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2008 08 07 MDD MinutesMINUTES OF THE MEETING OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT August 7, 2008 Brandon Capetillo Director Lynn A. Caskey, II Director Lisa Guy Director Ruben Linares Director David McCartney Director Terry Sain Director Scott Sheley Director Lena Yepez Director Stephen H. DonCarlos President Garrison C. Brumback General Manager Ignacio Ramirez, Sr. General Counsel Kaythie Darnell Assistant Secretary Directors Kitty Allen and Reggie Brewer were absent. With a quorum present, President DonCarlos called the meeting to order at 4:33 P.M. 1. MINUTES a. Consider approval of the minutes of the August 7, 2008 regular meeting of the Baytown Municipal Development District. Director Sain made a motion, seconded by Director Caskey approving the minutes of the August 7, 2008 regular meeting of the Baytown Municipal Development District. Ayes: Directors: Capetillo, Caskey, Guy, Linares, McCartney, Sain, Sheley, Yepez and President DonCarlos. Nayes: None. The motion carried. 2. BUSINESS ITEMS a. Considered the election of officers: President, Vice - President, Secretary, and Assistant Secretary. Director Sain made a motion, seconded by Director Capetillo to nominate Director Caskey for Vice-President. Ayes: Directors: Capetillo, Caskey, Guy, Linares, McCartney, Sain, Sheley, Yepez and President DonCarlos. Nayes: None. Page 2 of 5 Minutes of the August 7, 2008 MDD Meeting The motion carried. Director Caskey made a motion, seconded by Director Sain to nominate Director McCartney as Secretary. Ayes: Directors: Capetillo, Caskey, Guy, Linares, McCartney, Sain, Sheley, Yepez and President DonCarlos. Nayes: None. The motion carried. Director Caskey made a motion, seconded by Director Capetillo to nominate the City Clerk as the Assistant Secretary. Ayes: Directors: Capetillo, Caskey, Guy, Linares, McCartney, Sain, Sheley, Yepez and President DonCarlos. Nayes: None. The motion carried. Director Capetillo made a motion, seconded by Director Caskey to nominate President DonCarlos as President. Ayes: Directors: Capetillo, Caskey, Guy, Linares, McCartney, Sain, Sheley, Yepez and President DonCarlos. Nayes: None. The motion carried. b. Conducted the Public Hearing regarding the proposed 2008 -2009 Fiscal Year Budget. 4:35 P.M. President DonCarlos opened the public hearing. Garry Brumback summarized the 2008 -2009 MDD Fiscal Year Budget. There were no citizens signed up to speak. 4:53 P.M. President DonCarlos closed the public hearing. 3. RESOLUTIONS a. Resolution 112 as amended adopting the 2008 -2009 Fiscal Year Budget. Director Guy made a motion, seconded by Director Sheley approving Resolution 112 and adopting the amended 2008 -2009 Fiscal Year Budget. Page 3 of 5 Minutes of the August 7, 2008 MDD Meeting Ayes: Directors: Capetillo, Caskey, Guy, Linares, McCartney, Sain, Sheley, Yepez and President DonCarlos. Nayes: None. The motion carried. RESOLUTION 112 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Considered Resolution 113 authorizing an amendment to the contract between the Baytown Area/West Chambers County Economic Development Foundation and the Municipal Development District for the Economic Development Special Services Contract. Director Capetillo made a motion, seconded by Director Guy approving Resolution 113. Ayes: Directors: Capetillo, Caskey, Guy, Linares, McCartney, Sain, Sheley, Yepez and President DonCarlos. Nayes: None. The motion carried. RESOLUTION 113 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE THE FIRST AMENDMENT TO THE ECONOMIC DEVELOPMENT SPECIAL SERVICES CONTRACT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Considered Resolution 114 authorizing an Interlocal Agreement with the City of Baytown for funding of youth sports league improvements projects. Director Capetillo made a motion, seconded by Director.Guy approving Resolution 114. Ayes: Directors: Capetillo, Caskey, Guy, Linares, McCartney, Sain, Sheley, Yepez and President DonCarlos. Nayes: None. The motion carried. Page 4 of 5 Minutes of the August 7, 2008 MDD Meeting RESOLUTION 114 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 DISTRICT'S 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. DISCUSSION 4a. Visual Arts Center — Director Sheley. Discussed the possibility of the Visual Arts Center requesting $25,000.00 for the purpose of applying to the Downtown Fagade Grant Program. 5. CONSENT Director Sheley made a motion, seconded by Director Guy ratifying agenda items 5.a., 5.b. and 5.c. Ayes: Directors: Capetillo, Caskey, Guy, Linares, McCartney, Sain, Sheley, Yepez and President DonCarlos. Nayes: None. The motion carried. a. Minutes — City Clerk Considered approval of the minutes of the April 3, 2008. b. Considered Resolution 115 authorizing an Interlocal Agreement with the City of Baytown for upsizing a water line installation on North Main Water Street. RESOLUTION 115 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 NORTH MAIN WATER LINE UPSIZING PROJECT; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED TWO HUNDRED TWENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($225,000.000); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 5 Minutes of the August 7, 2008 MDD Meeting C. Considered Resolution 116 authorizing an Interlocal Agreement with the City of r Baytown for the acquisition of property for an art exhibition facility. RESOLUTION 116 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 ACQUISITION OF PROPERTY FOR A DEVELOPMENT PROJECT; 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. 6. MANAGER'S REPORT Received the Monthly sales tax report. 1 1110]11:40 Director Sam made a motion, seconded by Director Caskey to adjourn the meeting. Ayes: Directors: Capetillo, Caskey, Guy, Linares, McCartney, Sain, Sheley, Yepez and President DonCarlos. Noyes: None. The motion carried. 5:55 P.M. President DonCarlos adjourned the meeting. Ka smell, Assistant Secretary ..6pVTow opk