MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS PARKWAY UTILITY DISTRICT
June 21, 2023
THE STATE OF TEXAS §
COUNTY OF HARRIS §
PARKWAY UTILITY DISTRICT §
The Board of Directors (the “PUD Board”) of Parkway Utility District (the “District”) met in a special session jointly with Greenwood Municipal Utility District Board of Directors (“GUD Board”) (collectively the “Boards”) at 6:30 p.m. on June 21, 2023, at 11702A Tidwell Rd, Houston, TX 77044. 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 members of the Board were present, except Directors Everhart and Simpson. All members of the Board for Greenwood Utility District (“GUD”) were present, thus constituting a quorum. Also attending all or parts of the joint meeting were Mr. Reginald Wilson and Ms. Meghan Koett of Norton Rose Fulbright US LLP (“NRF”), attorneys for the District; Mr. Bill Blitch of Blitch Associates, Inc., (“Advisor”) financial advisor for GUD, Mr. Mark Miller of Municipal Accounts & Consulting L.P.; (“MAC”), bookkeeper for GUD; Mr. Camerson Brown of Assessments of the Southwest “ASV'”) tax assessor/collector for GUD; Mr. Johnny Bellamy of Municipal District Services ( “MDS”), operator for GUD; Mr. Ronald Anderson III and Mr. Matt Gilliam of A&S Engineers, Inc. (“A&S”), engineer for GUD; Captain Terry Ganey of Harris County Constable’s Office, Precinct No. 3 (the “Constable”); Mr. Gilbert Guerra of OFS Solid Waste; Ms. Stephanie Villanueva, of Harris County Precinct 1; Mr. Elliot, Mr. Campbell Colyer, and Ms. Kathryn Cain, of Radcliffe Bobbitt Adams Polley PLLC (“RBAP”), attorney for GUD.
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. Barner called the meeting to order and then proceeded with the meeting business:
1. Public Comments. There were no public comments.
2. Update on facilities jointly owned with Greenwood Utility District, including:
A. Discuss Texcon Matter and take necessary action. Mr. Anderson provided an update regarding the waste water treatment plant clearing, grubbing, and detention project. He stated the contractor, Texcon Development, Inc., was overpaid by Parkway UD 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. Barner stated the contract is not closed and Texcon’s failure to respond and address the issue to complete the project is a breach of contract and recommends sending a demand letter. Mr. Wilson stated Parkway UD is in agreeance with sending a demand letter. He stated that moving forward, the District’s bookkeeper will submit payments to Greenwood UD and Greenwood UD will submit payments to the contractor.
President McNeil expressed her frustration with the errors made. She inquired why an engineer did not ensure the work was done correctly. Mr. Anderson stated inspectors do not typically complete a survey of the line unless a major issue is detected. He stated that an inspection does not pick up on 6 to 8 inches and only a survey would’ve detected the issue which would have added additional costs.
Upon motion by Director Woods, seconded by Director Pogue, after a full discussion and the question being put to the PUD Board, the Board voted unanimously to authorize legal to prepare a demand letter. Upon motion by Director O’Neill, seconded by Director Primeaux, after a full discussion and the question being put to the GUD Board, the Board voted unanimously to authorize legal to prepare a demand letter
B. Update on Regional Wastewater Treatment Facilities (“RWWTF”), including:
i. Update on status of RWWTF Expansion Project, including site clearing, grubbing, and detention. Mr. Anderson provided an update regarding the RWWTF Expansion project and recommended payment of pay application no. 25. Upon motion by Director Guerra, seconded by Director O’Neill, after a full discussion and the question being put to the GUD Board, the Board voted unanimously to authorize payment of pay application no. 25. The PUD Board approved pay application no. 25 at their regular June meeting.
ii. Update on status of RWWTF Outfall. There was nothing to report on at this time.
iii. Review operations, including status of use of permitted capacity. There was nothing to report on at this time.
C. Update On Surface Water Transmission Facility (“SWTF”), including:
i. Update on status of SWTF Project. Mr. Anderson provided an update regarding construction and recommended payment of pay application no. 17. Upon motion by Director O’Neill, seconded by Director Hall, after a full discussion and the question being put to the GUD Board, the Board voted unanimously to authorize payment of pay application no. 17. The PUD Board approved pay application no. 17 at their regular June meeting.
Mr. Anderson stated three bids were received in regards to the SWTF expansion project and he recommends awarding bid to Gemini. Upon motion by Director Pogue, seconded by Director Woods, after a full discussion and the question being put to the PUD Board, the Board voted unanimously to award bid to Gemini and authorize issuing a notice to proceed. Upon motion by Director Primeaux, seconded by Director Hall, after a full discussion and the question being put to the GUD Board, the Board voted unanimously to award bid to Gemini and authorize issuing a notice to proceed.
ii. Review operations, including discuss surface water consumption. There was nothing to report on at this time.
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 12, 2023.
President, Board of Directors
ATTEST:
Secretary, Board of Directors
(DISTRICT SEAL)