Meeting Minutes 2020-10-28


OCTOBER 28, 2020


The Board of Directors (the “Board”) of Parkway Utility District (the “District”) convened in a special session, at 6:00 p.m. on October 28, 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. Josh Maas and Mr. Mark Ivy with M. Marlon Ivy & Associates (“MMIA”), operators for the District; and Mr. Reginald Wilson and Ms. Meghan Koett of Norton Rose Fulbright US LLP (“NRF”), attorneys for the District.

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 public comments.

2. Discuss and review Operator terminology. Director Rettig stated that there were two payment bills that were mixed with the junk mail. He said he wanted everyone to be aware of the mail coming in and make sure it doesn’t contain bills.

Director Retting inquired about terminology found in the contract between MMIA and Parkway Utility District. Mr. Ivy and Mr. Maas extensively reviewed and defined various terminology that is found within the contract.

Director Rettig inquired about MMIA’s bilingual capability. He expressed his concern with MMIA only having English and Spanish speaking employees. Mr. Ivy stated that English and Spanish are two of the main languages the company deals with. He stated he has not run in to any instances where he was unable to assist a customer due to a language barrier.

Director Balderas stated that customers are claiming that their water bills are higher with MMIA as the operator. Mr. Ivy stated that MMIA is applying the same rates as the previous operator and in increase in the water bill is due to function of consumption, not a rate change.

Discussion ensued regarding designating different rate categories within the rate order. President McNeil inquired about designating a specific rate for Parkway Baptist Church. Mr. Wilson stated that Board can amend the rate order to categorize non-profits. The Board will discuss amending the rate order at the November meeting.

Discussion ensued regarding the current rate order for the Forest Park Apartments.

Extensive discussion ensued regarding water conservation. Mr. Ivy stated MMIA can put together bill stuffers or an extra pamphlet to send to residents regarding water conservation and the Water Wise Program. Put together bill stuffers to go out to each customer. The Board will discuss this further at the November meeting.

Director Balderas inquired about late fees on water bills. Mr. Ivy stated it is 10% of the bill which is specified by the rate order.

President McNeil inquired about the transition from the old operator and if any surprises were found. Mr. Ivy stated that the District is now fully transitioned and the only surprise was water system issues. Mr. Ivy stated that all facilities are in good shape.

President McNeil inquired about the Wastewater Treatment Plant. Mr. Maas stated he has no issues with access and there are no operational issues. He stated he is at the plant at least once a month.

President McNeil provided Mr. Ivy and Mr. Maas with background information regarding the history between Parkway Utility District and Greenwood Utility District. Discussion ensued.


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The foregoing minutes were passed and approved by the Board of Directors on November 11 2020.

President, Board of Directors

ATTEST: Secretary, Board of Directors