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4A Wichita Falls Economic Development Minutes - 07/16/2010MINUTES OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION Present: Gary Shores, President Dick Bundy Lanham Lyne Glenn Barham, Mayor Linda Ammons, Liaison July 16, 2010 § Members § City Council Darron Leiker, City Manager § City Staff Kevin Hugman, Assistant City Manager § Jim Dockery, CFO /Assistant City Manager § Miles Risley, City Attorney § Ramona Coln, Recording Secretary § Tim Chase, President Kevin Pearson, Vice President Ron Duncan Jim Rutz Absent: Gary McLendon Dave Lilley 1. CALL TO ORDER § Chamber of Commerce & Industry § MagicAire Acquisition Co., LLC § Member § Member President Gary Shores called the meeting to order at 3:10 p.m. 2. APPROVAL OF MINUTES (7/08/10) Dick Bundy moved seconded by Lanham Lyne, to approve the minutes. The motion carried. 3. MAGICAIRE RETENTION PROJECT Proposed incentives for MagicAire Retention Project in an amount of up to $1,150,000.00 to provide funds for the "costs" for land, buildings, equipment, facilities, expenditures, and improvements of the MagicAire facility located at 501 Galveston Street were to be discussed and voted on at this meeting. Mr. Dick Bundy recused himself from this discussion and vote due to a conflict of interest. The WFEDC Bylaws specifically state in Section 5 "No action can be approved without the affirmative vote of at least three members. A Board member may not vote by proxy." Therefore, with only two members present to vote, this item was tabled until the next meeting of the WFEDC on July 20, 2010. Mr. Duncan and Mr. Rutz left the meeting. 4. EXECUTIVE SESSION President Shores adjourned the meeting into executive session at 3:21 p.m. pursuant to TEXAS GOVERNMENT CODE § §551.071, 551.072, and 551.087.1 He announced the meeting back into regular session at 4:02 p.m. He noted that the subjects described in Footnote 1 were deliberated, and no action was taken on these subjects in executive session. Tim Chase brought up a point regarding WFEDC projects being listed on the City Council agenda to be discussed in Executive Session when the company is ready to go public. We spend a lot to time explaining to the public what it is we do and if our projects are not open and transparent it can add complexity to the citizen's view. Darron Leiker replied that the Council is not comfortable asking questions in a public forum when the project information has been given to them at such a late date with expectations to rubber stamp the project. A decision was made to brief the Council in Executive Session at a meeting prior to approving the project. 4. ADJOURN The meeting was adjourned at 4:18 p.m. p��K r�untJW, vice- PreSi�len+ Executive Session in accordance with Texas Government Code §551.071, consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act (including, but not limited to, legal issues related to potential projects for the development, retention, or expansion of clutch manufacturing, aircraft manufacturing, washing machine manufacturing, medical device refurbishment, teleservice operations, coating manufacturing & distribution, air conditioner assembly and manufacturing, heat exchanger assembly and manufacturing, gas compressor equipment manufacturing, latex -foam manufacturing, biodiesel manufacturing, and projects with other entities named in this agenda for creation and retention of primary jobs (as defined by Tex. Local Gov't Code § 501.002)). Executive Session in accordance with Texas Government Code §551.072, to deliberate the purchase, exchange, lease, or value of real property interests due to the fact that deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party (including, but not limited to, the purchase and/or value of various real property interests to be used for the development, retention, or expansion of clutch manufacturing, aircraft manufacturing, washing machine manufacturing, medical device refurbishment, teleservice operations, coating manufacturing & distribution, air conditioner assembly and manufacturing, heat exchanger assembly and manufacturing, gas compressor equipment manufacturing, latex - foam manufacturing, biodiesel manufacturing, and projects with other entities named in this agenda for creation and retention of primary jobs (as defined by Tex. Local Gov't Code § 501.002)). Executive Session in accordance with Texas Government Code §551.087, to discuss or deliberate the offer of a financial or other incentive to a business prospect that the WFEDC seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the WFEDC is conducting economic development negotiations (including, but not limited to potential projects for the development, retention, or expansion of clutch manufacturing, aircraft manufacturing, washing machine manufacturing, medical device refurbishment, teleservice operations, coating manufacturing & distribution, air conditioner assembly and manufacturing, heat exchanger assembly and manufacturing, gas compressor equipment manufacturing, latex -foam manufacturing, biodiesel manufacturing, and projects with other entities named in this agenda for creation and retention of primary jobs (as defined by Tex. Local Gov't Code § 501.002)).