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2008 02 07 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT February 7, 2008 - 4:30 p.m. The Board of Directors of the Baytown Municipal Development District met on January 3, 2008, at 4:30 p.m. in the Council Chambers at, 2401 Market, Baytown, and Harris County, Texas with the following in attendance: Brandon Capetillo Director Terry Sain Director Don Murray Director Reggie Brewer Director Lynn Caskey Director Kitty Allen Director Sammy Mahan Director Lisa Guy Director Garry Brumback General Manager Ignacio Ramirez, Sr. General Counsel Kelvin Knauf Interim Assistant Secretary Directors Lena Yepez, Scott Sheley, and Stephen DonCarlos were absent. Director Terry Sain nominated Brandon Capetillo as temporary President. The motion was seconded by Director Sammy Mahan. The vote was as follows: Ayes: Directors Allen, Brewer, Capetillo, Caskey, Guy, Mahan, Murray and Sain. Nays: None The motion carried. Temporary President Capetillo called the meeting to order at 4:35 p.m. MINUTES Consider approval of the minutes for the regular session meeting held on January 3, 2008. Director Sain moved to approve the resolution as submitted. Director Mahan seconded the motion. The vote follows: Ayes: Directors Allen, Brewer, Capetillo, Caskey, Guy, Mahan, Murray and Sain. Nays: None The motion carried. Page 2 of 4 Minutes of the Regular Session MOD - February 7, 2008 BUSINESS ITEMS Executive Session -Land Acquisition Temporary President Capetillo announced that the Board would recess into executive session to discuss land acquisition. The Board recessed into executive session at 4:36 p.m. President DonCarlos arrived at 4:50 p.m. The Board re- convened into open session at 5:20 p.m. with no action taken in executive session. Interlocal Agreement for Land Acquisition for new Thoroughfares. General Manager Brumback explained that the proposed resolution approved an interlocal agreement with the City of Baytown for right -of -way acquisition. The MDD has set aside funds since its original budget for the acquisition of right -of -way (ROW) for new thoroughfares and currently has a balance of $609,419. Over the years, these funds have been utilized for the acquisition of the East Baker Road ROW. There are thoroughfare projects pending that will likely require ROW acquisition. These properties and estimated values were discussed in executive session prior to consideration of this agenda item. This interlocal agreement with the City of Baytown will authorize the expenditure of up to $600,000 for ROW acquisition costs, including the cost of consultants for tasks such as survey, appraisal, legal documents, closing and condemnation (if required). General Manager Brumback recommended approval of the interlocal agreement. Director Capetillo moved that the interlocal agreement with the City of Baytown be approved. Director Guy seconded the motion. The vote was as follows: Ayes: Directors Allen, Brewer, Capetillo, Caskey, Guy, Mahan, Murray and Sain. President DonCarlos Nays: None The motion carried. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVLEOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF BAYTOWN FOR FUNDING FOR RIGHT -OF -WAY ACQUISITIONS; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED SIX HUNDRED THROUGHSAND AND NO 1100 DOLLARS ($600,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Interlocal Agreement with the City of Baytown for Raccoon Sidewalks General Manager Brumback explained that the interlocal agreement with the City of Baytown is to fund the construction of park connector sidewalks linking Parkwood and Bayou Oaks Estates subdivisions with J.C. Holloway Park and recommended approval of the interlocal agreement. Page 3 of 4 Minutes of the Regular Session MDD — February 7, 2008 Director Guy recommended that the interlocal agreement be approved. Director Mahan seconded the motion. The vote was as follows: Ayes: Directors Allen, Brewer, Capetillo, Caskey, Guy, Mahan, Murray and Sain. President DonCarlos Nays: None The motion carried. 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 THE CONSTRUCTIO FO THE PARK CONNECTOR SIDEWALKS ON THE WEST SIDE OF RACCOON DRIVE LINKING PARKWOOD AND BAYOU OAKS ESTATES SUBDIVISIONS WITH J.C. HOLLOWAY PARK; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED SEVENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($75,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Quarterly Report and Annual Work Plan for EDF General Manager Brumback introduced B.J. Simon from the Baytown -West Chambers County Economic Development Foundation. Mr. Simon gave a report on the activities and programs of the Foundation. No action was taken by the Board. Director Guy left the meeting at 5:40 p.m. Director Murray left the meting at 5:45 p.m. MANAGER'S REPORT Receive Monthly Sales Tax Report. Finance Director Rhonda Daugherty gave the sales tax report for the year -to -date as compared to the same time period the previous year. President DonCarlos pronounced the monthly sales tax report received. MDD- December 31, 2007 Investment Report Finance Director Rhonda Daugherty provided an investment report for the quarter ending December 31, 2007. The investments for the Municipal Development District comply with all laws pertaining to the investment of public funds. President DonCarlos pronounced the quarterly investment report received. Page 4 of 4 Minutes of the Regular Session MDD - February 7, 2008 Olk ADJOURN Director Capetillo made a motion to adjourn. Director Sain seconded the motion. The vote follows: Ayes: Directors Allen, Brewer, Capetillo, Caskey, Mahan, and Sain. President DonCarlos Nays: None The motion carried. There being no further business, President DonCarlos ad, ted the meenn at 5:55 p.m. Kelvin Kna terim A" t Secretary !^ J