reality check

When it comes to the Tourism Development Zone, it seems that the Shelby County Board of Commissioners is on the verge of gagging on a gnat while swallowing a camel.

But when you mix in the opportunity to make political hay with some anti-Memphis rhetoric, it’s just too tempting for some commissioners to pass up.

Some Shelby County commissioners are professing outrage that TDZ projects are paid from with a sales tax rebate that includes a small amount of local option sales taxes.  As a result, they are talking about asking Tennessee’s Tea Party Legislature – who are perceived as always willing to pass a bill that takes a shot at Memphis – to amend the Convention Center and Tourism Development Financing Act of 1998 so that any funds that would otherwise go to public education is removed from the rebate of funds to city government.

That’s the gnat.

The Gnat

After all, the amount of school funding affected in the proposed Fairgrounds TDZ that is generated away from the Fairgrounds itself is no more than about $150,000 a year despite assertions by some commissioners that it amounts to millions.

And contrary to a prevailing myth, the amount for schools is not frozen until the bonds are paid off.  Surely, the commissioners understand that all current sales taxes will continue to be paid to the state, city, and schools on the day the TDZ is officially established.

It’s less clear that they understand how the baseline calculations work.

The baseline is the amount of sales taxes being paid on the day the TDZ is established, and what the TDZ will capture is the incremental increase over and above that amount.  What many people don’t seem to comprehend is that the baseline is not frozen in time.  It’s changed every year.

Because of that, sales taxes for schools will continue to increase even after the TDZ is established.  That’s because that baseline is adjusted every year and increased by the percentage of growth for sales taxes countywide.

A Lack of Proportionality

In other words, sales taxes for state government, city government, and schools will continue to grow in the entire zone, including the Fairgrounds itself, by the same percentage that sales taxes are growing for the entire county.  Once the baseline is increased each year by the amount of the increase for countywide sales taxes, the TDZ only gets the increment above that amount.

It’s a better deal than almost any other sales tax incentives given by state government.  For example, the sales tax rebates given for professionals sports – here, the Grizzlies and the Redbirds – capture all sales taxes.

All of this angst seems inspired by Commissioner Steve Basar, a newcomer who seems to see the issue as a way to give himself some early exposure.  His concern appears motivated by the Fairgrounds TDZ, a City of Memphis redevelopment project.

For the record, besides the growing sales taxes for schools every year within the Fairgrounds zone, the project includes a new $3.2 million gymnasium for Fairview School, and the new sports facilities and fields gives Shelby County Schools the opportunity to move its games and tournaments from ragged, inconsistent school facilities to the new sportsplex at the Fairgrounds.  Between the debt service for a new gymnasium – about $210,000 a year – and access to the new facilities, it seems to us that Shelby County Schools – the alleged subject of Mr. Basar’s concern – is getting valuable consideration with the new Fairgrounds development.

The Camel

Here’s the camel.

While some Shelby County commissioners are fixated on this modest amount of money in the TDZ, millions are flowing out the front door in the form tax freezes (PILOTs) that are distributed more liberally here than in any other community in the country.  According to Shelby County Trustee David Lenoir’s reports, there are now 466 tax freezes in place in our county.

When Shelby County’s taxes are waived with a PILOT, 25% of the amount is backed out for support of schools.  There’s only one problem: the amount of the county’s property tax rate for education is 47.5%.

If the commissioners really care about schools, they would hold harmless school funding in the entire amount, which would provide almost $11 million additionally to schools.  Over the past four years, it would have freed up $44.2 million in additional money for schools.

While the PILOTs are where the real money is for schools, it’s curious to watch county commissioners worrying about the petty cash account.  If they are serious about school funding, they’ll make some reforms closer to home with the program waiving $46.7 million in county taxes.

First Things First

Here’s the thing about PILOTs.

The Shelby County Board of Commissioners can make that change themselves with the simple passage of a resolution.  They don’t even have to go to Nashville and ask for the help of the Legislature.  They can do it themselves right here at home.

We’ll see if the commissioners are actually willing to prove how serious they are about protecting school funding or whether this TDZ discussion is all show.  Sadly, if there’s one thing that you can count on a Republican county commissioners succumbing to, it is the lure of some anti-Memphis rhetoric and second guessing about how city government invests its money to lubricate their political position.

That, more than anything, is what at work with the current talk in county government about the TDZ.