2013 01 03 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
January 03, 2013
The Board of Directors of the Baytown Municipal Development District (MDD) met in a
Regular Meeting on Thursday, January 03, 2013, at 4:30 P.M., in the Council Chamber of the
Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Scott Sheley
Reggie Brewer
Brandon Capetillo
Mary Hernandez
Robert Hoskins
Dave Jirrels
Dec Anne Navarre
Mercedes Renteria
Terry Sain
Vice President
Secretary
Director
Director
Director
Director
Director
Director
Director
Robert D. Leiper General Manager
Ignacio Ramirez, Sr. General Counsel
Jason Cozza Deputy Assistant Secretary
Vice President Sheley convened the January 03, 2013, Municipal Development District
(MDD) Board Regular Meeting with a quorum present at 4:30 P.M., all members were present
with the exception of President DonCarlos and Director McCartney who were both absent and
Director Capetillo who arrived at 4:32 P.M.
1. MINUTES
a. Consider approving the minutes of the Baytown Municipal Development District
(MDD) Board Meeting held on November 01, 2012.
A motion was made by Director Robert C. Hoskins and seconded by Director Mary Hernandez
approving the November 01, 2012, MDD Board Regular Meeting Minutes. The vote was as
follows:
Ayes: Secretary Reggie Brewer, Director Mary Hernandez, Director Robert C.
Hoskins, Director David P. Jirrels, Director Dee Anne Navarre, Director
Mercedes Renteria 111, Director Terry Sain, Vice President Scott Sheley
Nays: None
Other: Director Brandon Capetillo (Not Present for Vote), President Stephen H.
DonCarlos (Absent), Director David McCartney (Absent)
Approved
MDD Regular Meeting Minutes
January 03, 2013
Page 2 of 5
2. PROPOSED RESOLUTIONS
a. Consider a resolution approving the Baytown Municipal Development District's
(MDD) Investment Policy and Strategy Statement in accordance with the Public Funds
Investment Act.
General Manager Leiper presented the agenda item and stated that the Baytown Municipal
Development District's (MDD) Investment Policy and Strategy Statement were being submitted
for annual review and approval in accordance with the Public Funds Investment Act Section
2256 -005 (e). Additionally, he stated that no changes were recommended at this time.
A motion was made by Secretary Reggie Brewer and seconded by Director Robert C. Hoskins
approving Resolution No. 199. The vote was as follows:
Ayes: Secretary Reggie Brewer, Director Mary Hernandez, Director Robert C.
Hoskins, Director David P. Jirrels, Director Dee Anne Navarre, Director
Mercedes Renteria III, Director Terry Sain, Vice President Scott Sheley
Nays: None
Other: Director Brandon Capetillo (Not Present for Vote), President Stephen H.
DonCarlos (Absent), Director David McCartney (Absent)
Approved
RESOLUTION NO. 199
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT ADOPTING THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT'S INVESTMENT POLICY AND
INVESTMENT STRATEGY IN ACCORDANCE WITH THE PUBLIC FUNDS
INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider a resolution authorizing an interlocal agreement with the City
of Baytown for funding a development project to be located at 650 W. Texas Avenue.
General Manager Leiper presented the agenda item and stated that Resolution No. 200 authorizes
an interlocal agreement with the City of Baytown (the "City ") for funding a development project
to be located at 650 West Texas Avenue. He stated that specifically, GCIH 1 proposes to build a
1650 square foot commercial development and related parking. General Manager Leiper stated
that Mr. Presley executed a 380 Agreement with the City for the construction of this project
which is contingent upon funding from the MDD.
General Manager Leiper stated that Resolution No. 200 authorizes an agreement whereby MDD
will fund up to $40,000 for the project described in the Chapter 380 Economic Development
agreement recently approved by City Council and the City will administer the project
and provide two $20,000 grants: the first given when GCIH 1 obtains a certificate of completion
MDD Regular Meeting Minutes
January 03, 2013
Page 3 of 5
for the shell structure and the second given when GCIH 1 leases out more than 50% of the space
for at least a two -year period.
General Manager Leiper stated that not as a part of this agreement, but a portion of the property
is being taken out that Mr. Presley is already in a purchasing agreement with the City for. He
stated that Mr. Presley submitted a payment of $40,000 that will be a cash bond for that specific
property to be retained if he does not fulfill the 380 agreement. He stated that if the 380
agreement terms are fulfilled, with a timeframe of one year for the building to be complete, the
$40,000 would be returned to Mr. Presley. General Manager Leiper stated that Mr. Presley is
meeting all of the requirements of the 380 agreement and recommend approval.
A motion was made by Secretary Reggie Brewer and seconded by Director Mercedes Renteria
III approving Resolution No. 200.The vote was as follows:
Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, Director Mary
Hernandez, Director Robert C. Hoskins, Director David P. Jirrels, Director
Dee Anne Navarre, Director Mercedes Renteria III, Director Terry Sain,
Vice President Scott Sheley
Nays: None
Other: President Stephen H. DonCarlos (Absent), Director David McCartney
(Absent)
Approved
RESOLUTION NO. 200
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 A DEVELOPMENT PROJECT TO BE
LOCATED AT 650 W. TEXAS AVENUE; AUTHORIZING PAYMENT OF AN
AMOUNT NOT TO EXCEED FORTY THOUSAND AND NO /100 DOLLARS
($40,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider a resolution authorizing an interlocal agreement with the City of Baytown
for funding economic development grants and an economic development loan with KIWI
Golf LLC through the City of Baytown.
General Manager Leiper introduced the agenda item. Ms. Judy DuBose presented the
presentation regarding KIWI GOLF and stated that the company manufactures golf tees and 29
other products that are in the patent stage. She stated that they are currently manufacturing in
China, but are proposing to start a manufacturing operation in Baytown along with the proposed
headquarters. She stated that the golf tee, namely called the firecracker tee, is patented and was
tested by the number one golf testing company in the United States, GolfTest USA, and received
MDD Regular Meeting Minutes
January 03, 2013
Page 4 of 5
positive recommendations. Ms. DuBose stated that they would start the business in Baytown
with a warehouse distribution operation with plans to break ground on the new building during
the fourth quarter of 2013 with the expected expansion as needed and based on product demands.
She stated that their plan includes a community outreach program in their budget to support the
local community golf programs and that Mr. Glenn Bowen, Founder of KIWI GOLF LLC,
established a requirement to have all local employees to live locally in Baytown.
Mr. Bowen stated for clarity that they would continue to manufacturer the tees in China for the
Asian market.
General Manager Leiper stated the City established a location for the construction of the
company's warehouse on Market Street
A motion was made by Director Robert C. Hoskins and seconded by Director Mercedes Renteria
III approving Resolution No. 201. The vote was as follows:
Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, Director Mary
Hernandez, Director Robert C. Hoskins, Director David P. Jirrels, Director
Dee Anne Navarre, Director Mercedes Renteria III, Director Terry Sain,
Vice President Scott Sheley
Nays: None
Other: President Stephen H. DonCarlos (Absent), Director David McCartney
(Absent)
Approved
RESOLUTION NO. 201
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 ECONOMIC DEVELOPMENT GRANTS AND
AN ECONOMIC DEVELOPMENT LOAN FOR KIWI GOLF LLC;
AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED ONE
HUNDRED NINETY THOUSAND AND NO /100 DOLLARS ($190,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
3. REPORTS
a. Receive the Baytown Municipal Development District's Revenues and Expenditures
Report for the Quarter Ending December 31, 2012.
b. Receive the Baytown Municipal Development District's Quarterly Investment
Report for the Quarter Ending December 31, 2012.
MDD Regular Meeting Minutes
January 03, 2013
Page 5 of 5
Ms. Louise Richman, Finance Director, presented the Baytown Municipal Development
District's Revenues and Expenditures Report for the First Quarter ending December 31, 2012
and stated that the sales tax continues to be strong. Additionally, she stated that the Premier
Cinema paid off its loan in the amount of $33,000.
Ms. Richman presented the Baytown Municipal Development District's Quarterly Investment
Report for the Quarter Ending December 31, 2012 and stated that December balance was at $6.9
million.
a. The next Baytown Municipal Development District Meeting is scheduled for
Thursday, February 07, 20137 at 4:30 P.M. in the City Council Chamber, City Hall, located
at 2401 Market Street, Baytown, Texas, 77520.
General Manager Leiper stated that Baytown Municipal Development District Meeting is
scheduled for Thursday, February 07, 2013, at 4:30 P.M. in the City Council Chamber.
5. ADJOURN
A motion was made by Director Terry Sam and seconded by Director Robert C. Hoskins
adjourning the January 03, 2013, MDD Board Regular Meeting. The vote was as follows:
Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, Director Mary
Hernandez, Director Robert C. Hoskins, Director David P. Jirrels, Director
Dee Anne Navarre, Director Mercedes Renteria III, Director Terry Sain,
Vice President Scott Sheley
Nays: None
Other: President Stephen H. DonCarlos (Absent), Director David McCartney
(Absent)
Approved
With there being no further business to discuss, Vice President Sheley adjourned the January 03,
2013, Municipal Development District (MDD) Board Regular Meeting at 5:13 P.M.