Where is the Oversight of Providence's Tax Stabilization Agreements?

GoLocalProv News Team and Kate Nagle

Where is the Oversight of Providence's Tax Stabilization Agreements?

A recent inquiry into the status of tax stabilization agreement for the Providence Place Mall has raised more questions than answers, when the current owners said that an estoppel from a previous sale made it so they did not have to adhere to certain provisions of the tax break agreement.

The city has said that it could not find records responsive to the request for the estoppel certificates; city council members are saying that any changes to the ordinance would have had to be made at the council level to be valid.

"Prior to 2014 Providence's administration of TSA's was weak. Since that time the City Council adopted policies, completed an inventory and exercised appropriate due diligence over TSAs," said Gary Sasse, former Rhode Island Director of Administration and Executive Director of the Rhode Island Expenditure Council, and founding director of the Hassenfeld Institute for Public Leadership at Bryant University.   

GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST

Council members, however, are calling for a review of the mall's standing, in light of the estoppel revelation. 

“In an abundance of caution, I will be asking the auditor and staff to begin a review of the mall, the TSAs, and any amendments to ensure that any changes, if made, were done appropriately, and more importantly, were done in the city’s best interest,” said City Council President Luis Aponte in a recent interview. 

TSAs Still Under Scrutiny

Where is City Hall in the oversight of tax breaks?
In 2014, Providence Internal Auditor Matt Clarkin and the city had reviewed the existing slate of TSAs, and issued a set of recommendations for review and compliance moving forward.  GoLocal reported that year what the cost of all TSAs in the city had been until that point:

Tax breaks for developers of some of the biggest projects in Providence have totaled more than $15.1 million since 2013, according to a GoLocalProv analysis of city data for the controversial economic development program. In tax year 2013, the deals, known as tax stabilization agreements, meant the city received at least $8.4 million less in tax revenue. For 2014, the loss in direct tax revenue was at least $6.6 million.

The following year in 2015, the council spoke to standardizing the TSA process -- and announced a new neighborhood TSA in addition to finalizing a structure with the state for the 195 land, to mixed reaction. 

Now, in 2016, the city is grappling with a new slate of potential TSAs, as well as existing ones coming back for extensions, of which one was rebuffed by the council finance committee.

"The problem remains that TSAs have become essential in downtown development," said Sasse. "These agreements mean that other property owners have to pick up the bill because the cost of operating the City are not decreasing."

Keeping Tabs

Clarkin's 2014 report recommended that the TSA information should be readily available to the public -- or at the least, available online. 

There should be one depository or keeper of the records when it comes to TSA. It is recommended that the tax assessor be responsible for maintaining complete files for all current or expired TSAs.  In addition, all approved TSA applications, ordinances, and tax payment schedules should be available on the assessors webpage on the city's website.

"[TSA] oversight has always been the issue, with the city having such a huge investment and long term agreement with [the mall],” City Councilman Kevin Jackson told GoLocal in a recent article.  “I think we should be making sure the neighborhood groups and nonprofits have the support they need, I think its absolutely worth revisiting. We want development, we want cranes -- but we only want cranes if it benefits everyone. If we're giving away things, there needs to be some benefit to the city.”


10 Biggest Issues Facing Providence in 2016

Enjoy this post? Share it with others.