Recently in Arkansas River Category

On GetRightOK, Jason Carini reports on a bill from Sapulpa State Sen. Brian Bingman to authorize a toll road connecting I-44 near 49th West Ave to the L. L. Tisdale Expressway. The bill is SB 1764, and it adds the incomplete Gilcrease Expressway route, first sketched in 1956 (and then known as the Sequoyah Loop), to the list, in Title 69, Section 1705, of 34 routes and exits which the Oklahoma Turnpike Authority is authorized to build. The OTA is required to fund any new routes or exits from its own funds, generated by the tolls it charges.

Of those 34 projects, most have already been built, some are duplicates, and others are unlikely to be feasible anytime soon. OTA wouldn't exercise its authority to build a new turnpike unless sufficient revenues would be generated to pay back the bonds and maintain its bond rating.

I suspect the main purpose of this bill it to permit the use of tolls to finance the most expensive part of completing the Gilcrease route, the bridge over the Arkansas River. Most of the Gilcrease route west of the airport has been funded by Tulsa citizens through the 3rd Penny sales tax.

The route is designated Oklahoma Highway 11 from I-244 near Memorial west to US 75, where it joins 75 north to 36th St. North, then jogs west to Peoria Ave. on its way to Sperry and Skiatook. (Long term, I think the intention was to route Highway 11 on the Gilcrease to the L. L. Tisdale (née;e Osage) Expressway, and then north on that route to Skiatook. I'm not aware of plans to give the unfinished western segment of the loop a highway number. I suspect the city would create a sign for the road similar to that used for the L. L. Tisdale Expressway. (But if the OTA funds it, they'd probably follow the pattern of the barely-legible-at-highway-speeds signs used on the Creek, Muskogee, and Kirkpatrick Turnpikes.)

Several videos of the mishap at Tulsa's July 4, 2009, fireworks show have been uploaded to YouTube; I've posted three of them after the jump. Here's KOTV's story on what happened:

"What happened was a mortar that went off - exploded either really close to its container, or inside its container, and caused a fire on the trailer, burning over into another trailer nearby," said Captain Michael Baker of the Tulsa Fire Department.

The blaze melted the electronics needed to control the fireworks show. No one was injured as a result of the explosion.

An entire trailer devoted to the grand finale, filled with 1,000 shells, had to be dismantled.

(Here's a link to Irritated Tulsan's incisive analysis of the fiasco and his "mommy-blog quality" photos of the sunset earlier that evening.)

Click through to see those videos.

There's an exciting lakeside community planned for Oklahoma, unlike anything in the state, but hopefully a model for many more to come. New urbanist city planner Andres Duany has been hired by former Oklahoma City mayor Kirk Humphries to plan Carlton Landing on 1600 acres beside Lake Eufaula. The result of a design charrette -- a kind of brainstorming session -- was presented earlier this week in Oklahoma City.

Duany planned the Gulf Coast town of Seaside, Fla., turning that tiny piece of the Redneck Riviera into a popular resort town and generating similar developments all along that stretch of the Florida Panhandle's shore.

As Seaside was, Carlton Landing is family-owned land that has never been developed.

Instead of the usual resort community pattern of only residences along winding roads, Carlton Landing will have a heart, right on the shore, with shops, dining, recreation facilities, and even a chapel. The 1600 acres will be home to about 2500 people -- not high density, but more dense than a typical lakeside development. Duany has almost complete freedom to set design and development standards -- there are no existing land use rules to work around.

From a fleeting glimpse of a map in this slideshow from the charrette (about 2:14 into the video), it appears the Carlton Landing property is centered around the marker on this map:


View Larger Map

I've had my differences with Kirk Humphries, but I admire him for doing something different and daring with this land. Instead of, say, asking taxpayers to spend $600 million create a vibrant community out of the middle of a river, he's making it happen with his own money and land. A couple of years ago I suggested that the folks behind the Channels could do the same thing right here in Tulsa:

Tulsa Stakeholders, Inc., (TSI), the group led by John-Kelly Warren of the Warren Foundation which is proposing The Channels development, has a commendable desire to create a thriving, pedestrian-friendly urban place in Tulsa. So instead of asking the taxpayers to spend $600 million to build three tiny islands on which a walkable community can be built, why doesn't TSI create or restore a walkable community on land that already exists, and thus encourage the creation of this kind of neighborhood all over Tulsa?

(It may be cheeky for me to tell TSI what to do with their money, but since they're telling us taxpayers what we should do with ours, turnabout is fair play.)

TSI could demonstrate that traditional neighborhood development will succeed, even in car-bound Tulsa. They could use their deep pockets and risk tolerance to blaze a trail for more risk-averse conventional developers.

Building a traditional mixed-use neighborhood on taxpayer-subsidized islands would send the message that such developments are too fragile to survive in the free market.

Building or restoring the same kind of neighborhood with private money on private land would set an example that other developers could follow with confidence.

There are many opportunities for TSI to do pioneering work in this area. They could build a New Urbanist community on undeveloped land somewhere in the metro area. They could incorporate walkability and mixed use into the Warren Foundation's own developments (e.g. the Montereau retirement community).

TSI could do some of the exciting infill development recommended by the East Tulsa Community Plan (http://www.cityoftulsa.org/Community/Revitalization/EastTulsa.asp), helping to knit together a lively international district and creating a walkable center for a vast swath of car-bound suburbia.

Perhaps the most strategic investment TSI could make would be in the Pearl District (aka the 6th Street Corridor); on the charitable side, its assistance could fund implementation of the stormwater project for the three-square-mile Elm Creek basin.

This would take land out of the floodplain, making restoration and infill practical. Full public funding for the plan--about $35 million to create stormwater detention ponds and to link one of them to Centennial Park by a canal--is at least a decade away.

Fixing Elm Creek not only helps 6th Street, but it would improve drainage in the Gunboat Park and 18th and Boston areas. (Elm Creek flows underground through both neighborhoods, emptying into the Arkansas River at 21st Street.)

On the private side, it could set an example for other developers by doing some quality infill development and restoration in accordance with the Pearl District Infill Plan (http://www.cityoftulsa.org/Community/Revitalization/6thStreet.asp). No need to use condemnation to assemble vast tracts of land--restore some existing buildings to their former glory, or build new brownstones on already vacant lots.

TSI's leadership would make it safe, maybe even fashionable, for other investors to get involved in the district and to create walkable places in other parts of the metro area.

The revival of the Pearl District would strategically patch a hole in Tulsa's original urban fabric, reconnecting centers of activity--downtown, Cherry Street, Kendall-Whittier, TU, and the Utica medical corridor--which are quite close to each other but which now seem miles apart. And it would make it possible for more Tulsans to make walking a part of daily life, not a specially scheduled activity.

Through private action to create or restore a walkable neighborhood, TSI would send the message, "Come on in, the water's fine," to Tulsa's developers. It might not be as splashy as islands in the river, but such a project would create ripples that would spread far beyond the riverbank, making all parts of our metro area healthier, livelier, and more attractive as a place to live, work, and play.

"There's no Plan B. River development is over." -- County Commissioner Randi Miller, October 10, 2007


"Six Companies vie for Arkansas River Projects"
-- Tulsa World, March 13, 2008, p. A-8

Thursday's story notes that $9.5 million from the Vision 2025 sales tax and $650,000 from Four to Fix the County 2006 are available for dam work and reports a cost estimate of $30 million per dam. (That number keeps getting bigger. It was $27.5 million during the river tax campaign.) The bids are for pre-construction work; presumably the pre-construction work will lead to a more concrete, itemized estimate of costs for the actual dam construction.

The Whirled's slant on this issue is evident in the second paragraph of the story:

In December, county commissioner chose to move forward with the permitting, design and engineering work despite an October vote in which county residents rejected a $282 million plan to build the dams, which are proposed for Jenks and Sand Springs, and to modify Zink Dam.

First of all, it wasn't a plan on the ballot. It was a county sales tax increase, and the voters rejected that tax increase. Second, it would be more accurate to say, "a $282 million tax, $68 million of which would have paid for the two new dams and improvements to Zink Dam"

Also in yesterday's paper, on p. A-11, we learn that the least tern nesting islands are being rebuilt, the kayaking run near the PSO plant is being improved, and junk and debris are being removed from the river. All these improvements are happening without the passage of a new sales tax. Some of the funds are coming from private companies, some from a fine paid by the Sinclair refinery. County crews are doing the work on the island -- presumably the workers were already drawing a county paycheck -- it appears its being handled within existing budgets.

It's amazing how the constraint of a budget can inspire creative ways to get things done.

During the late campaign for a Tulsa County sales tax increase to pay for river projects, we were often told by the tax increase's proponents about the low-water dams that Oklahoma City funded with its MAPS tax, and how this investment had brought jobs in the form of a Dell Computers call center. I've read about plans to run a water taxi service from the hotel cluster at Meridian Ave. to near downtown along the river.

I was in OKC this past Saturday morning for the Oklahoma Republican Party executive committee meeting and afterwards decided to have a closer look at their river, the North Canadian, aka the Oklahoma River.

The Oklahoma River, looking east from Exchange Ave. in Oklahoma City,100_5959This picture was taken from beneath the south end of the Exchange Ave. bridge looking east. Clicking the photo will take you to a set of seven pictures, all taken from the south bank of the river between Penn and Exchange.

Despite the fact that it was in the 70s and sunny and about 2:00 p.m. on a Saturday, I encountered only about eight other people using the trails. I read that there was a boat parade that evening, but I can't imagine where they had enough water to float a boat.

Anyone have an explanation for this?

Last week I wrote a primer on tax increment financing (TIF) districts. My column in this week's issue of Urban Tulsa Weekly is the advanced course: TIF districts as applied to Jenks' proposed billion-dollar River District development and a Branson Landing-type development on Tulsa's west bank. You can read all about the speed with which Jenks officials have moved forward with its latest TIF district, the complaints from the Jenks school district, how the City of Jenks has designed the River District TIF plan to put the financial risk on the developer, the lengthy process for TIF review established by Mayor Taylor's administration, and how the City Council can bypass it, if they choose.

Also in this issue, Tulsa County Commissioner Fred Perry responds to my October 25-31 column outlining a way to move forward on river development following the defeat of the Perry-endorsed county sales tax increase, and praising the Tulsa City Council for taking the first steps in that direction. Perry objects to my final paragraph:

There is a positive, constructive path for making our river happen without raising taxes. Here's hoping the Mayor and County Commissioners follow the City Council down that path.

Perry's op-ed begins:

In a recent edition of the Urban Tulsa Weekly, after the Tulsa City Council passed a resolution supporting river development, (OpEd writer) Michael Bates stated that the County Commission and Tulsa Mayor should follow the lead of the City Council as it relates to working to put a similar high quality development in Tulsa. ( ) This is amusing when one knows the facts.

I've responded to Perry in detail in my column in the issue that will be out on Thursday, but I did post a comment to his op-ed noting that he seems to have overlooked a key point:

There's plenty to rebut here, but I'll just point out Commissioner Perry missed a key phrase in the column about which he complains. I said (emphasis added), "There is a positive, constructive path for making our river happen WITHOUT RAISING TAXES. Here's hoping the Mayor and County Commissioners follow the City Council down that path." With its resolution, the City Council moved publicly in that direction. I haven't seen any public action on the river by the County Commission since the election, much less anything that would suggest they are proceeding with engineering on the dams or getting a handle on their Vision 2025 finances, as I suggested in my column. Regarding the surplus Vision 2025 funds, Commissioner Perry might want to check back in with his bond adviser for some updated numbers.

The U. S. Senate voted 79-14 this morning to override President Bush's veto of the Water Resources Development Act of 2007 (HR 1495). The bill becomes law; the House voted Tuesday to override, 361-54.

The fourteen brave souls who voted against the override comprise 12 Republicans and 2 Democrats, including our own Tom Coburn: Allard (R-CO), Brownback (R-KS), Burr (R-NC), Coburn (R-OK), DeMint (R-SC), Ensign (R-NV), Enzi (R-WY), Feingold (D-WI), Gregg (R-NH), Kyl (R-AZ), McCaskill (D-MO), McConnell (R-KY), Sessions (R-AL), Sununu (R-NH).

Of the seven Senators not voting, five are presidential candidates: Democrats Hillary Clinton, Barack Obama, Chris Dodd, and Joe Biden, and Republican John McCain. (Republicans John Cornyn of Texas and Jim Bunning of Kentucky were the other two.)

The bill includes a $50 million authorization for Arkansas River corridor projects related to the Arkansas River Corridor Master Plan:

SEC. 3132. ARKANSAS RIVER CORRIDOR, OKLAHOMA.

(a) In General- The Secretary is authorized to participate in the ecosystem restoration, recreation, and flood damage reduction components of the Arkansas River Corridor Master Plan dated October 2005. The Secretary shall coordinate with appropriate representatives in the vicinity of Tulsa, Oklahoma, including representatives of Tulsa County and surrounding communities and the Indian Nations Council of Governments.

(b) Authorization of Appropriations- There is authorized to be appropriated $50,000,000 to carry out this section.

Club for Growth wanted to see the veto sustained and will make this vote part of its congressional scorecard. The bill came out of conference committee 60% bigger than either of the original House or Senate versions, and the Heritage Foundation called the bill "a prime example of legislation run amok."

RELATED: Andrew Roth of the Club for Growth, writing at National Review Online, debunks the top lame congressional excuses for pork barrel spending:

  • "I know my district better than some unelected bureaucrat!"
  • "Earmarks don't increase spending."
  • "It's for the children!"
  • "I'm fighting to get our fair share!"

TIF 101

| | Comments (0) | TrackBacks (0)

My latest Urban Tulsa Weekly column, in the November 1-7 issue (the adoption issue), is a primer on tax increment financing (TIF) districts. There's a lot of debate about the topic in Jenks and talk about using a TIF district in Tulsa to enable west bank commercial development, and people seem to confuse TIF districts with tax abatements and other economic development tools. It's a bit dry, but I had fun writing the opening. For the rest of it, I tried to stick to a simple explanation of the facts -- answering questions like where Tulsa's TIF districts are and when they expire, and what state law governs the creation and operation of TIF districts. (The next issue, out Wednesday, will have a follow-up column dealing specifically with the controversy over the proposed River District TIF district in Jenks and how a Tulsa west bank TIF district might work.)

Also in the current issue, Brian Ervin has several great articles, including one about the owner of Mexico Lindo restaurants, who says he's an unwilling plaintiff in the lawsuit against H. B. 1804, Oklahoma's new immigration enforcement law. Brian was interviewed last Wednesday on KFAQ Mornings. (You can download the MP3 of Brian Ervin's interview here.)

This struck me as strange. Maybe this was unintentional, maybe not. You be the judge.

There's a shift in the way the Tulsa World refers to the potential commercial development on the west bank of the Arkansas River at 21st Street.

Prior to the October 9 Tulsa County sales tax election, the paper consistently connected the proposed west bank development to Branson Landing, the retail development on the shores of Lake Taneycomo in downtown Branson, Missouri, and mentioned developer Rick Huffman by name. After the election, the development has been mentioned a few times, but without any reference to Huffman and only one to Branson Landing. After the jump, you'll find examples of what I'm talking about.

You may have missed this, as did I when it first aired last Wednesday: A KOTV story which looked at polling data from a week before the election to explain why the Tulsa County river sales tax increase failed at the polls. There's a snapshot showing the reasons given by people who said they oppose the tax:

29% no more taxes
23% other priorities / fix streets
34% private donors should pay for all of it
10% no confidence vote

The story quotes Oklahoma City-based pollster Bill Shapard:

But the way that got spun by the no side was, if he's going to put up all that money, George Kaiser, why doesn't he just pay for all of it. And so while I think George Kaiser and his generosity was the greatest asset for the yes campaign, it also became their greatest liability.

I don't know of anyone on the no side who "spun" that, much less spent much time talking about the pledges by Kaiser and others. I may be wrong, but I don't recall seeing anything on the No River Tax website along those lines. My take on the pledges was that $282 million was a lot to spend for a free gift. The donors have a right to decide to whom, for what, and under what conditions they spend their money, but the voters needed to focus on the tax they were being asked to pay and the projects it would pay for.

It did surprise me how many people volunteered to me an opinion similar to that poll result. Most often it took the form, "If they're going to give that money, why not use the money to pay for the dams instead of these 'gathering places'?" Almost always the idea was "the dams instead of the parks" rather than "the dams and the parks."

I'd be curious to know exactly how the question was asked and how the results were tabulated, as that can make all the difference. Were voters allowed to give more than one reason for voting no, or were they asked to give the most important reason? Were voters given a list of reasons to pick from, or was it an open question, and if it was an open question, how were the responses categorized? Would "donors should pay for the dams instead of the parks" be classified as essentially the same answer as "donors should pay for the dams and the parks"?

Because of a job-related day trip, I'm postponing my weekly visit with Gwen and Chris on 1170 KFAQ until Wednesday morning.

A couple of different young professionals sent me this e-mail, which they received late last week from TYpros, the Astroturf YP group created by and for the Tulsa Metro Chamber. One wrote, "Honestly, this letter (and its leadership team's public homogenization of the TYPros membership into a monolith of river tax supporters) has me considering leaving TYPros." Another wrote, "I had lent my support to TYPROS in the early days, but ever since their support of the River tax I've lost my faith in them as an agent of change."

At first, I didn't see what bothered them so much about this e-mail. It's encouraging people who might have been disappointed in the outcome of Tuesday's election not to be hyperdramatic about it, but to stay involved.

But there is an undertone which undercuts that sensible message -- "The 4,000+ members in Tulsa's Young Professionals bear a heavy burden." Please.

It's easy to understand why older generations become so cynical.

After Tuesday's vote, it's easy to become disenchanted, disheartened, and frankly, disgusted. It's easy to trash-talk the opposition or vow to learn how someone voted before having lunch with him or her. It's easy to spout off promises to flee the community for more progressive and yp-friendly cities and regions.

It's easy to quit.

It's much, much harder to shake it off and decide where we go from here.

To survive and thrive in the future, developing our community to attract and retain young, talented workers and new college graduates must become everyone's business. The 4,000+ members in Tulsa's Young Professionals bear a heavy burden and the result of Tuesday's vote makes our job even more difficult. My company, your company, North Tulsa, South Tulsa, East or West, suburbs or downtown, all depends on us to be here in the future.

Young people are the future growth of our region. High school students today are deciding where they want to live tomorrow. College graduates decide where they want to live before they find a job.

Some people get it. Some people don't.

George Kaiser gets it. We applaud his courage, conviction and generosity.

So, our message is this. From young professionals to one slightly more seasoned professional: Mr. Kaiser...we won't give up if you don't give up on us.

Sincerely,

Tulsa's Young Professionals

UPDATE: There are some good comments posted below, but two in particular worth spotlighting:

From Jeff Shaw:

That reads like an email from 14 year old girl. :)

And from Jason Kearney:

TYPROS. Please. A bunch of morons if they still don't understand. Many of them are single, making more money than they know what to do with. They don't care how much money they pay in taxes, because they don't have enough to spend their money on now. They are too immature to realize that people can have differences of opinion. It has to be about who "gets it" and who doesn't. Give me a break.

I hope they are watching the local news, and seeing that they were duped by the chamber, the mayor, and the county commission. River development continues, but the right way, with private investments, not taxpayer money.

Too tired and too busy with family stuff tonight to do anything more than point you to some articles about Tuesday's defeat of the Tulsa County sales tax proposal.

Justin Juozapavicius, the Associated Press correspondent for Tulsa and a former Tulsa World reporter, filed a report on the tax defeat that had an air of hopelessness about it.

For supporters, Tuesday's "no" vote meant another missed development opportunity for Tulsa, while other cities such as Memphis, Tenn., San Antonio and Kansas City, Mo., continue to profit from their waterfront projects.

Oklahoma City voters also recognized the potential years ago, approving an initiative that turned an aging warehouse district into Bricktown, the city's nightlife and entertainment hub, complete with a mile-long pedestrian canal.

While the reporter did speak to two opposition leaders, Tulsa City Council Chairman Roscoe Turner and Broken Arrow Mayor Wade McCaleb, the story overlooks the opportunities to move forward on river development. It also incorrectly summarizes what was on the ballot:

Both were contingent on the passage of the 0.4-cent tax increase that would have paid for low-water dams, land acquisition, pedestrian bridges and habitat improvements along 42 miles of the river from Keystone Dam to the city of Jenks.

While the improvements would have indeed stopped at Jenks, the 42 miles includes Bixby and Broken Arrow, neither of which would have seen any of the listed improvements had the tax passed.

At first I was upset with Mr. Juozapavicius for filing a story that preached doom and gloom about Tulsa, but a large share of the blame belongs to the officials he quoted in the story. What do you think?

Meanwhile in Jenks, Jerry Gordon, who used his own money to build RiverWalk Crossing, is proposing that he and other developers who would benefit from a low-water dam to pony up and pay for it themselves.

But in south Tulsa, where an estimated $100 million in riverfront development has risen up over the last four years, much of it without public support, a small group of Tulsa-area investors may attempt what Tuesday's election failed to accomplish - fund a south Tulsa dam across the Arkansas River.

Such efforts could face huge permitting hurdles beyond the projected $25 million-plus cost, especially if the private forces tried to proceed without governmental support. But Gordon, the maverick entrepreneur who opened RiverWalk Crossing in 2005, believes other business and civic leaders like himself, with vested interests in growing south Tulsa commerce, could and should cough up the funds necessary for building the dam so vital to maintaining water in the river.

In fact, he's already started quiet discussions with a few key associates to accomplish just that.

"We're going to float our own boat," the 25-year industry veteran said Wednesday, even with the start of primary construction on RiverWalk's second phase just three weeks away....

Gordon would not discuss who may be involved in his efforts. But he used for his inspiration the $117 million that private donors had promised to spend on river trails and parks projects if the vote had passed.

"We'll find a way to do it if you keep the politics out of it," the 48-year-old said. "This really is a city deal, not a county deal. We've thought all along this should be the way it's done."

His initiative would follow Indian Nations Council of Governments' proposal for a south Tulsa dam to maximize the potential of King's Landing, RiverWalk and other commercial developments that have already sprung up. Under his idealistic plan, the dam would be paid for by those who would profit by it.

Jerry Gordon deserves three cheers for clear thinking and initiative.

The story also notes that the Branson Landing folks are still interested in moving forward with their development if they can get the assistance they say they need for land acquisition and site preparation. Perhaps they should speak to Jerry Gordon to see how things can get done.

There's an interesting detail in the beginning of the story which illustrates a suggestion I've made several times:

"Many people told me I was crazy to use such expensive stonework on this, but I didn't care," he said, explaining how, as a private homebuilder, developer and contractor with no partners, using his own funds, he didn't need to worry about targeted returns on investment. "It's the project that's most important to me. If I know I'm going to make a profit, and I know what I'm going to do, that's fine."

That willingness to accept and embrace lower profit margins may explain much about how he hopes to succeed where Tulsa's river tax supporters fell short.

Because he was using his own money and wasn't dependent on partners, he could decide to spend more money on the quality of the materials, and he could step out with an idea like RiverWalk Crossing and just get it done when everyone else said it couldn't be done without public subsidy.

Someone like George Kaiser or John Kelly Warren has the ability to tolerate financial risk. That risk tolerance makes it possible for someone like that to build a commercial development along the river that is innovative, daring, and unusual. Or they could fund redevelopment in the Pearl District or downtown. They could build projects that a conventional lender would never finance.

Tulsa County citizens win

| | Comments (21)

Thanks to Tulsa County voters for turning down the problematic Tulsa County river sales tax, there's now an opportunity, if elected officials are willing to take it, to put together an approach to river development that avoids the pitfalls of the proposal that the voters rejected.

It's likely, though, that after trying to convince voters that the false dilemma set up by the County Commissioners was a true dilemma, that their way was the only way to make our river happen, that they've convinced themselves as well. They're probably going to need some time to detoxify and deprogram themselves from their own propaganda.

The Tulsa City Council should start the process of establishing a west bank Tax Increment Finance (TIF) district. We can do private riverfront development in Tulsa the same way they're doing it in Jenks and Bixby.

The County Commission should announce their resolve to move ahead with engineering work and permitting on the two new low-water dams and Zink Dam modifications.

The story linked above quotes PMg environmental manager Gaylon Pinc:

"This is a turning point for Tulsa," said Pinc. "I've heard nothing but criticism from Tulsa residents about why we've done nothing with the river for 40 years. And now they say they don't want to do anything."

That's not true, Gaylon, and I think after a few days to come down from the intensity of the campaign, you'll come to recognize that this wasn't a rejection of the Arkansas River Corridor Master Plan, but of the tax increase and the extraneous projects in this tax package.

The issue now becomes how to proceed, since securing Army Corp of Engineers permits will require completion of engineering work. But just designing the two-low water dams and the Zink dam modifications could cost $4 million, he said - almost half the funds available through Vision 2025. Doing design work on the estimated $90 million in river channel modifications would more than consume the rest.

"Do you spend it, or hold on to that money or wait until you have enough money to build it?" he said, raising the question that county and Vision 2025 leaders now face. "Do you spend all the money you have to design something you can't afford to build?"

Yes, you do, because the County Commission asked the voters four years ago if they wanted two low-water dams and improvements to Zink Lake, and they said yes. So you pursue permitting on the dams. Once the permits are granted, we'll know how much the dams will really cost, and we'll know where we stand financially -- whether Federal dollars will be available and whether Vision 2025 revenues outstrip John Piercey's projections. If it looks like we don't have enough for those three projects, that's the time for the County to come back to voters and ask for enough to finish the job, just like Oklahoma City asked for a MAPS tax extension to finish the MAPS projects.

As for the $90 million for channel modification, if Pinc and others feel that it is worthy of incorporating in the ARCMP, that concept needs to be put through a process for consideration as an amendment to the ARCMP, a matter that would be decided by the planning commission, County Commission, and City Council.

The people who were at the No River Tax watch party tonight at Sadie's aren't against river development. I feel certain that everyone there would be willing to work with the elected officials and civic leaders who supported the tax to develop a plan that moves river development forward without forcing a tax rate increase.

MORE: Ted Streuli writes in the Journal Record that Jenks will bypass Tulsa, and we're all short-sighted, just like when we rejected the aquarium. What he doesn't tell you is that the City of Tulsa park board and Mayor Susan Savage put the kibosh on a Tulsa Aquarium on the river, not the voters of Tulsa. He also doesn't seem to be aware that this was a county-wide vote.

And Bobby of Tulsa Topics cheers the victory and hands out laurels to the victors: "Tonight, I actually have a glimmer of hope for Tulsa. Instead of taking the flim flam spin of the PR Meisters hook, line, and sinker, you actually decided giving a blank check to our wondrous County Commissioners may be a less than optimal use of your tax dollars. Tulsa County voters..... I salute you!"

UPDATE: Steve Roemerman has pictures from the No River Tax watch party (raise the roof!) and explains why it's time to stick a fork in Randi Miller's political career.

UPDATE 2007/10/10, 8:00 p.m.:

Jeff Shaw draws from a personal anecdote to think about the gap between the yesses and noes yesterday:

Tonight in Tulsa, there are people living in and around the neighborhoods where the Honorable Mayor resides and other affluent areas, scratching their heads and wondering: "Exactly how did this wonderful idea of improving the river get away from us?"

I'll share with you a couple of my thoughts....

If you've ever had to send your child to Cleveland Middle School, or Gilcrease, or Monroe, or McClain, or any of their really crappy feeder schools, you might not worry too much about whether some YP will be able to kayak through the man-made fjords of the new and improved Arkansas River, built, by the way, especially for YP's.

Stan Geiger thinks this is a bigger victory than the point spread indicates:

The yes camp had to have spent over a million bucks on TV ads. The no camp ran none. The yes camp virtually owned the free airspace, too. No local station held any bilateral forums on the matter. For George Kaiser to show up in front of a camera was akin to a vampire walking in the noonday sun. Nonetheless, KOTV gave him an uncontested platform from which he preached his sermon. Hanson was allowed a solo as well. The list of public endorsers read like a who's who. And the big, daily newspaper gave itself in total to the pro-tax crowd.

In spite of all that, the measure failed. The mouse vanquished the elephant. Substance defeated style.

This is the first contested tax election I can remember where there was not even one televised debate, and even the joint appearances at community forums were billed not as debates but "informational meetings," designed to prevent one side from directly challenging the assertions of the other side.

David Schuttler has a photo essay of some of our existing river parks, pointing out that we're not doing a very good job of taking care of the "gathering places" we already have. But you can still see plenty of wildlife -- he spotted a bald eagle rather early in the season.

(And you remember correctly, David: There was a time when you could take steps up to a deck on top of the pedestrian bridge, when the bridge walkway stopped halfway across the river.)

Mad Okie has some kind words for me and (more deservedly) for the courageous elected officials who stood against the tax "for not bowing to the county and standing up and speaking up FOR their constituents."

Here's the precinct-by-precinct tally of the result from the Tulsa World. The World also has a precinct map showing where the tax passed and where it failed. It would be interesting to see a "heat map" -- indicating by depth of color the margin of support or opposition in each precinct. (I'd love to have the tools to make that kind of map myself.)

Here are some basic facts and figures and links to more information about today's election. Be sure to tune into KFAQ 1170. I'll be in studio from 6 a.m. on to talk about what the proposed Tulsa County river sales tax is and what it isn't.

Polls are open from 7 a.m. to 7 p.m.

The proposal is for a county-wide sales tax rate increase of 0.4 cents on the dollar, increasing the county's share of sales tax from 61/60ths (1.016666...) of a cent on each dollar to 85/60ths (1.416666...) of a cent on each dollar. The proceeds of the sales tax would be designated for river projects.

Here is a link to the text of the ballot resolution for the Tulsa County river sales tax, the signed and notarized commitment by the county to the voters regarding how the tax proceeds will be spent. As a backup, you can find the same text on the KJRH website.

The proponents of the tax have a website called ourriveryes.com.
The opponents of the tax have a website called notulsarivertax.com.

The Arkansas River category in the BatesLine archives has what I've written about the current proposal as well as last fall's The Channels proposal.

If you have specific questions, post a comment here or e-mail me at blog at batesline dot com, and I'll add the answers to this entry.

If I don't collapse at the keyboard, I've got maybe two River-related posts left. First, this roundup of news stories and comments and then, for the late deciders, a summary of the issue and links to key pieces that I've written.

The vote yes side has dodged all televised debates on the issue. KJRH canceled the planned League of Women Voters debate. Too embarrassed to show up, I guess.

KOTV had the story tonight about Monday's press conference by Broken Arrow Mayor Wade McCaleb and other Broken Arrow leaders, denouncing the misleading postcard that the vote yes campaign sent to voters in that city. As I write this, it's still the number one story on the KOTV website. You'll recall that the vote yes postcard featured a concept drawing with the words "Broken Arrow Riverfront." The story featured what may be Randi Miller's unintentionally funniest moment:

"Do you see how that is misleading?" News On 6 reporter Emory Bryan asked Commissioner Miller.

"No, because it not once says this is what is going to happen," Miller responded.

In addition to video of the story, KOTV has web extra video -- an extended clip of their visit with Miller on this issue, and comments by Charles Buxton, head of the Broken Arrow Chamber of Commerce.

(From down the Turner Turnpike, Charles G. Hill had a pithy response to the bogus Broken Arrow postcard.)

Fox 23 has brief interviews with two representatives from each side, responding to questions from the TV audience. The yes side is represented by County Commissioner Randi Miller and her deputy Terry Simonson. The no side is represented by State Sen. Randy Brogdon and Dr. Warren Blakney. The last video in the series of three is a critique of one of the vote yes commercials, debunking their claim that the tax will improve the roads that lead to the river.

(While I have the chance, I plan to download all the TV spots and other video content on the "Our River Yes / Rock the River" YouTube account. You might want to do the same, using a tool like KeepVid. That'll be useful no matter which side wins tomorrow. Campaign videos have a tendency to disappear quickly.)

You can watch the two hour Tulsa Now forum on the river tax featuring financial adviser John Piercey and PMg environmental manager Gaylon Pinc on the yes side, and City Councilor John Eagleton and Colin Tawney on the no side.

While notulsarivertax.com is the official opposition website, someone anonymous has set up a well-organized site called Enough Is Enough. I hesitated to link to it, because the webmaster wouldn't identify him/herself, which can sometime mean unpleasant surprises later, but it's turned out to be an attractive and colorful site explaining why this tax should be voted down.

Now, some blog comments from hither and yon:

Steve Roemerman sets forth his reasons for voting no...

...as does Notes from Polecat Creek:

Typically, Notes From Polecat Creek is positive in its' endorsements of public works projects and the taxes needed to pay for them. However, this one is a little too grand, smacks of making a few developers and contractors very rich and doesn't seem to recognize the fact that Tulsa has a backlog of road, sewer and other less glorious projects whose last price tag was estimated to be in the near one billion dollar range in total.

Dan Paden hasn't changed his mind:

I know little of how the proposed low-water dams would work. I know little of what the Corps of Engineers has to say about the proposed river development. What I do know is that history gives me precious little reason to believe that these "investments" will pay off as promised, or that the taxes funding them will ever actually be allowed to expire.

Dan also takes issue with the claim that our improving economy can be credited to Vision 2025:

I'm not at all certain that it is so simple to sort out just why Tulsa's economy has improved. It seems to me that there are other factors involved--like an economy that is improving nationwide--improving nationwide, ironically, in large part due to tax cuts. I also seem to recall our economy improving statewide--in large part due to rising oil prices. There are other things, like certain legislative developments statewide since 2003, that make me think attributing Tulsa's improved economy to Vision 2025 isn't quite the slam-dunk [so-and-so] seems to think it is.

Anyway, Dan, John Benjamin says we're drifting and in need of a transformative event, so Vision 2025 must not be all that after all.

This is from a while back, but worth mentioning: Randi Miller's claims that the City of Tulsa has a $200 million pile of money for streets just sitting there but there aren't enough contractors to spend the money. Ken Neal had a conflicting version of that at the All Souls event, saying the problem was that the city wouldn't raise the millage soon enough to be able to sell all of the bonds that have been approved.

Mad Okie has his top 10 reasons for voting no including:

County gov't has no business collecting sales tax. As the cities grow, [counties] have less to take care of, they shouldnt be growing!

David Schuttler has restarted his blog, using WordPress, and in a photo-illustrated entry wonders whether Branson Landing is really the sort of thing we want on our riverfront because of its "disconnection with the water":

Last night I decided to take some pictures from the water side of the Landing and a few others. When you really think about it, Branson Landing would probably get the same result if it had been built in a different part of Branson.

I wondered about the same thing last December:

It was odd, though, that here was this waterfront development, and yet the water was mostly hidden from view. Only seven retail spaces--all restaurants--face the lake. The boardwalk which runs alongside the lake mainly faces the backs of shops and a service road. While having shops facing each other across a narrow street is good urban form--pedestrians feel enclosed rather than exposed--I would hope that a riverfront retail development would have more frequent vistas to the water, at least one every hundred yards (the width of a downtown Tulsa block), and that there would be retail spaces on the waterfront.

There's an Our River Yes blog, but it's perhaps more accurately described as "our river, yes, but this sales tax increase, no."

Jason Kearney explains the reasons for his no vote, reacts to the Hanson brothers' endorsement of the tax increase, and relays a bit of wisdom from (wait for it) Randi Miller:

"Under no circumstances should sales tax exceed current levels."

Asks Jason: "Ms. Miller, what happened that you changed your mind?"

Michelle predicts that if we say no, this won't be the last attempt at passing a river tax. And her husband Mark, a newly-minted blogger, has had quite a bit of his own to say about the river tax and our local government officials. Two I liked in particular:

There is Good In Our City, and
If You Really Loved Me You'd Say Yes -- will the County Commissioners respect us in the morning?

This ploy reminded me of a high school kid trying to score with his girl friend. I could've sworn I saw a football jock with his cheerleader honey in the back seat of his car..."But Honey, if you love me you'll say yes" Anybody with an ounce of life experience knows what the jock really wants. It's the same with our city; the leaders won't respect us any more than the cheerleader's "boyfriend."

Finally, Jeff Shaw provides us with our "moment of zen" in the form of a photo with an interesting juxtaposition of sign and skyline. And Jeff asks:

Which side wins? Will it be platitudes, silly unmeasurable promises, threats of drying up money and cute pictures? Or will it be facts and figures?

Here's the audio from Sunday's forum at All Souls Unitarian Church on the Tulsa County river sales tax. The panelists were, from your left, Michael Bates of Urban Tulsa Weekly, Ken Neal of the Tulsa World, Kevin Stubbs of the U.S. Fish and Wildlife Service, and Jenks Mayor Vic Vreeland. Former KOTV moderator Clayton Vaughn was the moderator. The MP3 file is about 50 minutes long, about 5 MB in size.

DW_S0100-20071007-AllSoulsRiverTaxForum.mp3

I'll try to summarize it later. The audience, estimated at around 100, asked good questions, and the debate was substantive. A friend in the audience judged the crowd's reaction as indicative of a 50-50 split, which, if true, is amazing considering All Souls' location (in Maple Ridge near the river). I received some nice compliments afterwards from some of the members, including one lady who said I swayed her vote, had a constructive conversation about TIF districts, and was urged by a psychologist to modulate my self-assurance -- being too confident about the answers could make people push back. I agreed with him that I was a bit too aggressive at the beginning, but managed to tone it down, I think.

(Any suggestions for a way to embed an MP3 so that you could listen without downloading the whole thing first?)

John Benjamin, the former Tulsa City Councilor who left town for Bixby, the prototypical member of the Cockroach Caucus, on the wrong side of nearly every local issue (most recently pushing for the recall of Jim Mautino and Chris Medlock), has spoken out on the river tax. No surprise here; he's voting yes, evidently because all the money we spent on Vision 2025 didn't do the trick.

Fellow Tulsa County voters, greater Tulsa is drifting and needs a transformative event to trigger our resurgence. We need economic stimulus, infrastructure improvement and restoration of our sense of community and pride in our physical appearance.

I can't find where Benjamin made this argument four years ago, but plenty of other spokespeople did, and I don't recall Benjamin speaking up at the time to say that Vision 2025 wouldn't be sufficiently transformative.

Reminds me of something Randi Miller said at a Republican club meeting last month, as reported by Steve Roemerman:

One of the things I've heard her say on this and other occasions is "I wanted to do the river during Vision 2025, but we did not have a plan in place." She is admitting that she knew, in 2003, that development of the river is what was needed to spur Tulsa's growth. She knew that our real vision for Tulsa was the river, but she decided to support 2025 anyway. It was said that something had to be done, and that this was our opportunity to help Tulsa grow, and this was the tax package to do it. But now she is trying to sell us on the idea that 2025 was some how deficient and the river is the real opportunity for growth? I now hear the same rhetoric as before: something has to be done..this is our one opportunity and if we don't pass this tax Tulsa wont grow. Well excuse me if I don't buy it. If Randi knew this needed to be done in 2003, she should have shown real leadership and fought Vision 2025. I have to say it would be a much easier sell if we were not already over-burdened with the 2025 sales tax.

Benjamin gets a bit off-message in trying to minimize the cost to a typical household:

As voters we can make great strides in our river development by approving a limited seven year, 0.4 percent tax increase that each month amounts to about the price of a movie ticket for a family of four.

I think he meant to say that a family of four would sacrifice the price of a single movie ticket each month, but it comes across as, "You're going to have to cancel your monthly family movie night so you can pay for this tax." It's not as bad as that -- the family can still go, but dad will have to stay home.

I wasn't familiar with this idiom with which he starts a paragraph:

Least I mention Oklahoma City?

Anyone want to parse that for me?

Roscoe Turner, Tulsa's most believable city councilor, drills for the truth, in an open letter to bored Tulsa hipsters:

Those who believe the Tulsa metropolitan area has nothing to offer and must spend tax dollars developing the river to keep our young professionals entertained must be socially challenged. There are so many things to do in the Tulsa area that some have to plan and schedule weeks and months ahead of time to make sure they don't miss those activities in which they are most interested. But, for those nay-sayers who think there is nothing to do around here, I've pulled together the following list of great things to do in the Tulsa area:

1. Catch a TU football game at Chapman Stadium (formerly known as Skelly Stadium)

2. Check out a 66ers basketball game at the historic Fairgrounds Pavilion

3. The Tulsa Opera is going into its 60th year in Tulsa

4. The Tulsa Ballet has been declared one of the best in the world

5. The Old Lady On Brady is a great place to find a concert

6. Tulsa's floating amphitheatre usually has a movie night

7. Octoberfest

8. Mayfest

9. When was the last time you were at the Tulsa Zoo?

10. The Oklahoma Aquarium

11. Enjoy a play at Tulsa's Little Theatre

12. Don't forget Discoveryland

13. Eat fresh and buy local at the many community Farmer's Markets

14. Visit one of the area Herb Festivals

15. Shop the antique markets

16. Play a round of golf at one of the many area courses

17. Watch the Golden Hurricane play basketball at the Reynolds Center

18. Hike a trail at the Oxley Nature Center

19. Stay in shape walking or riding your bike on one of the many area trails

20. See what's happening at the Oklahoma Jazz Hall of Fame

21. Try your luck at Cherokee, Creek or Osage Casinos

22. Grab a concert at the Osage event center

23. Take a trip down Route 66

24. Walk through one of the many shows at the Quik Trip Center (formerly known as the Expo building)

25. Dine, shop, or see a movie at the Riverwalk

26. There's always something to see at the Bass Pro Shop

27. Tulsa Drillers

28. Tulsa Talons

29. Tulsa Oilers

30. Gilcrease Museum

31. Philbrook Museum

32. Tulsa Air & Space Museum

33. The American Theatre Company always puts on a great production

34. What's going on at the Tulsa Convention Center?

35. And soon, very soon-or so we're told, you can see SOMETHING at the new BOK Arena

Once you've made your way through this list you can start at the top and work your way back through it. This by no means is an exhaustive list of the wonderful things there are to do in the area, but it's a great start for those who have decided that they are bored and want the rest of us to foot the bill for their entertainment. There are many hard-working people who live paycheck to paycheck; many elderly who worked their whole lives to retire on a very limited income, these people cannot afford to pay more taxes for your entertainment - especially those who live in areas of Tulsa where the city has made promises and reneged on them time and time again.

So, get out and spend some of your young professional money and generate some tax revenue, and before long we will have the money to fix the streets, open swimming pools and recreation centers at our community parks, mow the grass in all areas of the city, fix broken water lines and provide public safety by hiring more police. Then maybe, just maybe, we can take a look at doing something with YOUR RIVER.

Roscoe H. Turner

I'll add three things to Councilor Turner's excellent list -- make a point to visit the following websites, on a regular basis, to learn about even more interesting things to do and places to go around Tulsa:

Last Thursday night, I was invited to a forum for the University of Tulsa's Earth Matters group. Steve Smith, who used to run an airboat on the Arkansas River, and attorney Rania Nasreddine spoke in support of the Tulsa County river sales tax, and I spoke against, as did Dan Weber, a student and member of the group.

Dan read out several passages on the nature and ecosystem of the Arkansas River from the Arkansas River Corridor Master Plan and from the U. S. Fish and Wildlife Service and the Arkansas River Coalition. Here are links to Dan's references, for your further reading on the issue of the proposed river projects and their impact on the creatures who live in and along the river:

U. S. Fish and Wildlife Service: Federally Listed Threatened and Endangered Species in Oklahoma

(Threatened and endangered species that may be affected by changes to the Arkansas River include the bald eagle, the interior least tern, the piping plover, and the American burying beetle.)

The Arkansas River Coalition, which has among its goals to "[p]romote clean water and a healthy natural habitat along the river and its tributaries and [p]romote improved natural areas with a good mix of recreational space."

The Arkansas River Corridor Master Plan includes a habitat assessment in chapters 4 and 5 of the Phase II plan (note: this is a 38 MB PDF).

I've never been that interested in ecology, and have been as prone as any good right-winger to pooh-pooh the "environmentalist wackos" who hold up public works projects out of concern for some seemingly insignificant species, but I found the following quote in one of the Fish and Wildlife Service documents from Aldo Leopold. It contains a sentiment that resonates with me as a conservative and an engineer.

The last word in ignorance is the man who says of an animal or plant, "What good is it?" If the land mechanism as a whole is good, then every part is good, whether we understand it or not. If the biota, in the course of aeons, has built something we like but do not understand, then who but a fool would discard seemingly useless parts? To keep every cog and wheel is the first precaution of intelligent tinkering.

As a social conservative and an amateur student of cities, I'd say the same is true of social conventions and the urban fabric.

UPDATE: Be sure not to miss the op-ed in Saturday's Tulsa World by Jerry Brabander, field supervisor for the U. S. Fish and Wildlife Service, who writes:

The Sept. 30 Tulsa World Opinion page contained several opinion pieces and reader responses related to the proposed plan. Questions and answers presented by World staff included information related to potential impacts to river habitat, wildlife in general, least terns, eagles and river flows.

In our view, some of the answers were inaccurate. We support an organized plan for the Arkansas River that minimizes impacts to fish and wildlife resources, but the proposed plan is largely conceptual and does not include details about how impacts would be addressed, minimized and mitigated.

For example, the potential impact on the river's habitat and wildlife has not been studied extensively. The only existing fisheries study, conducted by the Oklahoma Department of Wildlife Conservation, indicates that the effects of low water dams (LWD) on fish could be substantial. Building new tern nesting islands (to replace the four to six tern nesting areas that would be flooded or affected) in the created lakes would not be effective, if the terns don't have adequate forage fish to eat. Similar questions exist concerning effects on nesting and foraging bald eagles.

The proponents of the Tulsa County river sales tax are claiming that billions in private development hang upon the outcome of Tuesday's vote. Specifically, they're claiming that the $1,000 million "River District" project in Jenks, the $500 million "Tulsa Landing" project proposed for the west bank at 21st Street, and the $50 million South Village development in Bixby are all dependent on passage of the tax.

South Village is on a part of the river that won't be modified by any of the projects in this tax. The project will be the beneficiary of a $5 million rebate of sales taxes from the City of Bixby. The linked World story doesn't say, but I would assume that this is being done by means of a Tax Increment Finance (TIF) district. The developer spends money for site preparation up front, then is reimbursed for those expenses by the increase in sales taxes generated within the TIF district. The linked story quotes developer Tim Remy saying that his project is not dependent on the proposed Tulsa County river sales tax.

River District in Jenks would have some frontage along the lake created by a low-water dam south of the Creek Turnpike bridge, but developer Lynn Mitchell has said that the project will go forward regardless of the outcome of the sales tax vote. The 330 acres has already been purchased. The Jenks City Council has given preliminary approval to a TIF District, and the Jenks school district, one of the key taxing bodies which must approve a TIF, has expressed its support.

Under the TIF plan, some of the increased tax revenues generated from developments within the River District would be transferred to the developer to cover approved expenses....

City Attorney Stephen Oakley said expenses qualifying for reimbursement would include floodplain and riverbank stabilization, roads, utilities and gas lines....

"I think it's the way a TIF district should be done -- it's entirely performance-based," Mitchell said. "We go in and pay for all the infrastructure out of our own pocket and then we come in and build the value up on the property by putting up buildings." ...

How will it work?: The proposed TIF district now generates about $13,000 a year in property taxes, which will continue to be collected and distributed, Oakley said.

The developer would be reimbursed from city sales tax revenues generated in the district and from increased property taxes as the development becomes more established, Oakley said. Jenks has a 3 percent city sales tax; the developer would receive one-third of that money, or one cent on every dollar of sales.

"They'll have certain items that qualify for reimbursement," Oakley said. "It's pay as you go. We're not bonding or advancing funds for any of it. It's all dependable on what the development generates out there."

That leaves the west bank development proposed by the developer that built Branson Landing, but that project isn't dependent on any of the "water in the river" projects or specifically on Tuesday's sales tax package, but on the availability of a large enough piece of contiguous land. As we've discussed, a TIF district can be used to fund land acquisition and other site preparation that would be needed for that development.

Since none of the big commercial development projects require passage of Tuesday's Tulsa County river sales tax to move forward, and in fact two of them are already moving forward, it's disingenuous for tax supporters to count any of those amounts as private investment that would be "generated" by this $282 million public "investment." Those who are including these amounts in their "private-to-public" ratio calculations in order to justify their support for a tax increase are standing on thin ice.

But what I'm really wondering about tonight is how they figure the value of these commercial projects. Riverwalk Crossing Phase I was described by leasing agent Doug Walman as a $26 million project. The proposed Tulsa Landing site, for example, is about 6 or 7 times bigger than Riverwalk Crossing, so how does that development manage to be 20 times as pricey? That's not a rhetorical question; I'd really like to know.

From a January 11 press release from then newly installed County Commissioner Fred Perry, regarding a county river authority and riverfront commercial development (emphasis added):

Perry said that he believed that public money should only be spent on infrastructure that "cleans up the river and the river bank and/or puts more water in the river and possibly other structural improvements to the river itself. If that is done, private developers and philanthropic individuals and foundations will facilitate the development as they would in any private sector endeavor."

In a related area, Commissioner Perry said, "At the suggestion of Skiatook developer Ron Howell, I visited Branson Landing last October. Shortly thereafter I met with Rick Huffman, along with Commissioner Miller and Mr. Howell, and encouraged him to seriously consider Tulsa. Subsequently he came to Tulsa, toured the river and began talks with the City of Tulsa regarding a site within the City of Tulsa. The Branson project is extremely impressive and something similar would be great for Tulsa whether or not more comprehensive river infrastructure work takes place. I stand ready to help as it relates to any potential development in Tulsa County," Perry said.

Of the funding package that Fred Perry voted to put on next Tuesday's ballot, more than $100,000,000 would going to projects that don't fit the criteria he set out in January for the appropriate use of public money: The $57.4 million site acquisition / bridge improvements / river studies / whatever fund, the two pedestrian only bridges, and the downtown connector.

The main topic of that press release was Perry's objection to the creation of a Tulsa County authority to oversee river development. Such an authority would be created if next Tuesday's vote is approved.

I made reference in this week's UTW column to the review process to which "The Channels" proposal (12-mile-long lake, islands in the river, removal of the west bank between 11th and 21st) was subjected last fall, a process that was skipped for the many projects in next Tuesday's sales tax vote that are not in the Arkansas River Corridor Master Plan (ARCMP).

Last fall when The Channels were proposed, officials set up a three-month-long process to study the proposal and consider whether it should be incorporated into the ARCMP. It was described as "an expeditious but rigid technical review."

There were several technical committees examining the impact of The Channels proposal on the ecosystem, including stormwater drainage and endangered species. In the course of the process, many new concerns came to light, issues that might have been lost in a rush to the ballot.

A fifty-member advisory committee would have decided whether to recommend The Channels for incorporation into the ARCMP. Then the matter would have been considered by the Tulsa Metropolitan Area Planning Commission, the Tulsa County Commission, and the Tulsa City Council, as an amendment to the ARCMP and the Comprehensive Plan.

All of these steps had to be completed before the County Commission would submit a tax package for The Channels for voter approval.

INCOG had had a timeline for the review process on its website, but it's long since disappeared. I had transcribed the Channels timeline into an entry, however, so that people could look at the timeline without having to download and open a PDF.

It transpired that the timeline wasn't adequate. Advisory committees wanted questions answered, and the process of answering them took too long to meet the planned November 1 date for a TMAPC public hearing on the project.

Still, it's noteworthy and praiseworthy that there was a formal review process, and the parties involved took it seriously enough to give the process the time it required. I still don't understand why this process was skipped this time around.

At Thursday night's TU Earth Matters forum on the river tax, Kirby Crowe of PMg said I was incorrect in placing the "downtown connector" in the category of projects on next Tuesday's ballot that are not found in the Arkansas River Corridor Master Plan (ARCMP). He's right: I had overlooked this brief mention on p. 117 in section 8.4.4 (Area/Site Plan), part of section 8.4 (Zink Lake Riverfront).

Connections to Downtown: As discussed earlier in this study, the Zink Lake area has excellent proximity to downtown Tulsa. There are tremendous opportunities for natural benefits between the central business district and this key section of the riverfront. Boulder Avenue and Denver Avenue provide strong linkages between the Arkansas River and downtown Tulsa. There is also potential for a trolley that will link key downtown and riverfront attractions. Another important connection between the Zink Lake riverfront district and downtown is planned near the proposed Route 66 Center and Plaza. As illustrated in Figure 8.4-2, the planned Centennial Walk will provide a pedestrian linkage to the southwest corner of downtown Tulsa. To futher enhance the appearance of downtown at its prominent southwest corner, the Master Plan proposes the replacement of the unattractive sloped concrete wall that is adjacent to the Tulsa Regional Medical Center. By creating terraced landscape planters in this highly visible area, a much more attractive gateway to downtown Tulsa and Zink Lake is achieved.

Here's theTulsa County river sales tax ballot resolution language that refers to "connectors from downtown":

Bridging East and West Arkansas River Banks and Downtown, including but not limited to pedestrian River crossings at 41st Street and 61st Street ($30 million), and connectors from downtown Tulsa to the Arkansas River and transportation corridor studies ($15 million).

It might be most accurate to put this $15 million into the "it depends" category, like the $57.4 million for "Arkansas River corridor land acquisition, infrastructure, bridge improvements and site development, and Arkansas river studies for Tulsa, Broken Arrow, Jenks, Sand Springs and Bixby." "Including but not limited to" opens the door for spending the money on items that aren't in the ARCMP, and it's hard to believe that the cost of modifying the TRMC retaining wall and putting in Centennial Walk sidewalk pavers is going to approach $15 million.

Still, in the interests of accuracy, there is a brief discussion of connectors between the riverfront and downtown in the ARCMP.

We've won the argument. They're reduced to saying, "Voting yes is positive, voting no is negative. And you wouldn't want to be negative, right?"

At the TU Earth Matters forum, the vote yes side didn't bother refuting the factual points I've raised, but they dismissed them as poking holes. Anyone can poke holes in anything, they said. They even dragged out the old "N" word -- "naysayer". When you use the word "naysayer," you've given up on winning the argument, and you're treating the audience as a mindless mob that you hope to sway.

The latest TV ad -- stark black lettering on a white background -- says that Tulsa County wasn't built on "no," and that young adults prefer cities who say yes.

I don't know about that, but I know that young adult males prefer young adult females who say yes. (But only up to a point; a "girl who cain't say no" tends to be used and discarded by the men in who flit in and out of her life. Consult this book for details. And plenty of "cities who say yes" have found themselves treated in a similar way by the big companies and sports teams they've said yes to. Find 'em, fleece 'em, and forget 'em.)

Casinos prefer gamblers who say yes. Vacation timeshare salesmen prefer people who say yes to buying a week's worth of condo. Saying no cuts into their bottom line.

You have to say no to the wrong things in order to have the opportunity to say yes to the right things.

A lot of "no" went into building Tulsa County. Building a successful business, building a stable family, building institutions like churches and schools and political parties and civic clubs all require saying "no" to one's own tendencies to slothfulness and selfishness.

George Kaiser, I suspect, is a man of self-discipline and self-denial. He built his life, his family, and his business on saying "no": No to blowing off homework. No to getting drunk and sleeping through his Harvard classes. No to abandoning his wife and children for a trophy wife. No to ruinous extravagance. No to too-good-to-be true business deals. No to bad bank loans. Those are all good noes. I'd bet he's said a lot more noes (implicit or explicit) than yesses in his life. Every yes to the right thing required at least one no or maybe many noes to the wrong thing.

Tulsa County voters have very limited options on Tuesday. The County Commissioners are only allowing us to say yes to their river proposal. If we want to say yes to a different approach to financing and developing the river, we must first say no to the one on Tuesday's ballot.

Wouldn't it have been nice if they'd offered us a multiple choice?

1. TULSA COUNTY VOTE: The low-water dams -- two new, one old. (I'll take their word that the three dams work as a system.)

(A) Use the Vision 2025 money you already have to fix Zink Lake and to proceed with engineering and the permitting application on the other two dams. Once you get the permits (if you get them), you can come back and ask us for more money (assuming we don't have enough in Vision 2025 and haven't received that Federal $50 million).

(B) Raise our county sales taxes now by four-tenths of a cent for 18 months to fund the dams.

(C) Raise our county sales taxes now by that annoying 1/12th of a cent for seven years to fund the dams.

2. CITY OF TULSA VOTE: The living river and the kayaking area. (The kayaking area seems to have been lumped in with the Zink Dam modifications. It's not entirely clear.)

(A) Raise our city sales taxes by (appropriate amount and duration) to pay for these projects.

(B) Not now.

3. CITY OF TULSA VOTE: West bank land acquisition and preparation.

(A) Raise our city sales taxes by (appropriate amount and duration) to buy and prep the land.

(B) Use a TIF district (no tax rate increase) to fund buying and preparing the land.

(C) Don't do either.

4. CITY OF TULSA VOTE: 41st St bridge.

(A) Raise our city sales taxes by (appropriate amount and duration) to build a $15 million "Cadillac" pedestrian bridge

(B) Raise our city sales taxes by (appropriate amount and duration) to build a $5 million "Chevy"
pedestrian bridge

(C) Raise our city sales taxes by (appropriate amount and duration) to build a $20 million traffic and pedestrian bridge at 41st St. (ARMCP chapter 10 estimate from 2005 was about $13 million for this kind of bridge.)

(D) None of the above.

5. CITY OF TULSA VOTE: 61st St bridge.

(A) Raise our city sales taxes by (appropriate amount and duration) to build a $15 million "Cadillac" pedestrian bridge

(B) Raise our city sales taxes by (appropriate amount and duration) to build a $5 million "Chevy"
pedestrian bridge

(C) None of the above.

6. CITY OF TULSA VOTE: Downtown connector

(A) Raise our city sales taxes by (appropriate amount and duration) for $15 million to explore and maybe build or maybe just study a "downtown connector," whatever the heck that is.

(B) Raise our city sales taxes by (appropriate amount and duration) for $2 million to explore and maybe build or maybe just study a "downtown connector," whatever the heck that is.

(C) None of the above.

The private donors could have then decided which of the outcomes were necessary conditions for their donations. The proponents and opponents could have presented voters with the pros and cons for each proposition.

The choices above would allow voters to say yes to some choices and no to others. I count about 78 different ways to say yes to river development, and one way to say no to everything.

The County Commissioners have once again set up a false dilemma: We can't get what we want unless they get what they want.

You want funding for research centers at our state college campuses? You want to update the convention center? You can't have either of those things, we were told four years ago, unless you vote to build an arena.

There are other ways to create the kind of places we all seem to want on the river. There are ways to "make our river happen" that don't hinder the ability of cities to finance basic public services. There are ways to "make our river happen" that don't raise tax rates.

The reason we weren't offered those alternatives is because they don't give County Commission what they want -- control of that four-tenths of a cent that Tulsa County voters approved for the Boeing 7E7 final assembly plant, a tax that never went into effect because Boeing stayed in Washington state. The county wants to tie up that money before the municipalities get hold of it.

Meanwhile, the construction companies want a plan that includes as much excavation and concrete pouring and heavy construction work as possible. A plan that just finishes the promised low-water dams doesn't accomplish that.

I can't read his mind or his heart, but I suspect Mr. Kaiser was after a plan that would build the concept developed by Bing Thom and the other consultants that were paid by his foundation, with the pedestrian bridges and the channelization of the river. A plan that only has what Tulsans seem to want most -- the low-water dams and a commercial promenade on the west bank -- doesn't accomplish his vision.

If saying no makes you a naysayer, the real naysayers in the current situation are the County Commissioners who said no to viable alternatives that were brought to their attention before they scheduled Tuesday's tax increase election. They chose to say no, not just to the alternative approaches, but no to the people who brought them forward. They chose to trust completely those people who said there's no way to make the river happen without raising county sales tax. They chose to dismiss alternatives out of hand and to turn their backs on the erstwhile supporters who offered them.

If saying no makes you a naysayer, George Kaiser is a naysayer, too. In person and through representatives, he was informed of the problems with his proposal and was offered alternative approaches that avoided those problems. He was evidently satisfied with the bargains he had struck with various officials and interest groups, so he said no to exploring the alternatives.

Credible alternatives are inconvenient to the proponents, because the existence of a credible alternative demolishes their carefully crafted false dilemma -- the illusion that the only choices are their way or not at all.

Jay Cronley asked in his column yesterday, "How will a No vote help the community or anybody in it?"

A no vote gives Tulsa County a chance to craft a river development plan that balances the desire to do something on the river with other civic needs.

Now these were more noble-minded than those in Thessalonica, for they received the word with great eagerness, examining the Scriptures daily to see whether these things were so. -- Acts 17:11, NASB

The verse above describes the people of Berea, in Greece. After Paul the Apostle and his companions had been chased out of Thessalonica, they came to Berea and began preaching in the synagogue there. Rather than persecute Paul, they heard him out, and they did their own investigation to see whether the things Paul said were in the Hebrew scriptures concerning the Messiah really were there.

I saw the spirit of the Bereans at work Thursday morning in Rich Fisher, host of KWGS's Studio Tulsa.

Former street commissioner Jim Hewgley and I were in the KWGS studio yesterday morning to record a show that is airing today at 11:30 a.m. and 7:30 p.m., regarding our opposition to the proposed Tulsa County sales tax increase for river projects. I always enjoy being on the program. Rich is a capable interviewer, saying just enough to elicit interesting information from his guests and asking the kinds of questions an intelligent listener would ask.

Early in the program, about four minutes in, I was pointing out that most of the money in the package on next Tuesday's ballot is not in the Arkansas River Corridor Master Plan, and that the "living river" and the 41st and 61st Street pedestrian bridges came from the work Bing Thom did for the George Kaiser Family Foundation.

Rich felt certain he had seen the pedestrian bridges in the master plan on INCOG's website. So he actually reached over and stopped the computer program that was recording us. He didn't want to put my statements on the air if he wasn't certain that they were true.

So he went to the INCOG website, went to the Arkansas River Corridor Master Plan page, and opened the file containing section 8 of the Phase II plan (warning -- very large PDF), which contains the nitty-gritty details. He acknowledged that I was correct, and we went on with the show.

Here's the audio from the show. You will hear the break about four minutes in, just before Rich Fisher, chuckling, says, "You've made your point." I only regret not pointing out on air what had just transpired, because listeners might think he was just getting me to move on to something else rather than conceding my point about the ARCMP.

Download StudioTulsa-20071004-16kbps.mp3

Weekend events

| | Comments (0) | TrackBacks (0)

Early voting ("absentee in-person") begins today. You can cast an absentee ballot Friday and Monday from 8 a.m. to 6 p.m. at the Tulsa County Election Board, 555 N. Denver, just north of I-244. (It's in an old Safeway supermarket.) If there's any chance you might not be able to get to the polls on Tuesday, take advantage of the opportunity to cast your vote early. (See the Oklahoma State Election Board website to learn more about absentee voting in Oklahoma.

(In case you were wondering, as I was, Saturday early voting is only available for Federal elections.)

For bloggers, the Okie Blogger Roundup is Saturday, 4-6 at Hideaway Pizza on 15th Street.

Sunday morning at 10 a.m., I'll be speaking at All Souls Unitarian Church, 29th & Peoria. Other panel members will be Ken Neal, senior editor at the Tulsa World, Vic Vreeland, Mayor of Jenks, and Kevin Stubbs of the U. S. Fish and Wildlife Service. Former KOTV anchor Clayton Vaughn will be the moderator. Strictly speaking this is a church event, not a public meeting, but I suppose it would be as open to visitors as any church service would be.

Sunday afternoon at 3 p.m., Johnny Rivers will be at the Tulsa State Fair singing "Secret Agent Man," "Memphis, Tennessee," and "The Poor Side of Town" among other hits.

Meanwhile on the north side of town, there will be a river tax debate and rally at Rudisill Library, just north of Pine on Hartford Ave (which is halfway between Cincinnati and Peoria).

According to the press release, City Councilors Jack Henderson and Roscoe Turner, State Sen. Randy Brogdon, Warren Blakely, and others will be speaking in opposition to the river tax. State Sen. Judy Eason-McEntyre and State Rep. Jabar Shumate will be speaking in support. The release says that Mayor Kathy Taylor and County Commissioner Randi Miller were invited to speak, but Taylor declined the honor.

There will be a vote no rally Monday at 5 p.m. at the vacant Albertson's at Pine and Peoria.

NOTE: Thursday morning, former Tulsa street commissioner Jim Hewgley and I will be on Studio Tulsa on KWGS 89.5. The show will air at 11:30 a.m. and 7:30 p.m., and a podcast will be available, which I will link here.

Did you know that next week's Tulsa County sales tax vote includes money to excavate bedrock beneath a four mile stretch of the Arkansas River? That's according to a statement made by Jean Letcher, campaign manager for the pro-tax campaign.

It was on a Studio Tulsa program that aired on October 24, 2006, an interview with Canadian architect Bing Thom, that we heard the first inklings of the plan that we will be voting on next week. Thom was talking about his work for the George Kaiser Family Foundation and mentioned pedestrian bridges at 41st and 61st and "theming" the river, ideas that aren't in the Arkansas River Corridor Master Plan, but will require most of the $282 million in the proposed Tulsa County sales tax.

When the "living river" notion was mentioned at the end of June, when the Kaiser / Thom plan was unveiled, and lobbying began to get the plan funded through county sales tax, I assumed that the $90 million "living river" -- narrowing the flow of water south of 31st Street to create a more constant stream -- would be implemented using wing dams. Steve Smith, who used to run airboat tours on the river, introduced me to the idea last September:

The river's flow can be directed and improved to create recreational opportunities--wing dams, for instance, which extend only part of the way into the river, can be used to direct the flow of the river to scour out a central channel, which is also less prone to sediment build-up because of the faster current.

Sand would build up behind the wing dams, which would create areas that could be used like many of our stormwater detention areas--a recreation space during normal conditions, but open to carry flood waters when needed.

This kind of dam, used to create a very narrow waterway near the PSO plant at 31st St. on the west bank of the river, for instance, is responsible for the existence of the Tulsa Wave, considered to be the best kayaking spot between the Rockies and the Appalachians. A wider gap between wing dams in other parts of the river would provide a tamer current for the rest of us to enjoy.

Smith's idea was to use wing dams all up and down the river, to allow navigation along its full length through Tulsa County, rather than the low-water dams that are being proposed.

At Tuesday night's Council District 2 forum on the sales tax, someone asked about the "living river" and I began to explain and describe wing dams (although I couldn't remember the term). But Jean Letcher stopped me and said I was incorrect: Wing dams would not be used for the living river.

Letcher said that a channel would be excavated into the bedrock, beneath the sand, with the idea that the water would flow into this deeper channel.

That would explain why this "living river" is the most expensive item on the ballot. I asked Letcher if core samples had been done to check the underlying geology. She said no.

I have been told that the bedrock under the river is checkerboard limestone. It's visible near the surface at the 11th Street bridge and about 1/2 mile south near the spring on the McBirney grounds. These outcrops served as natural fords for cattle and horses and, at low water, people on foot. It's buried under sand elsewhere along the river.

I've also been told, by Bill O'Brien, who has researched the history of the Arkansas River in this area, that in 1907, a chasm opened up beneath the riverbed near 61st Street. There was a noticeable drop in the river's level at Muskogee, and it was eventually discovered that some of the river was draining into this subterranean void. I assume the void eventually filled to capacity, or perhaps collapsed in on itself, and the river returned to normal.

I know that limestone is susceptible to cave formation; I don't know if this particular kind is more or less vulnerable.

Digging into bedrock opens up questions of trapped contaminants (oil seepage from decades past), breaching or modifying the water table, and changing the local ecosystem drastically. I'd have thought wing dams would have been a much less intrusive, more gradual way to accomplish the same goals.

(A 1999 study on groundwater vulnerability by the Oklahoma Water Resources Board ranked the Arkansas River river bed as an area of "very high" vulnerability to groundwater pollution.)

That I'm just hearing about this a week before the election again points to how this plan has been rushed forward. If the same process was being used that was used last year for evaluating The Channels, there would have been time to make the public aware of these details and for committees of experts to evaluate the details for environmental and hydrological impact.

The developer of Branson Landing has announced plans for a $500,000,000 retail and entertainment complex on the west bank of the Arkansas River at 21st Street. The plans would include a 20,000 to 22,000 seat ballpark intended for a Class AAA baseball team. The deal is being described as contingent on passage of next Tuesday's Tulsa County sales tax increase. A few thoughts:

(1) The real contingency is the acquisition of the concrete plant just north of 23rd Street. The rest of the land is already owned by the City of Tulsa. Until March of this year, as part of the groundwork they laid for The Channels, the Warren Foundation held an option to purchase that property for $37 million. With the concrete plant, the City could offer potential developers nearly three-quarters of a mile of riverfront, roughly a quarter of a mile deep -- roughly 100 acres. What the City already has is two non-contiguous parcels, each with about a quarter of a mile or riverfront.

(2) We don't need to raise the Tulsa County sales tax rate in order for the City to acquire the concrete plant. Tax increment financing, authorized by Oklahoma's Local Development Act (62 O. S. 850 - 869), would provide a sufficient revenue stream to pay for acquisition of the land. A city can establish a TIF district to capture incremental property and sales tax revenues to be used within that district for a number of purposes. Those purposes are listed in 62 O. S. 854, and the list includes land acquisition. A TIF provides financing for redevelopment of an area without increasing the tax burden.

(3) A west bank TIF should generate sufficient revenue to fund land acquisition. The TIF for the proposed $1,000 million River District development in Jenks involves capturing the full ad valorem increment and one cent of the sales tax increment. (The other two cents would go into Jenks' general fund.) The Jenks River District TIF is expected to capture $220 million. Tulsa's west bank needs less than 25% of that amount.

Tulsa Hills, an $80 million retail center at 71st and U. S. 75, is expected to generate an extra $1.1 million a year in property tax and an extra $5 million in city sales tax, which should quickly repay the $13.5 million in bonds for projects in the Tulsa Hills TIF.

A west bank TIF would be aided by the fact that most of the land is City-owned and therefore does not produce ad valorem taxes, so the baseline for the ad valorem increment would be the current taxes paid by the concrete plant. There are no retail outlets currently in the TIF, so the baseline for the sales tax increment would also be low.

(4) If we do vote to give Tulsa County $282 million in additional sales tax money, there's no guarantee they'll use it for west bank land acquisition. There are no specific promises for west bank land acquisition in the ballot resolution, the signed and notarized commitment by the County Commissioners for how the tax will be used. Here is the Tulsa County river tax ballot resolution language concerning the money that may be used for land acquisition:

Arkansas River corridor land acquisition, infrastructure, bridge improvements and site development, and Arkansas river studies for Tulsa, Broken Arrow, Jenks, Sand Springs and Bixby.

There's no guarantee that any of the $57.4 million will be spent in Tulsa, much less on the west bank.

(5) 20,000 to 22,000 seats is an unlikely size for a minor league ballpark. The only AAA ballparks with that kind of capacity are Dunn Tire Park in Buffalo (opened in 1988, 20,050), Rosenblatt Stadium in Omaha (opened in 1948, 22,000), and PGE Park in Portland (opened in 1956, 19,800). Buffalo built their stadium with expansion potential, in hopes of attracting a major league expansion club or relocation. Omaha's park is home to the College World Series. Portland's park was built in the '20s and served as a football stadium and greyhound track before being adapted for baseball in the '50s.

The newest AAA parks range in capacity from 10,000 to 15,000. At 10,995 seats, Tulsa's Drillers Stadium has more seating than 13 of the 30 AAA parks. All the talk of a new park for the Drillers has emphasized that a smaller capacity is desirable.

I suppose a 20,000 seat stadium could be used as an outdoor concert venue, but with that seating capacity, wouldn't it compete with the BOk Center for concerts?

(6) Getting a AAA team to Tulsa would be exceedingly difficult. Each major league club has exactly one AAA affiliate. In 1991, Tulsa was one of five finalist cities for a new AAA club to coincide with the expansion of the National League. The winners were Ottawa and Charlotte, and the Denver team, displaced by the Rockies, moved to New Orleans. In 1998, Memphis and Durham were selected for new AAA franchises.

It's not clear whether the intention is to have Drillers owner Chuck Lamson acquire a AAA franchise and move it here. If owners of another AAA franchise wanted to move to Tulsa, there are territorial issues that would have to be resolved.

(7) Has the City analyzed the possibility of a west bank TIF, and if so, where are the numbers? If they haven't, why not? This west bank concept has been on the table for almost a year. Shouldn't the TIF possibility have been fully explored before asking the voters to increase tax rates?

This week's column in Urban Tulsa Weekly is a collection of short pieces about next week's vote on the Tulsa County sales tax for river projects, but the overarching theme is government priorities and who should set them. I explain my qualms about private foundations using their massive wealth to shift priorities for public spending, offer a thought experiment involving a café and a koi pond, point out the contrast between the rigorous review process that The Channels underwent compared to the Kaiser/Bing Thom plan that we vote on next Tuesday, and wrap up with some thoughts on speculation about a last-minute Jim Inhofe tax hike endorsement.

I made a typo in the piece, incorrectly citing the section of the Oklahoma Local Development Act that authorizes the use of TIF proceeds for land acquisition. The correct citation is 62 O.S. 854. (For you non-lawyers, that's pronounced "Oklahoma Statutes, Title 62, Section 854.") The Local Development Act starts in section 850 of Title 62 and concludes with section 869.

Also in this issue, Brian Ervin has an election preview that ties together some of his earlier stories on the proposed county sales tax's claimed economic impact, environmental impact, and fiscal impact on municipalities.

The cover story this week, for the special restaurant issue, is about pizza, all kinds of pizza all over Tulsa.

And Jessica Naudziunas has a story on the Preserve Midtown effort and their upcoming October 16 public meeting on the issues of neighborhood conservation, teardowns, McMansions, and compatibility.

I got lazy back in September and neglected to link several of my Urban Tulsa Weekly columns. The column that came out on September 12, 2007, called "Show Your Work," dealt with the economic impact estimates that were developed for the Tulsa County river sales tax by the Tulsa Metro Chamber.

Click this link to view the economic impact spreadsheet developed by the Tulsa Metro Chamber's Bob Ball. It's PDF format. (Because of the way I scanned it, you'll need to either tell Adobe Reader to rotate it 90 degrees clockwise, or roll your head 90 degrees counter-clockwise. Or you could print it out and hold it right way up.

Please note that Ball did not provide UTW with an Excel spreadsheet file, which would have revealed a great deal about how the calculations were done. Instead, he provided a printout, which showed the resulting numbers without the formulae behind them.

Back at the end of August, UTW reporter Brian Ervin interviewed Ball about the assumptions in his economic numbers. A salient quote:

Since the $2.8 billion return is the top selling point for the river tax, UTW later contacted Ball for that "simple explanation" of how he arrived at that impressive number.

The initial capital investment figure is foundational to everything else, so Ball was asked how he came up with the $450 million in private investment that he added to the public funding and private donations.

"Through conversations with some developers," he answered.

He said he couldn't divulge exactly which developers, but that none had committed any specific amount of money for any particular development projects along the river.

"They were somewhat casual conversations," Ball explained.

"But, why wouldn't they want to develop? We've already got Riverwalk Crossing," he added.

During the City Council presentation, Neal had emphasized that the $450 million is "an extremely, extremely, extremely conservative number."

Ball told UTW that he utilized the IMPLAN economic analysis model, created by the Stillwater, Minn.-based IMPLAN Group, to calculate the economic impact of that estimated $786 million investment.

This is a good place to mention that two of the three large proposed riverfront private developments that have been claimed by proponents as dependent on this plan are already committed to moving forward regardless of next Tuesday's outcome, having already obtained tax incentives from their respective municipalities. It isn't right to include them in comparing public investment in this tax vs. private investment on the river.

Remy Cos. $50 million South Village lifestyle center, planned for the south bank of the Arkansas River in Bixby is moving forward with a $5 million tax increment finance (TIF) based incentive from the City of Bixby. That will be generated by a one-cent sales tax rebate to the developer for the first 10 years of operation. None of the dams, bridges, or river modifications in the Tulsa County sales tax package on next week's ballot will affect his development.

The $1,000 million River District in Jenks is also moving forward regardless. Jenks has approved a TIF district that is expected to bring in $220 million for project and development costs. Like Bixby's TIF, this one will also capture one cent of sales tax, as well as the ad valorem (property) tax.

A City of Tulsa TIF could be used for development on Tulsa's west bank at 21st Street. This should bring in enough money for land acquisition and site preparation to make way for a developer. Since we already have water in the river at 21st Street, any private investment at that location should not be counted as dependent on passage of the Tulsa County sales tax.

River tax forums

| | Comments (3) | TrackBacks (0)

I've been invited to speak to a few river tax forums which are open to the public.

Tonight (Tuesday) at 6 p.m. at Webster High School, 40th & Yukon (a couple of blocks west of Union and a block north of 41st Street, west of the river) I'll be speaking at a forum hosted by District 2 Councilor Rick Westcott.

Thursday night at 7 p.m., I'll be speaking at a River Vote Forum sponsored by TU Earth Matters. It will be held at the University of Tulsa, Keplinger Hall (6th & Gary), Room M8. They're advertising the event with the tagline, "Hear a panel of local advocates and opponents separate the facts from the propaganda before you vote.

Sunday morning at 10 a.m., I'll be speaking at All Souls Unitarian Church, 29th & Peoria. Other panel members will be Ken Neal, senior editor at the Tulsa World, Vic Vreeland, Mayor of Jenks, and Kevin Stubbs of the U. S. Fish and Wildlife Service. Former KOTV anchor Clayton Vaughn will be the moderator. Strictly speaking this is a church event, not a public meeting, but I suppose it would be as open to visitors as any church service would be.

If a picture is worth a thousand words, the pro-river tax campaign just told a thousand-word lie.

Below is a thumbnail of a mailer that was sent to Broken Arrow voters. Click the image to see the full-size (700 KB).

brokenarrowrivertax.png

Notice the drawing in the photo, labeled "Broken Arrow Riverfront." That's a conceptual sketch from the Arkansas River Corridor Master Plan (ARCMP), the long-term wish list for riverfront development that was developed from 2003 to 2005.

NOT ONE CENT of the money in this plan will build what you see depicted in that drawing, but the image and text of the piece is designed to give Broken Arrow voters the impression that voting yes will give them that riverfront. It takes a voter familiar with the list of projects in the ballot resolution for next Tuesday's tax election to see how the ad parses words in a deliberate effort to mislead.

By the way, Don Mullican, the Broken Arrow citizen quoted in the piece, is the Chief Financial Officer of Kaiser-Francis Oil Company. George Kaiser, the President and CEO of Kaiser-Francis Oil Company, is Don's boss.

Although I have my political differences with George Kaiser, I believed him to be an honorable man, and I believed that he would use his influence over the vote yes campaign to insist that it be conducted honorably and honestly. It's hard for me to believe that he would want his name associated with this flyer or the overall effort to confuse the Arkansas River Corridor Master Plan and Tuesday's tax package in the minds of the voters.

If the Vision 2025 Sales Tax Overview Committee is as diligent and vigilant a watchdog as we're being told they are, how did they miss noticing that the arena was going to go way over budget when there was time to prevent the crisis?

If Hurricane Katrina caused the arena to go more than $50 million over budget, how come it didn't have a similar effect on the cost of any other project?

The Tulsa County Vision Trust decided to allocate extra funding to the arena, because the estimated cost was wrong. Couldn't they have done the same thing for the low-water dams and Zink Dam work promised in Vision 2025? And couldn't they have decided to allocate less of the surplus receipts for the arena and hold some surplus back for the dams?

Some of my fellow Tulsa bloggers are wondering about the river tax, too. First, let's hear from some bloggers that are new to me

Jason Kearney writes that "[n]o one was a bigger supporter of Vision 2025" than he was, but he's voting no on the October 9th sales tax increase. Among some of his many reasons:

For example, developers do not REQUIRE tax dollars to move forward with these projects, they just WANT them. Who wouldn't? I can understand the county giving them a tax break for a few years, but they do not need tax dollars. County Commissioner Randi Miller has proven by her actions that she has much to gain with all of her maneuvering in this. She screwed the Bell family out of their fifty-year family business, and now she wants to stick it to the tax payers.

Jason's entry also recounts the history of Jerry Gordon and the development of Jenks' Riverwalk Crossing. And in his most recent entry, he demolishes the PR spin from the Tulsa Metro Chamber on their economic impact numbers:

My first question was this: "Is it true that the current river development in Jenks, which is wildly popular and financially successful, was built with no tax increase at all?" Her answer: "Yes."

My second question: "Is it true that the majority of the 10,000 jobs she is speaking about are low paying construction jobs, which will only last until the low water dams are complete?" Her answer: "Yes."

My third question: "If Tulsa votes down this sales tax increase, is it true that the commercial developers will still be allowed to build shops, restaurants, and condos along the river?" Her answer: "Yes."

My fourth question: "Isn't it true that the George Kaiser Foundation has already donated $20 million to enhance trails in the Riverparks area, and that work has already begun on these developments?" Her answer: "Yes."

And then there's Jason's take on the media blitz in support of the tax:

Anytime the county and the news media have to engage in a smoke and mirrors game to make the public believe that this tax has the full support of the public, anytime a PR firm has to spend hundreds of thousands of dollars to use children to make you feel guilty if you vote against it, there is something wrong.

Cindy Downes, a 57-year-old empty nest mom who is going to college, attended the "debate" last week at TCC, and she had to write a paper on the event as a class assignment. It's a well-written, detailed report, and you should read the whole thing. Cindy says it wasn't really a fair fight:

They had four speakers: Winn Estrada, who was against the River project; Robert Nichols, who was supposedly impartial; and Victor Muse and Randi Miller who were for the project. Winn Estrada had 10-15 minutes. The rest of the time was taken by the other three, with the majority of the time used by Randi Miller.

Victor Muse, the student debater in favor of the tax cited the Three Gorges Dam project in China as a positive example of river development. In fact, Three Gorges is a classic example of totalitarian environmental overreach, damaging the environment, archaeological sites, matchless scenery, and ancient cities, displacing two million people and a way of live dependent on the ability to navigate the Yangtze River. It's an example of the damage a totalitarian government can cause because there is no place for opposition groups that might challenge the government's plans.

Cindy went on to report some classic Randi Miller moments:

I asked about the eagles and she stated that the project would not affect this eagle habitat. I then asked to hear from Winn exactly why he thought it would. She said she did not come to debate her "constituents;" however, note that her whole speech up to this point was a "debate" against her constituent. She did give him the microphone briefly, but she kept talking about not debating her constituent and he was not able to get the "floor" back to adequately answer the question.

Someone then asked about the condition of the roads and why we should not fix them first. Her answer was that there is already $200M set aside for roads in Tulsa. There is some kind of "Bottleneck" that they are trying to figure out why this money is not getting used. They "think" it is because there are not enough companies in Oklahoma to do road repair and she encouraged the students to start a business in road repair as there is a definite need.

She ended with the statement that if this doesn't pass, it will be 20 years before it can come to the table again.

20 years? And has Mayor Taylor investigated this $200 million that Miller says is set aside for roads but isn't being spent?

You might think a blogger called CycleDog would be all for this tax plan, but no:

Some of the arguments in favor of the proposition have been downright silly. The latest was in today's newspaper, arguing that building a new park will attract droves of young people to area businesses, and these new folks will contribute so much money to the economy that the city will be able to rebuild our crumbling roads and road infrastructure. These people must have attended that same voodoo economic course as the Reagan administration.

Don't misunderstand me - I'm not opposed to paying taxes when the money goes to something that provides real, tangible benefits. But when faced with a stark choice - a local school or a distant park - the right choice is very clear.

And commenter Ryan responded:

I have friends that have transplanted from San Diego, for the sole reason of being able to afford a new home, and even they never had to pay such a high sales tax to live in a city with sports stadiums and one of the nicest parks I've ever had the pleasure of visiting. I won't lie, I'm not an expert in city planning or budget, but I do know there's something wrong when this city can't develop without raising our sales tax to something that even ex-California residents scoff at.

Debb at Okie Mom Confessions confesses her reasons for a no vote on October 9th. She asks some great questions:

Vision 2025 addressed some of this already, the 2 low water dams & the shoreline beautification was to be addressed from funds from Vision 2025. Why are we, essentially paying for it yet again? Where did the money go?...

How successful will Glenpool, Skiatook, Collinsville, Broken Arrow, and Owasso be in financing their cities if the county has already pushed the taxpayers to the limit?

If we cannot already support what we have, how will we maintain an even larger expanse of parks & bridges, dams, etc., that will need a lot of costly spending for upkeep?...

MySpacer Ferdinandy gives his top 10 reasons for voting no, including:

6. CORPS of ENGINEERS APPROVAL: We don't even have approval to alter the river from the Corps yet. What happens if we vote to tax ourselves and the Corps of Engineers says "NO!" Do we get our money back?

8. COUNTY GOVERNMENTS SHOULDN'T BE IN SALES TAX BUSINESS: Sales tax is (in most responsible budgeting plans) used by cities to take care of city issues. When counties get in the sales tax business....well...there's just not enough to go around.

Some LiveJournal-ists are talking about tax. dividedjoy writes:

i don't even think they know what they want to do, all the ads and info just keep saying how badly we need this tax...but no good reasons of why besides it being for "Tulsa's future yay!!!"

part of it is that they want to build a series of low water dams - which have not been approved by the corp of engineers AND which the us fish and wildlife service says would very badly screw up the ecosystem in and around the river not just in tulsa, but up and downstream as well...they also want to build a pedestrian bridge down by 61st street...you know, by the stinky water treatment plant...

And lbangs has launched a river tax comment thread on the Tulsa Time LiveJournal community:

I'm all for smart city development, but gee, most of the studies commissioned to study this proposal will not even be finished by the time the vote comes to the public.

I'm sorry, but that is plain idiotic.

Is it too much to ask for some intelligence in our planning? I'm seeing a lot of hype and hoopla, plenty of smoke and mirrors, and precious little facts or truth.

And just who exactly is paying for all these moronic television ads trying to make you feel like you hate cute little children if you vote against this potential city-wide folly?

Somebody with deep pockets has a lot to gain from this project.

But don't look now; it ain't you or me.

And now let's turn to some of our long-time blogpals:

Jeff Shaw is pondering the magic formula:

Underestimated costs + Overestimated benefits = Project approval

And he finds this nugget of wisdom in a report called How Optimism Bias and Strategic Misrepresentation Undermine Implementation:

Lawmakers, investors, and the public cannot trust information about costs, benefits, and risks of large infrastructure projects produced by promoters and planners of such projects.

More recently, Jeff is wondering about the latest wild claim of 10,000 new jobs if the river tax passes, and he puts that big number into perspective.

Steve Roemerman is wondering how a fiscally conservative congressman can endorse a tax increase, and he wonders whether the congressman had certain facts in front of him when he made his decision. Steve's readers have been pondering the same question, as have some of Jeff Shaw's readers.

"Mad Okie" uses Google Maps to illustrate the differences between the waterside developments in Indianapolis, San Antonio, and Oklahoma City and what's being proposed in Tulsa. Hint: Note the width of the relevant body of water. And he takes issue with an unnamed state rep, quoted in a KOTV story saying that the river plan "would bring more entertainment options for everyone."

The people of the North Side, West Side, East Side, and South side dont care about "entertainment options", especially when the people pushing these "entertainment options" are the same people that evicted BELLS, a real entertainment option!

Bobby at Tulsa Topics (back to blogging again!) has a similar concern:

Thanks to the same people who want you to give them more money via the upcoming River Tax vote.... you will not be seeing the Zingo or the rest of Bells at the state fair this year.

I find it ironic, the flagrant use of kids on all the hack ads that the vote yes camp has been running on the tube lately, when the same group killed a long standing family tradition here in Tulsa.

MeeCiteeWurkor has ideas on protecting your "No River Tax" sign from getting stolen, and a guest contributor has been following developments in Sand Springs, including the Sand Springs City Council's vote to endorse the tax hike.

I was looking through the archives of the daily paper for stories about The Channels and about the long process of public scrutiny required for that plan for the Arkansas River before it could be put to a public vote. In the process, I came across some cost estimates for other river projects. (Emphasis added in all cases.)

The price of west bank land

From November 2, 2006:

The William K. Warren Medical Research Center has signed purchase options totaling $65 million to acquire the sites of the Westport on the River apartments and the Mid-Continent Concrete Co. for a proposed $788 million river development, it was revealed Wednesday....

The $28 million purchase option for the 23.7-acre apartment site includes only the land on the west bank. During a transfer of land for the apartments when Sen Jim Inhofe was Tulsa's mayor, the river abutting the site remained in the ownership of the city.

The Tulsa Stakeholders had to pay to get the confidentiality agreement lifted, but that amount, which was not disclosed, is not included in the purchase price, Ducato said.

The $37 million purchase option for the concrete plant site covers 26.7 acres of land on the west bank plus acreage to the middle of the river.

The cost of bridges and dams

From Janet Pearson's column on October 8, 2006:

Other observers note that the amount eyed by Tulsa Stakeholders would pay for most of the major improvements called for in the master plan, including: several new low-water dams at about $22 million apiece; several new pedestrian bridges, about $3.4 million each; a Gilcrease Expressway bridge, $27 million; a 41st Street [vehicular] bridge, $13 million; a Yale Avenue bridge, $33 million; a 193rd East Avenue bridge, $20 million; a new Riverside Drive West from 71st Street to the 11th Street bridge, $29.3 million; and improvements to the existing Riverside Drive from 21st Street to Interstate 44, $11.6 million.

Not to depend too heavily on a Tulsa Whirled editorial writer, but I'd bet someone, maybe at INCOG, supplied Pearson with those numbers.

Let's compare these estimates from a year ago to what we're being told about the cost of projects in the October 9th river tax. (The number for the low-water dams includes Vision 2025 dollars. The number for acquiring the concrete plant is from news stories; there's nothing in the official ballot resolution that allocates money specifically for land acquisition on the west bank at 21st or anywhere else in Tulsa.)

Project Fall 2006 estimate River Sales Tax estimate*
Low water dam (each) $ 22,000,000
$ 27,500,000
Pedestrian bridge (each) $ 3,400,000 $ 15,000,000
Concrete plant acquisition
$ 37,000,000
$ 52,000,000
Cost of two low-water dams,
two pedestrian bridges,
and concrete plant
$ 87,800,000
$ 127,000,000

The most striking thing is the difference in the cost of the pedestrian bridges: $3.4 million each last year vs. $15 million this year. What accounts for that dramatic a difference? Inflation doesn't come close to accounting for the huge jump in costs.

Notice that last year's estimate of the cost of a vehicular/pedestrian bridge at 41st Street -- $13 million -- is less than what they're telling us this year is the cost of a pedestrian-only bridge at that same location -- $15 million, even though the cost of materials, engineering, and construction ought to be far higher for a bridge designed to carry cars.

A reader points to some other information that indicates someone did a cost estimate for the dams. A version of the Water Resources Development Act of 2007 approved by the Senate back in May (H.R. 1495, Engrossed Amendment as Agreed to by Senate) contained the following language:

SEC. 3012. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM, ARKANSAS AND OKLAHOMA.

(a) Navigation Channel- The Secretary shall continue construction of the McClellan-Kerr Arkansas River Navigation System, Arkansas and Oklahoma, to operate and maintain the navigation channel to the authorized depth of the channel, in accordance with section 136 of the Energy and Water Development Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1842).

(b) Mitigation-

(1) IN GENERAL- As mitigation for any incidental taking relating to the McClellan-Kerr Navigation System, the Secretary shall determine the need for, and construct modifications in, the structures and operations of the Arkansas River in the area of Tulsa County, Oklahoma, including the construction of low water dams and islands to provide nesting and foraging habitat for the interior least tern, in accordance with the study entitled `Arkansas River Corridor Master Plan Planning Assistance to States'.

(2) COST SHARING- The non-Federal share of the cost of a project under this subsection shall be 35 percent.

(3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $12,000,000.

Doing the math, $12,000,000 is about 65% of $18,500,000. That suggests a cost of about $9 million each for the low-water dams, or possibly less, depending on how much was figured in for non-dam projects.

The version that came out of conference committee (House Report 110-280) included more funds for the Arkansas River, but used different language to describe the project:

SEC. 3132. ARKANSAS RIVER CORRIDOR, OKLAHOMA.

(a) In General- The Secretary is authorized to participate in the ecosystem restoration, recreation, and flood damage reduction components of the Arkansas River Corridor Master Plan dated October 2005. The Secretary shall coordinate with appropriate representatives in the vicinity of Tulsa, Oklahoma, including representatives of Tulsa County and surrounding communities and the Indian Nations Council of Governments.

(b) Authorization of Appropriations- There is authorized to be appropriated $50,000,000 to carry out this section.

The bottom line question is: What is the basis for estimate for each of the items in the October 9th ballot resolution? Recent comparable construction in other cities? Rough order of magnitude quotes from potential suppliers? Given the wide range of numbers, the tax proponents need to show their work, in detail.

This week's column in Urban Tulsa Weekly is part 1 of a two-parter leading up to the October 9th river sales tax election. I listed four reasons for voting against the tax; the two I dealt with this week pertain to promises and plans.

The distinction between the Arkansas River Corridor Master Plan (ARCMP) and the package on the October 9th ballot was a central theme in a presentation I made earlier this week.

On Monday night, at the kind invitation of Tulsa District 4 Councilor Maria Barnes, I spoke at a forum she convened at the Central Community Center on the topic of the October 9 river tax vote. Speaking in support of the tax were Jerry Lasker, executive director of the Indian Nations Council of Governments (INCOG), and Ken Levit, head of the George Kaiser Family Foundation (GKFF).

At the insistence of Jean Letcher, the campaign manager for the pro-tax side, I went first with my 15 minute presentation. Also at her insistence, there was to be no opportunity for rebuttal during the Q&A period, because she didn't agree to a debate, only to an informational meeting.

In the event, moderator Ken Busby let the discussion flow freely. I think all of the panelists and the audience members who asked questions and offered comments all felt they had ample opportunity to make their points. I didn't take a count, but I imagine there were about 40 people in the room for the 90 minute meeting.

Here's what I said regarding plans:

What everyone calls the "INCOG plan" is officially known as the Arkansas River Corridor Master Plan The ARCMP has been under development for the last four years, with a tremendous amount of public input from experts and laypeople alike, consultation with the Corps of Engineers and the Tennessee Valley Authority, and public hearings, culminating in the ARCMP's incorporation into the Comprehensive Plan by the Tulsa Metropolitan Area Planning Commission, the Tulsa County Commission, and the Tulsa City Council. The ARCMP includes both near-term projects like low-water dams and long-term aspirations like a boulevard following the west bank. It's a wish list, but a well-defined wish list.

In order to be very precise about the plan under discussion, I'm going to refer to it by the initials of its official name -- ARCMP. The pro-tax campaign seems to be determined to mislead the voters into thinking that the hastily thrown-together package on the October 9th ballot is one and the same with the ARCMP that has been four years in the making.

Of the projects that are defined in the ballot resolution for the October 9th Tulsa County sales tax election, only $64.85 million is being spent on projects in the ARCMP. At least $135 million is being spent on projects that are not in the ARCMP. Here's a breakdown:

In the ARCMP
Not in the ARCMP
Sand Springs Dam
$24.7 million
"Living River"
$90 million
Jenks Dam
$24.7 million
41st St Ped-Only Bridge
$15 million
Zink Dam improvements
$15.45 million
61st St Ped-Only Bridge
$15 million


"Downtown Connector"
$15 million
TOTAL IN PLAN
$64.85 million
TOTAL NOT IN PLAN
$135 million

Another $57.4 million is designated for "Arkansas River corridor land acquisition, infrastructure, bridge improvements and site development, and Arkansas river studies for Tulsa, Broken Arrow, Jenks, Sand Springs and Bixby." Some of that might be spent on ARCMP projects; some of it might not. It depends

The remaining $25 million is a contingency allowance covering all projects.

Here's a table summarizing the differences between the ARCMP and the tax package regarding how they were developed and their legal status:

Arkansas River Corridor
Master Plan
Tulsa County Oct. 9th
sales tax package
Developed over four years
in full public view
Put together in about two months
(within public view)
Many opportunities
for public input
No public input before plan
was set in stone
Driven by the desires of
Tulsa County citizens
Driven by the concepts of
Canadian architect Bing Thom,
consultant to GKFF
Future plan for 41st St
car and pedestrian bridge
to link west Tulsa and midtown
41st St park and
pedestrian-only bridge concept
rules out 41st St car bridge
Approved by TMAPC, County Commission, Tulsa City Council Never reviewed by TMAPC or Tulsa City Council



You can hear the October 22, 2006, StudioTulsa interview with Bing Thom, which I mentioned in my column this week. In the interview, the Canadian architect mainly discusses "The Channels," his concept for a large dam at 21st Street and high rises on islands in the Arkansas River, a plan he developed for Tulsa Stakeholders, Inc., but he also discusses his other commission, for the George Kaiser Family Foundation. You'll hear references to the 41st and 61st St pedestrian-only bridges and to the "living river" concept, albeit not by that exact name. Thom also discusses the "gathering places" along the east bank, which in the current proposal would be funded by private contributions. (There's a transcript there, too, obviously done with an automated speech-to-text system, but it does make it easier to go to key points in the recording.) The items in the October 9th county sales tax package which are not in the ARCMP seem very strongly to have come from Thom's drawing board.

Speaking of "The Channels," do you remember how closely the plan was scrutinized, and how much time was spent on it? The concept made its debut a little over a year ago, in early September 2006. Over the next three months, there was considerable public comment.

Even though County Commissioner Randi Miller endorsed the plan and raising taxes to pay for it shortly after it was announced, she insisted that the ARCMP would have to be amended to incorporate The Channels before it could be funded with tax money. So why hasn't the same requirement been levied on the "Living River," the pedestrian-only bridges, and the downtown connector?

Because the ARCMP is a part of the Comprehensive Plan for the City of Tulsa and Tulsa County, amending the plan would require public hearings and approval by the Tulsa Metropolitan Area Planning Commission, the Tulsa City Council, and the County Commission.

Last fall, we heard about the Arkansas River Master Corridor Plan advisory committee, which established a process for reviewing The Channels, a process that was described as "an expeditious yet rigid technical review" to be conducted in the course of about 10 weeks. In her October 8, 2006, opinion column, Janet Pearson says there are 50 members on this advisory committee.

Has this 50-member committee been convened to evaluate the package on this year's October 9th ballot?

Then there's this quote from PMg's Gaylon Pinc regarding the process of evaluating The Channels for inclusion in the Comprehensive Plan:

Pinc said the gist of the INCOG board's resolution "would be whether The Channels should be incorporated as a component of the Arkansas River Corridor Master Plan" and the city's comprehensive plan.

Should the resolution gain the approval of the Planning Commission, it would go before the City Council, and then on to the County Commission.

The County Commission had hoped to decide Dec. 11 on whether to call for a Feb. 13 election on the public funding issue.

In other words, in order to do everything according to Hoyle, this process would have had to have been completed prior to any vote by the County Commission to put a tax on the ballot.

That process wasn't followed with the Kaiser plan. Why not?

Here we go again. Tulsa County Commissioner Fred Perry in this morning's Whirled:

Q: How will additional costs be covered if the projected $282 million price tag for the public projects goes up?

A: As one of nine future "river trustees," if the Oct. 9th river plan/tax vote passes, I have been asked to answer this question. The short answer is that there won't be any additional costs to cover. For one thing, we're told that the engineers factored in some projected inflationary costs. Also, there is a contingency amount of $25 million in the plan. It is doubtful that costs would rise enough to consume that contingency.

Also, the commissioners, prior to passing the resolution, were committed to not exceeding the $282.25, which is in the resolution and on the ballot. There are also protections in the resolution regarding the limit.

In my opinion, and I think the other future trustees will agree, if the costs exceed the estimate and the contingency, something would be dropped off the plan or projects would be scaled down.

Let's compare that with what Perry's predecessor said a month or so before the Vision 2025 sales tax vote. Bob Dick, promised voters that every project would get built:

Dick said the Vision 2025 package also was designed to ensure no project gets left behind due to a lack of funding.

"I think the worst thing you could do is promise you are going to build something and then not have enough money to build it," Dick said.

Vision proponents concede room for error is built into some project cost estimates.

"I don't know specifically what it is really going to cost to build a low-water dam," Dick said.

It looks to me like this plan is set up, just like the low-water dams in promised Vision 2025, to overpromise and underdeliver.

We've been told that the rule of thumb these days is that a county-wide one cent sales tax will raise $100 million per year. A 0.4 cent tax over seven years would raise $40 million x 7 = $280 million -- not quite enough to cover the $282.25 million in total estimated project costs, and no provision whatsoever for fees and interest costs for debt.

I get about the same number -- $280.6 million -- if I take actual county receipts for FY 2007, adjust for the tax rate, assume a growth rate of 2.5%, and figure the numbers out over calendar years 2008 through 2014.

That's right: No provision for finance costs. Since they're telling us the need for pedestrian bridges and low-water dams is too urgent to pay for them on a pay-as-you-go basis, the Tulsa County Commission will once again hire a bond adviser and sell revenue bonds to get the money up front. That means we're borrowing against future sales tax revenues so we can spend the money right away. The designated amount for each project represents the amount of cash needed to build each piece and doesn't include the project's share of fees and interest.

This is why projected sales tax receipts of about $750 million over the life of the Vision 2025 sales tax will be barely enough to pay for $580.5 million worth of projects. According to county financial adviser John Piercey's numbers, combined with PMg's Vision 2025 project report, that $580.5 million will have cost us $674,387,714.81 in sales tax revenues. That's $93.9 million in finance costs.

In Vision 2025, finance costs were not included in the announced project amounts. This is apparent in the way the funds have been managed. If a project's cost was listed as, say, $1 million, the project's sponsor (city, town, university, or non-profit) has $1 million to spend on construction, with no deduction for the project's share of finance costs.

If somehow we got the same effective interest rate, the $25 million contingency amount would be entirely consumed by finance costs, leaving no margin for error should costs increase, and making it quite likely that a few years from now, county commissioners will be telling us once again, "Sorry, but if you want us to finish this project we promised, you'll have to vote for another tax increase."

Monday night, September 24, at 7 p.m., Tulsa County Assessor Ken Yazel will host a forum about the problems he sees with the proposed Tulsa County sales tax increase for river projects. It's being held at the Hardesty Library, 8316 E. 93rd Street (on 93rd East of Memorial). State Sen. Randy Brogdon, Broken Arrow Mayor Wade McCaleb, and Tulsa City Councilors Roscoe Turner and John Eagleton will also be in attendance, and yard signs and flyers will be available.

Those are two questions about two major thrusts of the campaign for the proposed Tulsa County sales tax increase for river-related projects. In this week's column in Urban Tulsa Weekly, I ask whether this river tax plan is what we need to do for the sake of Tulsa's children and young adults.

In response to the first question, I deal in passing with one river tax cheerleader's active involvement in destroying a place of fun and happy memories for Tulsa's children, and pass along a suggestion, made by my wife, for how you could protest Bell's eviction from the Tulsa County Fairgrounds, should you decide not to boycott this year's Tulsa State Fair entirely:

In addition to the obvious -- don't spend money on the Murphy Brothers midway -- here's a homemade idea for those who go to the fair but wish to protest Bell's eviction: Wear bells to the fair. You can buy a big bag of jingles at a craft store for a few dollars. Thread a bunch on a ribbon to wear around your neck. Bring extras to give to friends or fellow fairgoers.

And if you want to make the point explicit, stick a nametag on your shirt with the slogan that's been spotted around town: "No Bell's. No fair."

Bells3-web.pngAccompanying that suggestion on page 7 of this week's UTW is the first published work by a budding young cartoonist named Joe Bates, depicting a weeping Bell. He's got some more political cartoons in the work. The demolition of Bell's is something my two older kids saw happening on an almost daily basis, and it saddened them both greatly. I'm proud to see my son express his sentiments so eloquently in art. He's already working on some more cartoons.

I mentioned in the column that skipping the fair entirely is hard for a lot of people from Tulsa and the northeastern Oklahoma. Going back to the '40s my great-grandmother and grandmother would enter the craft competitions, and in recent years my two older children have had fun submitting their own creations. Joe has won two blue ribbons, one in 2004 for an acrylic painting and one last year for a convertible built with Legos. Both he and his little sister plan to enter some items again this year. To us, and to a lot of families, the Tulsa State Fair was here before Randi Miller and Clark Brewster and Rick Bjorklund, and it'll be here when they've all moved on to other things. But I can certainly understand those who plan to abandon the fair altogether.

Regarding young professionals, in my column I mention a recent visit to Orlando and a Saturday evening spent on lively Orange Avenue, between Church Street and Washington Street in that city's downtown:

Downtown Orlando has shiny new skyscrapers, a basketball arena, and a beautiful 23-acre lake with a fountain. But I didn't find the crowds around any of those. There were only a few people walking the path around the lake, and the sidewalk along Central Boulevard next to the lake was empty except for me.

Instead, the throng of twenty-somethings was promenading up and down four blocks of Orange Avenue, a street lined with old one-, two-, and three-story commercial buildings. The storefronts of those buildings were in use as bars, cafes, and pizza joints. The same kind of development stretched for a block or two down each side street. There were hot dog stands on every corner. Pedicabs ferried people to and fro. The numbers of partiers only grew larger as the little hand swept past 12.

An observation from that visit that I didn't include in the column: The block of Orange between Pine and Church Streets has these old commercial buildings crowding the sidewalk on the west side and a spacious plaza framed by two modern, round, glass and steel buildings on the east side. Where do you suppose people chose to walk? 90% of the foot traffic stayed next to the old storefronts and avoided the big modern plaza.

I didn't hear any complaints until six days after I added an update to my entry about the Republican Women's Club of Tulsa County and their decision to exclude opponents of the proposed Tulsa County sales tax increase for river projects from a luncheon at which that was the topic of discussion. That update was added the afternoon of September 7, following a phone call from County Commissioner Fred Perry, the person the head of the RWCTC had chosen to present the arguments for and against the tax. The update consisted of my summary of what Perry had told me about the rationale behind the format chosen by club president Nancy Rothman, followed by my reaction.

I was surprised that the one person who complained not only didn't agree that the RWCTC's decision to exclude the opposition was unfair but told me that my comments about that decision were "unfair and inappropriate." There were a few e-mails back and forth, and it became clear that we weren't going to see eye to eye on this.

The specific complaint was that my comparison of Nancy Rothman's decision to exclude the tax opponents for the sake of party harmony to the harmonious political discourse in the ruling party of North Korea was over the top. I meant to be over the top. In the words of Rush Limbaugh, I was trying to illustrate absurdity (promoting harmony by suppressing one side of the debate) by being absurd.

But I did wonder if perhaps I went too far. Nancy Rothman made a bad decision, but perhaps the decision was made from noble, if misguided, intentions.

Nancy Rothman sent out a press release today responding to what I wrote 13 days ago. Here it is in its entirety.

A Response to Michael Bates of Batesline.com
Press Release

THE FOLLOWING IS A RESPONSE FROM THE PRESIDENT OF RWCTC TO A BLOG POSTED ON SEPTEMBER 5TH:

On Tuesday, Sept. 11, the Republican Women of Tulsa County (RWCTC) presented a program on the Proposed River Plan/Tax at its monthly luncheon.

The purpose of this meeting was neither to provide an exclusive forum for either side of this issue nor to conduct a debate, but to put forth as much information as possible on the plan itself, since few have had the opportunity to read the proposal in its entirety. The presentation on the corridor plan was provided by a professional engineer who was involved from the inception of the project.

As a club, we have remained neutral on the issue; we are aware that our membership is divided, even if the party has already stated its position. The group also wanted to address some of the issues that have been brought forth by both the proponents and the opponents of the issue. This program was merely meant to educate our membership and guests, not to sway anyone one way or the other.

The RWCTC asked Commissioner Fred Perry to make the presentation, since he had not come forward in support or opposition of the issue, and because we believe him to be an honorable man who would, in fact, present all of the information in an educational rather than an editorial format - as he was asked to do.

Again, the intent of this meeting was not to make an argument either for or against the proposal, but to provide our membership and guests with as much complete and unbiased information on the details of the plan and on the arguments - both for and against - as possible. It is my belief that we succeeded in that endeavor.

In his online personal commentary (blog), posted Sept. 5, Michael Bates stated, "...Regarding the RWCTC event, Perry told me that Ms. Rothman is a professional mediator who feels that the Republican Party is too divided and contentious, so she didn't want to have a debate. I would think that, as a mediator, she would understand the importance of each side feeling that their concerns were fully aired and given a fair hearing. Perhaps her mediation sessions consist of her picking one side to argue both sides of a dispute.

"To be fair to Ms. Rothman," he continued, "there are political parties that do a much better job than Republicans of maintaining unity and harmony. For example, the Workers' Party of Korea presents a united front on every issue. You never hear a dissenting voice on any issue; if you do, you never hear from it again. Perhaps she has the WPK in mind as a model of the Republican Party's future."

Unfortunately, this attack by Mr. Bates is a perfect example of a few within the party who employ bullying tactics in an attempt to shut down open dialogue and instill fear in those who don't agree with them. Sadly, this is only one example of this type of conduct that has been occurring within the Tulsa County Republican Party for the past several years.

Mr. Bates is correct in that I am a mediator. I believe that mediation is a proven process that is beneficial in many areas where there is dispute. Mediation is not, however, beneficial when one side uses bullying tactics to instill fear, attempting to beat people into submission if those people do not conform to the bully's whims. The real message he is sending is, "Conform to me and my way of doing things, or I'll demonize you and destroy your life."

If the purpose of this intimidation is to put a chilling effect on future speakers, it will not work. As for myself and the Republican Women of Tulsa County, we will not bow down to this type of threat, intimidation or harassment.

It is interesting to note that at no time did Mr. Bates ever attempt to contact me to inquire about the program, nor did he attend the program.

The spirit of intimidation within this party in Tulsa County is a seed that is tearing the party apart. Its aim is to pit people against each other, and to destroy anyone who advocates for open and honest communication and dialogue. It not only promotes infighting within the party but drives good people away and fosters a lack of respect within the community. How can anyone expect to lead and govern in this manner? Furthermore, how can a city expect to thrive and grow when high reader ratings (such as the example displayed here) are built up by tearing people down?

This response is not intended to cause further division. The Tulsa County Republican Party is made up of a diverse group of people and there will always be differences within the party. These differences, however, are not so deep that we cannot find common ground to work and move forward together in unity.

Nancy Rothman,
President
Tulsa County Republican Women's Club

I started to write a point-by-point reply, and I will probably do that at some point, but for now, I think I'll just let Nancy's comments stand without comment from me and instead open the floor for your comments.

UPDATE (9/22/2007): B. J. Benbow, a Republican woman who received Rothman's press release, sent a reply to Rothman, and copied me on it. Here's Benbow's specific response to Rothman's accusations:

After reading your account of Mr. Bates' article I agree with him. You do not claim that he was not factual and that you really did want a DEBATE. You simply attacked him (might I say bully).

As I mentioned in last week's Urban Tulsa Weekly, a few weeks ago I began my search for the source of the numbers being cited in defense of the need to raise taxes to build the two low-water dams and the Zink Lake modifications promised in Proposition No. 4 of the Vision 2025 sales tax.

The debate over this issue has two prongs:

(1) Did Tulsa County officials promise to build the dams during the Vision 2025 campaign? And did they promise that they'd have the money to build them even if Federal matching dollars weren't available? Despite word-parsing efforts by Commissioner Randi Miller and others, the clear answer to that question is yes, as I've demonstrated from the official ballot resolution, the official project map used during the campaign, and quotes from Commissioner Bob Dick and others during the campaign, and even after the campaign, when Federal funding was once again in doubt.

(2) Is there enough money in projected Vision 2025 revenues to cover the cost of the new dams and the Zink Lake modifications? County officials, citing numbers developed by John Piercey, the county's bond adviser, say that the answer is no. Based on revenue projections, remaining projects to be funded, and debt service, there isn't enough money, they say to fund the low water dams beyond the specific amounts listed in the resolution, much less fund any other project on this October's ballot.

That second point set me off on a search to find out for myself. I combed through the five big binders of monthly Vision 2025 reports in the fourth floor Government Documents department of the Central Library. (The most recent three binders are in the work room, so you need to ask at the reference desk if you want to see them.)

Having looked at the sales tax summaries and project summaries in the monthly reports, I had a simple mental model of how it all fit together. You had two pots of money: A pot of sales tax revenue and a pot of bond proceeds.

Sales tax receipts come into the sales tax revenue pot, and from that pot comes bond repayment (debt service: principal and interest) and cash expenditures (e.g., money to pay down the Oklahoma Aquarium debt, fees to PMg and attorneys).

The bond proceeds pot is fed by proceeds from revenue bond sales, and that money is spent on expenditures for most of the projects.

So what I wanted to know was this:

(1) How much money was in each pot as of, say, the end of the fiscal year on June 30, 2007?

(2) How much money was likely to be added to the sales tax pot between now and the last sales tax check in February 2017? (There's about a month and a half delay between collection and the resulting check from the Oklahoma Tax Commission back to the cities and counties.)

(3) Of the money in the sales tax pot, how much is committed to debt service, and what is the repayment schedule?

(4) Of the money in the sales tax pot, how much is budgeted but yet to be spent for projects and for overall program expenses, and what is the schedule for spending that money, and for which projects?

(5) Of the money in the bond pot, how much is budgeted but yet to be spent for projects and program expenses, and what is the schedule for spending that money, and for which projects?

I figured that, with all the talk about how we wouldn't have enough money to build the promised dams, that somebody must have all this worked out, at least on a year by year basis. If you had the answers to those five questions, you could make decisions about borrowing against future revenues or the likelihood of additional money that could be spent on a pay-as-you-go basis or possibly even reprioritizing the sequence in which the remaining projects (including the dam and Zink Lake projects) would be funded.

I wrote about my quest a few weeks ago:

I asked Kirby Crowe by phone if he had a copy of this plan. I'm not sure if I made my meaning clear, but I came away from the conversation with the impression that he did not have a copy of Piercey's financial plan.

I called Jim Smith, the County's fiscal officer, and asked if he had a copy of the financial plan. I thought he might, since his name is on the monthly memo in the Vision 2025 report listing tax receipts, the monthly wire transfer from the sales tax fund to the trustee, and the interest earnings on the sales tax trust account.

Smith said he didn't have the financial plan, but suggested I call John Piercey. Mr. Smith could tell me what the payment to the trustee would be for the next six months, at which point it would be recalculated, but couldn't tell me anything more about future expenses.

I called Capital West, and they gave me John Piercey's number. I called John, and he was very gracious. He said he'd e-mail it to me that evening or the following morning. He said something about recalculating based on more recent tax receipts. I'd really be happy seeing the most recent version, whatever he's been using as the basis for his statements about Vision 2025 surpluses.

That was a week ago Monday, the 20th. I gave him a reminder call on the 28th -- got his voicemail and left a message. Haven't heard back yet. I'm sure he's quite busy.

Can anyone suggest somewhere else I could find this information?

That was on August 30. Eight days later, on September 7, I left another message for Mr. Piercey. I also, on a whim, called County Commissioner Fred Perry's office to see if they have a copy of this rumored financial plan. The administrative assistant didn't know, but she took my message, and about an hour later, Commissioner Perry called me. (Part of that conversation found its way into the update to this entry about the Republican Women's Club's exclusion of the opposition from a discussion of the county river tax.)

Perry told me he would ask Piercey to get me the information, and not long after I heard from Piercey. The following Tuesday afternoon, September 11, he dropped the three-page Excel printout, entitled "Vision 2025 Financial Summary" by UTW's offices. (Clicking that link will open a PDF file, about 300 KB.)

Off and on over the following week, I crunched through Piercey's numbers covering the next nine and a half years and tried to fit them together with the numbers in the Vision 2025 reports covering the past three and a half years, trying to meld them together into a consistent set of answers to my questions.

Finally, I sent Piercey an e-mail, attaching a snapshot of the financial spreadsheet from the June 2007 Vision 2025 report:

John,

Thanks again for providing me with that spreadsheet printout last Tuesday. I'm still looking at it and trying to understand how your numbers line up with the ones I observed in the Vision 2025 monthly reports from PMg.

The most puzzling thing is the gap between previous years debt service numbers and the numbers in your projections. Attached is a photo of the Vision 2025 sales tax report from PMg's June 2007 Vision 2025 report, which includes all receipts and expenditures through the end of FY07. It shows the following amounts transferred to the bond trustee:

FY
Transferred to Bond Trustee
2004
15,213,697.60
2005
34,394,424.51
2006
33,402,757.79
2007
34,645,690.81

I take those numbers to represent what has been paid to debt service to date. So it's puzzling that for FY 2008 that the debt service jumps up to $46,977,024 plus $396,500 for Series 2006 B. Did the debt service payments just jump up at the end of FY 2007, or is something else on that PMg spreadsheet that should be included in debt service to date?

Put another way, what are your numbers for debt service through FY 2007?

(I'm also surprised that the debt service number doesn't tail off in 2017, since there are only eight months of revenue from the tax in FY 2017.)

Another apparent difference between PMg's numbers and yours: PMg shows, after May 2007, $45,362,099.18 in the sales tax trust fund, and in June all of it is transferred to a new cash projects trust account, in addition to about $2 million transferred to this cash projects trust account back in February. You show $39,093,695 as sales tax revenues held by County. I don't understand how those two numbers line up.

Another question has to do with when various expenses and funds might be realized. You show a balance to be funded of $104.5 million and about $69.3 million of cashflow from bond fund reserves ($39.4 million), net earnings on bond funds ($13.7 million), and net earnings on cash flow ($16.2 million). Has anyone mapped out, to the fiscal year, when these expenses and earnings will be realized?

Thanks again for your assistance,

Michael D. Bates

Here is Piercey's reply in full, clarifying the nature of his report and his role with Vision 2025 and Tulsa County:

Capital West Securities, Inc. official involvement with raising additional funds for Vision 2025 ended in the third quarter of 2006 with the completion of the funding of $31 million in parity and subordinate bonds which partially funded the $45.5 million approved by the County for the Arena and Convention Center. The balance of the funds for the projects increased budget will come from cash flow through the end of calendar year 2008.

My current involvement is as an unpaid monitor of the monthly sales tax receipts and the preparation of a semi annual update of the status of the financial condition of the program. The day to day management of the Program is performed by PMG and the funds administration is performed by the Bond Trustee in cooperation with Jim Smith, the County's fiscal officer. The summary that was given to you is the most current semi annual Update that I have done and is not a "financial plan".

The monthly PMG report provided to the elected officials and the Sales Tax Overview committee will differ from my evaluation simply because they are looking primarily at projects implementation and monthly cash flows provided to them by the Trustee and PMG. They will also differ as a result of the time frame that I used and the in and out of money that occurs weekly.

As I pointed out to John Eagleton in a prior correspondence, the debt service payments that are shown in the PMG reports are what the Trustee requires from sales tax receipts on a monthly basis. The difference between the receipts and the payment goes into sales tax trust fund. The sales tax trust fund is being used to fund Vision projects not funded by bond proceeds. It builds up over time as a results of primarily the City of Tulsa budget process which requires all funds to be in place and appropriated before project contracts can be signed.

The Trustee's debt service requirements given to the County differ from the debt service requirements on the bonds are a results of interest earnings on the construction funds held by the Trustee as well as interest earnings on the Bond Fund Reserve account of $39.09 million. Given the amount of proceeds raised early in the program those earnings were substantial in the early years of the program and decline as projects are completed. This will also be the case with the County's sales tax trust fund as the Arena and Convention Center is completed between now and the end of fiscal year 2008.

As for specific answers to your questions:

1. Debt service has risen annually since 2003 as a results of additional bond issues being done as projects became ready for implementation. Debt service has also risen as the amount of investment earnings have declined as moneys are spent.

2. The PMG debt service numbers are net of investment earnings.

3. All the bond issues, except series 2006B, are rated AAA. In order to get a AAA rating, a cash reserve of $39 plus million was funded early in the program and is held by the Trustee. The purpose of the reserve is have sufficient funds on hand to pay debt service in the event that sales tax receipts at any one time or length of time is insufficient to pay the debt service. The Reserve is released in the final year (2017) to pay most of the final year's debt service. This final payment assumes that no short fall has occurred.

4. The Series 2006 B bonds of $10 million are subordinate bonds and are unrated. The reason being that the requirements to issue more bonds on a parity basis could not be met. The $14.5 million in cash flow for the Arena and Convention Center was also the results of not being able to issue more debt without increasing the costs of the debt and the risk that other projects would have to be postponed or possibly eliminated if sales tax receipts declined.

5. The Vision 2025 program included $575 million in specific projects with specific dollar allocations. Of that total 83% were funded by bond proceeds or in the case the Aquarium annual payments were contracted for. The balance of approximately $100 million (excluding the rebate) are being funded by sales taxes and investment earnings remaining after debt service is paid monthly. With the exception of the River Projects which were matching funds, cash flow schedules have been reviewed and PMG schedules those projects as they become ready and/or funds are available.

6. As I have noted in the past, I see no excess funds being available for new projects or increases for approved projects until after 2012-13. I hope that my forecast is too low. The bulk of any future surplus will occur in 2017 as the $39.1 million in bond fund reserve is released.

John Piercey

There's a lot to digest here. I'm putting it all here for anyone who cares to analyze it and comment on it.

One of the discoveries in all this is that there are actually four pots of money. In addition to the bond proceeds and the sales tax receipts, there is a bond repayment trust fund held by the bond trustee (the Bank of Oklahoma). When Jim Smith tried to explain to me how it worked, I compared it to an escrow account for paying taxes and insurance on a mortgaged house, which Smith thought was a good analogy. The bond trustee then repays the bondholders from this trust fund. Every six months, the bond trustee recalculates the payments they need from Tulsa County's sales tax receipts to enable them to pay the bondholders.

Here's my paraphrase of Piercey's explanation of the difference between the payments to the bond trustee (found in the Vision 2025 monthly reports) and his schedule for repayment to the bondholders: The county began paying money into the bond fund as soon as the tax began to be collected, but well before they had to begin to repay the bonds. Those early funds earned interest, which reduced the amount the county had to pay to the bond trustee in order to keep the bond trustee's fund at the required level.

Without the details of the ins and outs of the fund being managed by the bond trustee, there doesn't seem to be any way to correlate the sales tax payments to the bond trustee (in the Vision 2025 monthly reports) with the payments to the bondholders (in Piercey's financial summary). The Vision 2025 monthly reports don't cover the balances and transactions in the bond repayment trust account or in the bond proceeds pot of money. (It just now occurs to me that those two pots may actually be a single pot of money.) There are individual monthly project expenditures in the report, which you can infer are payments from the bond proceeds, but it isn't explicit, and transactions like interest earnings are either not reported or perhaps just not obvious to me. It would be good to have a spreadsheet for the bond proceeds fund that spells things out as clearly as the sales tax spreadsheet does for that fund -- the balance at the beginning of each month, all the income and the outgo, and the balance at the end.

I mentioned that there's a fourth pot of money. The June 2007 Vision 2025 monthly report shows that in February, $2,093,676.40 was transferred to the Cash Projects Trust Account, and in June, $45,961,778.85 -- pretty much the entire sales tax reserve being held in the county's accounts -- was transferred to the Cash Projects Trust Account. A memo included in one of the monthly reports says that this account is also being managed by BOk.

I still don't see a way to answer my five questions from the information available. If I were a County Commissioner or a member of the Vision 2025 Sales Tax Overview Committee, I would insist on putting that information together and updating it on a monthly basis to serve as Tulsa County's financial plan for the Vision 2025 program.

It looks to me that John Piercey, PMg, and BOk each possess different pieces of the puzzle, but that no one has actually put all of it together into a complete picture, a complete plan that would permit exploring different scenarios that would allow the use of Vision 2025 funds to complete the dams that were promised as a part of that package.

There's another aspect of this that needs to be explored, but it's late and I'm tired. I'll just point you in the general direction. On the front page of Piercey's summary are three columns: "Pre-Request," "Arena Increase," "Revised Totals." The difference between the first and third columns tell quite a story.

Tulsa Community College's Forensic Team will debate the Tulsa County river tax today at noon at the Northeast Campus, Apache and Harvard, in the Room 1470 auditorium. Here are the details in a press release I received:

What: Debate over River Development - Local and Global impacts
When: Wednesday, September 19
Where: NE Campus- Large Auditorium (1470) at 12:00p.m.- 1:00p.m.
Who: TCC Forensics, Global Education, and Student Activities
Who is invited: Anyone interested in the Arkansas River debate. Please join us!
Light snacks provided


Tonight at 6:30 at the OSU-Tulsa auditorium, TulsaNow will hold a forum on the October 9th election regarding the proposed Tulsa County sales tax for river projects. Both sides will be well represented: Jean Letcher, campaign manager for the vote yes campaign, and Gaylon Pinc of PMg will speak in support of the tax; City Councilor John Eagleton and Tulsa resident Colin Tawney will speak in opposition. The forum format will give each side an equal chance to speak (unlike many other "informational" river tax events which have excluded the opposition). Some questions will be provided to the two sides in advance of the event, others will be drawn at random from audience submissions.

This should be an interesting event. Eagleton and Tawney are both very knowledgeable and well-spoken, and should do a fine job of representing the reasons for opposing this tax increase. It's interesting, too, that you have two people with a professional/financial interest arguing for passing the tax and two people who with no financial stake in the game arguing against.

For work reasons, I can't be there, but I hope you will.

UPDATE: Steve Roemerman live-blogged the event (until his laptop battery ran out of juice). He advises that TulsaNow will post video and that David Schuttler was there gathering video as well. I was surprised to learn that Jean Letcher was replaced at the last minute by John Piercey, bond adviser to Tulsa County.

UPDATE (2): David Schuttler has a blog entry with photos and his synopsis of the forum. He has posted some of the video, broken up by question, on his YouTube account, with more to come.

Meeciteewurkor has a guest post from someone who attended a river tax informational forum today, sponsored by the Sand Springs Area Chamber of Commerce. Ken Neal, former editorial page editor of the Tulsa Whirled, and Ken Levit, director of the George Kaiser Family Foundation, were the main speakers.

It was billed as an informational meeting, but turned out to be more of a pep rally. No opponents of the tax were invited to speak. The post has audio, photos, and a summary of the gathering.

Neal said, "People accuse us of having pretty pictures. That's true, but you have to have a concept. At this point, nobody can develop detailed specification. I might just say, that if this happens, if we approve this tax, then we will have the money to start the specifications for each dam.... This is a concept."

Now, weren't we told that there was at least enough money in Vision 2025 to pay for engineering for these dams? In fact that's what Terry Simonson tried to claim all the Vision 2025 money was spent on (before he disappeared). And we can't even start the lengthy Corps of Engineers approval process until the engineering is complete.

I think it's interesting that Neal completely glosses over the $90 million for the "living river" and downplays the "downtown connector" ($15 million) and the pedestrian bridges at 41st and 61st Streets ($30 million), none of which is in the INCOG plan. Nevertheless, he ascribes the large amount of public input in the Arkansas River Master Corridor Plan development to this hastily thrown together county river tax plan.

Neal also claims that fishing will improve "a hell of a lot" because of the new dams.

In his remarks, Ken Levit said that "this is a plan that INCOG built with years of community input." He needs not to say that, because it isn't true. The Arkansas River Master Corridor Plan was built by INCOG with years of community input. But close to half of the cost in the plan on the ballot October 9 is for items that were not in the ARMCP -- the items I listed above.

(I don't know this for sure, but since GKFF hired Bing Thom to do a river study for the area south of 21st Street, I wonder if it was Thom -- the man behind the islands in the middle of the Arkansas River, that came up with the "living river," the pedestrian bridges, and the "gathering places.")

There was also an interesting answer to a question about the charitable money and whether any of it might end up in Sand Springs. Levit emphasized that none of it was earmarked. That's funny because almost all the talk about gathering places and improvements funded by these charitable contributions has focused on the east bank of the river south of 31st Street in Tulsa.

They only answered two questions, and Neal tried to finesse a question about this morning's Whirled story about the U. S. Fish and Wildlife Service's concerns about the proposal. Again he tried to wrap the county river tax plan in the mantle of the ARMCP, going even further and claiming the Corps of Engineers imprimatur. "Do you suppose the Corps is going to approve its own plan? Whatta you think?" While the Corps has been heavily involved in the development of the ARMCP, half of the plan on the October 9th ballot is not found in the ARMCP.

Aaron Griffith gives his reasons for voting against the proposed $282 million river sales tax increase. Aaron comes from a left-wing populist perspective, but much of his argument will resonate across the political spectrum, and I like the way he has annotated each of his points with a relevant link.

Tulsa County River Tax: A Question of Style or Substance

It seems like an age old question: What should our priorities be in life? To create well-maintained, vibrant, safe, diverse, green, clean communities? Should our collective vision focus on substance and sustainability or should style and self-indulgent luxuries dictate our priorities? On October 9, Tulsa County Voters arrive at an ozone-polluted, pothole-riddled crossroads to face the decision of which way to go.

The proposed County river tax is not a transformation, but a mutation of the geographic inequity, institutionalized neglect, economic segregation, and false promises of progress as promised as usual in Tulsa County. We will not become a progressive community by continuing to neglect the maintenance of our failing roads and infrastructure or ignoring the environmental elephants in the room in regards to river development.

It will not happen by disregarding alternative sources of funding for river development, which do not increase regressive County sales taxes that steal primary revenue streams away from struggling municipalities or by infrastructure privatization.

It will not happen by perverting the Arkansas River Corridor Master Plan to include a 41st St. pedestrian bridge or wasting precious resources on unwanted, unnecessary, special elections.

It will not happen by gambling on exaggerated economic impact projections or empty promises of good-paying construction jobs that won't have any prevailing wage protections and nothing to protect against 1099 worker misclassification abuse, that places honest contractors who play by the rules at a competitive disadvantage.

It will not happen by misguided, last minute, half-hearted attempts to address the hardship this tax increase causes to our at-risk, low income, and fixed income families living paycheck to paycheck by offering a year end tax rebate to those who qualify for the Earned Income Tax Credit that will do nothing to affect the immediate impact this new tax increase on the basic necessities of life will have on their budgets.

It will not happen by giving private special interest controlled Mayors, County Commissioners, and their politically appointed new bureaucratic unrepresentative river authority the final say on development along the river within the sovereignty of municipalities by voting to give them a giant blank check, a new regressive tax, for continued failure to deliver the progress as promised.

At the polls during the October 9 special election, I urge you to please vote NO, so we can begin a real dialogue on how to provide sustainable solutions to the critical long-term infrastructure, environmental, socioeconomic, transportation, planning challenges we face in Tulsa County in order to promote, preserve, and protect real progressive values.

Sign suppression

| | Comments (0) | TrackBacks (0)

Would you buy a used car from this dealer at 9404 E. 31st St.?

NoRiverTaxBounty.JPG

If memory serves, this same dealer has posted messages accusing those who believe in the enforcement of America's immigration laws of being hateful racists.

Since the signs cost a lot less than $5, maybe people should turn in their signs, then donate the proceeds to buy more signs. :) (I think I saw a variation of that idea on an episode of "The Lucy Show" -- Lucy exploited the double-your-money back guarantee of a brand of canned beans.)

If you'd like a "NO RIVER TAX" sign for your yard, Tulsa Machine (a sign printing shop) at 1503 E. Admiral Pl. has them for sale for a nominal price.

Both sides now

| | Comments (0) | TrackBacks (2)

From an email about the upcoming Republican Women's Club of Tulsa County's luncheon (Tuesday, September 11, 11:30 p.m., Holiday Inn Select, I-44 and Yale -- the old Hilton) (emphasis added:

Commissioner Perry will present the Proposed River Plan/Tax in an educational format. He will be aided by an engineer who played a key role in the development of the 42 mile River Corridor plan from which the proposed plan was derived.

Commissioner Perry will present arguments which have been made both for and against the Proposed River Plan and the associated county sales tax to fund it. The matter is scheduled for a county wide vote on October 9th.

If you're a Republican woman and think it's egregiously unfair for a proponent of higher taxes to represent both sides of this debate (a debate where the county Republican party platform comes down solidly in opposition), you might politely encourage the RWC president, Nancy Rothman, to allow an actual opponent to argue the case for the opposition. (I won't reproduce her contact info here; if you're a club member, you have her phone number and email address in the meeting notice.)

UPDATE: I just spoke to Commissioner Perry, who wanted to emphasize that it was Ms. Rothman's choice, not his, to have him present both sides of the argument. He says he's going to have to walk quite a tight rope and that neither side is likely to be satisfied that their argument was fully presented. He also took issue to my characterization of him as a proponent of higher taxes, that there are things that make him uneasy about the river tax plan (the tax increase, Broken Arrow's opposition) and he's not cheerleading for it, but on balance he thinks it's good thing, and he is a proponent of letting the voters decide. He also pointed out that in the legislature he sometimes opposed sending an issue to a vote of the people: the lottery, casino gambling, certain tax increases.

Regarding the RWCTC event, Perry told me that Ms. Rothman is a professional mediator who feels that the Republican Party is too divided and contentious, so she didn't want to have a debate. I would think that, as a mediator, she would understand the importance of each side feeling that their concerns were fully aired and given a fair hearing. Perhaps her mediation sessions consist of her picking one side to argue both sides of a dispute.

To be fair to Ms. Rothman, there are political parties that do a much better job than Republicans of maintaining unity and harmony. For example, the Workers' Party of Korea presents a united front on every issue. You never hear a dissenting voice on any issue, or if you do, you never hear from it again. Perhaps she has the WPK in mind as a model for the Republican Party's future.

In 1980, Congressman Tom Steed was interviewed at Rose State College and had something very sensible to say about the way decreasing voter participation empowers pressure groups. (Found on the Democrats of Oklahoma Community Forum.)

Well, you really struck a nerve with me there because my pet-peeve is the fact that people won't vote. And I have studied it. I've talked to a lot of authorities and there's a lot of people concerned about it all over the nation. And so I've actually come to the conclusion that there's no more insidious enemy my country has than a person who will not vote.

Now, as the vote went down and down over these years, the pressure groups in Washington went up and up and up. Where there used to be a page of them in the telephone book in Washington, now there's many pages. Everybody has a pressure group.

Well, finally the Congressman who votes for what's right and antagonizes one or more of these pressure groups comes home and finds that most of the people that he represents and that he did that for won't even bother to vote. He has no protection. And off goes his head. Well Joe Doaks sees Bill Spivey get it in the neck, so the next time, he gets cautious. And it's a growing sickness.

I don't know how to make people vote. Now in the bicentennial year, we got together, we raised money, we put on a special drive. We had the help of all the media and everybody else. No one was against it. We finally got 55 percent of the eligible voters in Oklahoma to register and we got 94 percent of the 55 percent to vote. And we led the nation - in our bicentennial year. Number one in the nation - in citizenship! Did you hear anything about it? Any hats go up in the air? Have you seen any chamber of commerce slogans or anything? If we were number one in football, maybe we'd a heard a lot, but not on citizenship.

Now after that, I said, well, I don't know, I give up. If that won't set the state on fire, I don't know what you could do. But it's a sad thing and I never pass up an opportunity to scold people because they won't go vote.

When ordinary people don't pay attention and don't support officials who put their interests first, voters are swayed by the ads purchased by various pressure groups. Elected officials learn to fear the pressure groups rather than their own voters.

I think that goes a long way toward explaining how the current ill-conceived river tax increase found its way to the ballot.

I've commented on the pointlessness of the 41st Street and 61st Street pedestrian-only bridges, which are part of the sales tax package Tulsa County residents will be voting on October 9, but which are not part of the Arkansas River Master Corridor Plan. The 41st Street pedestrian-only bridge would in fact obstruct something that is in the ARMCP: A combination vehicle and pedestrian bridge linking Red Fork to Brookside.

The two pedestrian-only bridges will connect on the west side of the river to an industrial area and a railroad track, respectively. Cyclists and joggers may appreciate having more ways to make a circuit around the river, but few Tulsans will make use of these bridges, which are priced at $15 million a piece.

Up in Amsterdam, N. Y., Robert N. Going wonders about the value of a pedestrian bridge proposed to span the Mohawk River. Like our 61st Street bridge, this one would dead-end at a railroad track and would fall well short of connecting the two sides of the town.

In Amsterdam's case, the bridge is being financed by a statewide bond issue that passed a couple of years ago. The local assemblyman (equivalent to Oklahoma's state representative) included money for the bridge in the bond. Just as Tulsa County officials didn't consult with City of Tulsa officials about the City's priorities for the river, the assemblyman didn't speak to Amsterdam city officials about whether there were better ways to use the $17 million that he had finagled for the pedestrian bridge.

Robert presents an alternative and less expensive idea that would improve the city's waterfront and usefully connect one place to another. His idea won't get anywhere, because it doesn't cost enough and involve enough money for construction contracts, so there won't be anyone with a financial motivation to lobby for its approval.

It took me a while to figure this out, but to the people who make the decisions, a plan for civic improvement isn't a real plan unless it involves higher taxes, the issuance of revenue bonds, and lots and lots of concrete and steel. There has to be a sufficiently concentrated benefit for some group of businesses and institutions to make it worth their while to lobby and campaign for something.

I've been outspoken in opposition to several of these big tax projects, but each time I've offered an alternative approach to civic improvement. When The Channels concept surfaced last fall, I used my UTW column to set out what I think Tulsans really want when they say they want river development and the best way to make that happen.

My approach to civic improvements usually involves a series of incremental improvements, none of them wildly expensive. Roberta Brandes Gratz's concept of "urban husbandry," as opposed to "project planning," guides me in this regard. Some of my ideas involve redeploying existing resources or eliminating regulatory barriers (e.g., allowing entrepreneurs to operate private bus services, aka jitneys).

I've always marveled at how quick the Vote Yes folks are to scoff at my alternatives to their plans for civic improvement. They don't want to know my alternative plan for making Tulsa a better place. They want to know my alternative plan for raising taxes and spending hundreds of millions of dollars on new construction. The idea that we don't need to raise and spend all that money is unacceptable. I can't find it right now, but there was even a letter to the editor mocking the fact that I always offer a less expensive way to do something.

One more thought connected to this: Vision 2025 included $15 million for the Route 66 corridor. That kind of money could have been used to amazing effect, supplementing the positive impact of the National Park Service's Route 66 Corridor Preservation Program. The money could have funded facade improvements, rehabilitation of neon, and other efforts to preserve and restore commercial buildings along Route 66 in Tulsa County. It's the roadside businesses, and the memories they stir of pre-Interstate Highway travel, that draw people to Route 66. (The federal program has $10,000,000 to spend over 2,000 miles of road. Tulsa County has $15,000,000 for 26 miles of road.)

Instead, much of the money is being used to build a new museum, which means a big general construction contract and lots of money flowing down to subcontractors. No one thought of using the money for restoration and preservation of existing buildings because no one could figure out how to make a buck off of it. (Which is silly, because there is money in restoration and preservation. The notion just hasn't caught on here yet.)

RELATED: An excellent post by Jeff Shaw which fed into my thoughts on this issue as well. He asks some questions of the economic impact numbers the Chamber Pots are touting for the river tax plan. I have a copy of that spreadsheet, which I intend to post soon, and at first glance it looks like their economic impact estimate is predicated on how much tax money is spent on construction. No account is made of the impact of withdrawing the money for construction from the uses to which it would have been put otherwise. The model behind it seems to predict that if you taxed every penny and devoted it to construction of new public facilities, the city would become a wealthy paradise.

Via KJRH's website, here's the complete text of the resolution approved this last Thursday by the Tulsa County Commission, calling for an October 9th election for a 4/10% sales tax for river projects:

RESOLUTION

A RESOLUTION AMENDING A RESOLUTION AUTHORIZING AND DIRECTING THE CALLING AND HOLDING OF A SPECIAL ELECTION IN TULSA COUNTY , OKLAHOMA, FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED, QUALIFIED VOTERS OF SAID COUNTY THE QUESTION OF LEVYING AND COLLECTING A FOUR-TENTHS OF ONE PERCENT (4/10%) SALES TAX FOR THE PURPOSE OF ARKANSAS RIVER CORRIDOR DEVELOPMENT WITHIN TULSA COUNTY, OKLAHOMA, AND/OR TO BE APPLIED OR PLEDGED TOWARD THE PAYMENT OF PRINCIPAL AND INTEREST ON ANY INDEBTEDNESS, INCLUDING REFUNDING INDEBTEDNESS, INCURRED BY OR ON BEHALF OF TULSA COUNTY FOR SUCH PURPOSE; PROVIDING BALLOT TITLE; PROVIDING FOR NOTICE TO TULSA COUNTY ELECTION BOARD, POLLING PLACES AND CONDUCT OF SUCH ELECTION; AND PROVIDING FOR COMMENCEMENT AND DURATION OF SUCH SALES TAX.

WHEREAS, it is deemed necessary and advisable by the Board of County Commissioners of Tulsa County, Oklahoma, to improve the general economic conditions and quality of life of the people of Tulsa County, Oklahoma, by development of the Arkansas River corridor within the County; and

WHEREAS, there are no funds in the treasury for such purpose and power is granted said County by Title 68, Oklahoma Statutes 2001, Section 1370, as amended, to levy and collect a sales tax to provide funds for such purpose providing the same be authorized by a majority of the registered voters thereof voting at an election duly held for such purpose; and

WHEREAS, the Board of County Commissioners of Tulsa County, Oklahoma, adopted a comprehensive resolution on August 2, 2007 (the “Original Resolution”), calling an election for the foregoing purpose; and

WHEREAS, it has been determined to amend and restate the Original Resolution in its entirety as hereinafter provided in order to clarify certain aspects of the projects to be funded from such sales tax and the composition and duties of the public trust created in connection therewith.

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA:

Section 1.The Original Resolution is hereby amended in its entirety to read as follows:

“RESOLUTION

A RESOLUTION AUTHORIZING AND DIRECTING THE CALLING AND HOLDING OF A SPECIAL ELECTION IN TULSA COUNTY, OKLAHOMA, FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED, QUALIFIED VOTERS OF SAID COUNTY THE QUESTION OF LEVYING AND COLLECTING A FOUR-TENTHS OF ONE PERCENT (4/10%) SALES TAX FOR THE PURPOSE OF ARKANSAS RIVER CORRIDOR DEVELOPMENT WITHIN TULSA COUNTY, OKLAHOMA, AND/OR TO BE APPLIED OR PLEDGED TOWARD THE PAYMENT OF PRINCIPAL AND INTEREST ON ANY INDEBTEDNESS, INCLUDING REFUNDING INDEBTEDNESS, INCURRED BY OR ON BEHALF OF TULSA COUNTY FOR SUCH PURPOSE; PROVIDING BALLOT TITLE; PROVIDING FOR NOTICE TO TULSA COUNTY ELECTION BOARD, POLLING PLACES AND CONDUCT OF SUCH ELECTION; AND PROVIDING FOR COMMENCEMENT AND DURATION OF SUCH SALES TAX.

WHEREAS, it is deemed necessary and advisable by the Board of County Commissioners of Tulsa County, Oklahoma, to improve the general economic conditions and quality of life of the people of Tulsa County, Oklahoma, by development of the Arkansas River corridor within the County; and

WHEREAS, there are no funds in the treasury for such purpose and power is granted said County by Title 68, Oklahoma Statutes 2001, Section 1370, as amended, to levy and collect a sales tax to provide funds for such purpose providing the same be authorized by a majority of the registered voters thereof voting at an election duly held for such purpose.

Section 1. There is hereby called a special election in Tulsa County to be held on the 9th day of October, 2007, for the purpose of submitting to the registered voters thereof the following proposition:

PROPOSITION

"SHALL THE COUNTY OF TULSA, OKLAHOMA, BY ITS BOARD OF COUNTY COMMISSIONERS, LEVY AND COLLECT A FOUR-TENTHS OF ONE PERCENT (4/10%) SALES TAX FOR THE PURPOSE OF ARKANSAS RIVER CORRIDOR DEVELOPMENT WITHIN TULSA COUNTY, OKLAHOMA, AND/OR TO BE APPLIED OR PLEDGED TOWARD THE PAYMENT OF PRINCIPAL AND INTEREST ON ANY INDEBTEDNESS, INCLUDING REFUNDING INDEBTEDNESS, INCURRED BY OR ON BEHALF OF TULSA COUNTY FOR SUCH PURPOSE, SUCH SALES TAX TO COMMENCE ON JANUARY 1, 2008, AND CONTINUING THEREAFTER TO DECEMBER 31, 2014?"

Section 2. The ballot setting forth the above proposition shall also contain in connection with the said proposition the following words:

FOR

The Above Proposition

AGAINST

The Above Proposition

Only the registered, qualified voters of Tulsa County, Oklahoma, may vote upon the proposition as above set forth.

The polls shall be opened at 7:00 o'clock A.M. and shall remain open continuously until and be closed at 7:00 o'clock P.M.

The number and location of the polling places for said election shall be the same or the regular precinct polling places as designated for statewide and county elections by the Tulsa County Election Board. Such election shall be conducted by those officers designated by the Tulsa County Election Board, which officers shall also act as counters and certify the election results as required by law.

Section 3. The County Clerk of Tulsa County is hereby directed to transmit a copy of this Resolution to the Secretary of the Tulsa County Election Board immediately upon approval hereof by the Board of County Commissioners of Tulsa County, Oklahoma.

Section 4. Subject to approval of a majority of the registered voters of Tulsa County voting thereon as herein provided, there is hereby levied in addition to all other taxes in effect in Tulsa County, Oklahoma, a sales tax of four-tenths of one percent (4/10%) upon the gross proceeds or gross receipts derived from all sales or services in Tulsa County upon which a consumers sales tax is levied by the State of Oklahoma for the purpose set forth in Section 7 hereof.

Section 5. The tax herein levied shall be and remain in effect for a period commencing on January 1, 2008, and continuing thereafter to December 31, 2014.

Section 6.

A. For the purpose of this Section only, the following words and terms shall be defined as follows:

1.“County” shall mean Tulsa County, Oklahoma.

2.“County Treasurer” shall mean the Treasurer of Tulsa County, Oklahoma.

3.“Dependent” shall mean every person who is a member of the household of the applicant and for whom applicant is entitled to claim a personal exemption under and pursuant to the Federal income tax laws.

4.“Family” shall mean one or more persons living in the same household who pool their various sources of income into one budget to achieve the effect of sharing the cost of providing for support of the group.

5.“Household” includes all persons who occupy a group of rooms or single room which is regarded as a housing unit when it is occupied as separate living quarters, and when there is either:

i. Direct access from the outside of the building or through a common hall; or

ii. Complete kitchen facilities for the exclusive use of the occupants.

6.“Income” includes all money received during the year and available to be used to provide support for the family or household.

7.“Person” shall mean an individual, but shall not include a company, partnership, joint venture, joint agreement, association (mutual or otherwise), corporation, estate, trust, business trust, receiver, or trustee appointed by state or federal court or otherwise, syndicate, the State of Oklahoma, any court, city, municipality, school district, or any other political subdivision of the State of Oklahoma or group or combination acting as a unit, in the plural or singular number.

8.“Resident” shall mean any person who has resided in the corporate limits of the County for the entire calendar year for which the refund is applied.

B. Every person desiring to make a claim for a tax rebate must submit to the County a written application therefore, on forms to be provided by the County, between January 1 and March 31 of the year following the year for which the rebate is being sought, beginning with the year 2009.

C.The qualifications for senior rebate include the following:

1.The person must be a resident of the County.

2.The person must be sixty-five (65) years of age or older during a portion of the year for which the rebate is being sought.

3.The person can claim a rebate only as a family member who contributed the greatest share of the family income and for members of the household who are residents of the County and who are dependent upon the said applicant.

4.No person who may be claimed as a member of the household on another resident’s application shall be entitled to a rebate. If a rebate is claimed on more than one application for the same person, the County Treasurer shall determine the person entitled to claim the rebate provided in this Section.

D. The qualifications for low-income rebate include the following:

1. The person must meet the eligibility criteria for the Oklahoma Sales Tax Relief Act pursuant to Title 68, Oklahoma Statutes 2001, Section 5011, as amended, OR the Oklahoma Earned Income Tax Credit pursuant to Title 68, Oklahoma Statutes 2001, Section 2357.43, as amended, and must timely file for such with the Oklahoma Tax Commission.

2. The person must be a resident of the County.

3. The person can claim a rebate only as a family member who contributed the greatest share of the family income and for members of the household who are residents of the County and who are dependent upon the said applicant.

4. No person may be claimed as a member of the household on another resident’s application shall be entitled to a rebate. If a rebate is claimed on more than one application for the same person, the County Treasurer shall determine the person entitled to claim the rebate provided in this Section.

E. If the applicant meets the requirements to qualify for a senior rebate, the County shall rebate the sum of $25.00. If the applicant meets the requirements to qualify for a low-income rebate, the County shall rebate the sum of $25.00. A person may claim and shall be entitled to only one rebate, either the senior rebate or the low- income rebate, but not both rebates.

F. The County Treasurer is to administer the rebate program established in this Section. He is authorized to prepare a form for application for rebate and adopt rules and regulations as long as the same are not inconsistent with the provisions of this Section, and shall audit and check the applications. The amount of rebate above set forth shall apply to each year of the seven-year program.

G. The burden is on the applicant to establish that he is entitled to a rebate. The County Treasurer is authorized to require reasonable supporting information which shall be uniformly required of all applicants. Upon an audit of the application, the County Treasurer can require all reasonable written and other information necessary to satisfy him that the application is valid.

Should any application be denied, the County Treasurer shall state the reasons therefore in writing to the applicant and indicate all or the portion of the application being denied. Such determination shall be final unless the applicant, within thirty (30) days after such notice of determination, shall apply in writing to the Board of County Commissioners of the County for a hearing. After such hearing the Board of County Commissioners of the County shall give written notice of the determination to the applicant.

An applicant shall not be entitled to a rebate when he has been denied by the Board of County Commissioners of the County or when he has had an opportunity for a hearing as provided in this Section and has failed to avail himself of the remedies herein provided.

Section 7. All valid and subsisting permits to do business issued by the Oklahoma Tax Commission pursuant to the Oklahoma Sales Tax Code are, for the purpose of this Resolution, hereby ratified, confirmed and adopted in lieu of any requirement for an additional County permit for the same purpose.

Section 8. It is hereby declared to be the purpose of this Resolution to provide revenue for the purpose of Arkansas River corridor development within Tulsa County, Oklahoma, and/or to be applied or pledged toward the payment of principal and interest on any indebtedness, including refunding indebtedness, incurred by or on behalf of Tulsa County for such purpose, including the following projects:

Total:

Arkansas River improvements including but not limited to Sand Springs low water dam, pedestrian bridge and lake ($24.70 million), Zink Dam modifications ($15.45 million), modification of river channel from Zink Lake to South Tulsa/Jenks Lake ($90 million), South Tulsa/Jenks low water dam, pedestrian bridge and lake, and low water dam, lake and river studies ($24.70 million).

$154,850,000

Arkansas River corridor land acquisition, infrastructure, bridge improvements and site development, and Arkansas river studies for Tulsa, Broken Arrow, Jenks, Sand Springs and Bixby.

$57,400,000

Bridging East and West Arkansas River Banks and Downtown, including but not limited to pedestrian River crossings at 41st Street and 61st Street ($30 million), and connectors from downtown Tulsa to the Arkansas River and transportation corridor studies ($15 million).

$45,000,000

Projects Contingency

$25,000,000

While the cost estimates shown above are believed to be accurate, it must be recognized that the exact cost of each project may vary from the estimate shown. It is the intention of the Board of County Commissioners of Tulsa County , Oklahoma, that all projects shall be completed as funds are made available. The nature and scope of all projects shall be determined by a public trust having Tulsa County, Oklahoma, the City of Tulsa, Oklahoma, and any other municipality having its mayor as a trustee of such trust as its beneficiaries. Such public trust shall have nine trustees consisting of, ex- officio, the three members of the governing body of Tulsa County, Oklahoma, the Mayor of the City of Tulsa, Oklahoma, a member of the River Parks Authority designated by the Chairman of the River Parks Authority, two members appointed by the Mayor of the City of Tulsa, Oklahoma, and two members appointed by the governing body of Tulsa County, Oklahoma, one of which shall be, ex officio, the Mayor of either Bixby, Jenks, Broken Arrow or Sand Springs, Oklahoma, and the other of which shall be, ex officio, the Mayor of either Owasso, Glenpool, Collinsville, Skiatook or Sperry, Oklahoma. In the expenditure of all funds hereunder, preference shall be given to local vendors and contractors to the extent permitted by law. In addition, such public trust shall approve any deletion or addition of projects from those listed above and any major change in scope of any such project following a public hearing by such trust. The Indian Nations Council of Governments shall provide consulting services to such public trust upon request.

Section 9. There is hereby specifically exempted from the sales tax levied by this Resolution all items that are exempt from the State sales tax under the Oklahoma Sales Tax Code.

Section 10. The tax levied hereunder shall be due and payable at the time and in the manner and form prescribed for payment of the State sales tax under the Oklahoma Sales Tax Code.

Section 11. Such sales taxes due hereunder shall at all times constitute a prior, superior and paramount claim as against the claims of unsecured creditors, and may be collected by suit as any other debt.

Section 12. The definitions of words, terms and phrases contained in the Oklahoma Sales Tax Code, Title 68, Oklahoma Statutes 2001, Section 1352, as amended, are hereby adopted by reference and made a part of this Resolution.

Section 13. The term "Tax Collector" as used herein means the department of the County government or the official agency of the State duly designated according to law or contract authorized by law to administer the collection of the tax herein levied.

Section 14. For the purpose of this Resolution the classification of taxpayers hereunder shall be as prescribed by state law for purposes of the Oklahoma Sales Tax Code.

Section 15. (a) The tax herein levied shall be paid to the Tax Collector at the time in form and manner provided for payment of State sales tax under the Oklahoma Sales Tax Code. (b) The bracket system for the collection of the sales tax provided for herein by the Tax Collector shall be as the same is hereafter adopted by the agreement of the Board of County Commissioners of Tulsa County, Oklahoma, and the Tax Collector, in the collection of both the sales tax provided for herein and the State sales tax.

Section 16. (a) The tax levied hereunder shall be paid by the consumer or user to the vendor, and it shall be the duty of each and every vendor in this County to collect from the consumer or user, the full amount of the tax levied by this Resolution, or any amount equal as nearly as possible or practicable to the average equivalent thereof.

(b) Vendors shall add the tax imposed hereunder, or the average equivalent thereof, to the sales price, charge, consideration, gross receipts or gross proceeds of the sale of tangible personal property or services taxed by this Resolution, and when added such tax shall constitute a part of such price or charges, shall be debt from the consumer or user to vendor until paid, and shall be recoverable at law in the same manner as other debts.

(c) A vendor who willfully or intentionally fails, neglects or refuses to collect the full amount of the tax levied by this Resolution, or willfully or intentionally fails, neglects or refuses to comply with the provisions hereof or remits or rebates to a consumer or user, either directly or indirectly, and by whatsoever means, all or any part of the tax herein levied, or makes in any form of advertising, verbally or otherwise, any statement which infers that he is absorbing the tax, or paying the tax for the consumer or user by an adjustment of prices or at a price including the tax, or in any manner whatsoever, shall be deemed guilty of an offense, and upon conviction thereof shall be fined not more than One Hundred Dollars ($100.00), plus costs, and upon conviction for a second or other subsequent offense shall be fined not more than Five Hundred Dollars ($500.00), plus costs, or incarcerated for not more than sixty (60) days, or both. Provided, sales by vending machines may be made at a stated price which includes state and any municipal sales tax.

(d) Any sum or sums collected or required to be collected hereunder shall be deemed to be held in trust for Tulsa County, Oklahoma, and, as trustee, the collecting vendor shall have a fiduciary duty to Tulsa County, Oklahoma in regards to such sums and shall be subject to the trust laws of this state. Any vendor who willfully or intentionally fails to remit the tax, after the tax levied by this article was collected from the consumer or user, and appropriates the tax held in trust to his own use, or to the use of any person not entitled thereto, without authority of law, shall be guilty of embezzlement.

Section 17. Returns and remittances of the tax herein levied and collected shall be made to the Tax Collector at the time and in the manner, form and amount as prescribed for returns and remittances required by the Oklahoma Sales Tax Code; and remittances of tax collected hereunder shall be subject to the same discount as may be allowed by the Oklahoma Sales Tax Code for collection of State sales tax.

Section 18. The provisions of Title 68, Oklahoma Statutes 2001, Section 217, as amended, and of Title 68, Oklahoma Statutes 2001, Sections 1350 et seq., as amended, are hereby adopted by reference and made a part of this Resolution, and interest and penalties at the rates and in amounts as therein specified are hereby levied and shall be applicable in cases of delinquency in reporting and paying the tax levied by this Resolution. Provided, that the failure or refusal of any taxpayer to make and transmit the reports and remittances of tax in the time and manner required by this Resolution shall cause such tax to be delinquent. In addition, if such delinquency continues for a period of five (5) days the taxpayer shall forfeit his claim to any discount allowed under this Resolution.

Section 19. The interest or penalty or any portion thereof accruing by reason of a taxpayer's failure to pay the sales tax herein levied may be waived or remitted in the same manner as provided for such waiver or remittance as applied in administration of the State sales tax provided in Title 68, Oklahoma Statutes 2001, Section 220, as amended; and to accomplish the purposes of this section the applicable provisions of such Section 220 are hereby adopted by reference and made a part of this Resolution.

Section 20. Refund of erroneous payment of the sales tax herein levied may be made to any taxpayer making such erroneous payment in the same manner and procedure, and under the same limitations of time, as provided for administration of the State sales tax as set forth in Title 68, Oklahoma Statutes 2001, Section 227, as amended, and to accomplish the purposes of this Section, the applicable provisions of such Section 227 are hereby adopted by reference and made a part of this Resolution.

Section 21. In addition to all civil penalties provided by this Resolution, the willful failure or refusal of any taxpayer to make reports and remittances herein required, or the making of any false and fraudulent report for the purpose for avoiding or escaping payment for any tax or portion thereof rightfully due under this Resolution shall be an offense, and upon conviction thereof the offending taxpayer shall be subject to such fines as set out under Title 68, Oklahoma Statutes 2001, Section 241, as amended.

Section 22. The confidential and privileged nature of the records and files concerning the administration of this sales tax is legislatively recognized and declared, and to protect the same the provisions of Title 68, Oklahoma Statutes 2001, Section 205, as amended, of the Oklahoma Sales Tax Code, and each subsection thereof is hereby adopted by reference and made fully effective and applicable to administration of this sales tax as if here set forth in full.

Section 23. The people of Tulsa County, Oklahoma, by their approval of the proposition set forth in Section 1 of this Resolution at the election hereinabove provided, hereby authorize the Board of County Commissioners of Tulsa County, Oklahoma, by Resolutions duly enacted to make such administrative and technical changes or additions in the method and manner of administration and enforcing this Resolution as may be necessary or proper for efficiency and fairness except that neither the rate of the tax herein provided, nor the term, nor the purpose of the tax herein provided, shall be changed without approval of the qualified electors of the County as provided by law.

Section 24. The Board of County Commissioners of Tulsa County, Oklahoma, hereby declares for the benefit of the taxpayers of Tulsa County, Oklahoma, its solemn intent that the sales tax levied pursuant to this Resolution be ended at the earliest possible time upon payment of all indebtedness secured by such sales tax, or adequate provision for such payment having been made, and sufficient funds collected for all projects contemplated hereunder.

Section 25. The provisions hereof shall be cumulative, and in addition to any and all other taxing provisions of County Resolutions.

Section 26. The provisions hereof are hereby declared to be severable, and if any section, subsection, paragraph, sentence or clause of this Resolution is for any reason held invalid or inoperative by any Court of competent jurisdiction such decision shall not affect any other section, subsection, paragraph, sentence or clause hereof.”

PASSED AND APPROVED this 9th day of August, 2007.

BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY , OKLAHOMA

__________________________________

Randi Miller, Chairman

Board of County Commissioners

ATTEST:

____________________________

Earlene Wilson, County Clerk

(SEAL)

There's been an interesting discussion over at the TulsaNow forum, looking ahead to the river tax vote in October, and looking back to the Vision 2025 tax vote back in 2003. There were persistent rumors that certain major companies blasted e-mails to their employees, urging them to vote yes, and that one company in particular, the Bank of Oklahoma, pressured employees to allow the vote yes campaign to put signs in their yards. BOk was one of the largest donors to the vote yes campaign, and a subsidiary of BOk Financial Corp., Leo Oppenheim, got half of the Vision 2025 revenue bond business.

In the course of the discussion, a user identifying himself with the handle "bokworker" was denying that there had been any sort of pressure on BOk employees to support Vision 2025, but he finally acknowledged this much (emphasis added; "Oil Capital" and "FB" are other participants in the discussion):

Oil Capital, as I recall the "incident" in question, there was an article posted on the banks' internal intranet informing employess about the Vision 2025 initiative and that the bank, as an entity, supported the initiative. The article stated that those employees that also supported the intitiative could ( note, it said COULD not WOULD) have a sign placed in their front yard to indicate their support. Those that did not want a sign or were not in support of the issue could "opt-out" by clicking the attached link and it was done. There was no effort in opting out besides a finger click. I will agree that I am not good at reading the minds of thousands of BOk employees any more than FB is. I can relate however that the so called "implicite coersion" was not felt by me or any of my co-workers. Is it possible that one or more employees felt uncomfortable in opting out? I suppose, but I did not.

Could the bank have worded the intranet article in a manner that you had to "opt-in" to get a sign put in your yard? I suppose but since I didn't feel like the bank was doing something that put my future with the organization at risk by "opting-out" I didn't give it a second thought. My angst with FB was that the banks actions were some sort of a conspiracy on the part of management to force the actions of its' employees to follow the company line. Nothing could be further from the truth.

It's 2003, and Tulsa has lost over 25,000 high tech jobs in the last two years. You go to work, sit down at your desk, log into the network, and you see an article telling you the company supports the Vision 2025 tax increase, and if you don't support it or don't want a "vote yes" sign in your yard, you can click a link and opt out. Would you click that link, knowing that there will be a record made of your decision?

Or would you suddenly remember your friend at that oil company who opposed the Tulsa Project and was fired after the election? Would you decide that it's not worth it to rock the boat?

There may be an honorable situation for forcing employees or subscribers or customers to "opt out" instead of allowing them to "opt in" but I can't think of one. At the very least Mr. Opt Out is hoping you'll forget to uncheck the box. Or maybe he'll set it up so that opting out requires checking a box, with the hope that you won't read closely enough or will just overlook it.

What BOk did, if this employee's story is accurate, is far worse. If you disagreed with your company's position on the tax, you had to conspicuously identify yourself as an opponent. Making the signs opt-in would have allowed opponents of the tax to blend in with those who just didn't get around to requesting a sign.

While I haven't heard this kind of story yet in this campaign, I am already hearing about pressure being applied by supporters of the new tax to shut down opposition. I've already heard of a neighborhood leader is being pressured not to allow an opponent of the tax to share the stage with a representative from the county at their neighborhood meeting. This is a sign of insecurity on the part of the proponents. If they believe their spin won't stand up to cross-examination, they'll refuse to debate someone who is able to use facts and reason to rebut their claims.

You tax supporters: If this is such a good deal, let it stand on its own merits. You shouldn't need to use threats, either explicit or implicit, to win support.

Just got word: To no one's surprise, the Tulsa County Commission voted unanimously to schedule an October 9 vote for a new seven year, 0.4% sales tax to fund river projects.

More commentary later.

Why the hurry?

| | Comments (4) | TrackBacks (0)

A number of people have asked why the county commissioners seem to be in such a rush to put a sales tax hike on the ballot to pay for their proposed Arkansas River projects. The official answer from County Commissioner Randi Miller is that they're not in a rush at all, because the Arkansas River Corridor Master Plan (ARCMP) has been in the works for four years.

This is an instance of misdirection, deliberately confusing the ARCMP with the river tax propsal: The ARCMP is a plan for capital improvements and development along the length of the river through Tulsa County over the course of the next several decades. The proposed river tax plan, implements a few projects in the ARCMP, but also includes projects (like a pedestrian-only 41st Street bridge) at odds with the ARCMP, and except for a few million for "studies" it excludes the sections of the river south of Jenks, and between Sand Springs and downtown Tulsa.

The river tax plan wasn't announced until June 20, 2007, and the details of the plan still have not been made public. We don't yet know how much each project line item is estimated to cost. The ballot resolution, the legally binding document that spells out how the tax revenues will be spent and how it will be governed, hasn't been made public yet, but the commissioners will be voting on it today (Thursday). One of the key issues is the composition of the board that will decide how to divvy up the $57.4 million for "River Corridor Land Acquisition." Will the City of Tulsa be well-represented on this board? What is the real likelihood that Tulsa will get any of the money for encouraging private riverfront development within the City of Tulsa's limits. On KFAQ Wednesday morning, Commissioner Fred Perry was unsure of the details of how the land acquisition would be handled and whether the city or the county or a nine-member trust would own the land.

There's a scheduled statewide election, a presidential primary, on February 5 -- we'd avoid the extra $170,000 cost of a special election. There are also two other dates before the end of the year, in November and December, on which an election could be held. There's time to air all the details publicly, receive public comment, and adjust the proposal.

So what's the real hurry? Commissioner Perry gave a very straightforward answer Wednesday morning. (It's about 22 minutes into this podcast.)

I think that to a great extent that is being driven by the philanthropists who have brought forth the private money, who -- basically, the way George Kaiser, I heard him put it, where his $50 million is concerned, is that normally he gives money to educational uses and human needs uses and so on -- his foundation does -- and that obviously there's probably some tax implications coming up on the end of the year, and if the public was not, you know, going to pass this then he wanted to be able to put his money elsewhere. And I've heard, you know, similar comments from some of the other people that are giving money.

Interesting that someone else's tax issues appear to be the reason for rushing ahead with a tax increase vote. There's more to this story, having to do with foundations and required annual payouts, but it'll have to wait.

Michelle sees something amiss with all the getting ready for company in advance of the PGA:

Okay, let me get this straight - we don't have the money to fix our streets or hire enough police officers, but we have the money to take police away from their main job (fighting crime) to direct traffic around Southern Hills for the PGA? Does anyone else believe that our mayor is all image and no substance? We want to look good for Tiger, Phil and their crowd, but who cares about the people that live here day in and day out? I guess we don't matter.

Steve Roemerman has posted some photos that his great-grandmother sent to his grandfather while he was in the South Pacific as a Seabee during WW II. They're pictures of Roemerman Feed & Implement in Blakesburg, Iowa. He also has photos of the remodeling of old Eastland Mall.

Mad Okie's front end is out of whack:

and I can't afford to fix it because of all the taxes I'm having to pay... but at least we have water in the river!

That's the reality of the situation. our "leaders" have thrown so much money around trying to find a "quick fix" that they have neglected the basic needs of the city. Roads and Cops. So what is their plan? Throw money into the river... literally.

Will Tulsa approve of it? Probably, for some reason we have either given up, or we have bought their lies... hook, line and sinker.

The truth is we have already approved a tax for the river in Vision 2025. If we don't hold them to what we voted for, then they will be emboldened to do whatever they please with the money we entrust to them.


Jeff Shaw has his own take on the new "I Am... Tulsa" ad campaign. And he's set up a website for his portrait photography business.

Roemerman and meeciteewurkor have been having fun with Photoshop and Tulsa Mayor Kathy Taylor, but the first photo in this entry is no fake -- there really was a FSBO sign on the reception desk at the Mayor's office. Mee has Kathy as Borg queen with her new Borg cube City Hall, and the Mayor keeping the Council in line.

Tulsa Chiggers is hosting a Blog Reader Survey for his readers.

(The BatesLine blog reader survey is still open for a few more days too. I'll be giving away at least two $10 Amazon gift certificates selected at random from those who have participated. Thanks to all who have done so already.)

This comment on an earlier entry by S. Lee was so well-made that I thought it deserved spotlighting here:

Rather than be accused of a being a "nay sayer" (which, as we all know, is almost as bad as being a fan of Ann Coulter), I would suggest using Cleveland, OH as an example of how buying stuff does not constitute economic development. Cleveland is a great example of a city population that was sucked into to voting for tax increase after tax increase to pay for stuff that would magically transform the city into greatness. Instead, all they got was rapid population loss, high taxes, and a crime rate even higher than Tulsa's.

Much of what is being hustled to Tulsa voters and the method of hustling looks like Cleveland deja vu all over again. Take a look at Cleveland's web site. If stuff was what made a city, then Cleveland ought to be solid gold. But it ain't. People are moving out of Cuyahoga county over to Lorain county ... where the taxes are lower (probably crime too). Brothers and sisters, can I have a Homer Simpson "Doh!"

Note a web page about living downtown; and (egad!) a waterfront project.

I've read comments about how full the Arkansas river has been lately, and wouldn't it be nice if it were always like that. I wouldn't know since you can only see the river from a very, very small part of Tulsa where I've not taken the time to go so I can see a river. Wow! A river! I'm sure I missed out on the thrill of my life -- but I sure have seen a lot of bad roads. I'll trade some better roads and lower crime for a sandy river (that I don't often see) any day, any time.

It might be interesting, at one of the county meetings, to get a show of hands of how many people know what kind of convention center and city offices Charlotte, NC has. How many people at the meeting care about what other stuff Charlotte has bought lately? If they got a job offer in Charlotte, would they be asking what kind of stuff has Charlotte bought lately; or would they be more interested in mundane things such as transportation, crime rate, and schools?

Some folks are just so stinkin' boring.

It's been a while since I've been to Cleveland, but I attended two weddings in Cleveland and a third in Canton back in the early '90s. I remember going with some friends down to the Flats and eating at (ho hum) TGI Fridays on a Friday night. (It was May 1992 and the night of Johnny Carson's last tonight show.) The Flats is a former industrial / warehousing area on the banks of the Cuyahoga River which was converted into an entertainment district, much like Bricktown in Oklahoma City or Laclede's Landing in St. Louis. I was surprised to read not long ago that the Flats are now under re-re-development.

County Commissioner Randi Miller has scheduled her one and only public meeting on the $282.25 million river tax plan for tomorrow -- Sunday, July 29, at 2 p.m., in the at the east end of the QuikTrip Center (formerly known as the IPE Building and as the Expo Center). That probably means it's in the cafeteria building, a smaller brick building attached to the east end of the bigger structure.

The information was in Saturday morning's Whirled, buried on page A17, in the least read edition of the paper. That's a good way to make sure that, say, county employees know to show up, but citizens with questions and concerns don't get the word.

There will be three other meetings on the topic, all hosted by County Commissioner Fred Perry. Here is the complete list from the Whirled:

Sunday: 2-4 p.m. at the east end of the QuikTrip Center (formally known as the Exposition Center) at Expo Square; Commissioner Randi Miller will give a PowerPoint presentation.

Monday: 7 p.m. at Hardesty Regional Library, 8316 E. 93rd St; discussion hosted by Commissioner Fred Perry.

Tuesday: 7 p.m. at the CityPlex Towers, 81st Street and Lewis Avenue, on the second floor of the atrium building; discussion hosted by Perry.

Wednesday: 7 p.m. at Central on Main, 210 N. Main St. in Broken Arrow; discussion hosted by Perry.

Come and make your voice heard. Word is they'll vote on putting the tax on the ballot on Thursday.

If I'm able to go, I have two three things to tell the county commissioners:

(1) They promised to construct two low-water dams and to improve Zink Lake as part of Vision 2025, and they promised that the projects on the ballot would be fully funded before any new projects are considered. They need to keep that promise and fund the construction of low-water dams and Zink Lake improvements from Vision 2025 money. It's wrong for the County Commissioners to make us tax ourselves twice to get what we've already paid for.

(2) It is irresponsible for the County Commissioners to send a tax hike to a public vote when they haven't given due consideration to funding these projects without a tax increase.

(3) If the County Commissioners say they can't find a way to fund the low-water dams with Vision 2025 money, they are saying that there isn't enough money in Vision 2025 to complete all the promised projects.

MORE: Ken Neal's Sunday Whirled column is already on the web. Neal praises Commissioners Fred Perry and John Smaligo for having become more open-minded about tax increases and accuses City Councilor John Eagleton of trying to delay river development for many years. And Ken's notion that borrowing against future revenues would be like a second mortgage is just plain wrong. Tulsa County has been borrowing against future Vision 2025 revenues all along, with the intention of completing all projects in the first half of the 13 year period of the tax.

STILL MORE: TulTellitarian, writing at meeciteewurkor.com, has been crunching numbers, too. He makes some different assumptions but comes to the same conclusion: There's enough money in Vision 2025 to pay for the low-water dams and Zink Lake work that was promised, enough even for all the essential pieces of the new proposal. (By the way, he used Google Documents to embed spreadsheets in the blog entry. For that reason alone, if you're interested in web technology, it's worth clicking through to see how that works.)

Tulsa County Commissioner Randi Miller held a press conference today to explain why she absolutely has to have a higher sales tax rate in order to build the low-water dams that she promised would be built by the existing Vision 2025 tax.

Miller was responding to a proposal by Tulsa City Councilor John Eagleton, who called for paying for river plan implementation from the existing Vision 2025 sales tax, asking voters to extend that tax if its necessary to complete the projects, rather than increasing the tax rate.

I made a similar proposal in this week's column in Urban Tulsa Weekly. Tulsa County voters were promised three river related projects as part of Proposition 4:

Construct two low water dams on Arkansas River the locations of which will be determined in the Arkansas River Corridor Plan -- $5.6 million

Zink Lake Shoreline Beautification -- $1.8 million

Design and construct Zink Lake Upstream Catch Basin and silt removal -- $2.1 million

Last week on KFAQ, Vision 2025 project manager Kirby Crowe said of these funds, only $275,000 has been spent, to cover the cost of environmental paperwork that must be completed prior to constructing the dams. The rest, he said, is "unspent and protected."

In my column, I point out that these dams were promised as a part of Vision 2025, and that County Commissioners committed to completing all the projects as promised, and as quickly as possible. (I do find it interesting that neither of the two Whirled stories, about Eagleton's idea and Miller's response, mentions that construction of the dams were promised as part of Vision 2025.)

Matching funds or not, County officials made a commitment to complete the projects that were promised. In a July 23, 2003, story in the daily paper about the potential for revenues to exceed expected project costs, County Commissioner Bob Dick said that the Vision 2025 package was structured to be sure that no project would be left incomplete. Commissioner Dick was quoted as saying, “I think the worst thing you could do is promise you are going to build something and then not have enough money to build it.” So any surplus was intended first to be used to finish the promised projects.

Miller claims that we can't predict if there would be enough surplus, and if there is any, it's already been promised to the suburbs for unspecified projects.

But I'm told that no such projects have been approved by the Tulsa County Vision Authority and no such commitment was made. Mayor Taylor denies that any such promise was made. Such a promise would directly contradict something Miller was quoted as saying later in the interview:

The commissioners' primary responsibility is to ensure that the Vision 2025 projects promised voters are delivered, she said.

And that means building the low water dams and refurbishing the Zink Lake dams has to come before any new projects are undertaken.

In fact, the ballot resolution makes a formal commitment to that effect:

While the cost estimates shown above are believed to be accurate, it must be recognized that the exact cost of each project may vary from the estimate shown. It is the intention of the Board of County Commissioners of Tulsa County, Oklahoma, that all projects shall be completed as funds are made available. If the Board of County Commissioners of Tulsa County, Oklahoma, determines that all of the projects listed above will be completed with existing and projected funds and that excess funds will be available for additional projects, such excess funds shall be expended for caputal improvements for community enrichment (which does not include appropriation of any such funds to any other entity for such purpose), as determined by a public trust having Tulsa County, Oklahoma, [and all Tulsa County municipalities], as its beneficiaries.

Emphasis added. No new projects until all the listed projects are fully funded to completion.

Miller also claims that we can't get to any of the surplus money until near the end of the tax period, around 2015 or so. But as she knows, Vision 2025 is not a pay as you go project. She and her fellow commissioners have issued revenue bonds, borrowing money against future revenues so that the projects could be completed early, long before we raise the revenue.

I don't know how much has been borrowed all ready, how much has been spent, and how much is committed in the near term, but if the river is a priority, I'm sure some projects can be delayed to so that money already in hand could be used to start work on the dams. I'm sure more could be borrowed against anticipated Vision 2025 revenues. If John Piercey doesn't think he can do it, perhaps we could put the financing out for competitive bidding and find someone who can make it happen without charging us an arm and a leg.

Interesting: According to this, the river projects and all other Vision 2025 projects should have been funded in the second bond issue. The first bond issue was for $242,150,000:

Program manager Kirby Crowe said officials plan to have just one more bond issue to fund the rest of the Vision 2025 projects.

The Arkansas River projects, Broken Arrow's funding for downtown and neighborhood beautification, construction costs for the downtown Tulsa arena and renovation of the Maxwell Convention Center -- as well as the rest of the funding for projects that were only partially funded in the first bond issue -- are anticipated to be funded in the second.

Here's Randi Miller from June 2005:

While they aren't ready to act on projections for what the 13-year, sixth-tenths of a penny sales tax will bring in, Commissioners Bob Dick and Randi Miller both believe the Arkansas River is a likely candidate to see additional funding.

"It's too soon to start spending money above those things that have already been identified," Dick said. "But there's one real easy one, to say if we do have that, I think a high priority would be on the river."

The $5.6 million allocated in Vision 2025 for river projects only pays for a portion of two low-water dams. It is supposed to be used along with federal funds, but Miller said officials may need the extra money to make sure the dams get built.

"If there's any money that's available, in my opinion because we do not have enough for the dams, then I'm going to go with river development," she said.

From the same article, John Piercey provides an early estimate of a surplus and is game to try to make it available early:

Vision 2025 financial adviser John Piercey, a senior investment banker with Capital West Securities, said that virtually all of of the $65 million surplus will be collected in 2016 and 2017.

"The question becomes: Is there a way to have those funds early? We're working on that," he said.

And as recently as this January, Piercey said:

"It looks like they'll (local officials) be able to deliver everything they promised to voters, and then some."

Make it so.

TAKE ACTION: If you want County Commissioners to keep their promise and fund the low-water dams from the Vision 2025 tax, you need to let them know. The vote to put a new tax on the ballot could come as early as next Thursday. Here are phone and e-mail contacts for each:

District 1, John Smaligo: jsmaligo@tulsacounty.org, 596-5020

District 2, Randi Miller: rmiller@tulsacounty.org, 596-5015

District 3, Fred Perry: fperry@tulsacounty.org, 596-5010

It's always fascinating when you get civic and business leaders speaking more candidly than they normally would in public. Back in February, the Journal Record published a transcript of a panel discussion concerning Arkansas River development in Tulsa.

It was the Square Feet Real Estate Roundtable, and the discussion involved Steve Walman of Walman Commercial Real Estate Services, Gaylon Pinc, an engineer formerly with INCOG and now with PMg, William B. Smith, vice chairman of the Oklahoma Floodplain Managers Association and president of Hydropower International Services International Consultancy, Susan Neal, from Tulsa Mayor Kathy Taylor's staff. The roundtable was moderated by Bob Parker, vice president of retail leasing and marketing with GBR Properties.

Walman has been involved in two riverfront developments: Riverwalk Crossing on the Jenks side and King's Landing on the Tulsa side. He expressed a sense of betrayal about Vision 2025:

I think the problem I have right now, and for a lot of Tulsans is, in Vision 2025 I voted for a river and I got an arena. I sat three years ago with a city hydrologist when we were doing Riverwalk and considering King's Landing and I said, 'Listen, with $27 million of private money going on this river, it's imperative to know when this low-water dam's going in that was the No. 1 priority of Vision 2025 and is so critical to the catalyst that's going to come.' And we were never sold the reality of the process. As simplistic as my mind works, I think a lot of people thought that 2025 was going to get a low-water dam. What that did was pay for a plan to get a low-water dam and for the last three years we've been told all the reasons why it's not happening.

I don't care for the reasons why we don't get it done. I voted for it. I won't vote for another thing before that low-water dam gets built. And I don't think any Tulsan will. Remember how long it took to get 2025 passed? Nobody had faith that somebody can pull that off. Until we pull that off, I don't think anybody's going to have faith that we're going to do anything else.

Maybe that's cynical business, but every week I've got $27 million worth of shopping centers on a sandbar. And I was told three years. This is a Tulsa problem, not a personal agenda issue. If in 2025 you'd said this is a 10-year process and you don't have the money, it's going to require a lot of these things and there's federal mandates, I'd put a dollar down 2025 wouldn't have passed.

Steve, some of us tried to point out that Vision 2025 was all about the arena, and there wasn't much river funding in the package, and the river funding that was there was contingent on federal funds that were unlikely to materialize. That last point was the subject of a report on KOTV. Not many people listened.

According to Gaylon Pinc, the arena is still getting in the way of river development (emphasis added):

There were two low-water dams envisioned in 2025, but a third of the money that was budgeted, if you will, was hoping that the feds would provide the other two-thirds, with our congressional delegation as powerful as they were. The election has turned that upside down. We will no longer have as much power and influence as we would have, and Congress did not act in time to pass the legislation that would have benefited us.

And then, when the overage went to the arena, that was very disappointing, because early on the overage (referring to Vision 2025 tax revenue rising beyond projections) was really talked about going to the river. And that would have made up the gap. And it's a severe gap. We don't have enough money in Vision, if we used all the money to build even that one south low-water dam. So we need more money from the public to do that, and if we don't get that, it will be much longer than that three-year process that it would take to get it permitted, designed and then start construction.

I am very hopeful, and I will remain optimistic that we will get that money because the public wants river development. I would hope they would understand enough to know the money was short to begin with and we will need more. And all the things that caused the multimillion-dollar overage on the arena - concrete, steel, electrical, manpower - will plague us on the low-water dam costs, too. But we have a couple of years to get to that point.

But Pinc says the money is already there to fix an immediate problem -- the Zink Lake Dam (emphasis added):

The Tennessee Valley Authority is working with the Corps in finding ways to improve dam safety. Zink Dam is a killer dam; firemen, policemen, rescue folks hate it because it is so inviting. So we have Vision money to improve Zink dam and add safety, actually reface the weir downstream. Along with that we have the opportunity to do a whitewater park launching from Zink Lake, and the plume that would also double as a fish passage.

Pinc also talked about the environmental obstacles to a 71st or 81st Street dam and to many possible development sites:

The corridor master plan really only has eight potential dam sites, all of which could be feasible. Some have more challenges than others, such as the ones downstream of I-44 and 71st Street and 81st Street have a Tulsa wastewater plant upstream. No way can you build a dam where it's dominated by wastewater. So, at some point Tulsa might want to think about moving that plant that's past its day.

You know, there are major projects that could hinder riverfront development in certain corridors and that 71st corridor is one of those areas. With Helmerich Park (just south of 71st) the public owns a lot of land, there's a lot of land for development, but the bio-solvents facility across river takes away a lot of developable land for a public use that's probably no longer appropriate for that type of urban setting. But it takes a couple hundred million dollars though to move those facilities to a less visible public location. So who's going to put up that money? It's going to take higher water rates, sewer rates, to do that, but that is going to be an obstacle.

Here's Susan Neal on how Riverwalk Crossing falls short of the ideal of riverfront development (emphasis added):

But it's interesting to me how the community defines riverfront development. If they define it by Riverwalk, which is a wonderful project, acceptable to most people - well, that's different from what many of us around Tulsa County view as real riverfront development, which actually lets you interact and recreate with the river. And that's what makes it costly. If you are dining, you are dining on the river. It's not just a restaurant that you look out and you can see the river. And I think that if it were easy, it would have already been done. But until we can play on it and interact with it, walk alongside it, have a dinner beside it, navigate it on a boat and fish on it, I think we are missing the boat on riverfront development.

This little detail in the piece's introduction of Gaylon Pinc raises all sorts of questions:

When Tulsa County took over that guidance role from INCOG last year, Pinc moved to PMg to continue his participation in the next phases of river studies.

This is no reflection on Pinc, who simply moved where he needed to move in order to stay involved with a project he cares about. But who decided that INCOG would be relieved of its involvement in the plan? Did City of Tulsa officials agree to the change? And when was there a competition to decide who would provide engineering services to the County for the river plan?

My new UTW column is up, despite the holiday, and it's a first look at the new river tax proposal. A closer look at details will come in a later column; this is a big-picture analysis of the concepts and the politics of the situation.

I want to remind readers that I do not write the headlines or taglines for my columns, and I do not agree with the harsh, sarcastic tone of the tagline written for this column. I am grateful for the willingness of George Kaiser and other Tulsa philanthropists to contribute to the well-being of this city, and my suggestion that direct investment, rather than matching contributions, may be the best way to make the river the kind of place Tulsans want to enjoy is a suggestion made in earnest.

MORE: Last issue OSU political science professor J. S. Maloy wrote a response to my column about Greenwood, its post-riot recovery and its destruction by urban renewal. In this issue, my reply appears, in which I set out the sources on which I relied, should he want to verify what I wrote.

My reply was edited somewhat. Specifically, a different first paragraph was substituted for what I wrote, setting a more pompous and pugnacious tone than I intended. Here is my original first paragraph:

I'm always pleased to know that someone has given one of my columns a close and critical reading, as OSU Political Science Professor J. S. Maloy has done with my column on the rise and fall of the Greenwood district. This aspect of Tulsa history is important but overlooked, so I welcome his interest. I empathize with his disappointment that so little of Greenwood remains. My column was an attempt to use available evidence to explain why things are the way they are.

The rest of the piece appears unchanged, except for a mention of St. Monica's Catholic Church in a list of things that are still standing in "upper Greenwood" -- the few blocks of Greenwood just south of Pine.

Steve Roemerman has a report on Tuesday night's meeting of the South Tulsa Citizens' Coalition. Steve also sent an e-mail to Mayor Taylor about her position on the bridge and has posted her reply, in which she says, "I am asking the experts for recommendations on the best way to finance the bridge and for the best recommendation as to its placement." So which experts is she asking?

HB 1648, a bill sponsored by Tulsa Rep. Pam Peterson, passed the House today. The bill requires competitive bidding even if a construction project is initiated as a public/private partnership. From Mike McCarville's report:

"This bill protects taxpayers from the 'good ol' boy' deals that have plagued our highway and road construction projects for decades," said Peterson, R-Tulsa. "The only people disadvantaged by this bill are those who want to gouge taxpayers."

Due to a loophole in the Oklahoma Competitive Bidding Act, government entities are currently allowed to award construction projects to a single vendor if the private company "partners" with the state by loaning start-up money for the project. The state usually agrees to repay the private entity at very high interest rates.

The proposal was vigorously opposed by the construction industry, including Manhattan Construction, a large and politically influential firm. Rep. Peterson deserves a great deal of praise for her courage in taking on this issue.

Now we'll see if it can survive the Senate.

UPDATE: I misread the information I was given. The bill still must get scheduled for a full vote in the State House, and that is not yet assured. You can figure that the interests opposed to the bill will fight to prevent a vote, because a vote against it would be a vote against basic fiscal responsibility. Ultimately, the decision as to whether to schedule a vote is in the hands of Speaker Lance Cargill. This will give Oklahoma taxpayers an early indication if "pay to play" will be in effect during his time in the speaker's chair.

Tulsa Mayor Kathy Taylor wants to focus on design regulations for development in the river corridor, not on creation of a new river authority:

"We have this wonderful asset and right now anyone can develop anything on it," she said. "If I want to put a mini-storage warehouse on it, I can."

Taylor has directed the city's Planning Commission to establish a study committee that could recommend the zoning guidelines.

Taylor said the goal of river corridor zoning is to provide compatibility guidelines that enhance commercial development.

"We don't need an authority for private development to occur," she said.

(I assume they mean the city's Planning Division, not Commission. The city doesn't have its own planning commission. That role is filled by the Tulsa Metropolitan Area Planning Commission, and Mayor Taylor doesn't have the power to direct the TMAPC to do anything. Anyway, the city's planners are better suited to developing good design requirements, having already handled the same task on several small-area infill development plans. UPDATE: I've learned that the request was indeed sent to the TMAPC.)

There's a graphic with the story that shows that the City of Tulsa has 17 miles of river frontage out of the 26-mile length of the river in Tulsa County. That's one good reason why the City of Tulsa shouldn't cede authority over commercial development to a County Commission-controlled authority.

Taylor seems support design regulations for the river corridor, but then she doesn't seem to want to fully embrace the idea.

In Tulsa, she said, the process for developing guidelines would include public input on whether the city should have zoning restrictions on the river.

"The citizens have to decide whether we want gas stations on the river," she said.

In late 2005, plans for a Kum & Go convenience store on Riverside Parkway prompted the Tulsa Metropolitan Area Planning Commission to look at its options as it considers future Arkansas River development cases.

The store's location, with its back facing the riverfront, drew some criticism from elected officials, but there was nothing anyone could do to stop it, control its design or its position in relation to the river.

With this statement she almost seems to be giving herself an out, in case there's some backlash from developers. Wouldn't it be nice if the Mayor actually took the lead and expended some political capital in arguing for the importance of special regulations for development along the river?

You can read my column from last August about the importance of design guidelines for the river and other strategic areas here.

It's not often I find myself in agreement with Bobby Lorton, publisher of the Tulsa Whirled, but in this case, he is absolutely right: We don't need a new river development authority, because we already have one with a 32-year-history -- the River Parks Authority. All of the roles being suggested for the new authority are already under the RPA's purview.

While there might need to be changes to the board or staff to enable it to serve an expanded role, there's no need to reinvent the wheel.

After the jump is a letter that Lorton, as chairman of the RPA, sent to Tulsa County Commissioner Randi Miller, leading proponent of a new authority. Be sure to notice the contrast he draws between riverfront development in Jenks and development across the river in Tulsa. I think the suggestion for expanding the RPA board could be tweaked a bit -- there ought to be someone on the board representing near-river neighborhood associations -- but it's a pretty good letter all told.

River revue

| | Comments (6) | TrackBacks (0)

The big story I've been working on is finally in print. This week's Urban Tulsa Weekly cover story is the epic tale of a century -- yes, a century -- of Tulsa's plans to do something interesting with the Arkansas River.

This story was a blast to research. UTW's Holly Wall and Siara Jacobs rounded up copies of articles and documents from the 1968 and 1976 plans from the very helpful folks at the River Parks Authority. I spent hours paging through Central Library's "vertical files" and repository of old planning documents. I had far more material than I could use. I was helped immensely by a conversation with architect Rex Ball, whose firm developed the 1968 River Lakes Park plan, and by my long acquaintance with Jim Hewgley III, who was Streets Commissioner when the Zink Lake low-water dam was built by Mayor Jim Inhofe.

It's my intention to scan and upload much of the research material and to provide some sort of bibliography to help anyone else who might want to do further research.

plan_for_central_tulsa-marina

In the story I mention a river concept presented very briefly in a 1959 document called A Plan for Central Tulsa:

A page of that study was devoted to "The Marina," a concept for the river between 11th and 21st Streets. The accompanying illustration showed an artificial lagoon for boats near 15th and Riverside, a floating restaurant and boat club just to the south, a "picnic island" accessible by pedestrian bridge just to the north, and a larger island, accessible only by boat, where the west bank used to be.

Yes, used to be. The drawing showed the river almost twice as wide as its existing width at the 21st Street bridge, backed up by a dam at some unspecified location downstream, with the new shoreline just below the west bank levee. The resemblance to last year's "The Channels" plan is uncanny.

I took a photograph of the illustration so you can see for yourself. It's not as sharp as I'd like, but I think you can make it out. Click on the image to see it in its original size.

(Notice that in 1959, the location of the Inner Dispersal Loop, seen along the top of the diagram, has already been determined, although it wouldn't be completed until nearly 25 years later.)

My column this week is also about Tulsa history:

Oklahoma's centennial year ought to be a year when all Oklahomans -- natives and newcomers alike -- encounter our state's history in a way that engages our imaginations. While every year is a good year to study Oklahoma history, this is a year that ought to be hallowed to that purpose, a year for remembering where we came from and how we got to where we are today.

The June unearthing of the buried Belvedere fulfills that purpose quite well. I propose extending that glimpse back 50 years with the Tulsa 1957 project, which I launched here a while back and explain in detail in the column. I also mention a couple of websites which are helping to capture everyday life in Tulsa as it was. (But I neglected to mention Jack Frank's wonderful Tulsa Films series, which uses TV footage and home movies to bring decades past back to life.)

Also this week UTW gives a rave review to the source of the coffee and quesadillas that helped fuel my 6,000-word feature story. Katharine Kelly gives the Coffee House on Cherry Street five stars each for food, atmosphere, and service.

RELATED: A pretty thorough outline history of the Arkansas River in the Tulsa area.

Encouraging news from new Tulsa County Commissioner Fred Perry, in a January 11 press release:

Due to numerous requests from the media and others, newly sworn in County Commissioner Fred Perry today announced his position on a river authority. “I do not support an additional river authority. The taxpayers and voters elected us, and other elected officials in Tulsa County, to make the hard decisions and I am confident, from comments by many citizens, that they don’t want us to relinquish any of that decision making to non-elected, appointed members of an authority no matter how competent the individuals might be. At a minimum an authority puts an additional layer in place which can slow up the decision making process,” Perry said.

The Tulsa County Commission has, by statute, the responsibility of calling for an election if the county sales tax is to be raised for river development (or any other project such as the 2003 Vision 2025 vote).

“Having taken a stand against a river authority, I want to make it clear that I welcome good advice from any quarter whether that be INCOG, the River Parks Authority and/or Chambers of Commerce. In fact, I look to INCOG for technical advice and evaluation, just as they have been doing with the proposed Channels River Plan. I have met at length with River Parks Authority Executive Director Matt Meyer and have a high regard for his opinion. I have also met with INCOG Executive Director Jerry Lasker and have worked with him during my time in the legislature, and I also have a high regard for his opinion.”

“It has been said that the County Commissioners and the Mayor need help in evaluating any proposed plans. I agree with that but I don’t agree that there needs to be a new authority. I welcome help from any group in evaluating river plans that have been proposed and are expected to be proposed. These could be City Councils, a group of Mayors located in Tulsa County, engineering associations, civic or other groups but I don’t see the need for an authority. And before a plan is put to a vote by the people, I would want public hearings and suggestions for improvement on any proposed plan.”

Perry said that he believed that public money should only be spent on infrastructure that “cleans up the river and the river bank and/or puts more water in the river and possibly other structural improvements to the river itself. If that is done, private developers and philanthropic individuals and foundations will facilitate the development as they would in any private sector endeavor.”

In a related area, Commissioner Perry said, “At the suggestion of Skiatook developer Ron Howell, I visited Branson Landing last October. Shortly thereafter I met with Rick Huffman, along with Commissioner Miller and Mr. Howell, and encouraged him to seriously consider Tulsa. Subsequently he came to Tulsa, toured the river and began talks with the City of Tulsa regarding a site within the City of Tulsa. The Branson project is extremely impressive and something similar would be great for Tulsa whether or not more comprehensive river infrastructure work takes place. I stand ready to help as it relates to any potential development in Tulsa County,” Perry said.

Perry said that he expects to see more river plan ideas come forward soon. He credited INCOG for their previous work in developing a river master plan and the Stakeholders for their time and effort in the Channels and for “re-energizing talk about comprehensive river development.”

Note that next to last paragraph -- a Branson Landing type project on the west bank would be possible without any changes to the river itself.

I was especially pleased to see that Commissioner Perry appreciates the importance of keeping decisions in the hands of those who are directly accountable to the voters. Recall that when the Vision 2025 proposal came before the County Commissioners in 2003, they (Dick, Miller, and Collins) treated the recommendations of the "leadership team" as immutable, even though as the elected authority responsible for putting the propositions on the ballot, they could have put the arena on a separate ballot to stand or fall on its own merits.

Belated congratulations to the South Tulsa Citizens' Coalition -- on Wednesday District Judge David Peterson ruled against the motion for summary judgment brought by Infrastructure Ventures Inc., which would have dismissed STCC's lawsuit against the latest deal to build a toll bridge across the Arkansas River at Yale Avenue.

The story in Thursday's Whirled brings up several issues that really ought to be addressed by the State Legislature, issues where there are gaps or ambiguities which will otherwise be left to a judge to sort out:

  • Should an authority formed by multiple municipalities be allowed to condemn property outside the bounds of the beneficiary municipalities?
  • Should such an authority be able to condemn property belonging to a non-beneficiary government?
  • Should a franchise agreement like the Arkansas River Bridge Authority has signed with IVI be subject to a vote of the people, in the same way that municipal franchises are, for a maximum term of 25 years?

I'd also like to wish Judge Peterson a happy retirement. He was someone you could count on to rise above political pressure, and he will be missed.

Landing craft

| | Comments (0) | TrackBacks (0)

The developer of the Branson Landing riverfront mixed-use development has expressed interest in developing the west bank of the Arkansas River between 11th & 21st Street, and that's the topic of my latest column in Urban Tulsa Weekly. I reflect on a recent visit to Branson Landing and to a startlingly similar (but non-waterfront) development in the Florida panhandle called Destin Commons and consider how well that sort of thing might fit on our west bank.

Also of note in this week's UTW:

  • Holly Wall reports on plans to build an 85-room boutique hotel on the grounds of the historic McBirney Mansion at Riverside and Galveston. It's an interesting approach that seems to try to be sensitive to the historical context, but the neighborhood impact has to be considered, rezoning would be required, and there are preservation easements, donated by the owners to the City of Tulsa and the Oklahoma State Historic Preservation Office, that prohibit the kind of development being proposed.
  • Jarrod Gollihare has a feature story on the Tulsa Violin Shop, on Main north of Brady downtown. There's more to getting a violin or cello ready to play and keeping it playable than you might think.

Detachable islands

| | Comments (2) | TrackBacks (0)

A blog called Brand Avenue has an item about The Channels and at the end of it, they link to a webpage about proposed islands in another stream, the Mississippi River at St. Louis:

When the Great Rivers Greenway District called upon Balmori Associates to provide a proposal for the St. Louis riverfront master plan in October 2005, the firm initially developed four schemes for the underutilized three-quarter mile riverfront. Traditional plans of a pedestrian promenade in a landscaped park were discarded, however, for a more bold and atypical concept: a riverfront of floating islands....

The current proposal includes a series of islands suspended on catamaran-like supports and linked by floating walkways. The original proposal included detachable landforms, which would be flexible enough to change the shape and size of the islands. A major benefit of the proposal is not only this flexibility in landform configuration but also in the potential to change the riverfront’s seasonal activities. As [project manager Javier] Gonzalez explained, “You could detach one of the connecting pieces to attach a new one with a new function. In one you may have a kiosk in the summer, then you could take it to the shipyard and come back with another island with something for the winter.”

When I read the word "landforms" I keep thinking about Colorforms.

By the way, the reason the St. Louis riverfront is "underutilized" is because it was cleaned out by urban renewal.

In today's Whirled, John Kennington, president of the Tulsa Audubon Society, writes, in a letter to the editor, that there are studies that have not yet been done, but ought to be done before putting funding for The Channels to a vote of the people:

The Tulsa Audubon Society is concerned about the impact of The Channels on wildlife and river habitats, especially least terns and bald eagles. TAS serves on the Arkansas River Advisory Committee, which has received answers to its environmental concerns.

Because of those answers we cannot endorse this project. There are too many unknowns, assumptions and guesses about specific design elements and costs....

The studies and modeling needed to develop detailed plans and cost estimates are all scheduled after the design phase, after the proposed election. The detailed groundwater model will take nine months, so a February vote will be based on optimistic guesses. It has been stated that "researching flow volume and cost to validate our order of magnitude costs" are still being studied.

Emphasis added -- when Kennington quotes The Channels' backers as saying they need to validate their "order of magnitude costs," they aren't talking about the difference between $788 million and $888 million, they're talking about the difference between $788 million and $1.6 billion or more. At the public hearing at OSU-Tulsa last month, it was argued that the Tulsa Stakeholders had done their homework, they had the best experts in the world studying this, and we should stop complaining and trust them. It's apparent now that the concerns raised at that hearing hadn't been considered at all -- e.g., the impact of rising river levels on groundwater levels in the surrounding neighborhoods.

Last week, the Brookside Neighborhood Association and the Coalition of Historic Neighborhoods hosted a forum about The Channels that focused on dialogue rather than slick presentations. According to the Whirled's story, the group identified four things they liked about the islands-in-the-stream proposal and two pages' worth of things they didn't like.

I hope that the Tulsa Stakeholders are beginning to realize that their plan isn't going to move forward for a long time, if ever. Perhaps they can begin looking at alternative ways to spend that $100 million, where strategic, positive things can be accomplished without the public expense and logistical problems involved in The Channels' proposal.

Just got this in e-mail:

SpiritBank Business Resource Center

You are invited to join us for a very important
Think-A-Torium&tm;
Reaching Tulsa's Full Potential
Maximizing the Momentum of Our City

Co-facilitated by
Don Himelfarb, Economic Development Director, City of Tulsa
Thursday, November 16, 2006
4:30 - 6:00 p.m.
Penthouse Reception 6:00 p.m. - 7:00 p.m.
SpiritTower - Community Room
1800 South Baltimore Avenue, Tulsa

In May 2005, Kathy Taylor, then Oklahoma's Secretary of Commerce, co-facilitated a BRC Think-A-Torium designed to illuminate the many efforts underway that are supporting Tulsa in reaching her full potential.

Please join us as we gain a better understanding of all the public and private projects being launched or are underway in Tulsa and the surrounding region.

This interactive strategic brainstorming session will be graphically facilitated by Sean Griffin. Outcomes include the following:


  • Increased understanding of the many projects currently in process

  • How to plug into existing projects

  • The value of "coopetition"

  • Creating a collaborative and diverse community

  • Meeting the challenges of the global war for talent

  • Gain new perspectives on our changing city

  • Interacting with Tulsa business leaders

RSVP to Christy Gehrki at 918-295-7236 or e-mail cgehrki at spiritbank dot com.
Seating is limited so sign up early!

Sponsored by James Shirley Management Consultants, Inc., HR Business Links and Triad Interactive Marketing & Software.

To give you a flavor of this sort of event, here is a link to a summary of the May 2005 Think-A-Torium. Based on the description above, I think it would be important for anyone involved with a project for improving Tulsa to show up and share information about it, so it doesn't get left out of the big picture. If nothing else, this is a chance to educate Mr. Himelfarb, new to the job as the City's economic development director, about aspects of Tulsa's economy of which he may not yet be aware.

UPDATE:

See Dubya suggests a tongue-in-cheek tag line for Think-A-Torium: "Where rational thought goes to be incinerated!" He also says he knows someone who once went to a similar event with the name "Visioneering."

It is an interesting choice of suffix. I can't think of any really positive words that end in "torium." There's crematorium, moratorium, vomitorium, sanitorium.

elmcreekriverwalk.png

So we've been told that the Arkansas River is far too wide to make for an intimate river walk setting. Anyone who has been to the San Antonio River Walk knows there's something to this. (On the other hand, Riverwalk Crossing in Jenks seems to be doing fine with development on one side of the river only. Ditto for your typical seaside boardwalk.) Bing Thom says you need to build the $600 million islands in the river so it'll be close enough to wave at someone on the opposite shore.

Is there another way to create a narrower water feature? Perhaps using tributaries of the Arkansas?

About a month ago (I've been meaning to get this posted), John Neas was kind enough to send me a concept drawing from 1991. I had heard about this, but had never seen it. There's a creek that was long ago buried and routed through storm sewers. It's called Elm Creek, and it flows, mostly underground, from Kendall-Whittier, through Central Park (6th & Peoria), south through Gunboat Park (11th to 13th, Elgin to Frankfort), to 15th & Boston, along Baltimore Ave, along the western edge of Veterans' Park, emptying into the river under the 21st Street bridge. The stretch from Central Park to Veterans' Park consists of an 84" arch tunnel.

This plan, shown in the picture above (click on it to download a higher res version in PDF format), would have brought the creek back to the surface from about 16th & Baltimore to Riverside Drive. Disregard the buildings and the street closings, and just focus on where the creek is relative to the park, the 18th & Boston district (considerably more active now than it was in 1991), and the river. It would make for an interesting connection between 18th & Boston and River Parks, providing a back door to businesses along Boston and opening the possibility for new businesses in place of the parking lot on the west side of Baltimore. Obviously the idea can be tweaked to fit the positive things that are already happening in the neighborhood.

The idea of bringing a creek to the surface as a promenade and neighborhood focal point is an important part of the Pearl District plan, which would open Elm Creek up as a canal along 7th Street to connect the new lake at Central Park with a proposed stormwater detention facility further east.

River development proposal delays actual funded river development :

[River Parks director Matt] Meyer said all of the third-penny sales tax that goes toward river improvements in the area between 11th and 21st streets will be on hold until a decision is made on The Channels.

New Urban Tulsaism

| | Comments (3)

Urban Tulsa Weekly has a bright and shiny new website!

All the links in my archive category are now broken! But it's worth it! (And they'll be easy enough to fix -- it will just take time.)

(There's a really simple forwarding trick they could do to fix all the broken links on the server side.)

Here's this week's column, part 6 in the series dealing with The Channels proposal, this week asking about the best way to create a more pedestrian-friendly city, learning a lesson from the success of a waterfront development in Florida.

Damp dialogue

| | Comments (6) | TrackBacks (2)

This week's column in Urban Tulsa Weekly is a report and commentary on the public comment session of the Arkansas River Corridor Master Plan Advisory Committee regarding The Channels, held a week ago Tuesday, October 3, at OSU-Tulsa.

The copy editor is evidently bored with the topic, as my column was given the headline Poltergeist X. (It's actually the fifth column in a row that has had something to do with the islands-in-the-Arkansas plan.)

I, on the other hand, feel like I've found my muse again. It's not that I'm smitten by The Channels (which should be obvious), but the proposal has given me a jumping-off point to talk about many other important issues: How do we create interesting and lively urban places? What makes for walkable communities? What should we be doing to compete for population with other cities and with our own suburbs? What do we mean when we say we want river development?

I've uploaded several audio files and will be uploading more over the course of the evening, along with comments. This first group were mentioned in this week's column, so that you can hear for yourself what was said. These are all MP3 files, each less than 1 MB in size.

Also, don't miss my colleague Jamie Pierson's column, which covers the history of the relationship between Tulsa and the Arkansas, up to and including the Arkansas River Master Corridor Plan.

Tomorrow's Tuesday, so I'll be on the radio as usual at 6:10 on 1170 KFAQ with Michael DelGiorno, and I'm sure one of the topics will be the editorial and front page story in Sunday's Whirled.

I don't have them ready yet, but by late Tuesday night I plan to post a number of clips from last Tuesday's public hearing of the Arkansas River Corridor Master Plan Advisory Committee regarding The Channels, which is also the subject of my UTW column coming out this Wednesday.

One of the fascinating things about Tuesday night's public comment session regarding The Channels is how few of the people speaking were "the usual suspects" -- the sort of people who have turned out frequently in the past to comment either for or against a major tax initiative. Only a half-dozen or so of the speakers were familiar to me as people who are engaged in civic matters.

Two of the new faces belonged to Erin Johnson and Debi Sanditen, who have set up a group called Change the Channels. According to their website, the group's "goal is to examine and research questions about The Channels project, then responsibly bring forth our findings." They have a list of concerns, and they have links to related resources, including a letter from the Oklahoma Floodplain Management Association opposing The Channels
.

On the INCOG website, there is this PDF document laying out a timeline which would get The Channels ready for the Tulsa County Commissioners to put a sales tax on the ballot in December. The reason for targeting December is that Bob Dick will no longer be on the County Commission after January 1, and it's possible that Wilbert Collins will be defeated by John Smaligo in his re-election effort. They want this put on the ballot while the current commissioners, who have never met a sales tax increase they didn't like, are all still in office.

DATE MEETING/ACTION LOCATION
September 14, 2006 Tulsa County Commission Chairman requests Channels Plan Review by INCOG
September 22, 2006 Steering Committee briefing on Channels Project INCOG Conference Center, 201 W. 5th St.; 2:00 p.m.
no date listed Advisory Committee briefing on Channels Project Aaronson Auditorium, Tulsa Central Library
September 25, 2006 - October 13, 2006 Working Groups conduct technical review of proposed Channels project by functional area TBD
October 3, 2006 Advisory Committee public hearing on Channels project OSU Tulsa , Auditorium, North Hall Conference Center; 6:00 - 8:00 p.m.
October 12, 2006 INCOG Board briefing on Channels project Lecture Room, Tulsa Central Library
October 17, 2006 (week of) Advisory Committee reviews Working Groups functional reports and formulates comments on proposed Channels project TBD
no date listed Steering Committee reviews Advisory Committee comments and formulates recommendation to INCOG Board and Tulsa County Commission TBD
October 18, 2006 Planning Commission (TMAPC) briefing on Channels project Francis Campbell Meeting Room
November 1, 2006 TMAPC Public Hearing on proposed Channels project and possible Comprehensive Plan amendment Francis Campbell Meeting Room
November 9, 2006 INCOG Board considers approval of possible River Corridor Plan amendment to include Channels project and implementation strategies including other River projects Aaronson Auditorium, Tulsa Central Library
November 15, 2006 TMAPC considers possible resolution recognizing Channels project as a part of amended Arkansas River Corridor Master Plan and Comprehensive Plan Francis Campbell Meeting Room; 1:30 p.m.
November 21, 2006 Tulsa Stormwater Advisory Board briefing on Channels project Tulsa City Hall; 11th floor: 3:00 p.m.;
November 29, 2006 TMAPC approves minutes of November 15, 2006 meeting and transmits possible resolution to Tulsa City Council for approval Francis Campbell Meeting Room; 1:30 p.m.
December 5, 2006 Tulsa City Council (committee) presentation of Channels project and possible TMAPC resolution Tulsa City Council Meeting Room
December 7, 2006 Tulsa City Council considers approval of possible TMAPC resolution recognizing an amended River Corridor Plan including the Channels as a part of the Comprehensive Plan Francis Campbell Meeting Room
December 11, 2006 Tulsa County Board of County Commissioners considers approval of possible TMAPC resolution recognizing an amended River Corridor Plan including the Channels as a part of the Comprehensive Plan Tulsa County Commission Meeting Room

Except for the no date listed notations, the table above is as it appears in the linked PDF document.

It's unclear how much of the current phase of the process is going to be accessible to the public. Evidently Tuesday night was our chance to speak up for the benefit of the Arkansas River Corridor Master Plan Advisory Committee, although I haven't seen a list of members of that committee, and I don't know how many of them were in attendance Tuesday, other than Don Walker of Arvest Bank and mayoral aide Susan Neal, who each recognized as leaders of the committee. Then there is some sort of steering committee. If this process is to have the transparency which has been promised, the public needs to know who sits on these committees, and where and when they will meet.

In the previous issue of Urban Tulsa Weekly, I wrote that when Tulsans say they want river development, they are really seeking a lively promenade, a place to see people and to be seen. This week, I propose a way to make that kind of bustling promenade happen along the banks of the river between 11th and 21st Street, working within the existing river master plan.

I'd be very interested in your comments on this concept, and to that end I've started this thread over at The Voice of Tulsa forum.

Bali Hai price

| | Comments (1)

The Fijian island of Vatu Vara is being offered for sale by Coldwell Banker Morrisons Private Islands. Also known as “Hat Island” after the 1,000-foot-high round mesa that dominates the center of the island, it’s described as “The Most Beautiful and Expensive Private Island in the World.” It’s about 2 miles across – about 4,000 acres in size, a hundred times bigger than the proposed archipelago in the Arkansas River.

The price tag: A mere $75,000,000, a tenth of The Channels’ $788 million cost. In fact, for the price of The Channels, you could buy the 100 most expensive islands offered for sale on www.luxuryrealestate.com and still have about $58,000,000 in change.

(Sandy Cay, in the Bahamas, the private island owned by the owners of Tulsa’s monopoly daily newspaper, is a bargain at a mere $2,675,000.)

You'll have a chance tonight to voice your opinions about "The Channels" to the Arkansas River Corridor Master Plan Advisory Committee. Here's the press release:

NEWS RELEASE

Public Hearing for Arkansas River Channels Project to be held Oct. 3

The Arkansas River Corridor Master Plan Advisory Committee will host a public hearing to receive comments on the Arkansas River “Channels” project proposed by the Tulsa Stakeholders Inc (TSI).

The hearing will be held from 6 p.m. to 8 p.m., on Tuesday, Oct. 3, in the Auditorium in the North Hall Conference Center at the OSU Tulsa campus.

TSI will make a brief presentation on the “Channels” project at the beginning of the hearing. The primary purpose of the hearing is to elicit input from the public regarding the proposed Channels projects.

The Tulsa County Commissioners have asked the Arkansas River Corridor Master Plan Advisory Committee to review the “Channels” project.

The Advisory Committee guided development of the Arkansas River Corridor Master Plan, which has been recognized as part of the Tulsa Metropolitan Area Comprehensive Plan and was adopted by the Tulsa Metropolitan Area Planning Commission, the Tulsa City Council, and the Tulsa County Board of Commissioners.

-30-

And here's a link to the Arkansas River Corridor Master Plan.

Last week's Jenks Journal has an interview with Brent Gordon, an Oklahoma Wildlife Department biologist based in Jenks, about the tremendous amount of rubbish and debris in the Arkansas River:

Gordon says he would like to see someone get concerned about other things in the river - junk - everything from Wal-Mart shopping carts to remnants of yesteryear's visionaries....

Gordon says he has not seen any thing in the paper work nor has he heard any discussion about what is to become of the huge pieces of metal, mounds of steel cable, overall trash, shopping carts and steel pipes so prevalent in the river.

"Are we just going to flood the river over this stuff," he questions.

A call to Wal-Mart about the carts only brings a shrug. Who can prevent people from pushing the carts off the side of the nearby drainage ditch where the next downpour will deposit them into the river. The Wal-Mart logos on the handles are still visible on some of the carts. Others, as many as two dozen are all but buried in the sand.

Less likely to disappear, except by raising the water level are huge amounts of what looks like old oilfield and construction equipment. Pipes are everywhere, some protruding vertical from the river bed and bubbling.

A huge, broken barge or perhaps the remnants of Jenks old ferry system rests near bank erosion and other junk at the bank at the north side of the RiverWalk development. Except where old concrete, brick and building parts have been dumped, high dollar real estate is gully washing into the river.

On the TulsaNow forum, Steve Smith, who used to run airboat tours on the Arkansas, comments:

I have made note to anyone who cares to listen of the debris scattered along the river. No one has really cared. Since the river has been invisible to passing traffic it suffers from "out of sight-out of mind". It is particularly bad under the bridges where old bridge structures were just pushed into the river making for future difficulty in navagation. That is a state responsibility.

Some may find it hard to believe, but it gets worse the farther downstream you go. Jenks debris is much more visible because of the lower water levels and increased populations in that area. Lighting their pedestrian bridge really shows off the trash. Much of it is oilfield equipment but equally to blame are sand dredging companies. Oil company cleanups that are advertised on TV restoring Blue Bird camps need to spend some of that money reclaiming the pipelines and driiling equipment they left in the river. Sand dredging companies need to follow suit and the state needs to hold contractors liable.

...several million years ago.

Charles G. Hill reports on a bold, visionary plan to transform Oklahoma into a major tourist destination.

Now we just need some mountains, and we'll be all set.

The other river plan

| | Comments (4)

For your reference and mine, here is a link to the website for the Arkansas River Corridor Master Plan, developed in 2004 and 2005 by the Indian Nations Council of Governments (INCOG). Not only have they posted the plan itself, but you can separately download presentation graphics, attendance lists for the public meetings, and the public comments. It was a lengthy process, involving a great deal of public input.

If you want to begin with a good overview of the plan, start here, at the page honoring the plan for having won a landscape architecture award from the Texas Chapter of the American Society of Landscape Architects. It's a good summary of the goals and values, expressed by the public, which were used to frame the design.

With all the hype about The Channels, it's important to remember that that isn't the only river plan out there, and the INCOG plan has had a good deal more deliberation and public input.

By the way, during the Okie Blogger Round-Up, Don Danz pulled up the video of The Channels presentation to show to some Oklahoma City bloggers who thought we were pulling their leg about this $788 million plan to build islands in the Arkansas. One of them, a normally mild-mannered Christian gentleman, loudly exclaimed "Holy $#!+!!!" not in delighted surprise, but in shocked incredulity that Tulsa officials were actually taking the Channels plan seriously.

A Bryant Park for Tulsa?

| | Comments (9)

I enthused about New York City's Bryant Park during my trip to the Republican National Convention. It sits between 42nd Street and 40th Street, east of 6th Avenue, occupying the west half of the superblock that also is home to the New York Public Library. It's about eight acres in size.

It's a nice mix of green space and human activity. Here is a list of amenities you'll find in Bryant Park:

  • An upscale grill (open year-round) and a seasonal outdoor cafe on the east end of the park
  • Four food kiosks on the west end of the park: coffee and breakfast items, ice cream (plus hot chocolate and cider in the winter), sandwiches, and soups and salads
  • A flower kiosk
  • A carousel
  • A reading room -- connected with the library system, an assortment of books, magazines, and newspapers for reading there, not for checking out
  • An area where you can rent chess and backgammon sets and find an opponent
  • A court for bocce-like game called pétanque
  • Free wireless internet throughout the park
  • Chairs you can move around the lawn and terraces as you please
  • Clean, safe, frequently monitored restrooms

The park was considered a lost cause in the late '70s, but an effort began to reclaim and restore the park. A non-profit organization is responsible for maintaining the park and maintaining order. Revenue from the restaurants and kiosks helps to fund the personnel to keep the park in good shape, but volunteers play a role as well.

This kind of collection of amenities might be a good fit for the eastern shore of the river between the 11th and 21st Street bridges, extending the existing node of activity around the River's Edge Cafe at Riverside and Denver. The INCOG river plan puts more intensive commercial uses on the west bank, but there is supposed to be a promenade along this stretch of the east bank. A sprinkling of commercial kiosks here would not overwhelm the park or the adjacent neighborhood.

And the adjacent neighborhood is what makes this section of River Parks the best choice for this kind of place. There is a high concentration of people within a 10- to 15-minute walk, thanks to the presence of several high-rise apartment buildings, many other condo and apartment complexes, and many single-family homes. The area is on the upswing.

Unlike Bryant Park, this area isn't in the heart of a busy commercial district, and 20,000 visitors a day is probably too much to hope for, so the mix of amenities should be somewhat different. Like Bryant Park, this park should have free WiFi, some food kiosks, well-maintained restrooms, movable chairs, a reading room, and tables for playing games. There ought to be a couple of places to rent bicycles and rollerblades, and some place where you can buy sunscreen and bug spray in case you forgot yours at home. A carousel would be a summer-evening attraction, perhaps along with one or two other small, relatively quiet kiddie rides. One of the kiosks ought to be a coffee house -- preferably one that's independent and locally-owned.

I think it could be a very successful public space. What do you think?

About this Archive

This page is a archive of recent entries in the Arkansas River category.

Tulsa World is the next category.

Find recent content on the main index or look in the archives to find all content.

Contact

Feeds

Subscribe to feed Subscribe to this blog's feed:
Atom
RSS
[What is this?]

BlogAds

Support BatesLine

Show your appreciation and help fund hosting and research expenses:

Official PayPal Seal

Enjoy affordable and reliable hosting with Bluehost and support BatesLine at the same time -- click here!