11-21-2008 (WEDC) Minutes Minutes
Wylie Economic Development Corporation
Board of Directors Meeting
Friday, November 21, 2008 —3:30 P.M.
Inwood National Bank—Conference Room
200 South Highway 78 —Wylie,Texas
CALL TO ORDER
Announce the presence of a Quorum
President Fuller called the meeting to order at 3:30 p.m. Board Members present were: John
Yeager, Mitch Herzog, and Chris Seely.
WEDC staff present was Executive Director Sam Satterwhite and Administrative Assistant
Gerry Harris.
Ex-Officio Board Member City Manager Mindy Manson was present. Mayor Eric Hogue
arrived at 3:52 p.m.
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 October 17, 2008 Minutes of the
WEDC Board of Directors Meeting.
MOTION: A motion was made by John Yeager and seconded by Chris Seely to
approve the October 17, 2008 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 October, 2008 WEDC Treasurer's
Report.
President Fuller directed staff to request of Finance to attend the December WEDC Board
meeting for a review of WEDC financials and general governmental accounting practices. Also,
Board member Herzog requested that staff prepare an analysis of all outstanding WEDC notes in
terms of outstanding principal and applicable interest rates.
MOTION: A motion was made by Mitch Herzog and seconded by John Yeager to
approve the October, 2008 WEDC Treasurer's Report. The WEDC Board
voted 4—FOR and 0--AGAINST in favor of the motion.
WEDC—Minutes
November 21, 2008
Page 2 of 6
ITEM NO. 3 — (Motion to Remove from Table) Consider and Act Upon Issues
Surrounding a Request for Assistance from Nicom Construction, Inc.
MOTION: A motion was made by John Yeager and seconded by Mitch Herzog to
remove Action Item No. 3 from the table.
Staff reviewed with the Board that at the 10-17-08 Board meeting staff was directed to determine
if any other properties would benefit from extension of a sewer line to the subject property.
Nicom had requested assistance in the amount of$13,930 to bore under Regency Drive.
Staff, with confirmation from the Engineering Department, determined that the sewer line
extension in question will only serve the Nicom property located at 121 Regency Drive. The
property to the north is already developed and the property to the south will be served by a sewer
line within the Capital Drive right-of-way. Further, staff determined that the cost to extend the
sewer line across Regency was only$6,500 with the balance being the on-site extension of water
and sewer lines.
Staff recommended that the WEDC Board of Directors deny a request from Nicom Construction
for assistance associated with extension of a sewer line.
MOTION: A motion was made by John Yeager and seconded by Mitch Herzog to deny
a request from Nicom. The WEDC Board voted 4 — FOR and 0 —
AGAINST in favor of the motion.
ITEM NO. 4 — Consider and Act Upon Issues Surrounding the Meeting Time of WEDC
Board Meetings.
Staff suggested that based upon Board personnel changes and to perform a review of meeting
time policies, the Board review existing meeting time and date for Regular Board Meetings. The
WEDC Board of Directors currently meets on the third Friday of each month at 6:00 a.m. at
Inwood National Bank.
Staff indicated that there is no statutory requirement for WEDC meeting times in the governing
legislation, WEDC By-laws, or the City Charter. Staff reviewed a history of Board Meeting
times which has predominately been prior to 8:00 a.m.
Staff had no recommendation. Board member Mitch Herzog stated a preference to have the
meeting time moved to 6:30 a.m. or 7:00 a.m. President Fuller and Board member Yeager
preferred a 6:30 a.m. start time as well.
MOTION: A motion was made by Mitch Herzog and seconded by John Yeager to
maintain the third Friday of each month as the Regular Board Meeting date
and change the regular meeting time from 6:00 a.m. to 6:30 a.m. The
WEDC Board voted 4—FOR and 0—AGAINST in favor of the motion.
WEDC—Minutes
November 21, 2008
Page 3 of 6
ITEM NO. 5 — Staff Update: Review Staff Activities Surrounding Woodbridge Crossing,
the WEDC 2008 Annual Report, Retail Activities by Greenway Investments, 2009 ICSC
Conference May 17th — 20th, Lease of Facilities Owned by WEDC on Industrial Court,
Retail Activities within Shafer Plaza, 2008 WEDC Invitational, ICSC — San Antonio, and
Collin County Day February 9— 10,2009.
Woodbridge Crossing: Direct Development is in negotiations with a second anchor to replace
the previously withdrawn Kohl's project. Direct Development should be informed by the end of
November whether the project received committee approval. Staff will update the Board upon
receiving notice from Direct Development.
WEDC Annual Report: Section 4.04, Subsection 4(a) states that the Wylie Economic
Development Corporation shall make a detailed report to the City Council once each year. Such
report shall include,but not be limited to, the following:
1. A review of all expenditures made by the Board in connection with their activities
involving direct economic development as defined in this article, together with a report of all
other expenditures made by the Board.
2. A review of the accomplishments of the Board in the area of direct economic
development.
3. The policies and strategy followed by the Board in relation to direct economic
development together with any proposed changes in such activities.
4. A review of the activities of the Board in areas of endeavor other than direct
economic development together with any proposed changes in such activities.
5. The annual required report shall be made to the City Council no later than January
31 of each year.
6. The annual report shall be considered by the City Council for its review and
acceptance.
Staff provided an outline of the Annual Report with the areas of activity to be addressed. Staff is
requesting that the Board review the outline for completeness and inform staff of any omissions.
The first draft of the report will be presented to the Board on December 19th with the final draft
to be approved January 16, 2009. The City Council will consider the report for its review and
acceptance on January 26, 2009.
Greenway Investments: WEDC Counsel Randy Hullett is scheduled to receive the first draft of
the amendment to the Ad Valorem Tax Abatement and Sales Tax Reimbursement Agreement.
Greenway had requested approval of the amendment in 2008, but with the delay in receiving the
first draft, staff believes approval will be sought from the Board and Council in
January/February.
WEDC—Minutes
November 21, 2008
Page 4 of 6
2009 ICSC Annual Conference: As indicated via email, prior to December 3 rd staff will be
registering WEDC Board members to attend the ICSC Annual Conference in Las Vegas on May
17th— 20 . Mayor Eric Hogue and the WEDC Executive Director registered for the conference
in June. Board members expressing interest in attending were Mr. Herzog and Mr. Seely.
Industrial Court Lease Facilities: While the Cazad, Prime Kuts, and one of the Hughes facilities
remain vacant, staff is seeing an increase in inquiries over the past 10 days. Mr. Anderson is
continuing to remove the refrigeration equipment from the Prime Kuts facility. Staff has
authorized the additional time for removal based upon the slow market for lease facilities. The
WEDC continues to retain $5,000 in escrow from Mr. Anderson to ensure all equipment is
removed to the satisfaction of the WEDC.
Shafer Plaza: Staff updated the Board in regards to a meeting with Jakes Restaurant. Jakes has
4 locations in the metroplex and specializes in burgers and sandwiches. Jakes has a full service
bar with outside seating. Jakes is performing its due diligence of the Shafer pad site adjacent to
Starbucks.
2008 WEDC Invitational: The WEDC Invitational was a great success. With 67 individuals
participating in the golf outing and 75 attending dinner, staff is pleased with the interaction
between the WEDC/City of Wylie officials and the local/regional business community.
Businesses represented at the event were Direct Development, Henry S. Miller, Shafer
Properties, Greenway Investments, Jakes Hamburgers, Burger KinglPopeye's, Extruders,
Carlisle, Southern Fastening Systems, Expedition Capital Partners, Holland Hitch, Richard
Parker Inc., Oncor, BBV Texas, Glenn Brothers Meats, Global Innovation, American National
Bank, Inwood National Bank, Commonwealth Land Title, FEC Electric, Gallagher Construction,
Lutz Woodworking, RLK Engineering, Teague Nail & Perkins, Intercon Demolition, American
Restoration, Birmingham Land Trust, Engineering Concepts, General Transformer, Herzog
Development Corporation, and CPI Communication.
ICSC — San Antonio: Board member Seely and Staff attended the ICSC Conference in San
Antonio during October 29th — 31 St. The WEDC met with officials from Direct Development,
The Weitzman Group, Henry S. Miller, Mark R. Smith Company, Greenway Investments, LA
Fitness, CVS, Expedition Capital Partners, The Retail Connection, and Burk Collins &
Company.
Collin County Day: Collin County Day will be held February 9 — 10, 2009. This event is
typically well attended by the Wylie community but did fall off in attendance in 2007. Mr. Craig
Kelly is coordinating the event for the City of Wylie. Staff has made hotel arrangements for the
Board in Austin for Sunday the 8th and Monday the 9th. Staff will update the Board as more
information is received from Mr. Kelly.
No action was requested by staff for this item.
WEDC—Minutes
November 21, 2008
Page 5 of 6
EXECUTIVE SESSION
The WEDC Board of Directors convened into Executive Session at 4:16 p.m. President Fuller
noted for the record that no action would take place in Executive Session.
I. Consider and Act Upon Issues Surrounding the Deliberation and Evaluation of Outgoing
Board Member Merrill Young and Appointment of Member to Vacant Seat as Authorized
in Section 551.074 (Personnel Matters) of the Local Government Code, Vernon's Texas
Code Annotated (Open Meetings Act).
II. Consider and Act Upon Issues Surrounding the Provision of Economic Assistance and the
Purchase of Real Property for Project 2019 as Authorized in Section 551.087 (Economic
Development Negotiations) and in Section 551.072 (Real Property) 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 7:45 a.m.
Action taken from Executive Session:
I. President Fuller asked that the Board recognize Mr. Young for his many years of service to
the Wylie Economic Development Corporation. The Board directed staff to convey to the
Wylie City Council its desire that the new appointee to the Board not be a sitting Council
member. While there has been an informal policy of a sitting Council member filling one
seat on the WEDC Board, it was believed that there could be an inherent conflict with
Council appointing Board members that have a vote at the Council level over the
appointment of other Board members. The WEDC Board believed that there exist multiple
checks and balances for formal and informal communication between the WEDC and
Council, thus not requiring a voting member on the Board.
MOTION: A motion was made by Chris Seely and seconded by Mitch Herzog to
formally accept the resignation of WEDC Board Member Merrill Young
and to request that the Wylie City Council appoint an individual to fill the
unexpired term of Mr. Young, with specific emphasis on that individual
not being a sitting Council member. The Board voted 4 — FOR and 0 --
AGAINST in favor of the motion.
II. No action was taken as a result of discussion surrounding Executive Session Item II.
ITEM NO. 6—Consider and Act Upon Issues Surrounding the Election of WEDC Officers.
On November 12, 2008, Merrill Young resigned from the WEDC Board of Directors. Board
member Young held the position of WEDC Vice President.
WEDC Minutes
November 21, 2008
Page 6 of 6
Current officers of the WEDC are:
Marvin Fuller President
Vacant Vice President
Mitch Herzog Secretary
John Yeager Treasurer
Staff recommended that the WEDC Board of Directors reevaluate the existing WEDC officers
while filling the vacant position of Vice President.
MOTION: A motion was made by Mitch Herzog and seconded by Chris Seely to
appoint John Yeager as Vice President of the WEDC Board of Directors,
Chris Seely as Treasurer, and President Marvin Fuller and Secretary Mitch
Herzog retaining their positions on the Board. The Board voted 4 — FOR
and 0—AGAINST in favor of the motion.
ADJOURNMENT
With no further business, President Marvin Fuller adjourned the WEDC Board meeting at 4:46
p.m.
Marvin Fuller, President
ATTEST:
rn
Samuel D.R. Satterwhite
Executive Director