2008 10 02 MDD MinutesW
MINUTES OF THE MEETING OF THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
October 2, 2008
Brandon Capetillo
Lynn A. Caskey, lI
Lisa Guy
Lena Yepez
Terry Sain
Ruben Linares
Stephen H. DonCarlos
Garrison C. Brumback
Ignacio Ramirez, Sr.
Lynette Rodriguez
Director
Director
Director
Director
Director
Director
President
General Manager
General Counsel
Assistant City Clerk
Directors Reggie Brewer, Kitty Allen, David McCartney, and Scott Sheley were absent.
4:35 P.M. President DonCarlos called the meeting to order with a quorum present.
1. MINUTES
a. Consider approval of the minutes of the September 4, 2008 regular meeting
of the Baytown Municipal Development District.
Motion was made by Director Sain, seconded by Director Guy approving the minutes
with corrections of the September 4, 2008 regular meeting of the Baytown Municipal
Development District.
Ayes: Directors: Capetillo, Caskey, Guy, Yepez, Sain, Linares and President
DonCarlos.
Nays: None.
The motion carried.
2. PROPOSED RESOLUTIONS
a. Resolution 118: Interlocal Agreement for the Transfer of Property
Considered Resolution 118 authorizing an Interlocal agreement with the City of Baytown
for the transfer of property on Texas Avenue.
Page 2 of 5
Minutes of the October 2, 2008 MDD Meeting
Resolution 118 authorizes an Interlocal agreement with the City of Baytown for the
transfer of property on Texas Avenue. Pursuant to the agreement, the MDD will convey
the property conveyed to it by Goose Creek Infill Housing 1; LTD, and the City will use
or lease the property as a theater, entertainment venue or other authorized development
project.
Motion was made by Director Caskey, seconded by Director Yepez approving Resolution
118.
Ayes: Directors: Capetillo, Caskey, Guy, Yepez, Sain, Linares and President
DonCarlos.
Nays: None.
The motion carried.
RESOLUTION NO. 118
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 THE
TRANSFER OF PROPERTY LOCATED ON TEXAS AVENUE TO
THE CITY FOR ONE OR MORE DEVELOPMENT PROJECTS;
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Resolution 119: Interlocal Agreement with the City of Baytown for
improvements at the Wayne Gray Sports Complex.
Approved Resolution 119 and Interlocal agreement with the City of Baytown for an
expenditure up to $125,000 for improvements at the Wayne Gray Sports Complex.
Several small projects including parking lot lighting on the East Road side of the Wayne
Gray Sports Complex and trails are included in this project. The Parks and Recreation
Department plans to relocate the Field G poles and lights to light the east side large
parking areas. Conduit was placed prior to the renovation of the parking lots in
anticipation of this project. Three poles with lights will be placed evenly in the area
between the parking lots and East Road. One pole will be placed by the north parking lot
on the East Road side. The lighting will face the park and will not impact the neighbors.
Replacement of approximately 500 feet of asphalt trail with 8 foot wide concrete trail will
also be included in the project.
Motion was made by Director Capetillo, seconded by Director Guy approving Resolution
119 with corrections.
Page 3 of 5
Minutes of the October 2, 2008 MDD Meeting
Ayes: Directors: Capetillo, Caskey, Guy, Yepez, Sain, Linares and President
DonCarlos.
Nays: None.
The motion carried.
RESOLUTION NO. 119
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
IMPROVEMENTS AT THE WAYNE GRAY SPORTS COMPLEX;
AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED ONE
HUNDRED TWENTY -FIVE THOUSAND NO /100 DOLLARS
($125,000.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Resolution 120: Interlocal Agreement with the Lee College District for the
Performing Arts Center/Impact Fees
Considered Resolution 120 authorizing an Interlocal agreement with the Lee College
District for the funding of impact fees for the Performing Arts Center.
Resolution 120 authorized an Interlocal agreement with the Lee College District for the
funding of impact fees for the performing arts center. Under the Agreement the MDD
agrees to pay the impact fees required by the City for the new performing arts center.
The amount to be paid shall not exceed $35,895.36 and shall be paid directly to the City
of Baytown. In exchange therefore, College agrees to construct a performing arts
center at 711 W. Texas Avenue, Baytown, Harris County, Texas. The performing arts
center shall be for use of the College and the community as a center of cultural and
artistic activities and a forum for the exchange of ideas within the boundaries of the
MDD and the surrounding communities.
Additionally, as partial consideration for the payment of the impact fees, the College
agrees to allow the MDD and the City of Baytown to use its parking facilities, including,
but not limited to, those located near or to adjacent Bicentennial Park and/or the Sterling
Municipal Library for events sponsored by the District and/or the City.'
Motion was made by Director Guy, seconded by Director Capetillo approving Resolution
120.
Ayes: Directors: Capetillo, Caskey, Guy, Yepez, Sain, Linares and President
DonCarlos.
Page 4 of 5 Minutes of the October 2, 2008 MDD Meeting
Nays: None.
The motion carried.
RESOLUTION NO. 120
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
AUTHORIZING THE PRESIDENT TO EXECUTE AN 1NTERLOCAL
AGREEMENT WITH THE LEE COLLEGE DISTRICT FOR FUNDING
OF IMPACT FEES FOR THE LEE COLLEGE DISTRICT'S MCNAIR
CAREER CENTER; AUTHORIZING PAYMENT OF A SUM NOT TO
EXCEED THIRTY -FIVE THOUSAND EIGHT HUNDRED NINETY -
FIVE AND 36/100 DOLLARS ($35,895.36); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Resolution 121: Earnest Money Contract
Considered Resolution 121 authorized an earnest money contract with Goose Creek Infill
Housing 1, LTD, for the transfer of property located on Texas Avenue.
Resolution 121 authorizes an earnest money contract with Goose Creek Infill Housing 1,
LTD ( "Goose Creek "), for the transfer of property located on Texas Avenue. In February
2007, the MDD amended its revolving loan program to include affordable housing
projects. Goose Creek was the first loan recipient under such program for a proposed
affordable housing project on Texas Avenue. Due to various circumstances, the project
will not advance and Goose Creek desires to convey the property to the MDD in full
cancellation and satisfaction of the MDD loan. The earnest money contract is continent
upon a satisfactory environmental site assessment and the Board's approval.
Motion was made by Director Sain, seconded by Director Guy approving Resolution 121.
Ayes: Directors: Capetillo, Caskey, Guy, Yepez, Sain, Linares and President
DonCarlos.
Nays: None.
The motion carried.
RESOLUTION NO. 121
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
Page 5 of 5
Minutes of the October 2, 2008 MOD Meeting
AUTHORIZING THE GENERAL MANAGER TO NEOGIATE AN
EARNEST MONEY CONTRACT WITH GOOSE CREEK INFILL
DEVELOPMENT 1. LTD, FOR PROPERTY LOCATED ON TEXAS
AVENUE; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
3. MANAGER'S REPORT
a. Monthly Sales Tax Report.
4. ADJOURN
Motion was made by Director Sain, seconded by Director Capetillo adjourning the
meeting.
Ayes: Directors: Capetillo, Caskey, Guy, Yepez, Sain, Linares and President
DonCarlos.
Nays: None.
The motion carried.
4:59 P.M. President DonCarlos adjourned the October 2, 2008 MOD meeting.
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