Regional Service Through Unity… Meeting our Region’s Needs Today and Tomorrow REAL ESTATE COMMITTEE MEETING August 26, 2020 (Via Teleconference)
AGENDA I. CALL TO ORDER II. PUBLIC COMMENTS (FOR TELECONFERENCE COMMITTEE MEETING ONLY INSTRUCTIONS FOR PUBLIC COMMENT ON-LINE REGISTRATION: Prior to the start of the Finance/Audit Committee meeting, members of the public wishing to provide public comment must submit via email to PublicRelations.Info@ntmwd.com their first and last name, organization, comment topic, mailing address and email address. During the public comment portion of the meeting, speakers will be recognized by name and asked to provide their comments. The time limit is five (5) minutes per speaker, not to exceed a total of thirty (30) minutes for all speakers. The Committee may not discuss these items, but may respond with factual or policy information. Public comment is provided for committee meetings held by teleconference during the COVID-19 health threat to confirm the opportunity for two-way communication with the public during the meeting. III. OPENING REMARKS A. Chairman/Interim Executive Director/Committee Champion Status Report concerning legislation and regulatory matters, budgets, current projects and ongoing programs of the District related to real estate. 2
AGENDA IV. DISCUSSION AND POSSIBLE ACTION ITEMS A. Discuss Real Estate Committee charge B. Discuss and possible action on request from City of Melissa for Amendment No. 2 to deed restrictions on property adjacent to 121 Regional Disposal Facility previously donated to the City of Melissa from NTMWD upon the Melissa City Council authorizing the City Manager to execute the same C. Discuss and consider recommendations on August 2020 regular Board meeting agenda items: 1. Adoption of Resolution No. 20-36 authorizing sale of property to Wetlands Management, LP, for the John Bunker Sands Wetland Center’s Event Center – Administrative Memorandum No. 5606 2. Adoption of Resolution No. 20-37 authorizing lease agreement with Wetland Farm, LLC – Administrative Memorandum No. 5607 3. Adoption of Resolution No. 20-39 authorizing additional funding for right- of-way acquisition for Sloan Creek Force Main project – Administrative Memorandum No. 5614 3
AGENDA IV. DISCUSSION AND POSSIBLE ACTION ITEMS C. Discuss and consider recommendations on August 2020 regular Board meeting agenda items: 4. Authorize execution of right-of-way acquisition program and adoption of Resolution No. 20-41 authorizing the use of eminent domain to acquire right-of-way for the Wylie to Rockwall Pipeline Relocation project – Administrative Memorandum No. 5615 5. Adoption of Resolution No. 20-41 authorizing execution of lease agreement on approximately 300 acres adjacent to the Leonard Water Treatment Plant site – Administrative Memorandum No. 5616 4
AGENDA V. DISCUSSION ITEMS A. Opportunity for Committee members to provide feedback on the Real Estate Committee meeting B. Opportunity for Committee members to request potential future agenda items (No substantive discussion of items will take place at this time) VI. ADJOURNMENT 5
EXECUTIVE SESSION: CONSULTATION WITH ATTORNEY Section 551.071, Consultation with Attorney • Authorizes a government body to consult with its attorney in an Executive Session to seek advice on legal matters regarding pending or contemplated litigation or a settlement offer. • A government body may not invoke this Section to convene a closed session and then discuss matters outside of that provision. • General discussion of policy, unrelated to legal matters, is not permitted under the language merely because an attorney is present. • Items discussed during consultation with the District’s attorney are privileged and should remain confidential
Agenda AGENDA DISCUSSION AND POSSIBLE ACTION ITEMS B. Discuss and possible action on request from City of Melissa for Amendment No. 2 to deed restrictions on property adjacent to 121 Regional Disposal Facility previously donated to the City of Melissa from NTMWD upon the Melissa City Council authorizing the City Manager to execute the same 7
Agenda U.S. VENTURE MELISSA TERMINAL/EXPLORER PIPELINE • 2006 - Transferred 89 acres to Melissa • Deed Restriction: “The Property is to be used for municipal purposes only.” • 2006 - Granted Melissa 32 acre easement on 52 acre North Drainage Area “for public park and recreational purposes.” • 2016 – Melissa asked to change 89 acre restriction to allow for development • Agreed to list of uses; light and heavy industrial not involving people/customers who may complain about proximity to landfill and compost operation • June 2020 - City of Melissa attorney contacted Lewis Isaacks about adding “refined petroleum products terminal storage facility and related facilities and appurtenances” to allowable uses 8
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Agenda U.S. VENTURE MELISSA TERMINAL/EXPLORER PIPELINE • June 2020 – TCEQ air permit notice posted on property • Permittee is U.S. Venture, Inc. • Comment period closed June 30; 1 public meeting request • 8 large capacity tanks storing gasoline, diesel and ethanol • 2 - 4 million gallon tanks • Total of ~15.25 million gallons • Recently, individual emailed NTMWD concerned about pipeline to tank farm going through Sister Grove Creek basin, noted: • Role as water provider and LF operator conflict with public welfare • Owners on pipeline route opposed LF permit implying targeted retaliation by allowing 12
Agenda U.S. VENTURE MELISSA TERMINAL/EXPLORER PIPELINE • NTMWD can’t control pipeline location, can impact what may be developed on 89 acre property • Melissa in favor given their attorney contacted NTMWD • Want to maintain excellent relationship with Melissa • Explorer Pipeline said tank farm project won’t proceed if modification to restriction does not occur • Action needed: Committee to decide whether to recommend or decline to modify deed restriction • If recommend, will bring deed restriction Amendment No. 2 to board in September for authorization to execute upon city of Melissa executing same 13
Adjourn Executive Session
Agenda AGENDA DISCUSSION AND POSSIBLE ACTION ITEMS A. Discuss Real Estate Committee charge 15
REAL ESTATE COMMITTEE OUR VISION : To ensure all properties owned or leased by the North Texas Municipal Water District meet the needs of the District and the Region for today and tomorrow. MISSION STATEMENT : Identify all properties owned and leased by the District and the Departments responsible for its utilization. Verify use of properties are in support of the District needs in the most efficient way possible.
REAL ESTATE COMMITTEE REAL ESTATE COMMITTEE Items of Potential Interest • Surplus property and sales • ROW requests on projects • Lease agreements • Encroachment agreements • Property litigation items • Land transaction with other agencies/municipalities • Shoreline and Lake Management • Development agreements • Permits--concessionaires, marinas, boat docks, special events) 17
REAL ESTATE COMMITTEE Reporting • Lease agreements • Currently have 13 - Excluding Damesworth and Wetlands Barn on August agenda • Site location, lessee name, lease date, terms, including payment if any. • Bois d’Arc Lake surplus properties • 34 total • Approximately 1,635 acres • Additional information required by Real Estate Committee? • Listing of ALL District-owned properties • Other surplus properties • Initial report and update when there are changes only? 18
REAL ESTATE COMMITTEE District personnel and role • Mark Simon • Assistant Deputy of Engineering and Construction • Champion of Real Estate Committee • Real Estate Program under his purview • Garrett Murphree • Real Estate Manager • Responsible for all non-Bois d’Arc Lake property acquisitions and leases • Jennifer Stanley • Lake Manager and former Real Estate Manager • Responsible for Bois d’Arc Lake property acquisitions and leases 19
Agenda AGENDA DISCUSSION AND POSSIBLE ACTION ITEMS C. Consider recommendations on August 2020 regular Board meeting agenda items as follows: 1. Adoption of Resolution No. 20-36 authorizing sale of property to Wetlands Management, LP, for the John Bunker Sands Wetland Center’s Event Center – Administrative Memorandum No. 5606 • Consider recommendation on adoption of Resolution No. 20- 36 authorizing the sale of property of 0.3658 acres of land to Wetlands Management, LP, at the price of $6,000 and authorize the Interim Executive Director to execute all documents necessary for the sale of said property and to employ support services required for the preparation of such contracts and closings related to the parties 20
AGENDA What: Authorize sale of property to Wetlands Management, LP, for the John Bunker Sands Wetland Center’s Event Center for the appraised value of the land. Why: Support the John Bunker Sands Wetland Center’s water quality and supply, wildlife management, and wetland systems mission through selling sufficient property for the Wetland Center to expand and construct a new event center.
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