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HomeMy Public PortalAboutResolution 14-2013-14 RESOLUTION NO.2013 - 14 COMMON COUNCIL CITY OF GREENCASTLE A RESOLUTION AFFIRMING F.B. DISTRO DISTRIBUTION CENTER LLC (2006/2008 Expansion) OF COMPLIANCE WITH STATEMENTS OF BENEFITS WHEREAS, FB Distro Distribution Center, LLC, has heretofore been granted certain tax abatements in consideration of certain benefits for the City of Greencastle; and, WHEREAS, said company has submitted a form CF-1/RE and CF-1/PP as of May 15, 2012 for tax abatement granted in 2006; and, WHEREAS, the Common Council has reviewed the CF-1 forms, copies of which are attached hereto, and has found compliance with the previously approved Statements of Benefits. NOW THEREFORE BE IT RESOLVED that the Common Council of the City of Greencastle, Putnam County, Indiana, approves the CF-1 forms as submitted as being in compliance with the Statements of Benefits previously filed by FB Distro Distribution Center, LLC. BE IT FURTHER RESOLVED that this Resolution be made a record and filed along with IPthe CF-1 forms with the Putnam County Auditor. PASSED by the Common Council of the City of Greencastle at its regular meeting this 1 lth day of June, 2013. COMMON COUNCIL OF THE CITY OF GREE ASTLE, IND NA insie Bingham Adam Cohen ate A) c e 4 4 ro. ) e>az M k N. Hammer Phyllis Ross Ro 'cki Terry JCS th Approved and signed by me this 11th day of June, 2013 at' Sok p.m. o'clock. Susan V. Murray, Mayor ATTEST: yn . Dunbar, Clerk-Treasurer 'f; COMPLIANCE WITH STATEMENT OF BENEFITS 20 13 PAY 20 14 i 1 )1' REAL ESTATE IMPROVEMENTS . -' State Form 51766(R3/2-13) FORM CF-1/Real Property `";,� ✓ Prescribed by the Department of Local Government Finance PRIVACY NOTICE INSTRUCTIONS: The cost and any specific individual's 1. This form does not apply to property located in a residentially distressed area or any deduction for which the salary information is confidential;the Statement of Benefits was approved before July 1, 1991. per IC 6e 1.1of -1 .1filing is c)andlic record per IC 6-1.1-12.1-5.1(c)and(d). 2. Property owners must file this form with the county auditor and the designating body for their review regarding the compliance of the project with the Statement of Benefits (Form SB-1/Real Property). 3. This form must accompany the initial deduction application(Form 322/RE)that is filed with the county auditor. 4. This form must also be updated each year in which the deduction is applicable. It is filed with the county auditor and the designating body before May 15,or by the due date of the real property owner's personal property return that is filed in the township where the property is located. (lC 6-1.1-12.1-5.1(b)) 5. With the approval of the designating body,compliance information for multiple projects may be consolidated on one(1)compliance form(Form CF-1/Real Property). SECTION 1 TAXPAYER INFORMATION Name of taxpayer County F B Distro Distribution Center LLC Putnam Address of taxpayer(number and street,city,state,and ZIP code) DLGF taxing district number 1901 E ST RD 240,Greencastle, IN 46135 67008 Name of contact person Telephone number ( ) SECTION 2 LOCATION AND DESCRIPTION OF PROPERTY Name of designating body Resolution number Estimated start date(month,day,year) Greencastle Common Council 2006-9/2006-15 August 2006 Location of property Actual start date(month,day,year) 1901 State Highway 240 E.,Greencastle, IN 46135 August 2006 Description of real property improvements Estimated completion date(month,day,year) Building expansion of 34,000 square feet July 2008 Actual completion date(month,day,year) July 2008 SECTION 3 EMPLOYEES AND SALARIES EMPLOYEES AND SALARIES AS ESTIMATED ON SB-1 ACTUAL Current number of employees 269 200 Salaries 6,500,000 6,800,302 Number of employees retained 269 200 Salaries 6,500,000 6,800,302 Number of additional employees 18 0 Salaries 450,000 0 SECTION 4 COST AND VALUES COST AND VALUES REAL ESTATE IMPROVEMENTS AS ESTIMATED ON SB-1 COST ASSESSED VALUE Values before project 14,000,000 17,000,000 Plus: Values of proposed project 3,650,000 3,600,000 Less: Values of any property being replaced 0 0 Net values upon completion of project 17,650,000 20,600,000 ACTUAL COST ASSESSED VALUE Values before project 14,000,000 Plus: Values of proposed project 3,100,000 1,497,4000 Less: Values of any property being replaced 0 Net values upon completion of project 17,100,000 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER WASTE CONVERTED AND OTHER BENEFITS AS ESTIMATED ON SB-1 ACTUAL Amount of solid waste converted N/A N/A Amount of hazardous waste converted N/A N/A Other benefits: N/A N/A SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. ,nature of author.izzfed repre tative Title Date signed(month,day,year) I L L•�t G- �t1Y, i LL.-A it 51 j---11 Page 1 of 2 OPTIONAL: FOR USE BY A DESIGNATING BODY WHO ELECTS TO REVIEW THE COMPLIANCE WITH STATEMENT OF BENEFITS(FORM CF-1) THAT WAS APPROVED AFTER JUNE 30,1991 ,/-\INSTRUCTIONS: (IC 6-1.1-12.1-5.1 and IC 6-1.1-12.1-5.9) 1. Not later than forty-five(45)days after receipt of this form,the designating body maY determine whether or not the property owner has substantially complied with the Statement of Benefits(Form SB-1/Real Property). 2. If the property owner is found NOT to be in substantial compliance,the designating body shall send the property owner written notice.The notice must include the reasons for the determination and the date,time and place of a hearing to be conducted by the designating body. The date of this hearing may not be more than thirty(30)days after the date this notice is mailed. A copy of the notice may be sent to the county auditor and the county assessor. 3. Based on the information presented at the hearing,the designating body shall determine whether or not the property owner has made reasonable efforts to substantially comply with the Statement of Benefits(Form SB-1/Real Property)and whether any failure to substantially comply was caused by factors beyond the control of the property owner. 4. If the designating body determines that the property owner has NOT made reasonable efforts to comply,then the designating body shall adopt a resolution terminating the property owner's deduction. If the designating body adopts such a resolution,the deduction does not apply to the next installment of property taxes owed by the property owner or to any subsequent installment of property taxes. The designating body shall immediately mail a certified copy of the resolution to:(1)the property owner;(2)the county auditor;and(3)the county assessor. We have reviewed the CF-1 and find that: ❑✓ the property owner IS in substantial compliance ❑ the property owner IS NOT in substantial compliance ❑other(specify) Reasons for the determination(attach additional sheets if necessary) e".1 Signature of authorized member Date signed(month,day,year) Susan V.Murray,Mayor 06/11/2013 Attested by: Designating body Lynda R. Dunbar,Clerk-Treasurer Greencastle Common Council(CF-1/RE) If the property owner is found not to be in substantial compliance,the property owner shall receive the opportunity for a hearing.The following date and time has been set aside for the purpose of considering compliance. (Hearing must be held within thirty(30)days of the date of mailing of this notice.) Time of hearing AM Date of hearing(month,day,year) Location of hearing El PM HEARING RESULTS(to be completed after the hearing) ❑ Approved ❑ Denied(see instruction 5 above) Reasons for the determination(attach additional sheets if necessary) Signature of authorized member Date signed(month,day,year) Attested by: Designating body APPEAL RIGHTS[IC 6-1.1-12.1-5.9(e)] A property owner whose deduction is denied by the designating body may appeal the designating body's decision by filing a complaint in the office of the /1 Circuit or Superior Court together with a bond conditioned to pay the costs of the appeal if the appeal is determined against the property owner. Page 2 of 2 y--2 COMPLIANCE WITH STATEMENT OF BENEFITS FORM CF-1 I PP yf ^r PERSONAL PROPERTY State Form 51765(R/1-06) Prescribed by the Department of Local Government Finance INSTRUCTIONS: 1. Property owners whose Statement of Benefits was approved must file this form with the local Designating Body to show the extent to which there has been compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.6) 2. This form must be filed with the Form 103-ERA Schedule of Deduction from Assessed Value between March 1,and May 15,of each year, unless a filing extension under IC 6-1.1-3.7 has been granted. A person who obtains a filing extension must file between March 1,and the extended due date of each year. 3. With the approval of the designating body, compliance information for multiple projects may be consolidated on one(1)compliance (CF-1). SECTION 1 TAXPAYER INFORMATION Name of taxpayer F B Distro Distribution Center,LLC Address of taxpayer(number and street,city,state,and ZIP code) 1901 E ST RD 240, Greencastle, IN 46135 Name of contact person Telephone number SECTION 2 LOCATION AND DESCRIPTION OF PROPERTY Name of designating body Resolution number Greencastle Common Council 2006-9/2006-15 Location of property County DLGF taxing district number 1901 State Highway 240 E.,Greencastle,IN 46135 Putnam 008 Description of new manufacturing equipment,or new research and development equipment,or new information technology Estimated starting date(month,day,year) equipment,or new logistical distribution equipment to be acquired. 08/01/2006 Purchase and installation of a new state-of-the-art sortation system to facilitate the shipment of Estimated completion date(month,day,year) merchandise to stores. 07/01/2008 SECTION 3 EMPLOYEES AND SALARIES EMPLOYEES AND SALARIES AS ESTIMATED ON SB-1 ACTUAL Current number of employees 269.00 200 / Salaries 6,500,000.00 6,800,302.52 Number of employees retained 269.00 200 Salaries 6,500,000.00 6,800,302.52 Number of additional employees 18.00 0 Salaries 450,000.00 0.00 SECTION 4 COST AND VALUES MANUFACTURING R 8 D EQUIPMENT LOGIST DIST IT EQUIPMENT EQUIPMENT EQUIPMENT AS ESTIMATED ON SB-1 COST ASSESSED ASSESSED ASSESSED ASSESSED VALUE COST VALUE COST VALUE COST VALUE Values before project 2,800,000.00 2,800,000.00 700,000.00 700,000.00 _ Plus: Values of proposed project 7,200,000.00 7,200,000.00 1,000,000.00 1,000,000.00 Less: Values of any property being replaced Net values upon completion of project 10,000,000.00 10,000,000.00 1,700,000.00 1,700,000.00 ACTUAL COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Values before project 13,814,400.00 2,037,582.00 550,025.00 110,005.00 Plus: Values of proposed project 5,409,909.00 1,417,178.00 423,000.00 64,600.00 Less: Values of any property being replaced Net values upon completion of project 19,224,309.0o 3,454,760.00 973,025.00 194,605.00 NOTE:The COST of the property is confidential pursuant to IC 6-1.1-12.1-5.6(d). SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER WASTE CONVERTED AND OTHER BENEFITS AS ESTIMATED ON SB-1 ACTUAL Amount of solid waste converted N/A N/A Amount of hazardous waste converted N/A N/A Other benefits: N/A N/A SECTION 6 TAXPAYER CERTIFICATION hereby certify that the representations in this statement are true. Signature of authorized r resentative Title Date signed(month,day,year) OPTIONAL: FOR USE BY A DESIGNATING BODY WHO ELECTS TO REVIEW THE COMPLIANCE WITH STATEMENT OF BENEFITS(FORM CF-1) THAT WAS APPROVED AFTER JUNE 30,1991. INSTRUCTIONS: (IC 6-1.1-12.1-5.9) 1. This page does not apply to a Statement of Benefits filed before July 1, 1991;that deduction may not be terminated for a failure to comply with the Statement of Benefits. 2. Within forty-five(45)days after receipt of this form,the designating body may determine whether or not the property owner has substantially complied with the Statement of Benefits. 3. If the property owner is found NOT to be in substantial compliance,the designating body shall send the property owner written notice. The notice must include the reasons for the determination and the date,time and place of a hearing to be conducted by the designating body. If a notice is mailed to a property owner, a copy of the written notice will be sent to the Township Assessor and the County Auditor. 4. Based on the information presented at the hearing, the designating body shall determine whether or not the property owner has made reasonable effort to substantially comply with the Statement of Benefits. 5. If the designating body determines that the property owner has NOT made reasonable effort to comply,then the designating body shall adopt a resolution terminating the deduction. The designating body shall immediately mail a certified copy of the resolution to:(1)the property owner.(2)the County Auditor; and(3)the Township Assessor. We have reviewed the CF-1 and find that: 0 the property owner IS in substantial compliance ❑the property owner IS NOT in substantial compliance ❑other(specify) Reasons for the determination(attach additional sheets if necessary) Sianature of authorized member Date signed(month,day,year) Susan V. Murray, Mayor 06/11/2013 Attested by: Designating body Lynda R. Dunbar, Clerk-Treasurer Greencastle Common Council(CF-1/PP) If the property owner is found not to be in substantial compliance,the property owner shall receive the opportunity for a hearing.The following date and time has been set aside for the purpose of considering compliance. Time of hearing AM Date of hearing(month,day,year) Location of hearing N ❑ PM HEARING RESULTS(to be completed after the hearing) El Approved ❑ Denied(see instruction 5 above) Reasons for the determination(attach additional sheets if necessary) Signature of authorized member Date signed(month,day,year) Attested by: Designating body APPEAL RIGHTS[IC 6-1.1-12.1-5.9(e)] A property owner whose deduction is denied by the designating body may appeal the designating body's decision by filing a complaint in the office of the ""^ Circuit or Superior Court together with a bond conditioned to pay the costs of the appeal if the appeal is determined against the property owner.