DOWNTOWN DEVELOPMENT AUTHORITY (DDA)

Transcription

1 NOTICE 1. DOWNTOWN DEVELOPMENT AUTHORITY (DDA) The Shelby Township DDA will meet on Thursday, January 27, 211 at 7: PM in the Employee Lounge at the Shelby Township Municipal Building at 527 Van Dyke, Shelby Township, MI MEETING AGENDA 1) Call To Order/Roll Call 2) Approve Agenda 3) Consultants Report 4) Old Business Streetscape Project Easement Agreement & Maintenance Agreement Resolution to Establish Redevelopment Project for DDA Liquor License Update Sign & Lighting Update SAD 5) New Business Election of Officers 6) Committee Reports Design Promotion Organization Economic Restructuring 7) Treasurer s Report 8) Public Comment 9) Approve Meeting Minutes 1) Chair Person Comments 11) Correspondence 12) Future Agenda Items Next Meeting: February 24, ) Adjournment POSTED: January 21, 211 at 1: p.m. (586) Charter Township of Shelby (586) TDD Individuals with disabilities requiring auxiliary aids or service at the meeting should contact the Shelby Township Clerk s Office at , TDD

2 814 Pacton Drive, Shelby Township, MI48317 Phone: fax:58p a I January 2,211 Chippewa Consulting Gail C. O'Connor President Lydia A. Rodriguez Vice President Mr. Anthony Fanelli Downtown Development Authority Shelby Township, MI Re: Van Dyke Avenue Sanitary Sewer Special Assessment District (SAD) Van Dyke Ave. - 22Mi. Rd south to Twp. limits Mitchell P. O'Connor, P.E. Secretary Mr. Fanelli, Chippewa Consulting is pleased to submit this proposal for the Van Dyke Ave. Sanitary Sewer Special Assessment District. We are very familiar with this project and also have over 2 years of experience with the Special Assessment process. In order for the Project to continue tracking in the right direction, we propose the following: Scope of Services Obtain the District Petition and Property Owner information from the Township. Evaluate the results of the Project Informational Meeting to determine property owners in favour of the Project and who are willing to circulate the Petition. Assist Petitioners in answering specific Project questions and obtaining recordable signatures (includes site visits as necessary). Assure that the Petition submitted to the Township Clerk is compliant with Public Improvements Act 188 of 1954 (Special Assessment Legislation). Schedule We estimate this service to be completed within one month of authorization. If situations arise which cause this schedule to be revised, you will be notified of the proposed changes in writing.

3 Fee Chippewa Consulting proposes to complete this service for the lump sum fee of $5,775.. Please review this proposal and call with any questions or comments. Thank you. Sincerely, frilk7*7**- Mitchell P. O'Connor, P.E. Chippewa Consulting 814 Pacton Drive, Shelby Township, MI4f3t7 Phone: fax:586-ti7-7994

4 ROBERT W. KIRK * ROBERT S. HUTH, JR. MARYANNE J. DENEWETH RAECHEL M. BADALAMENTI ROBERT F. CELLA ROSEMARY V. DAVIS PATRICK S. MCKAY GLENN R. MATECUN MICHAEL S. THOMAS Of Counsel *Also Member of Florida Bar KIRK & HUTH ATTORNEYS AT LAW, P.C. 195 HALL ROAD SUITE 1 CLINTON TOWNSHIP, MICHIGAN 4838 (586) January 25, 211 WRITER S rhuth@kirkandhuth.com FACSIMILE: (586) Theodore P. Schoenherr Director of Public Works Charter Township of Shelby Mile Road Shelby Township, MI VIA FIRST CLASS MAIL and TO tschoenherr@shelbytwp.org Re: DDA and Sanitary Sewer Special Assessment District questions Dear Mr. Schoenherr: This will confirm that you asked our office to look into matters regarding the DDA and a Sanitary Sewer Special Assessment District. You acknowledged that the process begins with a petition. Your first question was whether the local or State ordinance required that the circulator of the petition own property in the district. Also, you asked for an opinion on the issue of whether a party may sign the beneficent petition while not actually being located in Michigan. Additionally, you asked whether it is necessary for the husband and wife of the parcel to sign the petition. Finally, you wondered as to whether the cost for a service that provided collection of the petitions could be passed on to the special assessment total district cost. The Special Assessment District process is governed by local ordinances as well as State law. Shelby Township Ordinance 1 defines "owner" as follows: "The term "owner," as applied to the property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property. With respect to special assessments, however, the owner shall be considered to be the person who appears on the assessment roll for the purpose of giving notice and billing." (emphasis added) Further, Shelby Township Ordinance 58.31(C)(2)(d) gives further direction on the issue and provides as follows: C:\Documents and Settings\idnod\My Documents\Shelby Township\DDA\Agenda Packets\ \Schoenherr ltr re ordinance terms.doc

5 Theodore P. Schoenherr Re: DDA and Sanitary Sewer Special Assessment District questions January 25, 211 Page 2 "Special assessments. All petitions for installation of sewers or water mains by special assessments shall be brought under Public Act No. 188 of 1954 (MCL et sew., MSA 5.277(51) et seq.)." The State law provides in pertinent part as follows: Authority of township boards generally; cost of improvement. "Sec. 1. The township board has the power to make an improvement named in this act, to provide for the payment of an improvement by the issuance of bonds as provided in section 15, and to determine that the whole or any part of the cost of an improvement shall be defrayed by special assessments against the property especially benefited by the improvement. The cost of engineering services and all expenses incident to the proceedings for the making and financing of the improvement shall be deemed to be a part of the cost of the improvement." (emphasis added) Further, State law is consistent with the Township Ordinance regarding the definition of ownership of a parcel. It provides as follows: Filing of written objections to improvements; filing of petitions by affected record owners; sufficiency of petitions; supplementation of petitions. "Sec. 3. (1) The township board may proceed to carry out an improvement as provided in this act unless written objections to the improvement are filed with the township board at or before the hearing provided in section 4, by property owners as follows: (4) Record owners shall be determined by the records in the register of deeds' office as of the day of the filing of a petition, or if by written objections are filed as provided in subsection (1), then on the day of the hearing. In determining the sufficiency of the petition, lands not subject to special assessment and lands within a public highway or alley shall not be included in computing frontage or an assessment district area. A filed petition may be supplemented as to signatures by the filing of an additional signed copy or copies of the petition. The validity of the sig natures on a supplemental petition shall be determined by the records as of the day of filing the supplemental petition." (emphasis added) C:\Documents and Settings\idnod\My Documents\Shelby Township\DDA\Agenda Packets\ \Schoenherr ltr re ordinance terms.doc

6 Theodore P. Schoenherr Re: DDA and Sanitary Sewer Special Assessment District questions January 25, 211 Page 3 Therefore, with respect to the first issue at hand, neither the State nor local law require that the petition circulated be a parcel owner in the proposed Special Assessment District. Some commentators (i.e., Local Government Law and Practice in Michigan) have suggested that the requirement for a circulator to have a parcel in the proposed Special Assessment District occurs in many municipalities because the local ordinances address the issue. Shelby has no such ordinance. Although it may not be required, it seems to be the better practice to have the circulator of the petition to be a property owner in the district. I spoke to Mitch O'Conner (Chippewa Consulting). He had given the proposal to the Township. He stated that he would recruit a property owner or two that is in the district to be the circulator for the petitions. He would then assist those owners with the process of gathering petitions. His experience has been that the project is better received and faces less objection if initiated by a property owner from inside the district. Additionally, that practice that Mr. O'Conner is suggesting may help cut down on the possibility of objections being raised with respect to the Special Assessment District. Pursuant to Shelby Township's definition of "owner" as referenced above and Michigan law, an owner is deemed to be the person who appears on the assessment roll for the parcel. Therefore, if both the husband and wife appear on the assessment roll, then either may sign the petition. There is no requirement that the petition be signed while the owner is physically in the State of Michigan. Finally, the cost of gathering the petitions must be a part of the total cost of the Special Assessment District. MCL provides that "all expenses incident to the proceedings from making and financing of improvement shall be deemed to be part of the cost of the improvement." Therefore, the Township is not able to absorb the petition cost or any other costs associated with this Special Assessment District. Thank you for seeking our input on this matter. Should you have any other questions, please do not hesitate to contact me. Very truly yours, KIRK & HUTH, P.C. RSH/ke Robert S. Huth, Jr. C:\Documents and Settings\idnod\My Documents\Shelby Township\DDA\Agenda Packets\ \Schoenherr ltr re ordinance terms.doc

7 DRAFT Process Shelby Township DDA Invoice Submission Process 1. Jeff Swartz (DDA Treasurer) will create a running list of approved expenses based on Motions made during the DDA Board Meeting and will the lists monthly to all DDA Board Members and include as part of the DDA Board Meeting Package) Additionally, DDA Board members should notify Jeff of any budgeted Invoices that do not require a motion (e.g. the cost of DDA Newsletter that is budgeted for & doesn t require a motion). 2. Vendors submit invoices as follows: Downtown Development Authority c/o: Shelby Township Supervisor s Office 527 Van Dyke Shelby Township MI Andrea SCANS Invoice upon receipt and forwards to Jeff Swartz via Jeff determines which DDA Board Member(s) need to approve the Invoice and seeks their electronic approval. 5. Said DDA Board Member will their approval (or disapproval) with comments back to Jeff. 6. Jeff will notify Andrea, with a copy to the appropriate Board Member(s) via of approval or disapproval of Invoice(s). 7. Andrea will submit approved invoice(s) to Finance to be placed on next scheduled Township Bill Run (actual process date dependent upon when invoice is actually submitted see calendar on the next page). 8. Note: ONCE APPROVED, Finance will entered the Payment Request / Invoice into the Township s Payment process for the next scheduled bill run /24/11

8 DRAFT Process 211 Shelby Township - Accounts Payable Schedule The Township Board of Trustees provides final approval for all invoice payments at the regularly scheduled Township Board Meetings that take place on the first and third Tuesday of each month. Invoices are due to Finance in accordance with the dates noted on Account Payable Schedule Calendar as follows: Board Meeting Dates Batch Deadline To Finance Dept Check Printing Dates 1/4/11 12/17/1 by Noon 1/5/11 1/18/11 1/7/11 1/19/11 2/1/11 1/21/11 2/2/11 2/15/11 2/4/11 2/16/11 3/1/11 2/18/11 3/2/11 3/15/11 3/4/11 3/16/11 4/19/11 4/8/11 4/2/11 5/3/11 4/21/11 5/4/11 5/17/11 5/6/11 5/18/11 6/7/11 5/27/11 6/8/11 6/21/11 6/1/11 6/22/11 7/5/11 6/24/11 7/6/11 7/19/11 7/8/11 7/2/11 8/2/11 7/22/11 8/3/11 8/16/11 8/5/11 8/17/11 9/6/11 8/26/11 9/7/11 9/2/11 9/9/11 9/21/11 1/4/11 9/23/11 1/5/11 1/18/11 1/7/11 1/19/11 11/1/11 1/21/11 11/2/11 11/15/11 11/4/11 11/16/11 12/6/11 11/23/11 by Noon 12/7/11 12/2/11 12/9/11 12/21/11 1/3/12 12/16/11 1/4/12-2 1/24/11

9 ShelbyTwpDDA.org Dashboard Dec 24, 21 - Jan 23, 211 Comparing to: Site Visits Dec 27 Jan 3 Jan 1 Jan 17 Site Usage 116 Visits 4.52% Bounce Rate 421 Pageviews :1:37 Avg. Time on Site 3.63 Pages/Visit 84.48% % New Visits Visitors Overview Map Overlay Visitors Visitors 15 Dec 27 Jan 3 Jan 1 Jan 17 Visits Traffic Sources Overview Referring Sites 62. (53.45%) Search Engines 38. (32.76%) Direct Traffic 16. (13.79%) Content Overview Pages Pageviews % Pageviews / % /resources % /bus-dir % /about % /events % 1 Google Analytics

10 ShelbyTwpDDA.org Visitors Overview Dec 24, 21 - Jan 23, 211 Comparing to: Site Visitors Dec 27 Jan 3 Jan 1 Jan people visited this site 116 Visits 15 Absolute Unique Visitors 421 Pageviews 3.63 Average Pageviews :1:37 Time on Site 4.52% Bounce Rate 84.48% New Visits Technical Profile Browser Visits % visits Internet Explorer % Safari % Firefox % Chrome % SeaMonkey 1.86% Connection Speed Visits % visits Cable % DSL % T % Unknown % Dialup % 2 Google Analytics

11 ShelbyTwpDDA.org Traffic Sources Overview Dec 24, 21 - Jan 23, 211 Comparing to: Site Visits Dec 27 Jan 3 Jan 1 Jan 17 All traffic sources sent a total of 116 visits 13.79% Direct Traffic 53.45% Referring Sites 32.76% Search Engines Referring Sites 62. (53.45%) Search Engines 38. (32.76%) Direct Traffic 16. (13.79%) Top Traffic Sources Sources Visits % visits shelbytwp.org (referral) % google (organic) % (direct) ((none)) % bing (organic) 8 6.9% shelbytwp.info (referral) % Keywords Visits % visits shelby township dda % shelby township downtown % "visions of paradise % 21 mile rd. and van dyke % van dyke ave. shelby % 3 Google Analytics

12 ShelbyTwpDDA.org Map Overlay Dec 24, 21 - Jan 23, 211 Comparing to: Site Visits visits came from 3 countries/territories Site Usage Visits 116 % of Site Total: 1.% Pages/Visit 3.63 Site Avg: 3.63 (.%) Avg. Time on Site :1:37 Site Avg: :1:37 (.%) % New Visits 84.48% Site Avg: 84.48% (.%) Bounce Rate 4.52% Site Avg: 4.52% (.%) Country/Territory Visits Pages/Visit Avg. Time on Site % New Visits Bounce Rate United States :1: % 39.47% Netherlands 1 1. :: 1.% 1.% Czech Republic 1 1. :: 1.% 1.% 1-3 of 3 4 Google Analytics

13 ShelbyTwpDDA.org Content Overview Dec 24, 21 - Jan 23, 211 Comparing to: Site Pageviews Dec 27 Jan 3 Jan 1 Jan 17 Pages on this site were viewed a total of 421 times 421 Pageviews 35 Unique Views 4.52% Bounce Rate Top Content Pages Pageviews % Pageviews / % /resources % /bus-dir % /about % /events % 5 Google Analytics

14 DDA Minutes December 16, 21 Charter Township of Shelby Downtown Development Authority Meeting Minutes December 16, 21 at 7: p.m. Shelby Township Municipal Building 527 Van Dyke Shelby Township MI (Employee Lounge Lower Level) Call to Order: Mr. Hellebuyck called the meeting to order at 7:7 p.m. Roll Call: Mrs. Filar proceeded with roll call. Members Present: Mr. Hellebuyck, Mrs. Filar, Mr. Fanelli, Mrs. Rabaut Miller, Mr. Swartz, Mrs. Kiel, Mr. Mancini, and Jeff English Members Absent (excused): Mr. Stathakis Also Present: Glenn Wynn (Township Planning Director), Russ Matika, and Tom Monchak (Assessing Dept.) Approval of Agenda: Motion by Mr. Fanelli supported by Mrs. Rabaut Miller to approve the agenda. Motion carried. Consultant(s) Report: Mr. Hellebuyck said since this is related to the Streetscape project, there is nothing to report. Old Business Streetscape property owners agreement: Mr. Wynn said the attorneys are reviewing the standard contract for the project from Superior Scape. He said the amendments were also being made to the easement documents regarding the maintenance requirements discussed in the November meeting. The members asked to have the maintenance agreement ed to them for their review. 1

15 DDA Minutes December 16, 21 Old Business DDA liquor license update: Mr. Monchak distributed the Redevelopment Project pamphlet, gave the members an overview of the information, and talked about how the number of licenses is determined. He said they need to calculate the dollar amounts that were invested into the DDA district, both public and private, since the DDA began. It was confirmed that as more money is spent (i.e. sewer project), the DDA can apply for more licenses. Mr. Monchak discussed how an applicant qualifies for a license from the DDA. He said the DDA needs to have paperwork approved by the Liquor Control Commission, a Board resolution needs to be made, and then the total investment tally would have to be submitted. The resolution will be put on the Township Board agenda for January. MOTION by Mrs. Rabaut Miller supported by Mr. English to authorize Mrs. Filar to go to the Township Board requesting a resolution designating the DDA as the redevelopment area for the local government. Motion carried. New Business: None Committee Reports Design: Mr. Fanelli discussed signage for the right-of-way, street signs, and traffic signs in the corridor, while the members looked at the conceptual designs from Harmon Signs. Mr. Wynn said he and Mr. Fanelli would like to meet with the MCRC before the next DDA meeting, to make sure they are comfortable with the designs and to secure specifications. Mrs. Rabaut Miller made a suggestion for the entrance to the Township on Van Dyke; Mrs. Filar feels all the entrances should be consistent. Mr. Fanelli said the signs they are looking at are for 23 to 24 Mile, and hopefully will become a template for other areas. Mr. Fanelli showed a decorative street lighting plan, free of charge, from Detroit Edison. He said they are focusing, for budgetary purposes, on the area from 24 Mile and Van Dyke to the Township entrance, about eight (8) lamp posts. There was discussion about the light designs being compatible with the lights that are already at the intersection. Mr. Fanelli discussed the pros and cons for contracting a private company versus Detroit Edison. Mr. Hellebuyck confirmed the cost for these fixtures: $12,887.. The members agreed to present this information to the Board for informational purposes, and advertising it also in the newsletter. Mr. Swartz reminded the members of the declining budget, especially for 211 and 212, due to the tax credits. The members reiterated the advantages of the lighting project. Mr. Fanelli and Mr. Wynn will present more details regarding the lights and the signs at the next meeting. 2

16 DDA Minutes December 16, 21 Committee Reports Promotion: Mrs. Kiel received a bill for $17 to renew the DDA s membership with the Chamber of Commerce. The member decided to decline the renewal at this time. Committee Reports Organization: Mrs. Rabaut Miller said the members still need to establish their addresses. She said Mr. Matika can track who accesses the DDA website; he explained his report. The members mentioned having the DDA businesses websites linked to the DDA website. Committee Reports Economic Restructuring: Mr. Hellebuyck asked about identifying the petitioners for the S.A.D. Mr. Fanelli said the petition language is finalized but the petitioners have not been set. Mr. Hellebuyck and Mr. Fanelli will meet with Fazal Khan, after the holidays, to proceed. Mr. Hellebuyck said approximately 45% of the property owners showed positive interest in this S.A.D. Treasurer s Report: Mr. Swartz reported expenditures for November: Organization Committee - $554.7; Design Committee - $1,29.; and S.A.D. - $2,1.. The total expenditures were $4,1.13. There was discussion about the approval process for paying the DDA bills. The members reiterated that the bills need to go to each individual committee for approval first (via ). The S.A.D. bills will be approved by the Design Committee. Mr. Swartz will further investigate the charge of $1,29. under the Design Committee to see if it is a DDA bill or a Township bill. Mr. Swartz said the total expenditures for the year will be approximately $35,. He said the surplus rollover into 211 will be about $13,. Mr. Hellebuyck asked that Mr. Swartz have a copy of each bill available at the meetings, in case there are questions. Mrs. Filar suggested having Financial Management submit a DDA bill run to Mr. Swartz. There was discussion about changing the accounting procedures to use subaccount reports, since more projects will be starting. Public Comment: None Approve Meeting Minutes: Motion by Mr. English supported by Mrs. Kiel to approve the meeting minutes from November 18, 21 as submitted. Motion carried. Chair Person Comments: Merry Christmas and Happy New Year! Correspondence: None 3

17 DDA Minutes December 16, 21 Future Agenda Items Next Meeting January 27, 211: Items include - Discussion of easement agreement with the county, residential maintenance agreement, motion for lights, motion for signs, resolution establishing the DDA as the redevelopment project area, an update on the S.A.D., and election of officers. Adjournment: Motion by Ms. Kiel supported by Mrs. Filar to adjourn the meeting. It is 9:34 p.m. Motion carried. pm 4