Meeting Minutes 2023-01-11

MINUTES OF MEETING OF BOARD OF DIRECTORS PARKWAY UTILITY DISTRICT
January 11, 2023

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 January 11, 2023 and via videoconference and teleconference. A roll call was taken of the persons present:

Brenda McNeil, President
Ron Everhart, Secretary
Cody Pogue, Assistant Secretary
Gloria Woods, Director
Vacancy

All Directors, were presented in person, 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 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. Charles Graham, and Ms. Meghan Koett of Norton Rose Fulbright US LLP (“NRF”), attorneys for the District; Ms. Glenda Benoit, Mr. Albert Benoit, Ms. Regina Pearrie, Mr. Craig Randall, and Ms. Shiwann Simpson residents of the District; Sgt. Landon McDonald, Sgt. Hodge, Deputy Gomez, and Sgt. Berry of Harris County Precinct 3 Constable’s Office; and Mr. Jamal Singleton of Direct Waste Solutions.

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. Graham 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 (2 minutes each). Mr. Benoit addressed the Board about children’s inability to cross the street safely due to traffic and lack of patrol. President McNeil stated she is waiting for a response from Captain Ganey and will provide an update once received. She stated it is a work in progress.

Ms. Benoit expressed her concern with the lack of visibility from the constables. concern with the officers. President McNeil stated the constables actively patrol and the security report that is reviewed each month’s reflects their activity. Sgt. McDonald stated that Parkway is the biggest and busiest contract with the most calls. He said if a constable is not visible, it does not mean he is not working. Ms. Benoit stated she wants to see the security report each month. Ms. Koett informed her all reports are posted to the District website.

Ms. Pearrie commended the Operator for the quick response time to a leak occurring at a vacant house.

Mr. Randall inquired why he wasn’t receiving updates regarding the meetings. Ms. Koett stated the agenda for the meetings are posted to the District website and within the District. Mr. Randall stated there is a continued traffic concern on Fern Forest Drive and would like constables to patrol the area more often.

2. Approve the minutes of the meeting on December 14, 2022. Minutes of the regular meeting of December 14, 2022 were previously distributed to the Board and were presented for consideration and approval. Upon motion by Director Woods, seconded by Director Pogue, 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.” He stated that due to the holidays, there has been an increase in recyclables and trash volumes.

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 provided an update on Resilience Trail stating around 400 trees were trimmed and the growth between the fences has been cleared. Discussion ensued.

Mr. Syzek provided an update regarding the Sunrise Pines Walking Trail stating construction is complete and the temporary irrigation line should be removed soon.

Mr. Syzek reported on how the facility operated during the December artic freeze. He stated any issues were quickly addressed and a notice was posted to the District website regarding freeze warnings.

Mr. Syzek provided an update regarding the monthly WWTP Contractor and Engineer Meeting.

Mr. Syzek provided an update regarding the Stonefield Liquor Waterline Vandalism incident stating the cage system has been reinforced on the backflow preventor. Sgt. McDonald stated this incident is an ongoing investigation.

5. Report by Harris County Precinct Three Constable, including community Crime Watch, and action relating to Security. Sgt. Landon McDonald presented and reviewed a copy of the December Security Report, a copy of which is attached hereto as Exhibit “D.” and reported on various activity that took place throughout the District. Sgt. McDonald introduced the other constables in attendance at this time.

6. 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 December a copy of which is attached as Exhibit “E.” Ms. Yanez reported that 46.05% of the District’s 2022 taxes have been collected as of December 31, 2022.

Ms. Yanez presented 9 checks and 2 wires to the Board for review and approval.

Ms. Yanez reviewed the delinquent tax role.

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 approve the Tax Assessor and Collector’s Report.

7. Adopt Order Authorizing Exemptions from Taxation. Mr. Graham presented and reviewed the Order Authorizing Exemptions from Taxation, a copy of which is attached hereto as Exhibit “F.”

Upon motion by Director Woods, seconded by Director Everhart, after a full discussion and the question being put to the Board, the Board voted unanimously to adopt the order.

8. Adopt Resolution authorizing Additional Penalty on Taxes, Penalty and Interest remaining delinquent on April 1st (personal property) and July 1st (other property). Mr. Graham presented and reviewed the Resolution Authorizing Additional Penalty on Delinquent Taxes, a copy of which is attached hereto as Exhibit “G.”

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 adopt the resolution.

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 “H.”

Ms. Bailey reviewed the various fund balances.

Ms. Bailey presented checks and deposit refunds for Board approval.

Ms. Bailey reported that check no. 1878 was issued to a resident as a refund due to the original being lost in the mail.

Ms. Bailey reported that the next debt service payment is not due until March 1, 2023.

Ms. Bailey reviewed the schedule of investments through current day.

Ms. Bailey reviewed the Investment report for December with the Board.

Ms. Bailey reviewed budget information and the budget comparison through December.

Ms. Bailey reported on the Water surface facility with Greenwood and reviewed Parkway Utility District’s portion.

Director Everhart inquired about any progress on the potential Sunrise Plastics annexation. Mr. Bishop stated the annexation is currently at a standstill and no progress will be made until additional documentation is received.

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 approve the bookkeeper’s report.

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 “I.”

Mr. Maas reported Parkway currently has 2440 active connections.

Mr. Maas reviewed the bill and collections report for November and December with the Board.

Mr. Maas reviewed the production and sales report and stated the District has 90.93% accountability.

Mr. Maas reported that the Harris-Galveston County Subsidence District Permit has been amended for a total of 84 million additional gallons. He stated at this time the District has 15 million gallons remaining before the permit renews in February.

Mr. Maas reviewed historical data over a 4 month average.

Mr. Maas stated there were no violations at the wastewater treatment plant.

Mr. Maas provided an update regarding the freeze that occurred in December. He stated all facilities were closing monitored and multiple issues were responded to. Mr. Maas reported that an old GST panel is leaking and NTS will repair the leak without taking the tank offline.

Mr. Maas stated that all fire hydrant repairs have been completed and are fully operational.

Mr. Maas reported that ragging of the pumps are occurring at the lift station and he is looking in to vector work.

Mr. Maas briefly discussed the issues that recently occurred at the WWTP and the SWP. He stated all equipment to clean the well screens has been received and the pumping equipment has been ordered. He stated this is a work in progress. Discussion ensued.

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 accept the Operator’s Report, and to proceed with termination and fees of delinquent accounts.

President McNeil stated she wants MDS representatives to attend the next meeting to discuss issues that occurred at the WWTP and SWP.

11. Receive and approve Engineer’s Report, including approval of pay estimates and authorize action relating to plans and projects, including conveyances of real property and/or District facilities. Mr. Bishop presented to and reviewed with the Board the Engineer’s Report, a copy of which is attached as Exhibit “J.”

Mr. Bishop reported on Global New Millennium Development stating plans for the overall site have not been received, but should be ready for review by the end of the first quarter.

Mr. Bishop reported on the Tenaris Coiled Tubes Tract stating that due to legal concerns with the title report, closing has been pushed back. He stated there is an overlapping CenterPoint easement. Mr. Bishop reported on Bond Application Report No. 17 and Surplus Funds Application stating approval should be given early February.

Mr. Bishop presented two cost estimates to replace the granite at the Stonefield Manor detention basin walking trail. He stated it is in the District’s best interest to consult with a landscape architect, but a rough estimate of cost is $550,000 to replace the entire trail with concrete. Mr. Bishop explained that a portion of the trail is asphalt, and without replacing that section, the total cost would be around $400,000. The Board agreed not to make a decision at this time.

Mr. Bishop reported on the surface water transfer facility and recommends payment of pay estimate no. 14. He stated the MCC has been delivered and will be installed tomorrow. 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 authorize payment of pay estimate no. 14.

Mr. Bishop reported on the surface water transfer facility expansion project stating he has received and reviewed the plans.

Mr. Bishop reported on the Wastewater Treatment Plant Expansion Project stating he recommends payment of pay estimate no. 20. 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. 20.

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 Engineer’s Report.

12. 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 “K”. Ms. Sears reviewed photographs of the various ponds throughout the District and discussed services completed and upcoming services needed.

13. Report on Eminent Domain Filing. Mr. Graham stated the eminent domain filing has been completed and requires no action at this time.

14. Discuss Director Emails and take any necessary action. President McNeil reviewed an email from the website provider explaining the need to upgrade email services. She stated emails can be upgraded to gmail through the website provider for $25 a month. Discussion ensued regarding the importance of keeping District emails separate from personal emails. President McNeil requested the website provider attend the next meeting to provide more details and answer any questions.

15. Discuss and appoint new Board of Director for the District. Mr. Graham stated there are two members of the public who ae interested in filling the vacant position on the Board. Ms. Simpson introduced herself and expressed her interest in joining the Board. Then Mr. Randall introduced himself and expressed his interest in joining the Board.

16. Executive session pursuant to Section 551.071, Texas Gov’t Code, to confer with attorney regarding matters where the duty of the attorney to the Board requires confidentiality. Upon motion by Director Everhart, seconded by Director Pogue, after full discussion and the question being put to the Board, the Board voted unanimously to enter into Executive Session at 7:51 p.m. pursuant to Section 551.071 Texas Gov’t Code, to discuss a matter in which the duty of the governmental body under the Rules of Professional Conduct requires confidentiality. At this time all persons left the meeting, except the Board members, Mr. Graham, and Ms. Koett.

17. Convene in public session. 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 enter into public session at 7:56 p.m. Mr. Graham checked to see if any members of the public wanted to enter the meeting. Ms. Simpson, Mr. and Mrs. Benoit, and Mr. Randall re-entered the meeting.

18. Motions. 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 appoint Ms. Simpson as Director of Parkway Utility District.

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 reject the settlement offer and authorize the attorney to send a response letter.

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 February 8, 2023.

President, Board of Directors

ATTEST:
Secretary, Board of Directors

(DISTRICT SEAL)