MINUTES OF MEETING OF BOARD OF DIRECTORS PARKWAY UTILITY DISTRICT
December 13, 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, Vice President
Gloria Woods, Secretary
Cody Pogue, Investment Officer
Shiwann Simpson, Assistant Secretary
All Directors for Parkway UD were present, 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 Tricarico of Norton Rose Fulbright US LLP (“NRF”), attorneys for the District; and Mr. Jamal Singleton of Direct Waste Solutions; Ms. Colleen Gilbert of Greens Bayou Coalition; Sgt. Landon McDonald of Harris County Precinct 3 Constable’s Office; 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.
a. Green’s Bayou Coalition presentation. Ms. Gilbert introduced herself and provided background information regarding Green’s Bayou Coalition. She discussed the Tolls to Trailways project stating the City is interested in working with Districts to install connective trails. Discussion ensued.
President McNeil inquired about reach meetings. Ms. Gilbert stated due to lack of attendance, reach meetings no longer take place, but she will contact President McNeil at the start of the year to discuss trail inclusion projects within the District.
2. Approve the minutes of the meeting on November 8, 2023. Minutes of the regular meeting of November 8, 2023 were previously distributed to the Board and were presented for consideration and approval. Upon motion by Director Simpson, seconded by Director Woods, 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 four recycling days averaging 2.7 tons per week. He stated he anticipates there to be a spike in collections in January due to the holidays.
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 that the District will be sponsoring 152 students at Monahan Elementary through the Water Wise program which earns the District 12,740,000 gallons of groundwater credits.
Mr. Syzek provided an update regarding the most recent drought report.
Mr. Syzek reviewed ERCOT projections regarding power outages. He stated ERCOT is expecting record demand this winter for energy and electricity.
Mr. Syzek reported on cyber attacks to water plants but stated it should not affect the Districts functions.
Mr. Syzek provided an update regarding the Harris County Detention Pond construction.
Mr. Syzek provided an update regarding the trees in Resilience Trail. He stated trees are showing sign of stress due to the drought and he will evaluate more in the spring. Showing signs of stress due to drought and will evaluate more in the spring.
5. Report by Harris County Precinct Three Constable, including community Crime Watch, and action relating to Security. Sgt. McDonald reviewed the security report for the month of November, a copy of which is attached hereto as Exhibit “D.” He stated that the stolen vehicle number will rise due to the installation of flock camera systems on Tidwell and CE King.
Sgt. McDonald discussed the possibility of implementing a bike patrol until along the trails. Ms. Gilbert stated a grant for funding may be a possibility. Discussion ensued.
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 November a copy of which is attached as Exhibit “E.” Ms. Yanez reported that 2.95% of the District’s 2023 taxes have been collected as of November 30, 2023.
Ms. Yanez presented 5 checks and 2 wires to the Board for review and approval.
Ms. Yanez reviewed the delinquent tax role and a report from the delinquent tax attorney, a copy of which is attached hereto as Exhibit “F.” The Board discussed delaying shut offs of delinquent accounts until January.
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 Tax Assessor and Collector’s Report and to authorize the termination of delinquent accounts, but delay shut offs until January.
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 November with the Board.
Ms. Francis reported that the next debt service payment is not due until March 1, 2024.
Ms. Francis reviewed budget information and the budget comparison through November.
Ms. Francis reported on the Water surface facility with Greenwood and reviewed Parkway Utility District’s portion.
Ms. Francis informed the Board that Ms. Judy Osborn is retiring in April 2024.
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 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 2441 active connections.
Mr. Maas reviewed the bill and collections report for October through November with the Board.
Mr. Maas reviewed the production and sales report and stated the District has 93.06% 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 discussed leak repairs done in the District.
Mr. Maas presented two proposals regarding installation of cameras and surveillance at the surface water plant. He stated the cost would be split with Greenwood UD.
Upon motion by Director Simpson, seconded by Director Pogue, after full discussion and the question being put to the Board, the Board voted unanimously to approve both proposals, and to authorize the installation of camera’s at the surface water plant in an amount not to exceed $18,000.
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 defer termination of delinquent accounts until January.
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. Alford presented to and reviewed with the Board the Engineer’s Report, a copy of which is attached as Exhibit “I.”
Mr. Alford provided an update regarding the water well no. 1 re-work stating once contracts are executed a preconstruction meeting will be scheduled and a notice to proceed will be issued.
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 execution of Water Well No. 1 Rework construction contract.
Mr. Alford reported on Global New Millennium Development stating they are continuing with the design for the initial phase Gas Station, Burger King, and Tidwell Road extension. He stated a maintenance agreement for the Public Detention Pond has been forwarded to the developer and he awaits execution and return.
Mr. Alford reported on Global New Millennium Lift Station and Form Main (Lift Station No. 8), stating they are proceeding with the design of Lift Station No. 8 and force main now that the private development site design has progressed. Mr. Bishop reviewed the necessary sanitary sewer and temporary construction easement for the project stating there is no action needed at this time.
Mr. Alford provided an update regarding the Tidwell Road Basin and Storm Sewer Improvement Project, stating construction has begun.
Mr. Alford reported on the Surface Water Transfer Facility stating the facility is online and R&B Group are addressing the punchlist items. He stated he expects close out documents to be presented at next month’s meeting.
Mr. Alford reported on the Surface Water Transfer Facility Expansion stating the contractor, Gemini Contracting Services, Inc. is proceeding with submittals and material procurement.
Mr. Alford provided an update regarding the Wastewater Treatment Plant Expansion project and recommended payment of pay application no. 31. Upon motion by Director Simpson, seconded by Director Pogue, after full discussion and the question being put to the Board, the Board voted unanimously to authorize payment of pay application no. 31 to Greenwood Utility District.
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. 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 “J.” Ms. Sears reviewed photographs of the various ponds throughout the District and discussed services completed and upcoming services needed.
Ms. Sears presented a proposal regarding regrade and repair around the two outfalls. She stated to repair and stabilize with rip rap would cost $27,922 and to concrete pour slope paving would cost $60,950. Discussion ensued. Ms. Sears stated no action needs to be taken at this time and the Board may discuss further at future meetings.
At this time, Mr. Abner stated there is no update regarding tree planting along Sunrise Pines.
11. Matters pertaining to 2024 Directors Election, including Appointment of Agent, Notice of Deadline to File Applications, and election procedure. Mr. Wilson presented and reviewed the Appointment of Agent for the 2024 Directors Election, a copy of which is attached hereto as Exhibit “K.” Discussion ensued. 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 appoint Ms. Koett as the election agent for the 2024 Director Election.
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 January 10, 2023.
President, Board of Directors
ATTEST:
Secretary, Board of Directors
(DISTRICT SEAL)