Archive for November, 2014

President Lincoln and Thanksgiving

Wednesday, November 26th, 2014

In the midst of a terrible civil war, President Lincoln  proclaimed a national holiday, Thanksgiving, urging gratitude amid civil war woes. Here is part of that proclamation.

The year that is drawing towards its close, has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget the source from which they come, others have been added, which are of so extraordinary a nature, that they cannot fail to penetrate and soften even the heart which is habitually insensible to the ever watchful providence of Almighty God.

 I do therefore invite my fellow citizens in every part of the United States, and also those who are at sea and those who are sojourning in foreign lands, to set apart and observe the last Thursday of November next, as a day of Thanksgiving and Praise to our beneficent Father who dwelleth in the Heavens. And I recommend to them that while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to His tender care all those who have become widows, orphans, mourners or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty Hand to heal the wounds of the nation and to restore it as soon as may be consistent with the Divine purposes to the full enjoyment of peace, harmony, tranquillity and Union.

In testimony whereof, I have hereunto set my hand and caused the Seal of the United States to be affixed.

Done at the City of Washington, this Third day of October, in the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the Unites States the Eighty-eighth.

By the President: Abraham Lincoln

The Fairgrounds TDZ Zone

Thursday, November 20th, 2014

November 20, 2014

The Fairgrounds TDZ Zone

Here we go again with another proposed development project directed by the City of Memphis development wizard, Mr. Robert Lipscomb. Now it is the Fairgrounds involving the old Coliseum, Liberty Bowl Stadium and all the other buildings and improvements on the fairground property.

In an August 2014 article in Smart City Memphis it was stated that “the TDZ does not siphon dollars from the city’s tax base because no city general fund money is spent on the project, and in fact, it may expand the city’s tax base by increasing adjacent property values and citywide sales taxes.  That’s one of the reasons we prefer TDZ and Tax Increment Financing (TIF) over PILOTs: the project pays for itself with the taxes created by the project itself.  In other words, it is self-financing, but best of all; the new incremental taxes in the TDZ are predominately state sales taxes that stay here to pay for the project rather than being sent to Nashville where about 80% of it would be spent all across Tennessee.”

However here is what a Moody’s investor’s service bulletin said about a Memphis Center City Revenue Corporation’s $20.1 million Stadium project and other Tourist Development Zone projects downtown.

The current issue is ultimately secured by all non-tax revenues that are legally available, other than ad valorem revenues, in the city’s General Fund. The ratings of the bonds are based on the city’s pledge to replenish the debt service reserve fund in the event of a draw on non-ad valorem tax revenue.

My point here is that if these bonds issued for the Fairgrounds TDZ are the same as those for the downtown TDZ zone; then if the incremental tax revenue is not sufficient to cover the required bond payments, then all city revenue other than the Ad Valorem Tax (basically property taxes) will be called on to make up the difference. It is not risk free. Take a look at the attached general fund revenue sheets from the 2013 City of Memphis budget. You will see that ad valorem taxes are about 40% of the revenue. The rest presumably would be subject to the bond insurance.

Transparency In The Private Sector

Sunday, November 16th, 2014

November 17, 2014

Transparency In The Private Sector

 

We have been treated to a lesson in arrogance in government with the revelations about MIT economics Professor Gruber concerning getting the Affordable Care Act (aka Obamacare) approved.  Professor Gruber said that it was necessary to lie about the provisions of the act because the public was too stupid to understand what was good for them. This is the reason that full disclosure, transparency and open records are so vitally important.

But is transparency only important in the public sector where your tax dollars are being spent? What about the private sector?

My brother has a home in a development around a golf course in Ft. Collins, Colorado. He was aware of my interest in open records and the laws concerning access and he called me to ask about his situation. It seems that the government board of his housing association has consistently refused to give him access to financial information. I told him that he would need to research Colorado open records laws and he has hired a lawyer to assist in that effort. The board charges each homeowner for maintenance, repairs and upkeep but has failed to give details about contracts and details of expenditures. In other words, pay up and shut up.

Locally I have a friend who is an engineer and who plays in my duplicate bridge club. (By the way he is very bright and one of the best players). His name is Asan G. Tejwani. He has lived in Fountain Square Condominium, 1850 Poplar Woods Cir W, Germantown, TN 38138 since 1991. His email address is tejasan@hotmail.com.

He discussed with me his complaint about the lack of transparency of the Faith Management Company and the Board of Directors of the non profit condo association. I did some research about the Tennessee open records laws by contacting the State of Tennessee and was referred to the Tennessee Condo Act of 2008. One part of that lengthy document states as follows.

  • 66-27-417. Association Records. The association shall keep financial

records sufficiently detailed to enable the association to comply with §§ 66-27-

502 and 66-27-503. All financial and other records shall be made reasonably

available for examination by any unit owner, the holder of any mortgage or deed

of trust encumbering a unit, and their respective authorized agents.

This seems to be the heart of Mr. Tejwani’s complaint and he puts his principles of  human dealings in a most legitimate manner. They are as follows.

  1. Fiduciary responsibility.
  2. Due Diligence
  3. Transparency
  4. Accountability
  5. Compliance

I can’t disagree with those five principles. I am aware that there are two sides to every story. I would like to hear from other local condo and home owner associations as to their experience with boards and management concerning expenses and transparency and open records accountability. This is no nickel and dime operation as Mr. Tejwani is talking about an annual billing of $850,000 for his condo residents.

The Importance of Open Records (Transparency) In Government

Thursday, November 13th, 2014

November 13, 2014

My brother and I ran a manufacturing business for some 40 years here in Memphis (Saino Manufacturing Company) and then we sold the business and retired and continued in my field of fire protection as a consultant. Then in 2004 I turned to local government interests and the issue of Transparency In Government.

 

I found that this was not only a national problem but also a state and local problem. Many politicians feel that they do not want the public to know the details of their motives and actions and therefore they make it purposely difficult to get the information. Look below at part of the Tennessee Open Records Law.

 

(2)(A) All state, county and municipal records shall, at all times during business hours, which for public hospitals shall be during the business hours of their administrative offices, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law.

 

Locally I have been refused access to the City of Memphis offices and old Memphis City School offices during business hours with the excuse that I do not have an appointment with a particular person. When I then tried to get an appointment with the person that I wanted to see, my phone calls and emails were not answered. This, according to the Tennessee State open records official, is a violation of state law.

 

Just to illustrate how important transparency in government is, look at the recent revelation of the creation of the Affordable Care Act. MIT Professor Jonathan Gruber, the Obamacare architect, said in 2013 that a lack of transparency and the stupidity of the American voter helped get the law through Congress. See the “too stupid” video clip. http://dailycaller.com/2014/11/11/yet-another-video-emerges-of-obamacare-architect-calling-americans-stupid-video/

 

It is time for all local governmental and educational entities to open all their legally open records in an easily accessible manner to the public that pays all the bills for these services. As a high official at the Shelby County Government Offices (the best of all local governmental agencies) told me on a recent phone call “We work for you, Mr. Saino, and the public”. What a great attitude.