Guest MINDSETTER™ Tom Kenney: Bankruptcy for Providence?

Guest MINDSETTER™ Tom Kenney

Guest MINDSETTER™ Tom Kenney: Bankruptcy for Providence?

Much has been written and discussed lately regarding bankruptcy and Providence including an article in GoLocalProv “Bankruptcy: 17 to Watch in 2017 in RI” on December 29th. Some have stated that this is the only way to save the City. I strongly disagree. There are too many unresolved issues that will need to be taken into consideration before any bankruptcy court would allow the City to simply walk away from its obligations and hit the “reset” button.

One of the biggest obstacles to simple bankruptcy is that the City’s numerous and various assets would need to be sold off and liquidated. Assets like Roger Williams Park, the Providence Water Supply and possibly the City’s share of the Rte 195 parcel of land from the relocation of the highway to name a couple of high visibility ones. These are options that have already been explored by a couple of our mayors as an attempt to plug holes in their budgets via a short sighted, one-time fix.

One-time fixes, short sighted planning and overly generous tax breaks are all part of the reasons the City finds itself in this position right now. We need our leaders to step up and show long term fiscal responsibility in leading the City through the 21st Century.

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A big roadblock for the City to take control of its own financial destiny was forged in the 18th Century when RI, and America, was under the colonial rule of Great Britain. In 1765 Great Britain’s King George III bestowed upon a fledgling Brown University a charter which granted them tax-exempt status due to their mission to educate and improve the quality of life for those residing in the Colonies. While this intent may have been, and still may be, a noble idea of quid pro quo between an institution and its surrounding community this charter has become an unsustainable burden to cities such as Providence.

Other educational and medical institutions have claimed the same tax-exempt status as Brown over the years. Most of these institutions in RI reside within the borders of our Capitol City. Even if our leaders believe that this agreement works for the betterment of Providence in theory they would have to agree that in practice it has gone far beyond the intent of the charter. The original charter intended to grant institutes of higher learning the benefit of not paying taxes to the community for property involved in their core mission of educating and improving the lives of citizens of the Colonies. The same was true, I’m sure, in the granting tax-exempt status to those medical facilities within the City.

The footprint cast by the combined total of these institutions, however, has grown to be enormous – as much as 45% of the total tax base of Providence by some estimates. Also, in a development never intended or anticipated by the original charter, these institutions have been allowed to purchase residential as well as commercial, income-producing properties and remove them from the City’s tax rolls altogether – regardless of their use. A 3-story apartment building being rented out for profit or a medical office building being rented out to private doctors for profit should not be exempt to property tax but in many cases this is exactly what is being done.

Many mayors have negotiated PILOT (payment in lieu of taxes) programs with these institutions over the years. The problem with these agreements, however, is that those mayors have been more interested in short-term fixes for their budgets than long-term, sustainable agreements for the City. How else would you explain the ridiculously small amount of income captured by these agreements, the concessions the City has made to these institutions (such as actually selling City streets and parking spaces) or the downright temporary nature of some of these. In one agreement the City agreed to allow the tax-exempt institution to purchase property off the tax rolls as long as the institution agreed to pay full taxes on the property for 5 years, 50% taxes for the next 5 years and 25% taxes for the following 5 years, at which point the property would come off the tax rolls entirely. Such are the short-sighted, temporary fixes our leaders have forged for us thus far.

Those of us who live in Providence, work for or have retired from Providence as well as those who live in or pay taxes to the State of Rhode Island are all vested in the well-being of the Capitol City. The Mayor of Providence, along with the Providence City Council, has the ability to negotiate any type of PILOT program they want with these tax-exempts, but in order to make changes to the original charter which grants their tax-exempt status in the first place the General Assembly must initiate the action. One of Providence’s Reps in the General Assembly needs to take action and submit a bill that would change this agreement to something both sides can benefit from.

Times have changed…we must be fair!

Tom Kenney

Secretary, PPFRA (Providence Police and Firefighters’ Retirement Association)


17 to Watch in 2017 in Rhode Island

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