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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. MDD Board Regular Meeting Minutes 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 Page 10 of 10 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