Meeting Minutes 2020-12-16

PARKWAY UTILITY DISTRICT MINUTES OF BOARD SPECIAL MEETING

DECEMBER 16, 2020

THE STATE OF TEXAS §
COUNTY OF HARRIS §
PARKWAY UTILITY DISTRICT §

The Board of Directors (the “PUD Board”) of Parkway Utility District (the “District”) met in a special session jointly with Greenwood Municipal Utility District Board of Directors (“GUD Board”) (collectively the “Boards”) at 6:30p.m. on December 16, 2020, via 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, except Director Woods, thus constituting a quorum. All members of the Board for Greenwood Utility District (“GUD”) were present, except Director Primeaux, thus constituting a quorum. Also attending all or parts of the joint meeting were Ms. Diane Bailey of McLennan & Associates, L.P. (“Bookkeeper”), bookkeeper for the District; Mr. Bradley Jenkins and Ms. Katherine Vu of Jones|Carter (“Engineer” or “J|C”), engineers for the District; Mr. Gary Syzek of Systems Project Management, General Manager for the District; Mr. Josh Maas with M. Marlon Ivy & Associates (“MMIA”), operators for the District; Mr. Reginald Wilson and Ms. Meghan Koett of Norton Rose Fulbright US LLP (“NRF”), attorneys for the District; Mr. Bill Blitch of Blitch Associates, Inc., (“Advisor”) financial advisor for GUD, Ms. Dietra Bonds of Municipal Accounts & Consulting L.P.; (“MAC”), bookkeeper for GUD; Ms. Brittni Silvia of Assessments of the Southwest “ASV'”) tax assessor/collector for GUD; Mr. Johnny Bellamy of Municipal District Services ( “MDS”), operator for GUD; Mr. Jim Ainsworth and Mr. Ronald Anderson III of A&S Engineers, Inc. (“A&S”), engineer for GUD; Lieutenant Terry Ganey of Harris County Constable’s Office, Precinct No. 3 (the “Constable”); Ms. Victoria Halsey with Century Community, Developer for GUD, MS. Mr. Elliot M. Barner, of Radcliffe Bobbitt Adams Polley PLLC (“RBAP”), attorney for GUD, and Ms. Melanie Greer, member of the public.
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. Barner 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. Barner 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. Update on Joint Facilities.

(a) Regional Wastewater Treatment Facilities (RWWTF):

(i) review bids for award of contract for RWWTF Improvement Project, authorize preparation of construction contract, authorize execution of construction contract, authorize Engineer to issue notice to proceed as approved, subject to Attorney review.

Mr. Anderson reported on the existing contract regarding the clearing and grubbing project. He stated he recommends payment of Pay Estimate No. 2 in the amount of $64,336 per District. PUD: approved this at the last meeting. Upon motion by Director Balderas, seconded by Director Everhart, after full discussion and the question being put to the Board, the Board voted unanimously to approve Pay Estimate No. 2. Upon motion by Director Flight, seconded by Director O’Neil, after full discussion and the question being put to the Greenwood Board, the Greenwood Board voted unanimously to approve Pay Estimate No. 2.

Mr. Anderson reported on the expansion project. He stated he has received two bids, both of which came in under budget. Mr. Anderson recommends proceeding with CSA Construction. Upon motion by Director Balderas, seconded by Director Everhart, after full discussion and the question being put to the Board, the Board voted unanimously to proceed with notice of reward to CSA Construction, and the execution of the contingent upon attorney review. Upon motion by Director Guerra, seconded by Director Flight, after full discussion and the question being put to the Greenwood Board, the Greenwood Board voted unanimously to proceed with notice of reward to CSA Construction, and the execution of the contingent upon attorney review.

(ii) review operations, including status of use of permitted capacity. There was nothing to report at this time.

(iii) discuss operation of flow meters and take any necessary actions.

Mr. Anderson reported on the flow meters with Hach. He stated the number continue to stay incorrect and recommends termination of the contract and to remove the flow meters. Upon motion by Director Balderas, seconded by Director Everhart, after full discussion and the question being put to the Board, the Board voted unanimously to terminate the contract with Hach and remove the flow meters. Upon motion by Director Flight, seconded by Director Guerra, after full discussion and the question being put to the Greenwood Board, the Greenwood Board voted unanimously to terminate the contract with Hach and remove the flow meters.

(iv) approve Order Adopting Budget for RWWTF for fiscal year ending (“FYE”) December 31, 2021.

Mr. Wilson stated that the budget was previously reviewed by the Parkway Board during their meeting. Upon motion by Director Balderas, seconded by Director Everhart, after full discussion and the question being put to the Board, the Board voted unanimously to adopt the budget for the Regional Wastewater Treatment Facility for fiscal year ending December 31, 2021. Upon motion by Director Flight, seconded by Director Guerra, after full discussion and the question being put to the Greenwood Board, the Greenwood Board voted unanimously to adopt the budget for the Regional Wastewater Treatment Facility for fiscal year ending December 31, 2021.

Mr. Wilson inquired about the status of overage penalties. Mr. Barner stated he would deliver payment.

3. Surface Water Transmission Facility (SWTF):

(i) Review Operations. There was nothing new to report at this time.

(ii) Update on Status of SWTF design. Mr. Anderson reported on the design and the review of the surface water line project. He stated he is hoping to get started advertising prior to next month’s meeting. Mr. Anderson the project is still waiting Harris County approval prior to advertising.

(iii) Approve Order Adopting Budget for SWTF for FYE December 31, 2021.

Upon motion by Director Balderas, seconded by Director Everhart, after full discussion and the question being put to the Board, the Board voted unanimously to adopt the budget for the Surface Water Treatment Facility for fiscal year ending December 31, 2021. Upon motion by Director Flight, seconded by Director Guerra, after full discussion and the question being put to the Greenwood Board, the Greenwood Board voted unanimously to adopt the budget for the Surface Water Treatment Facility for fiscal year ending December 31, 2021.

Mr. Wilson inquired about Parkway purchasing the package plant design from Greenwood. Mr. Barner stated this topic would be discussed later in their meeting.

THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, the meeting was adjourned.

The foregoing minutes were passed and approved by the Board of Directors on January 13, 2021.

/s/ Brenda McNeil
President, Board of Directors

ATTEST:
/s/ Jennifer Balderas
Secretary, Board of Directors

(DISTRICT SEAL)

Exhibits