here are the government subsidy eight programs the hotel already has in place that will not be affected by the February 28th election:

$3,325,000 in tax increment financing. This diverts money from services like police, fire, and schools to provide benefits to the developers, in this case parking for the hotel.
$4,245,000 in city funding under the capital improvement plan (CIP), to build parking for the hotel.
$3,800,000 in tax credits from the State of Kansas. Taxpayers across Kansas have to make up this missing revenue.
$3,500,000 in tax credits from the U.S. government. Taxpayers across the country have to make up this missing revenue.
$537,075 in sales tax exemptions on purchases during the construction and furnishing of the hotel. That’s missing revenue that other Kansas taxpayers have to make up.
$60,000 per year in community improvement district (CID) sales tax. The hotel charges an extra two cents per dollar sales tax, which the state returns to the hotel.
$127,499 per year (estimated) in rental revenue to the developers from a sweetheart lease deal.
Participation in Wichita’s facade improvement program, which provides special assessment financing that is repaid.

All told, this project will receive $15,407,075 in taxpayer funds to get started, with additional funds provided annually.

The election on February 28th concerns one additional government subsidy program: $134,000 per year in guest taxes. A special city charter ordinance would allow the hotel to keep 75 percent of the guest tax it collects, instead of that revenue going to the city’s convention and tourism fund. This is the ordinance that is the subject of the February 28th election.

A vote of No keeps eight government subsidy programs in place. These generous taxpayer-funded programs should be enough.

Tagged as: Corporate welfare, Economic development, Subsidy, Tax increment financing, Wichita city council, Wichita city government

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Tax Fairness for All Wichitans Information Sheet

by Bob Weeks on 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.

You can download a printable pdf version of the information sheet by clicking on Tax Fairness for All Wichitans Information Sheet. Or, view the document below. (Hint: Click on “Fullscreen” at the bottom of the document for a larger view.)

Tax Fairness for All Wichitans Information Sheet

Tagged as: Economic development, Free markets, Government spending, Interventionism, Subsidy, Taxation, Wichita city council, Wichita city government

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Carl Brewer: State of the City for Wichita, 2012

by Bob Weeks on February 1, 2012

Last night Wichita Mayor Carl Brewer delivered his annual State of the City Address. The text of the address may be read at State of the City Address.

In his speech, Brewer several times criticized those who act on “partisan agendas.” This is quite a remarkable statement for the mayor to make. Partisan usually refers to following a party line or platform. The mayor didn’t mention who he was criticizing, but it’s likely he was referring to myself and others like John Todd, Susan Estes, and Clinton Coen, as we appear regularly before the city council, usually in disagreement with the mayor and his policies.

What’s remarkable is that the council, even though it has four Republican members, almost always votes uniformly with Democrat Brewer and the other two politically liberal members of the council. The only exception is Michael O’Donnell (district 4, south and southwest Wichita), who is often in a minority of one voting in opposition to the other six. The other Republican members — Pete Meitzner (district 2, east Wichita), James Clendenin (district 3, southeast and south Wichita), and Jeff Longwell (district 5, west and northwest Wichita) — routinely vote in concert with the Democrats and liberals on the council.

Remarkable also are the many members of the business community who appeal to the council for subsidies, increased government intervention, and more central planning from city hall: many of these are Republicans. Conservative Republicans, many have personally told me.

This describes a lack of partisanship. Most of the mayor’s critics, such as myself, are more accurately characterized not as acting along party lines, but as acting on their belief in economic freedom, free markets, and limited government.

Economic development

The mayor said that the city’s efforts in economic development had created “almost 1000 jobs.” While that sounds like a lot of jobs, that number deserves context.

According to estimates from the Kansas Department of Labor, the civilian labor force in the City of Wichita for December 2011 was 192,876, with 178,156 people at work. This means that the 1,000 jobs created accounted for from 0.52 percent to 0.56 percent of our city’s workforce, depending on the denominator used. This miniscule number is dwarfed by the normal ebb and flow of other economic activity.

The mayor did not mention the costs of creating these jobs. These costs have a negative economic impact on those who pay these costs. This means that economic activity — and jobs — are lost somewhere else in order to pay for the incentives.

The mayor’s plan going forward, in his words, is “We will incentivize new jobs.” But under the mayor’s leadership, this “active investor” policy has produced a very small number of jobs, year after year. Doubling down on the present course is not likely to do much better.

But there are those who disagree, despite all evidence to the contrary. Sedgwick County Commissioner Dave Unruh — a conservative Republican, for those keeping track of partisanship — recently called for a “deal-closing” fund of $100 million. A funding source of this magnitude would undoubtedly require a new tax. There are many who feel there should be a new sales tax devoted to economic development and downtown Wichita development. We should not be surprised to see such a proposal emerge, and not be surprised that civic and business institutions will support it.

The mayor repeatedly said that the city has been “courageous.” In reality, Wichita does about the same as everyone else. But there is a way Wichita could distinguish itself among cities.

Professor Art Hall of the Center for Applied Economics at the Kansas University School of Business has made a convincing case that Kansas needs to move away from the “active investor” approach to economic development. This is where government decides which companies will receive special treatment, be it in the form of tax abatements, tax credits, grants, tax increment financing, community improvement district special taxes, and other forms of subsidy. Being an “active investor” has been the approach of the City of Wichita, and according to the mayor’s vision, this plan is to be stepped up in the future.

In his paper Embracing Dynamism: The Next Phase in Kansas Economic Development Policy, Hall quotes Alan Peters and Peter Fisher: “The most fundamental problem is that many public officials appear to believe that they can influence the course of their state and local economies through incentives and subsidies to a degree far beyond anything supported by even the most optimistic evidence. We need to begin by lowering expectations about their ability to micro-manage economic growth and making the case for a more sensible view of the role of government — providing foundations for growth through sound fiscal practices, quality public infrastructure, and good education systems — and then letting the economy take care of itself.”

Later, Hall writes this regarding “benchmarking” — the bidding wars for large employers that Wichita and Kansas rely on for economic development: “Kansas can break out of the benchmarking race by developing a strategy built on embracing dynamism. Such a strategy, far from losing opportunity, can distinguish itself by building unique capabilities that create a different mix of value that can enhance the probability of long-term economic success through enhanced opportunity. Embracing dynamism can change how Kansas plays the game.”

We need business and political leaders in Wichita and Kansas who can see beyond the simplistic imagery of a groundbreaking ceremony and can assess the effect of our failing economic development policies on the entire community. Unfortunately, we don’t have many of these — and Mayor Brewer leads in the opposite direction.

Critical of misinformation campaigns

In his speech, Brewer was critical of those who “spread misinformation.” He was not specific as to who he’s criticizing, and I wouldn’t expect him to name specific people in a speech like this.

But when the mayor criticizes people for being uninformed or misinformed, he needs to look first at himself. He and city staff also need to engage their critics and be responsive to requests for information.

As an example of misinformation, the mayor cited this evidence that city policies are working: “The proposed Ambassador Hotel with a 3-to-1 private to public investment ratio.”

The city arrived at this ratio by employing a very narrow definition of public investment. When tax credits from the State of Kansas and federal government as well as other sources of public subsidy are accounted for, the ratio drops to less than two to one.

It’s true that considering only the city’s artificially narrow definition of public funding, the ratio does reach three to one. But Wichitans also have to pay part of the costs of the tax credits and other subsidies.

The city has also been less than honest in its promotion of the cost-benefit ratio for the Ambassador Hotel project. The city officially cites a cost-benefit study produced by Wichita State University Center for Economic Development and Business Research. Part of that study produced a cost-benefit ratio of 2.63 to one, and that’s what the city uses as justification for its participation in the project.

But the full story of the costs and benefits of this project are contained in these numbers from the WSU analysis:

                                    ROI   Cost-benefit ratio
City Fiscal Impacts General Fund  163.2%        2.63
City Fiscal Impacts Debt Service  -17.2%        0.83
City Fiscal Impacts                -9.8%        0.90

WSU evaluated the impact of the Ambassador Hotel on the City of Wichita’s finances in two areas: The impact on the city’s General Fund, and separately on the city’s Debt Service Fund. The two were combined to produce the total fiscal impact, which is the bottom line in this table.

The City of Wichita cites only the positive impact to the General Fund figure. But the impact on the Debt Service fund is negative, and the impact in total is negative.

It’s true that the ROI and cost-benefit ratio for the General Fund indicate a positive investment return. But the cost of the Ambassador Hotel subsidy program to the General Fund is $290,895, while the cost to the Debt Service Fund is $7,077,831 — a cost factor 23 times as large.

Citizens ought to ask: Who is spreading misinformation?

It is difficult to get a response from city hall regarding questions like these. So far city economic development director Allen Bell has not agreed to meet with representatives of Tax Fairness for All Wichitans, a group opposed to the subsidies for the Ambassador Hotel. (I am part of that group.) The city and its allied economic development groups will not send representatives to participate in a public forum on this matter.

Simplistic answers

The mayor criticized those who “provide simplistic answers to very complicated challenges.” He may be — we don’t really know — referring to those like myself who advocate for free market solutions to problems rather than reliance on government. Certainly the mayor believes that government must act — “courageously” he said — to confront our problems.

A problem with the mayor’s plan for increased economic interventionism by government is the very nature of knowledge. In a recent issue of Cato Policy Report, Arnold King wrote:

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.

Relying on free market solutions for economic growth and prosperity means trusting in the concept of spontaneous order. That takes courage. It requires faith in the values of human freedom and ingenuity rather than government control. It requires that government officials let go rather than grabbing tighter the reins of power.

Mayor Brewer, five of six city council members, and the city hall bureaucracy do not believe in these values. Wichita’s mayor is openly dismissive of economic freedom, free markets, and limited government, calling these principles of freedom and liberty “simplistic.” Instead, his government prefers crony capitalism and corporate welfare. This is the troubling message that emerges from Brewer’s State of the City address.

Tagged as: Allen Bell, Capitalism, Carl Brewer, Corporate welfare, Dave Unruh, Economic development, Economic freedom, Free markets, Interventionism, James Clendenin, Jeff Longwell, Michael O'Donnell, Pete Meitzner, Subsidy, Tax abatements, Wichita city council, Wichita city government

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Kansas Bioscience Authority

by Bob Weeks on January 27, 2012

The release of a forensics audit of the Kansas Bioscience Authority coupled with two days of joint committee hearings revealed an independent government agency out of control, an audit that draws conclusions described as sanitized of important details, and an agency and legislative supporters who believe that now, all is well at the KBA.

Defenders and supporters of KBA rely on two facts: First, the source of many problems — former CEO Tom Thornton — is no longer at KBA. He has been criticized for overspending and his managerial style, and the audit found that he deliberately deleted and scrubbed data from his personal laptop computer. Data is also missing from a protected section of a KBA server.

Second, the audit finds no major problems with KBA’s board of directors or its business policies, procedures, and controls.

Regarding Thornton, Kansas Secretary of Agriculture Dale A. Rodman, who oversaw the audit process on behalf of the Brownback Administration, was strongly critical of the KBA board’s oversight of Thornton. He told a joint committee that the KBA board had not done its job, and that a “golden opportunity” for Kansas has been lost.

As to policies and practices, it is apparent that the KBA board violated a Kansas statute governing the KBA that covers conflicts of interest and board members receiving financial benefits on behalf of companies they have ownership interests in. The audit, many times, says that board members may resolve a conflict of interest by disclosure and not voting.

But the case of KBA board member Bill Sanford is an example to the contrary. Rodman said that a company he partly owns received KBA grants totaling $674,996. There appear to be many similar examples involving other KBA personnel and companies.

These facts stand in contrast to conclusions drawn in the audit, which was conducted by BKD, LLP Forensics and Valuation Services on behalf of the KBA, although the Brownback administration, through Rodman, had some oversight. Senate Commerce Committee Chair Susan Wagle, a Wichita Republican who has been at the forefront of the KBA issue, has repeatedly described the audit’s conclusions as “sanitized.” I agree.

Rodman, in his testimony, revealed a troubling attitude towards ethics that we often see in Kansas. He told the committee that former Governor John Carlin told him that KBA could not do business in Kansas with strict ethic rules because everyone in Kansas knows each other. And last year Carlin, as chairman of the board of KBA, appeared before a Senate committee to give a strong defense of CEO Thornton.

Now we know differently. But Carlin — defender of Thornton, who is now widely recognized as a “bad apple” — still serves on the KBA board. The fact that there has been little turnover in the composition of the KBA board reveals that the board, along with KBA’s supporters, believe that little is left to be fixed, now that Thornton has left the building.

Kansans deserve something better, however. If KBA is to continue, all board members should resign, and immediately.

The audit and committee testimony also uncovered troubling facts about the performance of KBA in creating jobs. If we take away KBA’s largest success story, which accounts for half or more of the jobs KBA claims to be responsible for creating and which cost a small amount of KBA funds, we are left with the realization that the other jobs KBA created cost over $700,000 each.

KBA defends itself by noting that it focuses on long-term nurturing of the bioscience industry in Kansas, and less on creating jobs in the near term. Long-term goals, however, are not the forte of government, and that may be why KBA was created as an independent agency with its own revenue stream not subject to annual legislative or executive branch appropriations.

But that leads to another problem: Arrogance and indomitability. That is much in evidence at KBA. Furthermore, we can’t really say that KBA “invests,” as it is not subject to the same constraints that govern when businesses or individuals invest. These private actors can’t conscript their capital from the people of Kansas, as does KBA. Neither does KBA have to accept responsibility for losses.

It would not be surprising to see legislation emerge to provide legislative or executive branch oversight and control over KBA. While that may improve KBA, we will still be left with the issue of the incompatible roles of government and private sector.

Tagged as: Economic development, Government spending, Interventionism, Kansas legislature, Kansas state government, Subsidy, Susan Wagle

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End the Economic Development Administration — Now

by Guest Author on January 24, 2012

Following in an article from U.S. Representative Mike Pompeo, a Republican who represents the Kansas fourth district, including the Wichita metropolitan area. It provides an example of how hard it is to reduce the size of government. The legislation that is mentioned in the article is H.R. 3090: EDA Elimination Act of 2011, which would shut down the Economic Development Administration.

End the Economic Development Administration — Now

By U.S. Representative Mike Pompeo
As part of my efforts to reduce the size of government, I have proposed to eliminate the Economic Development Administration (EDA), a politically motivated federal wealth redistribution agency. Unsurprisingly, the current leader of that agency, Assistant Secretary of Commerce for Economic Development John Fernandez, has taken acute personal interest in my bill to shutter his agency.

Last week, Secretary Fernandez invited himself to Wichita at taxpayer expense and met with the Wichita Eagle’s editorial board. Afterwards, the paper accurately noted I am advocating eliminating the EDA even though that agency occasionally awards grant money to projects in South Central Kansas. They just don’t get it. Thanks to decades of this flawed “You take yours, I’ll take mine” Washington logic, our nation now faces a crippling $16 trillion national debt.

I first learned about the EDA when Secretary Fernandez testified in front of my subcommittee that the benefits of EDA projects exceed the costs and cited the absurd example of a $1.4 million award for “infrastructure” that allegedly helped a Minnesota town secure a new $1.6 billion steel mill. As a former CEO, I knew there is no way that a taxpayer subsidy equal to less than one-tenth of one percent (0.1%) of the total capital needed made a difference in launching the project. That mill was getting built whether EDA’s grant came through or not. So, I decided to dig further.

I discovered that the EDA is a federal agency we can do without. Similar to earmarks that gave us the infamous “Bridge to Nowhere” or the Department of Energy loan guarantee scandal that produced Solyndra, the EDA advances local projects that narrowly benefit a particular company or community. To be sure, the EDA occasionally supports a local project here in Kansas. But it takes our tax money every year for projects in 400-plus other congressional districts, many if not most of which are boondoggles. For example: EDA gave $2 million to help construct UNLV’s Harry Reid Research and Technology Park; $2 million for a “culinary amphitheater,” tasting room, and gift shop at a Washington state winery; and $500,000 to construct (never-completed) replicas of the Great Pyramids in rural Indiana.

Several times in recent decades, the Government Accountability Office has questioned the value and efficacy of the EDA. Good-government groups like Citizens Against Government Waste have called for dismantling the agency. In addition, eliminating the EDA was listed among the recommendations of President Obama’s own bipartisan Simpson-Bowles Deficit Reduction Commission.

So why hasn’t it been shut down already? Politics. The EDA spreads taxpayer-funded project money far and wide and attacks congressmen who fail to support EDA grants. Soon after that initial hearing, Secretary Fernandez flew in his regional director — again at taxpayer expense — to show me “all the great things we are doing in your home district” and handed me a list of recent and pending local grants. Hint, hint. You can’t say I wasn’t warned to back off. Indeed, Eagle editors missed the real story here: Secretary Fernandez flew to Wichita because he is a bureaucrat trying to save his high-paying gig. The bureaucracy strikes back when conservatives take on bloated, out-of-control, public spending, so I guess I’m making progress.

Please don’t misunderstand. I am not faulting cities, universities, or companies for having sought “free” federal money from the EDA. The fault lies squarely with a Washington culture that insists every program is sacred and there is no spending left to cut.

A federal agency run at the Assistant Secretary level has not been eliminated in decades. Now is the time. My bill to eliminate the EDA (HR 3090) would take one small step toward restoring fiscal sanity and constitutional government.

Tagged as: Economic development, Government spending, Kansas fourth district, Mike Pompeo, Politics, Subsidy

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Kansas and Wichita quick takes: Monday January 16, 2012

by Bob Weeks on January 16, 2012

Tax cuts = extra income? Commenting on Kansas tax reform, Wichita Business Journal editor Bill Roy said “Certainly for business people, it’s the elimination of the income tax on business income. … They’ll appreciate having that extra income that they can use on other things in their business.” I don’t know how much thought Roy gave to these remarks, but his easy likening of lower taxes to extra income is symptomatic of the problem: We have become accustomed to government having a claim on our income. In the rare instances where government gives up part of that claim, we taxpayers are supposed to view it as a gift, as something extra. Roy’s remarks were broadcast on the KPTS television program Impact while discussing Kansas Governor Sam Brownback’s tax reform plan. … Similar lines of thinking are revealed whenever it is said that tax cuts “cost” the government. The proper way of thinking is that government is a cost to the people, and whenever the cost of government is reduced, we experience a benefit. That is, we the people, as contrasted to the political class. If the government cuts taxes, the government gives us nothing. It simply takes less of what is ours in the first place. … I’m also reminded of former Kansas Governor Kathleen Sebelius, who when commenting on a reduction of the Kansas business machinery tax, said “We’re not giving away money for the sake of giving it away.”

Revenue-neutral tax reform. If Kansas tax reform is to be revenue-neutral, that — by definition — means that if one person pays less, someone else has to make up the difference. Peter Hancock of Kansas Education Policy Report has such an example in his post Winners and Losers in Brownback’s Tax Plan. A low-income family would experience a tax increase of $442 (mostly through loss of the Earned Income Tax Credit), while a middle class family with business income would save about $300. These examples were released by Kansas Democrats. … Hancock also reports that the Brownback administration’s projections assume 5.9 percent annual growth, instead of the standard 4 percent used by the Consensus Estimating Group. A common criticism of President Barack Obama’s administration is that its projections are based on an overly-optimistic rate of future economic growth. We shouldn’t do the same in Kansas.

Peterjohn to speak. This Friday (January 20th) the Wichita Pachyderm Club features Sedgwick County Commissioner Karl Peterjohn. He says he will speak on “critical national problems we are facing with a historical perspective.” The public is welcome and encouraged to attend Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club. Upcoming speakers: On January 27, 2012: The Honorable Jennifer Jones, Administrative Judge, Wichita Municipal Court, speaking on “An overview of the Wichita Municipal Court.”

Southwest to fly to Wichita. Since it gobbled up AirTran, the question has been: Will Southwest Airlines provide service in Wichita? Now we know the answer is yes. While the airline has recently started service in some markets without the large, ongoing subsidies that Wichita and the state provide, that won’t be the case in Wichita, according to news reports. … Last year I reported on Southwest starting service in Charleston, South Carolina, whose metropolitan area population is similar to that of Wichita: “In the Charleston situation, there evidently won’t be the massive state-supplied subsidy as we have in Kansas. But Southwest will still get a leg up: A USA Today story quotes a Charleston airport official saying ‘Southwest didn’t want a state subsidy, but was interested in the airport’s incentives a temporary waiver of landing fees, up to $10,000 to market new flights, and up to $150,000 for other start-up costs.’” That’s a lot less than what Wichita and Kansas offer. .. Will the need for subsidies last? About this time last year, Wichita City Manager Robert Layton said “The Southwest business model doesn’t require subsidies over a long period of time.” Of course, we were told that the subsidy for AirTran would be required for only a short period, but the program grew and grew until it is now considered part of our state’s transportation infrastructure.

Kansas economic development incentives. In an Insight Kansas column, Professor Chapman Rackaway of Fort Hays State University concludes: “No state will abandon the tax-incentive recruitment strategy for fear of being the only business suitor with nothing to offer. But the tax-incentive strategy remains a risky one, and perhaps it is time for Kansas and other governments to re-evaluate the practice.” … Earlier in the article he cites the lack of oversight among the states: “States and localities are regularly in competition with one another for scarce jobs. However, a 2001 article in Economic Development Quarterly reported that, despite the billions distributed annually as incentives, states were doing little evaluation of incentives’ effectiveness or their return on investment.” (Kansas has done a little of this; see here. A quote from the Kansas audit: “Most studies of economic development incentives suggest these incentives don’t have a significant impact on economic growth. The literature we reviewed concluded that, thus far, negative and inconclusive findings are far more numerous than positive findings. Most reviews of economic development assistance find few results are achieved — a theme that audits in Kansas and other states commonly find, as well. Findings of ineffectiveness include promised jobs weren’t created, return on investment is low or negative, and incentives offered weren’t a determining factor.” But also: “The literature also suggests that economic development incentives must be offered to remain competitive with other states.”) … But I think there is a way out. In his paper Embracing Dynamism: The Next Phase in Kansas Economic Development Policy, Professor Art Hall of the Center for Applied Economics at the Kansas University School of Business wrote this regarding “benchmarking” — the bidding wars for large employers that are the subject of Rackaway’s article: “Kansas can break out of the benchmarking race by developing a strategy built on embracing dynamism. Such a strategy, far from losing opportunity, can distinguish itself by building unique capabilities that create a different mix of value that can enhance the probability of long-term economic success through enhanced opportunity. Embracing dynamism can change how Kansas plays the game.”

Story is broken. “Prof. Art Carden responds to ‘The Story of Broke,’ a recent video by the creators of ‘The Story of Stuff.’ In ‘The Story of Broke,’ Annie Leonard claims that the government isn’t actually broke. Rather, the government just wastes resources on the wrong things like subsidies to the dinosaur economy and war. She claims that the government should change its ways, and instead, subsidize firms that will bring us the future we really want. Art Carden agrees with Leonard that war and subsidies are wasteful, but is skeptical of notion that there is one unified vision for the future. To Carden, everyone has a different vision for the future. Our path to the future, he argues, is determined by the interactions of billions of unique individuals pursuing their own objectives. … Carden concludes that government spending won’t buy a brighter future. A brighter future will emerge when people are allowed to spend money on things they care about. Put another way, positive change will come from billions of people cooperating freely and voluntarily with one another, not from pushing trillions of dollars through a broken political process.” This video is from LearnLiberty.org, a project of Institute for Humane Studies, and many other informative videos are available.

Tagged as: Economic development, Government spending, Kansas Governor, Kathleen Sebelius, Robert Layton, Sam Brownback, Subsidy, Wichita Pachyderm Club

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Wichita TIF: Taxpayer-funded benefits to political players

by Bob Weeks on 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.

The latest evidence we have is the construction of a downtown parking garage that benefits Douglas Place, especially the Ambassador Hotel, a renovation of a historic building now underway.

The flow of tax dollars Wichita city leaders had planned for Douglas Place called for taxpayer funds to be routed to a politically-connected construction firm. And unlike the real world, where developers have an incentive to build economically, the city created incentives for Douglas Place developers to spend lavishly in a parking garage, at no cost to themselves. In fact, the wasteful spending would result in profit for them.

The original plan for Douglas Place as specified in a letter of intent that the city council voted to support, called for a parking garage and urban park to cost $6,800,000. Details provided at the August 9th meeting of the Wichita City Council gave the cost for the garage alone as $6,000,000. The garage would be paid for by capital improvement program (CIP) funds and tax increment financing (TIF). The CIP is Wichita’s long-term plan for building public infrastructure. TIF is different, as we’ll see in a moment.

At the August 9th meeting it was also revealed that Key Construction of Wichita would be the contractor for the garage. The city’s plan was that Key would not have to bid for the contract, even though the garage is being paid for with taxpayer funds. Council Member Michael O’Donnell (district 4, south and southwest Wichita) expressed concern about the no-bid contract. As a result, the contract was put out for competitive bid.

Now a winning bid has been determined, according to sources in city hall, and the amount is nearly $1.3 million less than the council was willing to spend on the garage. This is money that otherwise would have gone into the pockets of Key Construction. Because of the way the garage is being paid for, that money would not have been a cost to Douglas Place’s developers. Instead, it would have been a giant ripoff of Wichita taxpayers. This scheme was approved by Mayor Carl Brewer and all city council members except O’Donnell.

Even worse, the Douglas Place developers have no incentive to economize on the cost of the garage. In fact, they have incentives to make it cost even more.

Two paths for developer taxes

Recall that the garage is being paid for through two means. One is CIP, which is a cost to Wichita taxpayers. It doesn’t cost the Douglas Place developers anything except for their small quotal share of Wichita’s overall tax burden. In exchange for that, they get part of a parking garage paid for.

But the tax increment financing, or TIF, is different. Under TIF, the increased property taxes that Douglas Place will pay as the project is completed won’t go to fund the general operations of government. Instead, these taxes will go to pay back bonds that the city will issue to pay for part of the garage — a garage that benefits Douglas Place, and one that would not be built but for the Douglas Place plans.

Under TIF, the more the parking garage costs, the more Douglas Place property taxes are funneled back to it — taxes, remember, it has to pay anyway. (Since Douglas Place won’t own the garage, it doesn’t have to pay taxes on the value of the garage, so it’s not concerned about the taxable value of the garage increasing its tax bill.)

Most people and businesses have their property taxes go towards paying for public services like police protection, firemen, and schools. But TIF allows these property taxes to be used for a developer’s exclusive benefit. That leads to distortions.

Why would Douglas Place be interested in an expensive parking garage? Here are two reasons:

First, the more the garage costs, the more the hotel benefits from a fancier and nicer garage for its guests to park in. Remember, since the garage is paid for by property taxes on the hotel — taxes Douglas Place must pay in any case — there’s an incentive for the hotel to see these taxes used for its own benefit rather than used to pay for firemen, police officers, and schools.

Second, consider Key Construction, the planned builder of the garage under a no-bid contract. The more expensive the garage, the higher the profit for Key.

Now add in the fact that one of the partners in the Douglas Place project is a business entity known as Summit Holdings LLC, which is composed of David Wells, Kenneth Wells, Richard McCafferty, John Walker Jr., and Larry Gourley. All of these people are either owners of Key Construction or its executives. The more the garage costs, the higher the profit for these people. Remember, they’re not paying for the garage. City taxpayers are.

The sum of all this is a mechanism to funnel taxpayer funds, via tax increment financing, to Key Construction. The more the garage costs, the better for Douglas Place and Key Construction — and the worse for Wichita taxpayers.

Fueled by campaign contributions?

It’s no wonder Key Construction principals contributed $13,500 to Wichita Mayor Carl Brewer and four city council members during their most recent campaigns. Council Member Jeff Longwell (district 5, west and northwest Wichita) alone received $4,000 of that sum, and he also accepted another $2,000 from managing member David Burk and his wife.

This scheme — of which few people must be aware as it has not been reported anywhere but here — is a reason why Wichita and Kansas need pay-to-play laws. These laws impose restrictions on the activities of elected officials and the awarding of contracts.

An example is a charter provision of the city of Santa Ana, in Orange County, California, which states: “A councilmember shall not participate in, nor use his or her official position to influence, a decision of the City Council if it is reasonably foreseeable that the decision will have a material financial effect, apart from its effect on the public generally or a significant portion thereof, on a recent major campaign contributor.”

This project also shows why complicated financing schemes like tax increment financing need to be eliminated. Government intervention schemes like this turn the usual economic incentives upside down, and at taxpayer expense.

Tagged as: Carl Brewer, Interventionism, Jeff Longwell, Michael O'Donnell, Subsidy, Tax increment financing, TIF districts, Wichita city council, Wichita city government

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Kansas and Wichita quick takes: Tuesday January 3, 2012

by Bob Weeks on January 3, 2012

Legislators to hear from citizens. The South-Central Kansas Legislative Delegation will be taking public comments tonight (Tuesday January 3rd) at 7:00 pm in the Jury Room of the Sedgwick County Courthouse, 525 N. Main in Wichita. (Use the north entrance to the courthouse). This is your opportunity to let local legislators know your wishes on issues that will be considered during the 2012 legislative session. In the past, each person wishing to talk has been limited to between three and five minutes depending on the number of people wishing to speak. There is usually the requirement to sign up as you enter if you want to speak.

Romney seen as ‘good enough.’ Kimberley A. Strassel, in today’s Wall Street Journal, makes the case that many Republicans are starting to realize, some very reluctantly: “Voters aren’t convinced by Mitt Romney. They’re not certain of his convictions; they wonder if he is the leader for these times; they’re not sold on his policies or his personality. Yet voters may be about to make the former Massachusetts governor the Republican nominee for the presidency. Mark this down as the triumph of strategy over inspiration.” … After analyzing the rise and fall of the other Republican candidates, Strassel concludes: “So while Mr. Romney may not excite them, while he may not be ideal, in light of the other candidate’s problems, and given the election stakes, voters are buying his argument that he is, well … good enough. Which is why, barring a surprise, or a late entrant, Mr. Good Enough — through good fortune, dogged determination, and the skillful elimination of his rivals — may end up grabbing the conservative ring in this all-important election year.” … Can Romney defeat Obama? “It will not be enough for Mr. Romney to argue against Mr. Obama; he will have to inspire Republicans and independents to vote for his own vision. Mr. Romney offers decent policies, and he’s proven himself a hard worker, with growing campaign skills. The question is whether a victory in the primary will give him the confidence to break out, to take some risks, and to excite a nation that wants real change. In a presidential election, good enough might not be enough to win.” More at Mr. Good Enough: Mitt Romney lost the nomination in 2008 because of his lack of focus and a reputation for shifting his message. He’s learned something this time around.

Brownback Chief of Staff in Wichita. This Friday (January 6th) the Wichita Pachyderm Club features David Kensinger, Chief of Staff to Kansas Governor Sam Brownback. Of Kensinger, the Kansas City Star wrote “Even David Kensinger’s friends call him a pit bull. … Few Kansans would recognize his name, though his job automatically makes Kensinger an important figure in Kansas politics. But Republicans and Democrats say he’s much more than the top member of the governor’s staff. David Kensinger, they say, is a brilliant political strategist and a tireless, fiercely loyal Brownback lieutenant — and has made himself into the most powerful second-in-command in the state’s modern history.” The public is welcome and encouraged to attend Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club. Upcoming speakers: On January 13th: Speaker of the Kansas House of Representatives Mike O’Neal, speaking on “The untold school finance story.” … On January 20th: Sedgwick County Commissioner Karl Peterjohn. … On January 27, 2012: The Honorable Jennifer Jones, Administrative Judge, Wichita Municipal Court, speaking on “An overview of the Wichita Municipal Court.”

Arrogance of Trump. Appearing yesterday on Fox News On the Record, Donald Trump says he may run for president if the Republicans pick the wrong candidate. But he won’t name who, in his mind, are the “wrong” candidates. He won’t even endorse a candidate.

Ethanol. With the new year, the subsidy for blending corn ethanol into gasoline has ended. So has the tariff on imported ethanol. The mandate to use a certain number of gallons each year remains. Of that, the Wall Street Journal comments: “The fight for economic rationality goes on.” See Ethanol in Winter: Wonder of wonders, the tax subsidy and tariff expire..

180 miles in an electric car. A family’s 180 mile trip from Knoxville to Nashville took a while, requiring four stops of 30 minutes each at “fast” recharging stations. The car was a Nissan Leaf. In his commentary, Paul Chesser noted: ‘The Smiths’ experience echoed that of a Consumer Reports reviewer and Los Angeles columnist Rob Eshman, who called his Leaf his ’2011 Nissan Solyndra.’ Eshman, editor-in-chief of The Jewish Journal, experienced the same gauge inaccuracies and range anxiety that came from traversing hills and mountains and the use of his air conditioning in hot, smoggy L.A. ‘My life now revolves around a near-constant calculation of how far I can drive before I’ll have to walk,’ Eshman wrote. ‘The Nissan Leaf, I can report, is perfect if you don’t have enough anxiety in your life.’” … Smith said he was proud that the trip across Tennessee didn’t require a drop of oil. But according to Institute for Energy Research, 52.7 percent of electricity in Tennessee is generated using coal as the fuel. Across the Tennessee Valley region, two-thirds of the electricity comes from buring coal. … More at Family’s electric car trip to Nashville hits a glitch: arrived anyway.

Kansas Policy Institute research. In its newsletter, Kansas Policy Institute writes “As 2012 begins we can be sure of one thing — the upcoming legislative session will be anything but boring.” KPI also reminds Kansans of the many policy studies it produced last year that will help legislators and citizens understand the issues Kansas faces. Following is the list KPI provided: The Effect of Federal Health Care ‘Reform’ on Kansas General Fund Medicaid Expenditures … A Comprehensive Reform of KPERS … Kansas Legislature’s Legal Authority to Modify KPERS … A Budget Stablization Plan For Kansas … Tax Reform is About Job Creation and Economic Growth … Major Structural Deficits Looming in Kansas Budget…a.k.a. Thelma and Louise! … A Reinventing the Kansas K-12 School System to Engage More Children in Production Learning.

Morality of capitalism. Tom G. Palmer, Senior Fellow at the Cato Institute, speaks about capitalism and a new book — The Morality of Capitalism — that he edited. “One of the things that’s quite striking is when you look at criticisms of the market, in many cases what they’re complaining about is interventionism and cronyism, not really capitalism. That’s a very important distinction to make. … The financial crisis in particular is just quite evidently a failure of interventionism — trying to steer the market, and it ended up going off the rails. Now markets are trying to correct themselves and governments are struggling to not allow that to happen, with more stimulus and trying to pump up property prices, and so on.” … Palmer said now it’s time to go on the offensive for free market capitalism. That has not been responsible for the failed policies of government. … On the morality of capitalism, Palmer said that capitalism has been identified exclusively with self-interest, as though that was its defining feature. But people in other economic systems pursue self-interest, too. Capitalism is distinguished, he said, by a legal and moral relationship among persons: “People have the right to pursue their dream, they have the right to do what they want, with what is legitimately theirs under a system of the rule of law and equality before the law — for everybody. Not privileges for some with special powers as planners and dictators and so one, but all of meet in society as moral and legal equals. And we trade and we exchange. The outcome of that is morally just.” … It’s not just the greater productivity of market exchange, Palmer said. People have a right to exchange and transact freely, and the state and planners don’t have the right to tell them otherwise. … The podcast also addresses the nature of economic competition in capitalism, which Palmer described as “constructive, peaceful cooperation.” … On the rich, who are often criticized for exploiting others under capitalism, Palmer said that in the past and in legally under-developed countries today, rich people almost always became rich by taking or through cronyism. But under capitalism, people become rich by creating and producing, satisfying the needs and desires of others. … Click below to listen to Palmer in this 11 minute podcast.

Tagged as: Capitalism, Free markets, Kansas Policy Institute, Sam Brownback, Subsidy, Wichita Pachyderm Club

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In Wichita, Southfork TIF is politics, and therefore should be rejected

by Bob Weeks on January 2, 2012

Last month the Wichita City Council approved the formation of a TIF district in south Wichita. Known as the Southfork TIF District, the developer is Wichitan Jay Maxwell. This week the matter will appear before the Sedgwick County Commission, as it may, under law, decide to veto the formation of the district.

Maxwell himself rarely appears at meetings of governmental agencies, sending his agent Tim Austin of Poe & Associates, Inc. instead.

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 who is arguing for using the political process to enrich himself and Maxwell. Those such as myself and Americans for Prosperity who oppose government interventions such as this 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, of course, moves society away from markets and civil society and toward the politics that Austin seems to disdain.

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 — as do supporters of TIF districts. They claim that only government — that is, politics — can make things right, at least according to their vision.

The idea that there are two classes of entrepreneurs — market and political — is explained by Helen Cochran in her book review of The Myth of the Robber Barons: A New Look at the Rise of Big Business in America by Burton Folsom. Cochran wrote:

According to Folsom, “political entrepreneurs” are those that seek government/taxpayer subsidy, public private partnerships, protective tariffs, special privileges, etc. Folsom makes a sound case that economic development fueled by political intervention invariably fails and undermines the very ideology it purports to serve.

On the other hand “market entrepreneurs” are those that obtain their successes by producing a product that is better and of more value to the consumer, unbridled by the government controls and restrictions that come with subsidy. No one can argue that it is the market entrepreneurs that create the wealth in this country.

The essence of political entrepreneurship is that Austin and Maxwell find it easier to convince a majority of the Wichita City Council, and now the Sedgwick County Commission, of the superiority of their plans than it is to convince others through the market process. They want to replace the collective knowledge of free people trading voluntarily in markets with the political process — that is, with the judgments of bureaucrats and politicians.

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?

So considering the high-minded goals of politicians and bureaucrats, 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 TIF district

In a document prepared for Sedgwick County Commissioners by the county’s Finance Division, this TIF district is analyzed.

One startling conclusion: “The Southfork area qualifies for TIF funding because most of the land is in a flood plain, and while action is being taken to reduce the magnitude of this problem most of the land will remain in a flood plain after those actions are completed.” (emphasis added)

In other words, one of the “noble” actions of the developer — fixing a flooded area — is exposed for what it is.

Another conclusion of the analysis is that the “Proposed project is economically feasible without county funding support.” In other words, the TIF district is not financially necessary.

Then: “Proposed private equity funding is insufficient to effect default risk.”

Finally: “Costs to county government are greater than benefits to county government. If, as appears possible based on the financial projections provided for county review, the project is financially feasible without TIF funding, then a substantial cost to county government is the property tax revenue diverted unnecessarily to the project.”

This directly contradicts the claims that most TIF supporters make: That TIF is without cost. Randal O’Toole and others have shown the many ways in which TIF does have a great cost. His essay “TIF is not free money” may be read as part of my article Tax increment financing: TIF has a cost.

This particular applicant

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

Tagged as: Economic development, Economics, Entrepreneurship, Sedgwick county government, Subsidy, Tax increment financing, TIF districts, Wichita city council

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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.

Tagged as: Economic development, Economics, Greater Wichita Economic Development Coalition, Subsidy, Tax abatements, Wichita city government

Subsidy

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End the Economic Development Administration — Now

Two paths for developer taxes

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This particular applicant

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