2009 07 02 MDD MinutesMINUTES OF THE MEETING OF THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
July 02, 2009
The Baytown Municipal Development District of the City of Baytown, Texas met in a
Regular Meeting on Thursday, July 02, 2009, at 4:30 P.M. in the Council Chamber of the
Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in
attendance:
Reggie Brewer
Director
Brandon Capetillo
Director
Ruben Linares
Director
David McCartney
Director
Terry Sain
Director
Lena Yepez
Director
Kirven Tillis
Director
Mary Hernandez
Director
Stephen DonCarlos President
Robert D. Leiper Deputy General Manager
Ignacio Ramirez, Sr. General Counsel
Leticia Garza Interim Secretary
Directors Lynn A. Caskey, II and Scott Sheley were absent from the July 02, 2009
Baytown Municipal Development District Regular Meeting.
President DonCarlos convened the July 02, 2009, Regular Meeting with a quorum present
at 4:30 P.M.
1. MINUTES
a. Approve the Minutes of Municipal Development District (MDD) Regular
Meeting held on May 07, 2009 — Assistant Secretary.
Motion was made by Director Sain, seconded by Director Hernandez approving the
minutes as amended from the May 07, 2009, Municipal Development District Regular
Meeting. The vote was as follows:
Ayes: Directors: Capetillo, Linares, McCartney, Sain, Yepez, Tillis,
Hernandez, and President DonCarlos.
Nays: None.
Abstention: Director Reggie Brewer.
Page 2 of 5 Minutes of the July 02, 2009, MDD Meeting
The motion passed.
2. DISCUSSION
a. Discuss the Municipal Development District 2009 -2010 Proposed Budget -
Finance.
Discussed the Municipal Development District (MDD) 2009 -10 Proposed Budget.
Deputy General Manager, Bob Leiper, presented the agenda item.
Mr. Leiper reported a background overview of the Board for benefit of the new members.
He explained the MDD funding source, which is a % cent sales tax in the Harris County
portion of the Baytown District, but does not include Chambers County. However, the
money could be spent outside of the District for the benefit of the District, including
Chambers County and the ETJ. The MDD defines the Economic Development House
Bill 4376, which Representative Wayne Smith carried for us, the opportunity to expand
in Baytown only. This bill gave Baytown a much broader range for economic
development activities that this board can now undertake thanks to Representative Smith
and the legislature.
Mr. Leiper explained the process of the proposed budget with the MDD budget being
carried over from year to year where as the general funds zero out at the end of the fiscal
year and starts over. The carry - forward column on the budget spreadsheet is money that
was approved by the MDD Board but has not been utilized. Sales tax is budgeted
conservatively with the collections being on track now and with an increase of about 4 `/Z
million dollars this year. The City's business environment has grown giving an
approximate 50% increase since the date of inception of the sales tax.
During the discussion of the streets, drainage, sidewalks, and signalization, Mr. Leiper
reminded the Board, that Federal money could not be used for utilities and TxDOT will
not pay for lighting, leaving that responsibility to the MDD Board. Director Yepez
inquired about the Market/Wisconsin Intersection line item. Mr. Leiper explained that the
Board approved money for the design and the construction part was funded from general
obligation street bond interest earnings.
President DonCarlos inquired on the carryover of money for the Baytown Nature Center
entryway. Mr. Scott Johnson, Director of Parks and Recreation stated that the carryover
money is a CMP Grant, partially for the peninsula on the left side to make longer peers;
construction is tentatively scheduled to begin in the fall. Mr. Leiper explained that some
of the line items with projects already closed will be cleaned up to reflect accuracy.
Director Yepez inquired of the specifics of the spray grounds listed as not specific in the
budget. Mr. Leiper explained that the spray grounds (not specific) was inserted for the
use of upgrades to already budgeted spray grounds or perhaps new Spray grounds not
already budgeted for if opportunity permits.
Page 3 of 5 Minutes of the July 02, 2009, MDD Meeting
In conclusion of the discussion, Mr. Leiper requested the adoption to this budget for the
next meeting due to its impact on the general fund budget.
3. PROPOSED RESOLUTIONS
a. Call a Public Hearing for Municipal Development District 2009 -2010
Proposed Budget — Assistant Secretary.
Resolution 132 called a Public Hearing on the 2009 -2010 proposed budget for August 06,
2009, during the regularly scheduled Baytown Municipal Development District meeting,
which commences at 4:30 p.m. and is held in the Council Chambers of the Baytown City
Hall. Notice of the Public Hearing will be published in the Baytown Sun on July 24,
2009.
Motion was made by Director Brewer, seconded by Director Sain approving Resolution
132. The vote was as follows:
Ayes: Directors: Brewer, Capetillo, Linares, McCartney, Sain, Yepez,
Tillis, Hernandez, and President DonCarlos.
Nays: None.
The motion passed.
RESOLUTION 132
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT.
ESTABLISHING THE DATE, TIME AND PLACE FOR A
PUBLIC HEARING FOR THE 2009 -10 PROPOSED BUDGET;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Authorize Interlocal Agreement for Youth Sports League Improvement
Project Funding — Parks and Recreation.
Resolution 133 authorized an Interlocal Agreement with the City of Baytown for
expenditures of up to $100,000.00 for improvement projects at the various sports
facilities within the District's boundaries from the 2009 MDD budget.
The agreement will provide funding for several improvement projects at the City's
various little league facilities, including the following:
• East Little League Park (10th Street): Construct new handicap ramp - $25,000;
• North Little League Park: Construct Five Foot and Sixteen Foot Fence and
Backstop (fabric only) - $19,500;
Page 4 of 5 Minutes of the July 02, 2009, MDD Meeting
• East Little League (10th Street): Replace Backstop Fence - $8,000;
Jenkins Park Spectator Area: Pour Concrete - $22,200;
• Central Little League Park: Replace Fence in front of dugouts - $3,250; and
• Several other small projects that will improve the youth league facilities.
Motion was made by Director McCartney, seconded by Director Capetillo approving
Resolution 133. The vote was as follows:
Ayes: Directors: Brewer, Capetillo, Linares, McCartney, Sain, Yepez,
Tillis, Hernandez, and President DonCarlos.
Nays: None.
The motion passed.
RESOLUTION 133
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
AUTHORIZING THE PRESIDENT TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE CITY OF BAYTOWN FOR FUNDING OF
IMPROVEMENT PROJECTS AT THE VARIOUS SPORTS
FACILITIES WITHIN THE DISTRICTS BOUNDARIES;
AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED ONE
HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
4. MANAGER'S REPORTS
a. Receive monthly sales tax report.
Mr. Leiper reported that budget is currently running over 7% ahead right now despite the
one month of being behind.
b. House Bill 4376 - General Manager.
Received report on House Bill 4376 and its impact to the Baytown Municipal
Development District; part of the discussion on item 2.a.
President DonCarlos requested an Executive Session, to discuss the update of the Real
Estate Land Acquisition, after budget discussion for the next MDD Regular Meeting.
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5. ADJOURN
Minutes of the July 02, 2009, MDD Meeting
Motion was made by Director Capetillo, seconded by Director Brewer adjourning the
MDD July 02, 2009, Regular Meeting. The vote was as follows:
Ayes: Directors: Brewer, Capetillo, Linares, McCartney, Sain, Yepez,
Tillis, Hernandez, and President DonCarlos.
Nays: None.
The motion passed.
President DonCarlos adjourned the MDD Regular Meeting on July 02, 2009, at 5:18 P.M.
Leticia Garza, In
City of Baytown