Meeting Minutes 2021-10-13

PARKWAY UTILITY DISTRICT MINUTES OF BOARD REGULAR MEETING

OCTOBER 13, 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 October 13, 2021 via videoconference and teleconference. A roll call was taken of the persons present:

Brenda McNeil, President
Alphonso (“Al”) Rettig, Vice President
Ron Everhart, Assistant Secretary
Gloria Woods, Director
Vacancy

All members of the Board for Parkway Utility District (“PUD”) 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. Kaci Schlachter and Mr. Jeffery Bishop, 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; Mr. Josh Maas with M. Marlon Ivy & Associates (“MMIA”), operators for the District; Mr. Jamal Singleton with Direct Waste Solutions; Captain Ganey of Harris County Precinct 3 Constable’s Office; and Ms. Leslie Bacon and Ms. Meghan Koett of Norton Rose Fulbright US LLP (“NRF”), attorneys for the District; and Mr. John Howell with The GMS Group, financial advisor for the District.

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. Ms. Koett called the meeting to order. She 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. 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. She then proceeded with the meeting business:

1. Authorize teleconference meeting: Board finding of existence of emergency or public necessity making the convening at one location of a quorum of the government body difficult or impossible and permitting a meeting by teleconference pursuant to Section 551.125 of the Texas Open Meetings Act. 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 find the existence of an emergency or public necessity, i.e., Delta variant of COVID-19, making the convening at one location of a quorum of the government body difficult or impossible and permitting a meeting by teleconference pursuant to Section 551.125 of the Texas Open Meetings Act.

2. Convene Public Hearing on Proposed Tax Rate for 2021. There were no members of the public on the call so the President formally closed the hearing.

3. Adopt Order Setting Tax Rate and Levying Tax for 2021. Ms. Bacon presented and reviewed the Order Setting Tax Rate and Levying Tax, a copy of which is attached hereto as Exhibit “B.”

Mr. Howell reminded the Board a total tax rate of $0.71 was published which is the highest tax rate the District is able to set. Discussion ensued.

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 adopt the Order Setting Tax Rate and Levying Tax for 2021, with a total rate of $0.71 consisting of $0.49 for debt service and $0.22 for maintenance and operation expenses.

4. Approve Amended District Information Form. Ms. Bacon presented and reviewed the Amended District Information Form, a copy of which is attached hereto as Exhibit “C.”

Upon motion by Director Woods, seconded by Director Rettig, 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.

5. Public Comments. There were no public comments.

6. Approve the minutes of the meeting on September 8, 2021. Minutes of the regular meeting of September 8, 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.

7. Report from Direct Waste Solutions. Mr. Singleton reviewed the Direct Waste Solutions Report which was previously distributed, a copy is attached as Exhibit “D.”

Mr. Singleton reported that recycling volume totaled 11.25 tons which equates to 2.8 tons per week over four service recycling days in September.

Director Rettig inquired about placing door hangers on residents homes that are not placing trash out at the appropriate times. Mr. Singleton stated he will survey the area and notify the drivers to tag items that are not collected.

President McNeil stated residents are not bundling tree limbs and need to be notified.

Mr. Singleton stated will notify the drivers to tag the items so the residents are aware.

8. 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 “E.”

Mr. Syzek reported on the Lower Greens Bayou Feasibility study workshop that took place on September 20th and reviewed a summary of the presentation.

Mr. Syzek reported on Houston Parks Board stating they are surveying communities to see if there is a need for a park or connection points. Mr. Syzek reviewed a map of connectivity opportunities in the District.

Mr. Syzek reported that the next Harris County Prescient 1 Northeast Trails Exploration focus group will occur on October 28th.

Mr. Syzek discussed designating an official name for the waking trail next to the District Administration Building. He stated it is now currently names “Lorenzo’s Trail”. Mr. Syzek provided possible names for the trail. He suggested including “resilience” in the name due to the District constantly rebuilding. Discussion ensued.

Mr. Syzek reported on the Stonefield Terrace Community Park.

Mr. Syzek provided a general status update regarding the Joint Wastewater Treatment Plant Construction project.

9. Discuss formally naming the trail next to the District Administration Building and take any necessary action. This item was discussed in detail during the General Manager’s report.

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 name the trail Resilience Trail.

10. 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 September 2021 which was previously distributed, a copy of which is attached as Exhibit “F.” Captain Ganey reported on various activity throughout the month. He stated he is continuing with the aggressive driving task force.

President McNeil discussed resident complaints regarding traffic issues in Sunrise Pines. She inquired about installation of signs that warn drivers of their speed and children at play. Captain Ganey stated will reach out to precinct one regarding signs.

President McNeil inquired about the installation of general security signage around various locations in the District. Security Signage around various locations in the District. Captain Ganey stated he has signs that can be posted at no cost to the District.

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 security report and authorize posting of security signs throughout the District.

11. 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 September, a copy of which is attached as Exhibit “G.” Ms. Yanez reported that 98.94% of the District’s 2020 taxes have been collected as of September 30, 2021.

Ms. Yanez presented 9 checks and 2 wires to the Board for review and approval. Ms. Yanez reported that checks 2288-2290 were misprinted and voided.

Ms. Yanez reviewed the delinquent tax role and provided an update on delinquent accounts from the delinquent tax attorney report, a copy of which is attached hereto as Exhibit “H.”

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 approve the Tax Assessor and Collector’s Report.

12. 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 “I.”

Ms. Bailey reported that checks 11578-11648 were written in prior months.

Ms. Bailey reported on capital projects fund disbursements.

Ms. Bailey reported that the debt service payment was made on September 1, 2021 and the next payment is not due until March 1, 2022.

Ms. Bailey reviewed the schedule of investments through current day. Ms. Bailey reviewed the Investment report for September with the Board. Ms. Bailey reviewed 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 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.

13. 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 “J.”

Mr. Maas reported Parkway currently has 2439 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 92.05% 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 reported that a resident is requesting credit to their water bill. He stated that this resident had no leak detected but used 56,000 gallons for the month in question. Mr. Maas reported that the usage has gone back down and the resident is requesting to average their water bill.

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 termination and fees of delinquent accounts and to credit the resident’s account for their average bill.

14. 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 digging is to begin in the next couple of weeks and the project will be complete in June 2022.

Mr. Bishop reported on the Lift station 2 project stating the project is staying on schedule and making good progress.

Mr. Bishop reported on the potential annexation of Sunrise Plastics. He stated he is proceeding with the annexation application and is 75% complete. Mr. Bishop also stated that a public water line will be required.

Mr. Bishop reported on Global New Millennium stating a lift stating and force main will need to be constructed prior to service being provided. Mr. Bishop stated he recommends the District proceed with the project and reimburse the operating funds from Bond proceeds following the bond sale. Discussion ensued. 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 authorize design of the sanitary sewer extension.

Mr. Bishop stated he is working on setting up a meeting to discuss future options regarding the Hornberger Tract.

Mr. Bishop reported on the Bond Application Report no. 17 stating the unknown cost for the water plant site is too large which is why he is unable to give a cost summary at this time.

Mr. Bishop stated the owner of Sesco Cement Company decided not to proceed with the feasibility study.

Mr. Bishop reported that there is no update at this time regarding Harris County Toll Road Authority request for services.

Mr. Bishop reported he is currently preparing the emergency response plan for the America’s Water Infrastructure Act.

Mr. Bishop reported on Joint Facilities with Greenwood Utility District. Mr. Bishop stated an approved schedule for the surface water transfer facility. He reported that the 16 inch waterline along Tidwell Road project should be completed soon. Mr. Bishop reported that a few repairs are still needed at the detention pond. Lastly, Mr. Bishop stated the wastewater treatment plant expansion project is running smoothly and payment is recommended for pay estimate no. 5 with Parkway’s share at $212,494.50. motion by Director Woods, seconded by Director Rettig, after full discussion and the question being put to the Board, the Board voted unanimously to authorize payment of pay estimate no. 5.

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 accept the engineer’s report.

15. 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 “L.” Ms. Sears reported on maintenance in the detention ponds and reviewed photos of the various ponds.

Ms. Sears reported that the nutria damage in Sunrise Pines has not been completed due to the amount of rain received.

Ms. Sears stated five homes need to be notified regarding the intent to take down or trim back trees on the property. She reviewed a proposed letter to be sent to the residents, a copy of which is attached hereto as Exhibit “M.” Ms. Sears stated the cost to remove all trees will be $2,700 and a proposal will be presented at next month’s meeting. Discussion ensued.

16. Building Superintendent’s Report. Director Rettig inquired about when in person meetings are to occur. Ms. Bacon provided an explanation regarding meetings moving forward. Discussion ensued regarding the location of the November meeting and the Board decided to continue to meet virtually.

Director Woods inquired about a generator for the building. Mr. Bishop stated he will look in to repurposing the generator that was taken out of lift station no. 2.

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 November 10, 2021.

/s/ Brenda McNeil

President, Board of Directors

ATTEST: /s/ Ron Everhart

Secretary, Board of Directors

(DISTRICT SEAL)