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2010 09 02 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT September 02, 2010 The Board of Directors of the Baytown Municipal Development District (MDD) met in a Regular Meeting on Thursday, September 02, 2010, at 4:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Reggie Brewer Director Brandon Capetillo Director Lynn A. Caskey, II Director Mary Hernandez Director David McCartney Director Mercedes Renteria Director Terry Sain Director Scott Sheley Director Vacancy 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 Secretary Director Linares was absent from the September 02, 2010 Regular Meeting. President DonCarlos convened the September 02, 2010, Regular Meeting with a quorum present at 4:30 P.M. 1. MINUTES a. Approve the Minutes of the Baytown Municipal Development District (MDD) Board Regular Meeting held on August 05, 2010. A motion was made by Director McCartney and seconded by Director Capetillo approving the minutes from the August 05, 2010 Municipal Development District (MDD) Board Regular Meeting. The vote was as follows: Ayes: Directors: Brewer, Capetillo, Hernandez, McCartney, Renteria, Sain, Sheley, and President DonCarlos Nays: None Page 2 of 8 Minutes of the September 02, 2010 MDD Board Regular Meeting Abstained: Director Caskey The motion passed. President DonCarlos recommended that the Board consider items 2.b. thru 2.g. together. A motion was made by Director Sheley, and seconded by Director Renteria approving Present DonCarlos recommendation to consider items 2.b. through 2.g. together. The vote was as follows: Ayes: Directors: Brewer, Capetillo, Caskey, Hernandez, McCartney, Renteria, Sain, Sheley, and President DonCarlos Nays: None The motion passed. 2. PROPOSED RESOLUTIONS a. Reallocation of 2009 -2010 Budget Funds for Parks Projects - Administration. Resolution No. 150 reallocates the following funds within the 2009 -2010 MDD Budget: 1. Move $118,000 from Unforeseen/New Initiatives to Parks Projects for Unidad Park Trail Project; 2. Move $109,000 from Unforeseen/New Initiatives to Parks Projects for Eddie Huron Park Project; and 3. Move $210,000 from Unforeseen/New Initiatives to Parks Projects for Bleacher Covers at East Little League Park, Central Little League Park, West Little League fields at Westwood Park and Jenkins Park. These changes will not alter the total 2009 -10 MDD budget. A motion was made by Director Brewer, and seconded by Director Renteria approving Resolution No. 150. The vote was as follows: Ayes: Directors: Brewer, Capetillo, Caskey, Hernandez, McCartney, Renteria, Sain, Sheley, and President DonCarlos Nays: None The motion passed. Page 3 of 8 Minutes of the September 02, 2010 MDD Board Regular Meeting RESOLUTION NO. 150 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT MAKING A CHANGE IN THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT'S FISCAL YEAR 2009 -2010 BUDGET IN ORDER TO REPROGRAM FUNDS TO PROVIDE FUNDING FOR PARKS AND RECREATION PROJECTS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Improvements to the Wayne Gray Sports Complex - Parks and Recreation. Resolution No. 151 authorizes an Interlocal Agreement with the City of Baytown for expenditure up to $125,000 for improvements at the Wayne Gray Sports Complex. Several small projects including a 26' x 42' shade structure near the entrance to Pirates Bay and connecting trails around the new Pirates Bay Waterpark; grading and drainage improvements are also included in the project list. The funding will be available October 01, 2011. RESOLUTION NO. 151 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 WAYNE GRAY SPORTS COMPLEX; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY -FIVE THOUSAND AND NO1100 DOLLARS ($125,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Sports League Improvements - Parks and Recreation. Resolution No. 152 authorizes an Interlocal Agreement with the City of Baytown for expenditures up to $25,000 for improvements to several Little Leagues facilities from the 2010 — 2011 MDD Budget. This agreement will provide funding for several improvement projects at the City's various little league facilities. The repairs /improvements include fencing repairs, dugout repairs and bleacher covers and/or roofs. Page 4 of 8 Minutes of the September 02, 2010 MDD Board Regular Meeting RESOLUTION NO. 152 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 SEVERAL LITTLE LEAGUE FACILITIES; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Director Caskey inquired about the wash out in the East Little League Park. Mr. Johnson stated that the public works department will be addressing this issue. d. Improvements to Unidad Park - Parks and Recreation. Resolution No. 153 authorizes the First Amendment to the Agreement for Funding the Unidad Park Trail Project and the Jenkins Park Bridge Project for improvements to Unidad Park and provides additional funding for the Unidad Park Trail Project of up to $118,000. The Parks and Recreation Department plans to remove and replace the existing four foot deteriorated trail with a six foot wide concrete trail. The 4,292 -foot long trail will replace the aging trail that has been in place for over 20 years. The Department has already started construction on a portion of this trail and also plans to construct an additional picnic shelter in the heavily used park. Additional future improvements to the park, not included in this proposal, include a lighted quick soccer court and an upgraded playground. Of the original $49,000 budget, there is $37,000 available for this $155,000 park upgrade; additional funding is available in the unforeseen/new initiatives account. The project is expected to be complete in the spring of 2011. RESOLUTION NO. 153 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR THE FUNDING OF THE UNIDAD PARK TRAIL PROJECT AND THE JENKINS PARK BRIDGE PROJECT; AUTHORIZING PAYMENT OF AN ADDITIONAL AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTEEN THOUSAND AND NO /100 DOLLARS ($118,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 8 Minutes of the September 02, 2010 MDD Board Regular Meeting e. Construction of Splash Deck at Bergeron Park - Parks and Recreation. Resolution No. 154 authorizes an Interlocal Agreement with the City of Baytown for expenditures up to $250,000 for the construction of a splash deck at Bergeron Park. The Aquatic Facilities Master Plan completed and adopted by Council in June 2007, recommended the construction of several spray parks and splash decks in addition to the construction of Pirates Bay and the N.C. Foote Family Aquatics Center. One of the locations for a splash deck was Bergeron Park. This funding request will provide funding for that project; a draft layout will be presented at the meeting. The funding will be available October 1, 2011 and the project is expected to be complete in the spring of 2011. The Board considered and discussed the item in depth and the following comments were noted to the staff for further review: • President DonCarlos inquired if there would be sufficient water access or if more water lines will be needed. • Director Renteria inquired if another water fountain can be added to the park since there is only one presently there. • Director Hernandez inquired if a walking trail can continue to the west side of the park along the street. • President DonCarlos suggested adding the continuation of the trail as an alternate to the bid. • Director Sheley suggested to Mill and Overlay the streets around this park. RESOLUTION NO. 154 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 BERGERON PARK SPLASH DECK 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. L Improvements to Eddie Huron Park - Parks and Recreation. Resolution No. 155 authorizes an Interlocal Agreement with the City of Baytown for expenditures up to $109,000 for improvements to Eddie Huron Park. The Parks and Recreation Department plans to begin active development of Eddie Huron Park located Page 6 of 8 Minutes of the September 02, 2010 MDD Board Regular Meeting on Bush Road north of W. Baker Road. The park land was originally purchased in the 1970's as future parkland and was minimally developed as practice soccer fields in the 1990's. However, the park is now surrounded by several subdivisions and the park demands have changed. This request is the first phase of the renovations that will include the re- grading of the five acre park to improve drainage, repositioning one of the soccer fields, the construction of a small parking lot, a picnic shelter with grill and a playground. Additionally, future improvements to the park not included in this proposal, are a loop walking trail, area lighting and additional picnic shelters. The funding is available in the Unforeseen/New Initiatives account. The project is expected to be complete in the spring of 2011. RESOLUTION NO. 155 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 EDDIE HURON PARK; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED ONE HUNDRED NINE THOUSAND AND NO /100 DOLLARS ($109,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Director Sain inquired about the preliminary design of this park. Mr. Johnson stated that due to the bad language surrounding the basketball court; it possibly will be changed to something else. Director Renteria suggested putting covers over the basketball courts. g. Approve Funding for the Construction of Bleacher Covers - Parks and Recreation. Resolution No. 156 authorizes an Interlocal Agreement with the City of Baytown for expenditure of up to $210,000 to utilize a contractor for the construction of bleacher covers at East Little League Park, Central Little League Park, West Little League fields at Westwood Park and Jenkins Park. The Parks and Recreation Department personnel have been constructing roofs over the bleacher or spectator areas of several little league and the teenage baseball fields as time and funding permits. The limitations of personnel and the short window when the fields are not in use have caused this project to stretch out over several seasons. At a previous MDD meeting, a request was made to expedite these installations through the use of a contractor. A proposal was solicited to have a contractor install these covers at all of the remaining fields. The project would contract the construction of the bleacher covers to be installed before the 2011 spring baseball season. The project will include two fields at East Little League Park, three fields at Central Little League Park, two fields at Westwood Park at the West Little League fields and two fields at Jenkins Park at the Baytown Teenage Baseball fields. The bleacher covers will provide shelter from the sun and protection from foul Page 7 of 8 Minutes of the September 02, 2010 MDD Board Regular Meeting balls. The Buy Board quote that lists the cost of each field at each park is attached for your review. The project will cost approximately $260,000 including a $10,000 contingency. Currently there is over $100,000 available in current MDD funds for youth sports league improvements (including the $25,000 on this meeting's agenda) and we propose using $50,000 for the project lowering this request to $210,000. The remaining balance of MDD funds for youth sports leagues will be used for fencing, dugouts and other needed park improvements. The funding is available in the Unforeseen/New Initiatives account. The project is expected to be complete in time for the 2011 spring baseball season. RESOLUTION NO. 156 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 BLEACHER COVERS FOR VARIOUS PARKS; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED TWO HUNDRED TEN THOUSAND AND NO /100 DOLLARS ($210,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Director Capetillo and seconded by Director Renteria approving Resolution No. 151 thru Resolution No. 156. The vote was as follows: Ayes: Directors: Brewer, Capetillo, Caskey, Hernandez, McCartney, Renteria, Sain, Sheley, and President DonCarlos Nays: None The motion passed. 3. MANAGER'S REPORTS a. New Appraisal Value for 700 W. Texas Avenue - Administration. General Manager, Garry Brumback presented the agenda item to discuss and take appropriate action related to the new appraisal value for 700 W. Texas Avenue and stated that Mr. Presley made an appeal to the appraisal district to reevaluate this property and it was granted. The City of Baytown received a notice from the Harris County Appraisal District (HCAD) for the new value of a commercial property, located at 700 W. Texas Avenue. The Baytown Municipal Development District (the "MDD ") and the City of Baytown (the "City ") purchased said property on May 11, 2010, for $346,000. The new appraised value for 2010 is $322,194, which is $166,073, lower than the previous year's appraisal (2009), which was $488,267. Mr. Brumback stated that the new appraised Page 8 of 8 Minutes of the September 02, 2010 MDD Board regular Meeting ,clue for this property is lower than what the City and ?VIDD paid for it and no action IS necessary but lie just wanted to inform the board of this matter. 1). N. C. Foote Family Aquatic Center (3roundbreaking Ceremony - '.arks and Recreation. General Manager, Garry Bruniback presented the agenda item and state(] that after the IIICCtitlg COLDICil will have PiCtUres taken and then following at 6:00 PM, tile Gkoundbreaking Ceremony (or the N.(,,. Foote Ian,ii1y Aquatic Centel-, 4. ADJOURN A motion was made by Director Sain, seconded by Director McCartney atljourning the September 02, 2010, N/IDD Board Regul ar Meeting. The votc was as follows; Ayes: Directors: Brewer, Capetillo, C'askcy, Hernalldez, McCartney, Renteria, Saln, Sheley, and President DonCarlos Nays: None The motion passed. President DonCarlos adjourned the MD D Board Regular Meeting on September 02, 20 10, at 4:57 P.M.