PARKWAY UTILITY DISTRICT MINUTES OF BOARD REGULAR MEETING
MARCH 10, 2021
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 regular session, at 6:15 p.m. on March 10, 2021, 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 for Parkway Utility District (“PUD”) were present, thus constituting a quorum.All members of the Board for Greenwood Utility District (“GUD”) were present, thus constituting a quorum. Also attending all or parts of the meeting were; Ms. Diane Bailey of McLennan & Associates, L.P. (“Bookkeeper” or “McLennan”), bookkeeper for PUD; Ms. Delia Yanez of Assessments of the Southwest (“Tax Assessor-Collector”), tax assessor and collector for PUD; Mr. Bradley Jenkins and Ms. Katherine Vu of Jones|Carter (“JC”), engineers for PUD; Mr. Gary Syzek of Systems Project Management, General Manager for PUD; Ms. Karen Sears of Storm Water Solutions; Mr. Josh Maas with M. Marlon Ivy & Associates (“MMIA”), operators for PUD; Mr. Jamal Singleton with Direct Waste Solutions; Captain Ganey of Harris County Precinct 3 Constable’s Office; Mr. Greg East, of Perdue Brandon, delinquent tax attorney for PUD; Mr. Reginald Wilson and Ms. Meghan Koett of Norton Rose Fulbright US LLP (“NRF”), attorneys for PUD; Ms. Dietra Bonds of Municipal Accounts & Consulting L.P.; (“MAC”), bookkeeper for GUD; Mr. Jim Ainsworth and Mr. Ronald Anderson III of A&S Engineers, Inc. (“A&S”), engineer for GUD. Mr. JT Foster and Ms. Kathryn Cain, of Radcliffe Bobbitt Adams Polley PLLC (“RBAP”), attorneys for GUD; and Mr. Radman Khani, resident of GUD.
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. Joint Discussion with Greenwood Utility District:
a. Discuss Joint Wastewater Treatment Facility and take necessary action. Mr. Anderson stated the Regional Wastewater Treatment Plant project is moving along and completion inspection is scheduled for March 11, 2021.
Mr. Anderson presented pay application no. 5 in the amount of $73,339.02 and recommends payment. Upon motion by Director Balderas, seconded by Director Rettig, after full discussion and the question being put to the Board, the PUD Board voted unanimously to approve pay application no. 5 in the amount of $73,339.02. Upon motion by Director Guerra, seconded by Director Primeaux, after full discussion and the question being put to the Board, the GUD Board voted unanimously to approve pay application no. 5 in the amount of $73,339.02.
Mr. Anderson reported on the regional wastewater expansion. He stated he is issuing notice to proceed with the project on March 15, 2021.
Mr. Anderson stated he no updates on treatment plant operations at this time.
Mr. Anderson reported on the regional treatment plant outfall. He stated he had a discussion with Harris County Flood Control District regarding geotechnical studies. Mr. Anderson stated he has a proposal for $6,900 to do the geotechnical work at the site. Mr. Anderson asked for both Board’s approval for up to $10,000 to proceed with the geotechnical study for the outfall.
President McNeil inquired about the cost and express her concerns with approving an amount based on unofficial numbers. Parkway Board of Directors decided to reconvene when the numbers are finalized.
b. Discuss Joint Surface Water Plant and take necessary action.
Mr. Anderson reported on the 16 inch water line along Tidwell road. He stated that resin made with PVC was put on hold due to the winter storm. Mr. Anderson reported that the winter storm has impacted PVC supplies and the pricing has increased. Mr. Anderson recommends approval and payment of change order No. 1 in the amount of $9,282.60 for the new pricing of PVC.
Extensive discussion ensued regarding price of the change order. Upon motion by Director Balderas, seconded by Director McNeil, after full discussion and the question being put to the Board, the PUD Board voted unanimously to approve change order no. 1 in the amount of $9,282.60.Upon motion by Director Flight, seconded by Director Primeaux, after full discussion and the question being put to the Board, the GUD Board voted unanimously to approve change order no. 1 in the amount of $9,282.60.
Mr. Anderson reported on the transmission facility. He stated he is planning to resubmit to Flood Control and Harris County for final approval and anticipates advertising the project soon. Mr. Anderson stated that bids will be presented at the May meeting.
3. Minutes of previous meeting(s). Minutes of the regularmeeting of February 10, 2021, were previously distributed to the Board and were presented for consideration and approval. Upon motion by Director Rettig, seconded by Director Woods, after full discussion and the question being put to the Board, the Board voted unanimously to approve the minutes of the regular meeting of February 10, 2021.
4. Report from Direct Waste Solutions. Mr. Singleton reviewed the Direct Waste Solutions Report which was previously distributed, a copy is attached as Exhibit “B.”
Mr. Singleton reported that recycling volume totaled 9.27 tons which equates to 2.3 tons per week over three service recycling days in February. He stated that recycling services were suspended during the winter storm.
5. Report from General Manager. President McNeil recognized Mr. Syzek, who reviewed and presented the District’s General Manager’s Report, a copy is attached as Exhibit “C.”
Mr. Syzek stated that 11 nutria was trapped and removed from Sunrise Pines. Ms. Sears stated she will look at the damage for recommendations for repairs. Mr. Syzek stated that the detention pond is green due to overseeding.
Mr. Syzek stated at the last Wastewater Treatment Plant inspection, the CSA Construction manager attended. Mr. Syzek stated that each month an update on schedule of events and progression will be provided. Mr. Syzek also reported that the existing lift station will be demolished and a temporary pump will move sewage as construction takes place.
Mr. Syzek reported that hydromulch has taken place at the detention pond to prevent erosion.
Mr. Syzek reported on Winter Storm Uri. He stated that the new generator ran well. He said that the autosensory plastic tubing can freeze underground which contributed to change in water pressure.
Mr. Syzek reported on the Lower Greens Bayou will be holding a virtual workshop on March 11, 2021 regarding flood reduction effort.
6. Report by Harris County Precinct Three Constable, including community Crime Watch, and action relating to Security. Captain Ganey reviewed the Security report for the Month of February 2021 which was previously distributed, a copy of which is attached as Exhibit “D.”
Captain Ganey reported that there continued to be a decrease in activity for the month of February.
Captain Ganey reported on discharge of firearms. He stated that not a lot of information get provided during discharge. He stated he is trying to pinpoint on a map to provide extra patrol to the area and increase visibility.
7. Tax Assessor and Collector’s Report, status of delinquent tax accounts, and payment of bills. Ms. Yanez presented to and reviewed with the Board the Tax Assessor-Collector’s Report for February, a copy of which is attached as Exhibit “E.” Ms. Yanez reported that 92.81% of the District’s 2020 taxes have been collected as of February 28, 2021.
Ms. Yanez presented 9 checks and 2 wires to the Board for review and approval.
Ms. Yanez reviewed the delinquent tax role. Includes 2020 outstanding accounts.
Upon motion by Director Woods, seconded by Director Rettig, after a full discussion and the question being put to the Board, the Board voted unanimously to approve the Tax Assessor and Collector’s Report.
8. Authorize delinquent tax attorney to enforce the collection of delinquent taxes pursuant to contract. Mr. East presented and reviewed a copy of the delinquent tax report, a copy of which is attached hereto as Exhibit “F”. He inquired how to proceed with tagging delinquent accounts.
Mr. East stated overall the District is making progress with payment on delinquent accounts.
Upon motion by Director Rettig, seconded by Director Woods, after full discussion and the question being put to the Board, the Board voted unanimously to deferring tagging of delinquent accounts until next month.
9. Bookkeeper’s Report, Investment Report, payment of bills, and take any necessary action. Ms. Bailey reviewed the Bookkeeper’s Report and quarterly investment report, copies of which are attached as Exhibit “G.”
Ms. Bailey reported that the next debt service payment is September 1, 2021.
Ms. Bailey reviewed the Investment report for February with the Board.
Ms. Bailey reviewed the budget comparison through February. She stated there is a surplus of $588,493.00.
Ms. Bailey reported on the Water surface facility with Greenwood and reviewed Parkway Utility District’s portion for December and January.
Ms. Bailey reviewed the Joint Water Plant Facilities budget with the Board.
Upon motion by Director Rettig, seconded by Director Woods, after a full discussion and the question being put to the Board, the Board voted unanimously to approve the bookkeeper’s report.
Mr. Jenkins inquired about available surplus funds from bonds. Mr. Bailey stated an analysis will need to be completed in order to determine how much is available.
10. Operator’s Report from M. Marlon Ivy & Associates. Mr. Maas presented and reviewed with the board the Operator’s Report, a copy of which is attached hereto as Exhibit “H.”
Mr. Maas reported Parkway currently has 2439 active connections.
Mr. Maas reviewed the bill and collections report for January and February with the Board.
Mr. Maas reviewed the production and sales report and stated the District has 88.16% accountability.
Mr. Maas stated that the biggest struggle during Winter Storm Uri was keeping the water plant full and sending water out to customers. Director Rettig inquired about educating customers as to how to prepare should a storm like this happen again. Discussion ensued.
Director Rettig inquired about purchasing a generator for the District building. Mr. Maas stated he will do research and report back with options.
Upon motion by Director Woods, seconded by Director Rettig, after a full discussion and the question being put to the Board, the Board voted unanimously to accept the Operator’s Report, to proceed with providing door hangers to promote communication between the resident and the operator.
11. Engineer’s Report, including review of Engineer’s projects, and capital repairs.
Mr. Jenkins presented to and reviewed with the Board the Engineer’s Report, a copy of which is attached as Exhibit “I.”
Mr. Jenkins reported on the sanitary sewer rehab stating that plans are ready to submit for full review next month.
Mr. Jenkins reported on the Lift station 2 project. He stated he is addressing the City of Houston comments. Mr. Wilson stated the executed access easement has been recorded with Harris County Real Property Records.
Mr. Jenkins provided an update onGlobal New Millennium and the District’s involvement with the detention pond. Mr. Jenkins recommends sending a letter on behalf of the District stating the District would maintain the facilities once it is constructed per Harris County and Harris County Flood Controls Standards. Upon motion by Director Rettig, seconded by Director Woods, after a full discussion and the question being put to the Board, the Board voted unanimously to authorize the District engineer to write a letter to Global New Millennium on behalf of the District.
Mr. Jenkins reported that he is working to complete the request to rerate the water plant. He stated he has yet to receive comments from the TCEQ.
Mr. Jenkins stated that in October 2018 the America’s Water Infrastructure Act was signed in to law. He said that this act requires public drinking water systems to develop a risk assessment and emergency response plan. Mr. Jenkins stated he is proceeding with preparation of the risk assessment.
Director Rettig inquired about how to determine when the engineer should be on site.
Mr. Jenkins stated he will look at the construction plan to have a better idea of when presence is needed.
Upon motion by Director Rettig, seconded by Director Woods, after a full discussion and the question being put to the Board, the Board voted unanimously to approve the Engineer’s Report.
12. Report from Storm Water Solutions, and take any necessary action. President McNeil recognized Ms. Sears, who reviewed a report from Storm Water Solutions, a copy of which is attached hereto as Exhibit “J.”
Ms. Sears reported on maintenance in the detention ponds.
Ms. Sears provided an update on the trees in the Sunrise Pines detention pond along the fence. She stated that the trees are along property lines, but she has not received complaints from residents. Ms. Sears stated she will provide a quote next month for trimming the trees compared to complete removal next month.
13. Authorize filing on Comptroller database under SB 625. Mr. Wilson stated NRF will take care of the filing on behalf of the District.
14. Reminder for Directors to complete cybersecurity training by June 14, 2021. Cyber security training. Email will be circulated by the end of the week to be able to get signed up. Annual training.
15. Building Superintendent’s Report. Director Rettig provided updates on the building.
Director Rettig suggested posting signage on the building stating that masks are required. Mr. Wilson stated he will circle back regarding legalities on the situation.
16. Executive session pursuant to Section 551.071, Texas Gov’t Code, to confer with attorney re matters where the duty of the attorney to the Board requires confidentiality and repotential litigation. Upon motion by Director Rettig, seconded by Director Woods, after full discussion and the question being put to the Board, the Board voted unanimously to enter into Executive Session at 8:41 p.m. pursuant to Section 551.071 Texas Gov’t Code, to confer with their attorney on a matter in which the duty of the attorney to the governmental body under the Rules of Professional Conduct requires confidentiality and regarding potential litigation. At this time all persons left the meeting, except the Board members, Mr. Wilson, Ms. Koett, and Mr. Syzek.
17. Convene in public session. Upon motion by Director Rettig, seconded by Director Woods, after full discussion and the question being put to the Board, the Board voted unanimously to enter into public session at 8:52 p.m. No members of the public reentered the meeting. Nothing discussed in executive session required Board action.
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 April 14, 2021.
/s/ Brenda McNeil
President, Board of Directors
ATTEST:
/s/ Jennifer Balderas
Secretary, Board of Directors
(DISTRICT SEAL)