2019 04 11 MDD Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE BOARD OF DIRECTORS
OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
April 11, 2019
The Board of Directors of the Baytown Municipal Development District (MDD) met in a Special
Meeting on Thursday, April 11, 2019, at 4:45 P.M., in the Council Chamber of the Baytown City
Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Bandon Capetillo
President
Chris Presley
Vice President
Charles Johnson
Director
Robert C. Hoskins
Director
David Himsel
Director
David P. Jirrels
Director
Gary Englert
Director
Rick Davis General Manager
Ignacio Ramirez, Sr. General Counsel
Leticia Brysch Assistant Secretary
President Brandon Capetillo convened the April 11, 2019, MDD Board Special Meeting with a
quorum present at 4:45 P.M., all members were present with the exception of Secretary Laura
Alvarado and Directors Mary Hernandez, Heather Betancourth, and Suhey Rios -Alvarez who
were all absent.
1. PROPOSED RESOLUTIONS
a. Consider a resolution authorizing the Third Amendment to the Interlocal
Agreement with the City of Baytown to fund the Brunson Theater Project.
Interim Director of Engineering Ajay Shakyaver presented agenda item La. and stated that
Resolution No. 373 authorizes the Third Amendment to the Interlocal Agreement with the City
of Baytown to fund the Brunson Theater Redevelop Project (the "Project") in the order of
$126,008.81 to fund the following items:
1. add waterproofing and sealing the floor and walls,
2. add additional flashing at adjacent buildings,
3. add an additional 136 calendar days to the construction contract, and
4. remove the services approved in Change Order No. 6 and the cost associated with those
services ($31,332.40).
Vice President Chris Presley mentioned that he and several other Board Members toured the
facility and determined that it is best to do the project right from the start; however, he noted that
the items mentioned could be done in phases. He further stated that if the water intrusion issues
are resolved then some of these items could be removed, which would result in cost savings.
Vice President Presley questioned why these issues were not picked up by the architect and/or
designer earlier. Architect Amy Harris with APR Architects responded that typically a building
will have a vapor barrier under its slab, but in this instance, it was discovered during the
construction phase that this building did not have said barrier which is the reason, she believes,
MDD Board Special Meeting Minutes
April 11, 2019
Page 2 of 3
that there are so many problems related to moisture; specifically, the moisture is seeping in
through the joints of the terrazzo floor. As such Ms. Harris stated that in her professional opinion
the best solution is to remove the original terrazzo floor, install the weather barrier, and replace
the terrazzo floor. She further noted that the water is also coming in from the side of the old
Citizen Bank building located next door.
Director Robert C. Hoskins questioned if the issues on the exterior of the building could be
addressed first and then staff could go into the building during a torrential downpour to see if the
water intrusion issues are resolved. If said issues were not resolved then the next step would be
to address the walls and floor in the building's interior. Director Hoskins further noted his desire
to save the terrazzo floor, if possible, and stated that some seepage of moisture of the floor is
expected, as the building was filled with water for many years. Director Gary Englert questioned
if the water seepage could be coming from below and Director Hoskins responded that he
believes the gaps between the buildings are the culprit.
Deputy City Manager Ron Bottoms questioned if there would be any drawbacks if the roof caps
and flashing and sealing of the exterior walls could be done first and then assessed before
proceeding with the reminder of items for this project. Ms. Harris responded that the only
drawback would relate to timing because the building would not be inhabitable during the
construction and observation period. The Board directed staff to seal the roof and exterior walls
and then wait and assess the situation after a torrential rain event, and if there is no evidence of
water intrusion than the water barrier for the slab and interior walls and replacement of terrazzo
floor would then be pursued.
A motion was made by Vice President Chris Presley, and seconded by Director Robert C.
Hoskins approving Resolution No. 373, regarding agenda item l.a. The vote was as follows:
Ayes: President Brandon Capetillo, Vice President Chris Presley, Director Charles
Johnson, Director Robert C. Hoskins, Director David Himsel, Director David P.
Jirrels, Director Gary Englert
Nays: None
Other: Secretary Laura Alvarado (Absent), Director Suhey Rios -Alvarez (Absent),
Director Mary Hernandez (Absent), Director Heather Betancourth (Absent)
Approved
RESOLUTION NO. 373
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT
TO EXECUTE THE THIRD AMENDMENT TO THE INTERLOCAL
AGREEMENT WITH THE CITY OF BAYTOWN FOR FUNDING THE
BRUNSON THEATER REDEVELOPMENT PROJECT; AUTHORIZING
PAYMENT OF AN ADDITIONAL AMOUNT NOT TO EXCEED ONE
HUNDRED TWENTY-SIX THOUSAND EIGHT AND 81/100 DOLLARS
($126,008.81); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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April 11, 2019
Page 3 of 3
2. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Section 551.072 of the
Texas Government Code to deliberate the value of real property for a development project.
b. Recess into and conduct an executive session pursuant to Sections 551.071 and
551.087 of the Texas Government Code to deliberate the offer of a financial or other
incentive to a business prospect and to seek the advice of the District's attorneys on legal
matters related thereto.
At 5:00 P.M. President Brandon Capetillo recessed into and conducted an executive session
pursuant Section 551.072 of the Texas Government Code to deliberate the value of real property
for a development project and pursuant to Section 551.071 and 551.087 of the Texas
Government Code to deliberate the offer of a financial or other incentive to a business prospect
and to seek the advice of the District's attorney on legal matters related thereto.
At 5:30 P.M. President Capetillo reconvened the Open Meeting of the MDD Board Special
Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings
Act, no action was taken in the Executive Session.
3. MANAGER'S REPORT
a. The next Baytown Municipal Development District meeting is scheduled for
Thursday, May 2, 2019, at 4:30 p.m., in the Council Chamber located at City Hall, 2401
Market Street, Baytown, Texas, 77520.
General Manager Rick David stated that the next Baytown Municipal Development District
meeting is scheduled for Thursday, May 2, 2019, at 4:30 p.m., unless a Special Meeting is
needed before such date.
4. ADJOURN
With there being no further business to discuss, President Capetillo adjourned the April, 11,
2019, MDD Board Special Meeting at 5:31 P.M.
Leticia Brysch, Assistant Secretary
City of Baytown