PARKWAY UTILITY DISTRICT MINUTES OF BOARD SPECIAL MEETING
JUNE 30, 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 special session, at 1:00 p.m. on June 30, 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 were present, thus constituting a quorum. Also attending all or parts of the meeting were Mr. Gary Syzek of Systems Project Management, General Manager for the District; and Mr. and Mr. Reginald Wilson and Ms. Meghan Koett of Norton Rose Fulbright US LLP (“NRF”), attorneys for the District.
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. Ms. Koett called the meeting to order. She 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. She 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. She noted that the meeting was being recorded and a recording would be available upon public request. Ms. Koett 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. Mr. Syzek provided an update on the Lower Greens Bayoupresentation stating the ponding in the ditch at Sierra Ranch is on their radar.
2. Discuss District Consultants and take any necessary action. President McNeilexpressed her concerns with the numerous change orders received from the engineers regarding the Lift station 2 project. She stated that there also has recently been an issue regarding incorrect drawings by A&S Engineering and the contractor not having enough material which causes her concern.
Director Rettig expressed his concern with lack of experience from ZuesCon, LLC regarding the Lift station 2 project. He also stated he doesn’t think the Board is given enough time to process information and is pressured in to making decisions day of meeting.
Director Everhart expressed his concerns regarding the Engineering firmas a whole. He also inquired about the legal standpoint the District has when the estimate changes significantly in price. Mr. Wilson stated he would need to review the contract regarding force majeure with cost of materials and labor. He also recommended speaking with the engineer to discuss how the number of components were off. Mr. Wilson stated that all contracts state that Jones & Carter is to review all plans and specifications.
President McNeil inquired about documentation regarding the 2020 estimate of costs. Mr. Wilson stated that there is no formal documentation regarding 2020 estimates.
Mr. Wilson provided clarification on the various contracts. He stated the surface water facilities contract was set to expire In January 2019 and was amended in 2017. He stated the amended agreement is dated from 2017 to 2037. Mr. Wilson also stated that when bids are received they are held for 60 days, per the District’s engineer, and the Board is able to wait to make a decision for up to two months without the bid tabulation changing. President McNeil expressed her frustrations with Greenwood Board making decisions first and then Parkway Board feeling pressured to move forward with approval.
Director Woods stated she feels the Board needs to hold the engineer accountable for they are the ones the Directors look to for expertise and knowledge.
Mr. Syzek stated that the current engineer is hands on and has been out in the field often.
Discussion ensued on how to proceed with the contractor on the Lift station 2 project. President McNeil stated if proceeding with ZuesCon, LLC she wants to ensure the engineer will be on site to oversee the project.
Discussion ensued regarding possible redaction of motions and contracts.
The Board scheduled a special meeting for July 8, 2021 at 6:15 p.m. to discuss contractors and engineering matters.
3. 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 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 2:45 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. Wilson, Ms. Koett, and Mr. Syzek.
4. Convene in public session. Upon motion by Director Balderas, seconded by Director Rettig, after full discussion and the question being put to the Board, the Board voted unanimously to enter into public session at 3:36 p.m. Ms. Koett checked to see if any members of the public wanted to enter the meeting but no one was there. There were no motions to be made.
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 July 14, 2021.
President, Board of Directors
/s/ Brenda McNeil
ATTEST: /s/ Jennifer Balderas
Secretary, Board of Directors