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2013 09 05 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT September 05, 2013 The Board of Directors of the Baytown Municipal Development District (MDD) met in a Regular Meeting on September 05, 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: Stephen DonCarlos Scott Sheley Reggie Brewer Brandon Capetillo Gary Englert Mary Hernandez Robert Hoskins Dave Jirrels David McCartney Mercedes Renteria Terry Sain President Vice President Secretary Director Director Director Director Director Director Director Director Robert D. Leiper General Manager Ignacio Ramirez, Sr. General Counsel Leticia Brysch Assistant Secretary President DonCarlos convened the September 05, 2013, Municipal Development District (MDD) Board Regular Meeting with a quorum present at 4:30 P.M., all members were present. MINUTES a. Consider approving the minutes of the Baytown Municipal Development District (MDD) Board Regular Meeting held on August 01, 2013. A motion was made by Director Terry Sain and seconded by Director David McCartney approving the August 01, 2013, MDD Board Regular Meeting minutes. The vote was as follows: Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, President Stephen H. DonCarlos, Director Gary Englert, Director Mary Hernandez, Director Robert C. Hoskins, Director David P. Jirrels, Director David McCartney, Director Mercedes Renteria 111, Director Terry Sain, Vice President Scott Sheley Nays: None Approved MDD Board Regular Meeting Minutes September 05, 2013 Page 2 of S 2. PROPOSED RESOLUTIONS a. This proposed resolution accepts the benefits of the Overpayment of Local Tax Resolution Agreement between the City of Baytown and ExxonMobll Corporation. General Manager Leiper stated that ExxonMobil over - remitted sales and use tax to the City of Baytown, the Baytown Municipal Development District, the Baytown Crime Control and Prevention District and the Baytown Fire Control, Prevention and Emergency Medical Services District between January I, 2010, and August 31, 2012, concerning its Baytown Olefins Plant. The City and ExxonMobil have agreed to settle the sales not overpayment for the amount of $1,200,000 which is less than would be owed if the tax overpayment was processed through the State Comptroller's office. Under this agreement, the City shall pay such amount by September 30, 2013, in exchange for a full and final release of the City and the Baytown Municipal Development District, the Baytown Crime Control and Prevention District and the Baytown Fire Control, Prevention and Emergency Medical Services District for such overpayment. He stated that the payment will be made from reserves in the City's current fiscal year and will cover the overpayments made to the other entities CCPD. FCPEMSD, MDD and SMST fund. Under the agreement, the District is a third party beneficiary, is released from liability for the sales and use overpayment made by ExxonMobil, and is entitled enforce the terms of the agreement. A motion was made by Director David McCartney and seconded by Secretary Reggie Brewer approving the Resolution No. 212. The vote was as follows: Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, President Stephen H. DonCarlos, Director Gary Englert, Director Mary Hernandez, Director Robert C. Hoskins, Director David P. Jirrels, Director David McCartney, Director Mercedes Renteria III, Director Terry Sain, Vice President Scott Sheley Nays: None Approved RESOLUTION NO. 212 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE THE OVERPAYMENT OF LOCAL TAX RESOLUTION AGREEMENT BETWEEN THE CITY OF BAYTOWN AND EXXON MOBIL CORPORATION AS A THIRD PARTY BENEFICIARY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. MDD Board Regular Meeting Minutes September 05, 2013 Page 3 of 8 3. CONSENT All Consent Agenda items listed are considered to be routine by the District and will be enacted by one motion. There will be no separate discussion of these items unless a Board Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A motion was made by Director David McCartney and seconded by Director David P. Arrels approving the consent agenda items 3.a. through 3.n. The vote was as follows: Ayes: Secretary Reggie Brewer, Director Brandon Capetillo, President Stephen H. DonCarlos, Director Gary Englert, Director Mary Hemandez, Director Robert C. Hoskins, Director David P. Jirrels, Director David McCartney, Director Mercedes Renteria III, Director Terry Sain, Vice President Scott Sheley Nays: None Approved a. Consider a resolution authorizing an interlocal agreement with the City of Baytown for improvements at the Wayne Gray Sports Complex. RESOLUTION NO. 213 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 AN AMOUNT NOT TO EXCEED FIFTYTHOUSAND AND NO /100 DOLLARS ($50,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider a resolution authorizing an interlocal agreement with the City of Baytown for the City of Baytown to continue the cleanup of Tablas Bay. 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E Consider a resolution authorizing an interlocal agreement with the City of Baytown for sandblasting and painting the Roseland Park Locomotive #895. RESOLUTION NO. 218 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 SANDBLASTING AND PAINTING OF ROSELAND PARK LOCOMOTIVE #895; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED FIFTY -NINE THOUSAND EIGHT HUNDRED FIFTY AND NO /100 DOLLARS ($59,850.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution authorizing an interlocal agreement with the City of Baytown for improvements to Jenkins and Holloway Parks. RESOLUTION NO. 219 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 JENKINS AND HOLLAWAY PARKS; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED NINETY -EIGHT THOUSAND SIX HUNDRED THIRTY -TWO AND NO /100 DOLLARS ($98,632.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider a resolution authorizing an interlocal agreement with the City of Baytown for improvements to Youth Sports League facilities. RESOLUTION NO. 220 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 TO THE YOUTH SPORTS LEAGUE FACILITIES; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTEEN THOUSAND ONE HUNDRED EIGHTY -SIX AND NO /100 DOLLARS ($113,186.00); MDD Board Regular Meeting Minutes September 05, 2013 Page 6 of 8 MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider a resolution authorizing an interlocal agreement with the City of Baytown for expenditures of up to $500,000 for the extension of the Goose Creek Trail Phases V & VI. RESOLUTION NO. 221 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 EXTENSION OF THE GOOSE CREEK TRAIL PHASES V & VI; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND AND NO /100 DOLLARS ($500,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider a resolution authorizing an interlocal agreement with the City of Baytown for trail improvements at Goose Creek Park. RESOLUTION NO. 222 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 TRAIL IMPROVEMENTS AT GOOSE CREEK PARK; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED FIFTY -TWO THOUSAND SEVEN HUNDRED FIFTEEN AND NO /100 DOLLARS ($52,715.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider a resolution authorizing an interlocal agreement with the City of Baytown for the construction of picnic shelters at Pelly Park and Central Little League Park. RESOLUTION NO. 223 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 CONSTRUCTION OF PICNIC SHELTERS AT PELLY PARK AND CENTRAL LITTLE EAGUE PARK; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED TWENTY - FIVE THOUSAND AND N01100 DOLLARS ($25,000.00); MAKING OTHER PROVISIONS RELATED THERETO;. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. MDD Board Regular Meeting Minutes September 05, 2013 Page 7 of 8 I. Consider a resolution authorizing an interlocal agreement with the City of Baytown for the installation of a Kayak Launch at the Eddie V. Gray Wetlands Education and Recreation Center. RESOLUTION NO. 224 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 INSTALLATION OF A KAYAK LAUNCH AT THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. M. Consider a resolution authorizing an interlocal agreement with the City of Baytown for improvements at Allenbrook Park. RESOLUTION NO. 225 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 ALLENBROOK PARK; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED ONE HUNDRED ELEVEN THOUSAND NINE HUNDRED SIXTY AND NO /100 DOLLARS ($111,960.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider a resolution authorizing an interlocal agreement with the City of Baytown for the design and construction of a second City Gateway Monument. RESOLUTION NO. 226 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 DESIGN AND CONSTRUCTION OF A SECOND CITY GATEWAY MONUMENT; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS ($350,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. MDD Board Regular Meeting Minutes September 05, 2013 Page g of S 4. MANAGER'S REPORT General Manager Leiper stated that a ribbon cutting ceremony for the City of Baytown gateway project would be held today at 6:00 P.M. He invited the MDD board to the ceremony. 5. ADJOURN With there being no further business to discuss, President DonCarlos adjourned the September 05, 2013, Municipal Development District (MDD) Board Regular Meeting at 4:36 P.M. r LL Leticia Brysch, Assistant Se tary mi O City of Baytown