Voice For Liberty

Tag: Wichita city council

  • “Thank You, Wichita Eagle”

    Mustering all the sarcasm she can, Sharon Fearey says “Thank you, Wichita Eagle.”

    Speaking from the bench at the December 16, 2008 meeting of the Wichita City Council, she’s referring to reporting that newspaper did that uncovered problems in the past of the person referred to as the principal developer of a project.

    Wichita city council member Fearey simply does not understand the concerns of the citizens of Wichita. Combined with her tasteless joke a few weeks ago (see Sharon Fearey’s Bad Joke for video), Wichitans can be thankful that term limits are bringing an end to her time on the city council.

    I and most of the citizens of Wichita are truly thankful for the reporting the Wichita Eagle has done on this matter.

  • Wichita City Council: Put better procedures in place before proceeding

    Remarks that may be delivered to the Wichita City Council at its meeting today.

    Update from city council chambers: The proposal has been withdrawn for now, so I won’t be delivering these remarks.

    Mr. Mayor and members of the council, developments surrounding the Renaissance Square project in the C.O.R.E. Redevelopment District are unfolding so rapidly that we need to step back and think about the wisdom of proceeding with the current plans. As things stand now, citizens can have little confidence in this project and the way the city has handled it.

    For example, we’re told that a new entity, Joel Associates, LLC, has been formed to develop this project. Now, what type of investigation has been performed on this new corporation? Do we have its financial statements, and statements for its principals? Does this corporation or its principals have the financial resources to back up the guaranty the city asks them to provide? How much did Joel Associates, LLC pay Grant Gaudreau for his ownership interest in ICDC, LLC?

    I would submit that a little shuffling of the ownership structure of the project is hardly assurance to Wichitans that this project is on the up-and-up. Further, what does it say about the judgment and the business acumen of the remaining owners if they thought Mr. Gaudreau’s past would not be uncovered, or when uncovered, would not be perceived as a problem?

    Mr. Mayor, members of the council, we have a problem. A noted journalist said this on a public affairs television program last week regarding this project: “This is a project the city has been working on for years, and it was absolutely astonishing to me that in a relatively short period of time I was able to come up with something — I mean, they have a development department, they have a legal department, they have a police department, they have two ex-investigative reporters on staff. So why this came to light literally on the day of the vote was just astonishing to me.”

    Reporting in the Wichita Eagle makes it clear that the City of Wichita does not have procedures in place to protect the interests of its citizens. It appears that a citizen wanting to finance an automobile or obtain a credit card is scrutinized more closely than are potential city business partners. Worse, it appears that the city is willing to enter into agreements and extend millions in financing to people who couldn’t get an automobile loan or a credit card. This does not qualify as stewardship of citizens’ resources.

    So now the ownership of the business entity behind this project has been restructured to eliminate the developer whose past problems lead to delay. But there’s still a taint on this project. Citizen confidence has evaporated.

    As reporting in the Wichita Eagle and my own investigation has revealed, there is no credit available for projects like this. Even if the city council were to approve this project this week, it would likely be some time before the project gets moving.

    Time is not of the essence. Let’s wait before proceeding. Given the confusion at Wichita city hall that the Wichita Eagle has reported, citizens can have no confidence in proceeding with any projects like this until better procedures are put in place. Then, we’re not going to take city staff’s word that these procedures are in place, as recent events give us little confidence in its capabilities or judgment. We’ll need some independent confirmation that city staff and council members are to be trusted in matters such as these.

  • Wichita Public Hearing Action Not Evidence of Leadership

    In an op-ed piece in Sunday’s Wichita Eagle, Interim Wichita City Manager Scott Moore makes the case that “the [Wichita city] council’s Dec. 2 vote demonstrated leadership and an ability to respond decisively to urgent community matters after appropriate public deliberations.” (Scott Moore: TIF Parking Change Showed Leadership, December 15, 2008)

    Mr. Moore explains the problems with the public hearing that was held on December 2: “However, because of the holiday closure, the revisions did not reach council members until Monday afternoon, Dec. 1, the day before the public hearing. Better staff follow-up during the holiday break would have provided better public notification.”

    The revisions referred to are the addition of up to $10 million in TIF funding for parking. To add some precision to Mr. Moore’s accounting, these revisions appeared on the city’s website sometime after 4:30 p.m. This was on the same day that the first version appeared. If someone fetches a document at noon, should they also have to check again later that day to see if the document has been updated? I didn’t. It appears that Wichita Eagle reporters and other news media didn’t either. Why would they?

    As Mr. Moore explains earlier in his piece: “Nonetheless, city staff should have revised all documents appropriately so that the correct items could have been submitted to the council and the media and posted at the Web site www.wichita.gov for the public.” Also: “Although the process could have been conducted more openly …”

    Mr. Moore and Wichita Eagle editorial writer Rhonda Holman agree that there were defects in the public hearing. (See The Process Should Be Most Important for analysis.) But Mr. Moore goes farther and actually praises Wichita city leaders for their leadership.

    This is not leadership. Leaders own their mistakes and accept their consequences. Mr. Moore acknowledges city officials made mistakes, but he and other city officials and council members will not accept ownership. They will not accept the consequences of their mistakes.

    Leadership at the December 2, 2008 meeting would have meant city staff or council members apologizing to the public for the last-minute changes to the plan and the defective notice. Leadership would have required a council member making a motion to delay the public hearing until citizens receive proper notice of the actual contents of the plan. Leadership would have required unanimous consent to this motion.

    Except for council member Jim Skelton’s questioning, none of these leadership actions took place. Therefore, I must disagree with Mr. Moore’s characterization of city staff and council members as leaders.

  • No Diligence in Wichita City Hall

    Rhonda Holman’s Wichita Eagle editorial today (Need vetting of City Hall partners) correctly states that city staff “missed the mark in vetting negotiator Grant Gaudreau.” Or is the proper title “principal developer,” as stated by Wichita’s director of urban development Allen Bell? (See Wichita’s Faulty Due Diligence for video.)

    There’s a lot of confusion over this matter, and times like this let us get a closer look at what’s going on in city hall. We can also learn a lot about the attitudes of government officials and city staff. For example, a Wichita Eagle news story reported this:

    “Grant was never a big money player in this,” Fearey said. “He’s always just been the person who had time to come to the city and work through things and also knew a lot about who to go to in the city and how to work the system.”

    First, note the disparity between Allen Bell’s “principal developer” and Wichita city council member Sharon Fearey’s “never a big money player.” But what’s really troubling is that Fearey acknowledges that there’s a “system” at city hall that someone knows “how to work.” This doesn’t say a lot for openness and transparency in Wichita city government. It also perpetuates the realization that there’s a network of insiders who know how to milk the halls of government power for their own benefit.

    Then, the Eagle news story contains this: “[Wichita Mayor Carl] Brewer said he wants to ensure that developers can complete the project in a reasonable time and that there are no other problems.” If our mayor can figure out some way to eliminate the risks that entrepreneurs take, more power to him. If successful, I might consider voting for him, should he decide to run for re-election.

    The fact is, however, that real estate development is a tremendously risky endeavor. Entrepreneurs — people with their own money at stake, with their ears to the ground every day and the experience, power, and discretion to alter plans as the situation dictates — are the people best suited to assume and negotiate this risk. Politicians operate in a different environment with a different set of incentives.

  • Wichita’s Faulty Due Diligence

    In the Wichita city council meeting on December 2, 2008, council member Jim Skelton questioned Allen Bell, Wichita’s director of urban development, about developers the city is considering working with on a TIF district. Specifically, Skelton asked if there was anything in the backgound of the developers that the council should be concerned about. Bell referred specifically to Grant Gaudreau, naming him as the “principal developer.” He said that the matters in Gaudreau’s past had been “resolved,” and had “no bearing” on this project. Video is available below.

    According to Wichita Eagle reporting in the story 35 suits in developer’s past, Gaudreau’s past problems include bankruptcy and lawsuits regarding bounced checks and nonpaid bills. The bankruptcy is not troubling to me, as many entrepreneurs suffer through this as part of their acceptance of risk. Bounced checks at the grocery store and pet clinic, plus a recent auto repossession, are troubling. If someone won’t make good the checks they write at the grocery store, that’s a problem. The city should not partner with such a person.

    Further, the Eagle story reports that the developer has an outstanding warrant for unpaid taxes in a neighboring county. That would contradict Mr. Bell’s claim that matters have been resolved.

    Here’s the problem I have, and I think many citizens share this concern: Either Allen Bell and city staff didn’t know of all these things in Gaudreau’s past, or they knew about them but didn’t think they were a problem. The first case tells us that Mr. Bell’s office is not doing a thorough job. The second case tells us that Mr. Bell’s judgment does not reflect the concerns of the citizens of Wichita. In either case, there’s a problem at city hall.

  • Wichita and Sedgwick County Agenda Deadlines Are Too Short

    Both the City of Wichita and Sedgwick County have policies that limit citizens’ ability to address these bodies on timely matters. Each body requires, effectively, at least one week notice to appear on the public agenda. That’s the part of the meeting where citizens can speak about any topic, not just those matters that are being considered that day.

    Here’s an example of how these restrictive deadlines work against citizens. On December 2, John Todd and I spoke at the Wichita city council meeting, as part of a public hearing. As shown in the posts Wichita TIF Public Hearing Was Bait and Switch and Randy Brown: Reopen Downtown Wichita Arena TIF Public Hearing, the public hearing was defective. Further, there’s a time factor involved, in that the city council set in motion a process that must be resolved within 30 days. With the upcoming holidays, time is tight.

    So John called the Wichita city clerk, but we can’t get on the agenda for the next city council meeting. By the time we can get on the agenda, it’s nearly too late for the council to take the action we’d like to ask of them.

    A reasonable policy is this: When something happens in a meeting one week, there should be time for citizens to get on the public agenda for the next meeting.

    The policy of the Wichita City Council is “Members of the public desiring to present matters to the council on the public agenda must submit a request in writing to the office of the city manager prior to twelve noon on the Tuesday preceding the council meeting.”

    For Sedgwick County, I wasn’t able to find a policy on its website, but while watching today’s commission meeting on television, chairman Winters asked the public to contact the county manager’s office “at least a week or ten days before our meeting” if they wanted to address the commission.

    Note: when an item is on the agenda, citizens usually get to speak about the item. The public agenda is where citizens can speak about items that may or may not be on the meeting’s agenda.

  • Letters to Wichita City Council and Sedgwick County Commission Regarding Downtown Wichita TIF District

    John Todd has prepared letters that we hope will influence local governments regarding the downtown Wichita TIF district. One, to the Wichita City Council, asks them to conduct a proper public hearing. A second letter to the Sedgwick County Commissioners asks them to not consider passing this TIF district until Wichita conducts a proper public hearing. A third is a letter to the Wichita Eagle explaining citizens’ concerns.

    If you’d like to sign these letters, please contact John Todd at john@johntodd.net. Here’s the one to the Wichita City Council:

    Mayor Carl Brewer
    Wichita City Council Members
    Wichita City Hall
    Wichita, Kansas

    Subject: Citizens request for a new and open City Council public hearing before implementing the Center City South Redevelopment TIF District, commonly known as the downtown Wichita arena TIF district.

    The December 2, 2008 public hearing as conducted by the Wichita City Council concerning the expansion of the Center City South Redevelopment TIF District was not a true and meaningful public hearing. Therefore, we ask that you withdraw the proposal until a proper public hearing can be held before the City Council. This issue needs to be sent to the District Advisory Boards (DAB) for their review. Wichita citizens in general and DAB boards both need all the details and a complete cost analysis for this TIF district scheme.

    Let me refer you to Randy Brown’s letter in the Eagle (see “Reopen TIF issue” Dec. 7), referring to Bob Weeks’ letter in the Eagle (see “TIF public hearing was bait and switch” Dec. 5) that hit the nail on the head by saying, “conducting the public’s business in secret causes citizens to lose respect for government officials and corrupts the process of democracy.” Brown further states, “… we (the people) had a mockery of the public hearing process rather than an open and transparent discussion of a contentious public issue. The Wichita officials involved should publicly apologize, and the issue should be reopened. And this time, the public should be properly notified.”

    The citizens of this community deserve open, honest, and transparent government. The Wichita City Council needs to hold a new and open public hearing on this issue before proceeding with the implementation of this project.

  • Randy Brown: Reopen Downtown Wichita Arena TIF Public Hearing

    In a letter in yesterday’s Wichita Eagle, Randy Brown comments on my recent op-ed piece in the same newspaper. He is senior fellow at the Elliott School of Communication at Wichita State University, and also the executive director of the Kansas Sunshine Coalition for Open Government. He’s done a lot to promote openness and transparency in government. His experience as an editorial writer for the Wichita Eagle shows in his use of vividly descriptive language like “under cover of Monday evening’s darkness” and “aggravated assault on its spirit.” I wish I could write like that.

    Here’s Randy’s letter:

    Reopen TIF issue

    I’m fairly well acquainted with Bob Weeks, our extraconservative government watchdog. It’s fair to say that I agree with Weeks no more than one time in every 20 issues. But that one time is crucial to our democracy.

    Weeks is dead-on target when he says that conducting the public’s business in secret causes citizens to lose respect for government officials and corrupts the process of democracy (“TIF public hearing was bait and switch,” Dec. 5 Opinion). And that’s what happened when significant 11th-hour changes to the already controversial and questionable tax-increment financing plan for the downtown arena neighborhood were sneaked onto the Wichita City Council’s Tuesday agenda, essentially under cover of Monday evening’s darkness.

    This may not have been a technical violation of the Kansas Open Meetings Act, but it was an aggravated assault on its spirit. Among other transgressions, we had a mockery of the public hearing process rather than an open and transparent discussion of a contentious public issue.

    The Wichita officials involved should publicly apologize, and the issue should be reopened. And this time, the public should be properly notified.

    Randy Brown
    Executive director
    Kansas Sunshine Coalition for Open Government
    Wichita

  • Sharon Fearey’s Bad Joke

    At the Tuesday December 2, 2008 meeting of the Wichita City Council, a property owner was present. This man, owner of the Nifty Nut House, a popular store for nuts and treats, was in front of the council when council member Sharon Fearey asked this question:

    “Do we all get free nuts or anything?”

    (Laughter from the council and audience.)

    “Just kidding! You can’t buy our vote!”

    It’s troubling to me when elected officials think things like this are funny. Why was she even thinking of this? The Nifty Nut House has great products. I was thinking about them as I sat in the audience at this meeting. But why did council member Sharon Fearey think it would be funny to suggest that the council members get free nuts?

    Incidents like this are why citizens have a poor attitude towards government and its officials.