MINUTES OF MEETING OF BOARD OF DIRECTORS PARKWAY UTILITY DISTRICT
October 12, 2022
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 12843 Tidwell Road, Houston, Texas 77044 at 6:15 p.m. on October 12, 2022 and via videoconference and teleconference. A roll call was taken of the persons present:
Brenda McNeil, President
Alphonso (“Al”) Rettig, Vice President
Ron Everhart, Secretary
Cody Pogue, Assistant Secretary
Gloria Woods, Director
Directors McNeil, Everhart, Pogue, and Woods were presented in person, thus constituting a quorum. Director Rettig did not attend. Also attending all or parts of the meeting were: Ms. Diane Bailey of McLennan & Associates, L.P. (“Bookkeeper” or “McLennan’), bookkeeper for the District; Ms. Delia Yanez of Assessments of the Southwest (“Tax Assessor-Collector’), tax assessor and collector for the District; Mr. Jeffery Bishop and Mr. Drew Alford of Quiddity, 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”), operator for the District; Ms. Karen Sears of Storm Water Solutions; Mr. Jamal Singleton of Direct Waste Solutions; Mr. Reginald Wilson and Ms. Meghan Koett of Norton Rose Fulbright US LLP (“NRF’), attorneys for the District; Ms. Glenda Bennet and Ms. Regina Barrie, residents of the District; Mr. John Howell of GMS Group, financial advisor for the District; Captain Ganey of Harris County Precinct 3 Constable’s Office; and Ms. Stephanie Villanueva of Harris County Precinct 1.
In accordance with notice posted pursuant to law, copies of certificates of posting of which are attached hereto as Exhibit “A,” the following business was transacted:
Call to Order. Mr. Wilson called the meeting to order. He noted that the meeting was being held by teleconference and 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. She asked each speaker to identify themselves before speaking. He then proceeded with the meeting business:
1. Public Comments. Ms. Barrie discussed gang graffiti along the fences around her home. Captain Ganey stated he will follow up and in the future to call in any gang related instances to dispatch.
2. Approve the minutes of the meeting on September 14, 2022 and October 5, 2022.
Minutes of the regular meeting of September 14, 2022 and the special meeting of October 5, 2022 were previously distributed to the Board and were presented for consideration and approval.
Upon motion by Director Everhart, seconded by Director Woods, after full discussion and the question being put to the Board, the Board voted unanimously to approve the minutes.
3. 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 2.2 tons per week over four service recycling days in September.
4. 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 reported on the Resilience Trail sign stating it is back in its original location.
Mr. Wilson informed the Board that the Stonefield Terrace Community Association will no longer be using the District admin building to hold their meetings and have returned the key.
Mr. Syzek provided an update on the Sunrise Pines trail.
Mr. Syzek reported on the Resilience Trail fence line stating it is requiring herbicide treatment and there are areas were granite is missing.
Mr. Syzek provided an update on the Harris County Precinct 1 road repairs stating the construction debris has been cleaned up.
Mr. Syzek reported on the monthly Wastewater Treatment Plant meeting.
Mr. Syzek reviewed the drought monitor report.
5. Convene Public Hearing on Proposed Tax Rate for 2022. Mr. Howell reminded the Board a total tax rate of $0.69 was published which is the highest tax rate the District is able to set.
Discussion ensued. There were no comments from the public, so the President formally closed the hearing.
6. Adopt Order Setting Tax Rate and Levying Tax 2022. Mr. Wilson presented and reviewed the Order Setting Tax Rate and Levying Tax, a copy of which is attached hereto as Exhibit “D.”
Upon motion by Director Pogue, seconded by Director Woods, after full discussion and the question being put to the Board, the Board voted unanimously to adopt the Order Setting Tax Rate and Levying Tax for 2022, with a total rate of $0.69 consisting of $0.41 for debt service and $0.28 for maintenance and operation expenses.
7. Approve Amended District Information Form. Mr. Wilson presented and reviewed the Amended District Information Form, a copy of which is attached hereto as Exhibit “E.”
Upon motion by Director Woods, seconded by Director Everhart, after full discussion and the question being put to the Board, the Board voted unanimously to approve the Amended District Information form and authorize filing.
8. Report by Harris County Precinct Three Constable, including community Crime Watch, and action relating to Security. Captain Ganey presented and reviewed a copy of the September Security Report, a copy of which is attached hereto as Exhibit “F”. He stated that 24 constables have been assigned to various schools as resource officers. Captain Ganey reported that there has been a decrease in interest to the police force and is experiencing shortages. Discussion ensued. He then reported on various activity that took place throughout the District.
9. 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 June, a copy of which is attached as Exhibit “G.” Ms. Yanez reported that 98.31% of the District’s 2021 taxes have been collected as of September 31, 2022.
Ms. Yanez presented 4 checks and 2 wires to the Board for review and approval.
Ms. Yanez reviewed the delinquent role.
Upon motion by Director Pogue, seconded by Director Woods, 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.
10. 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 “H.”
Ms. Bailey reviewed the various fund balances.
Ms. Bailey presented checks and deposit refunds for Board approval.
Ms. Bailey reported that the next debt service payment is not due until March 2023.
Ms. Bailey reviewed the schedule of investments through current day.
Ms. Bailey reviewed the Investment report for September with the Board stating that interest rates are slowly rising.
Ms. Bailey reviewed budget information and the budget comparison through September.
Ms. Bailey reported on the Water surface facility with Greenwood and reviewed Parkway Utility District’s portion.
Upon motion by Director Pogue, 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.
11. 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 “I.”
Mr. Maas reported Parkway currently has 2440 active connections.
Mr. Maas reviewed the bill and collections report for August and September with the Board.
Mr. Maas reviewed the production and sales report and stated the District has 95.8% accountability.
Mr. Maas reviewed historical data over a 4 month average.
Mr. Maas stated there were no violations at the wastewater treatment plant.
Mr. Maas presented and reviewed a contract amendment regarding rate adjustments, a copy of which is attached hereto as Exhibit “J.” He stated the hourly rate and operation of plant rates have increased. Mr. Maas stated there is no need for a change to the rate order.
Upon motion by Director Woods, seconded by Director Pogue, 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 termination and fees of delinquent accounts, and to approve the contract update.
12. Engineer’s Report, including review of Engineer’s projects, and capital repairs.
Mr. Bishop presented to and reviewed with the Board the Engineer’s Report, a copy of which is attached as Exhibit “K.”
Mr. Bishop reported on the Sanitary Sewer Rehabilitation Project stating the contractor is working to submit outstanding documentation for work completed to date.
Mr. Bishop reported that the Global New Millennium sanitary sewer line is now complete and final project documentation has been submitted. He stated change order no. 1 reflects a deduction of $10,000 for unused items and pay estimate no. 2 is final and recommends payment. Upon motion by Director Everhart, seconded by Director Woods after a full discussion and the question being put to the Board, the Board voted unanimously to approve change order no. 1, authorize payment of pay estimate no. 2 and final, and accept the project.
Mr. Bishop reported the Global New Millennium lift station stating the geotechnical report has been received and they are integrating existing utilities into the proposed plans while completing the 30% design phase.
Mr. Bishop reported on the Tenaris Coiled Tubes Tract stating the contract has been returned. He recommended proceeding with a wetlands assessment and a phase one environmental site assessment. Upon motion by Director Everhart, seconded by Director Woods after a full discussion and the question being put to the Board, the Board voted unanimously to proceed with the wetlands assessment and phase one environmental site assessment.
Mr. Bishop reviewed an updated summary of cots for the Bond Application report No. 17.
Mr. Bishop reported on Joint Facilities with Greenwood Utility District.
Mr. Bishop stated a construction meeting regarding the surface water transfer facility stating there the motor control center should be received by December 1st with a January project completion date. He presented pay estimate no. 10 and recommend payment. Upon motion by Director Everhart, seconded by Director Woods after a full discussion and the question being put to the Board, the Board voted unanimously to authorize payment of pay estimate no. 10.
Mr. Bishop reported on the Wastewater Treatment Plant expansion project and recommends payment of pay estimate no. 16. Upon motion by Director Everhart, seconded by Director Pogue, after a full discussion and the question being put to the Board, the Board voted unanimously to authorize payment of pay estimate no. 16.
Mr. Bishop discussed Quiddity’s schedule of hourly rates and reimbursable expenses.
He stated there has not been a rate increase since 2020 and changes will go in to effect January 2023.
Mr. Bishop stated no action is needed from the Board at this time.
13. Report from Storm Water Solutions, and take any necessary action. Ms. Sears reviewed a report from Storm Water Solutions, a copy of which is attached hereto as Exhibit “L”. Ms. Sears reviewed photographs of the various ponds throughout the District.
Ms. Sears stated that mowing was competed and all features have been cleaned.
Ms. Sears presented and reviewed a proposal for tree trimming along Stonefield Manor detention pond. She stated that no work has ever previously been completed and there are a total of 590 trees. She stated it would take two crews eight days to complete. Discussion ensued. The Board agreed to table discussion and discuss creating a separate maintenance schedule for the trail systems at next month’s meeting.
Ms. Sears presented and reviewed a proposal for trees, vegetation, and brush removal between fences at Stonefield Manor detention pond. Upon motion by Director Pogue, seconded by Director Everhart, after a full discussion and the question being put to the Board, the Board voted unanimously to accept the proposal.
14. Building Superintendent’s Report. There was nothing to report at this time.
Ms. Villanueva made a public comment at this time. She stated a ribbon cutting ceremony will be held on October 29th for the Van Hut Bridge.
Ms. Villanueva also discussed a service request form and how the precinct is moving to the 311 system.
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 November9,2022.
/s/ Brenda McNeil
President, Board of Directors
ATTEST:
/s/ Ron Everhart
Secretary, Board of Directors
(DISTRICT SEAL)