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2009 11 05 MDD MinutesMINUTES OF THE MEETING OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT November 05, 2009 The Baytown Municipal Development District of the City of Baytown, Texas, met in a Regular Meeting on Thursday, November 05, 2009, at 4:34 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Director Lynn A. Caskey, II Director David McCartney Director Terry Sain Director Scott Sheley Director Lena Yepez Director Kirven Tillis Director Mary Hernandez Director Stephen DonCarlos President Garrison C. Brumback General Manager Bob Leiper Deputy General Manager Ignacio Ramirez, Sr. General Counsel Kevin Troller Assistant General Manager Leticia Garza Assistant Secretary Directors Reggie Brewer and Ruben Linares were absent from the November 05, 2009 Baytown Municipal Development District Regular Meeting. President DonCarlos convened the November 05, 2009, Regular Meeting with a quorum present at 4:34 P.M. 1. MINUTES a. Approve the Minutes of the Baytown Municipal Development District (MDD) Regular Meeting held on September 03, 2009. Motion was made by Director Sheley, seconded by Director Yepez approving the minutes from the September 03, 2009, Municipal Development District Regular Meeting. The vote was as follows: Ayes: Directors: Capetillo, Caskey, McCartney, Sain, Sheley, Yepez, Tillis, Hernandez, and President DonCarlos Nays: None Page 2 of 6 Minutes of the November 05, 2009 MDD Board Meeting Abstention: Directors: Brewer and Linares The motion passed. 2. PROPOSED RESOLUTIONS a. Interlocal Agreement for the Purchase of 2.8190 Acres - Parks and Recreation. General Manager, Garry Brumback presented the agenda item and stated that Resolution No. 138 approves an interlocal agreement with the City of Baytown for expenditures of up to $100,000 to be utilized toward the purchase of 2.8190 acres located adjacent to the Wayne Gray Sports Complex. The vacant property is located on the northeast corner of the Wayne Gray Sports Complex. The land will be used for the expansion of the Republic of Texas Plaza, possibly a future visitor's center and for the placement of a new elevated water tower. The earnest money contract with City establishes a total sales price of $463,849.98. The MDD funding for this project is budgeted under acquisition of park property. Motion was made by Director Caskey, seconded by Director Yepez approving Resolution No. 138. The vote was as follows: The motion passed. Ayes: Directors: Capetillo, Caskey, McCartney, Sain, Sheley, Yepez, Tillis, Hernandez, and President DonCarlos Nays: Sheley RESOLUTION NO.138 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF BAYTOWN FOR PARTIAL FUNDING OF THE PURCHASE OF 2.8190 ACRES LOCATED ADJACENT TO THE WAYNE GRAY SPORTS COMPLEX; AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 3 of 6 Minutes of the November 05, 2009 MDD Board Meeting b. Interlocal Agreement for Improvements along Goose Creek Stream Greenbelt - Parks and Recreation. General Manager, Garry Brumback presented the agenda item and stated that Resolution No, 139 authorizes an interlocal agreement with the City of Baytown for expenditures of up to $125,000 for improvements along the Goose Creek Stream Greenbelt. Several small projects are planned, including: upgrading trails to concrete along the back side of the Goose Creek Phase I trail, parking improvements, lighting improvements and additional fishing piers. Deputy General Manager, Robert Leiper stated that no parking improvements are specified at this time. Motion was made by Director Sheley, seconded by Director McCartney approving Resolution No. 139. The vote was as follows: The motion passed. Ayes: Directors: Capetillo, Caskey, McCartney, Sain, Sheley, Yepez, Tillis, Hernandez, and President DonCarlos Nays: None RESOLUTION NO. 139 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF BAYTOWN FOR FUNDING OF IMPROVEMENTS ALONG THE GOOSE CREEK STREAM GREENBELT; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($125,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Interlocal Agreement for Wastewater System - Administration. City Manager, Garry Brumback presented the agenda item and introduced Deputy General Manager, Robert Leiper for further discussion and detail. Mr. Leiper stated that Resolution No. 140 approves an interlocal agreement with the City of Baytown for up to $500,000 to extend wastewater infrastructure along I -10. Page 4 of 6 Minutes of the November 05, 2009 MDD Board Meeting The potential development area west of San Jacinto Mall, along I -10 lacks reasonable access to wastewater, and yet a limited amount of development has occurred using private force main lines along easements on I -10. The cost to bring large capacity wastewater to the site is beyond the means of a single developer and in order to attract significant development in the area, the City must provide potential developers more reasonable access to wastewater. This interlocal agreement with the City of Baytown provides up to $500,000 to create access along I -10 to a large wastewater collection system and to place initial collection points for two promising developments west of the Goose Creek Consolidated Independent School District Administration Building. The system, designed in- house, will have the capacity for extensions, in order to serve a large portion of the undeveloped tract. This area is located in the Tax Increment Reinvestment Zone Number 1 (TIRZ), making this expenditure eligible for reimbursement. Additionally, as development occurs, the TIRZ will reimburse the City of Baytown, who will in turn repay the Municipal Development District (MDD) fund; this agreement is similar to that of Independence Boulevard and initial development is sharing in their portion of the cost to provide service to their property. Funding for this project is available in the adopted MDD budget under "Cost share to up -size utilities ". Motion was made by Director Sain, seconded by Director McCartney approving Resolution No. 140. The vote was as follows: The motion passed. Ayes: Directors: Capetillo, Caskey, McCartney, Sain, Sheley, Yepez, Tillis, Hernandez, and President DonCarlos Nays: None RESOLUTION NO. 140 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF BAYTOWN FOR FUNDING TO EXTEND WASTEWATER INFRASTRUCTURE; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND AND NO /100 DOLLARS ($500,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 6 Minutes of the November 05, 2009 MDD Board Meeting 3. DISCUSSION a. Economic and Retail Development - Administration. General Manager, Garry Brumback presented the agenda item to discuss programs to encourage economic and retail development within the jurisdictional boundaries of the Baytown Municipal Development District. Mr. Brumback stated that some things that have been contemplative conversation for developers were: (1) to build out around the Tractor Supply Store, requesting TIRZ to build out Hunt Road to North Main, (2) that the school district is looking to build an elementary school between Garth Road and John Martin, (3) that Alexander Road is in need of some support, and (4) providing certain packaging incentives for Texas Avenue, Alexander, and Market Street to promote growth. Mr. Brumback also stated that incentive packages will be brought back to Council in a future meeting. Mayor DonCarlos stated that the City finds itself in happy circumstances because even though the country is encountering a difficult economic situation, the City of Baytown is on the radar screen of many retail developers. Mr. Brumback stated, during the discussion of road build outs, that in order to accomplish this task, bonds would be sold, and would therefore have an impact on taxes. Mr. Brumback, in response to a question from Director Sheley regarding whether some of the proposed roads qualify for TIRZ reimbursements, that TIRZ works on an incremental increases based on the development, and were therefore not automatically reimbursed. Additionally, a revenue source is not associated until a year after the revenue occurs. Mr. Leiper also indicated that a challenge to paving roads is due to the high cost associated with the work and the reimbursement period being long. Director Caskey suggested using as much in house engineering as possible for these projects. Mr. Leiper, in response to a question from Director Capetillo regarding how TIRZ expansion works stated that in the last legislature amendments were made to the TIRZ and can now expand it into the ETJ. 4. MANAGER'S REPORT a. Quarterly Investment Report for the period ending September 30, 2009 - Finance. Assistant Finance Director, Andrea Deaton reviewed the Quarterly Investment Report for the period ending September 30, 2009, for the Baytown Municipal Development District and stated that the MDD Board is averaging .2822 %. r tr A Page 6 of 6 Minutes of the November 05, 2009 MDD Board Meeting Director McCartney asked why all the money is going into textpool instead of putting some in short term CD's for a better interest rate. Ms. Deaton stated that staff would review options and bring them back to the Board at a future meeting. The Baytown Municipal Development District's Investment Report for the quarter ending September 30, 2009, is being submitted in accordance with the Public Funds Investment Act Section 2256 -023 (a) and (b). b. Monthly Sales Tax Report - Finance, Assistant Finance Director, Andrea Deaton reviewed the Baytown Municipal Development District's monthly sales tax report and stated that $32, 000 was received which was up 11.58% and $32,000 higher than last year. Ms. Deacon also stated that taxes are up 4% for the entire year. 4. ADJOURN Motion was made by Director Caskey, seconded by Director McCartney adjourning the MDD November 5, 2009, Regular Meeting. The vote was as follows: Ayes: Directors: Capetillo, Caskey, McCartney, Sam, Sheley, Yepez, Tillis, Hernandez, and President DonCarlos Nays: None The motion passed. President DonCarlos adjourned the MDD Regular Meeting on November 05, 2009, at 5:23 P.M.