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HomeMy WebLinkAboutMinutes - 57th - October 13, 1983 signedTHE 57th REGULAR MEETING OF THE ECONOMIC DEVELOPMENT CORPORATION OF LIVONIA A Regular Meeting of the Economic Development Corporation of Livonia was called to order by the Vice Chairman, Kenneth Hale, at approximately 5:00 p.m., October 13, 1983, in the Council Chambers of the City Hall, 33000 Civic Center Drive, Livonia, Michigan. The Secretary called the roll: Directors Present: Mr. Kenneth Hale Mr. Frank Hand Mr. Alan Helmkamp Mr. Ron Mardiros Mr. Robert E. McCann Mr. Angelo A. Plakas*(arrived 5:15 p.m.) Mr. Stanley Telman Mr. Ronald Knoll (Hercules Director) Mr. Thaddeus 0palinski (Hercules Director) Mr. Joseph F. Waughn (Newburgh Assoc. Director) Directors Absent: Mr. Robert Jankowski Mr. Peter Ventura Mr. Henry Easdon (Newburgh Associates) Others Present: Mr. Stephen Hall, Newburgh Associates Mr. Donald Kelm, Miller/Canfield Mr. Daniel Gilmartin, Executive Director Ms. Marie E. King, Recording Secretary On a motion by Mr. Mardiros, supported by Mr. Telman, it was #83-333 RESOLVED, that the minutes of the September 8, 1983, Regular Meeting of the Economic Development Corporation be approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Hale, Helmkamp, Mardiros, McCann, Telman NAYS: None ABSTENTIONS: Hand The Vice Chairman declared the resolutions adopted. The first item on the Agenda was the application from General Properties (Elliott Schubiner). The Executive Director explained that Mr. Schubiner has requested that this item be tabled indefinitely. He is still trying to seek financing. On a motion by Mr. Mardiros, supported by Mr. Telman, and unanimously adopted, it was 363 #83-334 RESOLVED, that the application from General Properties and Elliott Schubiner be tabled until further notice is received from the petitioner. The next item on the Agenda was the consideration of the Project Plan for Newburgh Associates. The Executive Director explained that this petition was first heard, and approved, by the E7)C on July 10, 1980. The project consists of an approximate 2-acre parcel about 660 feet south of Six Mile Road, on the east side of Newburgh Road. The land in question is located between Timothy Presbyterian Church, in the NW 1/4 of Section 17. proceeded and the current land use finds the two buildings occupancy. The "transfer of employment" problems Newburgh Plaza and St. The construction has in various stages of created by the guidelines of P.A. 338 have been resolved, and the applicant has received authorizations from affected municipal jurisdictions. Mr. Donald Keim of Miller/Canfield and Mr. Stephen Hall of Newburgh Associates were present to answer any questions the board might have. Mr. Hand commented that it has been taking a long time for the project to be completed and he wondered what the delay was. Mr. Hall explained that there was a problem in obtaining financing but that everything has been taken care of now. The project is completed except for some of the interiors. Two/thirds of the space has been leased. Mr. Helmkamp commented that he is leasing space in the project and is very pleased with the arrangements so far. Mr. Donald Keim said that the project plan is in order. It contains no unusual language. However, Miller, Canfield, Paddock and Stone have been asked to represent the Guardian Life Insurance Company of America which will be the purchaser of the bonds. Therefore, the Chairman is asked to sign a letter of disclosure which gives consent to Miller, Canfield, Paddock & Stone to represent both the purchaser of the bonds and the issuer of the bonds. On a motion by Mr. Hand, supported by Mr. Mardiros, it was 364 03-335 RESOLVED, that the Economic Development Corporation does hereby give consent to Miller, Canfield, Paddock & Stone to represent the Guardian Life Insurance Company of America as purchaser of the bonds and does not see any conflict of interests, and further resolved that the Chairman or Vice Chairman is authorized to sign the letter of disclosure on behalf of the Economic Development Corporation of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Hale, Hand, Mardiros, McCann, Telman, Waughn NAYS: None ABSTENTIONS: Helmkamp The Vice Chairman declared the resolution adopted. On a motion by Mr. McCann, supported by Mr. Hand, it was #83-336 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment, to revitalize the City's economy, to assist industrial and commercial enterprises, and to encourage the location, expansion or retention of industrial and commercial enterprises, to provide needed services and facilities to the City and its residents and to retain employment opportunities in the City; and WHEREAS, a program to alleviate the aforesaid conditions has been initiated by the Corporation; and WHEREAS, the Corporation in conformity with Act No. 338, Public Acts of Michigan, 1974, as amended ("Act No. 338"), and the Internal Revenue Code of 1954, as amended (the "Code"), has prepared a project plan ( the "Project Plan"), providing all information and requirements necessary for a project to be undertaken for the benefit of Newburgh Associates (the "Project"), including the issuance of revenue bonds by the Corporation (the "Bonds"); NOW, THEREFORE, BE IT RESOLVED: 1. The Project Plan, as attached hereto and made a part hereof, meets the requirements set forth in Section 8(4) of Act No. 338, and is hereby adopted and approved. 2. The persons who will be active in the management of the project for not less than one year after approval of the Project Plan have sufficient ability and experience to manage the plan properly. 3. The proposed metnods of financing the Project as outlined in the Project Plan are feasible and this Corporation has the ability to arrange, or cause to be arranged, the financing. 4. The Project Plan contains a statement by a person described in Section 8(4)(j) of Act No. 338 indicating the payment to all persons performing work on the construction project of the prevailing wage and fringe benefit rates for the same or similar work in the locality in which the work is performed and the Corporation hereby conclusively relies thereupon. 365 5. The Project as submitted is reasonable and necessary to carry out the purposes of the Act No. 338. 6. Based upon the information submitted and obtained, the Project Plan as submitted and the Project to which it relates serves to alleviate and prevent conditions of unemployment and strengthen and revitalize the City's economy and, therefore, constitutes a vital and necessary public purpose. 7. The Secretary of this Board (the "Secretary") be and is hereby authorized to convey this resolution and the Project Plan to the legislative body of the City for its review. 8. The Secretary is further directed to certify to the legis- lative body of the City that upon advice of the Project's applicant and upon this Board's investigation the Project will have the effect of transferring employment of more than 20 full-time persons from another Michigan municipality to the City. A resolution consenting to the transfer of employment has been adopted by the City Council of the City of Westland and the Township Board of the Township of Northville, the municipalities from which employment will be transferred, and are attached hereto. 9. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Hale, Hand, Mardiros, McCann, Telman, Waughn NAYS: None ABSTENTIONS: Helmkamp The Vice Chairman declared the resolution adopted. * Angelo Plakas arrived at 5:15 p.m. The next item on the agenda was an amendment to the Hercules Drawn Steel Project. The Executive Director reminded the Board of Directors that Hercules Drawn which Steel, 38901 Amrhein, is a Livonia manufacturer/received final EDC bond approval on December 10, 1981 in the principal amount of $1,275,000 to defray the cost of acquiring and installing equipment to be used in the company's manufacture of cold drawn steel bars. The Company has informed the EDC that the project did not use all the proceeds of the bonds and that there exists a 133,000 surplus. Hercules would like to have the 9 pieces of equipment listed in Exhibit A included as a First Amendment and First Supplement to the original project. 366 it was On a motion by Mr. Hand, supported by Mr. Plakas, and unanimously adopted, #83-337 WHEREAS, on December 10, 1981 the Economic Development Corporation of the City of Livonia (the "EDC") adopted a Resolution (the "Resolution") authorizing the issuance of its $1,275,000 Limited Obligation Revenue Bonds (Hercules Drawn Steel Corporation Project), Series A (the "Bonds") for the benefit of Hercules Drawn Steel Corporation, a Michigan corporation (the "Company"); and WHEREAS, pursuant to the Resolution, the EDC authorized the execution and delivery of a Loan Agreement, dated as of November 1, 1981 (the "1981 Agreement") between the EDC and the Company for the purpose of financing the Project, as defined therein; and WHEREAS, pursuant to the Resolution, the FDC authorized the execution and delivery of an Indenture, dated as of November 1, 1981 (the "1981 Indenture") between the EDC and The Toledo Trust Company, an Ohio banking corporation (the "Secured Party"); and WHEREAS, pursuant to the 1981 Indenture, the EDC has assigned to the Secured Party all of its interest (subject to certain specified exclusions) in the 1981 Agreement and any amendments thereto; and WHEREAS, pursuant to the Resolution, it was contemplated that the Company and the EDC may amend the 1981 Agreement with the prior consent of the Secured Party and that the FDC and the Secured Party may amend the 1981 Indenture; and WHEREAS, the Company has informed the EDC that the Project as defined in the 1981 Agreement did not use all the proceeds of the Bonds and that there are currently surplus Bond Proceeds, as defined in Section 4.4 of the 1981 Agreement, of approximately S133,300 in the Project Fund, as defined in the 1981 Agreement; and WHEREAS, the Company has requested the EDC to authorize an amendment to the 1981 Agreement (the "First Amendment") and a supplement to the 1981 Indenture ( the "First Supplement"), to add to the definition of "Project" certain machinery (the "Machinery") closely related to the Project Purposes, as defined in the 1981 Agreement; and WHEREAS, the Secured Party has consented in writing to the addition of the Machinery to the Project. NOW, THEREFORE, BE IT RESOLVED: 1. Determination of Project Purpose. The Machinery comes within the definition of Project Purposes as defined in the 1981 Agreement. 2. Approval of the First Amendment and First Supplement. The form of First Amendment and the form of First Supplement on file with the Secretary of the NOC are hereby approved. 367 3. Execution and Delivery of the First Amendment and First Supplement. The Chairman or Vice -Chairman of the Board is hereby authorized to execute and deliver and the Secretary is authorized to attest and seal the First Amendment and the First Supplement, in the form approved, with such changes and insertions as may be necessary or desirable, permitted by Act 338, Public Acts of Michigan, 1974, as amended, and otherwise by law, and not materially adverse to the EDC. 4. Authorization of Other Documents. The Chairman, Vice Chairman, Secretary, members, staff and counsel for the EDC or any of them, are hereby authorized to execute and deliver such other certificates, documents, instruments and opinions and other papers as may be required by the First Amendment or the First Supplement, or as may be necessary or convenient to effectuate the delivery of the First Amendment or the First Supplement. 5. Conflict and Effectiveness, All resolutions and parts of resolutions or other proceedings of the EDC in conflict herewith are repealed to the extent of such conflict. This resolution shall become effective upon adoption. Alan Helmkamp gave the Treasurer's Report. There is a current Fund Balance of $25,465.33. The total Fiscal Year To Date 1983 Revenues are 3,514.12. The total Fiscal Year To Date 1983 Expenses are $9,393.88. The Decrease in Fund Balance, Year To Date is $5,879.76. On a motion by Mr. Telman, supported by Mr. Hand, and unanimously adopted, it was #83-338 RESOLVED, that the Treasurer's Report presented by Treasurer, Alan Helmkamp, be accepted as submitted. At this time, there was some general discussion about the role the EDC should play in attracting business to Livonia. The City of Livonia has not actively sought business because there is very little land left to be developed and there has been a constant interest in the land by various developers. The EDC has no trouble attracting business; however, the applicants have trouble finding financial insti- tutions interested in purchasing the bonds. On a motion by Mr. Hand, supported by Mr. Plakas, and unanimously adopted, it was #83-339 RESOLVED, that the Regular Meeting of the Economic Development Corporation, held October 13, 1983, be adjourned at 5:45 p.m. Respectfully Sub'itte Ron Mardi os Secretary