2021 08 05 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
August 5, 2021
The Board of Directors of the Baytown Municipal Development District ("MDD") met in a
Regular Meeting on Thursday, August 5, 2021, at 4:30 P.M., in the Council Chamber of the
Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Chris Presley
Vice President
Laura Alvarado
Secretary
Mary Hernandez
Director
Charles Johnson
Director
Heather Betancourth
Director
Mike Lester
Director
Gary Englert
Director
Rick Davis General Manager
Karen Horner General Counsel
Angela Jackson Acting Assistant Secretary
Vice President Chris Presley convened the August 5, 2021, MDD Board Regular Meeting with a
quorum present at 4:33 P.M., all members were present with the exception of President Brandon
Capetillo, Director Suhey Rios -Alvarez, Director Jacob Powell, and Director David Jirrels who
were absent.
1. MINUTES
a. Consider approving the minutes of the :Municipal Development District Regular
Meeting held on July 1, 2021.
A motion was made by Secretary Laura Alvarado and seconded by Director Charles Johnson to
approve the meeting minutes of the Municipal Development District Regular Meeting held on July
1, 2021, as submitted. The vote was as follows:
Ayes: Vice President Chris Presley, Secretary Laura Alvarado, Director Charles Johnson,
Director Heather Betancourth, Director Mary Hernandez, Director Mike Lester,
and Director Gary Englert
Nays: None
Other: President Brandon Capetillo (Absent), Director Suhey Rios -Alvarez (Absent),
Director Jacob Powell (Absent) and Director David Jirrels (Absent)
Approved
MDD Board Regular Meeting Minutes
August 5, 2021
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2. BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FY 2021-22 PROPOSED
BUDGET
a. Conduct a resolution adopting the Baytown Municipal Development District Fiscal
Year 2021-22 Proposed Budget.
Assistant City Manager Nick Woolery presented the item and noted the two technical adjustments
that were made to the MDD Fiscal Year 2021-22 proposed budget from the previous meeting. The
first one being that they removed the Development Coordinator position and the associated
improvements to the Brunson building with a budget total of $200,000, which the amount was
then transferred into the Hotel and Convention budget item in order to assure they have enough
coverage for that project. Based on the feedback received at their previous meeting, Mr. Woolery
noted that the second technical adjustment consisted of staff removing the $350,000 from the
Perfect Trail budget line item and redistributing it with: 1) $50,000 added to park security, and 2)
$300,000 added to parking enhancements at the Wayne Gray Sports Complex.
In regards to some of the other items discussed at their July 1" meeting, Mr. Woolery noted that
they had funding available in the existing budget to cover consulting services from a third party in
regards to code issues for older buildings, and they are also able to cover some of the needed
renovations or enhancements to the Art League facility.
A motion was made by Director Charles Johnson and seconded by Director Mary Hernandez to
approve Resolution No. 418, related to Item 2.a. The vote was as follows:
Ayes: Vice President Chris Presley, Secretary Laura Alvarado, Director Charles Johnson,
Director Heather Betancourth, Director Mary Hernandez, Director Mike Lester,
and Director Gary Englert
Nays: None
Other: President Brandon Capetillo (Absent), Director Suhey Rios -Alvarez (Absent),
Director Jacob Powell (Absent) and Director David Jirrels (Absent)
Approved
RESOLUTION NO. 418
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT ADOPTING A BUDGET FOR TfIE
ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2021, AND ENDING
SEPTEMBER 30, 2022; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
3. REPORTS
MDD Board Regular Meeting Minutes
August 5, 2021
Page 3 of 5
a. Receive the Baytown Municipal Development District's Quarterly Financial and
Investment Reports for the Quarter Ending June 30, 2021.
Director of Finance Victor Brownlees provided a brief overview of the MDD's Quarterly Financial
and Investment Reports for the Quarter Ending June 30, 2021.
4. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Sections 551.071 of the
Texas Government Code to seek the advice of the District's attorneys on legal matters related
to the Baytown Hotel and Convention Center Project.
At 4:43 P.M. Vice President Presley recess and convened into executive session pursuant to
Sections 551.071 of the Texas Government Code to seek the advice of the District's attorneys on
legal matters related to the Baytown Hotel and Convention Center Project.
At 5:13 P.M., Vice President Presley reconvened the open meeting of the Baytown Municipal
Development District's Special Meeting and announced that in accordance with Section 551.102
of the Texas Open Meetings Act, no action was taken in the executive session.
5. PROPOSED RESOLUTION
a. Consider a resolution approving documents related to the issuance of bonds and the
Baytown Hotel and Convention Center Project, including a Preliminary Official Statement,
Ground Lease Agreement, City Facilities Unit Lease Agreement, Ilotel Services Agreement,
Amended and Restated Development Management Agreement, Booking Agreement, Asset
Management Agreement, Marina Site Parking Agreement, Design -Build Agreement,
Interlocal Agreement, Condominium Declaration, Cite Facilities Deed, Continuing
Disclosure Agreement, and Depository and Account Control Agreement.
A motion was made by Secretary Laura Alvarado and seconded by Director Heather Betancourth
to approve Resolution No. 419, related to Item 5.a. but there was further discussion before the
vote. City Attorney Karen Horner noted that they had removed the Depository and Account
Control Agreement at this time and will bring it back at a later date, if necessary.
The vote was as follows:
Ayes: Vice President Chris Presley, Secretary Laura Alvarado, Director Charles Johnson,
Director Heather Betancourth, Director Mary Hernandez, Director Mike Lester,
and Director Gary Englert
Nays: None
Other: President Brandon Capetillo (Absent), Director Suhey Rios -Alvarez (Absent),
Director Jacob Powell (Absent) and Director David Jirrels (Absent)
Approved
RESOLUTION NO. 419
MDD Board Regular Meeting Minutes
August 5, 2021
Page 4 of 5
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT APPROVING A PRELIMINARY
OFFICIAL STATEMENT, GROUND LEASE AGREEMENT, CITY
FACILITIES UNIT LEASE AGREEMENT, HOTEL SERVICES AGREEMENT,
AMENDED AND RESTATED DEVELOPMENT MANAGEMENT
AGREEMENT, BOOKING AGREEMENT, ASSET MANAGEMENT
AGREEMENT, MARINA SITE PARKING AGREEMENT, DESIGN -BUILD
AGREEMENT, INTERLOCAL AGREEMENT, CONDOMINIUM
DECLARATION, CITY FACILITIES DEED, AND CONTINUING
DISCLOSURE AGREEMENT RELATING TO THE BAYTOWN
CONVENTION CENTER HOTEL PROJECT; DELEGATING THE
AUTHORITY TO THE PRESIDENT OF THE DISTRICT TO EXECUTE
CERTAIN DOCUMENTS RELATED TO THE PROJECT; AND APPROVING
OTHER MATTERS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
6. ELECTION OF OFFICERS
a. Consider the election of officers for President, Vice President, and Secretary; and the
appointment of an Assistant Secretary.
A motion was made by Secretary Laura Alvarado to keep the same slate of officers as the previous
year, which were Brandon Capetillo as President, Chris Presley as Vice President, Laura Alvarado
as Secretary, and appoint the City Clerk as Assistant Secretary, to the Baytown Municipal
Development District for a one-year term to begin on September 1, 2021, and expire on August
31, 2022, which was then seconded by Director Heather Betancourth. The vote was as follows:
Ayes: Vice President Chris Presley, Secretary Laura Alvarado, Director Charles Johnson,
Director Heather Betancourth, Director Mary Hernandez, Director Mike Lester,
and Director Gary Englert
Nays: None
Other: President Brandon Capetillo (Absent), Director Suhey Rios -Alvarez (Absent),
Director Jacob Powell (Absent) and Director David Jirrels (Absent)
Approved
7. MANAGER'S REPORT
MDD Board Regular Meeting Minutes
August 5, 2021
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a. The next Baytown Municipal Development District meeting is scheduled for Thursday,
September 2, 2021, at 4:30 P.M., in the Council Chamber located at City Hall, 2401 Market
Street, Baytown, Texas, 77520.
General Manager Rick Davis noted that they may need to schedule a special meeting later in
August, prior to their next MDD regular meeting on September 2"d, to consider the Hotel Services
Agreements and other elements to push the project forward, and will have staff reach out to them
to check for their availability.
5. ADJOURN
With there being no further business to discuss, Vice President Presley adjourned the August 5,
2021, MDD Board Regular Meeting at 5:19 P.M.
Angela Ja son, Acting As is s Se
City of Baytown