February 2010


I want to quickly respond to Chapel Hill Mayor Mark Kleinschmidt’s comments this evening.

First, spending $8-12M on the Lot #5 project, building luxury condos and enriching a private developer, is not the same as “protecting our Town’s infrastructure”.

The Lot #5 (West 140) project is discretionary – the push to keep it going is not based on sound economic fundamentals.

Putting Lot #5 on par with filling potholes or expanding the Library is a great political speaking point – but certainly not grounded in reality – suggestions otherwise does the public a disservice.

At the same time, other probable debt-related outlays aren’t included in the analysis. Mark suggesting the lump of general obligation (G.O.) debt covers the whole gamut of obligations minimizes the challenge before us.

Beyond that bit of misdirection, Mark knows (or should know) that our Town’s current reserves are low compared to historical reserves on a percentage basis.

That $1.9M increase Mark bandied about sounds big but isn’t considering the $55M hole we’re in. No matter how hard fought the battle to get that $1.9M last year, weighed against future operational and capital demands – like trying to expand the Library – the percentage improvement in overall reserves was slightly better than negligible and doesn’t position us any better to deal with MAJOR outlays (if you use a more reasonable debt ceiling).

To use the credit card example several Council members relied on this evening, there is a qualitative difference between the following two scenarios:

1) Your credit card limit is $10,000 (set in the heady days when the good times rolled). Expecting blue skies everyday, you run up $9000 in debt. You plan to add another $800 ($9800 overall) and set aside $500 to service that debt “just in case”.

2) Your credit card limit is $10,000. You run up $5000 in debt. You set aside $1000 for future payments and plan to take on another $400 for a total obligation of $5400.

Case number one is what Mark is arguing for when he continues to push for the Library expansion, Lot #5, $3.7M in greenway bond debt, etc. (“the whole enchilada”) using the existing debt load as a baseline.

Case number two, which gives the Town much more flexibility in meeting its core needs and is more akin to where we were before the recent massive debt run-up, is what Council members Jim Ward, Laurin Easthom, Matt Czajkowski and Ed Harrison spoke to (in one way or the other).

Council member Gene Pease was right about the wisdom of creating separate budget “silos” for debt and operations. This was something I lobbied for 5-6 years ago and was happy to see implemented.

Yet, as Matt pointed out, Council didn’t discuss the current debt ceiling (and tax rate associated with paying it off) as a maximal point. As history shows, the current ceiling was expediently set based on all the allocated and accumulated debt at that time rather than a careful forward analysis of our residents ability to pay.

It is this kind of thinking that led to the recent big tax increase (which I had predicted 2 years before – based on the “simple math” Mark said I was using this evening).

Part of separating that part of our budget out was to get the kind of visibility we need to “right size” our tax revenue allocations to various core necessities (thanks to Laurin and others for putting it plainly – balancing “needs against wants”).

So, our debt ceiling – which leapt rapidly to handle 2003 to 2009 debt increases – based on extraordinary expenses like the new Town Operations Center – was not set based on a fiscally prudent assessment of our community’s ability to pay (“living within ALL our citizens means”) but on a hunger for stuff which could only be fed by running up our Town’s credit card.

Clearly, our debt load, twice what it was 6-7 years ago and the current debt ceiling are both not sustainable in this economic environment (or with the currently lopsided commercial/residential tax-base). On top of this, we’re also not even close to the reasonable reserve levels we held 5-7 years ago (let alone what we will need to handle predictable jumps – like Lot #5 – to our capital outlays).

As far as future debt not appearing on tonight’s docket, while Laurin and Matt did a good job outlining some probable impacts in the next 3-4 years of capital budgets (like the possibility of repairing/replacing the Police Department) the “elephant in the room” – Lot #5 – once again didn’t get appropriate attention.

When approved, the expectation was that the Lot #5 debt could be paid from parking revenues. The type of debt and method of repayment – certificate of participation (COP), tax incremental funding (TIF, taxing Peter – our local Downtown business folks – to pay for Paul’s profits), paying from parking revenues – remains a bit fuzzy.

If you run the numbers, make a more realistic assessment (I was on the Downtown Parking Task Force and reviewed those numbers carefully) the debt associated with the West 140/Lot #5 taxpayer giveaway will NOT be paid off by the parking revenues (heck, the negative feedback from raising parking rates which will decrease revenues hasn’t been worked out).

Every penny not coming from the variable parking fees revenue has to come from funds earmarked for other purposes – staff raises and benefits for instance. Besides the predictable shortfalls, that revenue variability, in and of itself, is a major concern.

In any case, even if we can make the debt payments out of parking revenues (quite debatable), adding another $8M-$12M of obligations on top of everything else carries its own significant financial impact – including limiting our Town’s ability to borrow for more core needs.

The question isn’t if we’re in a pickle but what is this current Council going to do about it?

I disagree with the suggestion that the Town couldn’t find qualified volunteers to help analyze the budget with fresh eyes and make some reasonable suggestions over the next 4 months.

Given the unique pool of successful local entrepreneurs and talented business folks, professionals from UNC’s Kenan-Flagler institute and business school, CEO/CFO’s living and working here, UNC and other government administrators, former Council members and other concerned citizens with relevant expertise and interest, claiming that we can’t seat a review board now is just a stalling tactic.

The Council did it before and the resulting budget was stronger for it.

Finally, I’m quite disappointed that Mark led the charge to cut-off this valuable source of public input. As Laurin, Jim and Matt argued to various degrees, the budget is the wellspring for everything our citizens want and, more importantly, need. It’s hard to argue any other area needs as much public attention and review as this year’s budget.

The political downside of a citizen review board, of course, is that an independent analysis might upset some folks established agenda, like trying to juggle the discretionary Lot #5 project, expansion of the Library, increased demands on services and responsibilities for maintaining qualified staff.

Here’s the outline I used for my remarks this evening:
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Ron Stutts and WCHL 1360 invited me to do a commentary on a Chapel Hill issue.

I chose to speak out on the fiscally imprudent idea that we can “have our cake and eat it too”.

Run this and the following four year’s budget numbers, look at anticipated impacts – funding Town retirees’ health-care, fixing Police Headquarters, meeting our clean water responsibilities under the Lake Jordan compact, the doubling in demand on our social services, etc. – and it becomes clear – we can walk away now from the discretionary Lot #5 project – at little additional cost to the taxpayer – or do the Library expansion next year.

We can’t do both.

Thanks to Ron and crew for somehow squeezing 10 pounds of commentary [MP3] into a 5 pound bag. Amazing!

Jan. 25th the Council considered two projects with major financial impacts – the Library expansion and the problematic Lot #5 private/public development project.

After discussing their options at length, they decided to postpone approval of the Library expansion pending a more thorough review of the Town’s spending priorities during the Town’s normal budget process which, by the way, kicks off Wednesday, Feb. 3rd.

This was a reasonable and prudent course of action given the serious fiscal condition of the Town, the weakened economy, continued expectations of poor revenues and Council’s touted commitment to public participation.

Unfortunately, the Lot #5 project didn’t get the same level of concern.

The Town’s debt has doubled to $55M over the last 5 years. It’s been used to fund necessary and discretionary capital improvements like the construction of the new Aquatics Center – which at about $7M was almost on budget – and the Town Operations Center – which at $52M went roughly $10M over-budget.

Supporters claim the typical household will ONLY pay $40 more a year but that $40 only covers the increased cost of operating the Library and not the cost of discharging the $16M bond debt.

The Town Manager says that as we payoff existing obligations we can issue new bonds without increasing taxes. This might be true through 2011, but as the Town’s finance director pointed out, from 2012 on the construction debt pushes our overall debt very close – maybe even exceeding – the level necessary to keep our Town’s AAA bond rating.

At that point a tax increase is certain.

The Town Manager’s analysis is also rather one dimensional – challenges like the Town’s rapidly growing unfunded retirement obligations – projected to be as much as $56M or replacing Police headquarters – $10M if Council had purchased Dawson Hall – were not considered.

So what about Lot #5? Lot #5 requires 8 to 12M taxpayer dollars and represents the Town’s greatest, riskiest discretionary fiscal liability.

Part of the sales pitch for Lot #5 was the supposed need to stimulate development Downtown.

With Greenbridge nearly built and other Downtown projects on the way it’s clear that we didn’t need a stimulus. In fact, directly across Franklin St. the University at University Square is already putting forward a much more interesting, integrative proposal which better fulfills the goals of the Lot #5 project – and at little cost or risk to our taxpayers.

Given that the cost reductions that allowed RAM Development to lower their gold-plated condo prices haven’t been passed on to the taxpayer, that the number of pre-sold units hasn’t grown in-line with those price reductions, and that the Town still doesn’t know how it plans to borrow that $8 to 12M – now is the time to drop Lot #5.

Three years out – three contract extensions granted – no significant improvement in proposal.

What does this have to do with the Library?

We can have a Library expansion – hopefully starting next year – or we can have Lot #5 – we can’t handle both.

Contact Council – ask them to pull the plug on the Lot #5 project now so that we can take on projects that are more central to Council’s charter.

More information on my website, CitizenWill.org.