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07-20-2006 (WEDC) Minutes Minutes Wylie Economic Development Corporation Board of Directors Meeting Thursday, July 20, 2006—6:00 P.M. Inwood National Bank—Conference Room 200 South Hwy. 78 —Wylie,Texas CALL TO ORDER Announce the presence of a Quorum. President Fuller called the meeting to order at 6:00 p.m. Board Members present were: Gary Bartow, Mitch Herzog, and Merrill Young. Staff present was Executive Director Sam Satterwhite and Administrative Assistant Gerry Harris. Also present was Mayor John Mondy. Board Member Yeager and Ex-Officio Member/City Manager Roath were not present. CITIZEN PARTICIPATION There being no citizen participation, President Fuller proceeded to Action Items. ACTION ITEMS ITEM NO. 1 —Consider and Act Upon Approval of the June 22, 2006 Minutes of the WEDC Board of Directors Meeting. In reviewing the June 22nd WEDC Minutes, President Fuller noted that the quarterly interest earnings had not been recorded to date. Staff was instructed to contact the Finance Department to request interest earnings be recorded monthly. The Board also discussed the potential need of hiring the City of Wylie auditor to rectify the outstanding issues within the WEDC Balance Sheet. MOTION: A motion was made by Merrill Young and seconded by Gary Bartow to approve the June 22, 2006 Minutes of the WEDC Board of Directors Meeting. The WEDC Board voted 4 — FOR and 0 — AGAINST in favor of the motion. ITEM NO. 2 — Consider and Act Upon Approval of the June 2006 WEDC Treasurer's Report. Staff indicated that the WEDC Balance Sheet should be complete by August 16, 2006. President Fuller also requested that staff clarify the status of$18,364 within the Balance Sheet identified as AP Pending. WEDC—Minutes July 20, 2006 Page 2 of 10 MOTION: A motion was made by Merrill Young and seconded by Mitch Herzog to table the June 2006 Treasurer's Report. The WEDC Board voted 4—FOR and 0—AGAINST in favor of the motion. ITEM NO. 3 — Consider and Act Upon Issues surrounding WEDC Advertising in the Wylie Connection Magazine. Staff presented an opportunity for the WEDC to advertise in a new promotional tool being implemented by the Wylie Chamber of Commerce. The Chamber will be publishing a bi-monthly magazine entitled the Wylie connection to be distributed to over 20,000 homes in the Wylie, Sachse, and Murphy communities. Staff represented that the Wylie Connection is a good opportunity to promote the WEDC locally. The Board instructed staff to place a signed contract within the promotional expenditures file in addition to the invoice. The Board also suggested that staff submit an article to appear in the magazine which would inform the public of the functions of the WEDC. MOTION: A motion was made by Gary Bartow and seconded by Mitch Herzog authorizing the Executive Director to enter into a contract with the Wylie Chamber of Commerce for $3,985 to advertise in the Wylie Connection Magazine. The WEDC Board voted 4 — FOR and 0 — AGAINST in favor of the motion. ITEM NO. 4 — Consider and Act Upon Issues surrounding a Real Estate Contract Between the WEDC and Roy N. Perry, Dorris J. Perry, and Randall A. Perry. While a previously approved purchase price of$195,000 was authorized at the May 25, 2006 Board meeting, staff had been authorized to negotiate the Perry contract up to $200,000. Staff presented an executed Real Estate Contract to the Board with a purchase price of$200,000. MOTION: A motion was made by Mitch Herzog and seconded by Gary Bartow to ratify the Real Estate Contract between Roy N. Perry, Dorris J. Perry, and Randall A. Perry. The WEDC Board voted 4 FOR— and 0 - AGAINST in favor of the motion. ITEM NO. 5 — Consider and Act Upon Issues Surrounding a Lease and Performance Agreement Between the WEDC and Almost Home. Staff presented a draft Commercial Lease between Almost Home and the WEDC. The terms presented establish not only the terms of the lease, but terms of a potential cash incentive of$18,000 toward the construction of a 5,000 square foot facility to house the future operations of Almost Home (Lessee). The initial term of the lease is 36 months. Should Lessee demonstrate that it has purchased property either by a Warranty Deed or WEDC—Minutes July 20, 2006 Page 3 of 10 other evidence acceptable to the WEDC; the lease will be extended by 12 additional months. At the end of the 12 additional months, should Lessee construct a minimum 5,000 square foot facility with cumulative real and personal property investment values of $350,000, the WEDC will provide a maximum cash incentive of$18,000 ($500 per month for the initial 36-month period). Should Lessee not meet the Incentive Requirements outlined in Article 3.1, the lease will revert to a month to month lease and the WEDC obligation to fund the cash incentive expires. Staff also presented to the Board that the existing air conditioning system was inspected by a local air conditioning company which identified that the system will not perform to even a minimum level of acceptance through the end of the summer. A quote from the local company identified that replacing the unit is estimated at $4,128. President Fuller commented that while the presented lease is "as-is", the WEDC should initially present the property to Almost Home with the basic services in good working order. MOTION: A motion was made by Merrill Young and seconded by Gary Bartow to execute a Commercial Lease between the WEDC and Almost Home further authorizing the Executive Director to expend up to $4,128 to replace the existing air conditioning system. The WEDC Board voted 4 FOR — and 0 AGAINST in favor of the motion. Following the approval of the lease, Board member Herzog commented that should redevelopment of the Hughes tract be accelerated and the WEDC desires to sell the tract to a third party, the WEDC will be committed to a lease of 36 months. Staff agreed and commented that it is unlikely that the area will redevelop within the next 24 months based upon the on-going operations of B.E.&H. and Mann Made, Inc. President Fuller suggested a 24-month lease with a termination clause providing 6 months notice is given. Therefore, should the WEDC determine in the next 18 months that the existing facilities need to be removed for redevelopment efforts, notice can be given and the lease be terminated after 24 months. The WEDC Executive Director was directed to execute a lease with Almost Home with the following provision: • The WEDC requires 24-hour access to the outbuilding on the northern tract; • A lease term of 24 months with automatic 6-month extension if no notice is given; • The Lease may be terminated by either party should a 6-month notice be given; • Should the WEDC terminate the lease prior to the 36-month period described within Section 3.1, Almost Home will still qualify for the maximum incentive of $18,000 should the terms of Section 3.3 be met; and WEDC—Minutes July 20, 2006 Page 4 of 10 • An annual escalator be included within the Lease providing for an increase in property taxes payable by the WEDC. MOTION: A friendly amendment was made by Merrill Young and seconded by Gary Bartow modifying the lease term to 24 months, providing an escalator for tax increases, 6-month notice to terminate, and providing for the qualification for up to $18,000 in incentives should the lease terminate in 24 months. The WEDC Board voted 4 FOR— and 0—AGAINST in favor of the friendly amendment. ITEM NO. 6 — Consider and Act Upon Issues Surrounding a Lease Between the WEDC and Foam Construction, Inc. The WEDC will close on the Hughes tract on Industrial Court on July 25, 2006. Delta-E Foam is currently leasing 211 A Industrial Court with no formal lease in place. Delta-E has been contacted and informed that the WEDC will require a written lease as of July 25h. Staff was instructed to execute a commercial lease with a lease rate of $2,000 a month until January 1, 2007, at which time the rate would increase to $2,600. The lease term will b month-to-month and be"as-is". MOTION: A motion was made by Gary Bartow and seconded by Merrill Young to execute a Commercial Lease between the WEDC and Delta-E. The WEDC Board voted 4 FOR — and 0 — AGAINST in favor or the motion. ITEM NO. 7 — Consider and Act Upon Issues Surrounding a Letter of Intent Between the WEDC and JTM Technologies. MOTION: A motion was made by Merrill Young and seconded by Gary Bartow to table consideration of a Letter of Intent between the WEDC and JTM Technologies. The WEDC Board voted 4 FOR — and 0—AGAINST in favor of the motion. ITEM NO. 8 — Consider and Act Upon Issues surrounding Development of WEDC Property Located on Martinez Lane. Staff presented an estimate from TXU Electric to relocate overhead electric lines for $59,957. As discussed when purchasing the property, the lines should be relocated creating approximately 2.5 acres of developable property. Staff is still awaiting a response from Mike Boyd with Nathan Myers to make a determination as to the location of the flood plane. Staff reminded the Board that the location of the flood plane is an estimate provided by FEMA. Should the flood plane actually be located farther west. The need to relocate the lines will be diminished. TXU proposes to locate the lines to the east to a location which will not hinder development. WEDC—Minutes July 20, 2006 Page 5 of 10 Staff provided estimates from Helmberger Associates pertaining to the water and sewer improvements on Martinez Lane. Should the WEDC choose to pave the entire section from State Highway 78 to Alanis, the estimated cost is $506,072. Should the WEDC choose to improve the section from the WEDC property line to Alanis, the estimated cost is $346,660. Staff indicated that a portion of the section fronting Holland Hitch from State Highway 78 to the WEDC property line is made up of 50' of patched and deteriorated concrete. The balance of the section narrows to a 30' wide asphalt road as is the remaining 1,200' to Alanis. Staff recommended that the Board consider funding the entire 1,800' section of Martinez The benefit is obviously the enhancement to the WEDC 25-acre tract. The WEDC is already approved to borrow up to $366,000 for improvements to Martinez. Staff further represented that the City of Wylie has ±$50,000 in escrow for perimeter street fees leaving a remaining unfunded amount of$90,072. The Board instructed staff to provide a cost benefit analysis related to future value of the WEDC property at build-out compared to land and improvement costs. The Board further instructed staff to pursue participation from Holland Hitch for the improvements fronting their site. Staff provided that Holland has already indicated they believed that improvements to the street fronting their site should be the responsibility of the City of Wylie. President Fuller instructed staff to continue pursuing their participation. MOTION: A motion was made by Mitch Herzog and seconded by Gary Bartow to table the issue until more information could be obtained by Staff. The WEDC Board voted 4 FOR— and 0—AGAINST in favor of the motion. ITEM NO. 9—Consider and Act Upon Issues Surrounding an Incentive Agreement Between the WEDC and Extruders division of Atrium Companies. Staff presented that the WEDC entered into an Incentive Agreement with Extruders division of Atrium Companies on July 27th 2005. The package was partially comprised of an $80,000 grant for construction of the expanded facility and purchase of a new paint line. The balance of the package totals $150,000 over the next three years should extruders maintain total employment of 480 individuals each year and submit to the Collin County Central Appraisal District a combined fair market value for real and personal property of$26,248,935. The minimum appraised value was established by combining the existing real property valuation of $9,815,768 and the personal property valuation of $13,133,167. These figures were ascertained from the Appraisal District as of July 12, 2005. Combining these figures with commitments to add $600,000 in real property improvements and $2,700,000 in personal property improvements resulted in a combined minimum valuation (benchmark) of $26,248,935. Staff provided that erroneous figures were WEDC—Minutes July 20, 2006 Page 6 of 10 utilized to establish the $26 million benchmark. While the data was gathered in July 2005, unbeknownst to staff and Extruders, the outsourcing firm handling Extruders taxes was able to lower their 2005 taxable valuation to $8,288,878 for real property and to $11,615,340 for personal property, thus inflating the benchmark by$3,044,717. Staff recommended that the valuation benchmark should be lowered to reflect those actual values upon which taxes were paid for the 2005 tax year being that their inaccuracy severely hampers Extruders ability to receive their remaining three payments of $50,000. Staff claimed that intent of the Agreement was for Extruders to add $600,000 and $2,700,000 respectively. An inflated benchmark takes away from the intent of the Agreement. The data which must remain constant is the employment figures and the commitment to increased property values by$3.3 million. Board members Bartow and Young commented that Extruders provided the WEDC with the benchmark data and reviewed the Incentive Agreement prior to executing the same. The aggressive accounting practices of Extruders should not lessen their commitments. Staff countered by stating that faulty data has led to consideration of this issue. Board member Fuller suggested that the WEDC wait to see the final valuation figures from the Collin County Central Appraisal District prior to further consideration. MOTION: A motion was made by Gary Bartow and seconded by Mitch Herzog to table consideration surrounding an amendment to the Incentive Agreement between the WEDC and Extruders division of Atrium Companies. The WEDC Board voted 4 — FOR and 0 — AGAINST in favor of the motion. ITEM NO. 10—Consider and Act Upon Issues Surrounding Sawtech Corporation. Staff indicated that the WEDC was contacted by a representative of Sawtech Corporation inquiring as to the potential for economic assistance in the relocation of Sawtech from a leased facility in Garland to Wylie. Sawtech currently occupies 3,500 square feet and is considering constructing an 8,000 square foot facility at 2805 Capital Street within Regency Business Park. Staff reported that Sawtech has been in business since 1995 and currently has 8 employees. Sawtech is a precision dicing company that provides precision dicing for the electronic and semiconductor industry. Land costs have been identified at $100,000. Estimated construction costs are $550,000 with Sawtech having a minimum personal property value of$500,000. Utilizing $500,000 in personal property as a conservative benchmark and based upon the most recent purchase of$300,000 in equipment, personal property will most likely be valued at $800,000 - $1,000,000. Sawtech sales for the year ended 2005 were$797,882. WEDC—Minutes July 20, 2006 „ Page 7 of 10 Staff proposed that the WEDC present to Sawtech a Letter of Intent with a value of $75,600 payable over a 3 year period based upon the issuance of a certificate of occupancy and a Year 2 & 3 valuation of no less than $1,050,000 exclusive of preexisting land costs. Legal documents can be created and approved following confirmation of financing and execution of a Letter of Intent. President Fuller indicated that this project presents no risk to the WEDC because the concept presented by staff is performance based prior to any funds being expended by the WEDC. Mayor Mondy inquired as to whether this type of company is a good fit within Regency based upon the proposed sports complex. President Fuller responded that this project is to be located among several newly constructed facilities on Capital Street. Furthermore, Capital is one street north of the boundary of the proposed sports complex. MOTION: A motion was made by Gary Bartow and seconded by Mitch Herzog authorizing the WEDC Executive Director to enter into a Letter of Intent with Sawtech Corporation. The WEDC Board voted—4 FOR and 0—AGAINST in favor of the motion. President Fuller chose to enter into Executive Session prior to consideration of Item No. XI. ITEM NO. 11 — Consider and Act Upon Issues Surrounding the WEDC FY 2006 — 2007 Budget. Based upon feedback from the previous budget presentation, staff presented an amended FY 2006 — 2007 WEDC Budget. The budget is based upon $1,136,130 in sales tax revenue, a beginning fund balance of$555,233, interest earnings of$22,500 and rental income of$63,840. Expenses are budgeted equal to projected revenues at $1,777,703. Of the total expenditures being presented, 71% of funds are budgeted for direct business incentives and expenditures supporting business development programs (i.e. demolition/excavation, incentives, debt service, engineering, land, capital outlay, and infrastructure). Personnel services are budgeted at $206,351. The primary change to this budget category is the inclusion of a full-time administrative assistant. Ms. Harris is currently classified as a Secretary I according to the City of Wylie as per the matching job duties within the job classification profile. A Secretary I performs clerical and administrative duties in conjunction with a second administrative assistant within a department. The current Salary for a Secretary I is $28,132. The job classification which more accurately matches the current duties of Ms. Harris is an Administrative Secretary which performs the job functions with no additional clerical assistance. Staff is proposed the reclassification of Ms. Harris to an Administrative Secretary effective 10-1-06. The salary range for an Administrative Secretary is $32,182 - $37,398. Staff proposes starting the position out at $32,182. WEDC—Minutes July 20, 2006 Page 8 of 10 Within special services, staff has budgeted $65,000 for strategic planning services. With the response to the RFP for strategic planning services due on August 4th, the WEDC will have a more accurate figure to include in the budget. Staff presented that the City Manager commented that the City is willing to consider participating monetarily in the study based upon the inclusion of a retail component. Staff maintained its position of 100% WEDC funding. Also within special services, staff has budgeted $18,300 for demolition/excavation. This amount represents funds necessary to remove facilities from the Ferrell and Perry properties should the Board chose to take that route. Of the $554,683 budgeted for incentives, $416,649 is set aside for unidentified projects. Debt service is budgeted at $294,249 with the recommendation of incurring pre approved debt in the amount of $366,000 for infrastructure improvements on Martinez. Within advertising, $20,000 has been identified for promotional materials. Staff presented that the development of promotional materials is one of the top priorities of WEDC staff following the relocation of WEDC offices. Board member Bartow agreed with staff. Staff also proposed $60,000 for the relocation of overhead lines on Martinez and $90,072 to fund 100% of the Martinez expansion The Board directed staff to make the following changes: 1. Increase the Executive Directors salary by$4,800; 2. Increase Special Services (demolition) by $9,150 in the event a third demolition project presents itself; 3. Increase Special Services (misc.)by$5,000; 4. Increase Advertising(misc.)by$4,000; 5. Establish an "Allies Day" in which the entire business community is brought together to promote services offered by the WEDC, potential new business enterprises, and a thank you to the businesses that continue to support Wylie. Additionally, the brokerage community and business support services industry will also be encouraged to attend. The Board allocated $8,000 for Allies Day; 6. Within Community Development, the Board added $12,000 specifically for sporting events. The Board believed that it is important to entertain qualified prospects in a manner deserving of a top decision maker in a company; 7. Within Travel &Training, the Board increased Prospect Recruitment by$4,000; 8. Within Engineering — Architect, the Board increased miscellaneous engineering by$4,750; and 9. The Board increased Furniture & Fixtures by $5,000 to allow for adequate funding to establish a first-class office environment. WEDC—Minutes July 20, 2006 Page 9 of 10 MOTION: A motion was made by Gary Bartow and seconded by Mitch Herzog to approve the WEDC FY 2006 — 2007 Budget as amended. The WEDC Board voted—4 FOR and 0—AGAINST in favor of the motion. EXECUTIVE SESSION The WEDC Board of Directors convened into Executive Session at 8:10 p.m. Board member Herzog identified a conflict of interest surrounding Item No. 1 and chose to remove himself from the meeting. ITEM NO. 1 — Convene into Executive Session to Hold Deliberations Regarding Real Property (Purchase of Real Property by the WEDC Located Near the Intersection of F.M. 544 and F.M. 1378) as Authorized in Section 551.072 of the Local Government Code, Vernon's Texas code Annotated (Open Meeting Act). Mitch Herzog stepped out of the meeting. ITEM NO. 2 — Convene into Executive Session to Hold Deliberations Regarding Real Property (Purchase of Real Property by the WEDC Located on Cooper Drive) as Authorized in Section 551.072 of the Local Government code, Vernon's Texas Code Annotated (Open Meeting Act). Mayor Mondy stepped out of the meeting. ITEM NO. 3 — Convene into Executive Session to Hold Deliberations Regarding Real Property (Letter of Intent from Crossroads Management, Inc. to Purchase the Ferrell Site) as Authorized in Section 551.072 of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). ITEM NO. 4 — Convene into Executive Session to Hold Deliberations Regarding Personnel Matters (Evaluation of the Executive Director) as Authorized in Section 551.074 of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). RECONVENE INTO OPEN MEETING The WEDC Board of Directors reconvened into open session at 9:31 p.m. MOTION: A motion was made by Merrill Young and seconded by Gary Bartow declining the offer from Crossroads Management to purchase WEDC property located near the intersection of F.M. 544 and Regency Drive. The WEDC Board voted — 4 FOR and 0 — AGAINST in favor of the motion. WEDC—Minutes July 20, 2006 Page 10 of 10 ADJOURNMENT With no further business, President Fuller adjourned the WEDC Board meeting at 10:01 p.m. Consensus of the WEDC Board was to adjourn. Marvin Fuller, President ATTEST: Samuel D.R. Satterwhite Executive Director