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HomeMy WebLinkAboutLBRA MINUTES 2008-11-24J t (W MINUTES OF THE ORGANIZATIONAL MEETING OF THE CITY OF LIVONIA BROWNFIELD REDEVELOPMENT AUTHORITY The organizational meeting of the Brownfield Redevelopment Authority of Livonia was called to order at 5:45 p.m. Monday, November 24, 2008, by the Temporary Chairman Jack Engebretson. MEMBERS PRESENT CONSULTANT: Jim Cambridge Paul Condon Jack Engebretson Bill Fried Ken Harb Lynda Scheel Enrico Soave Joe Taylor Ashley Vartoogian Mark Jacobs, Attorney Dykema Gossett, Detroit OTHERS PRESENT: Jeff Bryant, Economic Development Director Michael Fisher, Attorney, Law Department Linda Grimsby, City Clerk Mayor Jack E. Kirksey Lori Miller, City Clerk's Office Scott Miller, Planning Department Mark Taormina, Director of Planning it was: On a motion by Taylor, seconded by Harb, and unanimously adopted, #01-08 RESOLVED, that Jack Engebretson be appointed as the Chairman of the Brownfield Redevelopment Authority of Livonia. On a motion by Cambridge, seconded by Harb, and unanimously adopted, it was: it was: L #02-08 RESOLVED, that Lynda Scheel be appointed as the Vice Chairperson of the Brownfield Redevelopment Authority of Livonia. On a motion by Fried, seconded by Soave, and unanimously adopted, CEJ it was: Brownfield Redevelopment Authority November 24, 2008 Page 2 of 5 #03-08 RESOLVED, that Joe Taylor be appointed as the Treasurer of the Brownfield Redevelopment Authority of Livonia. On a motion by Taylor, seconded by Harb, and unanimously adopted, #04-08 RESOLVED, that Ashley Vartoogian be appointed as the Secretary of the Brownfield Redevelopment Authority of Livonia. Michael Fisher, Attorney, Law Department, introduced consulting attorney Mark Jacobs of the law firm Dykema Gossett, who was present at the meeting to answer questions raised by members of the Authority. Chairman Engebretson asked Authority members to review the proposed Bylaws for the Authority and opened the subject matter for discussion. Mark Jacobs, Dykema Gossett, indicated the proposed Bylaws of the City of Livonia Brownfield Redevelopment Authority are in compliance with all State statutes and are designed to help get the Authority started. Bill Fried raised the question about members being appointed by City Council and indicated he thought the Mayor nominated Board members and the Council ratified the appointment under Article ll, Section 3 entitled "Directors". Chairman Engebretson confirmed that the Mayor appoints members and the City Council confirms their appointment and agreed this change should be made to the Bylaws. Ashley Vartoogian inquired if there was anything in the statute about the appointment of Board members. Mark Jacobs responded that the statute states the Authority shall be under the supervision and control of the Board chosen by the governing body, the governing body being City Council. Mr. Jacobs further stated the statute does not say anything about how a recommendation is made to the City Council which is what the Mayor has done in this case. However, it is openly acted on by the City Council which is consistent with what the statute requires and what the Bylaws state. Mr. Jacobs indicated the Mayor could make a recommendation that the Council may not agree with but Council are ultimately the ones that make the appointment. Further, Mr. Jacobs concluded that this is an internal matter and is not dealt with in the statute and the Bylaws could be modified to state "designated by the Mayor, appointed by the City Council" which would not be in violation of state statute. Chairman Engebretson stated the Bylaws should be changed to reflect same as there were no objections made by Board members. Brownfield Redevelopment Authority November 24, 2008 (W Page 3 of 5 Bill Fried raised the question whether the State needed to be notified of the Authority and whether or not it was a Municipal corporation. Mr. Jacobs responded a notice must be filed with the Department of State, via certified Council Resolution, advising the State of the establishment of the City of Livonia Brownfield Redevelopment Authority and it is not considered a public corporation so nothing further needs to be done. Bill Fried inquired whether or not the Bylaws should enumerate the purpose of the Authority's creation or existence. Mr. Fried indicated usually some document is created to state the overall purpose of an entity and although this Authority is a recommending body to City Council, it does have quite a bit of freedom. Mr. Jacobs responded in Article Il, Section 2 of the Bylaws, the duties and powers of the Authority are enumerated. However, a sentence could be added in the preamble under the "Name" section of the Bylaws to state the powers of the Authority and the applicable Act under which it is governed. Chairman Engebretson stated the Bylaws should be changed to reflect same as there were no objections made by Board members. Paul Condon inquired whether the Bylaws could be amended at some point down the road. Mr. Jacobs responded the Bylaws can be amended at any point in time by the required two-thirds vote. Further, the Bylaws as drafted were not intended to deal with any specific issues that may evolve as the Authority moves forward. Bill Fried inquired why it would take a two-thirds vote to amend the Bylaws and recommended this be changed to be a one-half vote to amend. Chairman Engebretson pointed out that there are nine members on the Board and even if there were an absence or two, a two-thirds majority could be met to amend the Bylaws and the current two-thirds requirement need not be changed. Therefore, Chairman Engebretson and the Board members concluded the Bylaws did not need to be amended for this point. Upon the close of discussion of the Bylaws as presented, on a motion by Taylor, seconded by Harb, and unanimously adopted, it was: #05-08 RESOLVED, that the Bylaws of the Brownfield Redevelopment Authority of Livonia are hereby adopted, as revised, and attached hereto by reference, as prepared by the consulting law firm of Dykema Gossett. Chairman Engebretson proposed the Authority meet next week for the purpose of reviewing the proposal submitted relative to the Livonia Mall property within the next week and stated the Authority will be subject to the rules of the Open Meetings Act and notices of all meetings need to be posted 18 hours prior to a scheduled meeting date. c Brownfield Redevelopment Authority November 24, 2008 Page 4 of 5 On a motion by Fried, seconded Taylor, and unanimously adopted, it was: #06-08 RESOLVED, the next meeting of the City of Livonia Brownfield Redevelopment Authority will take place on Wednesday, December 3, 2008, at 5:00 p.m. at City Hall. Chairman Engebretson stated he viewed this Authority as similar to others in the past as far as economic development. He stated it is no different than the TURBO program which came out a few years ago by the Wayne County Executive and that all tools available to the City should be utilized to keep the City vibrant and keep buildings leased and filled up, and so that is the goal of the Brownfield Redevelopment Authority. Mayor Kirksey addressed the Authority to indicate he anticipates more matters will come before the Authority down the road and views the Authority as a crucial economic development tool that should be used in connection with other strategies to get answers. The next meeting is scheduled for Wednesday to allow as much time as possible given the upcoming holidays and to extend the amount of business days available to work on the proposal. Mayor Kirksey then turned the matter over to Mark Taormina, Director of Planning, to elaborate. Mark Taormina, City Planner, addressed the Authority to state that time is not a luxury for the redevelopment of the former Livonia Mall property and that all powers and duties that will apply to the Authority go greatly beyond the training provided prior to the beginning of this Organizational meeting. However, should the members of the Authority have any questions prior to the next scheduled meeting, he invited members to send them to him prior to the next meeting. Chairman Engebretson inquired if all questions should be sent directly to Mr. Taormina prior to the next meeting and Mr. Taormina responded in the affirmative. Jeff Bryant, Economic Development Director, indicated several other projects may benefit as a result of formulating the Brownfield Redevelopment Authority and tapping into the appropriate resources which then become available listing the following as examples: the former Wal-Mart building located at Middlebelt and 1-96, the former General Motors facility on Amrhein and Eckles, and the dilapidated plaza and businesses located at the corner of Eight Mile Road and Grand River Avenue. Mr. Bryant indicated these are some major projects which may come before the Authority hopefully sooner rather than later. Mr. Bryant indicated other projects have come to fruition as a result of funds from the Wayne County Brownfield Redevelopment Authority and listed as examples the Eye Clinic which was developed at the northwest corner of Six Mile and Farmington Roads, the old A & P/Farmer Jack cold storage facility on Plymouth Road, as well as the former Ardmore property which was blighted and obsolete. Brownfield Redevelopment Authority November 24, 2008 (W Page 5 of 5 Chairman Engebretson thanked Mr. Bryant for relaying all of the other Brownfield examples to the members. Further, he indicated that although there are significant differences between this Authority and the Plymouth Road Development Authority (PRDA), one can see that these types of opportunities can help save the City as the PRDA did in the Plymouth Road corridor and attracted new businesses to develop and re -develop that area. Chairman Engebretson concluded this is a great tool to put in the City's "tool bag" and stated he thinks the Authority has the potential for embarking on an interesting adventure. On a motion by Scheel, seconded by Taylor, and unanimously adopted, the Organizational meeting of the City of Livonia Brownfield Redevelopment Authority was adjourned at 6:21 p.m., November 24, 2008. (Ali Ash ey �a oogi , Secretary