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HomeMy WebLinkAboutArts of Collin County - 2014 - 04/02THE ARTS CENTER OF NORTH TEXAS Present: Board of Directors: Frank Turner, President, Plano Representative Henry Hill, Vice President, Frisco Representative Denise Tacke, Treasurer, Plano Representative Ron Patterson, Secretary, Frisco Representative Kathy Litinas, Director, Allen Representative Arts Center of North Texas Staff: Tom Brandt, Attorney Darren Moore, Attorney Owner City Staff: Peter H. Vargas, City Manager, City of Allen Shelley B. George, City Secretary, City of Allen Peter G. Smith, City Attorney, City of Allen Richard Abernathy, Attorney, City of Frisco Paige Mims, City Attorney, City of Plano ® Call to Order and Announce a Quorum is Present With a quorum of the Board of Directors present, the Called Meeting of The Arts Center of North Texas was called to order by Director Litinas at 1.30 p.m. on Wednesday, April 2, 2014, in the Council Conference Room at Allen City Hall, 305 Century Parkway, Allen, Texas. Introduction of New Board Members Representing the City of Plano: Denise Tacke and Frank Turner. 2. Election of Officers. Director Litinas called for nominations from the Board for the purpose of electing officers. The following slate of officers was presented: Director Hill nominated Director Turner for the position of President. Director Turner nominated Director Hill for the position of Vice President. Director Hill nominated Director Tacke for the position of Treasurer. Director Turner nominated Director Patterson for the position of Secretary With no other nominations offered, Director Litinas closed the call for nominations. Frank Turner was elected as President, Henry Hill was elected as Vice President, Denise Tacke was elected as Treasurer, and Ron Patterson was elected as Secretary by a vote of five (5) for and none (0) opposed of the Board of Directors. Consent Agenda BOARD OF DIRECTORS CALLED MEETING APRIL 2, 2014 Present: Board of Directors: Frank Turner, President, Plano Representative Henry Hill, Vice President, Frisco Representative Denise Tacke, Treasurer, Plano Representative Ron Patterson, Secretary, Frisco Representative Kathy Litinas, Director, Allen Representative Arts Center of North Texas Staff: Tom Brandt, Attorney Darren Moore, Attorney Owner City Staff: Peter H. Vargas, City Manager, City of Allen Shelley B. George, City Secretary, City of Allen Peter G. Smith, City Attorney, City of Allen Richard Abernathy, Attorney, City of Frisco Paige Mims, City Attorney, City of Plano ® Call to Order and Announce a Quorum is Present With a quorum of the Board of Directors present, the Called Meeting of The Arts Center of North Texas was called to order by Director Litinas at 1.30 p.m. on Wednesday, April 2, 2014, in the Council Conference Room at Allen City Hall, 305 Century Parkway, Allen, Texas. Introduction of New Board Members Representing the City of Plano: Denise Tacke and Frank Turner. 2. Election of Officers. Director Litinas called for nominations from the Board for the purpose of electing officers. The following slate of officers was presented: Director Hill nominated Director Turner for the position of President. Director Turner nominated Director Hill for the position of Vice President. Director Hill nominated Director Tacke for the position of Treasurer. Director Turner nominated Director Patterson for the position of Secretary With no other nominations offered, Director Litinas closed the call for nominations. Frank Turner was elected as President, Henry Hill was elected as Vice President, Denise Tacke was elected as Treasurer, and Ron Patterson was elected as Secretary by a vote of five (5) for and none (0) opposed of the Board of Directors. Consent Agenda THE ARTS CENTER OF NORTH TEXAS CALLED MEETING APRIL 2, 2014 PAGE MOTION: Upon a motion made by Vice President Hill and a second by Secretary Patterson, the Board of Directors voted five (5) for and none (0) opposed, to approve and adopt the items on the consent agenda as follows: 3. Approve Minutes of the March 11, 2014, Regular Meeting. Receive Financial Reports for the Period Ended February 28, 2014. The motion carried. Public 5. Public Comment. Jack Lagos, 3120 Oxford Court, Plano, Texas, spoke regarding the legal status of the Arts Center of North Texas. Tom Brandt, 10423 Hedgeway Drive, Dallas, Texas, presented a letter of resignation as Attorney to the Board of Directors. Reeular Aeenda 6. Consider and take action to replace the legal counsel of the Arts Center of North Texas. MOTION: Upon a motion made by Secretary Patterson and a second by Treasurer Tacke, the Board of Directors voted five (5) for and none (0) opposed, to accept the resignation of Tom Brandt as Attorney. The motion carried. MOTION: Upon a motion made by Treasurer Tacke and a second by Vice President Hill, the Board of Directors voted five (5) for and none (0) opposed, to appoint Darren Moore of Bourland, Wall & Wenzel, PC as Attorney The motion carried The Regular Session was recessed at 1:42 p.m. Session In accordance with the Texas Government Code, The Arts Center of North Texas convened into Executive Session at 1:42 p m. on Wednesday, April 2, 2014, in the Council Conference Room at Allen City Hall, 305 Century Parkway, Allen, Texas, in order to discuss matters pertaining to: Pursuant to Section 551.071 of the Texas Government Code - Discussion of Litigation Regarding Cause No. 199-00002-2014, The Arts Center of North Texas, in the 199th Judicial District Court of Collin County, Texas. The Executive Session adjourned at 2 20 p.m. 7. Reconvene in Open Session. The Board of Directors reconvened into Regular Session at 2:20 p.m. on Wednesday, April 2, 2014, in the Council Conference Room at Allen City Hall, 305 Century Parkway, Allen, Texas. THE ARTS CENTER OF NORTH TEXAS CALLED MEETING APRIL 2, 2014 PAGE 3 Reeular Aeenda 8. TABLED ITEM: Consider and act upon instructing counsel for the ACNT to non -suit the case pending in the 199'" Judicial District Court of Collin County, Texas (Cause No. 199-00002- 2014). MOTION: Upon a motion made by Vice President Hill and a second by Secretary Patterson, the Board of Directors voted five (5) for and none (0) opposed, to remove this item from the table. The motion carried. MOTION: Upon a motion made by Secretary Patterson and a second by Treasurer Tacke, the Board of Directors voted five (5) for and none (0) opposed, to direct the Attorney to non -suit the case pending in the 199i5 Judicial District Court of Collin County, Texas (Cause No. 199-00002- 2014) The motion carried. 9. Consider and act upon authorizing the return of the Kenneth W. Sellers donation to the Arts Center of North Texas in the amount of $100,000 conditioned upon non -suit of the Intervention filed in Cause No. 199-00002-2014 by Kenneth W. Sellers in the 199th Judicial District Court of Collin County, Texas. MOTION: Upon a motion made by Secretary Patterson and a second by Director Litinas, the Board of Directors voted five (5) for and none (0) opposed, to return the Sellers donation subject to receiving a forward lease of pending litigation with the Sellers to include the release of the demand for attorney and court fees. The motion carried. Adjournment The Called Meeting of The Arts Center of North Texas Board of Directors adjourned at 2.22 p.m. on Wednesday, April 2, 2014. These minutes approved on this 76 day of May, 2014. APPROVED: i Frank Turnir—,PIZEESIDENT ATTEST: Kathy L [inas, SECRETARY