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01-25-2001 (WEDC) Minutes Minutes WYLIE ECONOMIC DEVELOPMENT CORPORATION January 25, 2001 Board Members Present: Gary Bowland Marvin Fuller 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 January 25, 2001 in the Board Room of the Wylie Chamber of Commerce at 108A W. Marble St., Wylie, Texas. The meeting was called to order by President John Yeager at 12:12 p.m. ITEM NO. 1 — Executive Session: Hold Executive Session to Consult with Corporation Attorney, as Authorized in the Local Government Code, Section 551.071, on a Matter in which the Duty of the Attorney to the Government Body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas Clearly Conflicts with this Chapter. The WEDC Board of Directors convened into Executive Session at 12:15 p.m. to discuss litigation in which the WEDC is involved. ITEM NO. 2—Reconvene from Executive Session: The WEDC Board of Directors reconvened from Executive Session at 12:30 p.m. MOTION: A motion was made by Merrill Young and seconded by Gary Bowland authorizing Mr. Gordon Shapiro of Jackson Walker, L.L.P. to seek a declaratory judgement in a Collin County court against Moulding Associates, Incorporated. The Board voted 4 — For and 0 — AGAINST in favor of the motion. WEDC—Minutes January 25, 2001 Page 2 ITEM NO. 3 — Consider and Act Upon Approval of Minutes for the December 19, 2000 Regular Board of Directors Meeting of the Wylie Economic Development Corporation. Board member Fuller suggested an amendment to the minutes as presented to reflect the final relocation of Extruders will be May of 2001, not May of 2000. MOTION: A motion was made by Marvin Fuller and seconded by Merrill Young to approve the minutes as amended for the December 19, 2000 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. 4 - Consider and Act Upon Approval of Minutes for the January 19, 2000 Regular Board of Directors Meeting of the Wylie Economic Development Corporation. MOTION: A motion was made by Gary Bowland and seconded by Merrill Young to approve the minutes for the January 19, 2001 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. 5 — Consider and Act Upon Approval of the November, 2000 Treasurer's Report for the Wylie Economic Development Corporation. Staff requested that the WEDC Board of Directors table consideration of the Treasurer's Report until a future date due to absence of the Directors expense report. MOTION: A motion was made by Marvin Fuller and seconded by Gary Bowland to table the November, 2000 Treasurer's Report for the Wylie Economic Development Corporation. The WEDC Board of Directors voted 4 —FOR and 0—AGAINST the motion. ITEM NO. 6 - Consider and Act Upon Approval of the December, 2000 Treasurer's Report for the Wylie Economic Development Corporation. Staff requested that the WEDC Board of Directors table consideration of the Treasurer's Report until a future date due to absence of the Directors expense report. WEDC—Minutes January 25, 2001 Page 3 MOTION: A motion was made by Marvin Fuller and seconded by Merrill Young to table the December, 2000 Treasurer's Report for the Wylie Economic Development Corporation. The WEDC Board of Directors voted 4 —FOR and 0—AGAINST the motion. ITEM NO. 7 — Consider and Act upon Issues Surrounding an Industrial Project Proposed by Mr. Barry Patrick Generally Located Near the Intersection of Old Hensley Lane and Sanden Boulevard. Staff updated the Board of Directors regarding a Planned Development (PD) zoning district recently approved by the Wylie City Council generally located near the intersection of Sanden Boulevard and Old Hensley Lane. The PD allows the construction of a 12,000 square foot manufacturing facility. The owner, Mr. Barry Patrick, is only required to construct a facility with 100% masonry on the east face (fronting Sanden Blvd.) of the facility and 1/3 masonry on the north and south. Staff represented to the Board that it is important to protect the integrity of the area and that a facility with exposed metal sides may be less than appealing. Staff approached Mr. Patrick to encourage 100% masonry of the facility, but Mr. Patrick is not willing to make the financial commitment. Mr. Patrick represented that the cost for materials, labor, slab extension, and gutter extension is estimated at $25,180. Board member Fuller suggested that the WEDC use every means possible to secure masonry to the north and south sides of the facility in an attempt to create a more aesthetically pleasing. Staff suggested a partnership between Mr. Patrick and the WEDC to provide masonry to the facility. Mr. Fuller suggested that staff be allowed to negotiate with Mr. Patrick to provide 100% masonry to the north, south, and east sides of the facility. Mr. Fuller emphasized though that a plain brick face was not acceptable and instructed staff to ensure there would be `character' added. Mr. Bowland suggested the maximum level of investment be no greater than $15,000. MOTION: A motion was made by Merrill Young and seconded by Gary Bowland to authorize WEDC staff to expend up to $15,000 in assistance to the manufacturing project proposed by Mr. Barry Patrick. The WEDC Board of Directors voted 4—FOR and 0—AGAINST the motion. ITEM NO. 8 — Consider and Act Upon Issues Surrounding a Loan Agreement Between the Wylie Economic Development Corporation and Mr. Gary Bottoms (Best Technologies, Inc.). Staff reported to the Board that Mr. Gary Bottoms intends to sell Best Technologies, Inc. to Micro-ASI of Plano. According to Section 6(b) of the Loan Agreement, Mr. Bottoms will be in WEDC —Minutes January 25, 2001 Page 4 default when BTI ceases operations at the Wylie site. The WEDC Board of Directors can demand payment of $28,281.25. However, staff indicated that Mr. Bottoms is maintaining ownership of the facility and Micro-ASI intends to relocate Austin operations to the Wylie facility. Staff proposed that should Mr. Bottoms secure Micro-ASI operations to Wylie prior to the certification of the 2001 tax roles and personal property value is 125% of existing values ($583,792), the intent of the WEDC investment will have been met. Should the value requirement not be met, the final payment on the Loan Agreement will not be forgiven. Mr. Bowland commented that employment and increase in taxable valuation is key to any WEDC agreement and if Mr. Bottoms brings more to the table than otherwise considered at the loan origination, the WEDC Board should approve staffs' recommendation. MOTION: A motion was made by Gary Bowland and seconded by Merrill Young to defer the initiation of default proceedings against Mr. Gary Bottoms and requiring personal property at the existing BTI facility be valued at $729,740 prior to the 2001 tax certification. The WEDC Board of Directors voted 3 — FOR and 0 — AGAINST the motion with Mr. Fuller abstaining based upon a previously filed conflict of interest. ITEM NO. 9 - Citizen Participation. There being no citizen participation, President Yeager proceeded to Item No. 10. ITEM NO. 10-Adjourn. There being no further business, the meeting was adjourned at 1:48 p.m. rier/ John ager, President Attest: Samuel D.R. Satterwhite Executive Director