MINUTES

SUNNYVALE 4A DEVELOPMENT CORPORATION

REGULAR MEETING

FEBRUARY 1, 2007

7:00 P.M.

THE SUNNYVALE 4A DEVELOPMENT CORPORATION MET IN REGULAR SESSION ON FEBRUARY 1, 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

ABSENT VICE PRESIDENT JIM WADE

MEMBER PAT WILEY

ABSENT 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 JANUARY 4, 2007

Motion was made by Member Wiley to approve the minutes of January 4, 2007. The motion to approve was seconded by Member Boyd. The motion carried 3/0.

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.

There were no public comments.

4. DISCUSSION/ACTION ITEMS:

A. STREET LIGHTING FOR CLAY ROAD

Scott Campbell, Town Manager, visited with the Board about the street lighting options available. He stated that the staff had met with the TXU representative and would update them with a recommendation at the next Sunnyvale 4A meeting.

B. RAINS OVER TEXAS AGREEMENT

Consider an Economic Development Agreement for reimbursement of Construction costs for water utilities to service the intersection of Belt Line Road and Town East Blvd and for onsite improvements, in Connection with a proposed retail/office development project.

Walt McCool, 4A Attorney, gave the Board a revised agreement for consideration. He explained Mr. Rain's concerns regarding reimbursement. He stated that the water retention portion of the project should be completed in May 2007.

Discussion followed regarding the agreement and requirements in the event of default.

Chairperson Whitehurst announced that a decision would be made after the executive session later in the meeting.

C. FRY STREET AGREEMENT

Consider an Economic Development Agreement with Fry Street, L.P., for reimbursement of up to $175,000 in construction costs for a sewer utility line to serve the intersection of Collins Road and US Hwy 80, in connection with a proposed retail/office development project.

Mr. McCool explained the pending proposed agreement. He stated that the Mr. Parades had raised an issue regarding Paragraph 5. He said that Mr. Parades was not comfortable with the certifications attached to the agreement.

Member Boyd asked if the agreement had a time limit stipulation on development of the building. Mr. McCool stated that it was his understanding that the sewer line would be completed prior to the building permit, but that reimbursement for construction costs would be tied to the certificate of occupancy on the building.

Motion was made by Member Wiley to approve the contract allowing the attorney to amend the language in section 5.2.1 and 5.2.3 to issuance of final acceptance letter from the Town Engineer. Motion seconded by Member Boyd. The motion carried 3/0

D. CONSIDER APPROVAL OF TRI-FOLD BROCHURE

Pam Mundo, Economic Development Consultant, asked for an update of the previous tri-fold brochure. She stated that the cost would be $3,200 and that the brochure would be a good marketing tool for the corporation.

Chairperson Whitehurst asked if SH190 should be added to the map?

Motion was made by Member Wiley to update and reprint the tri-fold brochure with discussed changes. The motion seconded by Member Boyd. The motion carried 3/0.

5. 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.

C. 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 7:40 p.m.

Chairperson Whitehurst reconvened the meeting at 8:03 p.m.

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

Motion was made by Member Wiley to approve the agreement for the David Rains project as presented on the February 1, 2007 draft. The motion seconded by Member Boyd. The motion carried 3/0.

7. UPDATES ON ECONOMIC DEVELOPMENT ACTIONS BY PAM MUNDO

A. UPDATE ON SUNRISE BREAKFAST - FEB. 8, 2007

Ms. Mundo encouraged the Board to mention to fellow businesses to attend the breakfast.

She stated that she would be contacting the local businesses by phone next week.

B. UPDATE ON SUNNYVALE DAY IN AUSTIN - FEB. 20, 2007

Ms. Mundo stated that a 47-passenger bus was ready to be ordered. She said that the cost would be $1,100.00 and discussed the dinner arrangements for the return trip home.

C. WORKSHOP WITH TOWN COUNCIL

Ms. Mundo told the Board that the Mayor had requested a joint workshop with them on Feb. 26, 2007 at 6 p.m.

8. UPDATES FROM 4A ATTORNEY G. WALT MCCOOL

No updates were given.

9. ADJOURN

Mr. Whitehurst adjourned the meeting at 8:12 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