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HomeMy WebLinkAboutCC-09-04-12-02 Disallowing PHARMAKON Tax Abatement for 2013SPONSOR: Councilor Snyder RESOLUTION CC- 09- 04 -12 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, FINDING PHARMAKON LONG TERM CARE PHARMACY, INC. IS IN SUBSTANTIAL NON - COMPLIANCE WITH ITS FORM SB -1 COMMITMENTS AND DISALLOWING ITS PERSONAL PROPERTY TAX ABATEMENT FOR CALENDAR YEAR 2013 WHEREAS, Pharmakon Long Term Care Pharmacy, Inc. operates a facility located at 801 Congressional Boulevard, in Carmel, Indiana (the "Facility "); and WHEREAS, under I. C. 6- 1.1- 12.1 -2.5 and I.C. 6- 1.2- 12.1 -4.5, the Common Council of the City of Carmel, Indiana (the "Council ") may designate an area as an Economic Revitalization Area ( "ERA ") and determine the duration of the tax abatement period(s) for such property; and WHEREAS, in 2008, Pharmakon Long Term Care Pharmacy, Inc. filed an Indiana Statement of Benefits Personal Property form (the "SB -1 Form ") certifying therein the number of additional employees and their average salaries (the "Commitments ") that would be added at the Facility should it receive a partial personal property tax abatement and relocate its headquarters and distribution center and install certain information technology equipment (the "IT Equipment ") in the Facility; and WHEREAS, in reliance on the Commitments, the Council, through its Resolutions CC- 08- 04 -08 -02 and CC- 08- 18 -08 -02 (individually and collectively, the "2008 Resolutions "), designated the Facility as an ERA and approved a 10 -year partial personal property tax abatement (the "Tax Abatement ") for the IT Equipment; and WHEREAS, in granting Pharmakon Long Term Care Pharmacy, Inc. the Tax Abatement, the Council retained the right to reduce the length of and/or end the Tax Abatement should Pharmakon Long Term Care Pharmacy, Inc. not fulfill its Commitments; and WHEREAS, I.C. 6 -1.1- 12.1- 5.6(b) requires Pharmakon Long Term Care Pharmacy, Inc. to provide the Hamilton County Auditor (the "Auditor ") and the Council with information showing the extent to which it has complied with its SB -1 Form Commitments, by annually filing a Compliance with Statement of Benefits Personal Property form ( "CF -1 Form "); and WHEREAS, by the deadline date of May 15, 2012, Pharmakon Long Term Care Pharmacy, Inc. failed to submit to the Council a CF -1 Form; and WHEREAS, as a result of this non- compliance, the Tax Abatement previously authorized and provided to Pharmakon Long Term Care Pharmacy, Inc. should be disallowed for calendar year 2013. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Tax Abatement previously approved and provided to Pharmakon Long Term Care Pharmacy, Inc. pursuant to the 2008 Resolutions is hereby DISALLOWED for calendar year 2013. Section 3. The Clerk- Treasurer is directed to mail a certified copy of this Resolution to Pharmakon Long Tenn Care Pharmacy, Inc., the County Auditor and the Indiana Department of Local Government Finance. Section 4. This Resolution shall be effective from and after its passage and approval by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana, this 1 day of , 2012, by a vote of `7 ayes and p nays. COMMON COU► IL FOR THE CITY O C • �. K in D. Rider siding 0 Richard L. Sh.rp, Pres dent Pro Tempore preserr - 3n a-iur� Ro Cart nkam ATTE Diana L. Cordray, IAMC, Clerk- asurer Carol Schleif W. Eric Sei /nsticke Lu nyder Presented by me to the Mayor of the City of Carmel, Indiana this 9 day of 2012, at /o : a3 A .M. Diana L. Cordray, IAMC, Clerk - Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this r/ day of ATTEST: 2012, at le.`/S �.M. Diana L. Cordray, IAMC, Clerk -Tre Prepared by: Diana L. Cordray Clerk- Treasurer City of Carmel surer L / . mes Brainard, Mayor COMPLIANCE WITH STATEMENT OF BENEFITS PERSONAL PROPERTY State Form 51765 (5 -04) Prescribed by the Department of Local Government Finance INSTRUCTIONS: 1. Property owners whose Statement of Benefits was approved after June 30, 1991 must file this form with the County Aug itor and the local Designating Body to show the extent to which there has been compliance with the Statement of Benefits. (IC . 1.1- 12.1 -5.6) 2. This form must be filed with Form 322 ERA/PPME or Form 322 ERA/PP Other between March 1 and May 15 of ea year, unless a filing extension under IC 6- 1.1 -3.7 has been granted. A person who obtains a filing extension must file between March 1 and the extended due date of each year. 3. With the approval of the designating body, compliance information for multiple projects may be consolidated . one (1) compliance (CF -1). ASECTIPtia N e of taxpayer h rrNo.lic oyr> Loy-Ng -rterrYr' Coxe Plr‘o•rmacy C. Address of taxpayer (street and number, city, state and ZIP code) AXPAYEWINFORMA710N ''ryfi Name of contact person o elephone number SECTION 2 , i I.00ATiION`A�NIYI ES 1210TION �` � OF,PROPERTY r 41 �” t.. �.+�'A. 1 i ' x ± � �R 'ft .,. ' : i{ .. +..i� +!C��1,' 3t h.,i.:�rr.. Fo-- - .sin .ac sn E...:. twY Name of designating body Resolution number Location of property County NO Taxing district Description of new manufacturing equipment, or new research and development equipme ;p -: information technology equipment, or new logistical distribution equipment to be acquired. / Estimated starting date Estimated completion date Current number of employees -10filoYeEs7MOVAATOW Salaries Number of employees retained Salaries Number of additional employees Salaries 4, wail v cosizSBz1 - :SECTO 4 :,k} COSTIANDVALUES ,' �z a� t r ik `fF.?x .k .. 7 n k 4' } x r ! S,' Estlmated,on SB 1 z ... _ _ .. t�f . ? � t'-��' � !?:- d -�a.� "aka. .` ?`Maiu�factunn Eomri P ,. �'0 T°} • ¢ . c t �}., �r�'�: ment'g� ... Assessed Value , �,_. Rt& D Egwpment ;- -r.. Assessed Value ,es. .i LsogtDitEgwpment? t . +kti* : 5�7 : z a� fir, r•_ •Cosy` :��a<= � '��� w ^7 �g IT Equ pment 1 !yes i _ • "F � VWM': i' .e % Assessed Value - i per t d. Cost F;r`����:a> .� �a5 ;, ,. Cost `� �"� Assessed Value Values before project Plus: Values of proposed project Less: Values of any property being replaced Net values upon completion of project Actual Y �, ,,,# Cost< = „ <;;s i r . _ ° � _.. , �.�..,x � :.s ".:: �s_. U:•d x� Assessed Value .' rti}t`j,, ._ ",.. y ost = :.. Assessed Value n.Mti ,;Cost +; :� u� :s:�? " <� Assessed Value �`=' `,,�.. ? ;= t 4zGos':r: ��� >r: Assessed Value Values before project Plus: Values of proposed project Less: Values of any property bet replaced Net values upon completion of roject NOTE: The COST of the pro erty is confidential pursuant to IC 6 -1.1- 12.1 -5.6 (d). SECTION" 5 WPaTE1664ERTE04151OTWERtr 04.01tTSrPROMISED BY +TAXPAYER` {� AsEsfimated on Actual " rt ,THE Amount of solid aste converted r Amount of ha : rdous waste converted Other bene s: Si. ature of authorized representative I hereby certify that the representations in this statement are true. Title Date signed (mo., day, yr.) USES OF E1DESIGNATINGGBO INSTRUCTIONS: (IC 6- 1.1- 12.1 -5.9) 1. Within forty -five (45) days after receipt of this form, the designating body may determine whether or not the property owner has substantially complied with the Statement of Benefits. 2. If the property owner is found NOT to be in substantial compliance, the designating body shall send the property owner written notice. The notice must include the reasons for the determination and the date, time and place of a hearing to be conducted by the designating body. If a notice is mailed to a property owner for new manufacturing equipment and / or research and development equipment and /or logistical distribution equipment and /or information technology equipment, a copy of the written notice shall be sent to the Department of Local Government Finance. 3. Based on the information presented at the hearing, the designating body shall determine whether or not the property owner has made reasonable effort to substantially comply with the Statement of Benefits. 4. If the designating body determines that the property owner has NOT made reasonable effort to comply, then the designating body shall adopt a resolution terminating the deduction. The designating body shall immediately mail a certified copy of the resolution to: (1) the property owner; (2) the County Auditor; and (3) the Department of Local Government Finance. We have reviewed the CF -1 and find that: compliance compliance 1 the property owner IS in substantial the property owner IS NOT in substantial ❑ other (specify) Reasons for the determination (attach additional sheets if necessary) t D 2� 21rCEt ip T� 5 e� a. -o c�lf�ed 1 e_ ---E -e f C s e n-- Cz-RT' , l ru (A) • Signature of authori m r b Date signed (month, day, year) Attested Designating body Cpmrnpr C ©uYIC'‘ \ If the property owner is found not to be in substantial compliance, the property owner shall receive the opportunity for a hearing. The following date and time has been set ast ..e for the purpose of considering compliance. Time of hearing Date of hearing '23 1 % t 1 Z Location of hearing Cf Met :4y t+ak1 , eau. c us Room , 9. r a FI OD r .5: 3 0 1 AM PM Y "� P -� .:..i,.:r xv r � � n...a m 3 3i v:.n EARING1RESULT^S(to' befcompletedSaft4*- 16*1%).g)'I ❑ Approved Denied (see instruction 4 above) Reasons for the determination (attach additional sheets if necessary) See_ 0..v- r eJ Coro, rn o,n C-40- r c\ F' ; c e C©■orrr.■ �--4 ee m'sr� -�� 5 C Es) Signature of authorized Attested by: Date signed (month, day, year) 6,i2(<2.1 Designating body Corn ■-•ll 0 Y' c_o c_. -'APPEAL RIGHTS [IC 6 -1.1- 12.1- 5.9(e)) A property owner whose deduction is denied by the designating body may appeal the designating body's decision by filing a complaint in the office of the Circuit or Superior Court together with a bond conditioned to pay the costs of the appeal if the appeal is determined against the property owner. August 1, 2012 C Carmel Common Council Pharmakon Long Term Care Pharmacy, Inc. ATTN: Paul Elmer 801 Congressional Boulevard, Suite 200 Carmel, IN 46032 RE: City of Carmel Tax Abatement Mr. Elmer, The City of Carmel offered a tax abatement for Pharmakon Long Term Care Pharmacy, Inc. A requirement of continuing abatement of taxes was the annual filing of a CF -1 report as to compliance. This report was due May 15, 2012. As it is now the end of July and that report has not yet been received nor has any attempt been made to contact the City of Carmel about this issue. Therefore, according to law, a hearing will be held at the Carmel City Council Finance, Administration and Rules Committee meeting on Thursday, August 16, 2012 at 5:30 p.m. in the Caucus Room, second floor, Carmel City Hall. The purpose of this hearing will be for Pharmakon to offer an explanation for the non - compliance and for a determination to be made whether or not the abatement will be suspended or rescinded. If you have any questions, please do not hesitate to contact me at lsnyder ,carrrrel.in.gov. Sincerely, �.�, ii Luci Snyder City Council — Southeast District Finance Chair cc: Katie Culp, Cassidy Turley James Brainard, Mayor Richard L. Sharp, President, Carmel City Council Robin Echart, Hamilton County Assessor Pattie Clifford, Clay Township Assessors Office One Civic Square Carmel, IN 46032 317- 571 -2400 END C'OOMMPLE E THIS SEC ON o Complete items 1',.2,.and'3. Also complete item 4 if Restricted Delivery is desired. Ed Print your name. and address. on the reverse so that we can return the card to .you: In Attach this card to the back of the.mailpiece, or. on the front if space permits. 1. Article Addressed to: Phc r'h'rcxkv1'1. j e rm CA;Aire I3k► it 111 ,6c:f , . =NC • Arrly: PctAxi £I vier ,PSs #�n��i' 13iuc{,t 0 rr " f , (33 = COMPLETEITHISrSECTION A. S pature ONIDELIVERY • t -Addressee eceivedbyA(Pdhfed Name) C Bate Delivery D. Is delivery address;differentfrom item1? ❑ Yes -iIf'YES, enter delivery address below: •❑ No 3. ��vi�Se,rvice Type Lid'Certified Mail 0' Registered ❑ 'Insured Mail ❑ Express Mail. I Return, Receiptfor Merchandise •❑; C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number • (Transfer from service lade j'. 01� 2 • 051 11 00004 2144'8 1491 PS�Florri? :381 11 February12004 ; j Domestic Return Receipt r-a 0' r-9 Postage $ .y S 102595 -02 -M -1540 CARMEL COMMON COUNCIL FINANCE COMMITTEE August 16, 2012 — 5:30 pm — Second Floor Caucus Luci Snyder -Chair Eric Seidensticker Carol Schleif Sue Finkam Ron Carter Kevin Rider Rick Sharp Loren Matthes Caroline Anker Bruce Donaldson Bill Hammer Jeff Worrell Jim Higgins 1. Tax Abatement Hearing for: Dormir Pharmakon Neither of these companies filed their CF -1, due May 15th. City Council revoked their tax abatements June 4, 2012 We notified them via Certified Letter - signature required of a hearing to plead their case. Neither Dormir nor Pharmakon appeared for the hearing and the committee upheld the Council action of 6/4/12 2. D- 2095 -12 Deferred Compensation Committee awaits the final RFP from American Pension Advisors 3. D- 2098 -12 Support for the Arts a. Awaiting a contract between the PAC and the CRC, for the James Building b. Discussion with the Mayor about defunding the surplus in the various departments to cover these grants. 4. CC- 07- 16 -12 -02 Resolution to authorized access to LOC for two sets of stairs in City Center As the Committee indicated that it would not approve funds to be used from the LOC to build the stairs, and Mr. Higgins stated that they could build one set from cash on hand, Mr. Carter indicated that he would withdraw this Resolution at Council.