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.
RESOLUTION NO. 214
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 CITY OF BAYTOWN'S REQUIRED
MATCH FOR THE TABBS BAY CLEANUP PROJECT UNDER THE
GENERAL LAND OFFICE'S COASTAL MANAGEMENT PROGRAM;
AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED ONE
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MDD Board Regular Meeting Minutes
September 05, 2013
Page 5 of 8
($100,250.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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