PARKWAY UTILITY DISTRICT MINUTES OF BOARD REGULAR MEETING
NOVEMBER 11, 2020
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 November 11, 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; 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; Ms. Katherine Vu and Mr. Bradley Jenkins of Jones|Carter (“JC”), engineers for the District; Mr. Gary Syzek of Systems Project Management, General Manager for the District; Ms. Karen Sears of Storm Water Solutions; Lieutenant Terry Ganey of Harris County Precinct 3 Constable’s Office; Mr. Reginald Wilson and Ms. Meghan Koett of Norton Rose Fulbright US LLP (“NRF”), attorneys for the District; and Mr. Josh Maas and Mr. Marlon Ivy with M. Marlon Ivy & Associates (“MMIA”), operators for the District; Ms. Mary DuBois with Acclaim Energy, and Mr. Jamal Singleton, with Direct Waste Solutions.
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. Ms. Dubois clarified paperwork regarding the street lights. She stated it has been added under the current contract and added to the aggregation contract with is effective June 1, 2021.
2. Minutes of previous meeting(s). Minutes of the regular meeting of October 14 2020 and of the special meeting of October 28, 2020, were previously distributed to the Board and were presented for consideration and approval. Upon motion by Director Rettig, seconded by Director Everhart, after full discussion and the question being put to the Board, the Board voted unanimously to approve the minutes of the regular meeting of October 14, 2020, and of the special meeting of October 28, 2020 as presented.
3. Report from Direct Waste Solutions. . President McNeil recognized Mr. Singleton, who reviewed and presented the Direct Waste Solutions Report, a copy is attached as Exhibit “B.”
Mr. Singleton reported there were 5 recycling days this past month and almost 2 pounds of recycling per home.
President McNeil inquired about heavy trash. Mr. Singleton provided examples of what is considered heavy trash. He stated that construction debris does not constitute as heavy trash and the construction company is responsible for that clean up.
4. Report by Harris County Precinct Three Constable, including community Crime Watch, and action relating to Security. Lieutenant Ganey presented and reviewed with the Board the Security report for the Month of October 2020, a copy of which is attached as Exhibit “D.”
Discussion ensued regarding home doorbell security cameras. Director Rettig inquired if there was a specific type of camera necessary to use. Lieutenant Ganey stated that most doorbell camera’s will link to an alarm company.
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 reported on the Tidwell road street light installation. He stated the lights have been installed and reviewed pictures of the lights.
Mr. Syzek reported on the various detention pond maintenance and up keep.
Mr. Syzek reported on the tree pruning at Sunrise Pines. Director Everhart stated that the willow tree is not on resident property. Mr. Syzek stated the tree is encroaching on the resident’s fence line. Ms. Sears stated she will reach out to the resident and put together a quote to either trim or remove the tree.
Mr. Syzek reported on the pipe gate at the lift station at Sunrise Pines. He stated the post has been fixed and the bollards are working well. He stated the warning sign had been stolen, but has since been reinstalled.
Mr. Syzek reported on tree trimming at the walking trail. He stated that 300 trees have been trimmed.
Mr. Syzek reported on the Rutherford Apartment Complex. He stated at this time there are no occupants.
Mr. Syzek reported on the Forest Park Apartment Complex. He stated that most repairs have been completed with a few items left to complete from Harvey.
Mr. Syzek reported on the Wastewater Treatment Plant. He stated the detention pond will no longer be available due to the lift pump expansion. He said a 5th lift pump has been added to keep up with heavy flows.
Mr. Syzek reported on the Tidwell road expansion. He stated that cranes are working on a new bridge and it is a year and half away from completion.
Extensive discussion ensued regarding overflow of water and concerns for not having an overflow pond.
Mr. Syzek reported that the Greens Bayou Corridor Celebration has been cancelled this year due to COVID-19.
Mr. Syzek reported on the Water Wise Program. He stated the presentation will be virtual and include a water lab test. Mr. Syzek said that should the District want to participate they would sponsor 140 4th grade students for a total of $5,104.40. Mr. Syzek stated that participation in the program gives the District additional gallons of groundwater credits.
Extensive discussion ensured between the Board members regarding their preference on participating in the program. Director Balderas and Director Everhart stated the District should table consideration of the program and revisit at a later 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 October, a copy of which is attached as Exhibit “E.” Ms. Yanez reported that 0.04% of the District’s 2020 taxes have been collected as of October 31, 2020.
Ms. Yanez presented 10 checks and 2 wires to the Board for review and approval.
Ms. Yanez stated that check 2165 is a voided check.
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 Tax Assessor and Collector’s Report.
7. 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 “F.”
Ms. Bailey reported that the debt service fund had a small amount of interest.
Ms. Bailey reported that deposit refunds start at check 11041.
Ms. Bailey reported on a check that was returned in the amount of $18,000.00. She stated that The money has been recollected and is in good standing.
Ms. Bailey reported that the next debt service payment is March 1, 2021.
Ms. Bailey reviewed the Investment report for October with the Board.
Ms. Bailey reviewed the budget comparison through October. She stated there is a surplus of $415,975.
Ms. Bailey reported on the Water surface facility with Greenwood and reviewed Parkway Utility District’s portion.
Upon motion by Director Rettig, seconded by Director Everhart, after full discussion and the question being put to the Board, the Board voted unanimously to approve the Bookkeeper’s Report, to authorize payment of checks to the persons, and for the purposes listed therein.
8. 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 G”.
Mr. Maas reported Parkway currently has 2439 active connections.
Mr. Maas reviewed the bill and collections report for September and October with the Board.
Mr. Maas reviewed the production and sales report and stated the District has 94.4% accountability.
Mr. Ivy stated that there have been no shut off of delinquent accounts at this time. He said that there are 56 accounts over 120 days delinquent and 37 accounts over 90 days delinquent. Mr. Wilson recommends setting a dollar amount to resume shut offs or to resume shut offs at the start of 2021. Mr. Maas recommends setting a threshold at $500 and to give authority to shut off and offer payment plans to avoid termination.
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 MMIA to reach out to customers with bills outstanding above $500 to start payment plans and revisit in January 2021 to discuss terminations.
Mr. Maas stated there was an issue with a motor at Lift Station No. 2. He stated that it has been pulled for repairs and he will provide an update when he receives more information.
Upon motion by Director Rettig, seconded by Director Everhart, 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 providing door hangers to promote communication between the resident and the operator.
9. Discuss water conservation and the Water Wise Program, and take any necessary action. This item was discussed in agenda item number 5 and has been tabled.
10. 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 H.”
Mr. Jenkins recommends payment of Pay Estimate Number 22 in the amount of $95,896.02 and to approve the certificate of substantial completion. Upon motion by Director Balderas, seconded by Director Everhart, after a full discussion and the question being put to the Board, the Board voted unanimously to approve Pay Estimate Number 22 and the certificate of substantial completion.
Mr. Jenkins reported on the sanitary sewer rehab. He said that the remainder of the project has been postponed until the Waste Water Treatment Plant bid.
Mr. Jenkins reported on the Lift station 2 project. He stated 30% plans have been complete this week. Mr. Jenkins stated that the City of Houston has requested a recorded access easement through the church parking lot to the lift station. He said he is preparing the description and will forward to Mr. Wilson to review with the conveyance document to give to the church.
Mr. Jenkins stated a representative from Sunrise Plastics has reached out. He said they are planning to submit additional funds to proceed with annexation and the District should be seeing the funds in the near future.
Mr. Jenkins reported on Global New Millennium and the District’s involvement with the detention pond. He stated that Global New Millennium did not include access to the pond in their legal description of the pond. Mr. Jenkins stated he is waiting to receive the updated legal description.
Mr. Jenkins reported on the water well permit. He stated the district is permitted to pump 34.4 million gallons and currently the District is within 5 to 6 million of going over. He said the permit should be approved soon.
Mr. Jenkins reported that he is working to complete the request to rerate the waste water plant. He stated if approved, the District would be able to serve the undeveloped property outside the District’s boundaries.
Mr. Jenkins reminded the Board that Greenwood has agreed they owe overage to Parkway.
Mr. Jenkins reported on the emergency preparedness plan stating it is working to be updated. Mr. Jenkins said that other items will need to be discussed within the next couple of months regarding requirements.
Mr. Jenkins reported on expansion alternatives. Discussion ensued regarding a package plant. Mr. Jenkins stated he will inquire about purchasing the Greenwood package plant design and will present numbers at next month’s meeting.
Mr. Jenkins reported on the joint facilities between Parkway Utility District and Greenwood Utility District.
Mr. Jenkins reported on the Wastewater Treatment Plant clearing, grubbing, and detention. He recommends payment of Pay Estimate Number 1 in the amount of $213,185.34 with Parkway’s portion being half of that amount. Upon motion by Director Rettig, seconded by Director Everhart, after a full discussion and the question being put to the Board, the Board voted unanimously to approve payment of Parkway’s portion of Pay Estimate Number 1.
Mr. Jenkins stated that Greenwood Utility District’s engineer is currently advertising the project, and plans to hold a mandatory pre-bid meeting on November 5th. He stated that bids will be received on December 3, 2020.
Mr. Jenkins stated that Hach had installed flow meters and the report is not available as of yet. He stated that once received he will review at the next meeting.
Mr. Jenkins discussed oversite of construction facilities. Mr. Jenkins stated that a monthly cost for a weekly site visit with the construction engineer would be around $7,000 per month. The Board decided to table this discussion and revisit at the next month’s meeting.
Upon motion by Director Rettig, seconded by Director Balderas, after a full discussion and the question being put to the Board, the Board voted unanimously to approve the Engineer’s Report.
13. 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 “I”.
Ms. Sears reported on maintenance in the detention ponds.
Ms. Sears discussed outfalls and stated that there are 10-12 that need to be repaired. She said that a proposal will be brought forth at the next meeting.
Ms. Sears stated that the herbicide treatment along the fence has been completed. She stated the plan is to clean up after the growing season ends.
Ms. Sears reported there are possible irrigation leaks around the District. She stated she will look more in to what is going on and report back.
12. Amend Rate Order. Mr. Wilson discussed the potential to amend the rate order to give Parkway Baptist Church its own separate category. Mr. Maas stated that he will perform a rate study and discuss potential rates at next month’s meeting.
13. Authorize auditor to prepare audit for fiscal year ended December 31, 2020. This item was tabled for this meeting and will be discussed at the December meeting.
14. Building Superintendent’s Report. Director Rettig stated that he has received calls regarding holding meeting in the administration building. He stated that he is urging residents to stay home and not use the facility. Mr. Wilson recommended stating that the District is following the guidance of Harris County.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, the meeting was adjourned.
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The foregoing minutes were passed and approved by the Board of Directors on December 9, 2020.
President, Board of Directors
Secretary, Board of Directors