Maverick County Hospital District Board Majority Reverses Decision Not to Use Realtor
By: Miguel Munoz, Copyright 2014, Eagle Pass Business Journal, Inc.
The Maverick County Hospital District Board of Directors’ super-majority of Chairman Juan Manuel “Chuco” Farias, Vice-President Rito J. Valdez, III, Humberto Duran, and Joaquin L. Rodriguez voted to reverse the Board’s previous decision not to use the services of a Realtor in the sale of its real property located at Bibb Street, authorizing Chief Executive Officer Elcira Bares to publish in local newspapers a request for proposals from real estate agencies or realtors to assist the Maverick County Hospital District sell its Bibb Street property, at its special Board meeting held on Thursday, March 6, 2017.
Since at least October 2013, the MCHD Board had discussed and previously agreed that CEO Bares place a sign for sale or lease on the Bibb Street property and not use the services of a real estate agency or realtor to save the District and taxpayers monies on the eventual sale or lease of the property.
At its January 22, 2014, Board meeting, the MCHD Board approved to proceed with the placement of advertisements in local and out-of-town newspapers for requests for bids to purchase the Bibb Street property from prospective interested purchasers pursuant to state laws, without the use of a real estate agency or realtor, by a deadline of March 21, 2014. CEO Bares was requested by the Board to place the advertisements in the newspapers for requests for bids to purchase the property. As of its March 6, 2014 special Board meeting, the MCHD had failed to place the requests for bids to purchase the Bibb Street property be published in the newspapers.
At its February 26, 2014, Board meeting, Chairman Farias placed an item on the Agenda titled Committee Reports: Buildings and Grounds Committee. CEO Bares reported that the MCHD’s Buildings and Grounds Committee, comprised of Chairman Farias, Board member Joaquin L. Rodriguez, CEO Bares, and Executive Administrative Assistant Lupita Amaya, had held a meeting on February 4, 2014, and had decided to recommend to the whole Board that a real estate agency or Realtor be contracted to assist the District sell the Bibb Street property. CEO Bares reported that the only real estate person who had approached the MCHD to assist it on the sale of the Bibb Street property was Jose A. Aranda, Jr. of Realty Executives of Eagle Pass and the Buildings and Grounds Committee recommended that Aranda be hired. Board member Ricardo E. Calderon asked CEO Bares if she had advertised for requests for proposals from real estate agencies or Realtors, which the Board had not specifically approved before, and she replied “No.” Since the hiring of a real estate agency or Realtor discussion was not an action item, the Board took no action. Again, the Board’s decision to advertise the request for bids for the purchase of the Bibb Street property, which was approved at the January 22nd meeting, had not been complied with by Administration.
Finally, at its special Board meeting on March 6, 2014, an Agenda item was placed for discussion and possible action to contract real estate services for the sale of the Bibb Street property and request for bids from real estate agencies or Realtors. CEO Bares reported to the Board that this item had been first discussed at the MCHD’s Buildings and Grounds Committee meeting on February 4th because the duty and responsibility given to her and the Administration to show the Bibb Street property had become a “burden.” Bares told the MCHD Board that the sale of the Bibb Street property included too many things and Administration was not prepared to handle this matter. For instance, Bares explained, the property has to be shown sometimes at night, Saturdays, Sundays, and that it was impossible for her or Administration to do it right. Chairman Farias stated that there were some problems because the Hospital District’s personnel are not qualified, do not work on weekends, and do not have the time to show the Bibb Street property.
Board member Humberto Duran chimed in apologizing for being absent at the Board’s January 22nd meeting where it had been decided to publish the requests for bids of the Bibb Street property without the use of a real estate person, but that he recommended hiring a Realtor to assist the Hospital District with the sale of the Bibb Street property because “it is a handful” showing the property and “getting a clear title.”
Board member Calderon raised concerns that the Hospital District’s management had not carried out the policies decided by the Board at its January 22nd Board meeting by failing to place for publication in newspapers the request for bids to purchase the property from prospective purchasers with a deadline of March 21st so that the Board could open the bids and take possible action to sell the property. Calderon noted that Management had delayed and stalled the sale of the Bibb Street property and failed to carry out the Board’s directives. Calderon pointed out that as March 6th the Administration had failed to advertise the request for bids for the purchase of the Bibb Street property and there were only 15 days left before the Board’s March 21st deadline.
Chairman Farias stated that the Board was faced with state laws and the law of common sense. Farias noted that common sense law may require the Board to rescind its previous decision not to use the services of a Realtor. Farias added that if the Board “made mistakes, the public has every right to vote against us.” Neither Chairman Farias, Vice-President Valdez, Rodriguez, and Duran addressed the Hospital District’s Administration failure to execute the Board’s January 22nd decision to place advertisements in the newspapers for requests for bids for the purchase of the Bibb Street property by the March 21st deadline raised by Calderon.
Chairman Farias asked for a motion and Board member Joaquin L. Rodriguez moved for the Hospital District to publish requests for proposals from real estate agencies or Realtors to assist the District with the sale of the Bibb Street property and Board member Humberto Duran seconded the motion. During discussion, Calderon raised his concern about open and transparent government noting that the Board’s policies and decisions were not being complied with by management and none of his fellow Board members discussed or addressed the issue. After discussion, Chairman Farias, Vice-President Valdez, Duran, and Rodriguez approved the motion while Calderon abstained.
The MCHD’s Board super-majority decision reverses the Board’s previous discussions and decisions on this issue, including its January 22nd decision to request bids for purchasing the Bibb Street property without the use of a real estate agency or Realtor, and will most probably delay once again the eventual sell of the Bibb Street property beyond its March 21st deadline as well as cost taxpayers more money to have to sell the property.
Now, all real estate agencies and Realtors will have the opportunity to submit request for proposals to assist the MCHD sell its Bibb Street property.
