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04-25-2003 (WEDC) Minutes Minutes WYLIE ECONOMIC DEVELOPMENT CORPORATION April 25, 2003 Board Members Present Gary Bowland Marvin Fuller Kevin St. John(arrived at 7:10 a.m.) John Yeager Merrill Young Staff Present Samuel Satterwhite, Executive Director With notice of the meeting posted in time and manner required by law and a quorum of Board members present, the Board of Directors of the Wylie Economic Development Corporation (WEDC) met in Regular Session on April 25, 2003 in the Conference Room of Woodbridge Golf Club located at 7400 Country Club Drive, Wylie, Texas. The meeting was called to order by President John Yeager at 7:00 a.m. ITEM NO. 1 — Consider and Act Upon Approval of Minutes for the March 18, 2003, Regular Board of Directors Meeting of the Wylie Economic Development Corporation. MOTION: A motion was made by Marvin Fuller and seconded by Gary Bowland to approve the minutes for the March 18, 2003, Regular Board of Directors Meeting of the Wylie Economic Development Corporation. The WEDC Board of Directors voted 4 — FOR and 0 — AGAINST in favor of the motion. ITEM NO. 2 — Consider and Act Upon Approval of the March, 2003 Treasurer's Report for the Wylie Economic Development Corporation. MOTION: A motion was made by Merrill Young and seconded by Gary Bowland to approve the March, 2003 Treasurer's Report for the Wylie Economic Development Corporation. The WEDC Board of Directors voted 4—FOR and 0—AGAINST in favor of the motion. ITEM NO. 3 — Consider and Act Upon Issues Surrounding a Loan Agreement Between Carlisle Coatings & Waterproofing,Inc. and the WEDC. Staff indicated that Carlisle is not in default as defined by the Loan Agreement between Carlisle Coatings & Waterproofing and the WEDC. Therefore, the WEDC Board of Directors is required to forgive Payment 1 associated with the sale of land upon which Carlisle is located and WEDC —Minutes April 25, 2003 Page 2 furthermore is required to forgive the first advance under Note 2. Staff also indicated that the second advance associated with Note 2 was delivered to Carlisle resulting in a decrease in incentives payable to Carlisle over the next three years to $150,000. MOTION: A motion was made by Marvin Fuller and seconded by Merrill Young to forgive Payment 1 ($116,667) in regard to Note 1 and forgive the first advance ($50,000) in regard to Note 2 as required by the Loan Agreement between the WEDC and Carlisle Coatings & Waterproofing. The WEDC Board of Directors voted 5 — FOR and 0 — AGAINST in favor of the motion. ITEM NO. 4 — Consider and Act Upon Issues Surrounding the Development of WEDC Property Located at 404 S. Highway 78. Staff updated the WEDC Board of Directors on matters relating to the completion of demolition work at the WEDC 5-acre tract, dealings with the Staubach Company, and restaurant development on the WEDC site. With no recommendation or motion required, the WEDC Board of Directors proceeded to Item No. 5. ITEM NO. 5 — Consider and Act Upon Issues Surrounding Refinancing a Note with American National Bank — Wylie Secured by WEDC Property located at 404 S. Highway 78. Having gone out to bid for the refinance of a $1.13 million WEDC note, Inwood National Bank and American National Bank responded to the request for proposal. Inwood offered a floating rate, adjusted daily to the Bank of America Prime rate with a floor of 4.25% and a ceiling of 6.25% based upon a 20-year amortization. Of the three options provided by American National, the modification of the existing note (Option 3) for 20 months fixed at 3.75%, then adjusted annually for 60 months at 200 basis points over the Federal Home Loan Bank one year note, was the most competitive option. Staff recommended that the WEDC Board of Directors authorize President Yeager to execute all necessary documentation necessary to modify the existing note with American National Bank — Wylie as per the above terms. Board Member Fuller chose to abstain from the vote based upon his employment with Inwood National Bank. MOTION: A motion was made by Kevin St. John and seconded by Gary Bowland authorizing President Yeager to execute all documentation necessary to modify an existing note with American National Bank — Wylie as per Option 3 as detailed in the ANB Term Sheet. The WEDC Board of Directors voted 4—FOR and 0—AGAINST in favor of the motion. WEDC—Minutes April 25, 2003 Page 3 ITEM NO. 6 — Consider and Act Upon Issues Surrounding an Incentive Package Between the WEDC and Auto Soft Technical Services. Staff informed the Board that the second and final installment of $2,500 is due and payable to Auto Soft Technical Services based upon an incentive agreement between the WEDC and Auto Soft. MOTION: A motion was made by Gary Bowland and seconded by Merrill Young to approve the payment of $2,500 to Auto Soft Technical Services. The WEDC Board of Directors voted 5 — FOR and 0 — AGAINST in favor of the motion. ITEM NO. 7—Consider and Act Upon Issues Surrounding a Loan Agreement Between the WEDC and Hoffman Blastroom Equipment,Inc. Staff informed the WEDC Board of Directors that Hoffman Blastroom Equipment has filed for Chapter 11 bankruptcy. Staff commented to the Board that the intent of the Loan Agreement had been all but met being that two quality facilities have been constructed. Board Member Fuller commented that while that may be true, a detailed accounting of the Hoffman project should be presented to the Board for full review. No recommendation was made by staff requiring a motion or action by the Board. ITEM NO. 8—Executive Session. The WEDC Board of Directors entered into Executive Session at 7:50 a.m. to discuss personnel matters (evaluation of Executive Director) as authorized in the Local Government Code, Section 551.074. ITEM NO. 9—Reconvene from Executive Session. The WEDC Board of Directors reconvened from Executive Session at 8:15 a.m. President Yeager indicated that the performance of the Executive Director warranted a salary increase resulting in the following motion. MOTION: A motion was made by Merrill Young and seconded by Marvin Fuller to raise the base salary of the WEDC Executive Director by 8% effective April 28, 2003. The WEDC Board of Directors voted 5 — FOR and 0 — AGAINST in favor of the motion. WEDC—Minutes April 25, 2003 Page 4 ITEM NO. 10—Staff Update of Retail/Commercial Projects Impacting the City of Wylie. Staff updated the WEDC Board of Directors on the construction of Alanis, Home Depot, Wal Mart, Bank of America, and Wendy's. ITEM NO. 11 —Citizen Participation. There being no citizen participation, President Yeager proceeded to Item No. 12. ITEM NO. 12—Adjourn. There being no further business, the meeting was adjourned at 8:15 a.m. ohn Y ger,President Attest: • Samuel D.R. Satterwhite Executive Director