MINUTES

SUNNYVALE 4A DEVELOPMENT CORPORATION

REGULAR MEETING

JANUARY 4, 2007

7:00 P.M.

THE SUNNYVALE 4A DEVELOPMENT CORPORATION MET IN REGULAR SESSION ON JANUARY 4, 2007 AT 7 P.M. IN THE COUNCIL CHAMBERS OF THE SUNNYVALE TOWN HALL, 127 COLLINS ROAD, SUNNYVALE, TEXAS UNDER V.T.C.A., GOVERNMENT CODE SECTION 551.041. THOSE PRESENT WERE:

PRESIDENT BILL WHITEHURST

VICE PRESIDENT JIM WADE

MEMBER PAT WILEY

MEMBER DANNY ALLEN

MEMBER LAWRENCE BOYD

1. CALL MEETING TO ORDER

Chairperson Whitehurst called the meeting to order at 7:00 p.m.

2. APPROVAL OF MINUTES

A. REGULAR MEETING OF DECEMBER 7, 2006

Motion was made by Member Allen to approve the minutes of December 7, 2006. The motion to approve was seconded by Member Wiley. The motion carried 4/0 with Member Wade abstaining since he was not present at the December 7, 2006 meeting.

3. PUBLIC COMMENT PERIOD: PERSONS MAY ADDRESS THE SUNNYVALE 4A DEVELOPMENT BOARD ON ITEMS NOT ON THE AGENDA. PLEASE OBSERVE THE TIME LIMIT OF THREE (3) MINUTES. CORPORATION AND ITS MEMBERS CANNOT COMMENT OR DELIBERATE ITEMS OF PUBLIC COMMENT.

Brad Wright, representing The Towers, asked whether he should proceed with lighting for his project so they could go ahead and open while waiting for a decision from the Board. Mr. Wright was instructed not to delay his project.

Jim Lang, Construction Manager, told the Board that he was considering opening a business in the Sunnyvale Center.

4. PRESENTATION ON FINANCING ALTERNATIVES BY FIRST SOUTHWEST

REPRESENTATIVE GEORGE WILLIFORD

George Williford, First Southwest, gave a presentation regarding Sales Tax Revenue Bonds and potential financing options available for 4A projects. Questions followed regarding the timing of bond issuance. Mr. Williford stated that process would take about 60 days once the Town Council's action was in place. He said that Board sensitivity would determine the 10-year plan for 4A expenditures. Mr. Williford suggested a mix of funding to accomplish the Board's goals.

Chairperson Whitehurst introduced Scott Campbell, Town Manager and welcomed him to Sunnyvale.

5. DISCUSSION/ACTION ITEMS:

A. STREET LIGHTING FOR CLAY ROAD

Member Wiley described a need for street lighting on Clay Rd. He asked for Board consideration of funding street lighting for The Towers to include the Clay Road. Chairperson Whitehurst asked for the costs of the project. He stated this would be heard again at a future meeting.

B. CONSIDER DATE REVISION FOR SUNNYVALE DAY IN AUSTIN

Pam Mundo, Economic Development Consultant, distributed Sunnyvale Day in Austin registration forms. She stated that Tuesday, February 20, 2007 was the day selected. Ms. Mundo reminded the Board that any citizen was invited to attend.

C. CONSIDER DATE FOR BUSINESS BREAKFAST

Ms. Mundo suggested a business breakfast be scheduled either Jan. 25, 2007 or Feb. 8, 2007. Discussion followed and Feb. 8, 2006 was selected at 7:00 a.m.

D. CONSIDER ANNUAL ADVERTISING CONTRACT WITH DALLAS

BUSINESS JOURNAL FOR 2007

Ms. Mundo distributed the "Book of Lists" from Dallas Business Journal and the Strategic Plan goals. She stated that this advertisement was meant to "work" the business community. She asked for consideration of continuing the contract for the retail developers.

E. CONSIDER ANNUAL ADVERTISING CONTRACT WITH THE GREATER

DALLAS CHAMBER OF COMMERCE

Chairperson Whitehurst stated that Items D & E should be considered together at the same levels as FY 2005-2006.

Motion made by Member Wade to approve the annual advertising contract with Dallas Business Journal for 2007 in the amount of $14,500. Motion dies for lack of a second.

Discussion followed. The Board asked Ms. Mundo to research alternatives.

6. EXECUTIVE CLOSED SESSION

A. PURSUANT TO SECTION 551.087 OF THE TEXAS GOVERNMENT CODE TO DISCUSS AND DELIBERATE COMMERCIAL OR FINANCIAL INFORMATION FROM A POTENTIAL BUSINESS PROSPECT THAT THE BOARD IS SEEKING TO LOCATE OR EXPAND IN THE TOWN; TO DELIBERATE THE OFFER OF FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT.

B. PURSUANT TO SECTION 551.074 OF THE TEXAS GOVERNMENT CODE TO DISCUSS AND DELIBERATE PERSONNEL.

A. PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE TO CONSULT WITH THE ATTORNEY FOR THE SUNNYVALE 4A DEVELOPMENT CORPORATION ON MATTERS FOR WHICH THE ATTORNEY'S DUTIES CONFLICT WITH THE TEXAS OPEN MEETINGS ACT.

Chairperson Whitehurst adjourned into executive session at 8:35 p.m. after a 5-minute recess.

Chairperson Whitehurst reconvened into regular session at 10:05 p.m.

7. CONSIDER ANY ACTION AS A RESULT OF THE EXECUTIVE SESSION

Motion made by Member Wade to approve $150,000 for a water line, allowing $45,000 for retention with any savings on the water line to be applied to retention up to $195,000 for Rains over Texas. Motion seconded by Member Allen. Motion carried 4/0.

9. C. PROPOSED AGREEMENTS WITH FRY ST. LLP (COLLINS CORNER) (out of order)

Walt McCool, 4A Attorney, stated that the applicant Fry St. had proposed that we permit them to realize a cost savings on engineering. Mr. McCool asked for a motion to amend the contract previously looked at to create a reimbursement contract on the same terms. The Board agreed.

8. UPDATES ON ECONOMIC DEVELOPMENT ACTIONS BY PAM MUNDO

A. UPDATE ON FLOOD PLAIN STUDY AND FEMA APPROVAL

B. UPDATE ON AMERICAN MARAZZI TILE INCENTIVES

C. OTHER OUTSTANDING ACTIVITIES

No updates given.

9. UPDATES FROM 4A ATTORNEY G. WALT MCCOOL

A. WORKSHOP JAN. 22 ON IMPACT FEE WAIVERS

Mr. McCool explained the situation with the Board. Ms. Mundo stated she had accumulated information from area cities. Discussion followed.

B. AMERICAN MARAZZI TILE TAX ABATEMENT & INCENTIVE AGREEMENTS

No update given.

C. OTHER OUTSTANDING ACTIVITIES

No additional updates given.

9. ADJOURN

Mr. Whitehurst adjourned the meeting at 10:15 p.m.

____________________________

President, Bill Whitehurst

ATTEST:

__________________________

Kathryn Dewey, Town Secretary

A TAPE RECORDING OF THIS MEETING IS ON FILE AT TOWN HALL. THESE MINUTES ARE CONDENSED THEREFROM