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BM 2009-02-11 EducDev COPPELL EDUCATION DEVELOPMENT CORPORATION February 11, 2009 MINUTES The Coppell Education Development Corporation met at 7 p.m. on Wednesday, February 11, 2009 at nd Coppell Town Center, 2 Floor Conference Room, 255 Parkway Boulevard, Coppell, Texas 75019. In attendance: Also present: Brian Letzkus,Vice President Clay Phillips, Staff Liaison Bill Elieson, Board Member Kathy Bowling, Recording Secretary Gina Mote, Secretary Marilyn Kilber, Board Member Thomas Massimi, Board Member April Terry, Board Member Absent: Antonio Altemus, President Item 1.Call to Order. Vice President Brian Letzkus called the meeting to order at 7 p.m. Item 2. Approval of Minutes: November 12, 2008. Thomas Massimi made a motion to approve the minutes, and Gina Mote seconded. The vote was unanimous. Item 3. Citizens’ Appearance. No citizens appeared. Item 4. Review and potential approval of a grant application from the Carrollton-Farmers Branch Independent School District for technology in the amount of $540,524. A motion to approve the grant application was made by April Terry and seconded by Gina Mote. Erin Frye described the program that this grant would support, and answered questions from the Board. Vice President Letzkus called for a vote, and the motion passed unanimously. Item 5. Review and potential approval of distribution of additional funds to Lewisville Independent School District and The North Hills Preparatory School. An updated summary of sales tax collected and available was distributed. It showed that $693.18 was currently available for LISD, and $610.26 for North Hills. City Manager Clay Phillips suggested that the CEDC award this money to the schools without requiring a grant application. In addition, Clay suggested that any remaining revenue amount $1,000 or less be likewise distributed in the future. April Terry made a motion to distribute the current funds and use the $1,000 amount as a future guideline, and Gina Mote seconded. The vote was unanimous. Minutes February 11, 2009 Page Two Item 6. Consider approval of an amendment to the professional Service Agreement with Kasner and Associates. A Summary of Facts was distributed regarding Kasner and Associates Professional Service Agreement. City Manager Clay Phillips explained that Kyle Kasner assists the City in recovery of sales tax. The Agreement between the City and Kasner ended in December, however, additional payments for sales tax have recently been received. Since Kasner did the work to retrieve this additional revenue, Clay was proposing that the CEDC vote to pay him his share. April Terry made a motion to approve payments to Kasner, and Gina Mote seconded. The vote was unanimous. Item 7. General Discussion. City Manager Jim Witt reviewed current projects within the City. Adjournment The meeting was adjourned at 7:45 p.m. _________________________________ Brian Letzkus, Vice President _________________________________ Katherine Bowling, Recording Secretary COPPELL EDUCATION DEVELOPMENT CORPORATION February 11, 2009 MINUTES The Coppell Education Development Corporation met at 7 p.m. on Wednesday, February 11, 2009 at Coppell Town Center, 2nd Floor Conference Room, 255 Parkway Boulevard, Coppell, Texas 75019. In attendance: Brian Letzkus,Vice President Bill Elieson, Board Member Gina Mote, Secretary Marilyn Kilber, Board Member Thomas Massimi, Board Member April Terry, Board Member Absent: Antonio Altemus, President Also present: Clay Phillips, Staff Liaison Kathy Bowling, Recording Secretary Item 1. Call to Order. Vice President Brian Letzkus called the meeting to order at 7 p.m. Item 2. Approval of Minutes: November 12, 2008. Thomas Massimi made a motion to approve the minutes, and Gina Mote seconded. The vote was unanimous. Item 3. Citizens' Appearance. No citizens appeared. Item 4. Review and potential approval of a grant application from the Carrollton- Farmers Branch Independent School District for technology in the amount of $540,524. A motion to approve the grant application was made by April Terry and seconded by Gina Mote. Erin Frye described the program that this grant would support, and answered questions from the Board. Vice President Letzkus called for a vote, and the motion passed unanimously. Item 5. Review and potential approval of distribution of additional funds to Lewisville Independent School District and The North Hills Preparatory School. An updated summary of sales tax collected and available was distributed. It showed that $693.18 was currently available for LISD, and $610.26 for North Hills. City Manager Clay Phillips suggested that the CEDC award this money to the schools without requiring a grant application. In addition, Clay suggested that any remaining revenue amount $1,000 or less be likewise distributed in the future. April Terry made a motion to distribute the current funds and use the $1,000 amount as a future guideline, and Gina Mote seconded. The vote was unanimous. Minutes February 11, 2009 Page Two Item 6. Consider approval of an amendment to the professional Service Agreement with Kasner and Associates. A Summary of Facts was distributed regarding Kasner and Associates Professional Service Agreement. City Manager Clay Phillips explained that Kyle Kasner assists the City in recovery of sales tax. The Agreement between the City and Kasner ended in December, however, additional payments for sales tax have recently been received. Since Kasner did the work to retrieve this additional revenue, Clay was proposing that the CEDC vote to pay him his share. April Terry made a motion to approve payments to Kasner, and Gina Mote seconded. The vote was unanimous. Item 7. General Discussion. City Manager Jim Witt reviewed current projects within the City. Adjournment The meeting was adjourned at 7:45 p.m. Katherine Bowling, Recording Secretary Summary of Facts — Kasner and Associates Professional Service Agreement Related to: Clear Technologies January, 2006: Execution of Agreement by and among Kasner and Associates and the City of Coppell and signed by Jim Witt on January 10, 2006. May, 2006: Section 3.6 Notice to Proceed "In the event the Client (Coppell) desires the Firm (Kasner) to proceed with the collection of identified recoveries the City Manager will deliver a Notice to Proceed to the Firm ". Jim signed the Notice to Proceed including Clear Technologies on May 19, 2006. October, 2006: Met with Clear Technologies CEO, James Hargis to discuss their sales tax filings and encourage voluntary reallocation with Kasner's assistance. Continued requesting voluntary reallocation and compliance through March, 2007, however, Clear Technologies discontinued discussing the issue with the City and Kasner. April, 2007: Began working with the Comptroller's audit division, provided facts to prove Coppell should be the sourcing location and requested local taxes be addressed with Clear Technologies. August, 2007: Comptroller completed audit determining Clear Technologies should have been sourcing local sales tax based on origination to the City of Coppell. However, Clear Technologies appealed the audit findings, causing a delay in reallocating the local sales tax from the destination cities back to the City of Coppell. January, 2009: Clear Technologies withdraws their appeal and complies with the August, 2007 audit findings, and the City of Coppell receives the reallocated sales tax for the period of July, 2003 through February, 2007. Clear Technologies actions delayed the City of Coppell's audit reallocations by approximately eighteen (18) months. Professional Services Agreement Section 3.5 (d) Fee: This section indicates the identified Recoveries must be verified and received from the Comptroller with in two (2) years after the date of the applicable Notice to Proceed. The funds were actually reallocated to the City of Coppell approximately thirty -two (32) months after the date of the Notice to Proceed due to Clear Technologies appealing the Comptroller's audit findings and local reallocation deficiencies had not been paid. Letter of Agreement Request City Council authorization to extend the requirement to receive the identified Recoveries from within two (2) years after the Notice to Proceed to include the date of the January, 2009 remittance from the Comptroller of Texas. COPPELL EDUCATION DEVELOPMENT CORPORATION February 11, 2009 MINUTES The Coppell Education Development Corporation met at 7 p.m. on Wednesday, February 11, 2009 at nd Coppell Town Center, 2 Floor Conference Room, 255 Parkway Boulevard, Coppell, Texas 75019. In attendance: Also present: Brian Letzkus,Vice President Clay Phillips, Staff Liaison Bill Elieson, Board Member Kathy Bowling, Recording Secretary Gina Mote, Secretary Marilyn Kilber, Board Member Thomas Massimi, Board Member April Terry, Board Member Absent: Antonio Altemus, President Item 1.Call to Order. Vice President Brian Letzkus called the meeting to order at 7 p.m. Item 2. Approval of Minutes: November 12, 2008. Thomas Massimi made a motion to approve the minutes, and Gina Mote seconded. The vote was unanimous. Item 3. Citizens’ Appearance. No citizens appeared. Item 4. Review and potential approval of a grant application from the Carrollton-Farmers Branch Independent School District for technology in the amount of $540,524. A motion to approve the grant application was made by April Terry and seconded by Gina Mote. Erin Frye described the program that this grant would support, and answered questions from the Board. Vice President Letzkus called for a vote, and the motion passed unanimously. Item 5. Review and potential approval of distribution of additional funds to Lewisville Independent School District and The North Hills Preparatory School. An updated summary of sales tax collected and available was distributed. It showed that $693.18 was currently available for LISD, and $610.26 for North Hills. City Manager Clay Phillips suggested that the CEDC award this money to the schools without requiring a grant application. In addition, Clay suggested that any remaining revenue amount $1,000 or less be likewise distributed in the future. April Terry made a motion to distribute the current funds and use the $1,000 amount as a future guideline, and Gina Mote seconded. The vote was unanimous. Minutes February 11, 2009 Page Two Item 6. Consider approval of an amendment to the professional Service Agreement with Kasner and Associates. A Summary of Facts was distributed regarding Kasner and Associates Professional Service Agreement. City Manager Clay Phillips explained that Kyle Kasner assists the City in recovery of sales tax. The Agreement between the City and Kasner ended in December, however, additional payments for sales tax have recently been received. Since Kasner did the work to retrieve this additional revenue, Clay was proposing that the CEDC vote to pay him his share. April Terry made a motion to approve payments to Kasner, and Gina Mote seconded. The vote was unanimous. Item 7. General Discussion. City Manager Jim Witt reviewed current projects within the City. Adjournment The meeting was adjourned at 7:45 p.m. _________________________________ Brian Letzkus, Vice President _________________________________ Katherine Bowling, Recording Secretary