Tuesday, January 31, 2006

NRA loses on conceal carry

The National Rifle Association and its surrogates in the Wisconsin State Legislature failed again to override Jim Doyle's veto of the conceal carry bill. They needed 66 votes to override and they got 64. Democrats John Steinbrink and Terry Van Akkeren, both of whom voted for the conceal carry bill in December and were targeted by NRA print and radio ads, voted to sustain Doyle's veto. They deserve much credit for refusing to give in to the NRA. You can send them email Thank Yous at rep.steinbrink@legis.state.wi.us and rep.vanakkeren@legis.state.wi.us.

"Conservative" bloggers Boots and Sabers think Steinbrink and Van Akkeren have ended their political careers: "My wife just said, 'These two representatives just hopped off the lifeboat of job security in order to have one last drink in the bar of the Titanic.' How true. " Someone should remind them that Rep. Gary Sherman's (D-Port Wing) doom was predicted in February of 2004 when he voted to sustain Doyle's conceal carry veto, yet the voters returned him to office in November of that year.

Earlier today the Oshkosh Northwestern's Jim Fitzhenry wondered if Rep. Gregg Underheim, now that he is not seeking re-election, might break free of the Republican party bosses and vote against overriding a bill that Fitzhenry doesn't "think he supports deep down inside." Looks like Gregg will stand with the bosses until the end of his term.

TIF: Giving Away the Store to Get a Store

As a general rule, when elected officials, bureaucrats, and the corporate press get guarded and defensive about some program, there's probably something wrong with that program. The best example is Tax Incremental Financing (TIF). In Oshkosh, criticisms of TIF can actually get a person red-baited. Back in June of 2002 the Oshkosh Northwestern editorial board picked on unnamed TIF critics whose criticisms were said to be "something like what Fidel Castro might be spouting on a parade espousing the value of communism in Cuba."

When it comes to TIF, municipal officials tend to use a kind of Big Lie technique to get public acquiescence. That is, they just keep repeating the same talking points over and over and over again until they become ingrained in the public memory: "Development would not happen without TIF," "TIF is the only economic development tool we have," "TIF expands the tax base," "TIF creates jobs," etc.

A growing number of citizen activists and public interest advocates are looking more closely at TIF programs. What they are finding shreds the myth of TIF as a cost-free economic development tool.

The January 2006 edition of Reason Magazine includes a must-read piece by Daniel McGraw for anyone interested in understanding the real costs of TIF. He says in part:

Largely because it promises something for nothing—an economic stimulus in exchange for tax revenue that otherwise would not materialize—this tool is becoming increasingly popular across the country . . . Although politicians portray TIFs as a great way to boost the local economy, there are hidden costs they don’t want taxpayers to know about. Cities generally assume they are not really giving anything up because the forgone tax revenue would not have been available in the absence of the development generated by the TIF. That assumption is often wrong.

“There is always this expectation with TIFs that the economic growth is a way to create jobs and grow the economy, but then push the costs across the public spectrum,” says Greg LeRoy, author of The Great American Jobs Scam: Corporate Tax Dodging and the Myth of Job Creation. “But what is missing here is that the cost of developing private business has some public costs. Road and sewers and schools are public costs that come from growth.” Unless spending is cut—and if a TIF really does generate economic growth, spending is likely to rise, as the local population grows—the burden of paying for these services will be shifted to other taxpayers. Adding insult to injury, those taxpayers may include small businesses facing competition from well-connected chains that enjoy TIF-related tax breaks. In effect, a TIF subsidizes big businesses at the expense of less politically influential competitors and ordinary citizens.

In March of 2003 Sean Fitzgerald (publisher of Lake Winnebago B2B) and I had a debate about TIF in the pages of his magazine. The essays are no longer on-line, but in mine I argued that due to the fact that TIFs now more often than not are used in a way that deviates from the intention of the original state law, the state of Wisconsin needs to place a moratorium on the creation of all new TIF districts. A moratorium would allow for the Legislative Fiscal Bureau, Department of Administration, or other agency the time to research the actual costs of TIF (not just the costs reported by municipal planning departments that have an interest in TIF creation) and make recommendations as to how to end abuses of the program.

Additional TIF Resources:

Wisconsin Becoming More Unequal

According to the nonpartisan Center on Wisconsin Strategy:

The gap between high-income and low-income families in Wisconsin has grown dramatically. A new report published jointly by COWS and the Wisconsin Council on Children and Families shows that over the past twenty years (1982-2003) the average income of the bottom fifth of families grew only 14.3% ($2,519) while the income of top fifth grew 48.2% ($36,000) over the same period. The difference in income growth for the top 5% of Wisconsinites is even more impressive; that grew over 67% for the same period. It is not only the poor who failed to share in claimed national prosperity; middle income families saw their income rise only 23.4% ($9,343) over the past twenty years, showing that it is not only the gap between the rich and poor that is growing but also the gap between Wisconsin’s middle and upper income families.

You can read the full report here.

Monday, January 30, 2006

Kunstler on Dubya' as Louis XVI

In his weekly blog, the always irreverent James Howard Kunstler argues insightfully that President Bush's opponents spend too much time in fruitless hand-wringing over the prez's potential to usher in a era of fascist despotism. The prez for Kunstler is like a Louis XVI ushering in an era when all of America's institutions of power have lost legitimacy. Kunstler suggests in Walt Kelly Pogo-ish fashion that we have met the enemy, and he is us:

"But if the American public becomes subject to political despotism in the years ahead, it will come from somebody other than Bush and it will come because the public will demand it. The American public itself has been so grossly passive, complacent, and irresponsible in its raptures of credit-card shopping, infotainment, and easy motoring, that when our society runs into trouble due to the things we have ignored, the public will beg to pushed around, they will crave to be directed toward some purposeful action to save their asses."

I had an opportunity to interview Kunstler for almost an hour on Radio Commentary. You can access that interview here.

Sunday, January 29, 2006

Appleton Condos Slow To Fill Up

According to the Sunday Post-Crescent, Appleton's $21 million downtown Richmond Terrace condo development is at 44 percent occupancy. The city's economic development director is quoted as saying that "the absorption rate has been dramatically slower than what they anticipated."

Oshkosh officials are notorious for ignoring or downplaying activities going on in other communities when those activities challenge the Oshkosh way of doing things, but common sense should tell them that if a $21 million condo development in a city (Appleton) with a fairly thriving downtown is having troubles, things probably won't be much better for the $60 million Joan Rivers Resort.

Meanwhile our faithful servant Silence Dogwood has something to say about vacant buildings and high grocery prices in Neenah, and is right on when it comes to those annoying "key cards."

Guess who

Guess who said this:

"Today, I believe our country is in greater danger than at any other time in its existence. Our ruthless disregard for the rights of other nations . . . is earning us animosity throughout the world. And all of us will continue to be partly responsible until we can bring this madnes to an end. If each of us will voice his displeasure now . . . we will eventually make an impression on the officials who are leading us step by step to destruction."

Michael Moore announcing his latest Bush Bash? Russ Feingold positioning himself to the left of Hillary in anticipation of the '08 primaries? Some Republican weasel trying to deflect attention from the Abramoff scandals?

Good guesses all, but the quote actually comes from a 1966 essay called "A Psychiatric View of the Cold War" (I don't think it's online) written by the famous pediatrician Benjamin Spock, M.D. The essay appeared in the May-June 1966 issue of controversial publisher Ralph Ginzburg's magazine called FACT.

The same issue includes an interview, "According to Spock," in which the late baby doctor says of LBJ's Vietnam policy:

"The Johnson Administration is acting like a 1-year old child having a prolonged temper tantrum. It can't have what it wants. But instead of asking itself why, it lashes out at a small country that has never done us any harm, and kills our own men in the process."

Spock's quotes help us to see that as bad as American foreign policy has become under George W. Bush, we shouldn't fall into the trap of believing in some kind of mythical, nostalgic past in the which the US was admired all over the globe. (Although I am quite certain that if Dr. Spock were alive today he would say that if the Johnson Administration was like a 1-year old with a bad temper, the Bush Administration is like an abusive parent.).

One final note about Ginzburg's FACT magazine. The publication long ago went out of print; I stumbled across some 3 or 4 old copies two summers ago in a downtown LaCrosse antique shop where they were literally buried under an old lamp shade. To perplexed looks from the cashier I bought all of them for 2 bucks each and, since my reading list is longer than the list of scandals facing the Doyle Administration, FACT has only recently made it to bathroom reading status.

The magazine had a great subtitle: "An antidote to the timidity and corruption of the American press." We sure need that antidote today.

Saturday, January 28, 2006

Raisin' Hell With Mel

The Radio Commentary interview with former Oshkosh mayor Melanie Bloechl can be found here.

She's at her most rambunctious, throwing verbal grenades in the direction of Julie Pung-Leschke, Gordon Hintz, Polly Briley, Gregg Underheim, Carol Roessler, Meredith Scheuermann, and others. She refused to close the door on the possibility of her running in the Democratic Party primary for the 54th assembly district. She said she'll run as a Democrat for practical reasons and because "The Republicans lie . . . I hold them in great disdain . . . they have proven themselves to not give a rat's patoot about what goes on around here." Fun stuff.

Friday, January 27, 2006

Lennon Zapped Four Weeks Before Primary

With the February 21 Branch Four Circuit Court Judge Primary less than 4 weeks away, candidate Bill Lennon got zapped today by Judge Bruce Schmidt. The Northwestern reports that Lennon, the current Winnebago County District Attorney, had filed a six-count misconduct complaint against Neenah police officer Dan Dringoli. Judge Bruce Schmidt dismissed the complaint, calling it "extremely confusing and extremely convoluted." He also said it contained "omissions and misrepresentations."

Talk about rotten timing. A judge candidate who also happens to be a DA is told by a respected judge--four weeks before a primary--that he made omissions and misrepresentations and filed a confusing and convoluted compaint. No doubt Lennon's primary opponents, court commissioner Karen Seifert and attorney Len Kachinsky, have already added Schmidt to their Christmas Card list.

Cap Times Against Reducing Board Size

The Dane County Board of Supervisors currently has 37 members. Supervisor Dave de Felice wants to reduce it to 19. Today the Madison Capital Times came out against reducing the size of the Board, citing three major reasons: (1) larger districts require more money to win competive elections and thus make elected officials more responsive to special interests than to the grassroots; (2) a smaller Board empowers the executive branch of government; (3) downsizing would make the board less diverse.

Reason #2 on increasing the power of the executive is an interesting one that I had never really thought that much about. Perhaps there is something to it. The 38 member Winnebago County Board has often been accused of rubber-stamping Executive budgets, yet in 2005 the Board found $1.3 million in cuts, enough to avoid implementing County Executive Mark Harris' favored sales tax solution.

Contrast that with the 7 members Oshkosh Common Council, which left City Manager Dick Wollangk's proposed budget essentially untounched. They even gave him floating docks at the same time the rest of us will be paying a new garbage fee.

I think one of the reasons why the Board size debate is so difficult to have is because most people, quite naturally I think based on the way mainstream media reports on government activities, think that "big government" is the same thing as "big legislature." They are not the same thing, and in fact history shows that government gets bigger and more oppressive as the number of elected officials gets smaller.

The most extreme example of course is a dictatorship. There you have no legislature, or perhaps a rubber stamp legislature. Government is therefore very small, highly centralized, and very efficient (Mussolini made the trains run on time), but the people have no meaningful freedoms.

The United States House of Representatives (the branch of the federal government that is supposed to be most responsive to the people) has been stuck at 435 members since 1911. And what have we seen since then? A dramatic increase in the power of the executive branch of government as well as the courts. Today the average House member represents anywhere from 450,000 to 700,000 citizens, which in my opinion makes a mockery of the idea of representative government. Not to mention the fact that most incumbents are there for life if they want the job, and many face no opposition or token opposition each election cycle.

Contrast that with the United Kingdom, which has a population of just under 59 million yet 646 members of the House of Commons. Germany has a population of around 80 million with a 603 member Bundestag (parliament). The United States has a population of about 282 million with a 435 member House of Representatives. Do US citizens get better representation from their relatively small legislature than the British and Germans get from their large parliaments? I don't think anyone can say "yes" to that with a straight face.

I realize that the large Winnebago County Board has too many incumbents who do not face challengers. But it always strikes me as odd that a solution to that problem would be to eliminate the office! A much better solution is for community organizations, schools, political parties, the press and other institutions to take much more responsibility for creating a "civic culture." Someday I'll expand on that--enough rambling for now!

Great Piece on McGovern--By a Conservative

Because establishment political party hacks, flacks, and propagandists have reduced public discussion of politics to a big pile of incumbent protection crap, it's almost impossible to have an intelligent discussion of political ideology. Liberal, Conservative, and Radical have become nothing but political God and Devil terms, reduced to bullet points in pathetic campaign literature. I tried to resuscite these terms last year in a piece for the Valley Scene.

In the latest American Conservative magazine, Bill Kauffman does a wonderful job of showing how former South Dakota Senator and 1972 Democratic Presidential nominee George McGovern--long demonized by the Right and reduced to a peace movement era icon on the Left--is actually misunderstood by both camps. The real McGovern, argues the conservative Kauffman, is best summed up in a quote from biographer Robert Sam Anson:

"To the extent that his vision of life is bounded by certain, immutable values—the importance of family, the dependence on nature, the strength of community, the worth of living things—he is a conservative. He seeks not so much to change America as to restore it, to return it to the earliest days of the Republic, which he believes, naively or not, were fundamentally decent, humane, and just. Like the Populists, he is willing to gamble with radical means to accomplish his end. There remains in him, though, as it remained in the Populists, a lingering distrust of government, a suspicion of bigness in all its forms.”

As described by Kauffman, the liberal McGovern stood and stands not against real conservatives (he admits to admiring Bob Taft and liking Barry Goldwater and Bob Dole), but against the reactionary, arrogant approach to politics and power represented by the Bush Administration neocons. The neocons are a dangerous force that Kauffman realizes should be of worry to real conservatives as much as liberals. Says McGovern of the Bush neocons:

"They have this view that we are so much more powerful than any other country in the world that we need to run the world—none of this business of coexistence. I think that’s just terrible. It’s not conservatism, and it’s not liberalism, either. It’s a new doctrine that I find frightening. If Iraq hadn’t gone sour, there was a whole string of countries they were gonna knock off. That’s not conservatism to me.”

Like all real liberals and real conservatives (and real radicals too), Kauffman's McGovern is not the one-dimensional man constructed by the establishment party hacks and flacks.

Thursday, January 26, 2006

Hentz: Open Letter To Common Council

Just before 4 p.m. this afternoon Cheryl Hentz faxed this letter over to City Hall and requested that it be distributed in tomorrow's packet going out to City Council members.

January 26, 2006

Open Letter to the Mayor William Castle and the Members of the Oshkosh Common Council:

I think we all agree taxes should be paid, whether we like them or agree with them or not. Also, some of you have been outspoken about pursuing those who owe the State of Wisconsin money in unpaid income taxes. I hope that you will also agree that here in Oshkosh we should be just as vigilant and aggressive in collecting unpaid property taxes.

As you may be aware, Ben Ganther and his partners in the 100 block of North Main Street are still more than $100,000 delinquent in paying their 2004 property taxes, despite previous promises to the city and in the media to have the debt paid in full by September of 2005. Clearly, that has not happened, according to the city’s own web site. There also has not been anything paid on the 2005 property taxes for this parcel, just as an aside note.

I don’t need to remind any of you that this property is in a TIF district, so when the taxes don’t get paid, it would make sense to say that we are not getting the TIF paid off either. But whatever the various nuances and mechanics of this are, the simple fact remains that this is a man who is given a lot of business from the city and, many of us believe, a lot of preferential treatment. I want to see that the taxes this city is owed are collected. Therefore I am asking the following of you individually and collectively as a Common Council, representing this community and her people at large:

I would implore you and your fellow council members to (1) see that this delinquency is resolved immediately or instruct the city to file suit against Ben Ganther and his partners in this project for the full outstanding debt they owe, plus interest and penalties and legal costs; (2) to adhere to the city ordinance [Chapter 4, Sec. 4-6(A)] and not issue a liquor license for this property until the past due taxes are paid in full; and finally (3) to bring an immediate halt to the City of Oshkosh doing business with Ganther Construction on projects where any public funds are involved, until such time as his taxes are current. Frankly, I think that is a policy that should be established and maintained, no matter who the contractor is.

This situation is an insult and an outrage and, I believe, that to not honor the above requests would be to thumb the “city council nose” at every decent and hardworking taxpayer in this community. I am asking you to do the right thing. Thank you!

Cheryl Hentz

Melanie Bloechl on Friday Radio Commentary

Former Oshkosh Mayor Melanie Bloechl will be the guest on this Friday's Radio Commentary. The show airs from 6:20 - 7:00 p.m. on WRST 90.3 FM. Radio Commentary is a live call-in show. You can call 424-0444 or 424-3113 to participate. I'll ask Melanie about whether she is still considering a run for the 54th assembly district. We'll also get her take on the common council race, the latest 100 block news, and whatever other issues we have time for. Feel free to post a comment or question for Bloechl here on the blog. Past Radio Commentary shows can be found here. --Tony

100 Block: Tax Deadbeat Timeline

Cheryl Hentz is reporting on the Eye on Oshkosh site that developer Ben Ganther is still way behind on tax payments for the 100 North Main St. apartments. The numbers can be found here and here. I think a little timeline can help us to connect some of the dots connecting development and politics in Oshkosh. It isn't pretty:

*On January 25th, 2005 "Progress Oshkosh" held a $100 per person fundraiser at the home of developer Ben Ganther. Progress Oshkosh/Ganther stood in opposition to "Cobblestoner" candidates critical of many of the city's redevelopment efforts.

*On March 3, 2005 Oshkosh News reported that 100 North Main was in arrears. According to the report: "In a Feb. 22 letter to the city, developer Ben Ganther said the owners of the building would make their first quarter payment to the city by March 15 and clear up the outstanding taxes by Sept. 15." Ganther contacted "some" members of the Council and "some" candidates about the situation (i.e. none of the "Cobblestoners" were kept informed). In responses to the report, then candidate Meredith Scheuermann said:

"It is unfortunate that Ben Ganther has not made his tax payments timely. However, he has made plans to make payment by March 15 and then final payments by September 15, including any penalties and interest charges. I do not believe one misstep should be an indicator for future shortfall. Ben Ganther has made adjustments to his original plan and for that he should be commended. I am confident this situation will be taken care of in a timely manner and should not reflect negatively on future downtown development."

Then candidate Bryan Bain said:

"This is an unfortunate situation that is concerning and should be addressed. However, this one incident should not be used to misrepresent the strides being made in downtown Oshkosh. From what I read in this article, Mr. Ganther has taken appropriate steps to notify city staff of his plan to pay all owed taxes. I encourage him to make public the full payment of taxes to eliminate any public doubt and concern (e.g. another interview with Oshkosh News) . . . Furthermore, I am excited to read that Mr. Ganther plans to announce a new commercial tenant and restaurant for the building. This is good news for downtown and the city of Oshkosh."

On March 16, 2005 Ganther made a $38, 637.41 payment to the city. No payments have been made since.

In April of 2005, all the Ganther endorsed candidates were elected to the Council, spending record amounts of money for Oshkosh Common Council races.

February of 2006: We learn that Ganther has not made a payment since March of 2005.

You connect the dots.

Wednesday, January 25, 2006

UW Oshkosh Prof Calls For Municipal Sales Tax Option

Craig Maher, an assistant professor of Public Administration at UW Oshkosh who also serves on the Wauwatosa Common Council, calls on state government to allow municipalities the option of instituting a sales tax. Maher's sugggestion is the result of his years of research on Wisconsin fiscal policy which identifies problems with the state's shared revenue program and demonstrates the limited options available to local officials to raise revenue.

On the basis of one study of the Chicago metropolitan area, Maher claims that municipalities with multiple revenue options act more efficiently and thus end up lowering taxes. I for one would like to see much more evidence before accepting this claim. On the other hand, Maher sensibly wants local governments to examine their budgeting practices before getting authority to raise revenue from more sources. His experience as a Wauwatosa councilor seems to mirror the experience of many Oshkosh officials:

I believe that before such authority is granted, local governments need to reevaluate their budgeting processes. I have served on Wauwatosa’s Budgeting and Finance Committee for two years now and I can tell you that the process is wanting. What seems to matter the most is tax rates. In fact, tax rates have a tendency to drive the entire process. It is not uncommon in Wisconsin communities for the entire budgeting process to be driven by the Council/Board’s comfort level with the amount of tax rate growth. Given the obvious response from policy makers that they want to see minimal growth in the tax rate, Department Heads get their marching orders to hold operation-related expenses to a minimum. Once the requests are received, budget deliberations begin. This is typically a process that lasts several weeks where percent changes in line-items are painstakingly scrutinized. What is missing from most of these deliberations is a discussion of the broader, and I believe, more important matters such as whether services/programs are necessary. How well services are being provided? What are the expected outcomes from programs? How well did the program meet its outcome objectives the previous year? James Rowen wrote an article in the November 20, 1995 MJS Crossroads Section saying much the same. Interestingly, many communities in states throughout the nation have or are developing budgets along these lines. I have tried to move Wauwatosa in this direction since the day I was elected. What I have found is a great deal of complacency among Council members and Administration. It may be that tax limits will force this discussion, but I am not yet convinced.

For me personally, I would have a hard time supporting a regressive local sales tax at the same time the state of Wisconsin continues to provide generous tax breaks to corporations without demanding accountability, has an income tax rate that is essentially flat (and actually regressive if one considers total income paid in taxes after federal itemized deductions), and has yet to even begin a serious discussion of reversing what has now been a 20-year trend of moving the weight of paying for services off the wealthiest citizens and corporations and on to the backs of the middle-class and poor.

Hopefully Maher's work can get started a discussion of tax fairness in our state.

Tuesday, January 24, 2006

Circle Closing in on Doyle?

On Thursday a 55-year old Department of Administration employee was indicted on two felony counts: "causing misapplication of funds and participating in a scheme to defraud the state of Wisconsin of the right to honest services." More detail is in the Journal-Sentinel. A copy of the indictment is here. All of this is in connection to allegations that Adelman Travel Services was awarded a $750,000 state contract as a result of making campaign contributions to Governor Doyle.

The indictment alleges that DOA employee Georgia Thompson

- Intentionally inflated the scores of Adelman Travel, which was in competition with other agencies to be named the state’s “travel partner”
- Suggested that committee members change scores when evaluating the agencies.
- Prevented the contract from being awarded to another agency despite the other committee members’ unanimous decision.

Ms. Thompson is of course innocent until proven guilty. But does anyone, with the exception of Doyle flacks and Democratic party hacks, honestly think a DOA bureaucrat would do these things without being ordered to do so by the DOA Secretary or Doyle himself?

Georgia Thompson could face 20 years in prison if convicted. My guess is that state and federal prosecutors have focused their attentions on mid and low level DOA bureaucrats in the hope that they will sing. Doyle may not like the tune.

Xoff Slaps Kaeding


Democratic Party consultant and staunch Doyle/Falk supporter Bill Christofferson took a slap at Joan Kaeding in his blog today. Most readers of this blog know that Oshkosh Public Library employee Joan Kaeding is a long time Democratic Party and labor union activist. Commenting on the "intrigue" in the AFSCME split over whether to support Falk or Lautenschlager for AG, Xoff writes:

"But the real shocker was when the representative of AFSCME Council 40, the county and municipal employees, voted for Lautenschlager. Council 40 had endorsed Falk the day before the AFL meeting, but their rep, Joan Kaeding, voted the other way. Kaeding apparently fell on her sword for Lautenschlager; the assumption is that Council 40 will replace her on the exec board with someone who will vote to represent their opinions."

Hmm . . . Here's a crazy thought: Maybe Joan voted her conscience? I mean, I realize that in the world of establishment party realpolitik and flackery conscience is not supposed to play a role, but every now and then we still do see some acts of integrity.

Monday, January 23, 2006

Smaller County Boards In The Real World

It's clear that County government--like all other units of government in America from local school boards to the federal legislature--is a mess. Representative government by its very nature will be messy because it is charged with making public policy in an environment sometimes featuring fierce disagreement between affected citizens, interest groups, etc.

A good definition of Clean Government is that form which does not try to hide the mess, but allows maximum citizen participation in it and insists that all participants play by the same set of rules. We do not have Clean Government in Madison because the mess is hidden in closed partisan caucuses, while elite lobbyists get disproportionate access to the system and the ears of the representatives. The same is true in Washington.

Let's bring this down to the local level. We are living in a time when some very well-meaning individuals believe that reducing the size of the Winnebago County Board of Supervisors would actually produce cleaner government. There are also some very not-so-well-meaning people who understand that smaller boards mean bigger districts, which means more expensive election campaigns, which means greater access for those able to fund campaigns, which ultimately means public policy that shows even greater deference than is currently the case to real estate, corporate, and other private interests.

A good example is Loudon County, Virginia. According to today's Christian Science Monitor, Loudon is the "poster child for development run amok." The region is the worst example of the "hypergrowth" afflicting many regions in the country. And what have been the effects? According to the story:

The effects of such rapid development have been intense. At rush hour, rural Loudoun's scenic two-lane byways crawl with traffic that moves more slowly than the new six-lane access road to the east. Air quality has worsened as smog levels have shot up. As thousands of new houses go up each year ahead of water and sewer lines, residents face water shortages and newly polluted streams. If current growth continues, the county estimates it will need 125 grammar schools in the next 15 years.

Loudon is 25 miles outside of Washington, D.C. I just spoke to a Loudon County government employee, who told me that her husband is a construction worker who each day commutes 90 minutes to get to D.C., and 90 minutes back. Think about that: 180 minutes to travel 50 miles.

So does Loudon County have an unwieldly, 38 member Winnebago County style Board of Supervisors that helped create this mess? Nope. Loudon County has a 9 member board. But surely the 9-member board must be much less expensive to run, right? Nope. The Board Chair makes $40,000 per year, while the other 8 supervisors make $22,000 each. Each supervisor is also provided a full-time legislative aid. The supervisors have full-time careers outside of county government. It's clear that real estate and other pro-sprawl interests have gotten pretty much everything they've wanted from Loudon County government.

There is going to be a strong push in the next few years to reduce the size of the Winnebago County Board of Supervisors. Think we have sprawl problems now? Wait until the smaller board becomes more accessible to, and easier to manipulate by, sprawl interests. Do we really want Loudon County style hypergrowth?


Sunday, January 22, 2006

21st Century Crisis In Waterown

Back in August I wrote a Media Rant called "The Revolutionary Church", a review of Lynn Eden's Crisis in Watertown. The book chronicles how the twit-dominated establishment of Watertown, Wisconsin ran activist Congregational Church minister Alan Kromholz out of town in 1969 after he had the audacity to link the Church with a progressive political platform.

Almost 40 years later, it's sad to see that the Watertown establishment is still twit-dominated. Citizens seeking to place a troop withdrawal referendum on the April ballot were able to obtain enough signatures to force direct legislation, but the twits are forcing the citizens to go to court to get the measure on the ballot. Quite possibly this is what would have happened in Oshkosh (itself not immune from high-level twit influence) had signature gatherers garnered enough signatures to force direct legislation.

In this story from the Watertown Daily Times, it's clear that Watertown Aldermen Ron Krueger, Fred Smith, Augie Tietz, Steve Zgonc and Ken Zindars have a complete contempt for democratic processes. Remember, lack of sufficient signatures--the canard used in Oshkosh to deny placing the question on the ballot--cannot be used in Watertown as a reason to deny the will of the people. The co-chair of the Bring the Troops Home referendum effort emailed the following to supporters across the state:

I co-chaired the Bring the Troops Home referemdum effort in Watertown. We collected the necessary signatures. After we amended the form of the petition the City Clerk certified the petition as legal. As you may have heard, one overbearing alderman lead a 1 vote majority to rule our petition illegal. We have a pro bono lawyer and are suing the city. Our chances look good . . .

This has been a roller coaster ride for us. We really sweated getting enough signatures. We needed 980. We collected 1000 and 986 were certified. I went out the night before I turned them in and got 20 signatures to put us over the top. This seemed like a miracle, because usually I would only get around 10 signatures a night. So far we have had 2 council hearings. And now we worry until the court hearing Feb 7.

Saturday, January 21, 2006

What are the Powers of a Plan Commission?

In comments responding to my Joan Rivers Resort post, Cheryl Hentz and an anonymous responder have a disagreement over the role of the city Plan Commission. Cheryl asked:

How in the world does a plan commission approve a plan for which no financing is in place? Inasmuch as there the most important "plan" seems to be missing, the words "plan commission" seem to be a contradiction in terms. Talk about putting the cart before the horse! Can we assume by their action that the plan commission is nothing more than a rubber stamp for any developer who dangles promises of the sun, moon and stars in front of the city in exchange for a huge chunk of public financing?

To which anonymous, referring to city of Oshkosh Principal Planner Darryn Burrich as an authority, replied:

The Plan Commission is not a financial review commission, they are a land use review body. Whether a developer comes in with money coming out of his ears or not a penny to his name does not, and should not, matter to the plan commission. They are charged with simply reviewing the compliance with land use statutes, efficacy of development goals and enforcement of zoning standards.

Municipal Plan Commission powers are found in Wisconsin Statutes 62.23. I think a review of those powers suggests strongly that a Plan Commission DOES have a financial review function or, at the very least, the Common Council or other governing authority can ask for a Plan Commission's recommendations on financial matters. Consider 62.23(4) on the Miscellaneous Powers of the Commission:

(4) Miscellaneous powers of the commission. The commission may make reports and recommendations relating to the plan and development of the city to public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens. It may recommend to the mayor or council, programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the commission, within a reasonable time, such available information as it may require for its work. The commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. In general, the commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning.

Note the part that says "It may recommend to the mayor or council, programs for public improvements and financing therof," especially the "financing therof" part. How can a Plan Commission recommend financing if it is not supposed to be concerned with financial review?

Statutes 62.23(5) say the following about "matters referred to the city plan commission":

(5) Matters referred to city plan commission. The council, or other public body or officer of the city having final authority thereon, shall refer to the city plan commission, for its consideration and report before final action is taken by the council, public body or officer, the following matters: The location and architectural design of any public building; the location of any statue or other memorial; the location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any street, alley or other public way, park, playground, airport, area for parking vehicles, or other memorial or public grounds; the location, extension, abandonment or authorization for any public utility whether publicly or privately owned; all plats of lands in the city or within the territory over which the city is given platting jurisdiction by chapter 236; the location, character and extent or acquisition, leasing or sale of lands for public or semipublic housing, slum clearance, relief of congestion, or vacation camps for children; and the amendment or repeal of any ordinance adopted pursuant to this section. Unless such report is made within 30 days, or such longer period as may be stipulated by the common council, the council or other public body or officer, may take final action without it.

I think it is clear from this statute language that a Plan Commission may be charged with much more than "simply reviewing the compliance with land use statutes, efficacy of development goals and enforcement of zoning standards."

The anonymous person responding to Cheryl Hentz and possibly Principal Planner Burich if his views have been accurately represented, are relying on the most narrow possible interpretation of the statutes--an interpretation that of course benefits developers because it means they get to ask for City Council approval of a financial plan without any prior citizen review. The reason for the creation of Commissions, Advisory Boards, etc. was to ensure that ALL elements of development, including finances, would get at least some formal citizen review. While financial review may not be a requirement of a planning commission, a Common Council can certainly request that the Plan Commission make recommendations in that area.

Indeed, Statutes require that citizen members of the Plan Commission "shall be persons of recognized experience and qualification."[62.23(1)]. If financial issues--which are often the key issues in play in determining whether a development is appropriate for a city--are taken completely out of Plan Commission deliberations, then one is left wondering why the Commission needs to have citizens of "recognized experience and qualification."

Let me close by saying that there appears to be disagreement even within the Oshkosh Plan Commission about the Commission's role in addressing financial issues. In the minutes of the January 3rd, 2006 meeting, Commission members Borsuk and Dell'Antonia have a clear disagreement about whether "good use of the land" should be the Commission's only consideration when trying to decide whether to recommend acquisition of a lot (scroll down to page 2).

Wisconsin Woman Seeks Conscientious Objector Status

The Milwaukee Journal Sentinel (registration required) tells the story of Katherine Jashinski, a 23-year-old soldier from Wautoma seeking conscientious objector status so as to get discharged from the Army. The saddest part of the story is the fact the Ms. Jashinski appears to be receiving no support from her father and only grudging support from her mother. They ought to listen to John Brown by Bob Dylan.