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HomeMy WebLinkAboutCDC-EDCpkt2022-01-06IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. MEETING AGENDA ANNA COMMUNITY DEVELOPMENT CORPORATION AND ANNA ECONOMIC DEVELOPMENT CORPORATION Thursday, January 6, 2022 @ 6:00 PM The EDC/CDC of the City of Anna will meet at 6:00 PM, on January 6, 2022, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items below. 1.Call to Order, Roll Call and Establishment of Quorum. 2.Invocation and Pledge of Allegiance. 3.Neighbor Comments. Persons may address the Board of Directors on items not on the agenda; please observe the time limit of three (3) minutes. Members of the Board cannot comment on or deliberate statements of the public except as authorized by Section 551.042 of the Texas Government Code. 4.Introduction of new Economic Development Coordinator, Kimberly Garduno. 5.Consent Agenda. a.Consider/Discuss/Act on approving minutes from the December 2, 2021 Joint Community Development Corporation and Economic Development Corporation Meeting. (CDC) b.Consider/Discuss/Act on approving minutes from the December 2, 2021 Joint Community Development Corporation and Economic Development Corporation Meeting. (EDC) 6.Individual Consideration a.Consider/Discuss/Act on a resolution approving an Agreement with Wolfe, Tidwell, & McCoy, LLP for legal services. (EDC) b.Consider/Discuss/Act on a resolution approving an Agreement with Wolfe, IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. Tidwell, & McCoy, LLP for legal services. (CDC) 7.Director's Report. a.October Sales Tax Report/November Budget Update b.Strategic Plan Update c.ICSC Red River / February Meeting Date 8.Closed Session. a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov’t Code §551.072) possible property acquisition possible land sale/purchase Anna Business Park. b. Consult with legal counsel on matters 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 Chapter 551 of the Government Code (Tex. Gov’t Code §551.071) Lease agreement and professional services contract.c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations or, (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’ t Code §551.087) Anna Business Park Property potential retail and medical projects. 9. Reconvene into open session and take any action on closed session items.10. Receive reports from staff or Board Members about items of community interest.Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after posting of the agenda.11. Adjourn.This is to certify that I, Joey Grisham, Director, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on January 3, 2022.Joey Grisham, Director of Economic Development Item No. 4. EDC/CDC Agenda Staff Report Meeting Date:1/6/2022 Staff Contact: AGENDA ITEM: Introduction of new Economic Development Coordinator, Kimberly Garduno. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Item No. 5. EDC/CDC Agenda Staff Report Meeting Date:1/6/2022 Staff Contact: AGENDA ITEM: Consent Agenda. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Item No. 5.a. EDC/CDC Agenda Staff Report Meeting Date:1/6/2022 Staff Contact: AGENDA ITEM: Consider/Discuss/Act on approving minutes from the December 2, 2021 Joint Community Development Corporation and Economic Development Corporation Meeting. (CDC) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: 1.December 2 2021 CDC EDC Joint Meeting Minutes Officers: Staff: Anthony Richardson, President Joey Grisham, Director of Economic Development Bruce Norwood, Vice-President Taylor Lough, Assistant Director of Economic Development Rocio Gonzalez, Secretary Anna Community Development Corporation and Anna Economic Development Corporation Regular Meeting Minutes Thursday, December 2, 2021, at 6:00 pm City of Anna, City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The Anna Community Development Corporation and the Anna Economic Development Corporation conducted a regular called meeting at 6:00 p.m. on Thursday, December 2, 2021, at the Anna City Hall Council Chambers, Anna, Texas 75409. A video recording of the open session portions of the meeting may be viewed online at the City of Anna’s website: https://www.annatexas.gov/962/AgendasMinutes CDC and EDC Board Members Present: Anthony Richardson, Shane Williams, Rocio Gonzalez, Kylee Kelley Bruce Norwood, Michelle Hawkins, and Matthew Seago. CDC and EDC Board Members Absent: None. Others Present: Joey Grisham (Director of Economic Development), Taylor Lough (Assistant Director of Economic Development), and Lee Miller Mayor Pro Tem) Others Participating Remotely: Clark McCoy (Attorney). 1.Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 6:05 p.m. 2.Invocation and Pledge. Invocation and Pledge of Allegiance were led by Anthony Richardson. 3.Neighbor Comments. None. 4.Consent Agenda. a.Consider/Discuss/Act on approving minutes from the November 4, 2021, Joint Community Development Corporation and Economic Development Corporation Meeting. (CDC) b.Consider/Discuss/Act on approving minutes from the November 4, 2021, Joint Community Development Corporation and Economic Development Corporation Meeting. (EDC) Officers: Staff: Anthony Richardson, President Joey Grisham, Director of Economic Development Bruce Norwood, Vice-President Taylor Lough, Assistant Director of Economic Development Rocio Gonzalez, Secretary Shane Williams made a motion on behalf of the CDC and EDC to approve the consent agenda. Kylee Kelley seconded the motion. All were in favor. Motion passed. 5.CLOSED SESSION (exceptions): a. Deliberate regarding the purchase, exchange, lease or value of real property. Tex. Gov’t Code §551.072) possible property acquisition; possible land sale/purchase; Anna Business Park. b. Consult with legal counsel on matters 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 Chapter 551 of the Government Code Tex. Gov’t Code §551.071) ; Grant program; Lease agreement and professional services contract. c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or, (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087) Anna Business Park Property; potential commercial, retail and medical projects. Bruce Norwood made a motion to enter closed session. Michelle Hawkins seconded the motion. All were in favor. Motion passed. CDC Board entered closed session at 6:08 p.m. 6.Reconvene into open session and take any action on closed session items. Anthony Richardson made a motion to reconvene into open session. Matthew Seago seconded the motion. All were in favor. Motion passed. The CDC reconvened into open session at 6:15 p.m. 7.Individual Consideration a. Consider/Discuss/Act on a resolution approving a Land Lease Agreement with New Cingular Wireless PCS, LLC for a cell tower at the Anna Business Park. Joey Grisham explained that the EDC has been discussing placing a cell tower on the Anna Business Park property for the last few months. A draft agreement was sent to the Board. The tower would take 3,600 square feet of space on land the EDC would continue to own with the initial term being five years with nine additional five-year terms with a 12% increase in rent after each term. The EDC would also have a revenue share for each tenant on the tower. The increased cellular service to the southern portion of Anna would be a benefit. Clark McCoy stated there is some language in the agreement that we are waiting for so if approved, please do so subject to legal form. He also explained the Public Works Director has reviewed as well. Bruce Norwood made a motion on behalf of the CDC to approve a resolution authorizing the Board President to execute an option and land lease agreement with New Cingular Officers: Staff: Anthony Richardson, President Joey Grisham, Director of Economic Development Bruce Norwood, Vice-President Taylor Lough, Assistant Director of Economic Development Rocio Gonzalez, Secretary Wireless PCS, LLC subject to approval as to legal form. Shane Williams seconded the motion. All were in favor. Motion passed. Bruce Norwood made a motion on behalf of the EDC to approve a resolution authorizing the Board President to execute an option and land lease agreement with New Cingular Wireless PCS, LLC subject to approval as to legal form. Matthew Seago seconded the motion. All were in favor. Motion passed. b. Consider/Discuss/Act on a resolution approving an agreement for retail marketing and recruitment services. (CDC) Joey Grisham explained that retail and restaurant recruitment is crucial for the community and a priority from both the City of Anna Strategic Plan and Economic Development Strategic Plan. Since the approval of the Economic Development Strategic Plan, we have discussed hiring a third party to develop a retail market assessment and help recruit retail to Anna. During the last meeting, three separate groups presented to the Board with Jason Claunch opting to partner with Retail Strategies. Staff recommended looking at the Retail Coach, Navi Retail and Retail Strategies, stating that the goal is to work with Jason Claunch on some individual projects in the future. Mr. Grisham also went through comments made from the Board regarding each firm. Anthony Richardson stated he believed staff could work with each group. Kylee Kelley appreciated Navi Retail’s analytical approach and Michelle Hawkins liked Navi’s description of themselves as boutique. Bruce Norwood also appreciated the description of Navi Retail and liked The Retail Coach’s presentation. Joey Grisham added these groups would be responsible for setting up meetings for us at various events. Their studies and information would be completely customizable, beyond what staff could access ourselves. Anthony Richardson made a motion to approve a resolution authorizing the Economic Development Director to execute a contract for retail recruitment and marketing and enter into a professional services agreement with Navi Retail not to exceed $48,000 subject to approval as to legal form. Shane Williams seconded the motion. All were in favor. Motion passed. 8.Director’s Report a. September Sales Tax Report The month of September resulted in an increase of almost 20% more sales tax revenue than September 2020. Joey Grisham explained we ended the year 400,000 more than projected and continue to trend 20% more year over year. b. Strategic Plan Update A printed copy of the annual report for FY2021 was provided to the Board and the City Council. A monthly update was also in the packet for October and November. Several key items will be accomplished this fiscal year. Newsletter subscribers and LinkedIn followers increased. c. ED Coordinator Search Update Officers: Staff: Anthony Richardson, President Joey Grisham, Director of Economic Development Bruce Norwood, Vice-President Taylor Lough, Assistant Director of Economic Development Rocio Gonzalez, Secretary Kimberly Garduno will begin December 13. She is currently Assistant to the City Manager in DeSoto and previously worked in Mesquite. She is a Baylor grad and has a master’s in public administration from the University of Texas at Dallas. She will be introduced at the next Council meeting and attending future Board meetings. d. ICSC Red River (Feb. 1-3) in Dallas Please let staff know if you would like to attend. The event will be held at the Kay Bailey Convention Center. 9.Receive reports from staff or Board Members about items of community interest. The Business Appreciation Lunch will be held on Thursday, December 16th at 11:30 a.m. at First Anna. The Christmas Parade will take place Saturday, December 11th at Noon, a vendor fair will also be held that afternoon and the Christmas Tree Lighting starts at 5:00 p.m. 10.Adjourn. Anthony Richardson made a motion to adjourn the meeting at 7:11 p.m. Rocio Gonzalez seconded the motion. All were in favor. Motion passed. APPROVED: ATTESTED: Anthony Richardson Rocio Gonzalez President of CDC/EDC Secretary of CDC/EDC Item No. 5.b. EDC/CDC Agenda Staff Report Meeting Date:1/6/2022 Staff Contact: AGENDA ITEM: Consider/Discuss/Act on approving minutes from the December 2, 2021 Joint Community Development Corporation and Economic Development Corporation Meeting. (EDC) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: 1.December 2 2021 CDC EDC Joint Meeting Minutes Officers: Staff: Anthony Richardson, President Joey Grisham, Director of Economic Development Bruce Norwood, Vice-President Taylor Lough, Assistant Director of Economic Development Rocio Gonzalez, Secretary Anna Community Development Corporation and Anna Economic Development Corporation Regular Meeting Minutes Thursday, December 2, 2021, at 6:00 pm City of Anna, City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The Anna Community Development Corporation and the Anna Economic Development Corporation conducted a regular called meeting at 6:00 p.m. on Thursday, December 2, 2021, at the Anna City Hall Council Chambers, Anna, Texas 75409. A video recording of the open session portions of the meeting may be viewed online at the City of Anna’s website: https://www.annatexas.gov/962/AgendasMinutes CDC and EDC Board Members Present: Anthony Richardson, Shane Williams, Rocio Gonzalez, Kylee Kelley Bruce Norwood, Michelle Hawkins, and Matthew Seago. CDC and EDC Board Members Absent: None. Others Present: Joey Grisham (Director of Economic Development), Taylor Lough (Assistant Director of Economic Development), and Lee Miller Mayor Pro Tem) Others Participating Remotely: Clark McCoy (Attorney). 1.Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 6:05 p.m. 2.Invocation and Pledge. Invocation and Pledge of Allegiance were led by Anthony Richardson. 3.Neighbor Comments. None. 4.Consent Agenda. a.Consider/Discuss/Act on approving minutes from the November 4, 2021, Joint Community Development Corporation and Economic Development Corporation Meeting. (CDC) b.Consider/Discuss/Act on approving minutes from the November 4, 2021, Joint Community Development Corporation and Economic Development Corporation Meeting. (EDC) Officers: Staff: Anthony Richardson, President Joey Grisham, Director of Economic Development Bruce Norwood, Vice-President Taylor Lough, Assistant Director of Economic Development Rocio Gonzalez, Secretary Shane Williams made a motion on behalf of the CDC and EDC to approve the consent agenda. Kylee Kelley seconded the motion. All were in favor. Motion passed. 5.CLOSED SESSION (exceptions): a. Deliberate regarding the purchase, exchange, lease or value of real property. Tex. Gov’t Code §551.072) possible property acquisition; possible land sale/purchase; Anna Business Park. b. Consult with legal counsel on matters 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 Chapter 551 of the Government Code Tex. Gov’t Code §551.071) ; Grant program; Lease agreement and professional services contract. c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or, (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087) Anna Business Park Property; potential commercial, retail and medical projects. Bruce Norwood made a motion to enter closed session. Michelle Hawkins seconded the motion. All were in favor. Motion passed. CDC Board entered closed session at 6:08 p.m. 6.Reconvene into open session and take any action on closed session items. Anthony Richardson made a motion to reconvene into open session. Matthew Seago seconded the motion. All were in favor. Motion passed. The CDC reconvened into open session at 6:15 p.m. 7.Individual Consideration a. Consider/Discuss/Act on a resolution approving a Land Lease Agreement with New Cingular Wireless PCS, LLC for a cell tower at the Anna Business Park. Joey Grisham explained that the EDC has been discussing placing a cell tower on the Anna Business Park property for the last few months. A draft agreement was sent to the Board. The tower would take 3,600 square feet of space on land the EDC would continue to own with the initial term being five years with nine additional five-year terms with a 12% increase in rent after each term. The EDC would also have a revenue share for each tenant on the tower. The increased cellular service to the southern portion of Anna would be a benefit. Clark McCoy stated there is some language in the agreement that we are waiting for so if approved, please do so subject to legal form. He also explained the Public Works Director has reviewed as well. Bruce Norwood made a motion on behalf of the CDC to approve a resolution authorizing the Board President to execute an option and land lease agreement with New Cingular Officers: Staff: Anthony Richardson, President Joey Grisham, Director of Economic Development Bruce Norwood, Vice-President Taylor Lough, Assistant Director of Economic Development Rocio Gonzalez, Secretary Wireless PCS, LLC subject to approval as to legal form. Shane Williams seconded the motion. All were in favor. Motion passed. Bruce Norwood made a motion on behalf of the EDC to approve a resolution authorizing the Board President to execute an option and land lease agreement with New Cingular Wireless PCS, LLC subject to approval as to legal form. Matthew Seago seconded the motion. All were in favor. Motion passed. b. Consider/Discuss/Act on a resolution approving an agreement for retail marketing and recruitment services. (CDC) Joey Grisham explained that retail and restaurant recruitment is crucial for the community and a priority from both the City of Anna Strategic Plan and Economic Development Strategic Plan. Since the approval of the Economic Development Strategic Plan, we have discussed hiring a third party to develop a retail market assessment and help recruit retail to Anna. During the last meeting, three separate groups presented to the Board with Jason Claunch opting to partner with Retail Strategies. Staff recommended looking at the Retail Coach, Navi Retail and Retail Strategies, stating that the goal is to work with Jason Claunch on some individual projects in the future. Mr. Grisham also went through comments made from the Board regarding each firm. Anthony Richardson stated he believed staff could work with each group. Kylee Kelley appreciated Navi Retail’s analytical approach and Michelle Hawkins liked Navi’s description of themselves as boutique. Bruce Norwood also appreciated the description of Navi Retail and liked The Retail Coach’s presentation. Joey Grisham added these groups would be responsible for setting up meetings for us at various events. Their studies and information would be completely customizable, beyond what staff could access ourselves. Anthony Richardson made a motion to approve a resolution authorizing the Economic Development Director to execute a contract for retail recruitment and marketing and enter into a professional services agreement with Navi Retail not to exceed $48,000 subject to approval as to legal form. Shane Williams seconded the motion. All were in favor. Motion passed. 8.Director’s Report a. September Sales Tax Report The month of September resulted in an increase of almost 20% more sales tax revenue than September 2020. Joey Grisham explained we ended the year 400,000 more than projected and continue to trend 20% more year over year. b. Strategic Plan Update A printed copy of the annual report for FY2021 was provided to the Board and the City Council. A monthly update was also in the packet for October and November. Several key items will be accomplished this fiscal year. Newsletter subscribers and LinkedIn followers increased. c. ED Coordinator Search Update Officers: Staff: Anthony Richardson, President Joey Grisham, Director of Economic Development Bruce Norwood, Vice-President Taylor Lough, Assistant Director of Economic Development Rocio Gonzalez, Secretary Kimberly Garduno will begin December 13. She is currently Assistant to the City Manager in DeSoto and previously worked in Mesquite. She is a Baylor grad and has a master’s in public administration from the University of Texas at Dallas. She will be introduced at the next Council meeting and attending future Board meetings. d. ICSC Red River (Feb. 1-3) in Dallas Please let staff know if you would like to attend. The event will be held at the Kay Bailey Convention Center. 9.Receive reports from staff or Board Members about items of community interest. The Business Appreciation Lunch will be held on Thursday, December 16th at 11:30 a.m. at First Anna. The Christmas Parade will take place Saturday, December 11th at Noon, a vendor fair will also be held that afternoon and the Christmas Tree Lighting starts at 5:00 p.m. 10.Adjourn. Anthony Richardson made a motion to adjourn the meeting at 7:11 p.m. Rocio Gonzalez seconded the motion. All were in favor. Motion passed. APPROVED: ATTESTED: Anthony Richardson Rocio Gonzalez President of CDC/EDC Secretary of CDC/EDC Item No. 6.a. EDC/CDC Agenda Staff Report Meeting Date:1/6/2022 Staff Contact: AGENDA ITEM: Consider/Discuss/Act on a resolution approving an Agreement with Wolfe, Tidwell, & McCoy, LLP for legal services. (EDC) SUMMARY: Clark McCoy of Wolfe, Tidwell, & McCoy, LLP has represented the CDC and EDC for several years and has not asked for any fee increases for quite some time. This Agreement updates the fee structure. STAFF RECOMMENDATION: Motion on behalf of the EDC to adopt a resolution approving an Agreement with Wolfe, Tidwell, & McCoy for legal services and authorizing the Board President to execute the Agreement. ATTACHMENTS: 1.Res re attorney agreement C08010D20211222CR1 ANNA EDC RESOLUTION NO. _______________ Page 1 of 1 ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. ____________ A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION, APPROVING A WRITTEN AGREEMENT FOR LEGAL SERVICES AND AUTHORIZING THE PRESIDENT TO EXECUTE SAID AGREEMENT. WHEREAS, the Anna Economic Development Corporation desires to enter into a written agreement with Wolfe, Tidwell & McCoy, LLP relating to provision of legal services and fees and expenses related thereto (the “Agreement”); NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION: Section 1. The recitals set forth above are incorporated herein by reference as if fully set forth for all purposes. Section 2. The Agreement is hereby approved and the President’s execution of the Agreement is hereby authorized and approved. PASSED AND APPROVED by the Anna Economic Development Corporation this the day of ___________________, 2022. APPROVED Anthony Richardson President ATTEST: Rocio Gonzalez Secretary WOLFE, TIDWELL & MCCOY, LLP DALLAS I FRISCO I SHERMAN Mr. Anthony Richardson ATTORNEYS & COUNSELORS FRISCO 2591 DALLAS PARKWAY, SUITE 205 FRISCO, TEXAS 75034 Tel 972.712.3530 Fax 972.712.3540 December 22, 2021 President Anna Economic Development Corporation c/o City of Anna Economic Development Director Re: Letter of Engagement for Legal Services Dear Anthony: www.wfmlaw.nef WRITER'S EMAIL-CmCCay@wfmlaw.nef This letter confirms that Anna Economic Development Corporation (the "Corporation") has engaged the law firm of Wolfe, Tidwell & McCoy, LLP (the "Firm") as the Corporation's legal counsel on an as -needed basis for the provision of legal services. The Firm will be compensated for provision of said services at the rate of $200/hr for partner -attorney time, $165/hr for senior -attorney time, $130/hr for associate attorney time and $95/hr paralegal/legal assistant time. The Firm will also be reimbursed for all reasonable expenses incurred in providing said services including, but not limited to: photocopies, postage, long-distance telephone calls, approved travel, filing/recording fees, court costs, depositions, and any other expenses that are incidental and necessary to providing the Firm's services to the Corporation. Fees and expenses will be itemized on a written invoice and billed to the Corporation on a monthly basis and are due and payable upon receipt of the invoice. The invoice will contain a detailed description of the services rendered, with time broken down into tenth -of -an -hour increments, identifying the person performing the work, and a description of all incidental expenses. The Firm guarantees provision of services at the newly agreed -upon rates through September 30, 2023. For subsequent years, the Firm may increase its rate by a maximum of 4% annually by providing written notice to the City of Anna Economic Development Director on or before July 31 to subsequently take effect October 1 of the year of such increase. Reimbursement for costs and expenses will continue to be reimbursed as described above. Fees and expenses will continue to be itemized on a written invoice and billed to the City on a monthly basis and are due and payable upon receipt of the invoice. Invoices will continue to contain a detailed description of the services rendered, with time broken down into tenth -of -an -hour increments, identifying the person performing the work, and a description of all incidental expenses. WOLFE, TIDWELL & McCOY, LLP Mr. Anthony Richardson RE: Letter of Engagement for Legal Services December 22, 2021 Page 2 If this letter confirms the understanding of the Corporation, please execute where indicated below and return a copy of same to my office at your earliest convenience. Please let me know if you have any questions. Thank you. Sincerely, Clark McCoy AGREED: By: Anthony Richardson, President Anna Economic Development Corporation Item No. 6.b. EDC/CDC Agenda Staff Report Meeting Date:1/6/2022 Staff Contact: AGENDA ITEM: Consider/Discuss/Act on a resolution approving an Agreement with Wolfe, Tidwell, & McCoy, LLP for legal services. (CDC) SUMMARY: Clark McCoy of Wolfe, Tidwell, & McCoy, LLP has represented the CDC and EDC for several years and has not asked for any fee increases for quite some time. This Agreement updates the fee structure. STAFF RECOMMENDATION: Motion on behalf of the CDC to adopt a resolution approving an Agreement with Wolfe, Tidwell, & McCoy, LLP for legal services and authorizing the Board President to execute the Agreement. ATTACHMENTS: 1.Res re attorney agreement C08009D20211222CR1 ANNA CDC RESOLUTION NO. _______________ Page 1 of 1 ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. ____________ A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION, APPROVING A WRITTEN AGREEMENT FOR LEGAL SERVICES AND AUTHORIZING THE PRESIDENT TO EXECUTE SAID AGREEMENT. WHEREAS, the Anna Community Development Corporation desires to enter into a written agreement with Wolfe, Tidwell & McCoy, LLP relating to provision of legal services and fees and expenses related thereto (the “Agreement”); NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION: Section 1. The recitals set forth above are incorporated herein by reference as if fully set forth for all purposes. Section 2. The Agreement is hereby approved and the President’s execution of the Agreement is hereby authorized and approved. PASSED AND APPROVED by the Anna Community Development Corporation this the day of ___________________, 2022. APPROVED Anthony Richardson President ATTEST: Rocio Gonzalez Secretary WOLFE, TIDWELL & MCCOY, LLP DALLAS I FRISCO I SHERMAN Mr. Anthony Richardson ATTORNEYS & COUNSELORS FRISCO 2591 DALLAS PARKWAY, SUITE 205 FRISCO, TEXAS 75034 Tel 972.712.3530 Fax 972.712.3540 December 22, 2021 President Anna Community Development Corporation c/o City of Anna Economic Development Director Re: Letter of Engagement for Legal Services Dear Anthony: www.wfmlaw.nef WRITER'S EMAIL-CmCCay@wfmlaw.nef This letter confirms that Anna Community Development Corporation (the "Corporation") has engaged the law firm of Wolfe, Tidwell & McCoy, LLP (the "Firm") as the Corporation's legal counsel on an as -needed basis for the provision of legal services. The Firm will be compensated for provision of said services at the rate of $200/hr for partner -attorney time, $165/hr for senior -attorney time, $130/hr for associate attorney time and $95/hr paralegal/legal assistant time. The Firm will also be reimbursed for all reasonable expenses incurred in providing said services including, but not limited to: photocopies, postage, long-distance telephone calls, approved travel, filing/recording fees, court costs, depositions, and any other expenses that are incidental and necessary to providing the Firm's services to the Corporation. Fees and expenses will be itemized on a written invoice and billed to the Corporation on a monthly basis and are due and payable upon receipt of the invoice. The invoice will contain a detailed description of the services rendered, with time broken down into tenth -of -an -hour increments, identifying the person performing the work, and a description of all incidental expenses. The Firm guarantees provision of services at the newly agreed -upon rates through September 30, 2023. For subsequent years, the Firm may increase its rate by a maximum of 4% annually by providing written notice to the City of Anna Economic Development Director on or before July 31 to subsequently take effect October 1 of the year of such increase. Reimbursement for costs and expenses will continue to be reimbursed as described above. Fees and expenses will continue to be itemized on a written invoice and billed to the City on a monthly basis and are due and payable upon receipt of the invoice. Invoices will continue to contain a detailed description of the services rendered, with time broken down into tenth -of -an -hour increments, identifying the person performing the work, and a description of all incidental expenses. WOLFE, TIDWELL & McCOY, LLP Mr. Anthony Richardson RE: Letter of Engagement for Legal Services December 22, 2021 Page 2 If this letter confirms the understanding of the Corporation, please execute where indicated below and return a copy of same to my office at your earliest convenience. Please let me know if you have any questions. Thank you. Sincerely, C#' cl�--), Clark McCoy AGREED: By: Anthony Richardson, President Anna Community Development Corporation Item No. 7. EDC/CDC Agenda Staff Report Meeting Date:1/6/2022 Staff Contact: AGENDA ITEM: Director's Report. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Item No. 7.a. EDC/CDC Agenda Staff Report Meeting Date:1/6/2022 Staff Contact: AGENDA ITEM: October Sales Tax Report/November Budget Update SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: 1.2022 Monthly Sales Tax Report 2.CDC SALES TAX COLLECTIONS FY22 3.FY2022 Period 2 November CDC EDC October $ 417,343 November December January February March April May June July August September $ 417,343 24.4% $ 335,454 340,156 419,319 338,879 292,405 441,021 375,823 385,457 467,686 432,097 406,214 453,292 $ 4,687,804 Budget: 4,390,000 9.5% 4,300,000 $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 Monthly Sales Tax Collections: 3 Year Comparison ,o < � �m �� P 5_O' k1 FY2021-22 ❑ FY2020-21 ®FY2019-20 0 CITY OF IF COMMUNITY DEVELOPMENT CORPORATION Schedule of Sales Tax Collections % Change2021-22 Collections from i Monthly Prior Year Monthly October $ 156,504 24.4% $ 125,795 November 127,559 December 157,245 January 127,080 February 109,652 March 165,383 April 140,934 May 144,546 June 175,382 July 162,036 August 152,330 September 169,985 $ 156,504 $ 1,757,926 Monthly Sales Tax Collections: 3 Year Comparison $200,000 $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,0000 J $ '0 <z FY2021-22 u FY2020-21 i FY2019-20 Budget Report For Fiscal: 2021-2022 Period Ending: 11/30/2021 12/6/2021 11:00:45 AM Page 40 of 83 Fiscal Acvity Variance Favorable Unfavorable) Percent Remaining Current Total Budget Period Acvity Original Total Budget Fund: 890 - Community Development Corporation Department: 825 - Community Development Corporation Salaries 292,734.00 39,238.10 253,495.90 86.60 %19,957.39890-825-61010 292,734.00 Miscellaneous Payroll 100.00 0.00 100.00 100.00 %0.00890-825-61019 100.00 Payroll Taxes-City Part FICA 22,394.00 2,286.31 20,107.69 89.79 %1,163.83890-825-61110 22,394.00 Health Insurance 31,866.00 69.90 31,796.10 99.78 %0.00890-825-61210 31,866.00 TMRS Retirement 40,368.00 5,293.99 35,074.01 86.89 %2,694.28890-825-61220 40,368.00 Unemployment 750.00 177.43 572.57 76.34 %177.43890-825-61230 750.00 Worker's Compensation 1,318.00 465.57 852.43 64.68 %465.57890-825-61240 1,318.00 Travel/Training Expense 0.00 1,023.61 -1,023.61 0.00 %296.80890-825-61710 0.00 Office Supplies 2,000.00 102.85 1,897.15 94.86 %41.18890-825-62011 2,000.00 Other Supplies - Misc. 4,000.00 271.51 3,728.49 93.21 %271.51890-825-62012 4,000.00 Postage 100.00 0.00 100.00 100.00 %0.00890-825-62210 100.00 Clothing Supplies 1,000.00 90.28 909.72 90.97 %90.28890-825-62310 1,000.00 IT Supplies 3,500.00 0.00 3,500.00 100.00 %0.00890-825-62910 3,500.00 Telecom 700.00 0.00 700.00 100.00 %0.00890-825-66040 700.00 Contract Services 268,625.00 10,710.00 257,915.00 96.01 %5,355.00890-825-67000 246,775.00 Promotion Expense 163,000.00 5,834.00 157,166.00 96.42 %2,917.00890-825-67016 185,000.00 Legal Expense 14,000.00 0.00 14,000.00 100.00 %0.00890-825-67019 14,000.00 Audit Expense 7,500.00 0.00 7,500.00 100.00 %0.00890-825-67020 7,500.00 Public Notices - Advertising 250.00 0.00 250.00 100.00 %0.00890-825-67031 250.00 Economic Development Grant Expe 575,000.00 0.00 575,000.00 100.00 %0.00890-825-67053 575,000.00 Insurance - Property & Liability 3,500.00 3,500.00 0.00 0.00 %3,500.00890-825-67058 3,500.00 Dues, Publications & Licenses 6,075.00 0.00 6,075.00 100.00 %0.00890-825-67061 5,925.00 Travel/Training Expense 31,495.00 995.04 30,499.96 96.84 %995.04890-825-67200 31,495.00 Interest Expense 167,463.00 0.00 167,463.00 100.00 %0.00890-825-67790 167,463.00 Debt-Service Principal 160,000.00 0.00 160,000.00 100.00 %0.00890-825-71090 160,000.00 Department: 825 - Community Development Corporation Total: 70,058.5937,925.311,797,738.00 1,797,738.00 1,727,679.41 96.10 % Fund: 890 - Community Development Corporation Total: 70,058.5937,925.311,797,738.00 1,797,738.00 1,727,679.41 96.10 % Budget Report For Fiscal: 2021-2022 Period Ending: 11/30/2021 12/6/2021 11:00:45 AM Page 41 of 83 Fiscal Acvity Variance Favorable Unfavorable) Percent Remaining Current Total Budget Period Acvity Original Total Budget Fund: 900 - Economic Development Corporation Department: 826 - Economic Development Corporation Maint. & Repair - Buildings 3,000.00 150.04 2,849.96 95.00 %0.00900-826-63012 3,000.00 Electricity 3,500.00 806.76 2,693.24 76.95 %372.31900-826-66010 3,500.00 Gas - Natural/Propane 1,050.00 131.63 918.37 87.46 %68.75900-826-66020 1,050.00 Telecom 2,000.00 358.10 1,641.90 82.10 %201.97900-826-66040 2,000.00 Contract Services 64,200.00 2,319.32 61,880.68 96.39 %739.86900-826-67000 64,200.00 Legal Expense 6,000.00 0.00 6,000.00 100.00 %0.00900-826-67019 6,000.00 Audit Expense 5,000.00 0.00 5,000.00 100.00 %0.00900-826-67020 5,000.00 Insurance - Property & Liability 1,050.00 1,050.00 0.00 0.00 %1,050.00900-826-67058 1,050.00 Department: 826 - Economic Development Corporation Total: 4,815.852,432.8985,800.00 85,800.00 80,984.15 94.39 % Fund: 900 - Economic Development Corporation Total: 4,815.852,432.8985,800.00 85,800.00 80,984.15 94.39 % Report Total: 4,048,452.77 5,674,620.3551,932,739.00 62,938,392.00 57,263,771.65 90.98 % Item No. 7.b. EDC/CDC Agenda Staff Report Meeting Date:1/6/2022 Staff Contact: AGENDA ITEM: Strategic Plan Update SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Item No. 7.c. EDC/CDC Agenda Staff Report Meeting Date:1/6/2022 Staff Contact: AGENDA ITEM: ICSC Red River / February Meeting Date SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Item No. 8. EDC/CDC Agenda Staff Report Meeting Date:1/6/2022 Staff Contact: AGENDA ITEM: Closed Session. a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov’t Code §551.072) possible property acquisition possible land sale/purchase Anna Business Park. b. Consult with legal counsel on matters 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 Chapter 551 of the Government Code (Tex. Gov’t Code §551.071) Lease agreement and professional services contract.c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations or, (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’ t Code §551.087) Anna Business Park Property potential retail and medical projects. SUMMARY: STAFF RECOMMENDATION:ATTACHMENTS: