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2010-04-26 PEARLAND ECONOMIC DEVELOPMENT CORPORATION REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION ("PEDC") BOARD OF DIRECTORS OF THE CITY OF PEARLAND, TEXAS TO BE HELD MONDAY, APRIL 26, 2010, 5:00 P.M., CONFERENCE ROOM, PEDC OFFICE, 2947 BROADWAY STREET,PEARLAND,TEXAS. I. Call to order The meeting was called to order at 5:12 p.m. with the following present: BOARD MEMBERS Vice President Charles Gooden, Jr. Board Member Kurt Evenson Board Member Gary Idoux Board Member Mike O'Day Due to a conflict in schedule, President Ed Thompson and Secretary Lucy Stevener were unable to attend the meeting. EX -OFFICIO MEMBERS City of Pearland City of Pearland Pearland Chamber of Commerce STAFF MEMBERS Matt Buchanan Ram6n Lozano Kyler Cole Jenny Brannon Janice Vega Mayor Tom Reid Bill Eisen Carol Artz Minutes of a Regular Meeting April 26, 2010 Page 2 Approval of Minutes: Board Member Kurt Evenson made the motion, seconded by Board Member Mike O'Day to approve the minutes of the Regular Meeting of March 22, 2010. Motion Passed: 4 - 0 III. Public Comments: None Board Member Rushi Patel arrived at the meeting at 5:14 p.m. IV. Financial Report A. Monthly Financial Report ending February 28, 2010: Director of Finance Claire Bogard gave a summary of the report. Report submitted to file. B. Quarterly Investment Report — March 2010: Director of Finance Claire Bogard gave a summary of the report. Report submitted to file. V. New Business A. Public Hearing: Opened the Public Hearing at 5:27 p.m. to discuss the Purchase of Land and Construction of an Approximately 50,000 Square Foot Industrial Manufacturing Facility. Public Hearing closed at 5:27 p.m. B. Resolution: Board Member Kurt Evenson made the motion, seconded by Board Member Gary Idoux to adopt a Resolution Authorizing the Issuance of Pearland Economic Development Corporation Sales Tax Revenue Bonds, Taxable Series 2010, Authorizing a Sales Tax Remittance Agreement; and Containing Other Provisions Related Thereto, amending the presented Notice of Right to Petition as discussed, and to appoint Board Member Rushi Patel as Assistant Secretary of the Board of Directors. Motion Passed: 5 — 0 At the Vice President's request and the Board's concurrence, Item E under New Business was moved up on the agenda. E. Report: Carol Artz, President of the Pearland Chamber of Commerce gave a quarterly report. C. Resolution: Board Member Gary Idoux made the motion, seconded by Board Member Kurt Evenson to adopt a Resolution of Pearland Economic Development Corporation Authorizing Issuance of Revenue Bonds (Neelila, L.L.C. Project) Series 2010; Loan of Bond Proceeds to Neelila, L.L.C.; Approving Documents Relating Thereto; Authorizing a Public Hearing Regarding Bonds; Approving Publication of Notice of Public Hearing and Appointing Hearing Officers; and Approving Other Matters in Connection Therewith, and to appoint Board Member Rushi Patel as Assistant Secretary of the Board of Directors. Motion Passed: 5 — 0 D. LEED Grant Incentive Program: Ed Grossenheider, Parks and Recreation Building Maintenance Superintendent, gave a presentation to the board. No action was taken. F. OTS Monument Sign: Board Member Mike O'Day made the motion, seconded by Board Member Gary Idoux to approve and direct staff to informally bid the project and engage a general contractor in a guaranteed maximum price contract not to exceed $49,999.00. Motion Passed: 3 — 2 Ayes: Gooden, Idoux, O'Day Noes: Evenson, Patel Minutes of a Regular Meeting April 26, 2010 Page 3 Due to a scheduling conflict, Board Member Mike O'Day left the meeting at 7:20 p.m. G. Spectrum Management District Agreement: Board Member Rushi Patel made the motion, seconded by Board Member Kurt Evenson to approve the President and/or Vice President to enter into a Financing Reimbursement Agreement for Creation and Operating Advances incurred by PEDC for the Spectrum Management District. Motion Passed 4 - 0 H. Governance Committee: Board Member Gary Idoux made the motion, seconded by Rushi Patel to form a temporary committee to convene regularly in the coming months to review and make recommendations on the Corporation's articles of incorporation, by-laws and tax status. The committee will be comprised of Board Members Rushi Patel and Kurt Evenson, along with PEDC Executive Director, City Manager and City Attorney. Motion Passed 4 - 0 The Vice President temporarily adjourned the meeting at 7:35 p.m. The meeting reconvened at 7:47 p.m. I. Budget Amendment: Board Member Rushi Patel made the motion, seconded by Board Member Gary Idoux to advise staff to move forward purchasing furniture and office equipment, not to exceed $101,000.00, excluding furniture and equipment for the conference center. Motion Passed: 4 - 0 J. Monthly Activity Report: Executive Director Matt Buchanan summarized various ongoing projects. Report submitted to file. VI. Other Business Executive Session Under Texas Government Code The meeting was adjourned to enter into Executive Session at 8:14 p.m. 1. Section 551.087 — Deliberations Regarding Economic Development Negotiations — Update on Business Attraction/Retention Projects. 2. Section 551.072 — Real Property - Deliberations Regarding the Sale, Lease, Purchase, or Exchange of Real Property. 3. Section 551.087 — Deliberations Regarding Economic Development Negotiations — Prospect #1002. 4. SECTION 551.087 — Deliberations Regarding Economic Development Negotiations — Prospect #0913. The Board reconvened into Open Session at 8:59 p.m. New Business Continued: K. Economic Development Negotiations — Business Attraction/Retention Projects: No action was taken. Minutes of a Regular Meeting April 26, 2010 Page 4 L. Real Property — Regarding the Sale, Lease, Purchase, or Exchange of Real Property: No action was taken. M. Economic Development Negotiations —Prospect #1002: No action was taken. N. Economic Development Negotiations —Prospect #0913: No action was taken. VII. Adjournment: The meeting was adjourned at 8:59 p.m. Minute approved as submitted AN , A.D., 2010. ATT and/or corrected of