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05/14/2013 MINUTESParis Economic Development Corporation Meeting Minutes May 14, 2013 Board Members Staff Present: Kenny Dority, Chairman Present: Steve Gilbert, PEDC, Exec. Dir. Toni Clem, Vice - Chairman Shannon Barrentine, PEDC Bruce Carr, Secretary /Treasurer Rebecca Clifford Ex- Officio Members Guest(s) Present: Melissa Cook, Chamber President Present: John Godwin, City Manager Legal Counsel: Kent McIlyar City Council Liaison: None Connie Beard, The Paris News Charles Richards, eParis Extra Laurie O'Neal, Econ. Dev. Gov. Rick Perry's Office Kenny Dority, Chairman, established that a quorum was present and called the meeting to order at 3:00 p.m. Minutes from April 9, 2013, Regular Board meeting were reviewed. Toni Clem made the motion to approve the minutes, as submitted; seconded by Bruce Carr. Motion Carried 4 -0. Financials for March, 2013 were reviewed. Bruce Carr inquired as to the status of the ACT Work Keys program and what the cost to Paris EDC is. If there is a cost, then that amount needs to be allocated in the FY 2013 -14 Budget. Laurie O'Neal, Economic Development, Governor Perry's office told those present that the Texas Workforce Commissioner, Mr. Alcantar, wants to leave the program at the local level and not have one model, state wide and that Pilot Programs were being selected by ACT. Shannon Barrentine read an email she received from Gene Anderson on April 11, 2013 regarding fund depository policy at Liberty National Bank: "Liberty has agreed to pledge securities sufficient to cover PEDC accounts. This will be outside the City depository agreement as they are still opposed to that approach. The auditors will be able to confirm this by direct request from Liberty during next year's audit." Bruce Carr made a motion to approve the March 2013 financials, as submitted; seconded by Toni Clem. Motion Carried 4 -0. PEDC Board Meeting Minutes May 14, 2013 Page 2 of 3 Steve Gilbert stated that he had given a quarterly report to the City Council on May 13th and the response was positive. Bruce Carr stated that he was also in attendance at the City Council meeting and that Steve's presentation was well done and the City Council complimented the PEDC Board members and Executive Director for the work they were doing. The City Council adopted a resolution nominating J. Skinner Baking for an Enterprise Zone. Steve had visited with the Skinner President, Audie Keaton, the week prior and that the company was making great strides towards production to begin the end of May. With a "soft opening" event in early June. In addition, Lamar County Commissioner's Court had approved the Tax Abatement request on May 13th Toni Clem made a motion to go into Executive Session, prior to other items to be considered on agenda, due to presenters living out of town; seconded by Bruce Carr. Motion Carried 4 -0. The Board convened into executive session at 3:14 p.m. pursuant to Section 551.072, Section 551.074 and Section 551.087 of the Texas Government Code to discuss and deliberate on the following: A. Section 551.072 - Real Property B. Section 551.087 — Economic Development Negotiations The Board re- convened into open session at 4:28 p.m. There was no action as a result of executive session discussion. Discussion and possible action regarding the Tax Abatement Request by J. Skinner Baking that was approved by the Paris City Council on April 22, 2013. Motion was made by Toni Clem to confirm support of the Tax Abatement Request; seconded by Bruce Carr. Motion Carried 4 -0. Discussion and possible action regarding Paris EDC Budget Amendment for FY 2012 -13 to be presented to City Council on June 10, 2013. The Budget Amendment, attached, had been distributed prior to the meeting. Steve Gilbert gave the highlights: reducing accounts and increasing reserves by $331,388. Less the line item increases resulting in a net increase to reserves of $223,708. Motion was made by Toni Clem to approve the budget amendment for FY 2012 -13, as submitted; seconded by Bruce Carr. Motion Carried 4 -0. Discussion and possible action regarding proposed Paris EDC Budget for FY 2013 -14. Rebecca Clifford told those present that her research of a 4A Sales Tax Corporation has resulted in her conclusion that the Paris EDC Board should not be supporting retail through a contract with Rickey Hayes of Retail Attractions and that the R3bi initiative was not in compliance due to their clientele not being part of the 17 North American Industry Classification System (NAICS) codes listed in the Economic Development manual published by the Texas Attorney General's office. Ms. Clifford requested an Attorney General's (AG's) opinion as to whether these uses were permissible for a 4A Sales Tax Corporation. Kent McIlyar, City Attorney, told those present that it could take up to six (6) months to get an AG's opinion. He felt that the $33,000 for Retail Attractions fell within the allowable 10% of total Paris EDC budget for marketing. Laurie O'Neal told those present that she had not been to a Sales Tax Workshop in a number of years, but if memory served, these type of decisions to support these type of uses were at the local level, where the Governor wanted it. More discussion took place regarding the clientele at the R3bi, etc. PEDC Board Meeting Minutes May 14, 2013 Page 3 of 3 Motion was made by Toni Clem to conduct a budget workshop prior to the next regular board meeting at 1:00 p.m., Tuesday, June 11 th followed by the Board meeting at 3:00 p.m.; seconded by Bruce Carr. Motion Carried 4 -0. Rebecca Clifford made a motion to adjourn at 5:11 p.m.; seconded by Bruce Carr. Motion Carried 4 -0. Respectfully submitted, Shannon Barrentine Asst. 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