2011 03 03 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
March 03, 2011
The Board of Directors of the Baytown Municipal Development District (MDD) met in a
Regular Meeting on Thursday, March 03, 2011 at 4:32 P.M., in the Council Chamber of
the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in
attendance:
Stephen DonCarlos
Ruben Linares
David McCartney
Reggie Brewer
Brandon Capetillo
Mary Hernandez
Dee Anne Navarre
Terry Sain
Scott Sheley
President
Vice President
Secretary
Director
Director
Director
Director
Director
Director
Robert D. Leiper General Manager
Kevin Troller Assistant General Manager
Ignacio Ramirez, Sr. General Counsel
Leticia Brysch Secretary
President DonCarlos convened the March 03, 2011, Municipal Development District
(MDD) Board Regular Meeting with a quorum present at 4:32 P.M., all members were
present with the exception of Directors Caskey and Renteria who were absent.
1. MINUTES
a. Consider Approving Minutes of the Municipal Development District (MDD)
Board Regular Meeting held on February 03, 2011 Meeting - Secretary.
A motion was made by Director Scott Sheley and seconded by Director Reggie Brewer
approving the minutes for February 03, 2011 as submitted. The vote was as follows:
Ayes: President Stephen H. DonCarlos, Vice President Ruben Linares,
Secretary David McCartney, Director Reggie Brewer, Director
Brandon Capetillo, Director Mary Hernandez, Director Dee Anne
Navarre, Director Terry Sain, and Director Scott Sheley
Nays: None
Approved
2. PROPOSED RESOLUTIONS
a. Consider the First Amendment to the Interlocal Agreement for Texas
Avenue Streetscape - Administration.
General Manager, Bob Leiper presented the agenda item and stated that Resolution No.
162 authorizes the First Amendment to the Interlocal Agreement with the City of
Baytown for the Texas Avenue Streetscape Project. On February 03, 2011, the
MDD approved an Interlocal Agreement for this project in the amount of $410,000 for
(1) Streetscape construction contract: $375,000 and (2) TxDOT Fees associated with
Streetscape Project: $35,000 (estimated).
General Manager Leiper stated that this first amendment authorizes additional funding in
the amount not to exceed $100,000 for additional expenses that were not included in the
original agreement. The amendment covers unforeseen expenses and changes, such
as materials testing services, safety lighting, and other costs due to the construction
unknowns, which are likely to be found during and after excavation. General Manger
Leiper also clarified that the geotechnical services will cost $23,363.00, and is covered in
the monies requested here. The City of Baytown approved this agreement at its meeting
on February 24, 2011.
RESOLUTION NO. 162
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
AUTHORIZING THE PRESIDENT TO EXECUTE THE FIRST
AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE
CITY OF BAYTOWN FOR THE TEXAS AVENUE STREETSCAPE
PROJECT; AUTHORIZING PAYMENT OF AN ADDITIONAL
AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND
NO /100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
A motion was made by Secretary David McCartney and seconded by Director Scott
Sheley approving Resolution No. 162. The vote was as follows:
Ayes: President Stephen H. DonCarlos, Vice President Ruben Linares,
Secretary David McCartney, Director Reggie Brewer, Director
Brandon Capetillo, Director Mary Hernandez, Director Dee Anne
Navarre, Director Terry Sain, Director Scott Sheley
Nays: None
Approved
3. BUSINESS ITEMS
a. Baytown Area/West Chambers County Economic Development Foundation's
First Quarterly Report for Fiscal Year 2010 -11 - Administration.
Mr. Mike Shields, Executive Director of the Economic Development Foundation (EDF)
introduced Mr. BJ Simon to present the Baytown Area/West Chambers County Economic
Development Foundation's Quarterly Report for the quarter ending December 31, 2010.
Mr. Simon stated that under the category to stimulate and encourage commercial activity,
the EDF responded to 28 requests for assistance during the period of October through
December of 2010 and for the year responded to 125 requests for assistance with had ten
(10) formal site visits. Mr. Simon stated that there were 58 referrals related to the small
business development incubator without walls program.
Mayor DonCarlos inquired of the City's progress in regards to having a sufficient
workforce that is comfortable to present to companies. Mr. Simon stated that the
workforce is currently doing well.
Director McCartney inquired about the reasons for not being successful in regards to the
projects that the City of Baytown did not obtain. Mr. Simon stated that the land prices,
the competition at the state level, and the incentives of the project were some of the
factors for projects being lost.
Director Brewer inquired if the attitude of the company executives in regards to the
economy will affect the City of Baytown economic development. Mr. Shields stated that
because of inflation there is expectancy for companies to limit their expenditures, i.e.
tighten their belts.
Director Sheley inquired if the EDF could help stimulate people and businesses to areas
that are being redeveloped. Mr. Simon stated that the EDF will continue to facilitate this
through part of the comp plan. Mr. Shields stated that if the City has land that they can
turn over for a reasonable fee to include other incentives this will induce developers to
the area.
Director Sain inquired if the environmental regulatory services impacted the decision of
companies to relocate here and to obtain operational permits. Mr. Simon stated that there
was time when this was an issue but within the last three (3) years it has not been a factor.
4. REPORTS
a. Receive MDD Revenue and Expenditure Report for the Quarter Ending
December 31, 2010 - Finance.
Assistant Finance Director, Louise Richman presented the update on the Baytown
Municipal Development District's revenues and expenditures for the quarter ending
December 31, 2010 and stated that the revenues are on target with the sales tax revenue
being flat compared to last year.
b. Receive MDD Quarterly Investment Report for Period Ending December 31,
2010 - Finance.
Assistant Finance Director, Louise Richman presented the Baytown Municipal
Development District's Quarterly Investment Report for the period ending December 31,
2010 and stated that the first quarter was right at $6.5 million with and average monthly
interest rate of .16 %.
Director Brewer inquired if all of the MDD funds were invested in textpool and with the
significant balance if funds could be invested elsewhere. General Manager Leiper stated
that other investments are being looked into and that the challenge with MDD funds is
that they are not as predictable as the general funds and may require
immediately accessibility. General Manager Leiper also stated that a pilot program with
the general fund is being done to test other investments with higher return results.
5. MANAGER'S REPORT
a. Present Texas Avenue Streetscape Project Update - Engineering.
General Manager Leiper introduced Assistant Engineering Director Joe Carpenter to
present an update on the Texas Avenue Streetscape Project.
Mr. Carpenter stated that the streetscape project is scheduled for completion in 120
calendar days, with the start date of December 24, 2010. Mr. Carpenter stated that the
actual work started on January 03, 2011, with an expected completion date of April 22,
2011. Mr. Carpenter indicated that this type of project consists of three phases: (1)
underground work, (2) roadway, and (3) streetscape. Mr. Carpenter stated that the project
is right on schedule with about two weeks left to complete the underground work and
transition to the roadway construction.
General Manager Leiper presented an update For sonic of' the following parks, projects
flunded by MDD:
• Bicacher Covers, at West Little LCagLIc arc complete and the Lea_gLIC'S 011CIling
day is scheduled for Saturday
• Bergeron Park Splash Deck -Concrete work cornplete an(] grand opening is
Thursday, March 17, ?()1 1 at 5:30 P.M.
• Unidad Park- widening ot'the trail and extendc(I it all the way around; added ne%v
pavilion
6. ADJOURN,
A motion was mac c by Director Terry Sarin and seconded by Director Scott Sheley
adjOL11-11ing the March 03, 2011, Municipal Development District (MDD) Board Regular
Meeting.
Ayes: Pi-csident Stephen 11. Don Carlos, Vice President Ruben Linares,
Secretary ].)avid Mc(,'artney, Director Reggie Brewer, Director
I
Bra C
ndon apetillo, Director Mary Hernandez, Director Dee Anne
Navarre, Director Terry Sain, and Director Scott Sheley
Nays: None
Approved
With there being no fUrtIlCr business to discuss, President Don(, 'arlos as the
March 03, 2011, Municipal Development District (MD[)) Board Regular Meeting at 5:27
P.M.
City of Bayt
unjilin