2012 09 06 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
September 06, 2012
The Board of Directors of the Baytown Municipal Development District (MDD) met in a
Regular Meeting on Thursday, September 06, 2012, at 4:30 P.M., in the Council
Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the
following in attendance:
Stephen DonCarlos
Scott Sheley
Reggie Brewer
Brandon Capetillo
Mary Hernandez
Robert Hoskins
Vacant
David McCartney
Dee Anne Navarre
Mercedes Renteria
Terry Sain
President
Vice President
Secretary
Director
Director
Director
Director
Director
Director
Director
Director
Robert D. Leiper
General Manager
Ron Bottoms
Deputy General Manager
Kevin Troller
Assistant General Manager
Ignacio Ramirez, Sr.
General Counsel
Leticia Brysch
Assistant Secretary
President DonCarlos convened the September 06, 2012, Municipal Development District
(MDD) Board Regular Meeting with a quorum present at 4:30 P.M., all members were
present with the exception of Director Renteria who arrived at 4:32 and Director Sheley
who arrived at 4:33 P.M.
1. MINUTES
a. Consider Approving the Minutes of the Baytown Municipal Development
District Board Regular Meeting for August 02, 2012 - Assistant Secretary.
A motion was made by Director Robert C. Hoskins and seconded by Director David
McCartney approving the August 02, 2012, MDD Board Regular Meeting minutes. The
vote was as follows:
MDD Regular Meeting Minutes
September 06, 2012
Page 2 of 9
Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, President
Stephen H. DonCarlos, Director Mary Hernandez, Director Robert
C. Hoskins, Director David McCartney, Director Dee Anne
Navarre, and Director Terry Sain
Nays: None
Other: Director Mercedes Renteria III (Not Present for Vote), Vice
President Scott Sheley (Not Present for Vote)
Approved
2. PROPOSED RESOLUTIONS
a. Consider Accepting the Spring Park Alignment Project and Authorizing
Final Payment to Legna II, LTD.
General Manager Leiper presented the agenda item and stated that Resolution No.
184 accepts the Spring Park Alignment Project and authorizes final payment to Legna II,
LTD. He stated that on February 02, 2012, the MDD authorized 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 MDD's General Manager
and General Counsel.
General Manager Leiper stated that the resulting agreement provided for the alignment of
Spring Park with Stonebridge in order for Harris County to install a traffic signal at their
intersection with Garth Road. Under the agreement, the MDD provided engineering
services necessary for the design of the realignment of Spring Park and is obligated to
pay Legna $125,000, as a contribution toward Legna's survey and construction costs. He
stated that Legna constructed the realignment according to the plans designed by the
MDD's engineer and the MDD's engineer approved the project. Additionally, he stated
that in accordance with the contract, the MDD has paid $62,500, and is obligated to pay
the remaining $62,500 within 30 days of acceptance of the Project by the MDD.
A motion was made by Director Brandon Capetillo and seconded by Director Mercedes
Renteria III approving Resolution No. 184. The vote was as follows:
Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, President
Stephen H. DonCarlos, Director Mary Hernandez, Director Robert
C. Hoskins, Director David McCartney, Director Dee Anne
Navarre, Director Mercedes Renteria III, Director Terry Sain, and
Vice President Scott Sheley
Nays: None
Approved
RESOLUTION NO. 184
MDD Regular Meeting Minutes
September 06, 2012
Page 3 of 9
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT ACCEPTING THE SPRING PARK
ALIGNMENT PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF
SIXTY -TWO THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($62,500.00)
TO LEGNA II, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF
b. Consider Authorizing an Interlocal Agreement for the Design and
Installation of a Traffic Signal on State Highway 146 - Administration.
General Manager Leiper presented the agenda item and stated that Resolution No.
185 authorizes an interlocal agreement with the City of Baytown for the design and
installation of a traffic signal on State Highway 146 near the southeast corner of
Highway146 and I -10 in Chambers County for the development to be known as the
Chambers Town Center, in an amount not to exceed $275,000.
General Manager Leiper stated that the City has been working with the developer of the
property located the southeast corner of Highway 146 and I -10 concerning the
development of a new mixed use retail center, including a new Super Wal -Mart. While
the 1/2% MDD sales tax cannot be collected at this location because Chambers County
had a 1 /2% EMS sales tax in place at the time that the Baytown Municipal Development
District was created, the MDD, nonetheless, may expend its sales tax revenues on
improvements that its Board of Directors determines will promote new or expanded
business development within the boundaries of the District. Because of the development
of this retail center, it is believed that other retail and restaurant uses will be expanded or
established within the boundaries of the MDD.
A motion was made by Director Robert C. Hoskins and seconded by Secretary Reggie
Brewer approving Resolution No. 185. The vote was as follows:
Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, President
Stephen H. DonCarlos, Director Mary Hernandez, Director Robert
C. Hoskins, Director David McCartney, Director Dee Anne
Navarre, Director Mercedes Renteria III, Director Terry Sain, and
Vice President Scott Sheley
Nays: None
Approved
MDD Regular Meeting Minutes
September 06, 2012
Page 4 of 4
RESOLUTION NO. 185
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 DESIGN AND INSTALLATION OF A TRAFFIC SIGNAL ON
STATE HIGHWAY 146 NEAR THE SOUTHEAST CORNER OF 146 N AND I -10 IN
CHAMBERS COUNTY, TEXAS; AUTHORIZING PAYMENT OF AN AMOUNT
NOT TO EXCEED TWO HUNDRED SEVENTY -FIVE THOUSAND AND NO /100
DOLLARS ($275,000.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an Interlocal Agreement with the City of Baytown for the City of
Baytown Match for the General Land Office, Coastal Management Program Tabbs
Cleanup Project - Parks and Recreation.
President DonCarlos stated that items 2.c. through 2.n. are items that the Council
previously approved in the budget and were brought forward before the MDD for
approval to expedite the start process of the projects as they are scheduled to begin.
A motion was made by Director David McCartney and seconded by Director Mercedes
Renteria III approving items 2.c. thru 2.n. The vote was as follows:
Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, President
Stephen H. DonCarlos, Director Mary Hernandez, Director Robert
C. Hoskins, Director David McCartney, Director Dee Anne
Navarre, Director Mercedes Renteria III, Director Terry Sain, and
Vice President Scott Sheley
Nays: None
Approved
RESOLUTION NO. 186
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 CITY OF BAYTOWN'S REQUIRED MATCH FOR THE TABBS
BAY CLEANUP PROJECT UNDER THE GENERAL LAND OFFICE'S COASTAL
MANAGEMENT PROGRAM; AUTHORIZING PAYMENT OF AN AMOUNT NOT
TO EXCEED FIFTY -FOUR THOUSAND AND NO /100 DOLLARS ($54,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
MDD Regular Meeting Minutes
September 06, 2012
Page 5 of 9
d. Consider an Interlocal Agreement with the City of Baytown for
Improvements to the McElroy Basketball Court - Parks and Recreation.
RESOLUTION NO. 187
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 MCELROY PARK BASKETBALL
COURT; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED
SEVENTY -FIVE THOUSAND AND NO /100 DOLLARS ($75,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Consider Authorizing an Interlocal Agreement with the City of Baytown
for Phase III of the Eddie Huron Park Improvement Project - Parks and
Recreation.
RESOLUTION NO. 188
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 PHASE III IMPROVEMENTS TO EDDIE HURON PARK;
AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED ONE HUNDRED
SEVENTY -FIVE THOUSAND AND NO /100 DOLLARS ($175,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
f. Consider Authorizing an Interlocal Agreement with the City of Baytown for
Phase II of the Community Center /City Hall Courtyard Improvement Project -
Parks and Recreation.
RESOLUTION NO. 189
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 PHASE II IMPROVEMENTS TO THE COMMUNITY
CENTER/CITY HALL COURTYARD; AUTHORIZING PAYMENT OF AN
AMOUNT NOT TO EXCEED FORTY -TWO THOUSAND AND NO 1100 DOLLARS
($42,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
MDD Regular Meeting Minutes
September 06, 2012
Page 6 of 9
g. Consider Authorizing an Interlocal Agreement with the City of Baytown for
the Construction of the Hutto Drive Greenway Park - Parks and Recreation.
RESOLUTION NO. 190
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 CONSTRUCTION OF HUTTO DRIVE GREENWAY PARK;
AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED FIVE HUNDRED
THOUSAND AND NO 1100 DOLLARS ($500,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
h. Consider Authorizing an Interlocal Agreement with the City of Baytown for
expenditures up to $50,000 for improvements to Youth Sports League facilities -
Parks and Recreation.
RESOLUTION NO. 191
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 FIFTY
THOUSAND AND NO /100 DOLLARS ($50,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
i. Consider Authorizing an Interlocal Agreement with the City of Baytown
for Improvements at the Wayne Gray Sports Complex - Parks and Recreation.
RESOLUTION NO. 192
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 THE WAYNE GRAY SPORTS COMPLEX;
AUTHORIZING PAYMENT OF 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.
MDD Regular Meeting Minutes
September 06, 2012
Page 7 of 9
j. Consider Authorizing an Interlocal Agreement with the City of Baytown for
the Installation of Irrigation Systems in Three Soccer Fields located at the Baytown
Soccer Park - Parks and Recreation.
RESOLUTION NO. 193
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 IRRIGATION IMPROVEMENTS AT THE BAYTOWN SOCCER
PARK; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED FORTY
THOUSAND AND NO 1100 DOLLARS ($40,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
k. Consider Authorizing an Interlocal Agreement with the City of Baytown for
the Installation of a Disc Golf Course at Jenkins Park - Parks and Recreation.
RESOLUTION NO. 194
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 INSTALLATION OF A DISC GOLF COURSE AT JENKINS
PARK; 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.
1. Consider Authorizing an Interlocal Agreement with the City of Baytown for
a Two - Person Median Beautification Crew and Related Equipment - Parks
and Recreation.
RESOLUTION NO. 195
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 TWO- PERSON MEDIAN BEAUTIFICATION CREW AND
RELATED EQUIPMENT; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO
EXCEED ONE HUNDRED TWENTY THOUSAND AND NO /100 DOLLARS
($120,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
MDD Regular Meeting Minutes
September 06, 2012
Page 8 of 9
M. Consider Authorizing an Interlocal Agreement with the City of Baytown for
Improvements to Roseland Park - Parks and Recreation.
RESOLUTION NO. 196
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 ROSELAND PARK; AUTHORIZING
PAYMENT OF AN 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.
n. Consider Authorizes an Interlocal Agreement with the City of Baytown for
the Design of the First Phase of the Expansion of Pirates Bay Water Park. - Parks
and Recreation.
RESOLUTION NO. 197
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 DESIGN OF THE FIRST PHASE OF THE EXPANSION OF
PIRATES BAY WATER PARK; AUTHORIZING PAYMENT OF AN AMOUNT NOT
TO EXCEED FOUR HUNDRED THOUSAND AND NO /100 DOLLARS
($400,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
3. REPORTS
a. Present the Economic Development Foundation Third Quarterly Report for
Fiscal Year 2011 -12 - Administration.
Mr. BJ Simon presented the Baytown Area/West Chambers County Economic
Development Foundation's (EDF) Quarterly Report for the quarter ending June 30, 2012
and stated that the EDF responded to 37 interested prospects. He stated that the following
three (3) active projects could bring in $330 million dollars in investments and
approximately 922 jobs: Project Cosmos, Razor Fish, and Golden Horn.
Mr. Simon stated that the EDF received a draft proposal of Phase III of the housing
research completed by CDS Research which would be presented to the MDD board in the
near future. He stated that the EDF continues their efforts to enhance infrastructure for
transportation around the FM 565 area, continues to serve in advisory capacity for the
GCCISD Career and Technical Education Program Development Steering Committee,
United Way, and Lee College. Additionally, Mr. Simon stated that during this reporting
MDD Regular Meeting Minutes
September 06, 2012
Page 9 of 9
period, the EDF worked closely with the Govemm's Office (EDT) to coordinate site
selection visits incentive applications and prospect lead responses.
4. MANAGER'S REPORT
There was no report.
5. ADJOURN
With there being no further business to discuss, President DonCarlos adjourned the
September 06, 2012, Municipal Development District (MDD) Board Regular Meeting at