Zionsville Redevelopment Commission (ZRDC)

Meeting Minutes Redevelopment Commission 6:30pm - January 28, 2013 Regular Meeting Town Hall – Community Room Meeting was called to Order at 6:30pm by Mike Latz. Members present were Mike Latz, Craig Anderson, Mark Plassman, Brad Johnson, Town Manager Ed Mitro, Director of Planning & Economic Development Wayne DeLong, and Counsel Andy Buroker. Meeting was turned over to Mark Plassman. Mark Plassman asked for members to comment on the December 5, 2012 minutes. Craig Anderson suggested changes to the first page and last page of the minutes, as follows: -correct first page toward the bottom, state “them out” -correct last page, top of page, spelling of motion Mike Latz motioned to approve the minutes, with changes. Craig Anderson seconded the motion. Unanimous vote of approval of members present. Mark Plassman asked that the election of Secretary and Treasurer to the commission be tabled. Ed Mitro confirmed that the election can be tabled and shared that Joe Stein will be the representative from Zionsville Schools. Mark Plassman asked Andy Buroker for an update on the Dow transaction. Andy Buroker indicated that environmental testing is being conducted by August Mack in the form of a Phase 2 investigation. The testing is complete but no report on the research has been prepared yet. Mark Plassman asked if there were any questions. Craig Anderson asked if there still was a focus on a mid-February closing? Andy Buroker indicated that timing would be dictated by the ability of the RDC and Rockland to comment on the due diligence. Mark Plassman noted that the RDC was still waiting on the exhibits as well. Andy Buroker indicated the creation of the exhibits is dependent on the due diligence and noted that the Agreement was amended in December because as of January 30 certain earnest monies go hard. An extension of time is proposed for another month of time and currently the he is waiting on a response. Mark Plassman asked for the status of the extension. Andy Buroker indicated that a February 15 closing is not realistic and he is awaiting a response from Dow as to the extension. Mark Plassman asked for an update on the Harris/Teays Agreement. Andy Buroker passed out the Agreement for the RDC’s review and offered an explanation of updates and changes. Brad Johnson inquired about the 10 employees at $100,000.00 salary per employee commitment. Matt Price, attorney for Harris FLP, indicated that Harris FLP did not have information specific to the number of employees who potentially could occupy the building. Brad Johnson indicated his concern that the number of proposed employees appeared to be lower than the number of employees that could potentially occupy the building. Discussion occurred regarding the applicability of committing the number of employees. Mark Plassman indicated that the agreement is offering a guarantee on the investment and a commitment on the number of employees could be seen as a double commitment. Mike Latz offered that the project should be viewed as a capital investment project and it is not focused on tax revenue from the employees generated by the tenant. Mike Latz suggested seeing if Teays was available to meet with members of the RDC related to its business plan. Brad Johnson indicated that he had no objection to the proposal-he justs wants to quantify the objective of the agreement. Wayne DeLong indicated he will follow up with Bryan Brackemyre to confirm what he knows from an EDC standpoint. Mike Latz suggested that the RDC hold an executive session to discuss the Teays project and invite representatives of Teays and Harris FLP to attend. Hearing no further discussion, Mike Latz motioned to approve the Teays Agreement subject to the holding of an executive session regarding Teays or meeting with them separately. Craig Anderson asked for confirmation regarding the timeline for completion of the project. Bob Harris of Harris FLP indicated that completion is anticipated by the end of the summer. Craig Anderson seconded the motion to approve the Teays Agreement. Unanimous vote of approval of members present. Wayne DeLong provided an update on activities within the TIF district (memo attached to the minutes for reference). The status of the Micro Loan committee was discussed. Ed Mitro provided a status update to the Commission and discussion occurred regarding process and procedures of the committee. It was suggested that the RDC reach out to Carol Marquiss to continue her role in serving to shepherd the Micro Loan process. Craig Anderson indicated that Bryan Brackemyre will take Dax Norton’s place on the Committee as interim Executive Director of the Boone EDC. The awarding of the contracts related to 106th Street sewer / water and the Bennett road extension was discussed next. Wayne DeLong indicated that Gradex appeared to be the lowest, most responsive, and most responsible bidder on both projects and each project’s engineering team recommended Gradex for the award (Bids tabulation included with the minutes for reference). Hearing no further discussion, Mike Latz motioned to award both the contract for the Bennett road extension and 106th Street water/sewer project to Gradex, with notices to proceed being subject to Town control of rights-of-way and easements. Brad Johnson asked for clarification as to if Gradex had capacity to complete the projects. Committee members indicated they are familiar with Gradex and yes the company had the ability to complete the projects. Craig Anderson seconded the motion. Unanimous vote of approval of members present. Discussion occurred regarding the ability to hold the bids past 60 or 90 days. Wayne DeLong indicated he would research and confirm (note: the bids can be held for no longer than 60 days). Mike Latz indicated that work to complete the 2012 annual report is underway. Mark Plassman indicated that the next item for discussion was the Contract for Construction Inspection services. Discussion occurred regarding the proposed hours to be assigned and number of employees working on different phases of the project. Discussion concluded that the matter should be tabled to a future regular or special meeting of the RDC. Mark Plassman indicated that the next item for discussion was the Confidentiality Agreement related to the members of the Micro Loan committee. Ed Mitro described the agreement and indicated that Wayne DeLong had worked with Andy Buroker to create the document. Ed Mitro outlined the types of documents associated with a Mirco Loan application. Wayne DeLong indicated that some potential applicants have not pursued the Mirco Loan process out of concern related to privacy of these documents. Hearing no further discussion, Brad Johnson motioned to approve the Confidentiality Agreement. Craig Anderson seconded the motion. Unanimous vote of approval of members present. The next meeting date of the RDC was discussed and it was decided that February 11 would be a special meeting of the RDC in addition to the scheduled meeting of February 25. Hearing no further business, a motion was made to adjourn the meeting. Motion was approved. Meeting adjourned at 7:33pm.