Harris County Municipal Management District #1 Board of Directors met May 18

Harris County Municipal Management District #1 Board of Directors met May 18.

Here are the minutes provided by the board:

The Board of Directors (the “Board”) of Harris County Municipal Management District No. 1 (Memorial Management District) (the “District”) met in regular session, open to the public, at 920 Memorial City Way, Suite 170, Houston, Texas, inside the boundaries of the District, and the roll was called of the members of the Board: 

Ben Gillis President

Robert Williamson Vice President

Dan Moody, III Secretary

Ben Pisklak Assistant Secretary

Steven Goss Director

William M. Mosley Director

Perry Hicks Director

C. Beau Harrison Director

Alan Steinberg Director

Kirk Guilanshah Director 

and all of the above were present, except Director Goss, thus constituting a quorum. 

Also attending the meeting were: Gabrielle Luevano, Interim Executive Director of the District; Pat Hall of Equi-Tax, Inc. ("Equi-Tax"); Terri Shepherd of McCall Gibson Swedlund Barfoot PLLC; Jerome Vanderburg of Lawn Management Company; Sergeant Chris Sheffield of Harris County Precinct 5 Constable's Office; Christian Johnson and Marlene Gafrick of MetroNational Corporation ("MetroNational"); and Suewan Johnson and Carnell Emanuel of Allen Boone Humphries Robinson LLP. 

Call Meeting to Order 

Having established that a quorum of the Board was present, Director Gillis called the meeting to order at 9:30 am. 

Public Comments 

Director Gillis offered any members of the public attending the meeting the opportunity to make public comment. There being no members of the public requesting to make comments, Director Gillis moved to the next agenda item. 

Director Matters 

Director Gillis informed the Board of Charles DeLacey's retirement from MetroNational and his resignation from the Board. He then introduced Mr. Christian Johnson, Project Manager at MetroNational, who is interested in and qualified to serve on the Board. Following discussion, Director Moody moved to: (1) accept the resignation of Charles DeLacey; and (2) appoint Mr. Johnson to fill the vacant director position. Director Guilanshah seconded the motion, which passed unanimously. 

The Board then considered approving the Sworn Statement, Official Bond, and Oath of Office for Director Johnson. 

The Board also considered reorganizing the Board as follows: 

Ben Gillis President

Robert Williamson Vice President

Dan Moody, III Secretary

Ben Pisklak Assistant Secretary

Steven Goss Director

William M. Mosley Director

Perry Hicks Director

C. Beau Harrison Director

Alan Steinberg Director

Kirk Guilanshah Director 

The Board further considered filing an updated District Registration Form with the Texas Commission on Environmental Quality (the “TCEQ”) to reflect the appointment of Director Johnson and the reorganization of the Board. 

Ms. Johnson discussed a memorandum from ABHR provided to Director Johnson regarding Open Meetings Act and Public Information Act training requirements and noted that Director Johnson must complete his required training and provide his certificates of completion for inclusion in the District's permanent records. 

Ms. Johnson also discussed a memorandum from ABHR provided to Director Johnson regarding conflict-of-interest disclosure required under Chapter 176 of the Texas Local Government Code. She encouraged Director Johnson to contact ABHR if assistance is needed in determining whether a conflict requires disclosure or in making a required disclosure. Ms. Johnson stated that, pursuant to Chapter 176 of the Texas Local Government Code, the District maintains a List of Local Government Officers (the “List"). She reviewed the updated List with the Board. 

Following discussion, Director Gillis moved to: (1) approve Director Johnson's Sworn Statement, Official Bond, and Oath of Office, and direct that they be filed and retained in the District's official records and that the Oath of Office be filed with the Secretary of State of the State of Texas; (2) reorganize the Board and authorize ABHR to file the updated District Registration Form with the TCEQ; and (3) approve and authorize execution of the updated List and direct that the List be filed appropriately and retained in the District's official records. Director Mosley seconded the motion, which passed unanimously. 

Minutes 

The Board reviewed the minutes of the April 20, 2022, regular meeting. Following review and discussion, Director Harrison moved to approve the minutes, as submitted. Director Williamson seconded the motion, which passed unanimously. 

Financial Report and Bookkeeping Matters 

Ms. Hall reviewed the financial report for April 2022, including invoices submitted for payment. Following review and discussion, Director Pisklak moved to approve the financial report and payment of invoices, as discussed. Director Mosley seconded the motion, which passed unanimously. 

Assessment and Collections Matters 

Ms. Hall reviewed the assessment collector's report for April 2022. She discussed the status of various delinquent accounts. The Board reviewed the status of property valuation lawsuits filed by property owners in the District against the Harris County Appraisal District. Following review and discussion, Director Hicks moved to approve the assessment collector's report. Director Moody seconded the motion, which passed unanimously. 

Utility Burial Reimbursement Program and Report 

Ms. Shepherd of McCall Gibson Barfoot Swedlund PLLC presented and reviewed the Agreed-Upon Procedures Report (“AUP') in connection with the proposed reimbursement to TC Blvd Partners II, LLC for utility burial reimbursement costs in the amount of $338,448.72, pursuant to the Amended and Restated Reimbursement Agreement between the District and TC Blvd Partners II, LLC, dated April 21, 2021. Following review and discussion, Director Pisklak moved to approve the AUP and authorize disbursement of the funds at the appropriate time. Director Williamson seconded the motion, which passed by a vote of 9-0, with Director Moody abstaining. 

Engineering Matters 

There was no discussion on this matter. 

District Maintenance 

Mr. Vanderburg of Lawn Management Company (“LMC") reported on maintenance and repair projects in the District. 

Mr. Vanderburg presented two options for landscaping at Conrad Sauer Park. Ms. Luevano recommended that the proposal for $11,765.72 be deferred and recommended proceeding with the proposal for $2,900.00 (“Proposal No. 122948”). He also presented a proposal from LMC in the amount of $1,956.42 for landscaping within the District (“Proposal No. 122831”). 

Following review and discussion, Director Harrison moved to approve: (1) Proposal No. 122948; and (2) Proposal No. 122831. The motion was seconded by Director Pisklak, which passed unanimously. 

Services Agreements, Contracts and Proposals, and Task Orders and Payment of Invoices Under Previously Approved Service Agreements 

The Board discussed the maintenance of District properties and the proposed termination of the District's contracts with Lake Pro, Inc. (“Lake Pro") and Greenscape Pump Services (“Greenscape”). 

Ms. Luevano presented and discussed a proposal from Lake Management Service, LP (“LMS”) for detention and landscape maintenance and repair services. Ms. Luevano stated that the cost for monthly lake maintenance services would be $1,500.00. She also presented and discussed a one-time proposal in the amount of $2,100.00 from LMS for cleaning at the Conrad Sauer detention pond and inspection of the pumps. 

The Board also discussed the proposed termination of the District's contract with MyHart Communications (“MyHart”). Ms. Luevano stated that the District would manage community relations initiatives internally. 

Following discussion, Director Gillis moved to: (1) authorize termination of the District's contracts with Lake Pro, Greenscape, and MyHart; (2) approve the proposal from LMS in the amount of $1,500.00 per month; (3) approve the proposal from LMS in the amount of $2,100.00; and (4) authorize the execution of a Master Service Agreement between the District and LMS. The motion was seconded by Director Pisklak, which passed unanimously. 

Security Matters 

Sergeant Sheffield reviewed reports on April patrols and activity in the District. 

Executive Director's Report 

Ms. Luevano updated the Board on the status of the District's agreement with Flock Group, Inc. and the City of Houston's review of the permits for installation of the cameras. 

Assessment and Collections Matters (Continued) 

Discussion further ensued regarding the status of certain delinquent accounts shown in the assessment collector's report. Following discussion, Director Williamson moved to authorize the District's delinquent tax attorney to proceed with collections for the delinquent accounts, as discussed. Director Moody seconded the motion, which passed unanimously. 

Executive Session 

The Board convened in executive session at 10:20 a.m. pursuant to Section 551.074, Texas Government Code, in order to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. 

Reconvene in Open Session and Authorize Appropriate Action 

The Board reconvened in open session at 10:42 a.m. Following discussion, Director Pisklak moved to name Ms. Luevano as the District's Executive Director and approve the salary increase as discussed. Director Hicks seconded the motion, which passed unanimously. 

Services Agreements, Contracts and Proposals, and Task Orders and Payment of Invoices Under Previously Approved Service Agreements (Continued) 

The Board discussed the termination of the District's contract with OJB Landscape Architecture ("OJB”) and notice of same dated March 21, 2022. Following discussion, Director Pisklak moved to ratify termination of the District's contract with OJB. Director Williamson seconded the motion, which passed unanimously. 

Adjourn 

The Board concurred to schedule the next meeting for June 15, 2022. 

There being no further business to come before the Board, the meeting was adjourned. 

 https://www.memorialdistrict.org/wp-content/uploads/2022/07/May-minutes-signed.pdf