4A Wichita Falls Economic Development Minutes - 08/17/2023 MINUTES OF THE
WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION
AUGUST 17, 2023
PRESENT:
Leo Lane, President § WFEDC Members
David Toogood, Vice President §
Phyllis Cowling, Secretary-Treasurer §
Darron Leiker §
Stephen Santellana, Mayor § Mayor& Councilors
Paul Menzies, Assistant City Manager § City Administration
Blake Jurecek, Assistant City Manager §
Kinley Hegglund, City Attorney §
Jessica Williams, CFO/Finance Director §
Stephen Calvert, Senior Budget Analyst §
Terry Floyd, Director of Development Svcs §
Chris Horgen, Public Information Officer §
Paige Lessor, Executive Legal Assistant §
Ron Kitchens, CEO § Wichita Falls Chamber of Commerce
Moriah Williams, §
Vicki Pratt, §
Carol Murray, Candidate for Mayor §
ABSENT: §
Brent Hillery § WFEDC Member
1. CALL TO ORDER
Mr. Lane called the meeting to order at 2:31 p.m. He welcomed everyone and thanked the
Mayor for joining the meeting.
2. CONSENT AGENDA
a. Approval of Minutes (July 20, 2023)
Mr. Lane stated that there were corrections to be made to the minutes and provided the
correct amounts for funding in the FY2024 Budget that were noted and approved at the July 20th
meeting. He read the correct amounts into the record again as follows:
SMAC: $150,000
i.d.e.a.WF: $50,000
DWFD: $126,500
WF Chamber: $1,135,650 plus $72,000 for Sheppard AFB consultant fees
Mr. Lane asked if there were any other comments or corrections needed.
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Hearing none, Mr. Leiker moved to approve the July 20th Minutes as amended. Seconded
by Mr. Toogood, the motion carried 4-0.
b. Financial Report
Mr. Menzies provided a summary of the financial report, highlighting that while sales tax
was slowing down, the City was still on track to have the highest revenue ever from sales tax. He
mentioned that sales tax revenue was running about 1% above the same time last year.
Mr. Lane inquired of Mr. Menzies about the City's current performance compared to other
cities, such as Abilene and Tyler, and whether there were signs of a slowdown in revenue among
most cities. Mr. Menzies confirmed that sales tax revenue across the state is slowing down.
Mr. Menzies stated the Board has approximately $12.5 million in unencumbered funds for
new projects in the current year. He further updated the Board about a $60,000 payment to Tryer
for employee recruitment and retention that had been approved a couple of years ago.
Ms. Cowling moved to approve and accept the financial report as presented. Seconded
by Mr. Tooqood, motion carried 4-0.
3. DISCUSSION AND POSSIBLE ACTION RELATED TO THE WICHITA FALLS ECONOMIC
DEVELOPMENT CORPORATION'S FY 2024 PROPOSED BUDGET
Mr. Menzies clarified that the Chamber's budget number pertained to the calendar year,
incorporating a blend of the current year's contract for the last three months and the recently
approved contract for the first nine months of the following year, along with an additional $72,000
for the base consultant.
Mr. Menzies also mentioned that when reviewing the bottom line on page two of the
budget, it might appear lower than the current year's, which was indeed the case. However, he
explained that the budget was calculated as of October 1, 2023, and at that point, all known
projects were encumbered despite no revenue having been received for the next year. He
reminded everyone that is consistent with previous years and that, theoretically, if no new projects
were taken on, the bottom line would stand at $16.5 million after adding the anticipated revenue
of$6.2 million for the next year.
Mr. Toogood asked about the assumption used for the revenue forecast for the upcoming
year, to which Mr. Menzies replied that they had assumed a flat sales tax revenue for the next
fiscal year. He added that this assumption was in line with the City's general fund forecast for
sales tax. Mr. Menzies then highlighted that the only variable of note was interest income, which
had seen significant increases in the current year but was expected to decrease due to anticipated
Federal Reserve actions regarding interest rates.
Mr. Toogood also inquired about the nature of the investments generating interest income.
Ms. Williams explained that the interest was earned on pooled funds in short-term liquid
investments, with a typical duration of 24 hours. Ms. Cowling commented that currently, those
investments probably yielded the best return, around 5%. But everyone agreed those rates would
move with the market.
Mr. Lane asked if there were any further questions or comments about the budget.
Hearing none, Ms. Cowling moved to approve the WFEDC's FY2024 Budget. Seconded
by Mr. Leiker, the motion carried 4-0.
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4. DISCUSSION AND POSSIBLE ACTION RELATED TO AUTHORIZING BOARD PRESIDENT TO
EXECUTE AN AMENDMENT TO THE CONTRACT WITH PANDA BIOTECH, LLC, REGARDING
CONTRACT TERM DATE
Mr. Kitchens began the discussion by addressing the proposed amendment to the contract
with Panda Biotech. He outlined two key issues. Firstly, Panda Biotech's original agreement had
anticipated hiring starting two years ago, but due to the impact of COVID-19 and other delays,
they could not meet this timeline, Therefore, they requested to extend the agreement by three
years while maintaining the same terms. The construction is progressing well, with cranes
installing trusses and equipment being rapidly installed, including electrical and ventilation
systems. There is some variation in the expected completion date, with one source mentioning
October 15t and another suggesting November 1st An open house showcasing the production
lines is planned for the near future.
Mr. Kitchens stated that the company has hired eight full-time employees who are actively
working on building and developing the systems as planned. They are making progress in line
with their previous commitments. However, they've encountered unexpected costs related to
improving the rail line, initially estimated at $150,000 but now projected to cost around $500,000.
The company has requested a pricing adjustment for this, and discussions are ongoing regarding
a potential shared cost increase. Additionally, there have been interpretation issues with their four
agreements, including the original agreement and two subsequent follow-on agreements.
To ensure clarity on the terms and agreements, the Chamber has engaged an economic
development incentive specialist, who is also a lawyer based in Austin. This specialist is working
on summarizing all the terms into a concise document, although it may not be just one page due
to its complexity. The goal is to have a clear and accurate document in about a week. It is
recommended that if the Board is interested in changing the terms, especially regarding job hiring,
a special meeting could be arranged to approve the contract. The company is eager to move
quickly, given its ongoing hiring efforts. Also, the Chamber has asked that the company's
representatives be present at the city council meeting when discussing any changes to the
agreement.
Mr. Lane asked for clarification as to whether the contract terms would be renegotiated at
this time. Mr. Kitchens explained that they intend to renegotiate but need feedback before
finalizing a document for approval. The idea is to take it in two steps: first, authorize extending
the contract's end date by three years, and then repackage and clarify the agreements in a new
document.
Mr. Kitchens additionally confirmed that they will come back with one comprehensive new
agreement addressing various issues, including the railroad matter and payment schedules on
the loan. Mr. Kitchens then reiterated the need for the company's management from the company
to address the City Council and provide updates on their facility.
Mr. Kitchens confirmed with Ms. Cowling that the Chamber is not asking for any formal
action at this time, only guidance and direction from the Board on the new document and the rail
issue.
Mr. Hegglund confirmed the process, indicating that the Board could discuss it in the
executive session and provide guidance on extending the contract and addressing the rail cost
increase. A new agreement would be drafted, encompassing all the terms and any changes,
which would be presented to the Board for approval at a later date.
Mr. Lane inquired about whether the new document would be an addendum, amendment,
or a new agreement. Mr. Kitchens clarified that it would be a restatement of the terms, providing
clarity and a point of understanding for both parties moving forward.
Ms. Cowling sought clarification on whether the new document would supersede the
existing ones. Mr. Kitchens explained that it wouldn't invalidate the existing agreements but would
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serve as a point of agreement on current terms. No further questions were asked or comments
made.
5. EXECUTIVE SESSION
Mr. Lane adjourned the meeting into executive session at 2:51 p.m. pursuant to Texas
Government Code §§§ 551.087, 551,071, and 551.074. He announced the meeting back into
regular session at 3:42 p.m. The subjects posted in the Notice of Meeting were deliberated, and
no votes or further actions were taken on the items in executive session.
6. ADJOURNED.
Mr. Lane asked for any questions or comments from the public. Being none, he adjourned
the meeting at 3:43 p.m.
Leo Lane, President
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