03-B PEDC (04/16/03)MINUTES OF THE REGULAR MEETING OF THE PARIS ECONOMIC
DEVELOPMENT CORPORATION
April 16, 2003
The Paris Economic Development Corporation met in regular session on
Wednesday, April 16, 2003, 4:00 P. M. at Paris Junior College, Applied
Technology Building, Room 1206, 2400 Clarksville Street. President Jay
Guest called the meeting to order with the following Directors present: Curtis
Fendley, Don Wall, and Richard L. Severson. Also present were Ex-officio
Member Bobby Walters, Executive Director Gary Vest, City Manager Michael
E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie
Cunningham.
President Guest called for approval of the minutes from a previous meeting.
A motion was made by Director Fendley, seconded by Director Severson, for
approval of the minutes as presented. The motion carried unanimously.
President Guest called for the financial report for February and March, 2003.
Gene Anderson, Director of Finance for the City of Paris, came forward
advising the Board that they had been given information on the sales tax
payment summary. He pointed out that $535,835.00 of sales tax had been
collected this year through April (sales tax through February, 2003) as
compared to last year's amount of $512,278.00. Mr. Anderson gave the Board
the February and March tax flow statements. He said they did not write any
more checks than what they had to write. They did write the checks to Paris
Business Park Master payment and they paid for the audit that was done by
McClanahan and Holmes. Mr. Anderson pointed out that in March they could
see the expenditures there. Under new INdustrial Projects, there were a couple
of things paid, one was a payment to Chemical Analysis, INc., for evaluation of
the plant size and necessary environmental testing, and the balance of that
payment had to do with running fiber optic cable to the Santa Fe - Frisco Depot
building. There was a payment for membership. Other than those mentioned,
they were all routine expenditures.
Mr. Anderson advised the Board that he did open up another account and
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April 16, 2003
Page 2
transfer excess balances from Liberty National Bank, which was
account.
a pool
A motion was made by Director Severson, seconded by Director Wall, for
approval of the financial report. The motion carried unanimously.
President Guest called for the Director's Report.
Gary Vest came forward advising that since January they have received 41
inquiries to their advertisement campaign. He said they did not have a
response from Project Winter; but that company has not made a decision and
he knew that Sherman was having problems with a building. He was hopeful
that they would make a decision soon.
Mr. Vest said they had a real good visit with a prospect the previous Friday,
Project Hope, and advised that he will discuss that later in the meeting.
Mr. Vest told the Board that Erik has been on the go. In March, Erik went to
the North American Manufacturing Show in Chicago. He also went to the
Economic Development Institute at the University of Oklahoma. They also
attended the PEDC Legislative Conference in Austin. Mr. Vest said there has
been a lot of legislative activity going on. He said that on the last day for filing
there were 18 bills filed that affect the sales tax for Economic Development.
That does not include the good bill introduced by Mark Homer, House Bill No.
29025. Mr. Vest said he has worked with Mr. Homer on this bill. Mr. Vest
advised that he will be in Austin Monday to discuss the bill with Mark Homer
because it is going to be debated on the House floor Monday. He hoped that
it will pass the House and be sent over to the Senate. Mr. Wall attended the
committee hearing where the bill was discussed and it passed out of the
committee. They came back with a committee substitute and that is what will
be going to the floor on Monday.
Resolution No. 2003-003, authorizing and approving the renewal and extension
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of the current promissory note and first addendum to security agreement from
Paris Packaging, Inc., to extend the term of said note and said security
agreement co-extensive with the term of the PEDC Taxable Sales Tax Revenue
Bonds, Series 1998, was presented by City Attorney Schenk.
City Attorney Schenk advised that he had passed out a copy of the City
Council' s Resolution which is being conservative as far as part of this approval
process. The City Council's resolution was adopted by the City Council last
Monday night to follow a similar approval by the City Council when the note
was originally written. City Attorney Schenk said he had a few questions that
needed to be answered by the bond attorney in regard to the documents
associated with renewal of the note. It had to do with whether or not prior
owners had been satisfied and it would require a change to the documents if
that were the case. The City Attorney said they wrote them as if they had not
been. The question of the development agreement, which was part of the
original package, will be the next item for their consideration. City Attorney
advised that if the PEDC adopts this resolution he felt this note will satisfy the
goals, which was to have the indebtedness paid out coextensive with the terms
of the bond.
Mr. Schenk told the Board that the document was prepared by McCall,
Parkhurst & Horton, who was the bond council for the original transaction.
After further discussion,
Director Severson, for
unanimously.
a motion was made by Director Fendley, seconded by
approval of the resolution. The motion carried
Resolution No. 2003-004, approving and authorizing the execution of a
development contract with Paris Packaging, Inc., extending the terms and
conditions of the original development contract dated July 15, 1998; making
other findings and provisions related to the subject, was presented. A motion
was made by Director Wall, seconded by Director Severson, for approval of the
resolution. The motion carried unanimously.
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Director Guest announced that the next item on the agenda was accepting a
proposal for engineering services for the Paris Business Park and approving
and authorizing the execution of an engineering services agreement.
Mr. Vest advised that two proposals were received for the engineering services
for the Paris Business Park. Both Hayter Engineering and Adams Consulting
Engineering proposals cover the same scope of work which includes all of the
engineering design, streets, water, sewer, and all of the infrastructure needed
including the hydraulics for water runoff and those type of things. Mr. Vest
said the survey has already been completed by Hayter Engineering and a
contour map of the Industrial District has already been done. Hayter came back
with a proposed contract with a total cost for Hayter to do all of these things for
$124,900.00. Mr. Vest received this proposal on February 25, 2003. He
thought it was excessive, so he contacted Adams Consulting Engineering and
he received a proposal from them in the amount of $57,000.00 for doing the
same scope of work.
A motion was made by Director Wall, seconded by Director Severson, to
accept the proposal of Adams Consulting Engineering. The motion carried 4
ayes, 0 nays.
Resolution No. 2003-005, accepting a proposal from Adams Consulting
Engineering for engineering services related to the Paris Business Park;
authorizing a professional services agreement in accordance with said proposal;
making other findings and provisions related to the subject, was presented. A
motion was made by Director Wall, seconded by Director Severson, for
approving the resolution. The motion carried unanimously.
Resolution No. 2003-006, approving and adopting Development Standards for
the Paris Business Park, making other findings and provisions related to the
subject, was presented by City Attorney Schenk.
Mr .Vest gave the Board a handout of the executive summary for the Paris
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Business Park and discussed the development standards with the Board. Also
included was a memorandum from Steve Methven, Building Official for the
City of Paris, stating that he has reviewed the development standards of the
Paris Development Park as written for the PEDC and it appears that the
standards meet and are in compliance with the City of Paris Code of
Ordinances.
After discussion, a motion was made by Director Fendley, seconded by
Director Severson, for approval of the resolution. The motion carried 4 ayes,
0 nays.
President Guest called for consideration of and action on a resolution approving
and adopting Development Covenants for the Paris Business Park.
Mr. Vest explained that these covenants would govern the Industrial Park. City
Attorney Schenk has looked at them and has prepared a twelve page summary
of his suggested changes. Mr. Vest said these covenants call for a property
owners association.
Mr. Vest said that the City Attorney is leaning more towards a corporation
entity that would govern the Park. City Attorney schenk said that the only
reason that he did that was under Article 1, Definition, it states that '~the
Association will mean or refer to Paris Business Partners Property Owners
Association, Inc.". That is the reason he made reference to those issues of an
incorporation entity. Mr. Vest said he did not think it would make a whole lot
of difference either way they go. Mr. Vest said he has visited with the architect
who has done this for dozens of developments, and his recommendation is for
an association. Mr. Vest said it was the architect's recommendation to keep it
as simple as possible. He said that the second thing they should keep in mind
is for the association or the corporation to accomplish what they wanted to do.
Mr. Vest felt they should look through this covenant and decide what they
wanted to do, but for his money, all common areas are properly maintained and
the development standards are adhered to, and to remove PEDC as the
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perpetual caretaker once a percentage of the park is sold. PEDC has a very
minimum role in this association and it will not be eliminated but it will have
a lesser role.
Director Fendley wanted to know if there was an association, if he was a
member of that group and had a business in the park, would he assume some
liability as an individual, more so than he would if it was an incorporated
entity? City Attorney Schenk said he thought that was true, by law they will
assess liability to someone or some entity. City Attorney Schenk said he was
not making a recommendation either way and a number of his comments do not
have to do with whether it is a corporation or not. It was just things he saw in
the document. The City Attorney said he thought that the question of liability
could be a very real issue. He said he was more familiar with dealing with an
association in residential areas in Houston and all of those have been
incorporated. They can be an insured entity. They can require others to have
insurance. Director Wall stated that this should be an association because
most of the companies will be incorporated so they are going to have that shield
between them. Mr. Vest advised that Jim Shackleford has established many of
these associations and he felt that an association was the easier of the two ways
of dealing with this matter. Mr. Vest felt that the covenants and by-laws of the
association or corporation, whatever they setup, should be whatever is deemed
necessary by the majority of the membership.
After a considerable amount of discussion, a motion was made by Director
Wall, seconded by Director Fendley, to table action on Agenda Item No. 5E,
approving a resolution adopting Development Covenants for the Paris
Business Park, and Agenda No. 5F, a resolution approving and adopting the
By-Laws for the Paris Business Park Property Owners' Association, and place
these items on the next agenda. The motion carried 4 ayes, 0 nays.
Chairman Guest announced that the next item on the agenda was to receive
information, discuss, and take possible action on providing incentives for
Project Holt.
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Mr. Vest advised the Board that Project Holt is a prospect that he met with last
Friday. Erik Roddy passed out information regarding this project. Mr. Vest
said that this prospect came to the PEDC through the Texas Department of
Economic Development. The Company is called C-Tech, Inc., and is out of
Minnetonka, Minnesota. He said they use a company to help them do their
site search called ECODEV represented by Dana Olson, who was the PEDC's
first contact. Mr. Vest discussed a visit the past Friday with Mike Meshbesher,
the CEO of C-Tech. Information has been furnished to the Board showing the
company' s web page and the address. There were also several articles that Erik
placed in the packet about Mike Meshbesher and his company. There is a
business journal article that he received from Minnesota between cities and
areas where they were identified as one of the top 50 private companies in the
area, and C-Tech was rated as number six. It has gone from sales in 1999 of
4.7 million to 14.8 million in sales 2003. Mr. Vest advised that what this
company does is they have contracts with Dell, Hewlett Packard, and Compaq
and they purchase large quantities of computers and computer parts and put
together computer systems for corporations using these computers that they get
from other computer manufacturers. It is a somewhat high tech business. They
have been growing by leaps and bounds.
Mike Meshbesher lived in Plano for a number of years and that is why he was
looking at Texas. Mr. Vest said they looked at several cities in Texas and Paris
did not have a good existing facility for them, but through Erik's follow up
work, they were able to get in contact with them and convince them to come
and take a look at Paris.
Mr. Vest advised that there is a letter from Dana Olson that he asked the Board
to look at, which spells out their request and what they are looking for and he
summarized their request as follows:
A $1.5 million, 0% interest loan with a 15 year term, payable in 1/15
installments each calendar year. A credit will be provided against the
payment due of $1 for every $10 that C-TECH has paid to all new
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employees in the Paris office.
Your assistance finding a temporary location suitable for operating up to
12 months. The lease rate should not exceed $2/sq. ft.
o
A parcel of land in the Northwest Industrial Park, sufficient to house C-
TECH's expanded operation, including room for expansion, delivery
and parking. C-TECH will then on its own with a developer in Paris, or
one of its choosing, build a permanent facility for their operation. This
will give Paris an anchor business in its new park, and the property will
be owned by the corporation.
Mr. Vest said they were looking for a temporary place where they can set up
shop and start operating while they build a building in the Northwest Industrial
Park, but they need about a 50 thousand square foot building. They are looking
for a one year lease. They looked at the K-Mart Building and the lease on it
was $300,000.00, which was too much. They also looked at the Foxworth
Building. They have found a building that they think will work and is owned
by Chip Harper and it is located behind Rocking W BBQ. Mr. Vest said it has
about 30 Thousand square feet and they felt it could work and the cost would
be $60,000.00 for a year's lease.
Mr. Vest informed the Board that Mr. Meshbesher has a national sales force
and they go out and sell these systems to companies and he hopes to have 200
employees by the first of the second year. Director Fendley questioned why
Mr. Meshbesher needed $1.5 million on hand. Mr. Roddy advised that is
because of the large amount of inventory that is needed to be kept on hand.
Director Fendley asked if the PEDC could take out a lien on the inventory, and
it was the general consensus of the Board that they could.
Mr. Vest said he called Mr. Meshbesher about some of the Board Members
who might go up to Minnesota and look at his operation. They posed that
question to him and they will pick them up and it will only be about 15 minutes
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April 16, 2003
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to their plant, spend the day or night whatever they wished to do. Mr. Vest felt
that it is something they should do before they take action. It was the Board's
consensus to check out his current operation in Minnesota.
Mr. Walters advised that he had talked with Mr. Meshbesher and they were
expecting some of the PEDC Board Members to visit his operations. Mr.
Walters stated that he thought Paris Junior College could get the money from
the state to help them do the training. Mr. Walters said you are going to have
people at different levels. He also told Mr. Meshbesher about the MHMR and
stated that MHMR clients could do packaging for that company. Mr. Walters
said Mr. Meshbesher was very high on the City of Paris and he had talked to
Campbell Soup and Kimberly-Clark and they were very complimentary of the
workforce that the community has.
After further discussion, a motion was made by Director Fendley, seconded by
Director Severson, to go with Mr. Vest's proposal that all the Board Members
that can go travel to Minnesota and visit C-Tech and directed Mr. Roddy to
make the arrangements. The motion carried unanimously.
There being no further business the meeting was adjourned.
JAY GUEST, PRESIDENT
ATTEST:
MATTIE CUNNINGHAM, CITY CLERK