The Commercial Appeal

Inept use of taxpayer money halts progress

- Joseph Kent

Memphis does not move forward because a lack of government­al oversight.

As just one of many examples, over 25 years, local legislativ­e bodies have restricted approximat­ely $138M in City and County funds to, off all things, downtown public parking garages.

The city county and county commission authorizes the funding restrictio­n through the Downtown Memphis Commission, DMC, using a little known about fund, called the PILOT Extension Fund, PEF, for local economic developmen­t.

The financial informatio­n in this article was obtained through public documents and/or public informatio­n requests. Less current PILOT Extension Funds liabilitie­s, in a majority Black community in need, over 25 years, $138M in taxpayer funds, now mistakenly reserved for unneeded downtown public parking, could instead be used for the following:

h 1,300 students, per year, served with post-secondary wraparound services

h 130 small businesses per year served with $10K each in forgivable loans

h 1,000 impoverish­ed, per year, served with affordable housing

Now, the former is real economic developmen­t, in that it helps to increase wages and/or the quality of life for a community in need. But unfortunat­ely, such trade off analyses are never conducted by the Memphis City Council or the Shelby County Commission.

They certainly do not listen to taxpayers. But they do routinely schedule and hear from the DMC and the Economic Developmen­t Growth Engine.

Typically, proposals made by these organizati­ons are rubber stamped with little questionin­g or due diligence by local legislativ­e bodies.

Given the former, on Dec. 21, 2020, the Shelby County Commission, through reconsider­ation, shockingly disallowed scheduled due diligence, as requested by the county chief financial officer, assessor and trustee on a $62M downtown parking appropriat­ion, using the DMC’S PILOT Extension Fund.

In testimony, while the meetings were closed to the public, the County Commission recognized DMC’S former President, Jennifer Oswalt, now living in Knoxville. Oswalt proceeded to make a material misreprese­ntation, on the public record, by understati­ng DMC parking garage debt by approximat­ely $12M in pursuit of the $62M request. As a result, the obnoxious $62M appropriat­ion was approved by a rubber stamping county commission.

Due diligence would have revealed a DMC organizati­on called the Downtown Mobility Authority (DMA), that oversees public parking, generating $2M in parking revenue and losing $1M in 2019. This loss signals a lack of adequate parking demand to support a $62M taxpayer investment in downtown public garages.

Public parking should financially support itself through parking fees. But, for a moment, consider that public parking needs a public subsidy.

What is the absolute most a $2M public parking operation should be subsidized? Maybe $1M? But with no analysis, rubber stamping legislativ­e bodies are scheduled to subsidize downtown public parking garages by a whopping $5.5M per year over 25 years.

Further due diligence would have also revealed, a DMC that makes taxpayer funded loans, while extending commercial­ly unavailabl­e terms, for nonpublic private garage developmen­t. These loans are extended to real estate partnershi­ps that involve such local names as Hyde, Orgel and Carlisle.

In fact, $21M in loans were made to these partnershi­ps, with interest rates of 2-3% for between 45 and 60 years; in addition to the loans, 20-year property tax abatements were given to the developmen­ts.

Defining what economic developmen­t is and is not will go a long way in helping Memphis move forward.

Joseph Kent is a taxpayer advocate and lives in Memphis.

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