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2012 02 02 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT February 02, 2012 The Board of Directors of the Baytown Municipal Development District (MDD) met in a Regular Meeting on Thursday, February 02, 2012, at 4:35 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Scott Sheley Reggie Brewer Brandon Capetillo David McCartney Dee Anne Navarre Terry Sain Vice President Secretary Director Director Director Director Robert D. Leiper General Manager Ron Bottoms Deputy General Manager Kevin Troller Assistant General Manager Ignacio Ramirez, Sr. General Counsel Jason Cozza Deputy Assistant Secretary Vice President Sheley convened the February 02, 2012, Municipal Development District (MDD) Board Regular Meeting with a quorum present at 4:35 P.M., all members were present with the exception of Directors Hernandez, Hoskins, Linares, Renteria and President DonCarlos who were absent. 1. MINUTES a. Consider Approving the Minutes of the Baytown Municipal Development District (MDD) Board Regular Meeting held on January 05, 2012 - City Clerk. A motion was made by Director David McCartney and seconded by Secretary Reggie Brewer approving the minutes of the January 05, 2012, MDD Board Regular Meeting. The vote was as follows: Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, Director David McCartney, Director Dee Anne Navarre, Director Terry Sain, and Vice President Scott Sheley Nays: None Other: President Stephen H. DonCarlos (Absent), Director Mary Hernandez (Absent), Director Robert C. Hoskins (Absent) Director MDD Regular Meeting Minutes February 02, 2012 Page 2 of 6 Ruben Linares (Absent), and Director Mercedes Renteria III (Absent) Approved 2. PROPOSED RESOLUTIONS a. Consider Authorizing the Negotiation and Execution of the Spring Park Alignment Agreement - Administration. General Manager Leiper presented the agenda item and stated that Resolution No. 178 authorizes the General Manager to negotiate and execute the Spring Park Alignment Agreement with Legna II, LTD ( "Legna ") and the Springfield Homeowners Association, Inc. (the "HOA ") in the amount of $125,000.00 under terms and conditions acceptable to the General Manager and General Counsel. The resulting agreement provides for the alignment of Spring Park and Stonebridge, in order for Harris County to install a traffic signal at this intersection and under the agreement, will generally have the following responsibilities: 1. The MDD will: a. provide engineering services necessary for the design of the realignment of Spring Park; b. b. pay Legna $125,000 as a contribution towards the survey and construction of the roadway; and c. c. assist in obtaining the County's signature on the replat of the Springfield Subdivision. 2. Legna will: a. obtain a survey for the realignment of Spring Park for the MDD's approval; b. file a partial replat of the Springfield Subdivision, including the dedication of land to the HOA for a sign; c. construct the realignment according to plans approved by the MDD. 3. HOA will: a. allow Lcgna to remove its sign and landscaping; b. erect a new sign along with landscaping; c. join in filing a partial replat of the Springfield Subdivision so the sign site may be property transferred. General Manager Leiper stated that the reason for giving the General Manager authorization to execute the agreement is because the plan for the new road is projected for spring break. During this time the entrance to Springfield has to be closed for one week. He also stated that a plan is currently being fast tracked for Victoria Walker Elementary School buses that use this entrance, so service is not interrupted. MDD Regular Meeting Minutes February 02, 2012 Page 3 of 6 Additionally, the "HOA" is doing a mail out to inform the residents of the road closure during this time. General Manager Leiper stated that Angel Brothers agreed to setup a message board sign near the construction for informational purposes as well. A motion was made by Director Terry Sain and seconded by Director Brandon Capetillo approving Resolution No. 178. The vote was as follows: Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, Director David McCartney, Director Dee Anne Navarre, Director Terry Sain, and Vice President Scott Sheley Nays: None Other: President Stephen H. DonCarlos (Absent), Director Mary Hernandez (Absent), Director Robert C. Hoskins (Absent) Director Ruben Linares (Absent), and Director Mercedes Renteria III (Absent) Approved RESOLUTION NO. 178 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE GENERAL MANAGER TO NEGOTIATE AND ENTER INTO THE SPRING PARK ALIGNMENT AGREEMENT WITH LEGNA 1I, LTD, AND SPRINGFIELD HOMEOWNERS ASSOCIATION, INC.; 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. General Manager Leiper stated the items 2.b. and 2.c. would be considered together. b. Consider Authorizing the Economic Development Basic Services Contract with Baytown/West Chambers County Economic Development Foundation - Administration. C. Consider Authorizing the Economic Development Special Services Contract with Baytown/West Chambers County Economic Development Foundation - Administration. MDD Regular Meeting Minutes February 02, 2012 Page 4 of 6 General Manager Leiper presented the agenda item and stated that Resolution No. 179 authorizes the General Manager to execute and the Assistant Secretary to attest to the Economic Development Basic Services Contract with Baytown/West Chambers County Economic Development Foundation for an amount not to exceed $200,000. General Manager Leiper presented the agenda item and stated Resolution No. 180 authorizes the General Manager to execute and the Assistant Secretary to attest to the Economic Development Special Services Contract with Baytown/West Chambers County Economic Development Foundation for an amount not to exceed $100,000. This contract is similar to the previous contracts for these special services and includes the following: • Description Amount Not to Exceed. • Trade Shows -- Attend and Booth Space $4,000 • Marketing Program Implementation $36,000 • Commercial Market Analysis $40,000 • Economic Statistical Benchmark Update $20,000 • Total Amount Not to Exceed $100,000 General Manager Leiper stated that the line item amount is the same as budgeted and that the only change was the $20,000 for an economic statistical benchmark update. A motion was made by Director Brandon Capetillo and seconded by Secretary Reggie Brewer approving Resolution No. 179 and Resolution No. 180. The vote was as follows: Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, Director David McCartney, Director Dee Anne Navarre, Director Terry Sain, and Vice President Scott Sheley Nays: None Other: President Stephen H. DonCarlos (Absent), Director Mary Hernandez (Absent), Director Robert C. Hoskins (Absent) Director Ruben Linares (Absent), and Director Mercedes Renteria III (Absent) Approved RESOLUTION NO. 179 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE GENERAL MANAGER TO EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST TO AN ECONOMIC DEVELOPMENT CONTRACT BETWEEN THE BAYTOWN MDD Regular Meeting Minutes February 02, 2012 Page 5 of 6 AREA/WEST CHAMBERS COUNTY ECONOMIC DEVELOPMENT FOUNDATION AND THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR ECONOMIC DEVELOPMENT SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 180 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE GENERAL MANAGER TO EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST TO AN ECONOMIC DEVELOPMENT SPECIAL SERVICES CONTRACT BETWEEN THE BAYTOWN AREA/WEST CHAMBERS COUNTY ECONOMIC DEVELOPMENT FOUNDATION AND THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR ECONOMIC DEVELOPMENT SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. BUSINESS ITEMS a. Consider Creating a Finance Committee for the Baytown Municipal Development District - Administration. General Manager Leiper presented the agenda item and stated that at that last meeting there was a discussion in regards to a finance committee. He stated that there was stand alone finance committee's for an MDD such as Baytown's and all of the boards for the City of Baytown follow the same financial guidelines. No action was taken on this item as there was no interest in forming the committee. 4. DISCUSSION a. Discuss 700 West Texas Avenue, Phase Two - Administration. Mr. Chris Presley presented the MDD Board with options to consider regarding the 700 West Texas Avenue, Phase Two and stated that an option for the board to consider for this property would be to proceed with the small incubator concept. Mr. Presley stated that he would like for the board to consider improving the facade program by not limiting it to existing buildings, and also improving the overlay zoning requirements. At the conclusion of Mr. Presley's recommendation, he stated that he would like to meet with staff to discuss the possibility of getting the property listed on the market to attract a productive business at this location. General Manager Leiper agreed to meet with Mr. Presley. Director Brewer stated that he would not be willing to risk MDD funds on a speculative deal. MDD Regular Meeting Minutes February 02, 2012 Page 6 of 6 5. APPOINTMENTS a. Consider Appointments to the Finance Committee of the Baytown Municipal Development District - Administration. General Manager Leiper stated that no action was necessary on this item. 6. MANAGER'S REPORT General Manager Leifer stated that the MDD Board received invitations to the grand opening of Eddie Huron Park which is scheduled for Thursday, February 16, 2012 at 5:OOP.M. 7. ADJOURN A motion was made by Director Brandon Capetillo and seconded by Director David McCartney adjourning the February 02, 2012, MDD Board Regular Meeting. The vote was as follows: Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, Director David McCartney, Director Dee Anne Navarre, Director Terry Sam, and Vice President Scott Sheley Nays: None Other: President Stephen H. DonCarlos (Absent), Director Mary Hernandez (Absent), Director Robert C. Hoskins (Absent) Director Ruben Linares (Absent), and Director Mercedes Renteria III (Absent) Approved With there being no further business to discuss, Vice President Sheley adjourned the February 02, 2012, Municipal Development District (MDD) Board Regular Meeting at 5:17 P.M. wti Leticia City of