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HomeMy WebLinkAboutCDCpkt2012-03-08March 8, 2012 Regular Meeting Packet obit �evl AGENDA REGULAR MEETING OF ANNA COMMUNITY DEVELOPMENT CORPORATION March 8. 2012 at 5:00 p.m.' COMMUNITY ANNA CITY HALL ADMINISTRATION BUILDING, DEVCOMENr RPORATION CPO111 N. POWELL PKWY., ANNA, TEXAS The Anna Community Development Corporation will conduct a special meeting at 5:00 p.m.' on March 8, 2012, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to consider the following items: 1. Call to Order. 6 " ', I I� 2. Roll Call and Establishment of Quorum. Dvo'ru F-Aqs' 3. Invocation and Pledge. 4. Consider/Discuss/Action regarding passingresolute tiion'to hire a CPA to complete IRS form 990, /� i� 5. Review of bills and fiscal year 2011-12 budget. ,Ir -;i 6. Consider/Discuss/Action"'regarding approving the regular meeting minutes from February 2, 2012 and February14, 2012.�1 nr ' 1 JW C/14 7. Adjourn. r This is to certify that I, Jessica Perkins, Chief Administrative Officer, 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., March 5, 2012. Ossica Perk n , Chief Administrative Officer I ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. 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 conceming 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. COMMUNITY DEVELOPMENT CORPORATION Meeting: March S, 2012 Budgeted Amount: n/a Item No. 4 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: _X_ Yes —No AGENDA SUBJECT: Consider/Discuss/Action regarding passing a resolution to hire a CPA to complete IRS form 990. SUMMARY: The CDC tax designation as a 501 c 3 requires the CDC to file an IRS form 990. This should be completed by a tax professional. The City's auditor's office has experience completing the 990 form. Attached is the letter of engagement with LaFollett CPA's. STAFF RECOMMENDATION: Staff recommends that you adopt the resolution. ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION AUTHORIZING THE CHIEF ADMINISTRATIVE OFFICER TO ACT ON THE BOARD'S BEHALF IN EXECTUING A CONTRACT FOR CONSULTING SERVICES TO ASSIST WITH IRS FORM 990 WHEREAS, the Anna Community Development Corporation (the "CDC") desires to authorize their Chief Administrative Officer to procure the professional consulting services of LaFollett and Company PLLC Certified Public Accounts for assistance with completing and filing IRS Form 990; and WHEREAS, the CDC has determined that the above -referenced services are in the best interests of the CDC and the City of Anna; and NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority to Execute Consulting Services Agreement The Board of Directors of the Anna Community Development Corporation authorizes the Chief Administrative Officer to execute, on behalf of the CDC, and subject to approval of the form and content by the CDC's legal counsel and final approval by the City of Anna City Council, a contract with LaFollett and Company PLLC for professional tax services not to exceed $1250 without further Board approval, said authority to include execution of all necessary documents to consummate the business relationship with said consultant. PASSED AND APPROVED by the Anna Community Development Corporation this day of 2012. APPROVED: Jason Focht, CDC President ATTEST: Sherilyn Godfrey, CDC Secretary ANNA CDC RESOLUTION NO._ PAGE 1 OF 1 February 23, 2012 Jessica Perkins Anna CDC P.O. Box 776 Anna, TX 75409 and Company PLLC Certified Public Accountants RE: Engagement Letter for September 30, 2011 IRS Form 990 Return Dear Jessica: This letter is to confirm and specify the terms of our engagement with you and to clarify the nature and extent of the services we will provide. In order to ensure an understanding of our mutual responsibilities, we ask all clients for whom returns are prepared to confirm the following arrangements. We will prepare the September 30, 2011 and future period Form 990 Return of Organization Exempt From Income Tax return from information which you will furnish to us. We will not audit or otherwise verify the data you submit, although it may be necessary to ask you for clarification of some of the information. It is your responsibility to provide all the information required for the preparation of complete and accurate return. You should retain all documents, cancelled checks and other data that form the basis of income and deductions. These may be necessary to prove the accuracy and completeness of the return to a taxing authority. You represent to us that the information you are supplying to us is accurate and complete to the best of your knowledge. We are not responsible for disallowed deductions, or the inclusion of additional unreported income or any resulting taxes, penalties, or interest. You have the final responsibility for the income tax return and, therefore, you should review them carefully before you sign them. Our work in connection with the preparation of your income tax return does not include any procedures designed to discover defalcations and/or irregularities, should any exist. We will render such accounting and bookkeeping assistance as determined to be necessary for preparation of the income tax return. Your return may be selected for review by the taxing authorities. Any proposed adjustments by the examining agent are subject to certain rights of appeal. In the event of such government tax examinations, we will be available upon request to represent you and will render additional invoices for the time and expenses incurred. These services are not included in our fee for preparation of your return. You understand that, in the event of preparer error, you are responsible for additional tax and interest that may be due, but our responsibility is to pay for any penalty that the IRS may asses. LaFollett & Company PLLC PO Box 717 • Tom Bean, TX - 75489 903-546-6975 • www.lafollettcpa.com Your Form 990 tax return was due February 15, 2012 and is considered late. Normally, an extension may be made to May 15, 2012. An extension request is for additional time to file the return, not for additional time to nay tax. If you would like for us to prepare the extension request, please call, fax, or email us as noted below as soon as possible. We estimate our fees for these services to be $1,250 for the 2011 return and to correspond with the IRS regarding the late filing. Fees for future periods will range from $750 to $1,000. Also, we will prepare a form 1128 Request for Change of Year End to correct the documented year end from December 31 to the correct September 30 year end. Our fee for this form will be $250. Our invoices are due upon receipt. Before beginning any work on this engagement, we request a retainer fee of $300. If you have any questions about this, please call Susan LaFollett or Kim Cross by phone at (903) 546- 6975, by fax at (903) 546-6017, or by email at susan.lafollett@lafollettcoa.com or kim. crossna,lafol lettcpa.com. If the foregoing fairly sets forth your understanding, please sign the enclosed copy of this letter in the space indicated and return it to our office. However, if there are other tax returns you expect us to prepare, please inform us by noting so at the end of the return copy of this letter and return to LaFollett & Company PLLC, 118 Cottonbelt, PO Box 717, Tom Bean, TX 75489-0717. We want to express our appreciation for this opportunity to work with you. Sincerely, "0 07 LaFollett & Company PLLC Certified Public Accountants Response: This letter sets forth the understanding of Anna CDC Print Name: Officer Signature: Title: Date: Foray" 1ZOOM dNm1 Meeting: March 8.2012 Budgeted Amount: n/a Item No. 5 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: _X—Yes No AGENDA SUBJECT: Review of bills and fiscal year 2011-12 budget. SUMMARY: n/a STAFF RECOMMENDATION: n/a DEVELOPMENT CORPORATION Meeting: March 8.2012 Budgeted Amount: n/a Item No. 6 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: X Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding approving the regular meeting minutes from February 2, 2012 and Februaryl4, 2012. SUMMARY: n/a STAFF RECOMMENDATION: Staff recommends you approve the minutes. The Community Development Corporation ("CDC") of the City of Anna met at 5:04 p.m., Thursday, February 2, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. Call to Order Duane Hayes, Treasurer, called the meeting to order and the following items were presented to the Board for its consideration after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Duane Hayes, John Houcek, Sherilyn Godfrey, Connie Stump, and Jason Focht. Director Gene Bowles was absent. A quorum was declared present and the floor was open for business. Others in attendance were: Philip Sanders, City Manager; Maurice Schwanke, ; Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. 3. Invocation and Pledge Duane Hayes gave the Invocation and led the Board in the Pledge of Allegiance. 4. Consider/Discuss/Action regarding accepting Jason Schilli's resignation from the Board. Jason Schilli, due to the growth of his business, cannot continue to serve on the CDC board. Therefore, he submitted his resignation to Jessica Perkins on January 9, 2012. John Houck made a motion to accept his resignation. Connie Stump seconded the motion. Motion carried. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. 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 Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-02-2012 Regular CDC Minutes.doc MINUTES OF REGULAR MEETING OF THE I r+491a'iai COMMUNITY DEVELOPMENT CORPORATION 001.11, UNIT", I: YELO PL1EI1i OORPORATI911 Thursday, February 2, 2012 The Community Development Corporation ("CDC") of the City of Anna met at 5:04 p.m., Thursday, February 2, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. Call to Order Duane Hayes, Treasurer, called the meeting to order and the following items were presented to the Board for its consideration after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Duane Hayes, John Houcek, Sherilyn Godfrey, Connie Stump, and Jason Focht. Director Gene Bowles was absent. A quorum was declared present and the floor was open for business. Others in attendance were: Philip Sanders, City Manager; Maurice Schwanke, ; Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. 3. Invocation and Pledge Duane Hayes gave the Invocation and led the Board in the Pledge of Allegiance. 4. Consider/Discuss/Action regarding accepting Jason Schilli's resignation from the Board. Jason Schilli, due to the growth of his business, cannot continue to serve on the CDC board. Therefore, he submitted his resignation to Jessica Perkins on January 9, 2012. John Houck made a motion to accept his resignation. Connie Stump seconded the motion. Motion carried. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. 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 Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-02-2012 Regular CDC Minutes.doc 5. Consider/Discuss/Action regarding appointing a new president. The floor was opened for nominations. Jason Focht volunteered to serve as president. The floor for nominations was closed and Connie Stump made a motion to appoint Jason Focht as president of CDC. Sherilyn Godfrey seconded the motion. Motion carried. Once Jason Focht was appointed as President, he conducted the rest of the meeting. 6. Discussion regarding a grant application by the city to Texas Parks and Wildlife for trail construction (Maurice Schwanke). The City applied for and received a grant in the approximate amount of $196,000. This grant will cover eighty percent (80%) of the cost to build a park area with trails. To be eligible for this grant, the City will have to match the funds in the estimated amount of $49,200 (20%). The trail will follow Throckmorton Creek, west of Creekside subdivision, on land already owned by the City. Eventually, this trail will be connected to the rest of the trail system. AGENDA SUBJECT: CLOSED SESSION (exceptions): a. Deliberation regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072); 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); and, 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). Jason Focht read the foregoing into the record. Sherilyn Godfrey made a motion to enter closed session at 5:25 p.m. Connie Stump seconded the motion. Motion carried. After the business at hand was discussed, the Board returned to open session, at 6:00 p.m., after Connie Stump made a motion that was seconded by Sherilyn Godfrey. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. 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 Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-02-2012 Regular CDC Minutes.doc 8. Review of bills and fiscal year 2011-12 budget. There were no bills to review. A chart prepared by Jessica Perkins outlined the revenues and expenses from October 1, 2011, through January 25, 2012. 9. Consider/Discuss/Action regarding approving the regular meeting minutes from October 10, 2011, and November 8, 2011. Duane made a motion to approve the minutes as amended (a mistake in numbering in October 10, 2011 minutes). John Houcek seconded the motion. Motion carried. 10, Adjourn. Connie Stump made a motion to adjourn the meeting. Sherilyn Godfrey seconded the motion. Motion carried and the meeting adjourned at 6:03 p.m. APPROVED: Jason Focht President of CDC ATTESTED: Sherilyn Godfrey Secretary of CDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. 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 Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-02-2012 Regular CDC Minutes.doc