Meeting Minutes 2023-08-09

MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS PARKWAY UTILITY DISTRICT
August 9, 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; Captain Ganey of Harris County Precinct 3 Constable’s Office; and Mr. Abner Lyons with the State of Texas House of Representative District No. 142.

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 July 12, 2023. Minutes of the regular meeting of July 12, 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.” He stated there were five recycling days averaging 2
tons per week.

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 reported on a regional flash drought and the impact it could have on District utilities. He reviewed a drought map and current pictures of the wetlands stating there is little water in the basins. Discussion ensued.

Mr. Syzek reported that the P122-00-00 Channel at Sierra Ranch is holding water and needs to be dredged. He stated this should be resolved during the Harris County improvement project regarding this channel.

Mr. Syzek provided an update regarding Beltway 8 traffic signalization at East Little York.

Mr. Syzek reported on a compliance issue with a Pasadena wastewater plant.

a. Consider admin building dedication and proclamation in honor of former Director Al Rettig. Mr. Syzek stated a gathering will take place in September to honor former Director Al Rettig and to dedicate the admin building to him. He reviewed pictures of the plaque to be installed at the building as well as the crystal replica plaque to be given to his family members.

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

Captain Ganey reported there were four stolen vehicles, however most vehicles were company trucks with tools inside. He stated the vehicles have been recovered but the belongs inside have been stolen.

Captain Ganey provided an update regarding the environmental crimes unit.

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 July a copy of which is attached as Exhibit “E.” Ms. Yanez reported that 96.15% of the District’s 2022 taxes have been collected as of July 31, 2023.

Ms. Yanez presented 6 checks and 2 wires to the Board for review and approval.

Ms. Yanez reviewed the delinquent tax role.

Ms. Yanez reported that certified values will be received from Harris County the week of August 28th.

Ms. Yanez presented and reviewed a report from the delinquent tax attorney, a copy of which is attached hereto as Exhibit “F.” She stated Board authorization is needed to send water termination notices to the 62 delinquent accounts. Upon motion by Director Simpson, seconded by Director Everhart, after a full discussion and the question being put to the Board, the Board voted unanimously to authorize the delinquent tax attorney to send water termination letters.

Upon motion by Director Simpson, 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 July 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 July.

Ms. Francis reported on the Water surface facility with Greenwood and reviewed Parkway Utility District’s portion.

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 approve the bookkeeper’s report.

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 “H.”

Mr. Maas reported Parkway currently has 2440 active connections.

Mr. Maas reviewed the bill and collections report for June and July with the Board.

Mr. Maas reviewed the production and sales report and stated the District has 92.69% 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 reviewed the July usage stating it does not vary from the prior months.

Director Everhart inquired about water pressure within the District. Mr. Maas stated Greenwood UD is currently leading pumpage which could cause low pressure, but he will perform a pressure gauging to review the level.

Upon motion by Director Pogue, seconded by Director Simpson, after full discussion and the question being put to the Board, the Board voted unanimously to accept the Operator’s Report.

9. 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 provided an update regarding the Sunrise Plastic Enterprise potential annexation. He stated the development is currently designing the proposed site utilities including the on-site private detention pond and abandonment of the septic system. Mr. Bishop stated he still awaits the submittal of documents to finalize the annexation application.

Mr. Bishop stated Global New Millennium has submitted plans for the initial design phase of a gas station and Burger King.

Mr. Bishop provided an update regarding the Sierra Ranch and Stonefield Terrace Section 3 drainage improvement project. He stated Harris County is working to acquire the land from the HOA before proceeding further.

Mr. Bishop reported on the Tidwell Road Basin and Storm Sewer Improvement Project stating Harris County has received bids and are currently reviewing them prior to sending to the District for consideration. He stated two bids were received and the District’s cost for relocating utilities is around $91,000 for the lowest bid and around $143,000 for the second lowest bid. Discussion ensued. Upon motion by Director Pogue, seconded by Director Simpson, after full discussion and the question being put to the Board, the Board voted unanimously to approve payment to Harris County subject to Harris County approval of bids.

Mr. Bishop provided an update regarding P122-00-00 Channel Improvements Project stating it is in its final design phase and Harris County is waiting to acquire land.

Mr. Bishop stated he is finalizing the lift station inspection reports and will discuss further at next month’s meeting.

Mr. Bishop reported on water plant no. 2 and reviewed a preliminary site plan and cost estimate. He requested Board authorization to begin site design. 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 authorize site development design for Water Plant No. 2.

Mr. Bishop reported on the Surface Water transfer Facility stating there are no pay applications this month. He stated a meeting will be scheduled with the contractor and electrical engineer.

Mr. Bishop reported on the surface water transfer facility expansion project stating contracts have been executed and a preconstruction meeting will be scheduled next week.

Mr. Bishop stated there is no update at this time regarding the waste water treatment plant clearing, grubbing, and detention project and complications. Mr. Wilson reported a demand letter was sent to the contractor making note of the various breaches to the contract. He stated at this time a response has not been received.

Mr. Bishop reported on the Wastewater Treatment Plant expansion project and recommended payment of pay estimate no. 27. Upon motion by Director Everhart, seconded by Director Simpson, after full discussion and the question being put to the Board, the Board voted unanimously to authorize payment of pay estimate no. 27.

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 Engineer’s Report.

10. Resolution Reviewing Investment Policy. Mr. Wilson presented and reviewed the Investment Policy, a copy of which is attached hereto as Exhibit “J.” He stated at this time there are no recommended changes and the list of qualified brokers has been updated.

Upon motion by Director Woods, seconded by Director Pogue, after a full discussion and the question being put to the Board, the Board voted unanimously to approve the Resolution Reviewing Investment Policy.

11. 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 “K.” Ms. Sears reviewed photographs of the various ponds throughout the District and discussed services completed and upcoming services needed.

Ms. Sears reported on the Stonefield Manor detention pond stating it is easier to clean during drier months. She stated she will present a proposal at next month’s meeting regarding cleaning the basin and channel.

Ms. Sears stated application of the aquatic herbicide to the Sunrise Pines pilot channel will take place at a later time due to the dry weather.

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 September 13, 2023.

President, Board of Directors

ATTEST:
Secretary, Board of Directors

(DISTRICT SEAL)