2016 08 04 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
August 04, 2016
The Board of Directors of the Baytown Municipal Development District (MDD) met in a
Regular Meeting on Thursday, August 04, 2016, at 4:34 P.M., in the Council Chamber of the
Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Stephen DonCarlos
President
Chris Presley
Vice President
Brandon Capetillo
Director
Gary Englert
Director
Mary Hernandez
Director
Robert Hoskins
Director
David McCartney
Director
Terry Sain
Director
Rick Davis General Manager
Ignacio Ramirez, Sr. General Counsel
Leticia Brysch Assistant Secretary
President DonCarlos convened the August 04, 2016, Municipal Development District (MDD)
Board Regular Meeting with a quorum present at 4:34 P.M., all members were present with the
exception of Director. Hoskins who arrived at 4:46 P.M., Director Englert who arrived at 4:47
P.M., and Directors Brewer, Jirrels, and Renteria who were absent.
1. MINUTES
a. Consider approving the minutes of the Municipal Development District Board
Special Meeting held on July 14, 2016.
A motion was made by Director Mary Hernandez and seconded by Director David McCartney
approving the July 14, 2016, MDD Board Special Meeting minutes. The vote was as follows:
Ayes: Director Brandon Capetillo, President Stephen H. DonCarlos, Director
Mary Hernandez, Director David McCartney, Vice - President Chris
Presley, Director Terry Sain
Nays: None
Other: Secretary Reggie Brewer (Absent), Director Gary Englert (Not Present for
Vote), Director Robert C. Hoskins (Not Present for Vote), Director David
P: Jirrels (Absent), Director Mercedes Renteria III (Absent)
MDD Board Regular Meeting Minutes
August 04, 2016
Page 2 of 10
Approved
2. PUBLIC HEARINGS
a. Conduct a public hearing concerning the Baytown .Municipal Development
District's FY 2016 -17 Proposed Budget.
At 4:34 P.M., President DonCarlos opened and conducted a public hearing concerning the
Baytown Municipal Development District's FY 2016 -17 Proposed Budget.
Finance Director, Wade Nickerson presented the agenda item and stated that there were changes
to the budget since the last meeting. He noted that some of the changes included the removal of
the New Park Service Center project of $650,000 in which $300,000 of that was reallocated to
the Evergreen building rehabilitation with the remaining being reallocated to new initiatives. He
stated that another change included the removal of $50,000 for bridge painting to allow to let go
to the fund balance, in which changed the fund balance to $303,000. Aside from the changes, he
stated that General Manager Davis would provide details regarding the funding for the
development director position.
General Manager Davis stated that the development director position will direct, monitor, and
make recommendations as it relates to the development process. He stated that this position is
important in moving forward with the implementation phase of the recommendations from recent
studies. He noted that per the state code, the use of MDD funding is restricted to the City of
Baytown, Harris County and the extraterritorial jurisdiction (ETJ), but excludes Chambers
County. He also noted that currently there's no certainty of how the development director's time
will utilized, so he recommends moving forward with the new position as originally proposed
and possibly make adjustments in the future to the allocation of time. General Counsel, Ignacio
Ramirez noted that MDD can expend funds for projects in Harris County and the City of
Baytown ETJ, in which, the interpret meaning of that includes all of the City of Baytown that's in
Harris County and all of the City of Baytown's ETJ that includes Harris and Chambers County
but not the city limits of Chambers County.
During further discussion, Director Capetillo stated that as the new position is related to
economic development performances, what would be the difference from that of the contract
with the EDF. General Manger Davis stated that currently the EDF works hand in hand with the
City to development very large projects, whereas, the development director will sort of assist the
EDF in providing details to small and large projects. Additionally, he stated that this position
will take responsibility of the entire development process and allow for the process to
be streamlined to one individual to work with instead of the current process of having to work
with various individuals.
Director Presley stated that because sometimes there are certain limitations based on who a
person reports to, he inquired if the development director's authority would have solution
oriented power that's uncompromising. General Manager Davis stated that this position would
have authority to resolve issues for development and facilitate the moving forward with
development.
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August 04, 2016
Page 3 of 10
Director Capetillo inquired for clarity, that if this position would be taking ownership of all of
the programs. General Manager Davis stated that the position would take control over the
development process in which monitors the progress of a project through the entire development
process, as well as, allow for more transparency and accountability from the current processes.
Director Capetillo further inquired as to why isn't there a reduction in the product administration
line item being that this position is eliminating some of the responsibilities from other staff.
General Manager Davis stated that staff is at a comfortable level of bureaucracy, but
administration's intent is to fill in current gaps that aren't being covered and make improvements
to the current process in which staff is not in position to do. Additionally, Director Capetillo
inquired if this position would be equivalent to that of a director. In response to Director
Capetillo's inquiry regarding the director's equivalency, General Manager Davis stated that this
position would be equivalent to that of directors as a peer and not as a subordinate.
During further discussion, Director McCartney inquired if the position will be necessary in the
future if development decreases. General Manager Davis stated that if development decreases
this position as well as other positions could be effected and staff will respond accordingly.
President DonCarlos stated that as he's been approached far too often from developers that have
had issues with moving forward with their projects for various reasons; he feels that this
improvement will allow for an easier process while maintaining standards and is worth the effort.
Director Capetillo inquired if the director would be responsible for a certain size project or all
projects. In an effort to respond to Director Capetillo's inquiry, General Manager Davis stated
that the director's time will be busiest with larger projects but if necessary will be available for
any project. He further stated that this position will be opened internally and externally in
order to evaluate all qualified applicants and acquire the right person for the job. Additionally,
General Manager Davis stated that this position is a rare find as it will be someone who knows
development from the aspect of government, as well as, a developer; someone with the right
patience temperament, personality and demeanor to provide a high level of customer service, and
someone who speaks with authority from the city administrative perspective.
With there being no one registered to speak regarding agenda item 2.a. President DonCarlos
closed the public hearing at 5:13 P.M.
3. PROPOSED RESOLUTIONS
a. Consider a resolution adopting the Baytown Municipal Development District
FY2016 -17 Budget.
A motion was made by Director Terry Sain and seconded by Director David McCartney
approving Resolution No. 284 regarding agenda item 3.a. The vote was as follows:
Ayes: Director Brandon Capetillo, President Stephen H. DonCarlos, Director
Gary Englert, Director Mary Hernandez, Director Robert C. Hoskins,
Director David McCartney, Vice - President Chris Presley, Director Terry
Sain
MDD Board Regular Meeting Minutes
August 04, 2016
Page 4 of 10
Nays: None
Other: Secretary Reggie Brewer (Absent), Director David P. Jirrels (Absent),
Director Mercedes Renteria III (Absent)
Approved
RESOLUTION NO. 284
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT ADOPTING A BUDGET FOR THE
ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2016, AND ENDING
SEPTEMBER 30, 2017; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider a resolution approving the Baytown Municipal Development
District's Investment Policy and Strategy Statement in accordance with the Public Fund's
Investment Act.
Mr. Nickerson presented the agenda item and stated that Resolution No. 285 approves the
changes to this Investment Policy which include adding himself as an investment officer
and removing one of the broker /dealers from the policy who is no longer doing business.
A motion was made by Director David McCartney and seconded by Director Terry Sain
approving Resolution No. 285 regarding agenda item 3.b. The vote was as follows:
Ayes: Director Brandon Capetillo, President Stephen H. DonCarlos, Director
Gary Englert, Director Mary Hernandez, Director Robert C. Hoskins,
Director David McCartney, Vice - President Chris Presley, Director Terry
Sain
Nays: None
Other: Secretary Reggie Brewer (Absent), Director David P. Jirrels (Absent),
Director Mercedes Renteria III (Absent)
Approved
RESOLUTION NO. 285
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT ADOPTING THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT'S INVESTMENT POLICY IN
ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
MDD Board Regular Meeting Minutes
August 04, 2016
Page 5 of 10
4. CONSENT
Mayor DonCarlos stated that consent agenda item 4.a. was removed the consent agenda.
A motion was made by Director David McCartney and seconded by Vice - President Chris
Presley approving consent agenda items 4.b. through 4.j. The vote was as follows:
Ayes: Director Brandon Capetillo, President Stephen H. DonCarlos, Director
Gary Englert, Director Mary Hernandez, Director Robert C. Hoskins,
Director David McCartney, Vice - President Chris Presley, Director Terry
Sain
Nays: None
Other: Secretary Reggie Brewer (Absent), Director David P. Jirrels (Absent),
Director Mercedes Renteria III (Absent)
Approved
a. Consider a resolution authorizing an interlocal agreement with the City of
Baytown to paint bridge overpasses throughout the City.
b. Consider a resolution authorizing an interlocal agreement with the City of Baytown
for improvements to the Baytown sports league facilities.
RESOLUTION NO. 286
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 TO THE BAYTOWN
SPORTS LEAGUE FACILITIES; AUTHORIZING PAYMENT OF AN
AMOUNT NOT TO EXCEED FIFTY THOUSAND AND N01100 DOLLARS
($50,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider a resolution authorizing an interlocal agreement with the City of Baytown
for the replacement of the Jenkins Park Restroom and the installation of a new restroom at
the Wayne Gray Sports Complex.
RESOLUTION NO. 287
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 THE REPLACEMENT OF THE JENKINS PARK
MDD Board Regular Meeting Minutes
August 04, 2016
Page 6 of 10
RESTROOM AND A NEW RESTROOM AT THE WAYNE GRAY SPORTS
COMPLEX; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO
EXCEED THREE HUNDRED THIRTY THOUSAND AND NO 1100 DOLLARS
($330,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider a resolution authorizing an interlocal agreement with the City of Baytown
for cleanup on Goose Creek.
RESOLUTION NO. 288
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 THE GOOSE CREEK CLEANUP PROJECT;
AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED TWENTY
THOUSAND AND NO /100 DOLLARS ($20,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Consider a resolution authorizing an interlocal agreement with the City of Baytown
for the development and construction of a special needs playground at William B. Travis
Elementary School Park.
RESOLUTION NO. 289
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 A SPECIAL NEEDS PLAYGROUND AT
WILLIAM B. TRAVIS ELEMENTARY SCHOOL PARK; AUTHORIZING
PAYMENT OF AN AMOUNT NOT TO EXCEED FIFTY THOUSAND AND
NO /100 DOLLARS ($50,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider a resolution authorizing an interlocal agreement with the City of Baytown
for improvements to Evergreen Park.
RESOLUTION NO. 290
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 AT EVERGREEN PARK;
AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED ONE
HUNDRED SIXTY -FIVE THOUSAND AND NO /100 DOLLARS
MDD Board Regular Meeting Minutes
August 04, 2016
Page 7 of 10
($165,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Consider a resolution authorizing an interlocal agreement with the City of
Baytown for improvements to the Evergreen Park Clubhouse.
RESOLUTION NO. 291
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 TO THE EVERGREEN
PARK CLUBHOUSE; AUTHORIZING PAYMENT OF AN AMOUNT NOT
TO EXCEED EIGHT HUNDRED THOUSAND AND NO /100 DOLLARS
($800,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
h. Consider a resolution authorizing an interlocal agreement with the City of Baytown
for the construction of the Goose Creek Trail Phase VI.
RESOLUTION NO. 292
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 THE GOOSE CREEK TRAIL PHASE VI;
AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED TWO
HUNDRED FIVE THOUSAND AND NO /100 DOLLARS ($205,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF. -
i. Consider a resolution authorizing an interlocal agreement with the City of Baytown
for the operation of the Ice Rink at Town Square.
RESOLUTION NO. 293
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 THE OPERATION OF THE TOWN SQUARE
ICE RINK; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED
FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
MDD Board Regular Meeting Minutes
August 04, 2016
Page 8 of 10
j. Consider a resolution authorizing an interlocal agreement with the City of Baytown
for the Pirates Bay Water Park addition of an Aqua Loop.
RESOLUTION NO. 294
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 THE PIRATES BAY WATER PARK AQUA
LOOP PROJECT; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO
EXCEED TWO HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS
($250,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5. BUSINESS ITEMS
a. Consider the election of officers for President and Vice President, and Secretary;
and the appointment of an Assistant Secretary.
Assistant Secretary, Leticia Brysch presented the agenda item to consider the election of officers
for President and Vice President, and Secretary; and the appointment of an Assistant Secretary.
She stated that the current officers of the MDD Board are Stephen H. DonCarlos, President;
Chris Presley, Vice President; Reggie Brewer, Secretary; and the City Clerk as Assistant
Secretary.
A motion was made by Director Brandon Capetillo. and seconded by Director Terry Sain
approving for the current listed positions to remain for another one (1) year term as follows:
Stephen DonCarlos, as President; Chris Presley, as Vice President; and the City Clerk, as
Secretary. The vote was as follows:
Ayes: Director Brandon Capetillo, President Stephen H. DonCarlos, Director
Gary Englert, Director Mary Hernandez, Director Robert C. Hoskins,
Director David McCartney, Vice - President Chris Presley, Director Terry
Sain
Nays: None
Other: Secretary Reggie Brewer (Absent), Director David P. Jirrels (Absent),
Director Mercedes Renteria III (Absent)
Approved
6. REPORTS
a. Receive the Economic Development Foundation's third quarter report.
MDD Board Regular Meeting Minutes
August 04, 2016
Page 9 of 10
Mr. BJ Simon presented the Economic Development Foundation's (EDF) third-quarter report. He
stated that in this quarter the EDF responded to 77 prospects. He stated that they continue to
work with the City on implementing strategies to activate city property and make referrals as
needed. Mr. Simon stated that the redevelopment with San Jacinto Mall and Phase 2 of the
Chambers Town Center is moving forward. He further stated that a site visit is scheduled for a
redevelopment project and something should be submitted to the City with this regard within 60
days. Additionally, Mr. Simon noted that the EDF's work is always limited and will be a handoff
to the City's development system.
Mr. Nickerson recommended that agenda items 6.b.and 6.c. be considered together.
b. Receive the Baytown Municipal Development District's Revenues and Expenditures
Report for the Quarter Ending June 30, 2016.
C. Receive the Baytown Municipal Development District's Quarterly Investment
Report for the Quarter Ending June 30, 2016.
Mr. Nickerson stated that during this quarter the revenues and expenditures are expected to be at
75% of budget whereas the revenues were at 77 %. He stated that the revenues were trending
upward and was 5% above last year. He noted that although there was a negative reporting
during May that was based on an adjustment from the state which was caused by a vendor
requesting a refund, analysis shows that sales tax will improve going forward. Mr. Nickerson
further stated that the expenditures were under the expected 75 %, but noted that the
parks projects were at 89% which is not expected to go over budget.
Additionally, Mr. Nickerson stated that there's $3.185 million in the portfolio which is invested
at .416% that gives $3,080 in revenue for the quarter.
7. MANAGER'S REPORT
a. Reminder that the next Baytown Municipal Development District meeting is
scheduled for Thursday, September 01, 2016, at 4:30 P.M., in the City Council Chamber,
2401 Market Street, Baytown, Texas, 77520.
General Manager Davis presented the agenda item and stated that the next Baytown Municipal
Development District meeting is scheduled for Thursday, September 01, 2016, at 4:30 P.M., in
the City Council Chamber, 2401 Market Street, Baytown, Texas, 77520.
8. ADJOURN
A motion was made by Director Brandon Capetillo and seconded by Director Robert C. Hoskins
adjourning the August 04, 2016, MDD Board Regular Meeting. The vote was as follows:
Ayes: Director Brandon Capetillo, President Stephen H. DonCarlos, Director
Gary Englert, Director Mary Hernandez, Director Robert C. Hoskins,
MDD Board Regular Meeting Minutes
August 04, 2016
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Director David McCartney, Vice - President Chris Presley, Director Terry
Sain
Nays: None
Other: Secretary Reggie Brewer (Absent), Director David P. Jirrels (Absent),
Director Mercedes Renteria III (Absent)
Approved
With there being no further business to discuss, President DonCarlos adjourned the August 04,
2016, Municipal Development District (MDD) Board Regular Meeting at 5:28 P.M.
1116
L ticia Brysch, AssisthAt Secretary
City of Baytown