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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