PARKWAY UTILITY DISTRICT MINUTES OF BOARD SPECIAL MEETING
JULY 14, 2020
THE STATE OF TEXAS §
COUNTY OF HARRIS §
PARKWAY UTILITY DISTRICT §
The Board of Directors (the “Board”) of Parkway Utility District (the “District”) convened in a special session, at 6:00 p.m. on July 14, 2020, via videoconference and teleconference pursuant to Section 551.125, Texas Gov’t Code as modified by the temporary suspension of certain provisions thereof pursuant to guidelines issued by the Texas Attorney General and approved by the Governor for use during the COVID-19 statewide disaster. A roll call was taken of the persons present:
Brenda McNeil, President
Alphonso (“Al”) Rettig, Vice President
Jennifer Balderas, Secretary
Ron Everhart, Assistant Secretary
Gloria Woods, Director
All members of the Board were present, thus constituting a quorum. Also attending all or parts of the meeting were Mr. Gary Syzek of Systems Project Management, General Manager for the District; Mr. Reginald Wilson and Ms. Meghan Koett of Norton Rose Fulbright US LLP (“NRF”), attorneys for the District; Mark Ivy, Josh Maas, Erica Morales with M. Marlon Ivy and Associates, Todd Burrer, Aretha Morris, Randi Mauldin, Mark Yentzen, Trina Kilgore, Mark Steelman, Teri Laguarta, Joe Padalino of Inframark Water Infrastructure Operations (“Inframark”), and Lonnie Wright and Jared Martin with Municipal Operations & Consulting, Inc (“MOC”).
Pursuant to Section 551.054, Texas Gov’t Code, as modified by the temporary suspension of certain provisions thereof, notice of the meeting was posted on the District’s website within the time limits prescribed by law. A certificate of such posting is attached hereto as Exhibit A. The agenda packet was posted on the website as items became available incompliance with the guidelines issued by the Texas Attorney General.
Call to Order. Mr. Wilson called the meeting to order. He noted that the meeting was being held by teleconference in accordance with federal, state and county directives to slow the spread of COVID-19 by avoiding meetings that bring people together. He said the notice of the meeting included a toll-free dial-in number for members of the public to call so they can hear the meeting and address the Board. He noted that the meeting was being recorded and a recording would be available upon public request. Mr. Wilson then set out guidelines for the conduct of the meeting. He asked each speaker to identify themselves before speaking. He then proceeded with the meeting business:
1. Public Comments. There were no comments from the public.
2. Receive and discuss new operator proposals for the district and engage new operator.
Mr. Wilson recognized Mr. Marlon Ivy with M. Marlon Ivy & Associates (“MMIA”). Mr. Ivy presented and reviewed with the Board of Directors the proposal to become the District’s new operator, a copy of which is attached hereto as “Exhibit B”.
Mr. Ivy spoke on the history of MMIA and how it has been a family owned and operator business of fifty years. Mr. Ivy reported that MMIA is not the biggest operation company, but that MMIA provides a level of personalized service.
Mr. Ivy introduce Mr. Josh Maas. Mr. Maas would be the District’s representative and attend all meetings. Mr. Ivy said that Mr. Maas is qualified to make decisions on behalf of the company.
Mr. Ivy reported that MMIA strategically chooses clients. He said that Parkway is in their geographical location and would be their largest client.
Mr. Ivy reported that MMIA will review all data from the previous operator before accepting it. He said that MMIA will read meters on the previous operators last read to ensure accurate meter reads.
Mr. Ivy reported on the transition process between operator companies.
Mr. Maas spoke to the Board about his credentials and experience.
Mr. Wilson asked Mr. Ivy if MMIA had experience in working with joint facilities. Mr. Ivy reported they have experience.
Director Balderas inquired about communication between the Board and the operator. Mr. Maas reported he can be available via call or text at any time.
Director Woods inquired about customer service. She asked how long it would take for a new account to be set up. Mr. Ivy reported the typical turnaround time is 24 hours.
President McNeil inquired about MMIA having experience with construction of a waste water treatment plant. Mr. Ivy reported that MMIA observes the construction all the way through. Mr. Ivy also reported that MMIA will be working closely with Mr. Syzek.
President McNeil asked whether MMIA has worked with the District’s current operator, Municipal District Services (“MDS”). Mr. Ivy reported that MMIA is familiar with MDS and has worked with them in the past.
Mr. Wilson recognized Mr. Todd Burrer of Inframark Water Infrastructure Operations (“Inframark”). Mr. Burrer presented and reviewed with the Board of Directors the proposal to become the District’s new operator, a copy of which is attached hereto as “Exhibit C”.
Mr. Burrer introduced the rest of the team on the call and gave a brief history of the company.
Mr. Burrer reported that Inframark’s focus is on integrity, ethics, honesty, and respect. Mr. Burrer reported on statistics of the company. He said Inframark manages 137 MUDS in Texas and that their meter read accuracy over 99%.
Mr. Burrer introduced Mr. Mark Yentzen and Mr. Mark Steelman. Mr. Yentzen reported on communication devices, customer Call Centers, and remote monitoring systems. Mr. Steelman reported on leveraging technology and how everyone has a cell phone and is easily accessible. He said Inframark has a call center and 24 hour dispatch running remotely given the current conditions of COVID-19.
Mr. Padalino reported on the maintenance department. Mr. Padalino said that Inframark strives for a planned maintenance scenario.
Ms. Morris reported on customer care management and the company’s website. She said the website is customer friendly and contains a customer portal. Ms. Morris stated that the typical turnaround time for water start up is 24 hours.
Ms. Kilgore reported on Board Support. She said she ensures all information is provided to the Board during their monthly meeting. Ms. Kilgore stated Inframark’s focus is on full transparency and full line of communication to meet the Board’s expectation. Ms. Kilgore spoke on her credentials and her experience with the company.
Mr. Wilson inquired if Inframark had experience in working with joint waste water treatment plants. Mr. Burrer stated they have experience and have worked with MDS before.
Mr. Wilson recognized Mr. Lonnie Wright and Mr. Jared Martin with Municipal Operations & Consulting, Inc (“MOC”). Mr. Wright presented and reviewed with the Board of Directors the proposal to become the District’s new operator, a copy of which is attached hereto as “Exhibit D”.
Mr. Wright discussed the history of the company. Mr. Wright stated he will attend all Board meetings with Mr. Martin for the first year. Mr. Martin reported on his credentials and experience.
Mr. Wright reviewed with the Board a proximity map, sample operations reports, and sample bills.
Mr. Wright reported on the transition process and presented a sample letter that will be distributed to each customer. Mr. Wright noted that MOC will take on the expense of transferring the District.
Mr. Wright discussed MOC’s experience with joint waste water plants. Mr. Wright also noted that MOC has experience in working with MDS. Mr. Wright explained that MOC’s focus is on cooperation and communication when working with MDS.
Mr. Wright discussed new service start up times. He said if a request is given by noon, water can be turned on that say day.
Mr. Wilson and Mr. Syzek both discussed with the Board their opinions on each of the three proposals given. Both Mr. Wilson and Mr. Syzek said that either of the three would be a good fit for Parkway.
Extensive discussion ensued between the Board members regarding preferences toward each operator’s proposal.
Upon motion by Director Balderas, seconded by Director Woods, after full discussion and the question being put to the Board, the Board voted unanimously to engage M. Marlon Ivy & Associates, as the operator for Parkway Utility District, effective August 1, 2020.
Discussion ensued regarding issues between MDS and allowing Mr. Syzek access to view security videos of the joint waste water treatment plant. Mr. Wilson stated that Parkway still has access to the videos, however at this time, Mr. Syzek does not.
Discussion ensued regarding capacity issues.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, the meeting was adjourned.
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The foregoing minutes were passed and approved by the Board of Directors on August 12, 2020.
President, Board of Directors
ATTEST: Secretary, Board of Directors