Meeting Minutes 2023-06-14

MINUTES OF MEETING OF BOARD OF DIRECTORS PARKWAY UTILITY DISTRICT
June 14, 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. A roll call was taken of the persons present:

Brenda McNeil, President
Ron Everhart, Secretary
Gloria Woods, Secretary
Cody Pogue, Investment Officer
Shiwann Simpson, Assistant Secretary

All Directors were present, except Director Simpson, thus constituting a quorum. Also attending all or parts of the meeting were: Ms. Tonya Francis 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. Reginald Wilson and Ms. Meghan Koett of Norton Rose Fulbright US LLP (“NRF”), attorneys for the District; Mr. Jamal Singleton of Direct Waste Solutions; Sgt. Hodges 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 and proceeded with the meeting business

1. Public Comments (2 minutes each).  There were no public comments.

2. Approve the minutes of the meeting on May 10, 2023 Minutes of the regular meeting of May 10, 2023 were previously distributed to the Board and were presented for consideration and approval. 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 approve the minutes.

3. Report from Direct Waste Solutions. Mr. Singleton presented and reviewed the report, a copy of which is attached hereto as Exhibit “B.”

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 regarding the surface water treatment facility project stating it is near completion.  He recommended installing permanent surveillance for the area.

Mr. Syzek provided an update on the walking trails. He stated the granite restoration project is soon to be complete. Mr. Syzek reported Sunrise Pines HOA will be discussing irrigation and tree planting at the Sunrise trail.

Mr. Syzek discussed the new detention pond at C.E. King and Tidwell Road. He stated the District will only have obligations to maintenance the top of the banks. Discussion ensued.

Mr. Syzek reported on the tree grant program from Apache stating he will wait to proceed with an application until irrigation has been finalized with Sunrise Pines HOA.

Mr. Syzek reported on Lift station no. 5 landscape damage from recent storms. He stated he will continue to trim and remove dead foliage.

Mr. Syzek provided an update regarding the Tidwell bridge construction.

Mr. Syzek reported on East Little York Traffic Signalization stating the installation is to help slow down speeding cars.

Mr. Syzek reported on the Water Wise Sponsorship program stating the District received 10,836,000 gallons of groundwater credits.

Mr. Syzek presented a proposal to replace the front and interior doors at the District administration building. He stated the total cost is $12,420. Discussion ensued.

Mr. Syzek discussed a potential memoriam for former Director Al Rettig. He stated the total cost for a dedication plaque and duplicate crystal plaque for the family would cost $1,892.99. Discussion ensued.

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 accept the proposal to replace the doors in the amount of $12,420.

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 proceed with a memoriam for former Director Rettig on the Administration building with a crystal proclamation going to the family in the amount of $1,892.00, and to accept the proposal to replace the doors at the administration building in the amount of $12,420.

Report by Harris County Precinct Three Constable, including community Crime Watch, and action relating to Security. Sgt. Hodge reviewed security statistics for the month of May. A copy of the report is attached hereto as Exhibit “D.” He reviewed various crimes throughout the District.

Mr. Wilson presented and reviewed an Intent to Renew Contract Patrol Program Agreement memorandum, a copy of which is attached hereto as Exhibit “E.” He stated the Board will renew for four deputies at 70% with the new contract going in to effect in October. 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 Intent to Renew Contract Patrol Program Agreement memorandum.

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 April a copy of which is attached as Exhibit “F.” Ms. Yanez reported that 95.33% of the District’s 2022 taxes have been collected as of May 31, 2023.

Ms. Yanez presented 14 checks and 2 wires to the Board for review and approval. She stated two checks were voided and reissued.

Ms. Yanez reviewed the delinquent tax role and report from the delinquent tax attorney, a copy of which is attached hereto as Exhibit “G.” She stated May notices have been distributed to delinquent residents. Discussion ensued regarding various delinquent accounts.

Ms. Yanez stated the District’s preliminary value came in at $574,244,775.

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.

7. Bookkeeper’s Report, Investment Report, payment of bills, and take any necessary action. Ms. Francis reviewed the Bookkeeper’s Report and quarterly investment report, copies of which are attached as Exhibit “G.”

Ms. Francis reviewed the various fund balances.

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

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

Ms. Francis reviewed the Investment report for May with the Board.

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

Ms. Francis reviewed budget information and the budget comparison through May.

Ms. Francis 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.

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 “H.”

Mr. Maas reported Parkway currently has 2440 active connections.

Mr. Maas reviewed the bill and collections report for April and May with the Board.

Mr. Maas reviewed the production and sales report and stated the District has 92.15% 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 a proposal from NTS regarding additional lighting at the administration building totaling $11,400. Extensive discussion ensued regarding the need for additional lighting in various locations around the building. Director Everhart stated he was in favor of all pack lighting at the back of the building, but not in favor of installing lighting at the key pad. 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 proceed with all pack lighting at the back of the building in the amount of $2,500.

Mr. Maas reported on the force main discharge. He proposed to remove the drop structure in the manhole with temporary piping to keep in service, replace internal drop with new piping, and reline the manhole. 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 repairs.

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

Discuss and amend Rate Order and take any necessary action. This item was deferred due to no changes needing to be made to the Rate Order.

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 “I.”

Mr. Bishop reported on Global New Millennium development stating he received updated design plans for the Tidwell Road extension project.

Mr. Wilson presented and reviewed the Joint Participation Interlocal Agreement for the Sierra Ranch Stonefield Terrace Section 3 drainage improvement project and the Joint Interlocal Agreement for the Tidwell Road Basin and Storm Sewer Improvement Project, copies of which are attached here to as Exhibits “J-K.” Upon motion by Director Pogue, seconded by Director Everhart, after full discussion and the question being put to the Board, the Board voted unanimously to approve both interlocal agreements.

Mr. Bishop reported on the Surface Water transfer Facility and recommended payment of pay estimate no. 17. 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 authorize payment of pay estimate no. 17.

Mr. Bishop reported on the surface water transfer facility expansion project stating bids were received and came in under budget.

Mr. Bishop provided an update regarding the waste water treatment plant clearing, grubbing, and detention project. He stated the contractor, Texcon Development, Inc., was overpaid by the District on Pay Estimated No. 2, in the amount of $64,336.23, in November 2020. He also reported there is a 6 inch elevation issue with the upstream storm sewer line constructed that conflicts with CSA’s tie-in. Mr. Wilson stated legal action will be taken with Texcon if they do not correct their work or respond to correspondence. Extensive discussion ensued.

Mr. Bishop reported on the Wastewater Treatment Plant expansion project and recommended payment of pay estimate no. 25. 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 authorize payment of pay estimate no. 25.

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 approve the Engineer’s Report.

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 and discussed services completed and upcoming services needed.

Ms. Villanueva spoke at this time regarding the North East Trail Study. President McNeil inquired which trail was selected. Ms. Villanueva stated a specific trail has not been chosen at this time for there is a lack of funding. Discussion ensued.

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 July 12, 2023.

President, Board of Directors

ATTEST:
Secretary, Board of Directors

(DISTRICT SEAL)