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2008 04 03 MDD MinutesMINUTES OF THE SPECIAL MEETING OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT April 3, 2008 — 4:30 P.M. The Board of Directors of the Baytown Municipal Development District met on April 3, 2008, at 4:30 p.m. in the Council Chambers at 2401 Market Street, Baytown, Hams County, Texas with the following in attendance: Stephen DonCarlos President Brandon Capetillo Director Don Murray Director Reggie Brewer Director Lynn Caskey Director Sammy Mahan Director Garry Brumback General Manager Ignacio Ramirez, Sr. General Counsel Kelvin Knauf Interim Assistant Secretary Directors Terry Sain, Lisa Guy, Lena Yepez, Kitty Allen and Scott Sheley were absent. President DonCarlos called the meeting to order at 4:30 p.m. MINUTES Consider approval of the minutes for the regular session meeting held on February 7, 2008. Director Mahan moved to approve the minutes with a change to reflect that February 7, 2008 was a regular meeting instead of a special meeting. Director Murray seconded the motion. The vote was as follows: Ayes: Directors Capetillo, Murray, Brewer, Caskey and Mahan. President DonCarlos Nays: None The motion carried. BUSINESS ITEMS Interlocal Agreement with City of Baytown for the North Main /Alexander Traffic Signal Synchronization Project. General Manager Garry Brumback summarized the agenda item and recommended approval. The proposed resolution authorizes an Agreement for Funding of the North Page 2 of 4 Minutes of the Regular Session MDD -April 3, 2008 Main/Alexander Traffic Signal Synchronization Project with the City of Baytown. Pursuant to the proposed agreement, the MDD will provide $200,000.00 toward the synchronization of the following signalized intersections: 1. North Main & Cedar Bayou Lynchburg 2. North Main & Baker 3. North Main & Massey Tompkins/Rollingbrook 4. North Main & Y.M.C.A. 5. North Main & Bob Smith 6. North Main & Midway /Harold 7. North Main & S.H. 146 8. North Main & Cedar Bayou 9. North Main & Park 10. North Main & Williams 11. North Main &Ward 12. North Main & Fayle 13. North Main & James 14. North Main & Sterling 15. North Main & Defee 16. North Main & Texas 17. Alexander & McKinney 18. Alexander & S.H. 146 19. Alexander &Cedar Bayou 20. Alexander & James Bowie 21. Alexander & Lacy 22. Alexander & Ward 23. Alexander & Fayle 24. Alexander & James 25. Alexander & Defee 26. Alexander & Texas Once this Agreement is executed, the City will enter into an advanced funding agreement with the State, which, through the Texas Transportation Commission, awarded funding for this project as part of its Statewide Mobility Program. The projected budget for the Project is $1,000,000; however, the City will be responsible for all overruns and must pay its 20% share of the projected budget prior to the performance of any engineering review work by the State. Staff is also working with TxDOT to raise the overall project funding above the $1,000,000 originally earmarked. If successful, additional advance funding will be required. This project has been previously funded by the Board. Director Mahan asked if the project had been done before. Director Murray asked if the project had been funded through HGAC. Director Murray asked if Klotz and Associates were doing the work. Staff will research the questions and provide an answer. The consensus was to go ahead with the project subject to researching if the funds are available. Staff will get the Board a full accounting of the funds. President DonCarlos Page 3 of 4 Minutes of the Regular Session MDD -April 3, 2008 said that the Board has been discussing since the 1990s about synchronization of Garth, N. Main and Alexander and encouraged it to go forward. Director Mahan moved that the resolution be approved. Director Capetillo seconded the motion. The vote was as follows: Ayes: Directors Capetillo, Murray, Brewer, Caskey and Mahan. President DonCarlos Nays: None The motion carried. Consider a resolution adopting an attendance policy for Board Members and the District's committees, board and commissions. General Manager Garry Brumback summarized the item. The proposed attendance policy is the same policy as the City has adopted and requesting each board to adopt. The proposed resolution adopts an attendance policy for members of the Board of Directors of the District as well as members of the District's committees, boards and commissions. The attendance policy mirrors that which was adopted by the City Council on February 14, 2008, for persons appointed to boards and commissions, committees and task forces of the City. The proposed resolution provides that members of the Board of Directors and members of committees, boards and commissions appointed by the Board of Directors are allowed the following absences during a 12 -month period: Number of Meetings of the Board per Month Number of Allowable Meeting Absences 1 4 Less Than 1 3 More than 1 5 Absences in excess of the number stated above may result in removal from the Board of Directors or from a commission, board or committee of the District by the General Manager upon confirmation of the President. This policy enforces the expectation of the City Council as well as the Board of Directors when appointing persons to serve -- namely that they arrange their schedules to make most, if not all, of the scheduled meetings. Director Brewer moved that the resolution be adopted. Director Mahan seconded the motion. The vote was as follows: Ayes: Directors Capetillo, Murray, Brewer, Caskey and Mahan. President DonCarlos Nays: None The motion carried. Page 4 of 4 Minutes of the Regular Session MDD -April 3, 2008 !^ MANAGER'S REPORT Receive the monthly sales tax report. Andrea Denton, Assistant Finance Director, gave the monthly sales tax report. She stated that sales tax collections for the Municipal Development District are down about 7% for the same month last year but still above last year overall. ADJOURN Director Caskey made a motion to adjourn. Director Mahan seconded the motion. The vote was as follows: Ayes: Directors Capetillo, Murray, Brewer, Caskey and Mahan. President DonCarlos Nays: None The motion carried. There being no further business, the meeting adjo r ed at 4:46 p.m. tauf- Iaterinr ssistant Secrctary_ !r