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07-29-2011 (WEDC) Minutes Minutes Wylie Economic Jevelopment Corporation Board of Directors Meeting Friday, July 29, 2011 — 6:30 A.M. WEDC Offices — Conference Room 250 South Highway 78 — Wylie, Texas CALL TO ORDER Announce thepresencc of a Quorum President Marvin Fuller called the meeting to order at 6:30 a.m. Board Members present were: Mitch Herzog, John Yeager, Todd Winners, and Chris Seely. WEDC staff present was Executive Director Sam Satterwhite and Administrative Assistant Gerry Harris. Ex-officio members Mindy Manson and Mayor 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 15, 2011 Minutes of the WEDC Board of Directors Meeting. MOTION: A motion was made by Chris Seely and seconded by John Yeager to approve the July 15, 2011 Minutes of the WEDC Board of Directors Meeting. The WEDC Board voted 5 -- FOR and 0 — AGAINST in favor of the motion. ITEM NO. 2 — Consider and act upon issues surrounding a WEDC Budget Transfer for FY 2010 - 2011. Staff had presented in June a Budget Transfer for 'legal but had underestimated expenses relating, to proceedings with Sander' and annual audit expenses. Staff requested an additional S7,500. Due to the Bonus recently awarded to the Executive Director, there will be a 59,593 impact to the Budget. Per the Board's direction at the July 15th Board meeting, the personnel and the above legal expenses will be reallocated from the Incentives account. Staff further reported that during recent discussions with the Finance department concerning the booking of Ascend expenses it was determined that there were errors made in the classification of expenses associated with the Holland improvements. The original wire transfer from WEDC — Minutes July 29, 2011 Page 2 of 3 Ascend/Highlander of SI39,500 was credited to the Building Account. Included within the wire was 525,275 intended for Holland improvements. The WEDC also paid 50% of the Holland improvements from its Land Account. Holland improvements should have been paid out of the Special Services Account being that improvements on property not owned by the WEDC cannot be considered a capital expenditure (the Building Account is a capital account). To correct the above, Finance reclassified the expenses from Land and Building to the Special Services account, thus increasing the Special Services budget. Finance did not note any other accounting error in the Building Account and is fully prepared to present the Ascend project to the Auditors upon their arrival the week of September 12th. Staff requested a total Budget Transfer in the amount of$67,642.80. Funds to accommodate Legal and Personnel will be transferred from the Incentives Account with a total reduction of S17,092.80. Funds to correct the classification error will be transferred in equal amounts of S25,275 from the Building and Land Accounts to the Special Services account. Staff recommended that the WEDC Board of Directors approve Budget Transfer Request EDC7- 29-1 I in the amount of$67,642.80. MOTION: A motion was made by Mitch Herzog and seconded by John Yeager to approve the Budget Transfer Request EDC7-29-11 in the amount of S67,642.80. The WEDC Board voted 5 — FOR and 0 — AGAINST in favor of the motion. EXECUTIVE SESSION The WEDC Board recessed into Closed Session at 6:38 a.m. in compliance with Section 551.001, et.seq. Texas Government Code to wit: Section 551.071 (Consultation with Attorney) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). • Receive legal advice concerning Cause No. 366-01521-2011 in the 366th Judicial District in the case styled Wylie Economic Development Corporation vs. Sanden International (U.S.A.), Inc. Section .551.087 (Economic Development) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). • Consider issues surrounding Clark Street Development. • Consider issues surrounding Multi-Machining. Board Member Todd TVintters signed an Affidavit Stating Conflict 0/Interest to be/lied with the original Minutes, WEDC —Minutes July 29, 2011 Page 3 of 3 • Consider issues surrounding B&B Theatre. • Consider issues surrounding Medical uses considering a site near the intersection of F.M. 544 and Sanden Blvd. Board Member Mitch Herzog signed an Affidavit Stating Conflict of Interest to be filed with the original Minutes. RECONVENE INTO OPEN MEETING The WEDC Board of Directors reconvened into open session at 7:39 a.m. Actions taken from Executive Session: I. The Board of Directors directed staff to present a Letter of Intent to Multi-Machining with correction of the date of the appraised value of $4,250,000 from the Collin County Central Appraisal District be changed from January I, 2012 to January 1, 2013. MOTION: A motion was made by John Yeager and seconded by Chris Seely to approve the execution of the Letter of Intent to Multi-Machining. The WEDC Board voted 4 — FOR and 0 — AGAINST in favor of the motion. Board Member Todd Wintters abstained from the vote. ADJOURNMENT With no further business, President Fuller adjourned the WEDC Board meeting at 7:40 a.m. /7r Marvin Fuller, President ATTEST: Samuel DR. Satterwhite Executive Director