8:58We have a quorum, so we'll go ahead and call the December IDB meeting to order.
9:07Confirmation of meeting advertisement.
9:12I will the minutes are in our packet, so I will ask for a motion for the minutes.
10:00This is a resolution ratifying the chair's execution of exhibit B work letter agreement to a permanent sanitary sewer easement and temporary construction easement related to the home serve USA Pilot Corp Pilot Project with T Green Edwards and Judy A.
10:12And I'm not sure who all is present here, but uh for this particular item on here, but uh this work letter agreement was uh signed by your chair at the request of the city attorney's office here last week.
10:27We wanted to make sure it was on for ratification today.
10:29The purpose for this work letter agreement was to cut off a uh I guess a uh a liquidated damage claim of fifty-six thousand dollars per day that we were trying to avoid in connection with a contract if there was not an easement that was allowed on this project, and we uh rushed through a temporary construction easement on this project, got it done, cut off and avoided $56,000 in liquidated damages per day.
10:58So that was the issue that was involved, and uh uh the home served folks uh had the um I guess the this particular project that was ongoing in connection with this matter, and this was holding up that that pilot, and that's the reason it came before y'all.
11:12So that's the reason it was involved.
11:16Make a motion we approve the resolution.
11:27Our next agenda item is um E2I2 project, a resolution authorizing the chair to enter into a contract for sale and purchase with the local board of trustees of the Lee Highway Church of God and um, excuse me.
11:47A resolution authorizing the chair to enter into a contract for sale and purchase with the local board of trustees, the Lee Highway Church of God in substantially the form attached for the purchase of the rail property at 7218 Hamilton's acre circle identified as tax map number 139 PC 007.04 and the amount of 580,000 and to execute all documents necessary to consummate the transaction and with closing fees not to exceed 10,000 for a total transactional amount not to see not to exceed 590,000.
12:30Who can speak to that one?
12:33Um this uh particular um project on here uh is a contract for sale and purchase that that will access the property that is in a pilot currently.
12:44Uh this is owned by the Lee Highway Church of God, and it's basically an easement area that would allow us to be able to uh uh get get into this area that is needed for uh I guess the sewer purposes that are in that area.
12:59And Elizabeth, are you here to talk about it at all?
13:06So the purpose of um this purchase, we've been before the board before, it's to provide access to the the Lee Highway property that um the IDB already holds for the E2I2 project.
13:20The existing entrance uses a culvert that is shared with the neighbor and is not um rated to withstand some of these larger vehicles that we need to get in there, and due to the upcoming FEMA changes, we cannot add in a new bridge without causing flooding downstream.
13:40So purchasing this property allows us to have access to that pro to that project in perpetuity with the remaining um parcel that will not be used for um access potentially to be sold later.
13:58It's a triangular shape, so they weren't interested in just an access easement, they wanted to sell the whole parcel.
14:06And once again, the E2I2 project in this area is also another large tank.
14:12It's a 10 million gallon wet weather sewage holding tank.
14:16So whenever it rains and is in a combined system, it would in part go there for treatment later on, it would be held there and then it would go out later on.
14:25That's correct, yes.
14:26Okay, and to clarify this is a permanent easement, not a temporary this is the purchase of that property property, okay.
14:34What about the uh land or landowner right now that's uh the city is sharing what you call it the temporary easement?
14:44Yeah, yeah, is he involved in this purchase he or she?
14:47Um the current city um deeded access to the property is on the 7148 Lee Highway property.
15:00We do not utilize that entrance because we can't get the construction equipment over it.
15:03Um we have a temporary entrance right now, but we can't make that permanent.
15:08This would be the permanent solution to get to that property.
15:12Okay, and eventually this would become property owned by the city after the uh completion of the project.
15:18It's it's in the process right now for the construction project, right?
15:22That's correct, yes.
15:24All right, either the city or the the WW wastewater treatment authority.
15:29It would be the city.
15:33Has the due diligence been done to make sure that this new property is going to be adequate for the vehicles that you need to get accessed into there?
15:41Yes, we have done surveying environmental studies, and um we believe it's sufficient.
15:53Any other questions?
15:54I'll make a motion we approve the resolution.
15:59Moved and second it.
16:05So moving on to other business, we have a couple of discussion items.
16:10The first is the reporting of the TIFF final audit report.
16:29Honor and a pleasure to be here before you.
16:30My name is Winston Brooks, Director of Economic Development and Entrepreneurship.
16:34But I'm gonna give you a little bit of a an overview and then turn it over to Sharita for any uh questions or details she's uh on this uh audit that was done on the tax increment financing.
16:44Um Chris McCullough, the county auditor, uh, did it uh produced a report uh a few months ago, and uh it was an audit of the tax increment financing agreements initiated by the city of Chattanooga and Hamilton County since 2013, conducted by the Hamilton County internal audit and dated uh up until October, as it was dated October 9th, 2025, and it looked at TIFFs from 2013.
17:07Um it concludes that the program is generally achieving its primary goals of encouraging economic development and maintaining adequate internal controls, and the audit also identified some weaknesses that required some attention.
17:20Definings reveal a lack of formal policies with Hamilton County and its industrial development board and a consistent um failure in project oversight, particularly in monitoring financial compliance or compliance with the um the agreements in place.
17:34So some of the summary of the recommendations were to formalize policies and procedures, uh, enforce the compliance, improve financial oversight, and clarify objectives.
17:47And so um to that point, the software that we've uh recently um that this board uh thankfully has approved, so called Civic Serve is tax increment financing software as well as other incentive software that will help us manage the the financial reporting and the compliance aspects of all these things.
18:06So that's uh uh one leap uh giant step towards um helping manage this this project as these um come online and we get more and more several of them out there right now.
18:18So with that, I'll turn it over to Sharita.
18:25Good morning, board.
18:27It's good to see everyone.
18:29I will just walk quickly through this report that was emailed directly to you by the um county auditor.
18:36And so basically, he reviewed all of the existing TIFFs that we have in place.
18:41He covered um sort of when they were put in place, the amount of the TIFF, the amount of the capital investment, there were some recommendations which Winston just went over.
18:52Uh moving forward, we will provide.
18:54We currently provide an annual report to the IDB and the city council.
18:59Uh that typically has been in more of a PowerPoint format where we basically have said here's the development, here's existing capital investment, here's the increment that's coming in.
19:09Moving forward, we will touch on a few other items.
19:12He did ask moving forward that we include in all of our reports sort of the purpose of the TIFF, whether it's meeting its initial sort of goal, why it was put in place, and then add those all of those other items into it from there.
19:25And so he reviewed the process.
19:28Um the recommendations on policy were mainly for Hamilton County and the Industrial Development Board of Hamilton County because they currently do not have TIFF policies.
19:37City of Chattanooga does, as does the current the IDB here.
19:43So they will they will have some policies coming forward.
19:46These are our policies.
19:47At some point, there will be a recommendation to come forward to both the IDB and the city council to modify our policies for transparency purposes.
19:56It's it's this full multi-step process.
20:00We're looking to eliminate some steps moving forward, but again, we will bring recommendations to the before to the board before making those those changes.
20:09And again, it talks a little bit about the objectives of the report, auditors' opinions and findings.
20:22And then just sort of recommendations, oversight, again moving forward.
20:28When we put together a report, uh report to this board, and typically we do it at the end of every fiscal year.
20:35So your next report will be around June of 2026.
20:39And what we'll do is bring forward and incorporate some of the things that he asked for in this particular report.
20:45And so again, this was this was sent to all the members.
20:49We're happy to answer any questions you have about sort of our policies and procedures, and then we will start implementation in January of the new economic development software that this board approved.
21:02Um so we look forward to bringing reports to you out of that new software when we start in 2026.
21:09And that's kind of it.
21:11An overview of that FYI item.
21:13So there's no action that needs to be taken from this this board today on this item.
21:21Tereen, so you're saying uh if you look at page uh page eight, if you would, the second and third bullet points concern me especially.
21:31You're saying the proposal or or what you're planning to do is address those in the spring.
21:37Uh we're currently working to address those now.
21:39And so we are currently in alignment on on all of those things.
21:43That because it's a combined city-county report, there are there are places where because a county doesn't have policies, they're not in alignment.
21:51We do have policies, so we are in alignment.
21:55Okay, so like as far as the conflict that he he uh mentions with the Tennessee code, that's not applicable to us.
22:02That's not applicable.
22:03We are fully compliant with all state laws as it relates to our TIFFs.
22:07And what the third bullet point, um are we satisfactory from your standpoint?
22:14We are that's the enforce annual compliance with certifications from developers.
22:19I will have to look at that particular item.
22:21I'm not sure what certification of developers means.
22:24And so typically what we do is we ask for developer qualifications when they're making application, and that's to determine whether they're capable of actually following through on the TIFF.
22:34And so, as you know, with TIP projects, they are supposed to be shovel ready, and what that means is they get the incentive, they should be ready to go forward.
22:42So they should have the capacity and the qualifications follow through on the project.
22:47So I'll have to figure out what that certification of developers means, but but we do vet developers that are applying for TIFS.
22:56Well, he appears to say from my reading on page seven, there's a couple of recommendations uh towards the bottom.
23:03It basically seems to suggest we're we're deficient in the sense we don't have a delegated individual that's ensuring compliance.
23:11Of course, I know you've got issues with that characterization, but um that seems to be at the heart of what he's claiming.
23:20Um so I guess just you will get can get back to us on that.
23:27Yes, I will definitely do.
23:28And so I'm looking at the recommend recommendation.
23:30It says delegate an individual within the IDB of Chattanooga to review each contract and review financial reports to ensure compliance with agreements.
23:38And so just as a heads up, we do work closely with our finance department, and historically, we have worked with Pinnacle Bank when they have been the financing arm of a project to meet with them on a regular basis to make sure all of the documents are being held, all of the invoices and the drawdowns are being reviewed, all of those kinds of things.
24:01So historically, we have we have done that piece of the project within city staff, and then working with finance on that.
24:10Jareen, let me let me ask one other question if Madam Chairman Woman doesn't mind.
24:15And that is with other industrial development boards in the state of Tennessee.
24:20You correct me if I'm wrong.
24:22I think Nashville and Memphis, the IDBs both or the IDB's equivalent, have employees of the IDB.
24:31Is that something you can envision from your experience with the with the Chattanooga IDB that we need to consider?
24:38I think the IDB should consider having a staffer to oversee project.
24:42If not a staffer, then at the very least, a project manager that's assigned for either TIFFs as a whole or project managers for each of the each of the TIFF projects.
24:54So currently that role is being filled by either city engineer and his team as it relates to the baseball stadium.
25:03It's currently being filled with economic development as it relates to the Tubman project.
25:08It's currently being filled.
25:10Um if there's anything housing related, it's it's our housing team is monitoring housing projects that are following within TIFF district.
25:18So it's kind of scattered right now with everybody kind of overseeing it, recognizing the common threat is always our finance team.
25:25Doesn't does Knox does the Knoxville IDB have employees?
25:29I I do not know the answer to that.
25:31But I do I do know that Nashville and Memphis have have full-time staff.
25:35And I know the like city engineer managed the Enterprise South project.
25:42It goes way back to staffing it out to city staff.
25:47One thing I noted, I think the TCA comments about the county IDB, not necessarily us, but it it's kind of a confusing report because it's it's from the county.
25:57A lot of it's about the county IDB or then some comments are this IDB.
26:03Madam Chairwoman, I do think that's something we need to consider going forward.
26:07Um as far as having one person employed by the IDB that looks at all of these and um takes the lead there.
26:17So anyway, just something we need to consider, I think.
26:20Just need to have enough funding to be able to do that.
26:25And so current currently under each of the TIFFs, there is an administrative fee, and that fee could fund a position.
26:33Um that would oversee TIFS if the IDB wanted to look into that.
26:37And that person would be on your team, I'm assuming or to be determined.
26:42Not sure how that would how that would work.
26:44I would have to ask the city attorney how that the city attorney would say that there are separate corporations involved here, so it would be an employee of this corporation.
26:56But considering the the number of pilots, please where the IDB is holding property, holding title to property under pilots and the TIFFs where the IDB is holding the funds in the TIFF for the TIFF accounts that are set up with the IDB, it's something worth considering moving forward.
27:15I would also argue we can increase the admin fee to cover it.
27:21They'll pay the fees, they want the TIFFs.
27:27Um, how would you like for us to would you like for staff to look into that, make some recommendations the first quarter?
27:32Yeah, that would be great.
27:34I think it would be, yeah.
27:36And did you want me to address the uh the enforcement of the compliance and certificates and thank you again, Winston Brooks?
27:44Um, just wanted to provide a little bit of context around the uh statement about the enforcement of annual compliance.
27:51And so that has a lot to do with going back and looking at the development agreement and making sure that those agreements are being lived up to, and if there's any penalties that need to be um addressed because of something not being done, that would be the time that you would enforce that too.
28:04So just wanted to follow up on that.
28:12Um just making a note here.
28:15So we'll maybe add a discussion item for future early 2026 um information that will come be forthcoming on recommendations.
28:30If you would if if it's okay with the board with the chair, if you could give us until February to come back with something, sounds good.
28:38That would give us time to look into how the other municipalities across the state are handling their staffing, what that staffer's doing, the responsibilities, the reporting, all of those kinds of things.
28:49That gives us a little bit of wig more.
28:53Um one other question on here.
28:55Um just trying to make sure from the page on here, Sharita.
28:59Does that mean that this board doesn't owe as much money to the IDB investor LLC now as we thought we did?
29:10Uh the IDB, and the based upon the TIFF on here.
29:14It looks like it's a reduced amount, at least the beginning balance uh was reduced, and the amount that that is outstanding, at least as of 430 24 on that one page sheet, it's that uh on page nine of the document.
29:29Yes, and so um economic development team, um city finance team, and the county auditor met to discuss what appeared to be a discrepancy.
29:42Yes, uh, that was related to that Black Creek TIFF, and that was that was resolved.
29:48So do we not owe them quite as much more because they've already been paid?
29:54I look uh can we get over to that page nine on there that'll help her.
30:00Yes, I'm on page seven, is that page seven?
30:02Yeah, that's seven there, but if we can go over to page nine, hey Ricky, yeah, all right.
30:10Yeah, that that's what I was looking at because it says uh eight million six nineteen instead of nine million eighty-nine.
30:24I am not able to answer that, only because this is coming from the county auditors report.
30:33Phil, I think the issue the calculations are slightly different for the county and the city, and I think it was an issue on the county's calculation.
30:40I think that's another one of those where that's related to the county, not the city.
30:43But I I'll follow up and make sure, but I'm pretty sure if I'm remembering our meeting with the auditor, that was specific to something within the county's calculation that wasn't being treated correctly.
30:53So eight eight million six is less than nine million and eighty-nine, that's what I was wondering about.
30:57So does that mean that we owe them less money on the TIFF?
31:03We owe them less than we originally did because we have paid some of it over the last 13 years.
31:08Yes, that's what I was thinking.
31:09Yes, that's correct.
31:10That'll be important whenever this goes on, and and hopefully the TIFF amount increases with more development that they have on top.
31:21We're making they've they've hit a hang up up there, but I think we're working through it.
31:24So big houses cost more.
31:31And just real quick, back on the employee conversation.
31:35If I was to do my own research, Knoxville and Memphis are those the two cities we want to know.
31:41Nashville and Memphis.
31:43And Memphis's IDB is called something different, right?
31:48I'm familiar with that.
31:51How many TIFFs do they tip to go through each year?
31:56Oh, I do not know off the top of my head.
31:59We do know, for instance, there are 35, roughly 35 active TIFS that are in Knoxville.
32:06Um, there's a larger number, that's similar number that's in Nashville.
32:11Uh Memphis also has seven different types of TIFFs.
32:15So ours is it only an infrastructure TIFF.
32:18Memphis has there's a grocery store TIFF.
32:21There they're different types of TIFFs that they have based on kind of what communities need.
32:26They're very specialized.
32:29But they have the staff to do that.
32:35But I'm happy to provide that when I come back, just an overview of the different the different IDBs across the state and the types of tools that they have.
32:44And then the associated staffing based on those tools.
32:46I mean, I know Edge is a whole Morgan isn't like a whole company.
32:53I'll I'll do some research myself.
32:58Our next discussion item quarterly project update number two by Wastewater Department and Jacobs Engineering Group, W 20-027-101.
33:11MBEC class A power progressive design bill.
33:20Anybody here discuss that one?
33:23We just lost our wastewater person here just a minute ago.
33:29Do we want to just leave this on here?
33:31I don't know if they're with that project, actually.
33:38Put it on the next agenda.
33:41Specifically for moccasin bend.
33:43If I'm reading these letters and everything right, this is for all the modifications of Mox and Bend.
33:53And the I guess the concern at Mox and Bend is actually being able to make things into pellets with a high intensity heat, and that's the purpose for the pilot understood for that area on here, or at least us having some sort of ownership interest in that property while that goes forward.
34:14And that is a new construction project design going there, but um as far as their timing, I'm not sure how how quickly uh they they need that going here.
34:24We just have a a document that is attached on here that's just uh showing that it's part of the consent decree program, and usually if there are issues that uh uh have to be done within a certain time, they they would let us know.
34:39It looks like the phase one of the projects August the third of 2026, uh and then substantial completion July 3rd, 2029.
34:49So it's off about four or five years.
34:52So um the action there there says upcoming board action request, none planned at this time on that sheet, but um maybe we can go off one month.
35:00consent decree program and usually if there are issues that uh uh have to be done within a certain time they they would let us know it looks like the phase one of the projects august the third of twenty twenty-six uh and then substantial completion july third twenty twenty nine so it's off about four or five years so um uh the action there there says upcoming board action request none planned at this time on that sheet but um maybe we can go off one month yeah put it back on for next time yeah just have it on the next agenda okay anybody have anything else before we adjourn I think so was this also on the last agenda without I I thought I just remembered it being on our last agenda I agree well it was yeah no one was here to speak on it do we know who speaks who would speak on our Kins are kind of wastewater yes Maria will notify Mr.
35:38Hans thank you Maria it must be going good he's busy well if there's nothing else we'll adjourn today's meeting thank you very much and see my don't have a hammer exactly