HomeMy WebLinkAbout03-19-09 TIF Minutes
Downtown Tax Increment Finance District
Board Meeting Minutes
3/19/2009
Attending:
Bobby Bear, Peter Bertelsen, Thail Davis, Vonda Laird, Bob Lashaway,
Chris Naumann
Absent:
Ellie Staley
Guest:
Bill Stoddard
Minutes
Chris asked that the board postpone reviewing January and February’s minutes until April’s
board meeting. The board agreed.
Public Comments
None
Financial Report
Chris presented a variation of the typical financial report. He prepared the financial analysis
presented just days after the March 5, 2009 explosion in order to see what TIF resources
existed. The analysis detailed the year-to-date totals and anticipated remaining expenses for
the fiscal year. The final set of figures projected the year-end totals for each budget line. The
end result was his calculation of $264,245.00 of available funding. Chris communicated that his
interest was to know this figure in the case of any investments the TIF might consider in light of
the recent downtown disaster.
Executive Director’s Report
Tax Increment Finance Board
The Executive Director did not submit a report for the month of March.
Discussion and Decision Items
BSD7 Meeting Update
Chris updated the board about the meeting with Steve Johnson of the Bozeman School District
that was held on March 4. Also taking part in the meeting was Vonda Laird, Bob Lashaway, and
Bobby Bear. The discussion centered on how the TIF is going to redistribute the uncommitted
increment per City of Bozeman Ord. 1628. Steve said that the School District is entitled to the
School District mils plus the majority if not all of the State mils since they all were intended for
education purposes.
The group did discuss the option of phasing in the transfer of the State mils over a multi-year
period.
Since the City of Bozeman has indicated that they would be willing to allow the TIF to retain their
mils, it was suggested that the City draft the inter-local agreement stipulating how the
uncommitted increment would be redistributed.
Chris said he would initiate the drafting process with the City.
Disaster Impact on TIF
Chris briefly discussed the impact of the March 5, 2009 explosion and fire to the TIF District in
terms of real property value and decreased taxable value of the District. He said that he had
received preliminary estimates from Anna Rosenberry (COB Financial Officer) that reflect a loss
of $55,000 to the increment and a $33,433 loss in working capital.
HB653 TIF Disaster Provision
Chris informed the board that he and Anna Rosenberry had drafted proposed legislation that
would stipulate the base value of a TIF District be adjusted for property value losses resulting
from a disaster. Chris provided that such a provision is common in many state’s TIF statutes
were disasters cause significant property damage (coastal areas subject to hurricanes and
California in consideration of frequent earthquakes). He also mentioned that a similar provisions
has been proposed in Montana a number of years ago.
Chris said that Bozeman House Representative JP Pomnichowski has sponsored the
amendment and he would be traveling to Helena in the coming days to testify in support of its
adoption.
The board agreed that this is a crucial piece of legislation considering that if the current taxable
value of the district declines sharply without an adjustment to the base, the resulting impact on
the increment could compromise the TIF’s ability to make its annual bond payment on the
parking garage.
HB645 Disaster Clean-up Appropriations Letter
Chris presented the board with a letter on behalf of the TIF requesting that funding be allocated
as part of HB645 to be administered by the TIF towards the clean-up of the explosion damage.
Specifically the proposal requested $400,000 to be allocated to the TIF which would in turn:
1. ensure that the reclamation work be performed in a timely and appropriate manner.
2. keep accurate record and subsequent documentation of exactly what work is performed
and how funds are spent.
3. promise to return any unused funds to the State of Montana upon completion of the
project.
4. seek to recover any spent funds in the case that any party is found liable for the damage.
The board discussed that they in principal they agreed that the TIF could administer any State
funds on behalf of the property owners. They also agreed that assuming the responsibility of
seeking financial reimbursement from any future liable party was an unacceptable role of the
TIF.
The board questioned if the TIF Board would have any legal standing to pursue a
reimbursement of funds from any future liable party.
Action: Bob Lashaway motioned to approve the signature of the TIF Board Chair to
the letter requesting disaster clean-up funding from HB645 under the
condition that the language obligating the TIF to seek reimbursement of
funds from any future liable party be removed.
Peter Bertelsen seconded the motion.
No discussion.
All voted in favor.
Federal Disaster Assistance Letter of Support
Chris next presented a letter to Montana’s federal representatives expressing the TIF Board’s
support of the City of Bozeman’s request for federal disaster assistance.
The Board agreed to the letter except the reference to property owners being under insured.
They discussed and concluded that the property owner’s insurance coverage was immaterial to
downtown’s need for federal disaster assistance.
The Board also requested that Chris add language describing the damage caused by the blast
and fire as blight thus deserving of action by the TIF as downtown’s urban renewal authority.
Action: Bob Lashaway motioned to approve the signature of the TIF Board Chair to
the letter supporting the City of Bozeman’s request for federal financial
disaster assistance with the revisions outlined.
Thail Davis seconded the motion.
No discussion.
All voted in favor.
Inter-local TIF Agreement
Chris suggested that the TIF revisit the specific provision of the proposed inter-local agreement
about the redistribution of the uncommitted increment per COB Ord. 1628.
The Board suggested that rather than meet with Steve Johnson again, Chris and Anna should
draft the inter-local agreement proposing a 5 year phasing of the State mils in light of the March
5 downtown disaster.
Chris acknowledged that he would pursue that course of action.
Bobby adjourned the meeting.