Loading...
2019 05 02 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT May 2, 2019 The Board of Directors of the Baytown Municipal Development District (MDD) met in a Regular Meeting on Thursday, May 2, 2019, at 4:33 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 Laura Alvarado Secretary Suhey Rios -Alvarez Director Charles Johnson Director Robert C. Hoskins 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 May 2, 2019, MDD Board Regular Meeting with a quorum present at 4:33 P.M., all members were present with the exception of Directors Mary Hernandez, Heather Betancourth, and David Himsel who were absent and Director Suhey Rios - Alvarez who arrived at 4:34 P.M. 1. PROPOSED RESOLUTIONS a. Consider a resolution authorizing payment to Bracewell LLP, for services as bond counsel and other legal services in connection with the Hotel/Convention Center Project. b. Consider a resolution authorizing payment to Winstead PC for services as bond counsel and other legal services in connection with the Hotel/Convention Center Project. Assistant General Counsel Karen Horner requested to present agenda item l.a. and l.b. together and stated that Bracewell LLP and Winstead PC were originally contracted to provide services as bond counsel and to provide other legal services in connection with the Hotel Convention Center Project and that Bracewell LLP services are no longer going to be utilized and any future services will be provided by Winstead PC. As such Ms. Horner stated that Resolution No. 374 closes out the services provided by Bracewell LLP and Resolution No. 375 allows services to continue with Winstead PC. President Brandon Capetillo questioned if this will be the final payment for Bracewell LLP and Assistant General Counsel Horner responded that Bracewell LLP will continue with work with MDD Board Regular Meeting Minutes May 2, 2019 Page 2 of 4 City bonds, but nothing through the Baytown Municipal Development District. Vice President Chris Presley questioned the motive and reason to this change and Assistant General Counsel responded that it was a good opportunity to make the change with the new changes in the Project. A motion was made by Secretary Laura Alvarado, and seconded by Director Charles Johnson approving Resolution No. 374 and 375, regarding agenda item La. and l.b. The vote was as follows: Ayes: President Brandon Capetillo, Vice President Chris Presley, Secretary Laura Alvarado, Director Suhey Rios -Alvarez, Director Charles Johnson, Director Robert C. Hoskins, Director David P. Jirrels, Director Gary Englert Nays: None Other: Director Mary Hernandez (Absent), Director Heather Betancourth (Absent), Director David Himsel (Absent) Approved RESOLUTION NO. 374 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING PAYMENT TO BRACEWELL LLP, FOR SERVICES AS BOND COUNSEL AND OTHER LEGAL SERVICES IN CONNECTION WITH THE HOTEL CONVENTION CENTER PROJECT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY-FIVE THOUSAND AND NO'100 DOLLARS ($165,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 375 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING PAYMENT TO WINSTEAD PC, FOR SERVICES AS BOND COUNSEL AND OTHER LEGAL SERVICES IN CONNECTION WITH THE HOTEL/CONVENTION CENTER PROJECT IN 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. MDD Board Regular Meeting Minutes May 2, 2019 Page 3 of 4 2. REPORTS a. Receive the Baytown Municipal Development District's Quarterly Financial and Investment Reports for the Quarter Ending March 31, 2019. Finance Director Wade Nickerson presented the Baytown Municipal Development District's Financial Report and Investment Report for the Second Quarter ending March 31, 2019, and stated that total revenues are currently at 490 0 of the projected budget, which is 12.6% lower than the previous year due to the Harvey effect and a lower than expected Christmas spending season. He further noted that November and December sales tax collections were at a negative 24° o and negative 14.9° o for those months and that going forward staff is looking for it to come in at 10° o under compared to the prior year. Mr. Nickerson stated that expenditures are at 90% of the projected budget but noted that expenditure funds are mostly project oriented funds and that the Brunson Theater Improvements Project is a bulk of the expenses. He further stated that the project is near completion and that the funds are to be mostly expended at this point of the project and that both line items are expected to come within the budget. Mr. Nickerson further noted that the administrative cost line item is showing low at 300o of the budget which is just below where it is to be expected this time of year because the contingency funds have not been expended thus far. President Brandon Capetillo asked if Mr. Nickerson can elaborate on the sales tax receipts reduction compared to last year's numbers and Mr. Nickerson responded that in the previous fiscal year the sales tax receipts were up 11 ° o higher than expected due to the Hurricane Harvey spending and a strong Christmas Season and that based on the expected projections of an average year, excluding the Harvey piece, an increase of 20.o was included in the current budget. Therefore, the numbers are coming in close to projected numbers for this time of year, but lower if compared to the previous fiscal year numbers. Director Robert C. Hoskins questions if the 2017 numbers could be included in the report so that the Board can have a comparison and Mr. Nickerson made note of the Board's request. Lastly, Mr. Nickerson presented the Investment Report and stated that at the end of the quarter there was 3.5 million dollars in TX Pool account, earing 2.50% interest, for a total earnings of $24,220 for the quarter. 3. EXECUTIVE SESSION a. Conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the District's attorneys on legal matters related to the Baytown Hotel and Convention Center Project. Agenda Item 3.a. was not taken. MDD Board Regular Meeting Minutes May 2, 2019 Page 4 of 4 4. MANAGER'S REPORT a. The next Baytown Municipal Development District meeting is scheduled for Thursday, June 6, 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, June 6, 2019, at 4:30 p.m. in the Council Chamber, unless a Special Meeting is needed before such date. 5. ADJOURN With there being no further business to discuss, President Capetillo adjourned the May 2, 2019, MDD Board Regular Meeting at 4:42 P.M. Leticia Brysch, Assis nt Secretary = City of Baytown o