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2011 11 03 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT November 03, 2011 The Board of Directors of the Baytown Municipal Development District (MDD) met in a Regular Meeting on Thursday, November 03, 2011, at 5:13 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Scott Sheley David McCartney Brandon Capetillo Robert Hoskins Mercedes Renteria Terry Sain Vice President Director Director Director Director Director Kevin Troller Assistant General Manager Ignacio Ramirez, Sr. General Counsel Jason Cozza Deputy Assistant Secretary Vice President Sheley convened the November 03, 2011, Municipal Development District (MDD) Board Regular Meeting with a quorum present at 5:13 P.M., all members were present with the exception of President Stephen DonCarlos, Directors Brewer, Hernandez, Linares, and Navarre who were absent. 1. MINUTES Assistant General Manager recommended that items La., l.b., and I.e. be considered together. a. Consider Approving the Minutes of the Municipal Development District (MDD) Board Regular Meeting held on August 04, 2011 - Assistant Secretary. b. Consider Approving the Minutes of the Municipal Development District (MDD) Board Regular Meeting held on September 01, 2011- Assistant Secretary. C. Consider Approving the Minutes of the Municipal Development District (MDD) Board Special Meeting held on September 08, 2011- Assistant Secretary. A motion was made by Director Terry Sain and seconded by Director Mercedes Renteria III approving the August 04, 2011 Regular Meeting, the September 01, 2011 Regular Meeting and the September 08, 2011 Special Meeting. The vote was as follows: Ayes: Director Brandon Capetillo, Director Robert C. Hoskins, Director David McCartney, Director Mercedes Renteria III, Director Terry Sain, Vice President Scott Sheley Nays: None Other: President Stephen DonCarlos (Absent), Director Reggie Brewer (Absent), Director Mary Hernandez (Absent), Director Ruben Linares (Absent), and Director DeeAnne Navarre (Absent) Approved 2. PROPOSED RESOLUTIONS a. Consider Authorizing an Interlocal Agreement with the City of Baytown for the Kilgore Parkway Waterline Project - Administration. Assistant General Manager Troller presented the agenda item and stated that Resolution No. 175 authorizes an interlocal agreement with the City of Baytown for the Kilgore Parkway Waterline Project in an amount not to exceed $300,000. He stated that the project has a fixed cost of $280,000 with $20,000 for a buffer or potential change order. This agreement will provide funding for the upsizing of a waterline along Kilgore Parkway. Specifically, the diameter of the waterline to be constructed along the right -of- way of Kilgore Parkway east from State Highway 146 to the Grand Parkway will be upsized from a twelve -inch line to a sixteen -inch line. Chambers County Improvement District No. 3 ( "CCID ") will construct the project, which is expected to be completed within one hundred fifty (150) calendar days of CCID's awarding the contract. The Baytown City Council approved this project at the October 11, 2011 meeting and, if this item is approved by the MDD, will consider this interlocal agreement at its November 10th meeting. Council Member Renteria stated for the record that Council didn't want a buffer or change order and if they can keep it where it is that's where Council wants to be. A motion was made by Director Terry Sain and seconded by Director David McCartney approving Resolution No. 175. The vote was as follows: Ayes: Director Brandon Capetillo, Director Robert C. Hoskins, Director David McCartney, Director Mercedes Renteria III, Director Terry Sain, Vice President Scott Sheley Nays: None Other: President Stephen DonCarlos (Absent), Director Reggie Brewer (Absent), Director Mary Hernandez (Absent), Director Ruben Linares (Absent), and Director DeeAnne Navarre (Absent) Approved RESOLUTION NO. 175 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 KILGORE PARKWAY WATERLINE PROJECT; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND AND NO /100 DOLLARS ($300,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. REPORTS a. Receive MDD Revenue and Expenditure Report for the Quarter Ending September 30, 2011- Finance. Finance Director Louise Richman presented the update on the Baytown Municipal Development District's revenues and expenditures for the Quarter Ending September 30, 2011 and stated that August sales tax is $388,000 and September sales tax will come in within the next week and both months will show on the audited financial statements. Ms. Richman stated that in regards to the period receipt, the $602,000 input was a correcting journal entry, which while in an effort of combining the debt services and expenditures, someone made an incorrect entry and it should have gone to the balance sheet rather than to the revenue but she stated that everything balanced out. Ms. Richman indicated that another item in the revenue report was the Department of Transportation, Gene Green Grant. In regards to the expenditures, all projects were still within the available balance and on budget. b. Receive MDD Quarterly Investment Report for Quarter Ending September 30,2011 - Finance. Ms. Richman presented the Baytown Municipal Development District's Quarterly Investment Report for the Quarter Ending September 30, 2011 and stated that the investments are at $4.8 million. 4. MANAGER'S REPORT a. 2011 Water Park Report - Parks and Recreation Assistant General Manager Troller presented the agenda item for the City of Baytown Parks and Recreation 2011 Water Park Report. He stated that it is the same report that was presented at Council and being that all the present MUD members were present for that report, he stated that no report now was necessary. 5. ADJOURN A motion was made by Director David McCartney and seconded by Director Terry Sain adjourning the November 03, 2011, Regular Meeting. The vote was as follows: Ayes: Director Brandon Capetillo, Director Robert C. Hoskins, Director David McCartney, Director Mercedes Renteria Ill, Director Terry Sain, Vice President Scott Sheley Nays: None Other: President Stephen DonCarlos (Absent), Director Reggie Brewer (Absent), Director Mary Hernandez (Absent), Director Ruben Linares (Absent), and Director DeeAnne Navarre (Absent) Approved With there being no further business to discuss, Vice President Sheley adjourned the November 03, 2011, Municipal Development District (MDD) Board Regular Meeting at 5:20 P.M. Leticia Brysch, Sy '. tah /B1 City of Baytown ��4yry