Loading...
HomeMy WebLinkAboutCDCpkt2015-09-03COMMUNITY DEVELOPMENI CORPORATION September 3, 2015 Meeting Packet MEETING AGENDA ANNA COMMUNITY DEVELOPMENT CORPORATION September 3, 2015 at 5:00 p.m.' ANNA CITY HALL ADMINISTRATION BUILDING, a t 111 N. POWELL PKWY., ANNA, TEXAS COMMUNITY DEVELOPMENT CORPORATION The Anna Community Development Corporation will conduct a meeting at 5:00 p.m.' on September 3. 2015, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to consider the following items: 1. Call to Order. ! ` 2. Roll Call and Establishment of Quorum. a ,. + 140 t J GL C—t; / b } ( ( 3. Invocation and Pledge. C,� i 4. Consider/Discuss/Action regarding approving a resolution for a fiscal year sponsorship agreement with the Greater Anna Chamber o ommerce. 5. CLOSED SESSION (exceptions): a. Deliberate 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); 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); agreement with Empowered Training Centre 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 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. 6. Consider/Discuss/Action regarding passing 6resolutio pproving the FY 2016 budget. 7. Consider/Discuss/Action regarding minutes from duly 1, 2015 and August 6, 2015. 8. Adjourn. rt 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. on August 31, 2015. Jes � Perkins, CKWOAdministrative Officer 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 AIX. Disabled persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-9243325 two working days prior to the meeting so that appropriate arrangements can be made. DEVELOPMENT CORPORATION Meeting: September 3, 2015 Staff Contact: Jessica Perkins Exhibits: x Yes No Item No. 4 Anna Community Development Corporation Agenda Staff Report AGENDA SUBJECT: Consider/Discuss/Action regarding approving a resolution for a fiscal year sponsorship agreement with the Greater Anna Chamber of Commerce. SUMMARY: The EDC and CDC have historically supported the annual events of the GACC. For the past several years the Corporations have entered into a fiscal year agreement for sponsorship. The annual agreement has allowed for better planning and budgeting. The GACC hosts 5 annual events a year: An Awards Banquet, Golf Tournament, July 4th Celebration, Fall Glow Fest, and the Christmas Parade. The CDC has previously funded the GACC at $20,500 for the FY year. This year the total amount of sponsorship being requested is $21,500. Glow Fest = $8000 Parade = $3000 Golf Tournament = $3000 July e = $7500 STAFF RECOMMENDATION: Staff recommends that you approve the resolution. ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION AUTHORZING THE CHIEF ADMINISTRATIVE OFFICER TO SIGN AN AGREEMENT WITH THE GREATER ANNA CHAMBER OF COMMERCE WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to expend funds in support the efforts of the Chamber; and WHEREAS, the CDC believes that funding the Chamber is a necessary promotional expense for the CDC and the Anna community; and WHEREAS, the CDC intends that said funds be used solely for the events outlined in Exhibit A, insurance coverage, and permits necessary for the events; 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. Approval of Agreement The CDC hereby authorizes the Chief Administrative Officer to sign an agreement with Greater Anna Chamber of Commerce attached hereto as EXHIBIT A. Section 3. Approval of Funding The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's promotional account in accordance with the procedures outline in EXHIBIT A. PASSED AND APPROVED by the Anna Community Development Corporation this day of 2015. I_1M11-00021 John Houcek, CDC President ATTEST: Sherilyn Godfrey, CDC Secretary CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 Exhibit A AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2015-2016 THIS AGREEMENT FOR SPONSORSHIP COMMITMENT (this "Agreement") is made by and between the Anna Community Development Corporation ("CDC"), and the Greater Anna Chamber of Commerce, Inc. ("GACC") and entered into on this day of 2015. Section 1. Summary During the CDC's 2015-2016 fiscal year, the CDC hereby promises to make certain payments to the GACC to sponsor certain GACC events that GACC promises will promote the CDC and the growth and the development of the City. The amount of each payment is specified under this Agreement for each corresponding GACC event. Each payment is to be provided to the GACC prior to each event, but is contingent upon GACC providing a letter of intent to organize and hold the corresponding event and meet the corresponding benchmarks set forth herein, as well as to adequately promote the CDC and the City. Section 2. Definitions For purposes of this Agreement, the following meanings shall apply: (a) City shall mean the City of Anna, Texas. (b) CDC shall mean the Anna Community Development Corporation, a Texas nonprofit corporation. (c) GACC shall mean the Greater Anna Chamber of Commerce, Inc., a Texas nonprofit corporation. (d) Sponsor shall mean a person or corporation that pays or provides something of value to the GACC in connection with a GACC event in exchange for GACC providing promotional marketing or any other benefits associated with the GACC event. (e) Sponsorship Benefits shall mean at least that amount of sponsorship designation, advertising in print and broadcast media, marketing materials and opportunities, onsite and offsite signage and marketing, public relations benefits and all other benefits listed in this Agreement and/or otherwise available that would promote the CDC to an extent equal to or greater than any other Sponsor of the GACC event in question. In other words, Sponsorship Benefits shall provide the CDC with at least "equal billing" compared with any other Sponsor and shall provide the highest level of promotional or other benefits made available or provided to any other Sponsor, regardless of the amounts paid by the CDC as compared with other Sponsor Designation includes and shall mean: AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2015-2016 PAGE 1 OF 9 (1) the CDC shall be named as a Sponsor of the GACC event, that the CDC may use the same designation in all GACC-approved advertising, merchandising and promotions; and (2) the CDC shall have first right of refusal as a Sponsor of any subsequent events arising out of any of the GACC events in future years. Section 3. General Requirements 3.01 Letter of Intent The GACC agrees to provide to the CDC a letter of intent prior to each event and prior to the CDC's payment to GACC of any funds for such event. The letter of intent will be drafted on a standard form attached as "Exhibit A", and incorporated herein as if set forth in full. The letter of intent shall include a promise by the GACC to organize and hold the specific event setting forth its purpose and goals including the benchmark provisions set forth in this Agreement and shall constitute further binding contractual responsibilities of the GACC to attain those benchmarks and adequately promote the CDC. The letter of intent for any given event may set forth a different amount requested to be paid by the CDC than the amount estimated for such event as set forth in Section 4 of this Agreement. 3.02 Sponsorship Benefits The GACC agrees to furnish all materials, equipment, tools and other items necessary to provide Sponsorship Benefits to the CDC, and, in addition, all Sponsor Designations, advertising in print and broadcast media, marketing materials and opportunities, onsite and offsite signage and marketing, and all other public relations and promotional benefits as further described in this Agreement under each specific event. Advertising in print and broadcast media includes the CDC's identification as Sponsor on all print advertising secured promoting the GACC event. All such advertising shall reference the CDC as: The City of Anna Community Development Corporation. Marketing materials and opportunities, onsite signage and marketing, and public relations benefits will be provided for under each specific event in this Agreement. Section 4. GACC Events The GACC and CDC anticipate CDC sponsorship of the following events and provides specific terms of compensation, Sponsorship Benefits, goals and benchmarks to gauge promotional impact: 4.01 Glowfest 2015 Name/Purpose: Glowfest 2015, Community Fall Festival AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2015-2016 PAGE 2 OF 9 Date, Time, Location of Event: All Day on Saturday, October 24, 2015 at Slater Creek Park (and surrounding private property) Deadline for GACC to provide letter of intent to CDC: Monday, September 24, 2015 Estimated Compensation amount: $8,000.00 Due Date of Payment: Monday, October 5, 2015 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on pre -event banners; CDC Logo on registration form; listed as "Platinum Level" sponsor in newspaper advertisement and article Promotional Benchmark Requirements: GACC will provide approximate headcount of attendees' and geographic locations where attendees reside. 4.02 2015 Christmas Parade and Winter Wonderfest Name/Purpose: 2015 Christmas Parade and Winter Wonderfest- Community Festival and Parade Date, Time, Location of Event: All Day on Saturday, December 12, 2015, parade route Deadline for GACC to provide letter of intent to CDC: Monday, November 10, 2015 Estimated Compensation amount: $3,000.00 Due Date of Payment: Monday, November 24, 2015 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on pre -event banners; CDC Logo on registration forms; listed as sponsor in newspaper advertisement and article Promotional Benchmark Requirements: GACC will provide a count or list of float participation. 4.03 2016 Golf Tournament Name/Purpose: 2016 Goff Tournament, Networking event for current GACC members as well as a promotion to prospective new members and businesses Date, Time, Location of Event: All Day on Monday, April 18, 2016, Hurricane Creek Country Club Deadline for GACC to provide letter of intent to CDC: Monday, March 18, 2016 Estimated Compensation amount: $3,000.00 AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2015-2016 PAGE 3 OF 9 Due Date of Payment: Monday, March 30, 2016 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on postcard distributed throughout Anna, Van Alstyne, Melissa, Sherman & McKinney, Recognition as Title Sponsor in Program and on signage the day of the event, opportunity to display promotional material, signage placed on various holes Promotional Benchmark Requirements: GACC will provide a list of players 4.04 Anna Fireworks Event Name/Purpose: 2016 Anna Fireworks Event, Community Festival Date, Time, Location of Event: 5:00pm – Conclusion of Fireworks, Monday, July 4, 2016 at Anna ISD Football Stadium Deadline for GACC to provide letter of intent to CDC: Monday, June 8, 2016 Estimated Compensation amount: $7,500.00 Due Date of Payment: Monday, June 15, 2016 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on pre -event banners; CDC Logo on registration form; listed as sponsor in newspaper advertisement and article Promotional Benchmark Requirements: GACC will provide and estimated number of attendees Section 5. Compensation In consideration of the performance of GACC's obligations under this Agreement, including the provision of Sponsorship Benefits described herein, the CDC agrees to pay the GACC the total amount of compensation of ($21,500) during the CDC's fiscal year 2015-2016, subject to the conditions set forth in this Agreement. Before the CDC shall have any obligation to make any payment to GACC with respect to any given event described in Section 4 of this Agreement, the GACC must timely provide the CDC with a letter of intent—signed by a GACC representative authorized to contractually bind the GACC—as described in Section 3.01 of this Agreement and the GACC must submit said letter of intent to the CDC before the applicable deadline for such event as set forth in Section 4 of this Agreement. The total ($21,500) amount of compensation shall be made in five separate payments with the amount of each payment being determined by the CDC by electing one of the two following options per GACC event: (1) the estimated compensation amount set forth in Section 4 of this AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2015-2016 PAGE 4 OF 9 Agreement; or (2) a different amount requested by GACC that is set forth in the letter of intent described in Section 3.01 of this Agreement and attached hereto as Exhibit A If the CDC decides to honor any GACC request for a different amount than what is set forth in Section 4 of this Agreement, the CDC shall thereafter have discretion to alter the amount of payments it makes with respect to any remaining events so that its overall compensation paid to the Chamber under this Agreement does not exceed $21,500 during the CDC's 2015-2016 fiscal year. The GACC shall provide the CDC with a written receipt. Section 6. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for any of the GACC events and to fulfill this Agreement. The GACC shall take all reasonable steps necessary to ensure that all state, federal, and local permitting and licensing requirements are met at all times during all GACC events. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the GACC events. Section 7. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the CDC has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking of any of its events (the "Work"), including but not limited to its employees, agents, contractors, or its subcontractors, nor does the CDC have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to complete any of the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the CDC from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Work. The indemnification includes, but is not limited to, attorney fees incurred by the CDC in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance, without any right to reimbursement of costs or attorney fees, of the obligations under this Agreement. This provision is not intended to and does not waive any of the CDC's governmental immunities, including immunity from suit and liability. Section 8. Insurance GACC shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the Work or in any way related to the GACC's undertakings performed in connection with the GACC events, including but not limited to coverage for GACC, its agents, representatives, employees, contractors, or subcontractors. The form and limits of such insurance, together with the underwriter thereof in each case, must be acceptable to the CDC but regardless of such AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2015-2016 PAGE 5 OF 9 acceptance it shall be the responsibility of the GACC to maintain adequate insurance coverage at all times. Failure of the GACC to maintain adequate coverage shall not relieve the GACC of any contractual responsibility or obligation. Each policy shall provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the CDC. A copy of each policy, or at the CDC's discretion, a certificate of insurance, shall be filed with the CDC Secretary. Section 9. Default 9.01 Events of Default The occurrence, at any time during the term of the Agreement, of any one or more of the following events, shall constitute an Event of Default under this Agreement: (a) the failure of GACC to timely provide the CDC with a properly executed letter of intent in accordance with the terms of this Agreement prior to each event; (b) the failure of the GACC event to occur on the scheduled date, or—if the event cannot occur on the originally scheduled date due to inclement weather—the failure of the GACC event to be rescheduled and occur in accordance with Section 18 of this Agreement; (c) the failure of GACC to provide the CDC with all Sponsorship Benefits enumerated in this Agreement for each event; (d) the failure of GACC to meet each promotional benchmark requirement; (e) the failure of the CDC to pay the GACC according to the compensation terms of each event when such payment may become due; and (f) the CDC's or GACC's breach or violation of any of the material terms, covenants, representations or warranties contained herein or GACC's failure to perform any material obligation contained herein. 9.02 Uncured Events of Default Upon the occurrence of an Event of Default by CDC that can be cured by the immediate payment of money to GACC, CDC shall have 10 calendar days from receipt of written notice from GACC of an occurrence of such Event of Default to cure same before GACC may exercise any of its remedies as set forth in this Agreement. Upon the occurrence of an Event of Default by GACC that does not include the failure to abide by a deadline or to a failure described in Section 9.01(b), it shall have 10 calendar days from receipt of written notice from CDC of an occurrence of such Event of Default to cure same, or, if same cannot be effectively cured within 10 calendar days and fully and effectively provide CDC with the Sponsorship Benefits, the default AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2015-2016 PAGE 6 OF 9 may be cured by refunding CDC's entire sponsorship fee, unless such Event of Default creates or contributes to an emergency situation in which injury to persons or property reasonably appears imminent, in which case CDC is immediately entitled to exercise or seek all rights available to it at law or in equity. If with respect to any given event set forth in Section 4 of this Agreement, there is a failure of GACC to meet a deadline or a failure described in Section 9.01(b), the CDC shall be entitled to a full refund of any amounts paid by the CDC to GACC for such event. Section 10. Amendment; Termination This Agreement may not be amended except pursuant to a written instrument signed by both parties. This Agreement shall terminate once both parties shall have completed performance of their respective obligations hereunder. AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2016-2016 PAGE 7 OF 9 Section 11. Notice Notice as required by this Agreement shall be in writing delivered to the parties via postage prepaid, U.S. certified mail, return receipt requested, at the addresses listed below: CDC GACC CDC President GACC Director Anna Community Development Corporation Greater Anna Chamber of Commerce 101 N. Powell Parkway P.O. Box 1256 Anna, Texas 75409 Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the address information listed in this section. Section 12. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the CDC under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 13. Entire Agreement This Agreement represents the entire and integrated Agreement between CDC and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Section 14. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Section 15. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2015-2016 PAGE 8 OF 9 Section 16. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Time is of the essence with respect to the deadlines set forth in this Agreement. Section 17. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Section 18. Inclement Weather If the GACC cannot reasonably proceed with an event due to inclement weather, then the GACC shall reschedule the event so that it occurs in reasonably close temporal proximity to the original date scheduled for the event. A failure to so reschedule and hold the event is a material breach of this Agreement. Section 19. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the CDC. Section 20. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of such Agreement shall begin as soon thereafter as practicable. IN WITNESS WHEREOF, CDC and GACC have executed this Agreement. IN Sara Cox Greater Anna Chamber of Commerce John Houcek CDC President AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2015-2016 PAGE 9 OF 9 COMMUNITY DEVELOPMENT CORPORATION Meeting: September 3, 2015 Staff Contact: Jessica Perkins Item No. 5 Anna Community Development Corporation Agenda Staff Report AGENDA SUBJECT: CLOSED SESSION (exceptions): a. Deliberate 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); 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); agreement with Empowered Training Centre SUMMARY: n/a STAFF RECOMMENDATION: n/a Meeting: September 3, 2015 Staff Contact: Jessica Perkins Exhibits: _X—Yes No Item No. 6 Anna Community Development Corporation Agenda Staff Report AGENDA SUBJECT: Consider/Discuss/Action regarding passing a resolution approving the FY 2016 budget. SUMMARY: The City Council has reviewed the attached proposed CDC FY 2016 budget. Staff recommends approval. STAFF RECOMMENDATION: Staff recommends you approve the resolution. ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION ADOPTING THE FY 2015-2016 FISCAL YEAR BUDGET WHEREAS, to be effective October 1, 2015, the Anna Community Development Corporation (the "CDC') and subject to approval of the City of Anna City Council, the Board of directors of the CDC desires to approve and adopt the CDC budget for the 2015-16 fiscal year; 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. Adoption of Fiscal Year 2015-16 Budget The CDC Board of Directors hereby approves adopting the Anna Community Development Corporation 2015-2016 fiscal year budget as set forth in Exhibit A, attached hereto and incorporated herein for all purposes as if set forth in full, subject to approval by the City of Anna City Council. PASSED AND APPROVED by the Anna Community Development Corporation this day of 12015. APPROVED: John Houcek, CDC President ATTEST: Sherilyn Godfrey, CDC Secretary CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 Exhibit A CITY OF ANNA FUND DEPARTMENT 89 COMMUNITY DEVELOPMENT CDC DETAILS 2014 2015 2016 LINE ITEMS %CHANGE ACTUAL BUDGET PROPOSED 6208 OFFICE SUPPLIES $0 $500 $450 -10.00% basic needs $450 6209 OTHER SUPPLIES -MISC. $149 $300 $300 0.00% meals, meetings supplies, or other $300 administrative Items 6212 POSTAGE $1 $50 $50 0.00% mailing bills, etc.. $50 6700 ECONOMIC DEVELOPMENT GRANT EXPENSE $0 $0 $0 0.00% Revolving Loan Fund Money $0 6703 CONTRACT SERVICES $3,438 $10,000 $14,400 44.00% EDC Agreement with City Finance & Accounting $2,000 Services .w✓ EDC agreement with City Finance and $2,000 Accounting Services EDC Cost Share of IT and McLain Budgeting $400 Software other professional services $5,000 Retail Assistance Professional Services $5,000 6711 TRAVEL EXPENSE $0 $250 $250 0.00% Travel expenses for CAO or Board Members $250 6721 EDUCATION &TRAINING $0 $500 $500 0.00% $0 training for a CDC related project or $500 organization such as TACDC (Texas Association of Community Development Corporations) or TEDC 6731 PUBLIC NOTICES -ADVERTISING $0 $0 $300 0.00% publish notices, $300 6735 PROMOTION EXPENSE $64,883 $30,000 $37,000 23.33% Branding Project (moved from 6703 Per JP email $14,500 1/1/15) Business Directory Map $0 GACC Christmas $3,000 GACC Glowfest $8,000 GACC Golf Tournament- CDC will not be a $3,000 sponsor GACCJuly4th $7,500 Misc. - Print Ads, other sponsorship $1,000 opportunities 6753 LEGAL EXPENSE $4,928 $10,000 $12,000 20.00% Legalservlces $12,000 6755 AUDIT EXPENSE $0 $0 $2,500 0.00% CPA services - audit, 990, 1099s $2,500 6761 DUES, PUBLICATIONS, PERMITS & LICENSES $100 $250 $250 0.00% newspaper notice, dues $250 6789 DEBT -SERVICE PRINCIPAL $79,000 $80,000 $82,000 2.50% Bond Debit Series B - Slayter Creek Park Phase II $15,000 Bond Debt Series A- Refinance of TLF Loan $67,000 6790 INTEREST EXPENSE $59,834 $58,160 $56,400 -3.03% Bond Debit Series 4 Refinance of TLF loan $3,400 Series 2012 81.6 Million Note for Slayter Creek $53,000 Park 6799 OTHER SERVICES -MISC. $22,250 $65,000 $80,000 23.08% $0 Adjustment to Increase for park maintenance $20,000 support Cost Allocation pay portion of the personnel $60,000 cost for the Park Superintendent Salary 6912 BOND COST $0 $0 $01 0.00% 6921 BUILDINGS & IMPROVEMENTS $0 $0 $0 0.00% $0 Misc Park Equipment or projects $0 6941 OTHER CAPITAL EXPENDITURES $58,000 $60,000 $60,000 0.00% $0 park projects, land, or other park related site $60,000 improvements 8900 OTHER FINANCING USE - DEBT REFUNDINGS $0 $0 $0 0.00% 9812 TRANSFERS OUT -GENERAL FUND $0 $0 $0 0.00% FUNDS DEVELOPMENT CORPORATION Meeting: September 3, 2015 Staff Contact: Jessica Perkins Exhibits: X Yes No Item No. 7 Anna Community Development Corporation Agenda Staff Report AGENDA SUBJECT: Consider/Discuss/Action regarding minutes from July 1, 2015 and August 6, 2015. SUMMARY: n/a STAFF RECOMMENDATION: Staff recommends you approve. MINUTES OF REGULAR MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION ..i DEV�E OPMEINT Thursday, July 1, 2015 CORPORATION The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00 p.m., on Thursday, July 1, 2015, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order John Houcek called the meeting to order at 5:07 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration Roll Call and Establishment of Quorum. Directors in attendance: John Houcek, Alonzo Tutson, Doug Hermann, Connie Stump, Lee Miller, Michael Williams, and new -appointed Director, Brent Thomas. Directors in abstention: None. A quorum was declared present and the floor was open for business. Others in attendance: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, attorney for CDC. 3. Invocation and Pledge. John Houcek gave the invocation and led the group in the Pledge of Allegiance. 4. Consider/Discuss/Action regarding the performance agreement with Empowered Training Centre. To be discussed in Closed Session. 5. CLOSED SESSION (exceptions): a. Discuss or deliberate 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 I. 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. 07-01-2015 Regular CDC Minutes.doc Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071) 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). Before recusing herself from the proceedings, Connie Stump made a motion to move to Closed Session that was seconded by Brent Thomas. Motion carried and the meeting moved to Closed Session at 5:08 p.m. After matters at hand were discussed, Lee Miller made a motion to return to Open Session. The motion was seconded by Doug Hermann. Motion carried and the meeting moved to Open Session at 5:32 p.m. Connie Stump rejoined the meeting. 6. Consider/Discussion/Action regarding a resolution approving promotional expenditure related to a branding redesign. Lee Miller made a motion to adopt the resolution and to authorize a promotional expenditure for Community Brandprint being offered by North Star Destination Strategies, in an amount not to exceed $26,000 or 1/3 of the total cost without further board approval. Brent Thomas seconded the motion. Motion passed. Consider/Discussion/Action regarding a resolution approving an Estoppel Certificate with Q Seminole Anna Town Center. The lenders have requested an Estoppel Certificate, and have represented in support of said certificate, it will create and retain a significant number of new jobs that will result in new capital investments, all within the City limits. Based on this representation, Michael Williams made a motion to adopt said resolution and to authorize the approval of an Estoppel Certificate related to an Incentive Agreement by and among Seminole Anna Town Center, L.P., Anna Economic Development Corporation, and the City of Anna, as outlined in Exhibit "A," attached hereto and incorporated herein for all purposes as if set forth. The resolution authorizes the CDC President to execute same on its behalf, subject to approval as to form by legal counsel for CDC and final content by CDC Chief Administrative Officer, subject to approval by City Council and legal counsel for CDC. Alonzo Tutson seconded the motion. Motion passed. 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. 07-01-2015 Regular CDC Minutes.doc 8. Consider/Discussion/Action regarding a resolution approving authorizing the expenditure for a Microsoft Surface for the CDC's Chief Administrative Officer. The Chief Administrative Officer has requested a purchase of a tablet. A quote from Microsoft Store has been attached hereto in the approximate amount of $812.00. Brent Thomas made a motion to adopt the resolution and to authorize the expenditure in the amount not to exceed $500.00 or one-half of the cost. Doug Hermann seconded the motion. Motion passed. 9. Consider/Discussion/Action regarding passing a resolution approving authorizing a line item budget amendment for the current fiscal year 2014- 2015. Doug Michael There is a need to amend a couple line items of the current fiscal budget in order to fund the City's branding project. The changes do not affect an increase in the over-all budget. Doug Hermann made a motion to adopt this resolution and to authorize the change in the line items of contract services and promotional services as set forth in Exhibit 'A" attached hereto and incorporated herein for all purposes. Michael Williams seconded the motion. Motion passed. 10. Consider/Discussion/Action regarding minutes from June 4, 2015. Lee Miller made a motion to accept the minutes as written. John Houcek seconded the motion. Motion carried. 11. Adjourn. Brent Thomas made a motion to adjourn the meeting. Alonzo Tutson seconded the motion and the meeting was adjourned at 6:10 p.m. APPROVED: John Houcek 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 he made. 07-01-2015 Regular CDC Minutes.doc MINUTES OF REGULAR MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION �i OM DEVELOPMENTMUNITY Thursday, August 6, 2015 noRIPnRAnnN The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00 p.m., on Thursday, August 6, 2015, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order John Houcek called the meeting to order at 5:02 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. 2. Roll Call and Establishment of Quorum. Directors in attendance: John Houcek, Alonzo Tutson, Doug Hermann, Connie Stump, Lee Miller, Michael Williams, and newly -appointed Director, Brent Thomas. Directors in abstention: None. A quorum was declared present and the floor was open for business. Guests Speakers: Ms. Jennifer Kelley, principal of Anna High School Mr. Chad Long, who will head of CTE program at Anna High School Ms. Felicia Flagg, organizer/volunteer of Keep Anna Beautiful Mr. Richard Brozewicz, volunteer accountant for Keep Anna Beautiful Others in attendance: Jessica Perkins, Chief Administrative Officer; Clark McCoy, attorney for CDC; and Sherilyn Godfrey, Secretary. 3. Invocation and Pledge. John Houcek gave the invocation and led the group in the Pledge of Allegiance. 4. Discussion regarding supporting the CTE (Career Training Education) at Anna High School. One of City Council's strategic goals is to "identify opportunities to build the professional workforce in Anna through partnerships with businesses and 1. The Corporation may vole 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. 08-06-2015 Regular CDC Minutes.doc educational institutions." A new and unique approach would be to financially support AISD's high school CTE program (Career Training Education). The CTE program gives students a hands-on and interactive exposure to skills needed to enter the service industry. The focus of this program is for both students who are college bound or those students who, upon graduation, are career -ready. Ms. Kelly spoke before the board and stated that the high school population is now 805 students and that the AudioNisual CTE courses are a new program at the high school. Such programs will provide students with a broad scope of skills in the fields of graphic, audio/visual production (the fastest growing in the state of Texas), printing and publishing, and visual arts. The CTE program is designed to be a four-year program with certification. An endorsement is placed on the student's diploma if a certain level of achievement is met. Already, 130 students have requested the AudioNisual CTE courses for the coming school year. The AISD's immediate needs include: a $45,000 Mac Lab and one (1) Mac teacher; $1,500 for cameras; $500 for vocal mic and stand; $750 for five tripods; $500 for a professional tripod and $1,200 for 3 -point light kits. This totals $49,450. The beginning students need to have the Mac Lab in order to learn industry standards. The new AudioNisual CTE Teacher, has previously worked for DreamWorks and more recently, a charter school in Greenville. Already, he has plans to produce a "news" segment for the high school and partner with various school departments the community to create video, ad, or other marketing projects for the students. The Directors felt that this would be a good project to fund. Staff and Legal counsel will draft an agreement and set a special meeting to take action. 5. Presentation from Felicia Flagg, organizer of the Keep Anna Beautiful program. Ms. Flagg presented a thorough outline of all the program opportunities and awards affiliated with "Keep Texas Beautiful." Mr. Richard Brozewicz presented the financial needs. Ms. Flagg is looking to fundraise to become an official Keep Anna Beautiful affiliate. Things to be done and costs involved are: forming a non- profit organization ($400 is paid just to the IRS as an users fee); paying additional legal fees as needed; paying an annual $100 fee to the state KTB program; and formulating a budget for future costs like supplies waste disposal. Ms. Flagg listed several ideas for fundraising as well as several ideas to engage the community. Ms. Flagg would like to have an art contests for elementary and middle school students, re -purposed garbage as art sculptures, create a butterfly garden, create a community garden, and encourage sub -divisions to sponsor a "Yard of Month" contest. Under the present bylaws, the CDC has limitations on funding fundraising. Ms. Flagg will meet with Ms. Perkins to clarify how the CDC can support her ideas. 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. 08-06-2015 Regular CDC Minutes.doc 6. Presentation/Discussion from John Houcek regarding the condition of the entry road and parking area at Natural Springs. Mr. Houcek gave each director an aerial map as a visual aid to his discussion. Right now, the road leading into Natural Springs Park and the parking lot is gravel. Mr. Houcek is interested in paving the roadway and improving the parking lot. A discussion was held regarding the future of FM -455 and its planned medi- an breaks. Currently, to add a concrete driveway and parking lot the proposed cost would be $144,000 according to Mr. Schwanke, Parks Director. The Parks Board does not have a budget but there is a Park Trust Fund that can aid in fund- ing some park improvements. Ms. Perkins informed the Board that there are dis- cussion about improvement to be made to Natural Springs which include: a con- crete driveway and parking lot, public restrooms, city offices for park staff, as well as a dog park. After the road work is completed along FM 455, the current park driveway can only be accessed by driving east on FM -455 or by parking in Brookshire's lot. City staff has discussed adding an entrance to Natural Springs Park that would align with the future median break at Buffalo Bill Drive. 7. CLOSED SESSION (exceptions): a. Discuss or deliberate 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) 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). Not necessary. 8. Consider/Discussion/Action regarding a resolution authorizing the expenditure for a truck and mower for the Parks Department. Staff is requesting to purchase a truck and mower for the Parks Department. This equipment is necessary to replace some worn-out equipment as well as 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. 08-06-2015 Regular CDC Minutes.doc improve the efficiency of maintaining the many acres of City parks. The old truck will be kept and used inside the park. Quotes were attached and the cost is approximately $53,000 for both the truck and mower. Brent Thomas made a motion to adopt the resolution and to authorize the Chief Administrative Officer to charge CDC's "Other Capital Expenditures" line item, in the amount not to exceed $53,000, for both the truck and mower as described in Exhibit 'A," attached hereto and incorporated herein for all purposes as if set forth in full. Lee Miller seconded the motion. Motion passed. 9. Review of proposed FY 16 budget. Jessica Perkins presented the proposed budget that has been reviewed by City Council. It meets all financial obligations and funds efforts outlined in CDC's strategic goals for FY 2015-2016 budget. It will be voted on by the Board in September. 10. Consider/Discussion/Action regarding minutes from July 1, 2015. Tabled. 11. Adjourn. Michael Williams made a motion to adjourn the meeting. Alonzo Tutson seconded the motion and the meeting was adjourned at 6:36 p.m. APPROVED: John Houcek 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. 08-06-2015 Regular CDC Minutes.doe