2023 02 02 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
February 2, 2023
The Board of Directors of the Baytown Municipal Development District (MDD) met in a Regular
Meeting on Thursday, February 2, 2023, at 4:32 P.M., in the Council Chamber of the Baytown
City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Bandon Capetillo
President
Laura Alvarado
Vice President
Suhey Rios- Alvarez
Director
Sarah Graham
Director
Kenrick Griffith
Director
Jacob Powell
Director
Mike Lester
Director
Gary Englert
Director
Shaunna Bernshausen
Director
Jason Reynolds General Manager
Scott Lamond General Counsel
Angela Jackson Assistant Secretary
President Brandon Capetillo convened the February 2, 2023, MDD Board Regular Meeting with a
quorum present at 4:32 P.M., all members were present with the exception of Secretary David P.
Jirrels, and Directors Donna Winfrey and Heather Betancourth, who were absent.
1. MINUTES
a. Consider approving the minutes of the Municipal Development District Special
Meeting held on December 12, 2022.
A motion was made by Vice President Laura Alvarado, and seconded by Director Jacob Powell to
approve the meeting minutes of the Municipal Development District Special Meeting held on
December 12, 2022, as submitted. The vote was as follows:
Ayes: President Brandon Capetillo, Vice President Laura Alvarado, Director Suhey Rios -
Alvarez, Director Sarah Graham, Director Kenrick Griffith, Director Jacob Powell,
Director Gary Englert, Director Mike Lester, Director Shaunna Bernshausen
Nays: None
Other: Secretary David P. Jirrels (Absent), Director Donna Winfrey (Absent), Director
Heather Betancourth (Absent)
Approved
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February 2, 2023
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2. PROPOSED RESOLUTIONS
a. Consider a resolution authorizing the Economic Development Contract with Baytown
Area/West Chambers County Economic Development Foundation.
Finance Director Victor Brownlees presented agenda item 2.a., and stated that Resolution No.
455 approves the Economic Development Contract with Baytown Area/West Chambers County
Economic Development Foundation ("EDF") for an amount not to exceed $350,000 and further
stated that over the next year, Staff s intention is to review and redefine the services of the EDF
and the services that are provided internally.
A motion was made by Vice President Laura Alvarado, and seconded by Director Gary Englert to
approve Resolution No. 455, related to Item 2.a. The vote was as follows:
Ayes: President Brandon Capetillo, Vice President Laura Alvarado, Director Suhey Rios -
Alvarez, Director Sarah Graham, Director Kenrick Griffith, Director Jacob Powell,
Director Gary Englert, Director Mike Lester, Director Shaunna Bernshausen
Nays: None
Other: Secretary David P. Jirrels (Absent), Director Donna Winfrey (Absent), Director
Heather Betancourth (Absent)
Approved
RESOLUTION NO. 455
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE GENERAL
MANAGER TO EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST
TO AN ECONOMIC DEVELOPMENT CONTRACT WITH THE BAYTOWN
AREA/WEST CHAMBERS COUNTY ECONOMIC DEVELOPMENT
FOUNDATION FOR ECONOMIC DEVELOPMENT SERVICES;
AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED THREE
HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($350,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
b. Consider a resolution approving Business Improvement Grant applications not to
exceed $40,000.00 per each individual grant.
General Manager Jason Reynolds presented agenda item 2.b., and stated this item was originally
presented to the Board at their meeting held on October 13, 2022, and that action on this item was
suspended at that time, pending the findings and recommendations from staff concerning the
validity of these applications and improvements, and possible amendments to the BIG program
policies and guidelines. Furthermore Mr. Reynolds stated that there have been the questions
received as far as what to do with the applications that were previous received and provided the
following options for the Board to consider to: 1) approve the current applications under the current
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February 2, 2023
Page 3 of 8
guidelines, or 2) wait for the new program, and once established, move them to the new program
with those guidelines. Furthermore, Mr. Reynolds stated that if approved this Resolution
authorizes reimbursement funding under the Business Improvement Grant per the current
guidelines of those pending applications and opened the discussion to the Board Members.
President Brandon Capetillo suggested to the Board that they go ahead and approve those that have
applied and offered any input from the other Board Members. Vice President Laura Alvarado
voiced her support of Mr. Capetillo's suggestion to move forward with those pending applications.
Director Mike Lester questioned the amount that each business would be awarded and General
Manager Reynolds responded that the three applications that they had received will be awarded
according to what is allowed under the current program. Staff will conduct a review of the receipts
to ensure that they meet the guidelines and that the work was done, and they will be awarded up
to what is allowed under the current guidelines of the program.
A motion was made by Director Sarah Graham, and seconded by Director Mike Lester to approve
Resolution No. 456, related to Item 2.b. The vote was as follows:
Ayes: President Brandon Capetillo, Vice President Laura Alvarado, Director Suhey Rios -
Alvarez, Director Sarah Graham, Director Kenrick Griffith, Director Jacob Powell,
Director Gary Englert, Director Mike Lester, Director Shaunna Bernshausen
Nays: None
Other: Secretary David P. Jirrels (Absent), Director Donna Winfrey (Absent), Director
Heather Betancourth (Absent)
Approved
RESOLUTION NO.456
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT APPROVING BUSINESS
IMPROVEMENT GRANT APPLICATIONS; AUTHORIZING
REIMBURSEMENT FUNDING UNDER THE BUSINESS IMPROVEMENT
GRANT PROGRAM IN AN AMOUNT NOT TO EXCEED THE MAXIMUM
GRANT AMOUNT OF FORTY THOUSAND AND NO/100 DOLLARS
($40,000.00) PER APPROVED GRANT APPLICATION; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
C. Consider a resolution authorizing the Property Analysis, Sales, and Negotiations
Services Agreement with Garfield Public/Private LLC, and the City of Baytown, for the
Baytown Hotel and Convention Center Project.
Finance Director Victor Brownlees presented agenda item 2.c., and stated that Resolution No.
457 approves a Property Analysis, Sales, and Negotiations Services Agreement with Garfield
Public/Private LLC ("GPP"), and the City of Baytown for the Baytown Hotel and Convention
Center Project for the purpose of engaging GPP to provide additional services to MDD, including
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February 2, 2023
Page 4 of 8
sponsorship consulting, sales, and negotiations services (including naming rights) for the purpose
of finding the appropriate strategic sponsorships for the Baytown Hotel and Convention Center
Project. The parties previously entered into a Master Development Agreement in September 2018
in accordance with MDD Resolution 357.
A motion was made by Vice President Laura Alvarado, and seconded by Director Kenrick Griffith
to approve Resolution No. 457, related to Item 2.c. The vote was as follows:
Ayes: President Brandon Capetillo, Vice President Laura Alvarado, Director Suhey Rios -
Alvarez, Director Sarah Graham, Director Kenrick Griffith, Director Jacob Powell,
Director Gary Englert, Director Mike Lester, Director Shaunna Bernshausen
Nays: None
Other: Secretary David P. Jirrels (Absent), Director Donna Winfrey (Absent), Director
Heather Betancourth (Absent)
Approved
RESOLUTION NO.457
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT
TO EXECUTE A PROPERTY ANALYSIS, SALES, AND NEGOTIATIONS
SERVICES AGREEMENT BY AND BETWEEN GARFIELD
PUBLIC/PRIVATE LLC AND THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT FOR THE BAYTOWN HOTEL AND
CONVENTION CENTER PROJECT; AUTHORIZING PAYMENT OF AN
AMOUNT IN ACCORDANCE THEREWITH; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
3. DISCUSSIONS
a. Discuss proposed amendments to the Business Improvement Grant program policies
and guidelines.
Planning and Development Services Director Martin Scribner introduced agenda Item 3.a., by
stating that at the September MDD meeting, the Directors provided direction to the Planning and
Development Services staff to evaluate changes to the Business Improvement Grant ("BIG")
program, seeking staffs findings and recommendations on amendments to make the program more
impactful to distressed areas of Baytown in need of economic investment and redevelopment. As
such, Mr. Scribner noted the following suggested changes to the BIG program for the Board's
discussion and input:
Refine Program Area/Boundaries:
• As the program currently stands the entire city limits is eligible for the program and the
proposed revision would specify areas of eligibility in order to foster redevelopment of
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February 2, 2023
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those specific area with the goal of maximizing investment and redevelopment of
economically -distressed areas; enhanced efforts of existing programs; and aim for catalytic
efforts on the surrounding areas
Maximizing Reimbursement:
• As it stands, the current reimbursement amount is a one-to-one match with a max match of
$40,000, for a total BIG budget fund of $250,000, and that the proposed change would be
to provide funding on a first come, first serve basis, with a max allocation of $250,000,
which would help attract investment and redevelopment of large, existing structures/sites,
yield larger enhancements to the aesthetics of the surrounding area(s), and air for catalytic
effects on the surrounding area(s.) Further Mr. Scribner stated most items have been
coming in at amounts lower than $15,000, and that the proposed change would encourage
larger and more substantial investments that will get more attention to the area.
Evaluation Criteria:
• Currently, the eligibility criteria is a scoring system that requires the applicant to score a
minimum of sixty points in order to be considered for funding, and that each criterion
contains their own weights as depicted below. They are rated by the Review Committee,
which consists of the City Manager's Office, Economic Development, Planning, and
Finance. Mr. Scribner further noted that applicants do not have to address each criterion
category in order to receive the total number of allotted points:
Current Scoring Eligibility Criteria:
Possible 50 points for: Visual Impact or Life/Safety Code Improvements
Possible 30 Points for: Economic Impact
Possible 20 Points for: Community & Historical Impact
The proposed recommendation is to remove the evaluation criteria and the Review
Committee all together and that staff would review the application(s) for eligibility, and
then make recommendation(s) for the Board's consideration, which would allow the Board
to decide the merits of an application and removes the objective measure criteria, which is
currently in place.
Document Reformatting:
• Pare the application down to make this application process more accessible, usable, and
easier to interpret. Also, add this application in the Citizen Self Portal as well.
Removing Barriers:
• As the current program stands, the applicant cannot start their improvements within the
ninety (90) days prior to application approval, however, many applicants learn of the grant
opportunity during or near project completion. Staff recommends that applicants are
eligible to apply at any time prior to issuance of Certificate of Occupancy/Project
Completion. Additionally, the second barrier is the current timeframe to complete the
improvements, which is four months once the permit is issued. This is a short time frame
to complete the improvements as construction delays are common. As such, the
recommendation is to expand that timeline to twelve (12) months after issuance of
permit(s). Mr. Scribner stated that these proposed changes would remove barriers to
entry/participation of the program and provide access to those who can benefit.
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February 2, 2023
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Furthermore, Mr. Scribner mentioned that staff is currently looking to see if there is a way
applicant(s) could be funded for the project upfront and that staff is currently in discussions
with various banks, but that it is too early to determine at this point if this is a feasible or
not.
Next Steps:
• Mr. Scribner concluded his presentation of item 3 a., by stating the following next steps,
which is to receive feedback from the Board and bring back those changes at the next
meeting for a full policy change and offered any questions from the Board.
Director Mike Lester stated that the initial intent of the BIG program was to support small local
business, as well as existing business, to improve their current facilities and suggested possibly an
increase if the applicant wants to do improvements to the exterior structure. Further, suggesting a
tiered system based on what improvements are being made to help deter from one applicant
receiving a large amount of monies, as well as incorporating language in the contract that
applicants can participate in both the Reinvestment Zone ("RIZ") program and the BIG program
consecutively if they are zoned to the specified area and meet the qualifications. Vice President
Laura Alvarado, Directors Sarah Graham, Jacob Powell and Suhey Rios- Alvarez all concurred
with Lester's concern with issuing all of the funds to one applicant.
President Brandon Capetillo stated that the original intent of the BIG program was to support small
businesses and that there are other tools that the City can use to encourage large scale
improvements that are for larger amounts of for example $0.5 million or more. As such, Mr.
Capetillo suggested the following in order to help assist small businesses — opening the application
period for a specified time frame for small businesses for improvements of full budgeted amount,
and if someone does not apply, then the application period remains open for everything else. Mr.
Capetillo reiterated that the intent of the program is to incubate business owners that are currently
in their home business for them to obtain a brick and mortar location for their business and for
existing businesses to expand.
In conclusion, Mr. Scribner stated that based on the direction from the Board, he will bring back a
flush out policy that is based on a tiered or phased approach, and provide an update on the bank
financing to the Board at their next meeting.
Mr. David Isaac registered to speak before Council regarding agenda item 3.a., and stated that he
is pleased that the Board is offering services to small businesses to support their growth, and
appreciates that the Board is trying to narrow the scope to impact the businesses and areas of the
City that need it the most. Mr. Isaac stated that metrics need to be measured for impact as we move
forward with the program, and add money as needed as it is spent. He also encouraged future
discussions as more data comes in. Further, Mr. Isaac stated his concern with allowing one
applicant to receive the entire program fund balance and would like to keep the eligibility point
system, but a simplified/scaled down version. Lastly, Mr. Isaac expressed his desire to have staff
ensure that the program information gets out as a lot of business are not aware of this program.
4. REPORTS
a. Receive the Monthly Construction Status Report for the Baytown Hotel and
Convention Center Project.
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February 2, 2023
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Finance Director Victor Brownlees introduced Mr. Hugh Cronin with Broaddus & Associates, and Mr.
Mark Bullard, Vice President of Garfield Public/Private LLC. He then turned the podium to Mr.
Cronin, who presented the monthly construction status report for the Baytown Hotel and Convention
Center Project and stated that through the end of January, DPR has built 82% of their current contract
and applications have been reviewed by Broaddus & Associates and approved for payment. Per their
contract schedule, they are at approximately at 85% complete with the work in progress. The original
date of completion was February 24, 2023; however, DPR has experienced delays in delivery of
material, specifically the chillers, which are scheduled to be delivered in February, leaving the
completion date for March 24, 2023. Mr. Cronin was onsite today and stated that progress is going
well, but that he feels it will be a challenge to reach the March completion date; however, a month
buffer was worked into the project schedule. The second and third floors are complete and awaiting
the final punch list from the staff at Hyatt. President Capetillo requested that the Board take a tour prior
to opening, and Mr. Cronin responded that the end of the month would be a good opportunity to do so.
Finance Director Victor Brownlees returned to the podium and updated the Board on the final
Guaranteed Maximum Price ("GMP") of the project and stated that staff is still in conversations with
DPR to flux this item out, and stated that there will be cost overruns for furniture, fixtures, and
equipment, which are items that are not worked into the contract. As such, there might need to be a
budget amendment and if so, that item will be brought before the Board at a later date.
b. Receive the Baytown Municipal Development District's Quarterly Financial and
Investment Reports for the Quarter Ending September 30, 2022.
Chief Financial Officer Teresa McKenzie presented the Baytown Municipal Development
District's Fourth Quarterly Investment Report, for the Quarter Ending September 30, 2022, and
stated that the year ended with a little over $8,000,000 in Revenues. Total Expenditures ended at
$6,000,000 million, which leaves an ending Fund Balance of $2,500,000. As it relates to the
Investment Report, the Fourth Quarter Interest Earnings came in at $12,870 for the fourth quarter,
and offered any questions from the Board.
5. MANAGER'S REPORT
a. The next Baytown Municipal Development District meeting is scheduled for
Thursday, March 2, 2023, at 4:30 p.m., in the Council Chamber located at City Hall, 2401
Market Street, Baytown, Texas, 77520.
President Brandon Capetillo paid honor to the late Ms. Mary Hernandez, who served on the Board
for over fourteen years and the Board provided a moment in silence in remembrance of Ms.
Hernandez. General Manager Jason Reynolds reminded the Board of their next meeting and also
announced that as the Baytown Hotel and Convention Center Project wraps up, staff will bring
new projects before the Board for their discussion/consideration at future meetings.
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February 2, 2023
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6. ADJOURN
With there being no further business to discuss, President Brandon Capetillo adjourned the
February 2, 2023, MDD Board Regular Meeting at 5:22 P.M.
Angela Jarekson, Ass�ant Secii
City of Baytown