Loading...
HomeMy WebLinkAbout01/21/09 EDC MINUTES THE COLONY ECONOMIC DEVELOPMENT CORPORATION ORIENTATION THE TRIBUTE JANUARY 21, 2009 Present: President, Tom Tvardzik Vice President, Kevin Braby Secretary, David Smith Treasurer, David Peerson Member, Femi Omonije Council Member, Allen Harris Absent: Council Liaison Perry Schrag Staff: Tom Terrall Cindi Lane Kevin Laughlin, Attorney, Nichols, Jackson, Dillard, Hager & Smith L.L.P The purpose of the meeting was to familiarize the new board members with the Development Corporation Act, Open Meetings Act, policies and procedures of The Colony EDC. President Tvardzik opened the meeting at 7:00 p.m. and turned the meeting over to Tom Terrall to conduct the orientation. Mr. Terrall introduced Kevin Laughlin, one of the attorneys in the law firm Nichols, Jackson, Dillard, Hager & Smith L.L.P. who works with the 4A attorney, Pete Smith. First, Mr. Terrall gave a personal history of himself to the board. Then he gave a history of The Colony EDC. Mr. Terrall then turned the meeting over to Mr. Laughlin. Mr. Laughlin gave a presentation of the Development Corporation Act (DCA) and the Open Meetings Act (OMA) addressing several items. He touched on the limits of the DCA and explained that 4A corporations have sovereign immunity similar to government entities but are also a non-profit company therefore subject to the OMA and Public Information Act. Emails are also considered OMA documents. Mr. Laughlin went over the definition of projects and explained the limitations of incentives when working with retail projects. He discussed the issuing of debt for larger projects. Mr. Terrall explained why he remains active on the legislative and sales tax committee of the Texas Economic Development Council. Mr. Laughlin discussed the Open Meetings Act in detail explaining the definition of a quorum, schedule posting, definition of a meeting, discussion and deliberation as it pertains to a quorum. He discussed rules of posting regarding the internet, and the specificity of discussing items listed on the posted agenda. He discussed exceptions to the Open Meetings Act. He discussed telephone and email correspondence between board members and how that can violate the OMA. He discussed the voting process and how all votes must be made while in open session. He discussed the importance of minutes and procedures for closed sessions. He told the board about violations and repercussions of violating the OMA. At the conclusion of his presentation Mr. Laughlin answered some questions from board members. Mr. Terrall continued with the meeting and discussed procedures before and after meetings including the perception of gathering and unknowingly becoming a quorum. He discussed procedures at meetings, and the presentation of materials distributed at meetings. He mentioned the time limits for taking the Open Meetings Act and Public Information Act training. He discussed the procedures for submitting future agenda items. Mr. Terrall explained the executive session rules. Mr. Terrall went through the highlights of marketing for business retention and recruitment. He explained all the activities that he and Ms. Lane have and attend regarding marketing. He discussed the business visitations that he and the city manager do with mostly retail businesses. He discussed the activities regarding the annual ICSC (International Council of Shopping Centers) tradeshows in Las Vegas and in San Antonio, including the focuses and differences between the two. He also informed the board of the importance of exhibiting at the NTCAR (North Texas Commercial Association of Realtors) Tradeshow Expo. Another item discussed was sponsorships. Mr. Terrall named all the organizations that The Colony EDC places sponsorships with and the purpose for doing so. Part of the sponsorship category is the sponsoring of the NAIOP (National Association of Industrial and Office Properties) annual golf tournament. Mr. Terrall explained the benefits of being the title sponsor for this event. The next topic discussed was the incentive process. Mr. Terrall explained what steps are involved in the incentive process beginning with the prospect filling out an application, a negotiation team being assembled, the actual negotiations, recommendations to the board, and approval by the board and possibly the city council depending on the dollar amount. Mr. Terrall reported on past projects that The Colony EDC has done. A summary sheet for each project was included in the reference handbooks that were distributed at the beginning of the meeting. EDC Minutes January 21,2009, Page 2 of3 The last topic that was covered was challenges that face The Colony EDC is attracting businesses to The Colony. Mr. Terrall mentioned the economy, vacancy rates, lending opportunities, property ownership, land prices, bankruptcy issues, and proximity to other cities regarding retail among the major challenges. Mr. Terrall opened the meeting to respond to questions from the board. Mr. Omonije asked if he or Council Member Harris could give him direction as to the board's main purpose and direction that the council has for the city. Mr. Terrall responded that the main focus of the 4A board is to assist with attracting office, light industrial, and retail businesses to the city by marketing and offering incentives. Mr. Harris explained the overlay district along S.H. 121 to help to understand what type of businesses the council has directed for economic development. Council Member Harris-said that he would like to see office and retait similar to what is along the Dallas Tollway, and possibly some medical offices as part of his vision. No one else had any questions. President Tvardzik adjourned the meeting at 9:20 p.m. ~ . ( )./yJ.j Cindi Lane Recording Secretary (~AAf To:7~ President t:- )~ r EDC Minutes January 21, 2009, Page 3 of3