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2004 07 15 MDD Minutes 4 111 MINUTES OF THE MEETING OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT July 15, 2004 4:30 p.m. The Board of Directors of the Baytown Municipal Development District met on July 15, 2004, at 4:30 p.m. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Harris County, Texas with.the following in attendance: Fritz Lanham Director Sammy Mahan Director Don Murray. Director Calvin Mundinger Director Mercedes Renteria III Director Terry Sain Director Scott Sheley Director Leonard Stasney Director Gary Jackson General Manager Ignacio Ramirez, Sr. General Counsel Gary W. Smith Assistant Secretary 41111 Absent: Ronnie Anderson Vice-President The meeting was called to order by the Assistant Secretary with a quorum present after which the following business was conducted: Consider election of a temporary chairperson. Director Sheley nominated Director Mundinger to serve as temporary chairperson. Director Sain seconded the nomination. There were no other nominations and the nominations closed: The vote follows: Ayes: Directors Lanham, Mahan, Murray, Mundinger, Renteria, Sain, Sheley and Stasney Nays: None. Director Mundinger was elected temporary chairperson. Consider approval of the minutes of the meeting held on June 3, 2004. Director Lanham moved approval of the minutes of the meeting held on June 3, 2004. Director Murray seconded the motion. The vote follows: Page 2 of 6 Minutes of the Regular Meeting—July 15, 2004 • Ayes: Directors Lanham, Mahan, Murray, Sain, Sheley and Stasney Temporary Chairperson Mundinger • Nays: None. Abstentions: Director Renteria. The motion carried. Consider election of officers. Temporary Chairperson Mundinger opened the floor for nominations for President. Director Murray nominated Director Mundinger for President. Director Mahan seconded the nomination. There were no further nominations and the nominations closed. The vote follows: Ayes: Directors Lanham,Mahan,Murray, Renteria, Sain, Sheley and Stasney Temporary Chairperson Mundinger Nays: None. Director Mundinger was elected President. Director Allen arrived at 4:33 p.m. • President Mundinger opened the floor for nominations for Vice-President. Director Mahan nominated Director Renteria for Vice-President. Director Sheley seconded the nomination. There were no further nominations and the nominations closed. The vote follows: Ayes: Directors Allen, Lanham,Mahan, Murray,Renteria, Sain, Sheley and Stasney Temporary Chairperson Mundinger Nays: None. Director Renteria was elected Vice-President. President Mundinger opened the floor for nominations for Secretary. Director Murray nominated Director Allen for Secretary. Director Sain seconded the nomination. There were no further nominations and the nominations closed. The vote follows: Ayes: Directors Allen, Lanham,Mahan, Murray, Renteria, Sain, Sheley and Stasney Temporary Chairperson Mundinger Nays: None. • Director Allen was elected Secretary. Page 3 of 6 e Minutes of the Regular Meeting—July 15, 2004 Consider Proposed Resolution No..040715-1, reallocating $240,000 from the Goose Creek Stream Phase IV project for the Goose Creek Stream Phase III project in the 2003-2004 budget and approving an interlocal agreement with the City of Baytown to provide funding for the Goose Creek Stream Phase III project. Proposed Resolution No. 040715-1 reallocates funding, not to exceed$240,000, from the Goose Creek Stream Phase IV project to the Goose Creek Stream Phase III project and authorizes an interlocal agreement with the City of Baytown to provide funding for the Goose Creek Stream Phase III project. Phase III was started in 1993. It is a $2,343,903.42 project funded by an 80/20 federal grant from a federal Intermodal, Surface Transportation Enhancement Act of 1991 (ISTEA) grant and an 80/20 Congestion Mitigation Air Quality (CMAQ) grant. The City's match for the project is $469,862.83 . and due to funds in excess of the federal share, right-of-way costs and design costs paid by the City, the total funds owed by the City is $308,430.42. This phase will extend the trail from Arizona Street to West Texas Avenue. When this project was started and funding was allocated, the TxDOT required match did not include construction management charges. TxDOT now charges an 11.3% construction management fee, based on the total project cost. This reallocation will allow this long awaited project to go to bid later this year. The Goose Creek Stream Project, Phase IV will not be ready for bid during the current fiscal year and the MDD Board can consider budgeting the funds to replace this reallocation in the 2004- 2005 budget. The Parks Department is continuing to pursue grant funding that may be available to reimburse the MDD for this funding, if successful. A memorandum is included in the packet to provide additional detail on the funding and history of this phase of the project. Director Stasney moved approval of the proposed resolution. Director Lanham seconded the motion. The vote follows: Ayes: Directors Allen,Lanham, Mahan,Murray,Renteria, Sain, Sheley, and Stasney President Mundinger Nays: None. The motion carried. A RESOLUTION OF, THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REALLOCATING FUNDING, NOT TO EXCEED TWO HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($240,000.00), FROM THE GOOSE CREEK STREAM PHASE IV PROJECT TO THE GOOSE CREEK STREAM PHASE III PROJECT AUTHORIZING THE PRESIDENT TO EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE CITY OF BAYTOWN TO PROVIDE FUNDING FOR THE GOOSE CREEK STREAM.PHASE III PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. • Page 4 of 6 Minutes of the Regular Meeting—July 15,2004 Consider Proposed Resolution No. 040715-2, authorizing the Third Amendment to the Economic • Development Contract with Baytown/West Chambers County Economic Development Foundation. Proposed Resolution No. 040715-2 authorizes the Third Amendment to the Economic Development Contract with Baytown/West Chambers County Economic Development Foundation. The First Amendment, approved on October 2, 2003, combined the City's previous $25,000 contract and the District's previous $25,000 contract into a single $50,000 contract for basic services and combined the terms (which were different) so that the new contract would end with the 2004 fiscal year. The result of the First.Amendment is that the new$50,000 contract covers 17 months instead of.12 months without providing compensation for the additional five months. Two quarters have already been paid out of FY 2003 funds. The Second Amendment was approved on November 6, 2003, and increased the required payments to be consistent with the extended term. This proposed Third Amendment will change the timing of the required payments so that paym ents will be due at the beginning of each quarter rather than after the end of the quarter. This revised payment schedule will affect only the payment for the quarter ending September 30, 2004. Director Stasney moved approval of the proposed resolution. Director Sheley seconded the motion. The vote follows: Ayes: Directors Allen,Lanham,Mahan,Murray,Renteria, Sain, Sheley, and Stasney President Mundinger. Nays: None. 41111 The motion carried. 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 THE THIRD AMENDMENT TO THE ECONOMIC DEVELOPMENT CONTRACT BETWEEN THE BAYTOWN AREA/WEST CHAMBERS COUNTY ECONOMIC DEVELOPMENT FOUNDATION AND THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR ECONOMIC DEVELOPMENT SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Review and discuss draft of the proposed 2004-2005 fiscal year budget. Mr. Jackson reviewed the draft of the proposed 2004-2005 fiscal year budget with the Board. Proposed funding for the Northeast District Wastewater Treatment Plant increased due to the increased costs estimates. The cost included is for the entire project, the plant and the collection system that will serve the plant. The estimate has increased from the 1999 rough estimate of$18,000,000 to a much more refined estimate of$23,000,000. Not included in the budget, but also in need of expansion, is the West District Wastewater Treatment Plant. Developers are showing significant interest in the area served by the West District Plant. • • Page5of6 ft Minutes of the Regular Meeting—July 15, 2004 Funds have been accumulated in the economic development projects. One-half the cost of'the gipproposed Unified Land Development Code will be provided by the economic development funds, while the other one-half will come from the City's general fund. Tax Increment Reinvestment Zone administrative expenses are budgeted until the Zone generates an increment. The advance funding will be reimbursed from the increment. The consultant to the TIRZ has agreed to suspend billing for his services until an increment is produced. The two contracts with the Economic Development Foundation are funded from this section also. The signal synchronization of Garth Road has been completed. Funding is proposed to provide the engineering.for the design of the synchronization of North Main Street and North Alexander Drive. These projects are included in the Houston Galveston Area Council's TIF for 2006. If the design is completed and another project fails to fund, the project might advance to 2005. Any sidewalk project must relate to the creation of primary jobs or a parks project. Funding is proposed for the alternate bid items for the Gray Sports Complex project. . The Board discussed the possible need to reprioritize projects due to inflation since the creation of the cost estimates for projects. Mr. Jackson stated that the budget was adjusted to include only those projects that were compliant with the law. The East Harris County Soccer Complex was included even though presently payment of expenses related to the Complex may be prohibited by the statute. Representative Wayne Smith has previously introduced legislation to amend the statute to clearly reflect that the District may fund 4110 projects outside the boundaries of the District. If this is approved, it will be approved before the end of the 2004-05 fiscal year. Director Allen left the meeting at 5:43 p.m. . Director Stasney noted that completion of the Sports Complex would save the inflationary costs that will be incurred through delaying the project. He also noted that assistance to the Soccer Complex would assist the Baytown area in recreational opportunities. The directors requested that an update of from Harris County be obtained and provided at the next meeting. Mr. Jackson called the Board's attention to the proposed air conditioning of the Roseland Park Pavilion. This is a new project. The Board discussed the situation with East Little League and the property on Ward Road. The East Little League President is attempting to meet with the Scanlan Foundation concerning the property. Mr. Jackson also noted that the proposed budget increases working capital approximately$200,000. Receive quarterly investment report for the period ending June 30, 2004 for Municipal fii) Development District. Page 6 of 6 Minutes of the Regular Meeting—July 15, 2004 In accordance with the Public Funds Investment. Act Section 2256-023 (a) and (b), the City of t • Baytown Finance Department has prepared and is presenting the Investment Report for the quarter ending June 30, 2004. A copy of the report was presented to the Board. General Manager's report. Mr. Jackson reported that the sales tax collection report received in June 2004 was down 1% over the same period in the preceding year. The amount received was $222,896, compared to $224,239 for the same period in 2003. Adjourn. Director Murray moved adjournment. Director Stasney seconded the motion. The vote follows: Ayes: Directors Allen, Lanham, Mahan,Murray, Renteria, Sain, Sheley, and Stasney President Mundinger Nays: None. The motion carried. There being no further business, the meeting adjourned.at 5:55 p.m. Gary . Smith,Assistant Secretary • . 411)