Sierra Club seeks clarification from Elorza on LNG statement


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2016-06-08 NO LNG 003The Rhode Island Sierra Club has responded to Mayor Jorge Elorza‘s statement on National Grid‘s proposed liquefaction project for Field’s Point in the Port of Providence.

“The Rhode Island Sierra Club is glad the Mayor has publicly agreed to not offer any subsidies to National Grid related to the LNG liquefaction project in Fields Point. We would however urge him to clarify whether his definition of subsidy also includes Tax Stabilization Agreements and if it doesn’t, we would would ask him to take the same strong stance against those type of subsidies and end TSA negotiations immediately.

“While Elorza is correct in saying the decision will ultimately be made by FERC, we would argue his assertion, ‘the city will have little input into that decision’ is false. The mayor can’t abdicate his responsibility on this. Local officials can be hugely influential on Federal decisions. An outcry from public officials immensely helped in 2005 when a similar project was ultimately denied.  Not sending in a letter, like the one nine Providence legislators sent to FERC last week, is a statement and a betrayal of his rhetoric on climate change.

“At the absolute minimum, we would ask the mayor to join the thousands of residents, and many businesses, environmental, community and religious organizations in signing the NoLNGinPVD campaign’s petition letter to FERC.

“The mayor also needs to hold the City Council accountable and ask them to follow through on their resolution to provide wide-scale public involvement, on which no action has been taken.   They resolved to host meetings between National Grid, Dept. of Health, DEM, Coastal Resource Management Corporation and city residents, and city residents deserve nothing less.”

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Develop a land tax to replace TSAs


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Jenna Karlin
Jenna Karlin

RI Future’s recent coverage of a tax stabilization agreement (or TSA) for Rising Sun Mills admirably pursues the idea of a fair tax system for all Providence residents. There’s a lot I agree with about this approach. At its roots, TSAs are an insider deal. But the logic behind TSAs makes a lot more sense than is obvious at a first glance. The goal for the city should be to establish a tax system that mirrors some of the features of TSAs, rather than carve out special agreements for the well-connected.

What is a TSA?

To begin with, what is a TSA? Tax stabilization can take many forms, but they’re usually agreements that require the owner of a property to pay the same taxes that were previously paid, though not more, in return for the property owner adding a new building or refurbishing an endangered one. (thus, a tax “stabilization”).

On the face of things, that arrangement sounds really unfair, but it makes more sense if you look at the costs that a building owner is supposed to cover with their taxes and think about how those costs change (or stay the same) after the refurbishment. An infill or renovation project in a city does not require a new sewer extension, but can be hooked up to existing lines. It does not require new streets. If it receives transit service, it’s usually on an existing line, and the new building will add ridership rather than adding miles of service area. A building being occupied may actually help to lower crime without more policing, and in any case it will be built within an existing police precinct. A building covered by an urban TSA will often be a solid building, perhaps even a historic renovation, that is intended to last a long time.

Contrast that to the typical suburban sprawl* project, like a Walmart. It will require acres of new land, and to function will need a sewer extension, gigantic new roads, or road and interchange expansions. It will add greatly to the surface runoff costs of the sewer system as well, with gigantic parking lots. Big box projects like Walmarts often demand transit service for their low-wage workers, but design everything about their facilities in order to defeat the efficiency of that service– after all, the customers and managers drive– delivering a transit service that costs a lot and delivers very little. Sometimes a single project will be the size of a small urban neighborhood, adding tremendous strain to traffic, and requiring a new police or fire precinct. For all the investment that is put into such a deal, the buildings the big box brings are meant to have a thirty year life cycle at most, and often the big box company will require land covenants that disallow competitors to move in if they should happen to leave the building (they often do leave the building, repeating this process).

Suburban projects look like a good deal because politicians won’t pay for all the additional costs that these projects bring. Those costs will accrue decades from now.

Urban and suburban communities both compete with each other to give away tax deals, and to be fair, urban TSAs are an insider deal just like any other. The politicians that prepare these deals don’t necessarily think about all the economic logic I presented above. The way they see it, the deal is about jobs for their ward. They care very little about the long-term effects. Urban TSAs happen to be a much better deal, but that’s not by design.

Fixing the TSA

Instead of creating TSAs for individual projects, we should make our tax system look a bit more like what a TSA tries to accomplish, but for everyone. A land tax should be a component of our tax system, used to offset a lower property tax. This isn’t exactly the same as a TSA. Under this arrangement, creating improvements to a property– adding buildings, fixing a roof– would still raise the value of the property and kick in more tax revenue from the property tax part of the tax model. But the land tax would stay the same– tied to the amount of land used and the resources consumed by that parcel.

Equity is a big concern under TSAs, not only for the fact that some can get a TSA and some can’t, but also because of the particular services that suffer in a city when not enough tax revenue is present. I would propose that the services paid for by the land and property tax sections of the tax code by bifurcated carefully. The land tax should pay for the things that resemble “pay for what you use” items– roads, sewers, transit, etc. The property tax should pay for things that we conceive of as “each according to their ability” services– libraries, schools, and other social services. By separating the budgets in this way, we ensure that when we tax a more valuable property, we’re tying that taxation to our ideal of sharing, rather than creating a slush fund to allow for wasteful infrastructure extensions.

Land taxes already exist in many places– my home state of Pennsylvania is one. They’re not a magic cure-all, and in order to fix our cities, we’re also going to have to stop subsidizing sprawl. Part of why I react to the criticism of TSAs is that the overwhelming nature of our subsidy mix is to ever-expanding consumption of undeveloped land for new strip malls or big boxes, cul-de-sacs and highways. The Rising Sun Mills project lost a tenant to Johnston because all the advantages of being in the suburbs– parking, big roads, etc.– are pre-paid features of life in America– while all the advantages of living in the city– walkability, community, and so on– are privatized goods to be bought and sold. We have to break that pattern. A land tax could be one step towards that.

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*”Suburban” is an ambiguous term, but here I mean suburbs that are totally car-oriented, cul-de-sac driven, post-1950s-style suburbs, rather than suburbs that have the form basically of a small walkable town that extends out from a city. Think Warwick or Johnston, rather than Bristol or Warren.

PVD City Council extends tax break for Valley St. development


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risingsunmillsThe Providence City Council extended a tax break for the developers of a mixed use project on Valley Street because an anchor tenant relocated to Johnston.

“Do we really need another vacant or foreclosed property in our city,” said Council President Luis Aponte, who voted for the so-called tax stabilization agreement, after the meeting. He said the developers could have attained an administrative TSA for a smaller redevelopment had the council not awarded the tax break and that the city negotiated a good deal for residents by working with the developers.

Councilor Carmen Castillo was the only member of the elected board to vote against the TSA.

“We’re not a bank,” she said. “The neighborhood I represent never gets a tax break. We pay a lot in property taxes too.”

Councilor Sabina Matos said she supported the TSA because the council approved TSAs for downtown businesses so it was only fair that it do so for businesses in her district too. “We set a precedent,” she said. “We can’t give them to some developers and not others.”

Abacus Technology paid $1.8 million annually to rent 100,000 square feet of space in the Rising Sun Mills development on Valley Street but the company has decided to move to Johnston, said the developers.

“There’s no benefit to having Rising Sun Mills go dark,” said BJ Dupre, one of the developers, after the favorable decision from the Council. When asked if that would have happened if they didn’t get the tax break, another of the developers, Mark Van Noppen said it was a “distinct possibility.”

Aponte said the developers plan to reconfigure the commercial space into smaller offices. He said the TSA is void if they don’t pull all the requisite permits in 180 days.

“It’s hard to tell,” Aponte said when asked how much money the city budget would lose by extending the TSA to the Rising Sun Mills project. But, he added, “They are paying more than if they would have got a 5 year extension” as a result of the negotiations with city officials.

With little notice, PVD City Council voting on controversial TSA Tuesday


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The Providence City Council has called a special meeting for Tuesday night and among the agenda items is tax stabilization agreements (TSAs) for 60 Valley Street, LLC and 166 Valley Street, LLC on behalf of the Rising Sun Mills Project. The ordinance is sponsored by Council President Luis Aponte. The details of the TSA can be found here.

The City Council unanimously rejected a similar TSA, for 100 Fountain St, in February, under intense public pressure. Aponte then said, given the city’s precarious economic situation, “It’s the right signal that the [Finance] Committee is sending to the public and to the [City] Council.”

The TSA being considered by the council notes that the “projects been suffered serious financial setbacks and hardships as a result of the collapse of the real estate and financial markets over the past several years” and hence a five year extension of TSAs granted in 2003 and 2006 is needed. In return, “the Project Owners of 166 Valley Street will make an additional investment of approximately $5 million which shall be used to convert approximately 85,000 square feet of the building from a single tenant space to multiple commercial spaces. This will assist in the Project Owners in attracting new tenants to the Project and will create new construction and potential permanent jobs at the Project Site.”

TSAs

The amount of revenue Providence will lose in this deal is unclear.

Stop Tax Evasion in Providence (STEP) released a press release Monday claiming that that the Providence City Council leadership is failing taxpayers.

“You would think that the Council would be in no rush to go handing out more of these questionable extensions to projects that have already been paying very little taxes for 15 years, but you would be wrong,” says the STEP press release. “While the… promise of new spending and jobs from Rising Sun Mill owners would seem welcome, there are absolutely no safeguards to ensure they will invest what they say. Thus the city can be certain of neither jobs nor permitting revenue.”

The special city council meeting was announced on Friday, July 29, as big news stories broke, such as Representative John Carnevale deciding not to appeal the Providence Board of Canvassers decision that ended his re-election campaign and Attorney General Peter Kilmartin announcing the non-results of his 38 Studios investigation. Technically, the City Council went on break for August and was not due to reconvene until September 1.

As a result, this important meeting was almost missed.

The city council will also be awarding hundreds of thousands of dollars in contracts at this meeting, according to the agenda.

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PVD City Council Finance rejects first of four proposed tax giveaways


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2016-01-07 Corporate Welfare 022The Providence City Council Finance Committee unanimously rejected the proposed extension of the tax stabilization agreement (TSA) for the property at 100 Fountain St last night.  The meeting, rescheduled after the unexpected death of former Mayor Vincent “Buddy” Cianci last week was on the same night and time as Governor Gina Raimondo’s State of the State address, so I had to access the recording of the meeting here.

During the brief discussion, Councillor Carmen Castillo noted that granting this TSA at a time when the City is facing an economic shortfall and planning to raise taxes on homeowners seems wrong.

Councillor Kevin Jackson proposed rejecting the TSA, pointing out that the agreement was granted to improve the condition of inactive buildings and not intended to be a lifetime grant.

Finance Chair John J. Igliozzi condemned the extension, saying, “The contract has been fulfilled. It’s become a high income subsidy.”

City Council President Luis Aponte, who is not on the Finance Committee, addressed the room, and said, “It’s the right signal that the [Finance] Committee is sending to the public and to the [City] Council.”

“Most tax treaties that have been approved in Providence have been beneficial to local development and have improved both new businesses and encouraged new housing,” said City Councillor Terrence M. Hassett in a statement, “However, the agreements have a shelf life and eventually expire. Extending them for a longer period, places other taxpayers in the position of paying more and that is coming to an end.”

The proposed TSA would have allowed the property owners to pay only 25 percent of their assessed taxes in the first year, with a 15 percent increase each year thereafter until year five, when the owners would have paid 95 percent of their assessed taxes. The owners stood to save hundreds of thousands of dollars, but as the STEP Coalition (Stop Tax Evasion in Providence) has pointed out, “[t]he construction jobs are long gone and these buildings have been occupied for quite some time.”

Mayor Jorge Elorza supported these tax deals, despite his earlier campaign promises to not give out TSAs “unless Providence could profit from the deal in some way.”

Sam Bell, a member of the STEP coalition who is also the executive director of the Rhode Island Progressive Democrats of America, said, “This was a huge win for Providence taxpayers!  It shows that, when we work hard, we can defeat the most powerful corporate interests in the City of Providence.”

The Finance Committee still has to decide on three other, similar TSAs in the near future.

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Mayor Elorza offering tax breaks Candidate Elorza opposed


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Elorza 002As a candidate, Jorge Elorza promised that tax deals would not be given out unless Providence could profit from the deal in some way. Mayor Elorza, however, seems intent on perpetuating the kinds of bad practices that lead inevitably to higher tax rates for home owners.

When the RI Progressive Democrats of America (RIPDA) were in the process of interviewing candidates for Mayor of Providence in search of the group’s endorsement, they took the liberty of recording the interviews. One of the questions that the group posed to then candidate Elorza was about Tax Stabilization Agreements (TSAs) which are essentially massive tax breaks given by the city to what it considers to be worthy investments. The idea behind TSAs is that a company might want to build in Providence, and in order to lure the company here, a tax break is given. This might spur building and development, and if used properly, is arguably a good idea.

However, in practice, these tax breaks are not doled out in ways that might spur growth or development, but are given out to developers who have back room connections to City Hall. It’s cronyism at its worst, and it costs Providence home owners directly, as their taxes are raised to cover the breaks given to insiders.

According to the Progressive Democrats, “The deals pending before the city right now are even more egregious than usual. That’s because the development has already happened. There’s no question of encouraging development–the developers want their special tax deals to continue. This is just giving the city’s limited tax dollars to big developers.  Pure and simple.”

Sam Bell, executive director of the RIPDA, said, “One of the things that really inspired us about Elorza when he was running was his commitment to crack down on the abusive culture of corporate welfare.  It’s very sad to see him change his tune now that he’s won.”

You can watch Elorza answer the question about TSAs below.

See more here: Details on Elorza’s tax breaks for existing properties

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City Council committee passes tax break for hotel at choreographed meeting


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2015-11-17 City Council Finance 02Some of the business suits worn in the Providence City Council Finance Committee meeting last night were worth more than a hotel worker’s monthly salary.

The power and pressure being brought to bear, to make sure that The Procaccianti Group (TPG) got their multi-million dollar Tax Stabilization Agreement (TSA) was enough to bend reality, as a five member committee was whittled down to three members and the final vote unanimous in favor of TPG.

City Hall was electric with meetings being conducted behind closed doors. What happened in the Finance Committee room was theater, the real deals were all made out of sight. The Finance Committee meeting seemed meticulously planned so that when it started, it would fall like a string of dominoes in favor of moneyed interests and to the detriment of hotel workers.

At issue was a 13-year TSA for the Fogarty Building site downtown, where TPG wants to build a new nine-story hotel. The building trade unions want the hotel, it will provide a couple years worth of good jobs. The hotel workers want the hotel and the jobs it will provide as well, but they wanted an amendment to the TSA “calling for workers to earn 1 1/2 times the federal poverty rate, or more than $14 an hour.”

Good wages for hotel workers are important. TPG is notorious for paying poorly, and the company requires their workers to do much more than workers at competing downtown hotels. Then there’s the steady stream of injuries to workers in TPG hotels. Unionization efforts at the Renaissance Hotel have dragged on for years and only recently did the hotel win a vote to unionize. Without the amendment, a new hotel full of underpaid, overworked and at-risk workers will be coming on-line even as Renaissance workers finally realize a fair contract.

On one side of the Finance Committee meeting room was Mayor Elorza’s Chief Operating officer, Brett Smiley, RI AFL-CIO leader George Nee, Michael Sabitoni, business manager for the RI Laborers’ District Council, state senator Josh Miller, a pile of lawyers and TPG reps, and prominent members of the Providence business community. Council President Luis Aponte stood nearby and monitored the proceedings.

Hotel workers and Unite Here! organizers, vastly outnumbered and outgunned, sat opposite.

Finance Committee Chair John Igliozzi was the city councilor who once suggested tying TSA’s to better wages way back in June, 2014. When it came time to amend the TSA, however, he was silent. Councilors Kevin Jackson and Sabina Matos were also silent, save to deliver the lines required to vote the TSA to the full City Council for final approval next month.

Missing from the committee meeting was Councilor Terrance Hassett, whose day job is Senior Investigator in the Workers’ Compensation Fraud and Compliance Unit at the Department of Labor and Training. He, like two other members of the finance committee, works for the state. It is well known that Governor Gina Raimondo wants this project to proceed. On background I was told that city council members were afraid of losing their jobs if they interfered with the deal, but nobody wanted to go on record.

McGowan 02

(Given this, Providence voters might want to reconsider electing council members with state jobs.)

Hassett was a no show, but Councillor Carmen Castillo, a hotel worker herself, was there. She put her purse and coat down into her chair, then left the room to talk off stage with someone. While she was out of the room the Finance Committee meeting started and attendance was called. She was marked absent.

As the meeting got underway Castillo entered the room, recovered her purse and coat, and left without explanation.

There were three members left of the five member committee, enough for a quorum. As hotel workers looked on, the TSA was passed out of committee without the amendment they had requested. Millions of dollars in tax breaks were given to TPG.

McGowan 01

There were smiles and handshakes all around as one half of the room erupted in enthusiastic conversation. Finance chair Igliozzi pounded his gavel for order, there was still the city’s contract with Local 1033 to be decided, so $40,000 worth of fine business suits moved outside and into the hallways, and eventually outside into the street.

The hotel workers gathered in a corner on the third floor so that a translator could explain to some of the Spanish speaking members what had happened.

But they understood.

This was government as business and business as usual.

2015-11-17 City Council Finance 01

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RI ACLU calls behavior detection testing at T.F. Green ‘junk science’


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The Rhode Island chapter of the American Civil Liberties Union has come out in opposition to the behavioral testing conducted at T.F. Green Airport by the Department of Homeland Security. The field test is for a “behavior detection” program that is meant to determine whether or not passengers have “mal-intent.”

Photo courtesy of http://www.warwickri.gov/index.php?option=com_content&id=954:tf-green-airport&Itemid=261
Photo courtesy of http://www.warwickri.gov/index.php?option=com_content&id=954:tf-green-airport&Itemid=261

Steven Brown, the executive director of the RI ACLU, issued a letter to Kelly J. Fredericks, the President of the RI Airport Corporation, asking that they cease their involvement in the program, and not support any such programs in the future.

“I am writing to express the ACLU of Rhode Island’s deep concerns about the Rhode Island Airport Corporation’s apparent decision last month, with no public input, to work with the Department of Homeland Security’s Transportation Security Administration (TSA) in field testing the expansion of a largely discredited program that attempts to identify travelers who might pose a potential security risk through questionable “behavior detection” techniques,” Brown wrote.

The field test, which is called “Centralized Hostile Intent,” will use actors to mimic behaviors that the TSA should be able to screen and identify. They will be asked to identify these behaviors through a video feed, rather than in person. Because actors will be used during the field test, the ACLU recognized that the effect on travelers’ privacy will be minimal, but they still opposed the overall intent of the study.

“But one cannot ignore what the ultimate goal of this project is- to make it easier and more routine to target innocent travelers for intrusive incursions on their privacy, all based on what have thus far been largely discredited “behavior detection” activities,” Brown wrote.

Brown also wrote that the current “behavior detection” patterns that officers look for are arbitrary and random at best, such as being late for a flight, excessive clock watching, strong body odor, sweaty palms, among other signs. These monitoring activities have been criticized since a 2013 report by the U.S. Government Accountability Office recommended that the TSA limit their funding for behavior detection, since there was no scientific evidence to prove whether or not these activities actually work. According to the report, “the human ability to accurately identify deceptive behavior based on behavioral indicators is the same or slightly better than chance.”

The program being tested at T.F. Green also seeks to develop a tracking algorithm so officers can follow on-camera anyone they believe to be suspicious, and identify those with them as well.

“The anticipated future applications of this project are disturbing, as they promise to be just as ineffective as TSA’s existing efforts. At bottom, this effort is junk science, but one with serious civil liberties and privacy implications,” Brown said. “We all want to ensure proper security measures are in place at our airports, but it is time to end, not expand, ineffective programs like this that use up limited resources, and that open the door to more intrusive privacy invasions and increased racial profiling, while doing little to keep us safe.”