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Regular Council Meeting <br />November 16, 2015 <br />Page 6 <br />the agreement appeared to have been submitted to PEDC or to the City, although the abatement <br />contract mandated that these documents be sworn to and submitted annually. He also said Gary <br />Vest was the director of the PEDC at that time and it appears that neither he nor any PEDC <br />employee or board member ever requested these documents throughout most of the time of the <br />abatement, but the submission of these forms was in fact a mandatory part of the contract. <br />Council Member Clifford said failure to submit the forms might have completely negated the <br />contract. He said that it was only during the last year that the PEDC attempted to straighten out <br />this problem, when they requested all compliance information under all contracts pertaining to <br />abatements and incentives for a variety of companies. Council Member Clifford also said they <br />requested the compliance information for all the years of the 2006 abatement contract from Paris <br />Warehouse 107 to verify that the company had indeed fulfilled their obligations under the terms <br />of the contract. He said employment figures were submitted for the years of the abatement by <br />Paris Warehouse 107, and all submitted figures pertained to the 2006 abatement agreement and <br />the company attempted to prove that they had indeed satisfied the 2006 contract requirement of <br />158 full -time jobs. He also said the contract clearly specified that only full -time employees <br />were to be counted and that according to the documents submitted by Paris Warehouse 107, it <br />appears they replaced several full -time employees with temporary employees and that appeared <br />to violate the agreement. Council Member Clifford said with counting temporary employees, <br />Paris Warehouse 107 was out of compliance in the year 2012 and according to the contract being <br />out of compliance for even one year could negate the entire abatement agreement resulting in all <br />taxes, interest and penalties being assessed. He also said it was discovered over a year ago that <br />the percentage of taxes abated had been done incorrectly over the entire course of the abatement. <br />He explained that the contract allowed abatement of only 80% of the taxes for the first 3 years <br />and then the percentage of the taxes abated was to have dropped by 16% per year until none of <br />the taxes were abated. He further explained that Lamar County Appraisal District actually <br />abated 100% of the taxes for a full 8 years from 2006 until 2013, and that he requested <br />documents from the Appraisal District that would justify 100% tax abatement for a full 8 years. <br />He said a few documents were submitted, but clearly none of these documents justified granting <br />of the 100% abatement for 8 years, and that about a million dollars in taxes were abated but the <br />Appraisal District doesn't have any documents to explain why they applied 100% abatement <br />over 8 years. <br />Council Member Clifford said according to the application, Paris Warehouse 107 applied <br />for the tax abatement February 28, 2006, and the company stated "we will be building a dock - <br />high enclosed metal building which will be a minimum of 150,000 square feet." He also said the <br />company was required to submit within 30 days of completion of the construction and the failure <br />to do so would have violated the contract and negated the abatement agreement. He explained <br />this certificate of completion was critical to verify that the company had fulfilled its requirements <br />prior a tax abatement being granted. He also said this was so important that the contract required <br />it to be sworn to and included a penalty of perjury. Council Member Clifford said that he had <br />requested a copy of the mandatory sworn statement containing the initial reporting requirements <br />but no one could find it. He said it seemed that the document may have never been submitted; <br />that the PEDC did not appear to have ever requested the document at the time the building was <br />completed, nor did the City of Paris request this mandatory document. Council Member Clifford <br />