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HomeMy WebLinkAbout06/12/2025 - Regular Minutes - Rock Prairie Management District No. 2ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 MINUTES OF PUBLIC MEETING OF BOARD OF DIRECTORS June 12, 2025 The Board of Directors (the "Board") of Rock Prairie Management District No. 2 (the "District") met in regular session, open to the public on June 12, 2025, at 4121 State Highway 6 South, College Station, Brazos County, Texas 77845, in accordance with the duly posted notice of meeting, and the roll was called of the duly constituted members of said Board of Directors, as follows: Uri Geva — President Hays Glover — Vice President Logan Lee — Assistant Vice President Mark Lindemulder — Secretary Samuel "Kit" Kerbel — Assistant Secretary and all of said persons were present, except Directors Geva and Kerbel, thus constituting a quorum. Also present were James Murr of College Station Downtown Residential, LLC (CSDR"); Denise Oppenheimer of Municipal Accounts & Consulting, L.P. ("MAC"); Stacy Vasquez of the City of College Station (the "City"); Avik Bonnerjee of B&A Municipal Tax Service, LLC ("B&A"); Councilmember Mark Smith of the City; Debbie Drastata, Anna Lowary, and Al Leboeuf, residents of the District; and Christina Cole of Schwartz, Page & Harding, L.L.P. (" SPH"). In the absence of the President, the Vice President called the meeting to order and declared same open for such business as might properly come before it. Ms. Cole informed the participants that, in accordance with the requirements of the City's Resolution No. 07-09-15-02 consenting to the creation of the District, the meeting would be recorded, and requested that participants speak clearly, including when making or seconding a motion. PUBLIC COMMENTS The Board began by opening the meeting for public comments. There were no comments from members of the public. APPROVAL OF MINUTES The Board next considered approval of the minutes of its meeting held on April 10, 2025. After review and discussion, Director Glover moved that the minutes for said Board meetings be approved, as written. Director Lindemulder seconded said motion, which unanimously carried. STATEMENTS OF ELECTED/APPOINTED OFFICER, OFFICIAL BONDS, OATHS OF OFFICE, AFFIDAVITS OF CURRENT DIRECTOR AND ELECTIONS NOT TO DISCLOSE CERTAIN INFORMATION OF DIRECTOR Ms. Cole reported that, at its meeting of May 8, 2025, the City Council of the City appointed Director Kerbel to Position 4 and Director Lee to Position 5 on the Board with expiring terms ending June 1, 2029. The Board then considered acceptance of the Statements of Elected/Appointed Officer, Official Bonds, Oaths of Office and Affidavits of Current Director for Directors Kerbel and Lee. In that regard, Ms. Cole reported that SPH had received the Statements of Elected/Appointed Officer, Official Bonds, Oaths of Office and Affidavits of Current Director of Directors Kerbel and Lee. It was then moved by Director Glover, seconded by Director Lindemulder and unanimously carried, that the Board accept said Statements of Elected/Appointed Officer, Official Bonds, Oaths of Office and Affidavits of Current Director and declare Directors Kerbel and Lee appointed and qualified directors of the District. ELECTION NOT TO DISCLOSE INFORMATION Ms. Cole advised the Board that each director may elect to instruct the District to withhold public access to information in the custody of the District relating to his or her home address, home telephone number, social security number and information indicative of whether he or she has family members pursuant to Section 552.024 of the Texas Government Code. She noted that such election must be made not later than the fourteenth day after the director's appointment or election. Ms. Cole noted that Directors Kerbel and Lee each elected not to disclose such information and have submitted a written statement noting same. ELECTION OF OFFICERS The next item to be considered was the reorganization of the officers of the Board. Following discussion, a vote was called, and upon motion duly made by Director Glover, seconded by Director Lindemulder and unanimously carried, Director Geva was elected to continue to serve as President, Director Glover to continue to serve as Vice President, Director Lee to continue to serve as Assistant Vice President, Director Lindemulder to continue to serve as Secretary and Director Kerbel to continue to serve as Assistant Secretary of the Board and the District. DISTRICT REGISTRATION FORM The Board next considered authorizing the preparation and filing of an updated District Registration Form as required by the rules of the Texas Commission on Environmental Quality ("TCEQ"). Ms. Cole explained that, in accordance with certain provisions of the Texas Water Code and rules of the TCEQ, municipal management districts are required to provide the names, mailing addresses, officer positions and terms of office for directors to the TCEQ within thirty (30) days of the director's election or appointment. She advised that, with the Board's approval, SPH will prepare an updated District Registration Form reflecting the terms of office of Directors Kerbel and Lee, and will file said Form with the TCEQ following today's meeting. Following 2 804113v1 discussion, Director Glover moved that the Board authorize SPH to prepare the updated District Registration Form as discussed and to file same with the TCEQ within thirty (30) days of today's meeting. Director Lindemulder seconded said motion, which unanimously carried. 1:T6Z6):4,14a a U101toN a 901A, Ms. Oppenheimer presented to and reviewed with the Board the Bookkeeper's Report dated June 12, 2025, a copy of which is attached hereto as Exhibit A, including the checks presented for payment from the District's various accounts. After discussion on the matter, it was moved by Director Lee that (i) the Bookkeeper's Report be approved, and (ii) the checks identified in the Bookkeeper's Report be approved for payment. Director Lindemulder seconded said motion, which carried unanimously. OPERATING BUDGET FOR FISCAL YEAR ENDING MAY 31. 2026 Ms. Oppenheimer next presented a draft budget for the District's fiscal year ending May 31, 2026, a copy of which is included with Exhibit A. In connection therewith, Ms. Cole reminded the Board that, pursuant to Section 7(e) of the City Resolution No. 07-09-15-02 (which provided the City's consent to the creation of the District), the City shall have the right to review the District's annual budget. She then advised the Board that a copy of such operating budget was forwarded to the City for review. She reported that no comments to the operating budget have been received from the City to date. Following discussion, Director Lee moved that the operating budget for the District's fiscal year ending May 31, 2026 be approved and adopted as presented. Director Lindemulder seconded the motion, which unanimously carried. TAX ASSESSOR/COLLECTOR'S REPORT Mr. Bonnerjee then presented to and reviewed with the Board the Tax Assessor -Collector Reports for the months ended April 30, 2025, and May 31, 2025, prepared by B&A, including checks presented therein for payment. Copies of such reports are attached hereto as Exhibit B. Following discussion, Director Lindemulder moved that (i) the Tax Assessor/Collector Reports be approved, and (ii) that the checks identified therein be approved for payment. Director Glover seconded said motion, which unanimously carried. REOUEST TO CITY OF COLLEGE STATION FOR ACCOUNTING OF CONTRACT PAYMENTS PURSUANT TO INFRASTRUCTURE AND ECONOMIC DEVELOPMENT AGREEMENT Ms. Cole advised the Board that, pursuant to the the Infrastructure and Economic Development Agreement dated July 9, 2015 among the City, the District, College Station Town Center, Inc., and College Station Downtown Residential, LLC, as assigned and amended (the "Agreement"), the District may request from the City an annual account of the calculation of the Contract Payments for each year of the term of the Agreement. Following discussion, Director Glover moved that SPH be authorized to direct correspondence to the City requesting an accounting of the Contract Payments that have accrued since the inception of the Agreement. Director Lindemulder seconded the motion, which unanimously carried. 3 804113v1 ENGINEERING REPORT Ms. Cole advised the Board that a representative of EHRA Engineering ("EHRA") was not able to attend the meeting and presented to and reviewed with the Board a written Engineering Report for the month of June 2025, a copy of which is attached hereto as Exhibit C, relative to the status of various projects within the District, and discussed the matters contained therein. Following discussion, Director Lindemulder moved to approve the Engineering Report and all action items listed therein, as recommended by EHRA, including: (i) ratification of approval of design and authorization for EHRA to proceed with the advertisement for bids for construction of facilities within the District as may be listed therein, including the construction of Midtown Reserve Subdivision Phase 116; and (ii) the approval or concurrence, as applicable, of all pay estimates, contract quantity adjustments and change orders as may be listed therein, including Pay Estimate Nos. 1 and 2 in the amounts of $656,957.51, and $170,579.79, respectively, from Greens Prairie Investors, Ltd. for the construction of Midtown Reserve Subdivision Phase 113. Director Lee seconded the motion, which unanimously carried. DEVELOPER'S REPORT The Board considered the Developer's Report. Mr. Murr presented a verbal report on the status of development within the District. It was noted that no action was required of the Board at this time. APPROVAL OF ASSIGNMENT AND AMENDMENT OF TURF AND LANDSCAPE MANAGEMENT CONTRACT Ms. Cole advised the Board that Green Teams, Inc. recently acquired Greener Images. She then explained to the Board that Greener Images now operates as Green Teams, Inc. ("Green Teams"), and Greener Images desires to assign its Turf and Landscape Management Contract with the District to Green Teams upon the District's consent. In this regard, Ms. Cole presented to and reviewed with the Board a form of Assignment and Amendment of Turf and Landscape Management Contract by and among the District, Greener Images, and Green Teams (the "Assignment"), which Assignment is attached hereto as Exhibit D. After discussion, Director Glover moved to approve the Assignment, authorize the President to execute same on behalf of the District, and acknowledge the related Texas Ethics Commission Form 1295s from Greener Images and Green Teams, respectively. Director Lindemulder seconded the motion, which carried unanimously. RECORDS DESTRUCTION REOUEST Ms. Cole then reported that the District's Records Retention Schedules adopted in connection with its Records Management Program require that records of the District be retained only for specific periods of time based on the type of record. As an example, she explained that notes taken during meetings and which are used to prepare the official minutes of Board meetings are to be retained for ninety days after approval of such minutes by the Board. She next presented a request from the Records Management Officer for approval to destroy certain records (which 11 804113v1 will not be scanned in and stored electronically) in accordance with the District's Records Retention Schedules, which request is attached hereto as Exhibit E (the "Request"). After discussion, Director Glover moved that SPH be authorized to destroy the records described in the Request. Director Lindemulder seconded said motion, which carried unanimously. ATTORNEY' S REPORT The Board considered the Attorney's Report. Ms. Cole advised the Board that she had nothing of a legal nature to discuss with the Board that was not already covered under previous agenda items. Ms. Cole noted that the next regular meeting of the Board will be held on Thursday, August 14, 2025, at 2:00 p.m. FUTURE AGENDA ITEMS The Board next considered matters for possible placement on future agendas. There were no future agenda items to be discussed other than matters previously noted during the meeting. ADJOURNMENT There being no further business to come before the Board, on motion made by Director Lindemulder, seconded by Director Glover, and unanimously carried, the meeting was adjourned. N%011" d Ck p� riy� (SEAL) ; •.��s r 40 'I NN � 1lil Secretary 804113v1 5 LIST OF ATTACHMENTS Rock Prairie Management District No. 2 Minutes of Meeting of June 12, 2025 Exhibit A Bookkeeping Report Exhibit B Tax Assessor/Collector Report Exhibit C Engineering Report Exhibit D Assignment and Amendment of Turf and Landscape Management Contract Exhibit E Records Destruction Request 0 804113v1