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07-17-2009 (WEDC) Minutes Minutes Wylie Economic Development Corporation Board of Directors Meeting Friday, July 17, 2009—6:30 A.M. Inwood National Bank— Conference Room r 200 South Highway 78 —Wylie, Texas CALL TO ORDER Announce the presence of a Quorum President Fuller called the meeting to order at 6:30 a.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 Members Mindy Manson and Eric Hogue were 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 July 9, 2009 Minutes of the WEDC Board of Directors Meeting, MOTION: A motion was made by John Yeager and seconded by Mitch Herzog to approve the July 9, 2009 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 2009 WEDC Treasurer's Report. The WEDC Board requested that staff inform them as to the date and time Council would be presented with the FY 2009—2010 WEDC budget. MOTION: A motion was made by Chris Seely and seconded by John Yeager to approve the June 2009 WEDC Treasurer's Report. 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 Performance Agreement between the WEDC and BBV Texas Development, LLC. Staff presented the Performance Agreement between the WEDC and BBV Texas Development, LLC, entered into on June 27, 2007 for the purpose of providing cost reimbursement for infrastructure improvements including water, sewer, drainage and roadway improvements in an WEDC—Minutes July 17, 2009 Paget of 4 amount not to exceed $96,000. The WEDC funded the first reimbursement of$32,000 in July 2008. In order for BBV to qualify for the second reimbursement incentive of$ 2,000, a$7 million real property valuation is called for, employment of eighty full and part time employees at the Wylie location must be met, and the WEDC must confirm that all ad valorem taxes have been paid. While the employment requirement has been met at 129 full and part time personnel and property taxes are current, the certified valuation from the Collin County Central Appraisal District came in at$5,914,760. The Agreement contemplated potential performance measure shortfalls and included language which would allow consideration of a reduced incentive payment. Please note that the Agreement states that "in the event that the Company does not meet or exceed the Performance Requirement as specified in Section II, the WEDC Reimbursement Incentive will be either voided or reduced proportionately in advance of payment at the sole discretion of the WEDC." The current real property valuation is 84.5% of the established benchmark. While not a performance indicator within this Agreement, staff presented that the annual payroll at Garnet Hill is $3.3 million. Additionally, and again not a performance indicator within the Agreement, personal property at Garnet Hill is valued at $211,508. Staff recommended an incentive payment of not less than $27,040 (84.5% of $32,000). The recommendation was based upon the following conclusions by staff: a) the WEDC Board of Directors purposefully and with foresight placed language within the Agreement which allows for the deviation at the sole discretion of the Board; b) employment figures are 61% in excess of the minimum criteria; and c) Garnet Hill's management company has been an active member of the Chamber of Commerce and Wylie community. Board member Herzog voiced concerns that the WEDC establishes performance measures and is not steadfast in its requirements that they be met. Board member Herzog continued that any performance measure tied to valuation is somewhat out of the control of the land owner in that the Appraisal District establishes the valuation. MOTION:: A motion was made by John Yeager and seconded by Chris Seely to make an incentive payment to BBV Texas Development LLC in the amount of $27,040. The WEDC Board voted 4— FOR and 0 —AGAINST in favor of the motion. ITEM NO. 4 — Consider and act upon election of officers to the WEDC Board of Directors. Each July following the selection of WEDC Board members by the Wylie City Council, the WEDC elects officers for the upcoming year. WEDC—Minutes July 17, 2009 Page 3 of 4 On November 21, 2008, the WEDC Board of Directors elected the current officers: Marvin Fuller President John Yeager ...Vice President Mitch Herzog .S eeretary Chris Seely Treasurer Staff recommended that the WEDC Board of Directors elect officers for the upcoming year. MOTION: A motion was made by Mitch Herzog and seconded by John Yeager to nominate Marvin Fuller for WEDC President, John Yeager Vice President, Mitch Herzog Secretary, and Chris Seely Treasurer. The WEDC Board of Directors voted 4—FOR and 0—AGAINST in favor of the motion. EXECUTIVE SESSION The WEDC Board of Directors convened into Executive Session at 7:11 a.m. I. Consider issues surrounding the First Amendment to Performance Agreement between the WEDC and Woodbridge Crossing, L.P. as authorized in Section 551.087 (economic development negotiations) of the Local Government Code, Vernon's Texas Code Annotated(Open Meetings Act). II. Consider issues surrounding the potential offering of incentives for project Re-tool as authorized in Section 551.087 (economic development negotiations) ofthe Local Government Code,Vernon's Texas Code Annotated (Open Meetings Act). III. Consider issue surrounding Personnel Matters (evaluation of the Executive Director and Administrative Assistant) 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 8:15 a.m. I. After staff presented the Amended and Restated Performance Agreement between the WEDC and Woodbridge Crossing, the Board requested that staff provide a plan to monitor the Woodbridge reimbursements. The Board also requested that a monthly report be provided to the Board as part of the monthly Treasurer's Report. MOTION: A motion was made by Mitch Herzog and seconded by John Yeager to approve the Amended and Restated Performance Agreement between WEDC and Woodbridge Crossing, L.P. The WEDC Board of Directors voted 4--FOR and 0—AGAINST in favor of the motion. WIC—Minutes July 17, 2009 Page 4 of II. Staff presented the Performance Agreement between the WEDC and Sanden International (U.S.A), Inc. to provide assistance to make real and personal property improvements to its existing facility. The Agreement calls for up to $300,000 in assistance over a two year period should Sanden meet the requirements called for within the Agreement. For the Year 1 incentive of$200,000, Sanden must provide proof ofexpenditures of$5.79 million to re-tool an existing compressor line, confirm a minimum of 275 line personnel, confirm payment of all prior year property taxes, and documentation supporting a minimum $58 million in real and personal property value at their Wylie plant. For the Year 2 incentive payment of$100,000, Sanden must provide all above documentation,but only show expenditures of$2.73 million. The WEDC can recapture all incentives should Sanden relocate any portion of its existing operations outside of Wylie prior to 4-1-12. Additionally within the recapture provisions, Sanden must produce a minimum of 340,000 compressor units prior to 4-1-12. MOTION: A motion was made by John Yeager and seconded by Chris Seely to a authorize President Fuller to execute a Performance Agreement between the WEDC and Sanden International (U.S.A.), Inc. not to exceed $300,000.00. The WEDC Board of Directors voted 4— FOR and 0 —AGAINST in favor of the motion. III. Following a performance appraisal within Executive Session, the consensus of WEDC Board was to leave the Executive Director's salary at its current level. MOTION: A motion was made by Chris Seely and seconded by John Yeager to make no changes to the Executive Director's salary. The WEDC Board of Directors voted 4—FOR and 0—AGAINST in favor of the motion. ADJOURNMENT —- With no further business, President Marvin Fuller adjourned the WEDC C Board meeting at 8:19 a.m. Marvin Fuller, President ATTEST: Samuel D.R. Satterwhite Executive Director