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2011-11-14 TAX INCREMENT REINVESTMENT ZONE NO. 2 BOARD MEETING MINUTES MINUTES 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, NOVEMBER 14, 2011, AT 4:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 4:06 p.m. with the following present: Vice Chair Gary Cook Secretary Mike Pyburn Boardmember Donna Coleman Boardmember Gary Davis Boardmember Jo Knight Boardmember Ron Castillo Boardmember Herbert Fain Absent: Chair Kenneth R. Phillips, Boardmember Larry Loessin. Others in attendance: Mayor Tom Reid; Bill Eisen City Manager City of Pearland; Claire Bogard Director of Finance City of Pearland; Rick Overgaard Assistant Director of Finance City of Pearland; Sonia Webb Deputy City Secretary City of Pearland; Lynne Humphries Allen Boone Humphries Robinson LLP; James Ross LJA Engineering; Sue Darcy Marsh Darcy Partners, Inc.; Drew Pelter Shadow Creek Ranch Development Company Ltd. NEW BUSINESS COUNCIL ACTION — REGARDING THE APPROVAL OF THE SPECIAL MEETING MINUTES OF THE JUNE 13, 2011, TAX INCREMENT REINVESTMENT ZONE NUMBER 2 (TIRZ NO. 2) BOARD OF DIRECTORS MEETING. TIRZ NO. 2 Board of Directors. Boardmember Knight made the motion, seconded by Boardmember Fain, to approve the minutes of the June 13, 2011, Tax Increment Reinvestment Zone Number 2 (TIRZ No. 2) Board of Directors Meeting. Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, Knight, and Castillo. Voting "No" None. Motion Passed 6 to 0, with Boardmembers Phillips and Loessin absent. Page 1 of 4— 11/14/2011 COUNCIL ACTION — RESOLUTION NO. RTIRZ-2011-08 — A RESOLUTION OF THE TAX INCREMENT REINVESTMENT ZONE NO. 2 (TIRZ), ACCEPTING THE FINANCIAL REPORT FOR THE PERIOD ENDING SEPTEMBER 30, 2011. Ms. Claire Bogard, Director of Finance. Boardmember Pyburn made the motion, seconded by Boardmember Davis, to approve Resolution No. TIRZ-2011-08. Director of Finance Claire Bogard provided Boardmembers with an overview of the Financial Report for the period ending September 30, 2011. Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, Knight, and Castillo. Voting "No" None. Motion Passed 6 to 0, with Boardmembers Phillips and Loessin absent. COUNCIL ACTION — RESOLUTION NO. RTIRZ-2011-09 — A RESOLUTION OF THE TAX INCREMENT REINVESTMENT ZONE NO. 2 (TIRZ), ACCEPTING THE INVESTMENT REPORT FOR THE QUARTERS ENDING JUNE 2011 and SEPTEMBER 2011. Ms. Claire Bogard, Director of Finance. Boardmember Castillo made the motion, seconded by Boardmember Coleman, to approve Resolution No. TIRZ-2011-09. Assistant Director of Finance Rick Overgaard provided Boardmembers with a detailed report of the Investment Report for the quarters ending June 2011 and September 2011 . Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, Knight, and Castillo. Voting "No" None. Motion Passed 6 to 0, with Boardmembers Phillips and Loessin absent. COUNCIL ACTION — RESOLUTION NO. RTIRZ-2011-10 — A RESOLUTION OF THE TAX INCREMENT REINVESTMENT ZONE NO. 2 (TIRZ), APPROVING INVOICES FOR PAYMENT AFTER DISCUSSION ON PERRY HOMES TRANSACTION/DEVELOPMENT. Ms. Claire Bogard, Director of Finance. Boardmember Fain made the motion, seconded by Boardmember Coleman, to approve Resolution No. TIRZ-2011-10. Director of Finance Claire Bogard stated this item includes invoices that have been Page 2 of 4— 11/14/2011 received for payment by the TIRZ Board. The invoices were not approved by the Invoice Review Committee because they were incurred during discussion regarding the Perry Homes agreement. Lynn Humphries, Allen Boone Humphries Robinson LLP, stated the fees associated with these invoices were not for Perry Homes. These services were provided on behalf of the TIRZ during the agreement discussions with Perry Homes Discussion ensued between Boardmembers, Lynn Humphries, Allen Boone Humphries Robinson LLP, Sue Darcy, Marsh Darcy Partners, Inc., and Finance Director Claire Bogard regarding the Resolution. Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, Knight, and Castillo. Voting "No" None. Motion Passed 6 to 0, with Boardmembers Phillips and Loessin absent. COUNCIL ACTION — RESOLUTION NO. RTIRZ-2011-11 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PEARLAND TAX INCREMENT REINVESTMENT ZONE #2 (TIRZ #2) BOARD OF DIRECTORS, APPROVING A SUB-DEVELOPER REIMBURSEMENT AGREEMENT WITH 518SCR, LTD. Boardmember Castillo made the motion, seconded by Boardmember Davis, to approve Resolution No. TIRZ-2011-11. Lynn Humphries, Allen Boone Humphries Robinson LLP, stated this agreement is a three-party transaction between the City of Pearland, the TIRZ, and Perry Homes. The agreement is in the same format as previous sub-developer agreements approved by the TIRZ. Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, Knight, and Castillo. Voting "No" None. Motion Passed 6 to 0, with Boardmembers Phillips and Loessin absent. COUNCIL ACTION — RESOLUTION NO. RTIRZ-2011-12 — A RESOLUTION OF THE TAX INCREMENT REINVESTMENT ZONE NO. 2 (TIRZ), RATIFYING INVOICES THAT WERE PAID FROM JUNE 2011 THROUGH OCTOBER 2011 AND APPROVING INVOICES FOR PAYMENT. Ms. Claire Bogard, Director of Finance. Boardmember Davis made the motion, seconded by Boardmember Castillo, to approve Resolution No. TIRZ-2011-12. Page 3 of 4— 11/14/2011 Director of Finance Claire Bogard stated this item includes invoices for fees incurred by the TIRZ since June 2011. Voting "Aye" Boardmembers Cook, Pyburn, Coleman, Davis, Knight, and Castillo. Voting "No" None. Motion Passed 6 to 0, with Boardmembers Phillips and Loessin absent. ADJOURNMENT Meeting was adjourned at 5:02 p.m. Minutes approved as submitted and/or corrected this the 11TH day of June, A.D., 2012 KENNETH R. PHIL •''S TIRZ NO. 2 CHAR MAN ATTEST: Plai.),MAA)\ MIKE PYBUR TIRZ NO. 2 SECRETARY Page 4 of 4— 11/14/2011