Archive for the ‘PILOTS’ Category
Last Tuesday I braved the ice (black and otherwise) and went to the City Council committee meetings at City Hall. There were two particular subjects in which I had an interest and they were the Pension Funding Policy chaired by Jim Strickland and the Executive session on Debt Restructuring chaired by Myron Lowery.
These two subjects are related because due to the 2010 scoop and toss bond refinancing and the State of Tennessee demanding that the City of Memphis increases its pension ARC (annual required contribution). It turns out that the 2010 refinancing created a bubble starting in 2016 making it difficult to pay both the increased ARC and the bond payments at the same time. The answer, scoop and toss again. The City (Brian Collins) claims that this is reasonable due to low interest rates. Jim Strickland, Harold Collins, Wanda Halbert and Shea Flinn raised questions as did the Commercial Appeal. Here is the presentation given at the meeting.
I decided to investigate some past bond financing so I asked the City of Memphis for some bond information on recent bonds such as the stadium project and the Pyramid and Pinch District redevelopment. All I got from them was a computerized reply with answers to follow SOME DAY. So I went online and got the following Moodys financial analysis report.
Here are some of the things that the report says about Memphis.
- The current issue is ultimately secured by all non-tax revenue that is legally available other than ad valorem revenues in the city’s general fund.
- The Series 2011B and 2011 C subordinate are secured by a second lien on TDZ revenues with a pledge from the city to replenish the debt service reserve in the event of a draw on non-ad valorem tax revenues.
The negative outlook on the Series 2013A&B and 2011B&C reflects Moody’s expectation that the city’s financial position will remain challenged as fixed costs, including debt service, pension and other post-employment benefits represents 42% of operating expenditures in fiscal 2012.
In spite of all this the City continues to spend on questionable projects like the Raleigh Springs Mall renovation and to talk about the fairgrounds project as if these will all be paid for by tax incremental financing and fairy dust.
January 6, 2015
The Cargill Pilot
Recently a reader of my blog asked me the following question.
“When a company pulls out before the end of their PILOT agreement, do they pay a penalty for not having delivered as promised? I am thinking of Cargill.”
I responded “Good Question. I will check. I emailed EDGE (Economic Development Growth Engine) and asked for a copy of the Cargill Pilot agreement. They promptly responded as follows.
email@example.com “The Cargill Lease, along with most documents, are online. See http://growth-engine.org/archive/?g=/Data%20By%20Company/Cargill
I went there online and found a number of documents about Cargill but the one that was most interesting was the following one entitled “Application Of Cargill Incorporated For Payment In Lieu Of Taxes” dated in 2010. Look at page 48 which is a letter signed by Mayor Wharton with promises of tax reductions close to $12 million and a $3 million dollar funding to assist in rail enhancements.
Then look at page 42 where Cargill would possibly provide a $500,000 funding for a school bus project in order to delay installation of equipment at Cargill to reduce their air pollution. I am not sure if they ever provided this $500,000. Does anyone out there know? Here is an article about the proposal.
Cargill is a big company and they do what is best for Cargill. They are a big employer and any city would be proud to have them as a local employer. It is best that all citizens know what is going on in the tax deals and EDGE is to be complimented for posting this information on line. However they still have not provided the critical information about properties that finish their Pilot contracts and the important information about whether they are paying the full tax amount that they were abated during the Pilot or whether they somehow left town, got an extension of the Pilot or are somehow paying less than their full share. Post that information on line PLEASE!
December 16, 2014
There has been a lot of discussion back and forth about approving this project and its impact on our economy and education funding. I have been doing some research on this matter and it is quite confusing. I would like to point out the most important points.
- The use of a TDZ is proposed because it is supposed to be risk free. The proponents claim that the tax payers are not at risk and the risk is all on the bond purchasers. That is not true because if the incremental sales tax increases are not sufficient to cover the principle and interest, then the taxpayers are the backup less the ad valorem (property tax) tax base. My point here is that if these bonds issued for the Fairgrounds TDZ are the same as those for the downtown TDZ zone and 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. If you look at the City of Memphis 2013 general fund budget you will see that ad valorem taxes are about 40% of the revenue. The rest presumably would be subject to the bond insurance.
- There is a question about the effect on education funding of a TDZ zone. According to the Tennessee Department of Education, half of the 2.25% portion local option sales tax must be appropriated to education.
- Another important point is that each year a new base will be set for the TDZ zone at the level it grew or declined to the year before. The increase in sales taxes will be measured from this new last year level. Only this increase less the education portion will be available to pay the bonds.
- There is a lot of push back in the proposed size of the proposed fairgrounds TDZ zone. The proponents of the fairgrounds project want to include Cooper Young and Overton Square because these areas are successful areas and the proponents of Fairgrounds want to take advantage of their success to finance the Fairgrounds. They are afraid that it cannot stand on its own merits. See the attached map of the proposed zone area.
- Finally there is a possible increase in the 7% portion of the sales tax in the TDZ. This portion will go first to pay off the bonds. If there is any left over after paying off the debt, it will go to the local government for education and other purposes. The problem with including Cooper/Young and Overton Square is that their success will be used to finance the Fairgrounds risky venture.
This is another real estate venture done by the government rather than development professionals with taxpayers taking the risk rather than private investors.
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.
October 30, 2014
ON THE EDGE (Economic Development Growth Engine)
Last Tuesday I attended the Memphis Rotary Club Luncheon at the University Club. The speaker was Mr. Reid Dulberger, President of EDGE and related entities.
He presented an excellent presentation of the PILOT (payment in lieu of taxes) program. His main point in favor of Pilots is his contention that without the Pilot program Memphis or Shelby County (or both) would lose the opportunity for new jobs or investment and future enhanced tax revenue. An example would be a company that expresses an interest in investing here or somewhere else. Unless we give them a tax break for up to 15 years, they say the company will go elsewhere. So the choice is nothing or something. That seems clear enough.
Another example is an existing local business taxpayer who says they want to expand but they need a tax break or they will not expand or they (more…)
August 18, 2014
Property Developer With Other People’s Money
A recent CA article stated the following “After a delay of several months, Robert Lipscomb said recently that his team is ready to move forward with a long-standing plan to redevelop the Mid-South Fairgrounds into a sports complex and retail center.”
What a remarkable statement. Most professional property developers risk their own money or gather together other investors based on their good track record. However Mr. Lipscomb uses government programs such as TDZs (Tourist Development Zones), TIFs (Tax Incremental Financing) and various State and Federal programs paid for by the general taxpayers. Bonds are issued with the promise of payment from a fund of incremental taxes over and above a predevelopment base tax rate. If the incremental taxes are there to pay off the bonds then everything works out fine. If they are not there, then the local taxpayers pick up the load.
My question is who appointed Robert Lipscomb as chief Memphis property developer? If the City of Memphis is his property development company, then we need to study the financial records of his company. The State of Tennessee through the office of (more…)
July 21, 2014
$568 Million New Tax Revenue
Pilots (Payments In Lieu Of Taxes) are front and center in the current controversy about bringing our City finances under control. I went to the EDGE website (Economic Development Growth Engine). It is beautiful. On the lead page is the following information.
$568 Million in new tax revenue
Well the problem is solved. With $568 million in new tax revenue why are we cutting health care benefits for City retirees and raising health care costs for active employees? Why are we discussing changing the pension plan at the City of Memphis?
The reason is that it is all smoke and mirrors. If you go to the City of Memphis CAFRs (Comprehensive Annual Financial Reports) and the same for the County you will see that sales tax receipts have been level at best and decreasing over the last few years.
The Pilot program is a crutch used by local developers and real estate interests to give us something to attract new companies to Memphis and to keep local companies from leaving. Memphis has many assets to recommend it. Location, water, transportation and utilities. However it has two deficits. A high tax rate and poor education of the local work force.
The real report that EDGE should produce is a report that shows all companies that have come off the PILOT program at the end of their tax abatement. The report should show the amount of taxes abated over the length of the pilot program, the ending date and the amount of taxes paid after the end of the abatement period. This they have refused to do. Until they do that and show us where the $568 million is, I will continue asking the question WHERE IS THE BEEF?
April 10, 2014
PILOTS-Are They Paying Their Way?
I am not talking about Malasian flight 370 but they are just as mysterious. “PILOT” stands for Payment In Lieu of Taxes. A company opens a business here or expands a business here or moves from one place to another and asks for abatement of taxes for the next 5, 10, 15 or more years from the City or the County or both.
They go to EDGE (Economic Development Growth Engine) run by Reid Dulberger and 5 will get your 10 that they will get the tax abatement for 15. According to the EDGE website “The impact of the program since 2008 includes: 14,500 new jobs with $581 million of new annual payroll, $3.88 billion new capital investment, $464 million new Minority/Women-owned business receipts and 17,900 talented individuals attracted/retained.”
WOW. Who could be against those numbers? But wait, why does it not show up as additional income for Memphis and Shelby County?
Here is what their database says. “To date, EDGE projects have generated $1.6 billion in projected capital investment, 6,676 new/retained jobs, $545 million in projected new tax revenue and $344 million in MWBE/LOSB spending commitments.” WHERE IS THE BEEF?
Here are my thoughts on what needs to be done.
Attached here is David Lenoir’s (Shelby County Trustee) 2013 In-Lieu Properties Annual Report. Total tax exemptions stand at $49.9 million at the end of 2013. Section VI shows contractS aged by expiration date and Section VII shows In-Lieu delinquent tax notices.
It is my understanding from Mr. Lenoir that this shows only in lieu information from the county, not the city. Therefore the $50 million annual tax abatement is probably more like $75 million total city and county.
Here, in my opinion, is what needs to be done to restore some confidence to the EDGE program.
1) The City of Memphis should publish a similar annual report showing their figures as the County does in the same format.
2) Both the County and the City should show a report showing all the past Pilots that have been completed (Section VI) and showing the abated tax amount and then the actual tax amounts for each year after the end of the Pilot for the property so that the (more…)
January 23, 2014
More Info From the Memphis CAFR
Pick up the CA and you will get more articles than you can read over your morning coffee. They all point to the upcoming decisions of the Mayor and the City Council. The chickens are coming home to roost as they have been disturbed by the noise of the cans that have been kicked down the road.
As I sift through the current 2013 Comprehensive Annual Financial Report (CAFR) of the City of Memphis, I decided to compare several pages from the 2008 CAFR with the same pages from the 2013 CAFR.
September 12, 2013
As I start reading through this massive document I have to start with the introduction and rationale of the plan. Here are the first 26 pages of the draft plan.
To be a successful urban area, Memphis has to do the following.
- Increase property values
- Decrease poverty
- Ensure government efficiency
- Improve neighborhoods
- Invest in human capital
- Grow the economy
Wow!! What great ideas. Why did I not think of those?