From: | "Bruce-Sean Reshen" <reshen@mindspring.com> |
Date: | 26 Oct 2006 02:24:36 -0000 |
Reply: | cpeo-brownfields |
Subject: | RE: [CPEO-BIF] Petoskey Pointe (MI) tax credit debate |
The problem with direct expenditures by public agencies for development projects is that there is no arms length transaction. The situation is very different from the example of a public agency bargaining with a private developer over the amount of a public subsidy for a project. When the development is done by the public agency, we do not have the same checks and balances we do when the agency bargains with the private developer. It becomes an incestuous transaction and there is no reason to presume that the public interest will be protected. In fact, we should presume that the public interest will not be protected. Bruce-Sean Reshen p. 203-259-1850 c. 917-757-5925 -----Original Message----- From: brownfields-bounces@list.cpeo.org [mailto:brownfields-bounces@list.cpeo.org] On Behalf Of Robert Paterson Sent: Wednesday, October 25, 2006 2:54 PM To: 'Frink, Neal'; 'Bruce-Sean Reshen'; lsiegel@cpeo.org; 'Brownfields Internet Forum' Subject: RE: [CPEO-BIF] Petoskey Pointe (MI) tax credit debate I agree with your call for the classic "feedback loop," that ever necessary element of learning from experience that unfortunately is not well done in the public sector. Public agency resistance to performance measurement has proven difficult ever since the reinventing government took off in the 1990s. No one wants a report card, and the public sector doesn't reward learning from experience very well in practice--so that makes this idea difficult at best. Keep in mind, for example, the great "studies" done by cities and Rouse Inc on the benefits of "festival marketplace" projects...Rouse development would present these glowing job creation numbers to justify massive subsidy packages, of course subsequent academic studies showed that most of the attributed long term "job creation" was a smoke screen, in point of fact, many Rouse projects simply moved retail activity from one part of the metro region to another. Only the few Rouse projects that had monopoly location advantage really were "true" job generators...so from a brownfields standpoint--feedback to learn from experience would be great, but it needs to be more than just "fluff" numbers or other such baloney...it would require work by our Environmental Finance centers and other academic institutions to put together program evaluation efforts that could pass academic standards for quality research. It needs to be more than just checklists and bean counting of fictitious net job creation, it needs to really measure and evaluate what matters and that means conducting research with our economists friends that is of high quality. Bob Robert G. Paterson Associate Professor Co-Director, Center for Sustainable Development 1 University Station B7500 School of Architecture The University of Texas Austin TX 78712-1160 512-471-0734 Fax 512-471-0716 rgfp@mail.utexas.edu -----Original Message----- From: Frink, Neal [mailto:NFRINK@DINSLAW.com] Sent: Wednesday, October 25, 2006 11:23 AM To: Bruce-Sean Reshen; Robert Paterson; lsiegel@cpeo.org; Brownfields Internet Forum Cc: Frink, Neal Subject: RE: [CPEO-BIF] Petoskey Pointe (MI) tax credit debate Yikes - I have to chime in: A "look-back" with a positive or negative true-up eats away at the benfits of privatizing the effort, reducing the economic risk and reward, not to mention making the process just that much more complex (and less efficient). This is not to say that there is not a responsibility on the part of Grant authorities assess redevelopment proposals on the front end to make sure the risk/reward balance is appropriate. The broad C/B analysis essential to public policy questions -- how to allocate public funds to brownfields redevelopment, public schools, or defense spending --- occurs at the legislative levels where appropriations (funding) decisions are made. Once at the administrative/program level, the C/B analysis is appropriately focused on achieving the policy objectives of the specific program. Here, it seems, the scoring criteria for awarding grant money needs to be reflective of the program's policy objectives. Perhaps the key thing that is missing is post-project assessments to determine the extent to which awarded grants actually deliver the results they projected (e.g., in terms of pollution reduction, jobs, public space/use, or whatever caused the project to be scored out as a "winner"). The review process then needs to feed back into the selection/award criteria for subsequent rounds of funding (if any) and/or back to the legislature to shape either the amount of funding appropriated or the policy objectives sought to be achieved through this particular use of public funds (again, weighed by the legislature against competing uses for public funds). Doesn't the legislation authorizing most of the brownfields grant programs have just such requirement to report back on the benefits realized from the program for just this reason? One can almost visualize the process flow diagram for fine-tuning (or eliminating or expanding) brownfields redevelopment grants (or tax incentives, or other governmental aid) through such an iterative process. Neal Frink Dinsmore & Shohl, LLP 1900 Chemed Center 255 East Fifth Street Cincinnati, OH 45202 (513) 977-8359 (513) 977-8141 (paper fax) (513) 744-3168 (e-fax) This message is intended only for the use of the individuals or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited. -----Original Message----- From: brownfields-bounces@list.cpeo.org [mailto:brownfields-bounces@list.cpeo.org] On Behalf Of Bruce-Sean Reshen Sent: Wednesday, October 25, 2006 11:34 AM To: 'Robert Paterson'; lsiegel@cpeo.org; 'Brownfields Internet Forum' Subject: RE: [CPEO-BIF] Petoskey Pointe (MI) tax credit debate Bob, I agree with you that our area of disagreement is narrower than it would seem. The fundamental point I was stressing is that subsidies are not wrong in themselves. However, unnecessary subsidies are wasteful and misdirect "social" resources. As economists we learn that it is possible to measure market rates of return at a given time, provided there are other projects in development at the same time that are unsubsidized. While precise measurement is impossible, general ranges of market rates of return are attainable. The key to the process is that the developer must be willing to "open his books". If actual achieved rates of return prove to be well above the target market rate, then the developer should either return the subsidy pro rata or provide equivalent social development value. The willingness of developers to allow such a "look back", should be an absolute requirement of the process to protect society. An interesting further question is whether society should be willing to further subsidize a developer who does not achieve the target market rate of return. In fairness, if we require a "look back", it should allow either a positive or negative adjustment. The key point here is that one should not be outraged by the concept of subsidies in general. We both agree that over subsidizing a private developer is a waste of public resources. Likewise, I believe that under subsidizing that same developer makes no sense if we want to efficiently achieve our social goals (environmental cleanups, jobs, community revitalization). Much greater effort needs to be focused on the design and measurement of appropriate subsidy levels to achieve our public goals. Bruce p.s., My kind thanks to Peter Meyer for helping me to clarify these issues. Bruce-Sean Reshen CEO, The MGP Group 733 Summer Street - Suite 405 Stamford, CT 06901 203-327-2888, X18 email: breshen@mgppartners.com www.mgppartners.com www.theguardiantrust.org -----Original Message----- From: brownfields-bounces@list.cpeo.org [mailto:brownfields-bounces@list.cpeo.org] On Behalf Of Robert Paterson Sent: Wednesday, October 25, 2006 10:02 AM To: 'Bruce-Sean Reshen'; lsiegel@cpeo.org; 'Brownfields Internet Forum' Subject: RE: [CPEO-BIF] Petoskey Pointe (MI) tax credit debate I don't think we disagree here, IMO based on economic development incentive programs across the US, not much "calculation" has gone into "packages" and in many cases (e.g., public stadia for example for private use) almost no serious B/C analysis with any sophistication is done at all....societal opportunity costs are real but often not recognized in any meaningful way as incentive packages are assembled. Not all brownfield sites need substantial public subsidy, and some get too much, which does translate into greater private profit at public expense (that subsidy might be better used for other social, economic and environmental programs elsewhere in the community with a greater societal return on investment), the question is how do we do a better job of assigning incentive packages where they are most needed? If others on the list are involved in such packaging, it would be interesting to hear what they have to say about "qualifying" sites for incentives (e.g., property tax abatements, TIF financing etc.,) and examples of where the package was not enough or too much? In their opinion.... Kind regards Bob Robert G. Paterson Associate Professor Co-Director, Center for Sustainable Development 1 University Station B7500 School of Architecture The University of Texas Austin TX 78712-1160 512-471-0734 Fax 512-471-0716 rgfp@mail.utexas.edu _______________________________________________ Brownfields mailing list Brownfields@list.cpeo.org http://www.cpeo.org/mailman/listinfo/brownfields _______________________________________________ Brownfields mailing list Brownfields@list.cpeo.org http://www.cpeo.org/mailman/listinfo/brownfields NOTICE: This electronic mail transmission from the law firm of Dinsmore & Shohl may constitute an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. 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