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09/15/2014
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CITY CLERK
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Joint City Council /PEDC Meeting <br />September 15, 2014 <br />Page 15 <br />believe he got those reports. Mr. Wilson confirmed Ms. Barrentine took the copies to his office. <br />He asked Mr. McIlyar if he saw the appraisal when he went to Ms. Barrentine's office that day <br />and he answered in the affirmative. Mr. McIlyar said it was a large document, that he was not an <br />appraiser and he did not have time between meetings to verify whether it was accurate or not. <br />Mr. Wilson asked Mr. McIlyar if he looked at the tax statements that added up to more than 5 <br />million dollars. Mr. McIlyar said he did remember seeing tax statements. Mr. Wilson asked Ms. <br />Barrentine if she gave Mr. McIlyar a copy of the tax appraisals and Ms. Barrentine responded <br />[inaudible as she was speaking from the audience]. Mr. McIlyar reiterated that he did not <br />remember that. <br />Mr. Wilson said at the March 10, 2014 meeting Mrs. Lancaster, Mrs. Drake and Dr. <br />Grossnickle all said they were concerned and stated shouldn't they ask HWH or shouldn't they <br />get with PEDC and verify if this was all of the value. Mr. Wilson told Mr. McIlyar that he did <br />not understand why he did not inform them of the appraisal. Mr. McIlyar said the chief finance <br />officer for HWH was at the meeting that night and he didn't feel like it was his business to tell <br />the Council whether HWH had an appraisal from 2010 when their CFO was at the meeting that <br />night. Mr. McIlyar said he thought Council Member Hashmi and other Council Members also <br />made it clear that they were not just investigating an HWH agreement, but they had concerns <br />about financial impropriety, budgeting, bookkeeping, accounting, and a lot of things. He said he <br />did not believe the vote would have been different if he had told them an appraisal had been <br />found by Ms. Barrentine. Mr. Wilson wanted to know why when he asked him whether he had <br />discussed this with Dr. Hashmi, why did he say it was attorney client privilege. Mr. McIlyar said <br />because he had an oath with the State of Texas and the City Council members are his clients and <br />he cannot reveal their conversation to third parties. Council Member Pickle asked Mr. McIlyar if <br />he discussed that appraisal with any Council Member. Mr. McIlyar said at some point he did. <br />Council Member Pickle asked if it was before the Council meeting and Mr. Wilson asked if it <br />was after the Council meeting. Council Member Pickle said he wanted to know if Mr. McIlyar <br />discussed it with any Council Member prior to the Council meeting. Mr. McIlyar said he would <br />go into executive session and answer his question. Council member Pickled moved to go into <br />executive session. <br />Mrs. Clifford said she would like to make a comment about the appraisal. She said she <br />believed the appraisal question came up through an open records request when someone asked if <br />there was documentation to support the 5.8 million dollar guarantee. Mrs. Clifford stated that <br />when Ms. Barrentine received the request from the City about the appraisal, she reported she was <br />not aware of one and that she had e- mailed Mr. Gilbert who was not aware of one either. Mrs. <br />Clifford said Mrs. Barrentine did locate the appraisal, but at the time neither she nor Mr. Gilbert <br />knew there was an appraisal. Mrs. Clifford suggested they go back and look at that appraisal, <br />since it was a big part of the investigation. She said the guarantee was a guaranty collection of a <br />5.8 million dollar loan, a collateral loan where HWH offered for appraisal their property at 1401 <br />3rd Street. Mrs. Clifford said this was a direct quote from HWH's appraisal and that the property <br />was appraised by Thompson Appraisal Services in Lindale Texas. She also said the bank <br />stipulated they would only grant the loan if the property appraised for 6.7 million dollars and the <br />property appraised for 7.75 million dollars. She said they also stated that the list of property <br />located at 1401 3rd Street on the 2010 Lamar County Appraisal District showed property <br />
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