August 14, 2019

Boundaries of a Comm. Reinvestment Area/Designating a Housing Officer/Creating a Comm. Reinv. Housing Council/Tax Incentive Review Council

Clermont Sun: 08/22/19 and 08/29/19 

LEGAL NOTICE

RESOLUTION NO. 122-19

The Board of County Commissioners, Clermont County, Ohio met in regular session on the

14th day of August 2019, with the following members present:

David L. Painter, President
Edwin H. Humphrey, Vice-President
Claire B. Corcoran, Member

Mr. Humphrey moved for the adoption of the following Resolution:

RESOLUTION IMPLEMENTING SECTIONS 3735.65 THROUGH 3735.70 OF THE OHIO REVISED CODE, ESTABLISHING AND DESCRIBING THE BOUNDARIES OF COMMUNITY REINVESTMENT AREA 1 IN BATAVIA TOWNSHIP, CLERMONT COUNTY, OHIO, DESIGNATING A HOUSING OFFICER TO ADMINISTER THE PROGRAM, AND CREATING A COMMUNITY REINVESTMENT HOUSING COUNCIL AND A TAX INCENTIVE REVIEW COUNCIL.

WHEREAS, the Board of Commissioners of Clermont County, Ohio (hereinafter “Commissioners”) desires to pursue all reasonable and legitimate incentive measures to assist and encourage development in specific areas of Batavia Township, Clermont County, Ohio that have not enjoyed reinvestment from remodeling or new construction;

WHEREAS, a survey of housing, a copy of which is on file in the office of the Department of Community and Economic Development as required by Ohio Revised Code (ORC) Section 3735.66 has been prepared for the area to be included in the proposed Community Reinvestment Area;

WHEREAS, the construction of new structures in such area would serve to encourage economic stability, maintain real property values, and generate new employment opportunities; and

WHEREAS, the construction of new structures in this Community Reinvestment Area constitutes a public purpose for which real property exemptions may be granted.

NOW THEREFORE, BE IT RESOLVED BY CLERMONT COUNTY, OHIO, THAT:

Section 1: The area designated as the Batavia Township Area 1 Community Reinvestment Area constitutes an area in which housing facilities are located, and in which new construction and repair of existing facilities are discouraged.

Section 2: Pursuant to ORC Section 3735.66, Batavia Township Area 1 Community Reinvestment Area, is hereby established in the following described area:

Parcel Identification Numbers:

022003C062.

022003C034.

022003C035.

022003C036.

The Community Reinvestment Area is approximately depicted as the highlighted area on the map attached to this Resolution (see Exhibit A) and by this reference incorporated herein.

Only commercial and/or residential properties consistent with the applicable zoning regulations within the designated Community Reinvestment Area will be eligible for exemptions under this Program.

Section 3: All properties identified in Exhibit A as being within the designated Community Reinvestment Area are eligible for this incentive. This proposal is a public/private partnership intended to promote and expand conforming uses in the designated area. As part of the project, Batavia Township, Clermont County, Ohio intends to undertake supporting public improvements in the designated area.

Section 4: Within the Community Reinvestment Area, the percentage of the tax exemption on the increase in the assessed valuation resulting from improvements to commercial and residential real property and the term of those exemptions shall be negotiated on a case-by-case basis in advance of construction occurring according to the rules outlined in the ORC Section 3765.67. The results of the negotiation as approved by the Commissioners will be set in writing in a Community Reinvestment Area Agreement as outlined in ORC Section 3735.671, and are subject to the following parameters:

  1. Only projects involving construction exceeding $5,000,000 will be considered.
  2. Up to, and including,       fifteen (15) years, and up to, and including, fifty percent ( 50%) for the construction of new commercial or residential facilities, the term and percentage of which shall be negotiated on a case-by-case basis in advance of construction occurring.
  3. The agreement with the affected property owners shall include a provision that affected property owners, and their successors in interest, shall not seek and shall oppose any annexation of any portion of the property included in Batavia Township Area 1 Community Reinvestment Area.

If new construction qualifies for an exemption, during the period of the exemption the exempted percentage of the structure shall not be considered to be an improvement on the land on which it is located for the purpose of real property taxation.

Section 5: All commercial and residential projects are required to comply with the state application fee requirements of ORC Section 3735.672 (C) and the local annual monitoring fee of one percent of the amount of taxes exempted under the agreement – a minimum of $500 up to a maximum of $2500 annually unless waived.

Section 6: To administer and implement the provisions of this Resolution, the Director of the Clermont County Department of Community and Economic Development is designated as the Housing Officer as described in Sections 3735.65 through 3735.70.

Section 7: That a “Community Reinvestment Area Housing Council” shall be created, consisting of one member appointed by each member of the Board of County Commissioners and two members appointed by the Planning Commission of Clermont County. The majority of the members shall then appoint two additional members who shall be residents within Clermont County. Terms of the members of the Council shall be for three years. An unexpired term resulting from a vacancy in the Council shall be filled in the same manner as the initial appointment was made.

A Tax Incentive Review Council shall be established pursuant to ORC Section 5709.85 and shall consist of three representatives appointed by the Board of County Commissioners, two representatives of Batavia Township, appointed by the Township Board of Trustees, the county auditor or designee and a representative of each affected Board of Education. At least two members must be residents of Batavia Township, Clermont County, Ohio. The Tax Incentive Review Council shall review annually the compliance of all agreements involving the granting of exemptions for commercial or industrial real property improvements under Section 3735.671, of the ORC and make written recommendations to the Commissioners as to continuing, modifying or terminating said agreement based upon the performance of the agreement.

Section 8: The Commissioners reserve the right to re-evaluate the designation of the Batavia Township Area 1 Community Reinvestment Area after December 31, 2019, on an annual basis, at which time the Commissioners may direct the Housing Officer not to accept any new applications for exemptions as described in Section 3735.67 of the ORC.

Section 9: The Community Reinvestment Area Council shall make an annual inspection of the properties within the district for which an exemption has been granted under Section 3735.67 of the ORC. The Community Reinvestment Area Council shall also hear appeals under 3735.70, of the ORC.

Section 10: That this Resolution shall take effect and be enforced from and after the earliest period allowed by law and upon confirmation by the Director of the Ohio Development Services Agency of the findings in this Resolution.

Section 11: The President of the Clermont Board of County Commissioners is hereby directed and authorized to petition the Director of the Ohio Development Services Agency to confirm the findings contained within this Resolution.

Section 12: The Commissioners hereby finds and determines that all formal actions relative to the passage of this Resolution were taken in an open meeting of this Board, that all deliberations of the Commissioners and of its committees, if any, which resulted in formal action were taken in meetings open to the public, in full compliance with the applicable legal requirements, including Section 121.22 of the ORC.

Mrs. Corcoran seconded the Resolution and upon roll call, the vote resulted as follows:

David L. Painter, Yes
Edwin H. Humphrey, Aye
Claire B. Corcoran, Yes

ATTEST:

Sukie Scheetz, Clerk Pro Tem
Board of County Commissioners
Clermont County, Ohio
DATE ADOPTED: 08/14/19

Approved as to Form:
Jason Fountain
Assistant Prosecuting Attorney

 

07/22/19
Date