2010-06-07 TAX INCREMENT REINVESTMENT ZONE NO. 2 BOARD MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE TAX INCREMENT REINVESTMENT
ZONE NUMBER TWO (TIRZ # 2), ALSO KNOWN AS SHADOW CREEK RANCH,
CITY OF PEARLAND TEXAS, TO BE HELD ON MONDAY, JUNE 7, 2010, AT 4:00
P.M., IN THE FIRST FLOOR CONFERENCE ROOM AT PEARLAND CITY HALL,
3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 4:01 p.m. with the following present:
Vice Chair
Secretary
Boardmember
Boardmember
Boardmember
Gary Cook
Mike Pyburn
Donna Coleman
Gary Davis
Ken Phillips
Absent: Chair Nigel Harrison; Boardmember Jo Knight; Boardmember Ron Castillo;
Boardmember Larry Loessin.
Others in attendance: Mayor Tom Reid; Bill Eisen City Manager City of Pearland; Claire
Bogard Director of Finance City of Pearland; Sonia Webb Deputy City Secretary City of
Pearland; Trey Lary Allen Boone Humphries Robinson LLP; James Ross LJA
Engineering & Surveying; Steve Gardner Huitt-Zollars; Mark McGrath McGrath & Co.
NEW BUSINESS
BOARD ACTION — REGARDING THE APPROVAL OF THE SPECIAL MEETING
MINUTES OF THE MARCH 20, 2009, TAX INCREMENT REINVESTMENT ZONE
NUMBER 2 (TIRZ NO. 2) BOARD OF DIRECTORS MEETING. TIRZ NO. 2 Board of
Directors.
Boardmember Colman made the motion, seconded by Boardmember Phillips, to
approve the minutes of the Special Meeting held March 20, 2009.
Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, and Phillips.
Voting "No" None.
Motion Passed 5 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent.
BOARD ACTION REGARDING THE APPROVAL OF THE SPECIAL MEETING
MINUTES OF THE MARCH 30, 2009, TAX INCREMENT REINVESTMENT ZONE
NUMBER 2 (TIRZ NO. 2) BOARD OF DIRECTORS MEETING. TIRZ NO. 2 Board of
Directors.
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Boardmember Pyburn made the motion, seconded by Boardmember Davis, to approve
the minutes of the Special Meeting held March 30, 2009.
Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, and Phillips.
Voting "No" None.
Motion Passed 5 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent.
BOARD ACTION — RESOLUTION NO. RTIRZ-2010-12 — A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE PEARLAND TAX INCREMENT REINVESTMENT
ZONE NO. 2 (TIRZ NO. 2) BOARD OF DIRECTORS, ACCEPTING THE ENGINEERS
REPORT ON DISCOVERY BAY. Mr. James Ross, LJA Engineering & Surveying, Inc.
BOARD ACTION — RESOLUTION NO. RTIRZ-2010-13 — A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE PEARLAND TAX INCREMENT REINVESTMENT
ZONE NO. 2 (TIRZ NO. 2) BOARD OF DIRECTORS, ACCEPTING THE ENGINEERS
REPORT ON SCR SCH 4 SITE. Mr. James Ross, LJA Engineering & Surveying, Inc.
BOARD ACTION — RESOLUTION NO. RTIRZ-2010-14 — A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE PEARLAND TAX INCREMENT REINVESTMENT
ZONE NO. 2 (TIRZ NO. 2) BOARD OF DIRECTORS, ACCEPTING THE ENGINEERS
REPORT ON SCR SCH 5 SITE. Mr. James Ross, LJA Engineering & Surveying, Inc.
Boardmember Phillips made the motion, seconded by Boardmember Davis, to approve
Resolution No. RTIRZ-2010-12, Resolution No. RTIRZ-2010-13 and Resolution No.
RTI RZ-2010-14.
Boardmember Phillips made the motion, seconded by Boardmember Davis, to approve
Resolution No. RTIRZ-2010-12, RTIRZ-2010-13, and RTIRZ-2010-14.
James Ross, LJA Engineering & Surveying, provided the Board with a detailed review
of the engineering report Discovery Bay, SCR SCH 4 Site, and SCR SCH 5 Site.
Voting "Aye" Boardmembers Pyburn, Coleman, Davis, and Phillips.
Voting "No" None.
Voting "Abstain" Boardmember Cook
Motion Passed 4 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent and 1 abstention.
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BOARD ACTION — RESOLUTION NO. RTIRZ-2010-01— A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE PEARLAND TAX INCREMENT REINVESTMENT
ZONE NO. 2 (TIRZ NO. 2) BOARD OF DIRECTORS, GRANTING APPROVAL TO
PROCEED WITH CONSTRUCTION OF TIRZ IMPROVEMENTS. Mr. Trey Lary, Allen
Boone Humphries Robinson LLP.
Boardmember Phillips made the motion, seconded by Boardmember Pyburn, to
approve Resolution No. RTIRZ-2010-01.
Trey Lary, Boone Humprhies Robinson LLP, stated this item is for three letter of
financing agreements for the projects discussed in the previous items.
Voting "Aye" Boardmembers Pyburn, Coleman, Davis, and Phillips.
Voting "No" None.
Voting "Abstain" Boardmember Cook
Motion Passed 4 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent and 1 abstention.
BOARD ACTION — RESOLUTION NO. RTIRZ-2010-02 — A RESOLUTION OF THE
TAX INCREMENT REINVESTMENT ZONE NO. 2 (TIRZ), AUTHORIZING
HUITT—ZOLLARS TO PERFORM CONSTRUCTION AUDIT SERVICES.
Mr. Steve Gardner, Huitt—Zollars, Inc.
Boardmember Pyburn made the motion, seconded by Boardmember Davis, to approve
Resolution No. RTIRZ-2010-02.
Voting "Aye" Boardmembers Pyburn, Coleman, Davis, and Phillips.
Voting "No" None.
Motion Passed 5 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent.
BOARD ACTION — RESOLUTION NO. RTIRZ-2010-03 — A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE PEARLAND TAX INCREMENT REINVESTMENT
ZONE NO. 2 (TIRZ NO. 2) BOARD OF DIRECTORS, APPROVING REIMBURSEMENT
OF COMPLETED LETTER OF FINANCING AGREEMENTS. Mr. Mark McGrath,
McGrath & Co.
Boardmember Davis made the motion, seconded by Boardmember Phillips, to approve
Resolution No. RTIRZ-2010-03.
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Mark McGrath, McGrath & Co., stated he has provided a report to the Board that
verifies the cost and that the construction has been completed. He continued to provide
the Board with a brief review of the construction audit.
Voting "Aye" Boardmembers Pyburn, Coleman, Davis, and Phillips.
Voting "No" None.
Voting "Abstain" Boardmember Cook
Motion Passed 4 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent and 1 abstention.
BOARD ACTION — RESOLUTION NO. RTIRZ-2010-04 — A RESOLUTION OF THE
TAX INCREMENT REINVESTMENT ZONE NO. 2 (TIRZ), ACCEPTING THE 2009
ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
2009. Ms. Claire Bogard, Director of Finance.
Boardmember Pyburn made the motion, seconded by Boardmember Phillips, to
approve Resolution No. RTIRZ-2010-04.
City of Pearland Director of Finance Claire Bogard provided the Board with a detailed
report of the Annual Financial Report for the fiscal year ending September 30, 2009.
Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, and Phillips.
Voting "No" None.
Motion Passed 5 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent.
BOARD ACTION — RESOLUTION NO. RTIRZ-2010-05 — A RESOLUTION OF THE
TAX INCREMENT REINVESTMENT ZONE NO. 2 (TIRZ), APPROVING AN
ENGAGEMENT LETTER WITH MCGRATH & CO., PLLC FOR SERVICES FOR THE
ZONE. Ms. Claire Bogard, Director of Finance.
Boardmember Davis made the motion, seconded by Boardmember Phillips, to approve
Resolution No. RTIRZ-2010-05.
City of Pearland Director of Finance Claire Bogard stated this item is to engage Mark
McGrath and McGrath & Co. to perform the same financial services he provided when
through Null Lairson P.C. The contract will remain in effect for a one-year period.
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Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, and Phillips.
Voting "No" None.
Motion Passed 5 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent.
BOARD ACTION — RESOLUTION NO. RTIRZ-2010-06 — A RESOLUTION OF THE
TAX INCREMENT REINVESTMENT ZONE NO. 2 (TIRZ), ACCEPTING THE
FINANCIAL REPORT FOR THE PERIOD ENDING APRIL 30, 2010.
Ms. Claire Bogard, Director of Finance.
Boardmember Pyburn made the motion, seconded by Boardmember Coleman, to
approve Resolution No. RTIRZ-2010-06.
City of Pearland Director of Finance Claire Bogard provided the Board with an overview
of the Financial Report for the period ending April 30, 2010.
Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, and Phillips.
Voting "No" None.
Motion Passed 5 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent.
BOARD ACTION — RESOLUTION NO. RTIRZ-2010-07 — A RESOLUTION OF THE
TAX INCREMENT REINVESTMENT ZONE NO. 2 (TIRZ), ADOPTING AN AMENDED
INVESTMENT POLICY, INVESTMENT STRATEGY AND APPROVED BROKERS IN
ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT CODE ("PUBLIC
FUNDS INVESTMENT ACT"). Ms. Claire Bogard, Director of Finance.
Boardmember Phillips made the motion, seconded by Boardmember Pyburn, to
approve Resolution No. RTIRZ-2010-07.
City of Pearland Director of Finance Claire Bogard stated the Public Funds Investment
Act requires that the Board review their investment policy, strategy and broker dealers
annually. The Board typically approves the City of Pearland investment policy and then
changes are made to reflect the Tax Increment Reinvestment Zone No. 2 in the
document. There are no changes from the policies from the previous year.
Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, and Phillips
Voting "No" None.
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Motion Passed 5 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent.
BOARD ACTION — RESOLUTION NO. RTIRZ-08 — A RESOLUTION OF THE TAX
INCREMENT REINVESTMENT ZONE NO. 2 (TIRZ), ACCEPTING THE INVESTMENT
REPORT FOR THE QUARTERS ENDING MARCH 2009, JUNE 2009, SEPTEMBER
2009, DECEMBER 2009, AND MARCH 2010. Ms. Claire Bogard, Directorof Finance.
Boardmember Coleman made the motion, seconded by Boardmember Pyburn, to
approve Resolution No. RTIRZ-2010-08.
City of Pearland Director of Finance Claire Bogard provided the Board with a detailed
review of the investment report for the quarters ending March 2009, June 2009,
September 2009, December 2009, and March 2010.
Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, and Phillips.
Voting "No" None.
Motion Passed 5 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent.
BOARD ACTION — RESOLUTION NO. RTIRZ-2010-09 — A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE PEARLAND TAX INCREMENT REINVESTMENT
ZONE NO. 2 (TIRZ NO. 2) BOARD OF DIRECTORS, APPOINTING THREE
MEMBERS TO SERVE AS AN INVOICE REVIEW COMMITTEE. Ms. Claire Bogard,
Director of Finance.
Boardmember Phillips made the motion, seconded by Boardmember Pyburn, to
approve Resolution No. RTIRZ-2010-09 appointing Boardmembers Pyburn, Coleman,
and Davis to the Invoice Review Committee and appointing Boardmember Phillips as an
alternate.
City of Pearland Director of Finance Claire Bogard stated all invoices received for
payment are reviewed and paid by the Invoice Review Committee. The invoices are
then ratified by the Board at the following meeting. This item is to re -appoint the three
current members or new members to the committee.
Discussion ensued between Boardmembers and City of Pearland Director of Finance
Claire Bogard.
Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, and Phillips.
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Voting "No" None.
Motion Passed 5 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent.
BOARD ACTION — RESOLUTION NO. RTIRZ-2010-10 — A RESOLUTION OF THE
TAX INCREMENT REINVESTMENT ZONE NO. 2 (TIRZ), RATIFYING INVOICES
THAT WERE PAID FROM APRIL 2009 THROUGH MAY 2010 AND APPROVING
INVOICES FOR PAYMENT. Ms. Claire Bogard, Director of Finance.
Boardmember Davis made the motion, seconded by Boardmember Phillips, to approve
Resolution No. TIRZ2010-10, as amended to include an additional invoice in Exhibit "B".
City of Pearland Director of Finance Claire Bogard stated this item is to ratify the
payment of invoices that were reviewed and paid by the Invoice Review Committee.
The item will need to be amended to add one additional invoice that was received after
the documents were sent to the Board.
Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, and Phillips.
Voting "No" None.
Motion Passed 5 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent.
BOARD ACTION — RESOLUTION NO. RTIRZ-2010-11 — A RESOLUTION OF THE
TAX INCREMENT REINVESTMENT ZONE NO. 2 (TIRZ), APPROVING THE 2009
ANNUAL REPORT. Ms. Sue Darcy, Marsh Darcy Partners, Inc.
Boardmember Pyburn made the motion, seconded by Boardmember Coleman, to
approve Resolution No. TIRZ2010-11.
Sue Darcy, Marsh Darcy Associates, provided the Board with an overview of the 2009
Annual Report.
Drew Pelter, Shadow Creek Ranch Development Company, provided the Board with an
update regarding the status of developments in Tax Increment Reinvestment Zone No.
2.
Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, and Phillips.
Voting "No" None.
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Motion Passed 5 to 0, with Boardmembers Harrison, Knight, Castillo, and Loessin
absent.
ADJOURNMENT
Meeting was adjourned at 4:45 p.m.
Minutes approved as submitted and/or corrected this the 13th day of June, A.D., 2009.
PIENNETH R. PHILLIP
TIRZ NO. 2 CHAIRMAN
ATTEST
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