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2009 08 06 MDD MinutesMINUTES OF THE MEETING OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT August 06, 2009 The Baytown Municipal Development District of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August 06, 2009, at 4:35 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 Lynn A. Caskey, II Director Ruben Linares Director David McCartney Director Terry Sain Director Scott Sheley Director Lena Yepez Director Kirven Tillis Director Mary Hernandez Director Stephen DonCarlos President Garrison C. Brumback General Manager Ignacio Ramirez, Sr. General Counsel Kevin Troller Assistant General Manager Leticia Garza Interim Secretary Directors Reggie Brewer, Mary Hernandez, and Kirven Tillis were absent from the August 6, 2009 Baytown Municipal Development District Regular Meeting. President DonCarlos convened the August 06, 2009, Regular Meeting with a quorum present at 4:35 P.M. 1. MINUTES a. Approve the Minutes of the Baytown Municipal Development District (MDD) Regular Meeting held on July 02, 2009. Motion was made by Director Sain, seconded by Director Yepez approving the minutes from the July 02, 2009, Municipal Development District Regular Meeting. The vote was as follows: Page 2 of 5 Minutes of the August 06, 2009 MDD Board Meeting Ayes: Directors: Capetillo, Caskey, Linares, McCartney, Sain, Sheley, Yepez, and President DonCarlos. Nays: None. The motion passed. 2. BUSINESS ITEMS a. Conduct a Public Hearing for the Baytown Municipal Development District 2009 -10 Proposed Budget - Interim Assistant Secretary. President DonCarlos presented the agenda item. President DonCarlos conducted a public hearing for Baytown Municipal Development District (MDD) 2009 -10 Proposed Budget. The public hearing was called to order by President DonCarlos at 4:36 P.M. General Manager Brumback summarized the MDD proposed budget being a little over $6 million for working capital and the sales tax increase on residential gas and electric that the Council agreed to may impact the MDD as well. The sales tax is inside the City limits of Harris County. Mr. Caskey inquired about the NEWWTP. Mr. Leiper indicated that the plant is working. No more lines are needed and it's just a matter of getting the connections from the lift station to the lines across. We just finished one of the lines that are on council's agenda for next of the Phase II and some of the Phase III stuff we are closing out. Mr. McCartney inquired about the land being cleaned off on Hwy 99 and TriCity Beach Road. Mr. Leiper indicated that we have no plans for that project. There being no one registered to speak President DonCarlos closed the public hearing at 4:41 P.M. b. Election of Officers - Interim Assistant Secretary. President DonCarlos presented the agenda item. Considered the election of officers: President, Vice President, and Secretary and appoint of an Assistant Secretary. The present officers of the MDD Board are Stephen H. DonCarlos, President; Lynn Caskey, II, Vice President; David McCartney, Secretary and the appointment of the City Clerk as Assistant Secretary. Mr. Sheley nominated Mr. DonCarlos for President. Motion was made by Director Sheley, seconded by Director Sain approving the election of Mr. DonCarlos as President. The vote was as follows: Page 3 of 5 Minutes of the August 06, 2009 MDD Board Meeting Ayes: Directors: Capetillo, Caskey, Linares, McCartney, Sain, Sheley, and Yepez Nays: None Abstained: President DonCarlos The motion passed. Mr. Sheley nominated Mr. Linares for Vice President. Motion was made by Director Sheley, seconded by Director Capetillo approving the election of Mr. Linares as Vice President. The vote was as follows: Ayes: Directors: Capetillo, Caskey, McCartney, Sain, Sheley, Yepez and President DonCarlos Nays: None Abstained: Director Linares The motion passed. Mr. Sheley nominated Mr. Tillis for Secretary. Motion was made by Director Sheley, seconded by Director Capetillo approving the election of Mr. Tillis as Secretary. The vote was as follows: Ayes: Directors: Capetillo, Caskey, Linares, McCartney, Sain, Sheley, Yepez, and President DonCarlos Nays: None Abstention: Director Tillis The motion passed. Mr. Sain proposed the appointment of the City Clerk as the Assistant Secretary. Motion was made by Director Sain, seconded by Director Caskey approving the appointment of Assistant Secretary as the City Clerk. The vote was as follows: Page 4 of 5 Minutes of the August 06, 2009 MDD Board Meeting Ayes: Directors: Capetillo, Caskey, Linares, McCartney, Sain, Sheley, Yepez, and President DonCarlos Nays: None The motion passed. 3. PROPOSED RESOLUTIONS a. Adopt the Baytown Municipal Development District 2009 -10 Proposed Budget - Finance. President DonCarlos presented the agenda item of Resolution 134, adopting the Baytown Municipal Development District (MDD) 2009 -10 Budget. Motion was made by Director Capetillo, seconded by Director Caskey approving Resolution 134, adopting the Baytown Municipal Development District (MDD) 2009 -10 Budget. The vote was as follows: The motion passed. Ayes: Directors: Capetillo, Caskey, Linares, McCartney, Sain, Sheley, Yepez, and President DonCarlos Nays: None RESOLUTION 134 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. President DonCarlos stated that the agenda would be taken out of order and Agenda Item 5.a. was at this time. 5. MANAGER'S REPORT a. MDD Monthly Sales Tax Report - Finance. Assistant Finance Director, Andrea Deaton summarized the Baytown Municipal Development District sales tax report for the month of July 2009 as being down at 1.96 %. Page 5 of 5 Minutes of the August 06, 2009 MOD Board Meeting /►. 4. EXECUTIVE SESSION a. Executive Session: Possible Property Acquisition - Legal At 4:45 P.M., President DonCarlos recessed into and conducted an executive session pursuant to Texas Government Code, Section 551.072 to deliberate the possible purchase of real property for various development projects. At 5:27 P.M., President DonCarlos reconvened the Open Meeting of the Municipal Development District Board of the City of Baytown and announced that in accordance with the Section 551.102 of the Texas Open Meetings Act and stated that no action was taken during Executive Session. 6. ADJOURN Motion was made by Director McCartney, seconded by Director Caskey adjourning the Baytown Municipal Development District Regular Meeting for August 06, 2009. The vote was as follows: Ayes: Directors: Capetillo, Caskey, Linares, McCartney, Sam, Sheley, Yepez, and President DonCarlos R Nays: None The motion passed. President DonCarlos adjourned the MDD meeting of August 06, 2009, at 5:27 P.M. " Leticia Garza, Interi S retary - . — -. City ofBaytown - ' � 5i