Millions Requested in New Tax Breaks in Providence

Kate Nagle, GoLocal Contributor

Millions Requested in New Tax Breaks in Providence

South Street Power Station, one of the current TSA proposals pending before the City Council.
Developers and property owners are asking the City of Providence for millions in tax breaks, at a time when tax stabilization agreements are coming under increased scrutiny. 

The Providence City Council is currently considering tax breaks for seven property developments -- and will soon be looking at proposals for extensions on at least three existing TSAs --  which would amount to millions of foregone tax revenue to enable the economic development projects to move forward.

"Each one is unique, but at the end of the day, the dollars are the same," said Providence City Councilman Luis Aponte of the current proposals before the City Council for 3 TSAs tied to the South Street Power Plant redevelopment, as well as Capitol Cove, Charter Care, the Foundry, and the Kinsley building.  "If you take a look at the ten year [agreements], there's a couple of assumptions, which are not quite science, about tax rate increases.  1% a year over 20 years, that becomes a substantial amount.  It would be in the millions."

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"Here's the rub," said Aponte.  "There was a warning put out by the City last year under (former Chief of Staff Michael) D'Amico, who called out Cornish [Associates] and developers for their generous tax stabilizations.  There was also a linkage of high commercial tax rates due to TSAs."

"Here we are six months later with slew of new TSAs.  The question for me, is why we're still doing these as one-offs, as opposed as moving in the direction of a comprehensive strategy," said Aponte.  "I've heard that the Procaccianti Group is looking for one for their new hotel proposal, and we expect to be hearing from Cornish [Associates] about their requests for extensions on three of their current TSAs on June 5.  TSAs are a great tool to try and enhance economic development. They should try and be part of the tool box, but not the only tool.  There's an over-reliance on them."

Providence Mayor Angel Taveras' Deputy Press Secretary Meaghan McCabe told GoLocal the Administration was looking at the merits of each proposal.

"Proposed tax stabilization agreements are considered independently of each other on a case-by-case basis. The Administration will continue to work closely with the City Council to consider all such requests on their merits," said McCabe.

Looking at TSAs

Earlier this year, City Auditor Matt Clarkin issued a review of tax stabilization agreements at the request of the City Council, reporting that the 36 current TSAs in Providence had a total assessed valuation of $429.4 million at end of 2012, and paid $5.2 million in taxes in 2013.  Real estate investor and broker Ric Santurri with First Realty noted at the time. "Providence taxpayers pay 3% higher taxes because of the existing TSAs ($10 million in lost tax revenue yearly from existing TSAs on a $330 million tax levy)."

See Existing TSA Properties BELOW

Clarkin said that the economic impact of the latest round of TSA proposals would be done "in committee," meaning in the City Council's Ways and Means Committee where the ordinances are pending.  Clarkin said he was "not sure of the status of any requests for extensions."

John Jacobson, a Providence based real estate professional who has been a vocal critic of the TSA process and has testified before the City Council on the subject, said that the city should be "asking the following questions before going forward."

"Are of all the 2001 and 2002 TSAs in compliance with their agreements?  How and why were the TSAs given a five year extension by the State in 2010?  Are the 2001 and 2002 TSAs planning on paying their taxes?  If so, how much? Has the city gone in and done a proper assessment?  Are there entities seeking new TSAs that have past violations, got extensions or are seeking extensions for other TSAs? If so, should we be considering them?" asked Jacobson.

Jacobson continued, "Do we have a policy in place? Does it figure into an over all economic development policy & city planning? How much is too much to give away?  What are other cities and states doing?  If the past TSAs needed 5 year extensions and are seeking more extensions are severely financially threatened by the taxes kicking in in 2016, what does that say about the success of the program? Is it sustainable?"

"Projects approach the Council's Ways & Means Committee on a one off basis for approval. This is very time consuming and politicizes what should be largely dealt with good policy. It creates different market conditions for individual projects which is unfair to tax payers and creates static in the market place," said Jacobson.

"We had the resources of the entire State to vet 38 Studios deal and we got that wrong. It doesn't make sense to entrust a small group of Council members to vet all these projects one by one. Under the current system the economic impacts are an educated guess at best. Furthermore, with Mayor Taveras challenging the compliance of many of the 2011 TSAs and those agreements ending up in court, as a developer I wouldn't want to sign a TSA until the dysfunction in the system was addressed. At present there is a lack of leadership on this issue, at a time when we simple can not afford it."

Moving Forward?

Will 111 Westminster be looking for a TSA from the city?
"We need to think critically about what we're subsidizing, and how does that jive with what we want our city to look like," said Aponte.

Among the supporters of the use of TSAs for economic development include former Providence Mayor Joseph Paolino.

"It's an important tool as there's not much the city can offer," said Paolino.  "They're important for job growth."  Paolino, who recently acquired 100 Westminster and 30 Kennedy Plaza, said he didn't approach the city for a TSA -- but wouldn't rule it out.  "I don't think it was merited...I don't need a TSA.  If I do major rehab, I might consider it."

Aponte noted that of the current TSA proposals pending, there was one notable absence -- for now.  "The one we haven't talked about is 111 Westminster.  The fear that I have is that we get tied up with all these current ones, and the developers of 111 come by and say what about us.  That building is the Titanic...my fear is that we're setting ourselves up."

"There is the potential that some of these things, these could be be flipped to a non-tax paying entity, so not only did we lose city taxes then at the end, the city had a stabilized payment, got less than what it was due, then if that property goes off the tax rolls, we've subsidized nonprofit development."


Current Tax Stabilization Agreements in Providence

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