2021 11 04 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
November 4, 2021
The Board of Directors of the Baytown Municipal Development District (MDD) met in a
Regular Meeting on Thursday, November 4, 2021, at 4:31 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
Mary Hernandez
Director
Charles Johnson
Director
Jacob Powell
Director
Mike Lester
Director
David P. Jirrels
Director
Gary Englert
Director
Rick Davis
General Manager
Karen Horner
General Counsel
Angela Jackson
Assistant Secretary
President Brandon Capetillo convened the November 4, 2021, MDD Board Regular Meeting
with a quorum present at 4:31 P.M., all members were present with the exception of Director
Heather Betancourth who was absent; Vice President Chris Presley who arrived at 4:32 P.M.;
Director Suhey Rios -Alvarez who arrived at 4:33 P.M. and Secretary Laura Alvarado who
arrived at 4:40 P.M.
1. MINUTES
a. Consider approving the minutes of the Municipal Development District Special
Meeting held on August 25, 2021.
A motion was made by Director Charles Johnson, and seconded by Director Jacob Powell to
approve the meeting minutes of the Municipal Development District Special Meeting held on
August 25, 2021, as submitted. The vote was as follows:
Ayes: President Brandon Capetillo, Director Mary Hernandez, Director Charles
Johnson, Director Jacob Powell, Director Mike Lester, Director David P. Jirrels,
Director Gary Englert
Nays: None
MDD Board Regular Meeting Minutes
November 4, 2021
Page 2 of 9
Other: Vice President Chris Presley (Not Present for Vote), Secretary Laura Alvarado
(Not Present for Vote), Director Suhey Rios -Alvarez (Not Present for Vote),
Director Heather Betancourth (Absent)
Approved
b. Consider approving the minutes of the Municipal Development District Regular
Meeting held on September 2, 2021.
A motion was made by Director Charles Johnson, and seconded by Director Jacob Powell to
approve the meeting minutes of the Municipal Development District Regular Meeting held on
September 2, 2021, as submitted. The vote was as follows:
Ayes: President Brandon Capetillo, Director Mary Hernandez, Director Charles
Johnson, Director Jacob Powell, Director Mike Lester, Director David P. Jirrels,
Director Gary Englert
Nays: None
Other: Vice President Chris Presley (Not Present for Vote), Secretary Laura Alvarado
(Not Present for Vote), Director Suhey Rios -Alvarez (Not Present for Vote),
Director Heather Betancourth (Absent)
Approved
2. PROPOSED RESOLUTIONS
a. Consider a resolution authorizing a consulting agreement with Carollo Engineers,
Inc. to perform construction management and administrative support services for the
Hotel and Convention Center Lift Station Project.
Assistant Director of Public Works and Engineering Andrea Brinkley presented agenda item 2.a.
and stated that Resolution No. 435 authorized a consulting services agreement with Carollo
Engineers, Inc., to perform construction management services for staff augmentation for capacity
and expertise. She noted that they were in the process to start construction of the Hotel and
Convention Center Lift Station, which would provide support for the Hotel and Convention
Center as well as any future development on the island.
A motion was made by Director Jacob Powell, and seconded by Director Mike Lester to approve
Resolution No. 435, related to Item 2.a. The vote was as follows:
Ayes: President Brandon Capetillo, Director Mary Hernandez, Director Charles
Johnson, Director Jacob Powell, Director Mike Lester, Director David P. Jirrels,
Director Gary Englert
Nays: None
MDD Board Regular Meeting Minutes
November 4, 2021
Page 3 of 9
Other: Vice President Chris Presley (Not Present for Vote), Secretary Laura Alvarado
(Not Present for Vote), Director Suhey Rios -Alvarez (Not Present for Vote),
Director Heather Betancourth (Absent)
Approved
RESOLUTION NO. 435
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE GENERAL
MANAGER TO EXECUTE A CONSULTING SERVICES AGREEMENT
WITH CAROLLO ENGINEERS, INC., FOR CONSTRUCTION
MANAGEMENT AND ADMINISTRATIVE SUPPORT SERVICES FOR THE
CONVENTION CENTER AND HOTEL LIFT STATION PROJECT;
AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED EIGHTY-SEVEN THOUSAND SIXTY-NINE AND NO/100
DOLLARS ($187,069.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider a resolution approving the Baytown Municipal Development District's
Investment Policy and Strategy Statement in accordance with the Public Fund's
Investment Act, Section 2256.005(e) for the addition of an investment officer.
Finance Director Victor Brownlees presented agenda item 2.b. and stated that this item was for
an administrative change to add another qualified individual as an Investment Officer to function
in his stead in the event of his absence.
A motion was made by Director Charles Johnson, and seconded by Vice -President Chris Presley
to approve Resolution No. 436, related to Item 2.b. However, there was discussion prior to the
vote.
Vice President Presley stated that it was his belief that the City of Baytown was considering
hiring a new staff member to help out with some of the cash management and treasury functions
of the City overall, and asked if the position would help in that regard, as far as MDD was
concerned, and Mr. Brownlees answered in agreement to his statement.
The vote for the motion on the table was as follows:
Ayes: President Brandon Capetillo, Vice President Chris Presley, Director Suhey Rios -
Alvarez, Director Mary Hernandez, Director Charles Johnson, Director Jacob
Powell, Director Mike Lester, Director David P. Jirrels, Director Gary Englert
Nays: None
Other: Secretary Laura Alvarado (Not Present for Vote), Director Heather Betancourth
(Absent)
Approved
RESOLUTION NO.436
MDD Board Regular Meeting Minutes
November 4, 2021
Page 4 of 9
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT ADOPTING THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT'S INVESTMENT POLICY AND
STRATEGY STATEMENT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
3. DISCUSSION
a. Discuss internal and outsourced Economic Development Services for FY2022.
General Manager Rick Davis provided background infonnation on the agenda item and stated
that the Baytown West Chambers Economic Development Foundation ("EDF") contract is up for
consideration and that as such, the format for agenda item 3.a., will be to provide the Board
information about what is going on in terms of economic development at a community level, as
well as the offerings of the EDF and offered the floor to Development Manager Brett Gardella.
Development Manager Gardella presented an overview of the following updates to the Board:
In regards to the Business Improvement Grant, Mr. Gardella stated that he had spoken to and
sent out approximately twenty Business Improvement Grant applications to various members of
the public and as of today's date, they had not received any submittals.
On the Revolving Loan Fund side, Mr. Gardella noted it had been conveyed to him that he
needed to be more aggressive in making the public aware of this incentive, however, it had been
a struggle to get a financial institution on board. He stated that he was currently in discussion
with three other institutions, including one that Mr. B.J. Simon had shared with him, and that he
was hopeful that in the next week or two they would be able to bring a financial institution on
board to administer the loan. Basically, all they have to do is service the loan, meaning that they
would make sure the people are making the payments and notifying the City if they are not.
Also, the City is willing to split the 4% with the financial institution, so they can snake 2% and
the City would get the other 2% back into the loan. Hopefully, they will be able to get it done
before the end of the year.
Mr. Gardella noted that several months ago he had visited with three national developers and
they were in discussions about the San Jacinto Boulevard District as well as some opportunities
on the south side of the city. He was pleased to say that the discussions have been continuing
over the last couple of months, including their coming back in a few weeks to have a little bit of
a deeper discussion. At which point, they would probably want to meet with some of the board
members and/or staff to sit down and talk a bit further on how we can get some of the actions
that the Board wants to see in the San Jacinto area, as well some opportunities for commercial,
retail, residential, or entertainment -related business on the south side of the city as well.
MDD Board Regular Meeting Minutes
November 4, 2021
Page 5 of 9
In regards to San Jacinto Boulevard, Mr. Gardella indicated that he believed a firm had been
selected for Phase One of the preliminary engineering, which would include the extension of
Hunt Road, starting to create the amenity lake that will happen behind Buc-ee's and give the City
the ability to really start marketing the City Center area and the amenity lake. Part of that had
also been to re-engage a conversation with a higher -end multifamily developer, who has been
looking for about the last three or four years to be in that area, and was trying to work with the
current property owners so, they might have some opportunities in the very near future. In the
next six to nine months or so, they hoped to have a good-fonned direction and filling out the land
plan that they created with the HRA about five or six months ago.
Additionally, Mr. Gardella stated that they were working with Harris County Transit Services on
a park -and -ride scenario and that they are willing to commit some financial obligation toward the
project. At this point they are trying to figure out how they can make them collaborate with the
engineering company that the City is hiring, so they can work together and the City can get the
financial resources out of Harris County Transit, which would help offset some of the City's
costs into this process.
Mr. Gardella further noted that currently, there are five residential developers that are working
on projects within the city and that sometime between November or December, the MDD Board
or Council will see three (3) new Public Improvement Districts ("PID's") that will come through,
two of which will include additional annexation into the City. Some of theirs will be very
beneficial for the City, a continuation of known entities that are well -liked, but they have also
encouraged the known entities to start to look at that higher price point and better product to help
the City to continue growing the inventory of more of the $300,000 plus houses versus the
$250,000 to $275,000, that are currently being seen.
Recently, an annexation for a commercial piece along Thompson Road was completed, and the
City is currently working through a water and sewer issue with theirs so that they can get them in
a position to start construction. Mr. Gardella noted the City is working with a franchise
developer right now for a nice franchise that would happen along Alexander Drive, and if
successful, they would be a catalyst for other projects along Alexander.
Mr. Gardella stated that recently he had been on several recruitment trips and a manufacturing
conference in Chicago, and received about four leads that they were currently following up on,
as well as a project -specific recruitment trip for some technology -based initiatives in California.
He continually works with residents and small business owners, who have had challenges in
working with the city and they have been able to resolve a lot of those issues out and get people
down the track with what they need. In regards to the vacant property list, staff had been working
diligently and they are down to approximately 70 properties that remain in the City's name, and
hopefully, they will have the ability to sell these properties to get theirs back on the tax rolls, but
still maintain what it is that they want to see in the community.
Mr. Gardella further noted that marketing of a new web presence is in the process of being
created for the Economic Development Foundation and that they had engaged with a
professional that specifically deals with economic development web presences.
MDD Board Regular Meeting Minutes
November 4, 2021
Page 6 of 9
He also indicated that Ace Industrial Services had turned in their plans for the new building for
their business to be located along Main Street and Wismer, and it will be one of several projects
projected for them in the next three to five years. Furthermore, they also have two businesses in
the Houston market that are in continuous discussions about the desire to relocate to Baytown
and that part of their assistance with them is figuring out the water and sewer, which is currently
underway with a study that Kimley-Horn & Associates, Inc. is working on for the southside of
the city.
Mr. Gardella also stated that the water and sewer study once complete, will also help them move
forward with a residential development on the southside of the city, as well as developers
immediately to the West of the golf course, and they had been in discussion with a developer
who has been looking to do a little 17-acre development at the far end of Tri-City Beach Road.
The developer who built the Family First ER just East of Garth Road, is getting close to being
finalized with their land plan for the rest of their six acres that will include a family -friendly
entertainment atmosphere, which will have indoor -seating bar type of area as well as a rather
large extensive outdoor area that would be very attractive for families and, hopefully, they will
have their plans done some time in the first quarter of next year so they can get under
construction by spring time.
In conclusion of the report Mr. Gardella entertained questions from the Board.
President Brandon Capetillo questioned how many applications the City had received for the
Business Improvement Grant and asked if the reason why they are not submitting applications is
due to the criteria for the Grant. Mr. Gardella responded lie did not think the criteria is too
stringent for them as they had allowed them to do interior work as long as it is life safety issues,
such as plumbing, electrical, etc. They had been pretty broad, and are going to allow them to get
up to $20,000; however, he felt the issue is people just are not taking the time to fill out the
application. The second part is that it is a 50150 matching grant, which means they have to get
approved into the program, do the work, spend the money, turn in the receipts, and then the City
will give them the match back, and some people may not have the total amount of money to put
into a particular project. However, he did explain that they can take it in bite -size pieces so the
City is willing to get them into the program in order to get some momentum behind them and get
some work done, but they just have not taken the time to fill out the application. President
Capetillo noted that he just wants to ensure that it was flexible as possible and ensure that the
program is set up correctly.
Director Charles Johnson questioned if there was any way they could take the stipulation off of
the interior work just being health, life, and safety, and Mr. Gardella stated that the criteria could
be changed, if that was something the Board desired to do, however, they would want for it to be
successful. Director Johnson clarified that he thought there may be more opportunity if allowed
to do interior work outside of life, health, and safety and some people may even decide to turn in
those things, so that was something they really should consider.
Vice President Chris Presley followed up on Director Johnson's sentiments by stating that if the
lack of applications continued, staff should look at the option of downscaling, or tweaking, the
MDD Board Regular Meeting Minutes
November 4, 2021
Page 7 of 9
program requirements so that they can ultimately receive more applications. Vice President
Presley further noted that he did view it as an egregious use of taxpayer dollars if was in an area
of town that the City is trying to target. President Capetillo agreed to Vice President Presley's
sentiments by stating that the intent is not to have the scope so narrow that they cannot reach the
targeted small businesses.
In response Mr. Gardella stated that one of the reasons they kept the two programs structured the
way they did, was that it allowed the applicant to receive up to $10,000 through the Revolving
Loan Fund for any purpose, so they could buy furniture, fixtures, equipment, signage, purchase
inventory and etc., so they kept that program broad for that purpose, however, the snatching grant
program had a narrower scope. Unfortunately, as of today's date they had not been able to get a
bank to sign on to manage these loans for the City, but once that happens, it should open the door
for the City to really get out to some of these small businesses and help them to get into business.
Director David Jirrels noted that if a small business is qualified for the grant and they are trying
to expand their business, however, find out that they have to spend $20,000 of their own money
upfront before they get reimbursed, it could be a showstopper for a lot of small businesses.
Furthennore, he stated that they might not have the $20,000 in their checkbook to spend the
money upfront and could possibly be the reason why the City had not received any applications.
Should the Board decide to adjust that requirement in the future, it would possibly make it easier
for the applicant.
With there being no further comments or questions on behalf of the Board, Mayor Capetillo
asked Mr. David Isaac, who signed up to speak on this agenda item, to provide his comments at
this time.
Mr. David Isaac stated that he just heard a great report from Mr. Gardella about the
developments taking place in the Economic Development department and that one of the most
important aspects of economic growth is the grant that they were discussing today, and as such,
considering the lack of applicants received, the Board should consider changing the criteria to
reach the small business that desire to start-up or expand.
4. REPORTS
a. Receive and discuss the Economic Development Foundation's Fourth Quarter
Report.
Mr. B.J. Simon, President and CEO of the Baytown West Chambers County Economic
Development Foundation, presented agenda item 4.a., by providing the Board with an overview
of the two contracts that the Economic Development Foundation holds with the Baytown
Municipal Development, which are the Basic Services and Special Services contracts. He noted
that the intent today was to address any concerns or input from MDD as to their current services
and any changes that would be made to the contract if, in fact, it was presented for approval,
make some modifications at that point.
MDD Board Regular Meeting Minutes
November 4, 2021
Page 8 of 9
He then presented the 41h quarter Economic Development Foundation Report. However, prior to
that, he wanted to mention that the Foundation has had a long-standing relationship with the City
and they hoped to continue that partnership, which is embodied within and by a contract, but
emphasized that hopefully MDD sees them as a partner, as compared to a contractor.
Mr. Simon clarified that the Basic Economic Development Contract is fairly general and has
been a long-standing with a few changes made in the last year to add address the change in
staffing and direction that the City had taken by bringing in an internal resource and some
verbiages that were added address the coordination of activities for potential changes associated
with specific services that are associated with public policy and kind. Having giving the Board a
general overview of the contracts, he offered any questions or concerns from the Board.
General Manager Rick Davis noted that he had been working with Mr. Simon for quite a while
now and that he viewed his assistance as being essential, especially since the City of Baytown
competes for business not only on a regional basis, but also on a global basis, which would be
challenging to do without the expertise of Mr. Simon, and especially in the industrial arena. He
noted how beneficial it has been to the City's staff to have him, especially on the IDA and
negotiation side, and was grateful for his continued willingness to work with the City.
Furthermore, Vice President Presley voiced his praise to the Economic Development
Foundation's for their efforts to the recent updates to EDF's website and he reiterated Rick's
sentiments that he finds the EDF's assistance very helpful.
Mr. Simon continued by presenting an overview of the Special Services Contract with some of
the proposed changes to the various programs and marketing in general, and entertained the
Board with any question that they might have. President Capetillo praised Mr. Simon for his
expertise and noted he respected Mr. Simon's opinion because it is not only professional and
rooted in the facts, but also it is non -political, which is a great resource to have.
Mr. Simon proceeded to provide an overview of their activity report for the fourth quarter.
Secretary Laura Alvarado questioned a collaborative partnership with the Baytown Chamber of
Commerce and Mr. Simon responded that the sister organization, the Greater Houston Women's
Chamber of Commerce, was noted in the report because it was the new outcome of the efforts to
the program, the Brunson Entrepreneur Center, and their incubator and reiterated that the
Economic Development Foundation provides support to all Chamber of Commerce
Organizations, including the Baytown, Anahuac and Winnie Chambers of Commerce.
President Capetillo asked Mr. David Isaac, who signed up to speak on this item, to present his
comments at this time.
Mr. David Isaac provided comments on Mr. Simon's report and noted that he compelled the
Baytown Municipal Development District Board to provide resources and support towards the
efforts to bring the battleship to the City of Baytown. Furthermore, Mr. Isaac also noted the need
for the City to take advantage of Opportunity Zones that were recently passed by Trump's
Administration that gained bipartisan support in the Senate. He stated that with that kind of
incentive at play that the free market and the federal government are offering, he thought the
MDD Board Regular Meeting Minutes
November 4, 2021
Page 9 of 9
City should do their best to try to disseminate that information and get the private market
involved.
Vice President Presley responded that to his knowledge Opportunity Zones are based on
previous capital gains and that unless someone has millions of dollars of capital gains that they
need to reinvest, then you do not have an Opportunity Zone program or an incentive at all. Mr.
Simon concurred with Vice President Presley's assessment and stated that unless there was
existing capital or a 10131 Exchange, those kinds of rollovers that would help defray capital
gains tax, nothing is going to happen.
b. Receive the Baytown Municipal Development District's Quarterly Financial and
Investment Reports for the Quarter Ending September 30, 2021.
Director of Finance Victor Brownlees presented the Baytown Municipal Development District's
Quarterly Financial and Investment Reports for the Quarter Ending September 30, 2021 and
stated that there had been a phenomenal story of growth and development over the last year and
that on the revenue side, sales tax had surged $2.4 million over the budget, almost $1.1 million in
excess of the previous year. On the expenditure side, he noted they have delivered in the range of
Parks and Recreation projects and they are currently building a Hotel and Convention Center on
Bayland Island. As such, this is the upside and the downside is there was only about $220 dollars
left in the Investment Fund, which is again, due to the construction of the Hotel and Convention
Center.
5. MANAGER'S REPORT
a. The next Baytown Municipal Development District meeting is scheduled for
Thursday, December 2, 2021, at 4:30 p.m., in the Council Chamber located at City Hall,
2401 Market Street, Baytown, Texas, 77520.
General Manager Rick Davis presented an update on the Hotel Convention Center, which the
start of the project was October 201h, however, the commencement will be on November 8`h. He
reminded the board members that their next regularly scheduled MDD meeting is scheduled for
December 2"d at 4:30 P.M.
6. ADJOURN
With there being no further business to discuss, President Capetillo adjourned the November 4,
2021, MDD Board Regular Meeting at 5:23 P.M.
rm
Angela Jdjcson, Assistant Secretary'`
City of Baytown %., �„