Decision Process

For weeks, the Crestpointe proposal has been in the local newspapers; it even made the Knoxville TV news once or twice (due to the petition controversy, not the decision itself).  Although there’s been no announcement from the election commission yet that the required number of signatures was certified, I can hardly believe it would be otherwise at this point.

So, it is almost certain that there will be a referendum on June 5.

I’ve attended one Council meeting and several presentations on the project, and I support it.  Some folks have come out against it for various reasons: some because of the need for City assistance, others because of the location.  However, I’m quite certain that there are a number of people — a majority, perhaps — who haven’t made a decision on whether they will support or oppose the measure in the referendum.

If you are among the undecided, what information do you need to make up your mind, how do you plan to get it, and when?

3,000 Signatures

The 3,000 signatures are all the talk today: AT‘s lit up with a righteous lecture on the workings of a representative democracy, while Daco steadfastly defends the petitioners’ right to petition, even while disagreeing with their wish to do so.

Both are absolutely correct.

Yes, we have a right to petition for a referendum on general obligation borrowing in Tennessee. That’s an important right, because it’s a final check-and-balance against an elected body over-obligating the citizenry, well beyond the terms of elected office.

At the same time, it’s possible to over-exercise that right (as well as any one of many others) and develop a reputation that isn’t at all aligned with the image we’d like to present to the world. Just in the last four or so years, we had the mall referendum, the charter referendum, the high school referendum, and now this.

The mall referendum was over a $23.2M note, and failed. It had been a while since the charter was updated and was time to do so, but make no mistake — the whole drive for a charter commission came from the same folks who were upset about the whole mall referendum, with a good bit of the discussion centering on things like a TABOR and such. The high school referendum was called by City Council simply by virtue of the sales tax increase requested to pay the note; $55M is a whole lot of money, spread over a long time. It needed to pass, and it did (thank you).

The current proposal is much smaller, with a maximum proposed borrowing at about $6M. Some members of City staff think they might be able to get it down to as little as $3M. The return on investment, while not a jackpot, is solid. The benefits to the schools and to citizens would be immediate.

So yes, it’s within any citizen’s right to call for a referendum on the general obligation note, but I think it’s petty and small-minded. I also remain convinced that the whole opposition movement is less about the debt than lingering resentment about the site itself… many of the key players are the same ones who objected to the initial development several years ago.

As a community, I think most of us recognize that we need to broaden our tax base. Most understand that sales taxes are a part of that (although many do not understand how much sales taxes in particular directly benefit education). What I’m afraid most people do NOT realize is, if we don’t turn around our sales tax deficit quickly, property taxes will have to rise or services will have to be cut.

Many of the same people carrying petitions today will object vehemently, but property tax increases levied by local government are not subject to referendum. So, the tax increase will pass. Residents will be unhappy, and continue grousing as they subsidize Knox County Schools and Knox County government while shopping at Turkey Creek, Cedar Bluff, and West Town Mall.

Oak Ridge is just full of smart people; how can we be so stupid?

Disclosure Update

In a post earlier today, I wrote that Raj Jain, one of the vocal critics of the Crestpointe proposal, is employed in some fashion by Oliver Smith Realty, the Knoxville firm that has listed for sale several parcels surrounding Home Depot and National Fitness.

Ellen Smith commented in the previous thread that Raj does not work for Oliver Smith, but has his own company, InteliSim Inc. LLC.

However, upon double-checking my information, I learned that someone named Raj Jain (and matching the physical description of the gentleman who introduced himself to me on Monday) had presented himself as representing Oliver Smith Realty in a meeting with City staff, where the discussion centered on some mini-warehouses and storage facilities proposed by Jain for one of the parcels that Oliver Smith Realty has listed.

It is entirely plausible, therefore, that he is not an employee of Oliver Smith, but it certainly appears that there is an existing business relationship of the nature where he would claim to represent the company before City staff.

The proposal has not come before the Planning Commission, but what is proposed or planned for that property isn’t the point of this thread.  The purpose of this discussion is to determine whether Raj’s motive in pushing for a referendum, and for defeat of the proposed bond issue for Crestpointe, is really one of squeezing out competition rather than looking out for the financial health of the community.

And yes, there is more than one Raj Jain (the most common reference in a Google search is a computer science professor at Washington University in St. Louis); that’s why I asked my source if the physical description I gave matched the fellow linked to Oliver Smith Realty.

Thus, there appears to be some truth worth pursuing in this story.

Survey Debate

The initial post about the survey has generated significant discussion; although it seems very straightforward, Raj seems convinced that the questions should be interpreted differently.

survey question 9

The following questions (10 and 11) are not limited to those who responded “yes” to question 9 — those who indicated that they do most of their non-grocery shopping outside Oak Ridge; it includes people like me, who do most of our shopping in Oak Ridge, but invariably have to go elsewhere for some things that simply cannot be purchased here.

10. “Do you think the proposed shopping center would help Oak Ridge retain more of your shopping that is currently being done in other areas?”

11. “How often do you travel to Knox Co. to go shopping: every day, a few times a week, twice a week, once a week, or less often?”

Even people like me who do MOST of their shopping here might have a valid opinion about whether the proposed center would retain more of their business — in my case, it absolutely would.  Even people like me who do most of their shopping here could provide an answer; in my case, the response to question 11 would be “less often.”

My only doubt about the survey is now knowing that Raj’s house was called twice (because he has several land lines), while mine was not called.

Look, I don’t have any gripe with people who have a different opinion about the project than I do, but I do have a problem with folks trying to mislead others with charts and graphs and obfuscation.  One of the most common difficulties people encounter with math is making something more complex than it really is.  If someone asks you, “what’s half of two-thirds?” you don’t need to find a common denominator, cross multiply, or anything like that; it’s as simple as “what’s half of two?”

Half of two-thirds is one-third, plain and simple, just like half of two is one.

I’d love to know what the survey would have said after people attended the several informational meetings that occurred following the survey, but there simply wasn’t time to wait.  One thing the survey does tell us is that the more information people have about the return on investment, the more likely they are to be in favor of it.

Survey Sez:

The survey sponsored by the League of Women Voters is in.

  • About a third of respondents report doing their non-grocery shopping outside Oak Ridge;
  • Nearly 40% of respondents report traveling to Knox County at least once a week to shop;
  • More than half believe that the new shopping center would allow them to do more shopping locally;
  • Under the condition that City funds committed to the project would be repaid through future tax revenues, respondents are more likely to view the proposal favorably, but remain sharply divided on using City funds to support site development for the shopping center.
  • Under the condition that future tax revenues from the shopping center would assist the local schools, respondents are much more likely to support the proposed C8ty assistance to the project, but still about a third of respondents remain opposed to the idea.
  • Older persons and males are more likely to oppose the City’s financial involvement in the shopping center project.

But, who does the majority of the shopping? Younger people and women, perhaps?

To the question, “if the revenue produced by the shopping center would provide new money for the Oak Ridge Schools, Anderson County Schools, and Clinton City Schools, should the City agree to this request (for $10.5M in City financial assistance), the weighted response was 52% in favor.

Without question, the results are far from the decisive and positive as I had hoped.

Courtesy of the League of Women Voters, you can read the whole thing for yourself.

Get the Facts, Please.

Listening to the parade of speakers at last night’s City Council meeting, I noticed a common thread among the several who spoke in opposition to the project.

Pine Ridge.

Everyone says they’d welcome a SuperTarget, but the opponents tend to be carrying a set of talking points that were circulated by DFET members on their listserv (which I’ve apparently been removed from – I guess I don’t have the right “progressive” credentials).  In short, the environmentalists were enraged with the development of Pine Ridge several years ago, and they’re dead-set against something going up there now, lest the guy who bought it and sunk millions into improvements actually make a buck on the deal.

There’s nothing at all wrong with this group of people stating opposition to something that is contrary to their beliefs — that’s the American way, after all.  However, they are promoting the referendum website, which contains some significant errors:

City officials have talked as though a contract with Target were already signed and a Target was a guaranteed part of the development. This is not the case. The City proposes to subsidize a shopping center developer who will then market his center to Target.

In fact, the City Manager stated quite clearly last night that one of the proposed conditions for release of any funds toward this project is Target’s signature on the purchase contract, with a commitment for a SuperTarget in particular.  Another condition is that the City be provided a list of other tenants who have signed leases for the associated stores — who do not have a current presence in Oak Ridge — showing a long enough lease term to ensure that the City’s investment will have some expectation of return over a long period.

This agreement has not yet been fully developed nor signed by any of the parties, but the fact that there will be such conditions that must be met before any City funds are released is a reasonable assurance upon which to move forward in the negotiations.

Look, I’m one of the folks who got burned by Arnsdorff and his snake-oil promises of mall redevelopment, and as such, view other projects requiring a large municipal investment with a healthy dose of skepticism.  When this one surfaced publicly a few weeks ago, I attended nearly every meeting (public and otherwise); I asked a lot of questions.  I studied the numbers, and weighed it against what else we might use the money for that would generate a better return.

Now, this group is preparing a petition drive to call for a referendum on the $6M general obligation bond issue.   That is their right, certainly, but I don’t think it’s wise.  Of course, they probably realize that a referendum could jeopardize the whole deal (with the option on the land expiring April 15, but June 5 is the soonest possible date that a referendum could be held), and that’s part of their motivation.

I won’t be signing it, and I do hope that the people and the media (Stan, John, Bob — that’s you) are willing to call these folks where there are discrepancies or misinformation being circulated.

For everyone else, don’t trust what someone spoon-feeds you; go to the source.

Liveblogging Council

At the request of Mr. Young, who had requested rezoning of 110A Newell Lane, the rezoning of that property (from R-1-A single-family residential to RG-1 — allowing horses) was removed from the agenda.

The Oak Ridge Boys — Steven Arcangeli, Scott Horton, and Scott Molony, who won the Siemens competition — led the Pledge of Allegiance. They’re on tap to be honored by a Council resolution in a few minutes.

A new ordinance was presented and passed to require a motor vehicle to be properly registered before operation on city streets, and to require that any person operating a motor vehicle have his or her driver’s license in possession, and to display it upon demand of a police officer. I think that’s already law, but by making it a city ordinance, the city can now collect the fines for associated violations.

A resolution approving the City of Oak Ridge "2007 State and Federal Legislative Agenda" was passed. The scope of the legislative agenda is in the Council packet, here. Tom Beehan expressed grave concern about the cable TV franchising proposals, as that could endanger the agreements that currently allow for broadcast of City Council meetings, School Board meetings, and channel 15 (dedicated to the schools) in general.

Next, the item we’ve all been waiting for — a resolution authorizing the City of Oak Ridge to borrow funds in an aggregate principal amount of not to exceed six million dollars through the issuance of General Obligation Bonds. It doesn’t mean that they will borrow those funds — just an authorization to do so should all the stars line up with the GBT/SuperTarget proposal. Jim O’Connor clarifies that the City WILL NOT present any funds toward the project until and unless a contract is signed with Target in particular — as well as the City’s getting the names of the companies that will be co-locating there. Having learned from the Mall fiasco, no money will be released until the City sees the actual contracts with actual tenants, along with a long enough lease term to support a reasonable return on investment.

The City funds will really be a reimbursement, so the site development will actually occur prior to the release of any City funds.

Abbatiello is concerned that the resolution that Council is presented, does not name the particular project. O’Connor explains that further Council approval will be required prior to the release of any funds, but that if another project came forward, the funds could be redirected to any other infrastructure improvements project. Abbatiello says it’s misleading that all the GBT/Crestpointe people are here, but that the resolution isn’t specific to that project.

Abbatiello says he hasn’t decided whether he’s for or against this project (then gee, why does he sound so grumpy?). He says we’re not talking about Crestpointe, not talking about Target, not talking about the map on the screen. Abbatiello says we’re simply talking about whether to go further into debt.

Beehan says he feels like the Target project is the reason we’re here. The financial studies do show there’s good reason to consider this proposal, even at the cost of additional debt. Of course, the financials are all estimates, but they’re very good estimates — industry standards, not something that GBT made up. Further, the TVA study shows leakage of $20M going outside of town to shop now.

Our whole economy inside of Oak Ridge is heavily reliant on others in our region; just look at the license plates on cars at Wal-Mart, at Methodist Medical Center, etc.

Beehan asks why this development is not taking place at the Mall. O’Connor says they’ve looked at the Mall, at the old Food City shopping center on Illinois, at a site on Edgemoor Road, and on the east end of Oak Ridge. The Mall is impractical because of the deed restrictions; Edgemoor Road because of the wetlands; the Food City center is too small (they want complimentary retailers adjoining).

Although Pine Ridge is a difficult (and expensive) site, it’s the only unrestricted 60 acres along Illinois Avenue.

The GBT rep (Greg?) clarified that this proposal isn’t only about Target — this is a whole development of upscale retailers. Whee!! Upscale!! I know that doesn’t excite one segment of the population, but there are a whole lot of us out here who might actually buy something not made in China. Some of us actually look at the fiber content and thread count of sheets before we buy them. But don’t think it’s a snob thing — the Target circular I read while throwing away junk mail today contained a bunch of real bargains.

Steve Jenkins shows the chart, once again, showing the relationship between sales and property taxes. When sales taxes revenues increase, property taxes decrease. When sales tax revenues decline (as they have for several years), property taxes go up (as they have, or services were cut).

Jerry Kuhaida (former Mayor) finds the resolution confusing. O’Connor clarifies that a second resolution will be presented to Council on March 19, authorizing disbursement of up to $10.5M to the IDB to further this project. Even if this resolution passes tonight, additional resolutions will be required.

Steve Jenkins says we don’t anticipate actually borrowing any money until much further in the process; we don’t want to begin paying interest any sooner than we have to. We have our own reserves, so we’ll be using those funds before borrowing anything.

Fred Stephens says he hopes we do get a Target here, but he doesn’t think we have to do it right now — they should be able to proceed and give us time to solicit some assistance from the County. He thinks it’s too much money, and we can get a better deal. Stephens also asks why National Fitness Center’s property tax is lower than projected, and how we could be that far off from last August.

The answer to the first question is that getting into Target’s decision queue is driving the time frame. On the issue of assessed value vs. development cost, the property value is driven by a State formula, which incorporates values of like properties all over Anderson County. Unfortunately, it doesn’t matter what they invest — in assessing retail property, it’s based more on comparables than on actual investments. However, this development will drive up the assessed value of all retail property in the county.

This meeting is going very long, already. It’s about 90 degrees in the Council room. Wish I had an iced cappuccino.

Emily Wetsel speaks next, complaining that the resolution is nonspecific — for "infrastructure development" — when we all know we’re talking about the Crestpointe development. She accuses the City of getting it’s financial information from Target, complains about the impact on her neighborhood (Woodland), traffic, etc. She wants an opinion from someone who’s unbiased, obviously still angry about the "scalped" ridge.

Mayor Bradshaw clarifies that the State requirements for a municipal bond resolution are very specific, and this resolution is structured in accordance with State law.

Tim Holt speaks next, spouting the same stuff as before — sounds very much like DFET (Democracy for East Tennessee) has structured their talking points and lined up their speakers. It’s been going around on their listserv already.
Bill Schamm, the guy who promised a referendum, comes next. He decries a public subsidy for a private corporation. He wants Council to call for the referendum (so he doesn’t have to put on the petition drive).

Francis Colvais sees this as another opportunity, and says he hopes that we don’t lose it. Finally! "I don’t view this as a rush; there’s been a lot of work put into this. It’s already flattened — let’s put it to good use."

Ellen Smith, Council Candidate, urges Council to defer the vote in order to consider the borrowing resolution in conjunction with the development proposal. She feels this is the wrong proposal for Oak Ridge, in spite of the pent-up need for additional retail. She says this proposal isn’t about Target, and thinks we can bring Target here on our own terms.

Glenn Zahn says he’s "very for" this process going forward, that it is the right thing to do. As the owner of a staffing company, he sees the inability or delay in making decisions as being a detriment to a business owner. He asks about the potential for getting the County to contribute, and Mayor Bradshaw announced that they plan to participate in a work session next Tuesday on this very topic. However, the Mayor clarifies that we’re already capturing 75% of what would be County property taxes to defray the bond issue, but they may be able to do more.

Parker Hardy, as President of the Chamber of Commerce, tells of working with GBT over several years, engaged in a site search involving a variety of possible locations. Oak Ridge is in the third year of declining sales, a 5.9% actual loss is spendable dollars for Oak Ridge. It’s reasonable to assume that this development would recapture some of the sales tax leakage, and he urges Council to move forward.

Chris Wieland urges Council to slow down and re-think funding this process, pointing out the current vacant retail areas.

Ray Garrett supports the idea of subsidies or support for retail development. Although he’s not certain that the present proposal is the right one, he does ask Council to go forward with the bond resolution and do something… maybe buy the mall and lease it out at the minimum rate in order to get retail in. Another thought is to buy the property along Illinois where there used to be a sawmill, a driving range (and a dump before that).

Jim Cape points out that just a few years ago, he thought that Home Depot would be a dumb idea. He was wrong. The second critique he’s heard is that of geology, but Home Depot overcame that problem. The third concern he’s heard is the $10.5M, but this isn’t a housing development — it’s retail, generating money for schools and city services. "I think you’re voting for the future, and we need it very much."

Thomas Tucker insists that people from Solway and Hardin Valley are NOT going to come into Oak Ridge, because the traffic is too heavy (he lived in Solway for 16 years). He claims that the "real cost is $21M, not ten and a half."

Elizabeth Davis says her family came here for the schools, and found what they were looking for. The growth in Oak Ridge is "heartwarming." Oak Ridge is a "little southern," moving at a slower pace. She expresses her gratitude for the Council’s work on this project, and urges them to move forward.

* * *

Bradshaw: the actual assessed property value is up 20% since 2000, and the tax rate was reduced 7 cents. We’re no longer at the top of the list in property tax rates. However, operational funding for our schools is a continuing issue, as well as the expressed dissatisfaction with our lack of shopping opportunity. Because school funding is so closely tied to sales tax revenues, our lack of retail is hurting the City and the schools. We’ve got to re-learn our shopping habits.

We’ve got to be serious and reverse this trend.

THE VOTE: PASSES UNANIMOUSLY!!!!

First Big Hurdle Tonight:

TargetOkay, the picture pretty much says it. The City’s said it much more precisely, but the deal is that a Super Target and associated stores could be reasonably expected to generate about $60M in sales in Oak Ridge.

That’s a lot of money for our schools, but it’s about more than money. It’s about making our town more desirable, both for ourselves, and for others who may be moving into the area.

As AT said so well, we have to shop somewhere, and what we have locally clearly isn’t enough.

Here’s hoping that City Council says AYE to the first step in this process tonight.

I recognize that means there will likely be a petition drive for a referendum, and I don’t know whether GBT and Target would stick it out until June 5.  They’ve already invested a lot of time and money, which it seems would go to waste for naught if they walked away.

Trouble is, their option on the land expires on April 15.

I’d rather have no referendum, but if we must, I hope at least to retain hope of this development going forward.

Monday’s Meetings

City Council Work Session

The Oak Ridge City Council held a work session at 5:30 with a formal presentation on the proposed SuperTarget shopping center atop Pine Ridge. Steve Jenkins’ powerpoint presentation is up on the City’s website, with a lot of really useful information about the expected impact, best and worst case scenarios, etc.

The President of GBT was on hand, saying that he doesn’t “go looking for mountaintops to build on,” and that the number of times they’ve asked for City assistance is very few — four, to be exact.

City Manager Jim O’Connor spoke at the beginning, noting that the City has already received some feedback. He reminded everyone that the City does not own the mall, and that the Wal-Mart covenants (along with those held by Sears, JCPenney, Belk, and Goody’s) are fairly restrictive, and wouldn’t allow for a Target in the mall area that most of us know as “Downtown.” That makes me think that most of the comments so far have been along the lines of “yes, we want a Target and associated shops, but we want it in the middle of town.”

Me too. But it doesn’t work that way.

Willie Golden raised a valid question: when Clinton was recruiting Aisan Automotive (what he referred to as “Asian,” but others pronounce as “I-san”), we, along with Anderson County, stepped up on short notice to help with incentives… even though the benefit to Oak Ridge was sort of minimal. It doesn’t seem unreasonable that Clinton and Anderson County — both of whom benefit financially, the County most of all — might step in and help with the $10M for this project.

An informal public information session has been scheduled for Monday, February 5, 5-7 p.m., in the multipurpose room of the Central Services Complex. Read through the presentation, and show up with any questions you may have.

* * *

School Board

At last night’s School Board meeting, the new attendance policy (the 8th revision, I think, and at least the third to come to the Board) was approved on second reading, contingent upon revisions to the accompanying administrative bulletin.  My concerns with the original proposal were addressed to a great extent, although I will be paying attention to the implementation to make sure that we have not created inadvertent consequences. It’s part of the art of compromise.

The other item of significance was that we approved a calendar change for Oak Ridge High School, so that students will finish one week earlier (May 18 for seniors; May 25 for 9th-11th grades). THIS DOES NOT APPLY TO ELEMENTARY OR MIDDLE SCHOOL STUDENTS — only the high school, for construction purposes… so if you have younger kids, don’t plan a vacation before June 1 (except for Spring Break, of course).

We’ll still be in compliance with State regulations regarding the number of days and hours of school, but if we should have more than two snow days, we could have a problem.

Let’s hope that both work out as planned.