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Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 4/14/2020 Title: Tax Incentive Policy and Guidelines Submitted By: LeighAnn Mikesell Department: Economic Development Brief Summary: The Tax Incentive Committee has created a policy document for Commission approval that reflects the findings and recommendations in the previously reviewed committee report. Detailed Summary: In an effort to standardize and control the rate and term of tax abatements granted in the City of Muskegon, the Tax Incentive Committee (comprised of staff from Economic Development, Planning, and Finance) has created the attached policy to guide our recommendations to the City Commission when tax abatements are requested. This system incentivizes companies that reflect community goals and values, while keeping Muskegon competitive in the region for attraction and expansion of business base. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): Fund(s) or Account(s): N/A Recommended Motion: Motion to approve the Tax Incentive Policy and Guidelines as presented. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: TAX INCENTIVES POLICY INFORMATION PACKET AND GUIDELINES OVERVIEW: A company that is in the planning phase of a major business attraction or expansion project that will include a capital investment in real and/or personal property may be eligible for a number of statutorily provided and locally approved tax incentives or abatements. The City of Muskegon strives to apply these incentives with maximum return on investment for the developer and community. The process for requesting and receiving an eligible tax incentive for a development or expansion project has been simplified in the following policy guidelines and forms. The City of Muskegon maintains this policy with the objectives of: • increasing employment opportunities for our residents, • diversifying and stabilizing the tax base of the community, • reducing functional obsolescence of existing buildings and lots, • encouraging expansion of our existing business base, • providing for improved housing and commercial amenities for the community, • encouraging attractive, viable building sites and • enhancing our economic development tools to attract and retain businesses POLICY ELIGIBILITY CRITERIA: 1. A tax abatement shall not be granted until there is compliance with the associated state statute; and 2. Leasehold property shall not qualify for a real property tax abatement unless applicant is responsible for payment of the property taxes, and can demonstrate timely payment of property taxes upon the City’s request; and 3. A tax abatement shall be issued for a term reflective of the points earned in the City’s scoring matrix; and 4. A tax abatement shall not be issued unless an Applicant completes the attached application form and provides all necessary documents to ensure accurate scoring by the Tax Incentive Review Committee. APPLICATION PROCESS: Once a company has determined that it meets the minimum criteria for consideration of a tax abatement, then a company may begin the process of formally applying for the relevant incentive. The process is as follows: 1. Letter of Intent submitted on applicant’s letterhead to the Planning Director (No improvements shall be considered for abatement if made or permitted prior to the approval of the abatement application). 2. Complete any relevant Michigan Department of Treasury Forms. Include with the form: a. Cost Sheet for anticipated improvements in real property. b. Lease Agreement showing building terms and applicants’ tax liability (if applicable). 3. Submit application form and attachments to the City of Muskegon Planning Department. 4. Tax Incentive Review Committee verifies completion and eligibility of Applicant’s documents for submission and makes recommendation to the City Commission regarding approval and length of the requested abatement. 5. City Commission Public Hearings are scheduled. 6. City Commission votes on establishment of the District and approval of the associated abatement (City Commission may also vote to reject any application for abatement). 7. Resolution submitted to State Tax Commission for final approval and issuance of certificates where necessary. 8. Projected investment must be complete within two years or risk liability for any abated values. LENGTH OF THE TAX ABATEMENT: The City Commission has approved the use of the following matrices to calculate the length of the associated tax abatement. The points in this scoring system are tied to community goals endorsed by elected officials and staff, thereby rewarding and incentivizing specific development types and values with additional potential years of abatement: Cognate Value Cognate Value PA 198 PA 210, 255, 146 Taxable Value 0-5 Taxable Value 0-5 Job Creation 0-3 Location 0-2 Resident Hiring 0-2 New Business 0-1 Resident Owned/Managed 0-2 TOTAL 0-10 TOTAL 0-10 PA 198 IFEC Scoring Guide 1-7 Points: 9-Year 50% Abatement 7-10 Points: 12 Year 50% Abatement PA 210 Tax Abatement Scoring Guide 1-5 Points: 3 Years frozen taxable values 6-8 Points: 6 Years frozen taxable values 9-10 Points: 10 Years frozen taxable values PA 255 Tax Abatement Scoring Guide 1-5 Points: 4 Year Abatement 6-8 Points: 8 Year Abatement 9-10 Points: 12 Year Abatement PA 146 Tax Abatement Scoring Guide 1-5 Points: 4 Years frozen taxable values 6-8 Points: 8 Years frozen taxable values 9-10 Points: 12 Years frozen taxable values TAX ABATEMENT APPLICATION FEE: The City Commission has authorized the implementation of a non-refundable application fee of $1,000.00 for Public Act 146, Public Act 255, and Public Act 210 abatement applications. Public Act 198 tax abatement applications carry a non-refundable application fee equal to 2% of the abated taxes, not to exceed $1,722. REQUIREMENTS AFTER TAX ABATEMENT IS APPROVED: By the December 31 that is two years after the December 31 of the year that the abatement is approved, the applicant will supply the Planning Director with a letter confirming that the purchases, employment numbers, renovations, and/or other applicable cognates are complete. If these figures have not been reached, a letter of explanation must be submitted to the Planning Director, for review by City Commission, which may then cancel the abatement, or offer a new abatement with reduced values and years. For assistance with your business attraction and retention needs, please contact the City Economic Development Office at 231-724-6870. For assistance with the associated process and application, please contact the City Planner’s Office at 231-724-6702. Tax Incentive Policy Scoring Guide INDUSTRIAL FACILITIES EXEMPTION (PUBLIC ACT 198) TAXABLE VALUE: The City will consider the estimated additional tax base that the development will generate based on plan review, assessor's analysis and permit fees. 1 point awarded for $250,000 - $499,999 in taxable value, 2 points awarded for $500,000 to $749,999, 3 points awarded for $750,000 to $999,999, and 4 points awarded for taxable value creation over $1,000,000. Any improvement resulting in $5,000,000 or more in new taxable value will be recommended for the full 12 year abatement. Additionally, any construction of a new industrial facility will be recommended for the full 12 year abatement. JOB CREATION: Up to 3 additional points can be earned by creating new full time jobs in the City Limits. 1 point will be earned for 10 newly created jobs, 2 points for 11-24 jobs, and the full 3 points for 25+ jobs. Any development creating 100 or more jobs in the first three years will recommended for the full 12 year abatement. RESIDENT HIRING: An additional point will be awarded if the proposed development will commit to employing 10% of its full time staff from within the city limits, and an additional 2 points will be awarded if the proposed development will commit to employing 20% of its full time staff from within the city limits. COMMERCIAL REHABILITATION TAX ABATEMENT (PUBLIC ACT 210) COMMERCIAL REDEVELOPMENT DISTRICT ABATEMENT (PUBLIC ACT 255) OBSOLETE PROPERTY REHABILITATION ACT (PUBLIC ACT 146) TAXABLE VALUE: The City will consider the estimated additional tax base that the development will generate based on plan review, assessor's analysis and permit fees. 1 point awarded for $150,000 to $249,999 in taxable value, 2 points awarded for $250,000 to $499,999, 3 points awarded for $500,000 to $749,999, and 4 points awarded for $750,000 to $999,999, and 5 points for taxable value creation over $1,000,000. Any development creating a taxable value over $5,000,000 will recommended to receive the full abatement. LOCATION: An additional two points will be awarded to a development if it is proposed in one of the City's identified Commercial or Residential Redevelopment Areas (map attached). NEW BUSINESS: An additional point will be awarded if the development is being proposed by a commercial entity or housing developer that has not previously developed in the City of Muskegon. RESIDENT OWNER: An additional two points will be awarded if the proposed business or development is owned or managed by a City of Muskegon resident. 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5TH AN M VALK O KOOI US31 SB AS TL RO PANZL RO OAK O S K Y EA N MAYFAIR PRINCETON POST OA COLUMBIA BONNEVILL E COLUMBIA YARMOUTH Environmental Building Standards Committee Recommendation April 4, 2020 REVIEW Current energy code standards equate to LEED baseline certification. If we want to incentivize construction that meets a higher standard, we can only include stricter or higher level certification. Costs to reach higher levels of LEED certification far outweigh any tax abatement we could offer, and therefore would not result in the incentive we were hoping to provide. LEED construction is 3.3 – 8.5% more than standard construction plus certification fees from $20,000 to $60,000. If we average the value of all the IFT abatements currently within the city, a company can count on about $4,000 per year in reduced taxes paid to the city. If the points awarded to the developer provide another 3 years of abatement, they can expect to save $12,000. That amount does not cover the certification fees, let alone the additional construction costs. Only 6 states have municipalities that offer tax refunds/abatements/credit. The Cincinnati program has been under scrutiny and is being redesigned. Chatham County, Georgia offers full property tax abatement for 5 years, then reduces the abatement by 20% for the next 5 years for any commercial building that reaches gold certification. Current incentives given by a municipality within Michigan only apply to municipal buildings. In other local agencies throughout the country, policies are more related to providing faster permit reviews, a density bonus, or cash toward construction costs. A density bonus would not be applicable in Muskegon at this time since we have so much vacant land ready for construction. Any program that offers cash toward construction would be developed outside the tax incentive policy. Ideas related to faster permit reviews and the possibility of adding certain green practices to our building code such as material conservation, use of recycled material, or a requirement to use LED lights were presented to Public Safety. Environmental Building Standards Review and Recommendation Page 2 We can make a larger impact on the environment (reducing carbon emissions) by using proper planning principles and developing a walkable, bikable, transit friendly city. Reducing the need for and use of cars will provide a significant and lasting impact on the environment. An EPA study entitled “Location Efficiency and Building Type – Boiling It Down to BTUs” compared four factors: drivable versus walkable location; conventional construction versus green building; single-family versus multifamily housing; and conventional versus hybrid automobiles. The study made it clear that none of the factors contributed as much as walkability. It showed specifically how, in drivable locations, transportation energy use consistently tops household energy use, in some cases by more than 2.4 to 1. The most green home in sprawl still loses out to the least green home in a walkable neighborhood. RECOMMENDATION • Approve the tax incentive policy without inclusion of points for green building practices. • Continue to incorporate good planning principles when guiding potential developers and approving site plans. • Work with Safebuilt to develop building code modifications to require material conservation, the use of recycled materials when available, and the inclusion of LED lighting. • Work with Safebuilt to accelerate permit review processes for buildings that are LEED certified. Environmental Building Standards Supporting Data April 4, 2020 Michigan Energy Code • Incorporates the International Energy Conservation Code (IECC) – this is a model code that regulates minimum energy conservation requirements for new buildings. • The Michigan Energy Code is intended to provide flexibility to permit the use of innovative approaches and techniques. LEED (Leadership in Energy Environmental Design program) is a green design mission which promotes design and construction practices with the idea that an increase in energy efficiency will lead to a decrease in expenditure. • Companies pay LEED to critique a building’s green design based off criteria developed by the U.S. Green Building Council (USGBC) and labeling it Certified, Silver, Gold, or Platinum. If the building does not meet the USGBC’s criteria, LEED will deny certification. • USGBC - launched an online data visualization resource that highlights real-time green building data for each state in the U.S. It highlights LEED projects, LEED-credentialed professionals, and USGBC membership in each state. https://www.usgbc.org/resources/state-market-brief • LEED project data below only includes commercial rating systems. USGBC green building data from each state – LEED-credentialed professionals, member organizations and LEED projects. LEED ACHIEVEMENT PROJECTS, 1/7/20 Certified Silver Gold Platinum 638 622 605 NUMBER OF PROJECTS 368 352 287 280 230 174 159 151 132 118 110 109 109 30 27 26 7 MI IL IN OH WI STATE EPA’s Energy STAR program • This program helps to calculate the returns on energy efficiency investments by way of various calculators based on cash flow opportunity, financial value and building upgrade values. Environmental Building Standards Supporting Data Page 2 Energy Vanguard • A diminishing return can take place whereby adding additional energy efficient materials to a structure results in smaller increments of efficiency. • Examples of incentives offered across the U.S. - Financial incentives / Expedited permitting / Property tax reductions or abatements for significant periods of time / Density bonuses / Accelerated building permit processing / Free publicity • The cost to obtain LEED certification can depend upon a variety of factors and expectations. The U.S. Green Building Council (USGBC) indicates the cost to obtain LEED certification can depend on factors/expectations: o Type and size of project / timing of introduction of LEED as a design goal or requirement / level of LEED certification desired / composition and structure of the design and construction teams / the process used to select LEED credits / clarity of the project implementation documents / base case budgeting assumptions • Fees charged by the U.S. Green Building Council to earn LEED are expensive - $20,000 to $60,000. • One of the first LEED cost studies was published in October 2003 by KEMA, an energy consulting company. The total project cost LEED certification premiums identified in the KEMA study continue to be among the most commonly cited: o LEED Certified – 0-2.5 percent o LEED Silver – 0-3.3 percent o LEED Gold – 0.3-5.0 percent o LEED Platinum – 4.5-8.5 percent
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