PARKW A Y UTILITY DISTRICT MINUTES OF BOARD OF DIRECTORS MEETING AUGUST 19,2014

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1 PARKW A Y UTILITY DISTRICT MINUTES OF BOARD OF DIRECTORS MEETING AUGUST 19,2014 The Board of Directors (the "Board" or "Directors") of Parkway Utility District (the "District") met in regular session, at 6:30 p.m., at the District's office located at Tidwell Road, Houston, Texas, on Tuesday, August 19,2014, pursuant to notice of said meeting posted in accordance with Chapter 551 of the Texas Government Code: whereupon the roll was called of the members of the Board, to-wit: Brenda McNeil Alphonso P. Rettig, Jr. Jennifer Balderas Ron Everhart Gloria M. Woods President Vice President Secretary Assistant Secretary Director All members of the Board were present. Also attending were: Karla Efigenio of McLennan & Associates, L.P. ("Bookkeeper"); David Patterson of Assessments of the Southwest ("Tax Assessor-Collector"); Rebecca Marcucci of Municipal District Services ("Operator" or "MDS"); John Sherrington of Sherrington, Inc. ("Engineer"); Lieutenant Ganey of Harris County Constable's Office. Precinct NO.3 (the "Constable"); Gary Syzek of Systems Project Management, L.L.c.: Ross J. Radcliffe, attorney. and Diane F. Brewer, paralegal, of Radcliffe Bobbitt Adams Polley PLLC ("Attorney"); lell Reeves of A VR; and Juanita Orsak of Pulte Homes. The President after finding that the notice of the meeting was posted as required by law and determining that a quorum of the Board of Directors was present. called the meeting to order and declared it open for such business as may come before it. 1. Public Comment. As there were no persons present to provide public comments, the President directed the Board to proceed with the agenda. Director McNeil entered the meeting at this time. 2. Minutes. The President directed the Board to consider the approval of the minutes of the regular meeting held on.iuly IS, Upon motion by Director Rettig, seconded by Director Everhart, after full discussion and with all Directors present voting aye, the Board approved the minutes for the regular meeting held on July 15, Constable's Report. Lieutenant Ganey presented and reviewed with the Board the Constable's Report, a copy of which is attached hereto as Exhibit "A." Lieutenant Ganey reported that the Constable's Office will increase tratnc control when school begins next week. Lieutenant Ganey exited the meeting at this time.

2 4. Tax Assessor-Collector's Report. The Tax Assessor-Collector's Report and Delinquent Tax Attorney Report were then presented by Mr. Patterson, copies of which are attached hereto as Exhibit "B. " a. Mr. Patterson first reported that 97.79% of the 2013 taxes and 99.32% of the 2012 taxes have been collected as of July 31, b. Mr. Patterson next reported that the Unpaid Accounts Tax Roll as of August 14,2014, is attached to the Tax Assessor-Collector's Report. Upon motion by Director Woods, seconded by Director Everhart, after full discussion and with all Directors present voting aye, the Board approved the Tax Assessor-Collector's Report as presented; authorized payment of checks numbered 1571 through 1574 from the Tax Account; and authorized preparation of letters regarding termination of service for non-payment of delinquent taxes. 5. Engineer's Report. The Engineer's Report was next presented by Mr. Sherrington, a copy of which is attached hereto as Exhibit "C." a. Sunrise Pines Second Waterline (along Beltway 8). Mr. Sherrington reported that once the Engineer has received copies of all the recorded easements, the Engineer will submit the design drawings to the governing agencies for approval. Mr. Sherrington reported on behalf of the District and at the request of the Attorney, the Engineer reviewed and commented on comments received from a representative for the Texas Land Fund No.6, L.P. b. Disinfect Surface Water. Mr. Sherrington reported that the contractor, Gemini Contracting Services, Inc., will provide the Operator with two (2) hard copies of the Operation & Maintenance Manuals and program the auto-dialer. Mr. Sherrington then reported that they received and reviewed Invoice No in the amount of $519 from the inspector, Phoenix Coating Surveillance, LLC ("Phoenix") and recommended approval ofinvoice No to Phoenix. c. d. Developer Projects - Sunrise Pine, Section 3. Mr. Sherrington reported that the design engineer issued the Notice to Proceed to the paving contractor, SMG Concrete Pavers, Inc. ("SMG"), on August 6, Mr. Sherrington reported that SMG is scheduled to have completed work on or before September 22, Bond Application Report ("BAR"). Mr. Sherrington reported that the Engineer is finalizing the BAR for submission to the Texas Commission on Environmental Quality ("TCEQ") on or before August 22, Mr. Radcliffe stated that the Resolution Authorizing Application to the TCEQ for Approval of Project and Issue of Bonds, approved by the Board at the meeting of July 15, 2014, has been amended to reflect a principal amount of up to $3,600,000, as requested by the Engineer. 2

3 e. Sanitary Sewer Manhole Inspection, Phase 1. Mr. Sherrington reported that the Engineer will review the video survey provided by the Operator and report his findings and/or recommendations at a future Board meeting. f. TCEQ Violation. 1. Mr. Sherrington reported that the District previously received a Notice of Violation from the TCEQ and the TCEQ is requesting a written description of corrective action taken and documentation demonstrating that compliance has been achieved for the outstanding alleged violations. 11. Mr. Sherrington reported that the District must respond by the end of September 2014, but wants to conduct an investigation before writing the letter. Mr. Sherrington indicated that he would prepare a draft response for review by the Attorney and Greenwood Utility District's engineer Director Everhart asked the Engineer regarding a reduction of grease and Mr. Sherrington responded that the Operator sees grease at the lift station, however, not the same concentration as in the past. Mr. Sherrington reported that the Operator sees problems before overflow and there is a big problem with rags. Ms. Marcucci recommended installing pumps with impellars. A discussion ensued regarding problems with disposal wipes and the need to educate the public regarding disposal wipes. g. Sheldon Independent School District ("SISD"). Mr. Sherrington reported that he was informed by the Operator that there was a well drilling rig on the SISD property. Mr. Sherrington reported that he contacted Larry Pfeifer with SISD and subsequently followed up with the Attorney regarding SISD replacing its existing well which is used only for irrigation. h. Carters Storage Quarters. Mr. Sherrington reported that the Engineer prepared and sent a letter to the owner of the proposed development to inform him of the necessary steps to be taken to receive approval of the civil site design drawings. Mr. Sherrington reported that the proposed development will not require water and sanitary services from the District. Upon motion by Director Rettig, seconded by Director Woods, after full discussion and with all Directors present voting aye, the Board approved the Engineer's Report as presented and the following: a. Concurred with Engineer's recommendation to approve and authorize payment ofinvoice No to Phoenix in the amount of$519. Mr. Patterson exited the meeting at this time. 3

4 6. Bookkeeper's Report and Investment Report. Ms. Efigenio presented to and reviewed with the Board the Bookkeeper's Report and Investment Report, copies of which are attached as Exhibit "D." a. Mr. Radcliffe discussed use of the District building by homeowners associations ("HOAs") in the District. Director McNeil stated that she was informed by members of the Parkway Forest Homeowners Association ("Parkway Forest") of an agreement between the District and Parkway Forest. Mr. Radcliffe stated that all HOAs should receive the same treatment and should be charged a $100 non-refundable building use fee and a $150 deposit for use of the District building. Upon motion by Director Rettig, seconded by Director Balderas, after full discussion and with all Directors present voting aye, the Board approved the Bookkeeper's Report as presented; authorized payment of checks numbered 6354 through 6409 from the General Fund; and authorized payment of checks numbered 1594 and 1595 from the Capital Projects Fund. 7. Operator's Report. The Operator's Report was next presented by Ms. Marcucci, a copy of which is attached hereto as Exhibit "E. It a. b. c. d. e. f. g. h. Ms. Marcucci first reported that there are 2,199 connections in the District. Ms. Marcucci next reported that the District accounted for 98.8% of water billed to customers. Ms. Marcucci discussed inspections and installation of new sample points at the water plant. Ms. Marcucci added that production and usage have increased. Ms. Marcucci reported there were no excursions at the wastewater treatment plant. Ms. Marcucci reported that attached to her report is a Write-Off List dated July 18, 2014, identifying two (2) accounts totaling $ for the Board's approval. Ms. Marcucci then reported that the Delinquent Letter Accounts Listing Due August 15, 2014, is attached to her report. Director Balderas inquired regarding the irrigation tap at the HOA. Ms. Marcucci reviewed the District's Rate Order and informed Director Balderas that the monthly rate for the irrigation meter is a minimum fee of $ Ms. Marcucci added that if the HOA no longer needs the irrigation tap, it can be removed. Ms. Marcucci discussed inserting information with water and sewer bills to inform the public regarding flushable/disposable wipes, a copy of which is attached to her report. Mr. Radcliffe suggested providing an explanation in the insert that "flushables" clog lines and damage pumps because they are not easily processed through the sewer system and that it 4

5 costs more to remove them from the system so the lines and pumps will work sufficiently. Upon motion by Director Balderas, seconded by Director Rettig, after full discussion and with all Directors present voting aye, the Board approved the Operator's Report as presented; authorized the terminations and write-offs, as presented; and authorized the Operator to insert information to the District's customers regarding "flushable"i"disposable" wipes. 8. System Project Management Report. Next, Mr. Syzek presented the System Project Management Report, a copy of which is attached hereto as Exhibit "F." a. Mr. Syzek first reported that the District may be a recipient of trees from the Apache Foundation for the 2015 spring planting season. b. Mr. Syzek reported regarding the In-Pipe field assessment at various sanitary sewer system problem areas and determined that the District has had a very good success rate with minimal collection system backups, however, the accumulation of flushable wipes and rags impaired the flow of wastewater. c. Mr. Syzek reported regarding the Church lift station repairs and that such lift station will eventually be converted into a submersible lift station. d. Mr. Syzek presented photographs of uncollected garbage in the District, as well as remote dumpsites in the District. e. Mr. Syzek discussed a recent article published in The Chronicle regarding the Greens Bayou Corridor Coalition. f. Mr. Syzek discussed a water reuse seminar he recently attended. 9. Building Superintendant Report. Director Rettig stated that he has nothing to report at this time. 10. District Website Report. Director Balderas reported that the District's website is nearing completion and she should have something to report in September. 11. Attorney's Report. Mr. Radcliffe then reviewed the Attorney's Report. a. Review and discuss acquisition of easements for Beltway 8 Waterline Extension. Mr. Radcliffe reported that the Attorney continues coordinating with the landowners to secure the necessary easements. b. Post-Issuance Tax-Exempt Debt Compliance Review. Mr. Radcliffe reported that Mr. Barner will meet with the District's compliance officer, Director Balderas, to assist her in completing the compliance checklists. 12. Miscellaneous Business. a. Garbage Collection. Mr. Radcliffe reported that special meetings will be held on August 26, 2014, and September 11, 2014, to interview four (4) garbage collection service providers. 5

6 b. Mass Notification. a. Ms. Marcucci introduced Dell Reeves with AVR, who provided an overview of a mass notification system. b. Ms. Reeves stated that the Tech Radium system was integrated into the A VR system. c. Ms. Reeves stated that there is no contract, only a $.10 charge per notification when used. Ms. Reeves indicated that it is a "pay as you go" service and the District can set limits to messages. d. Ms. Reeves stated that notifications can be sent by text, or phone. e. Ms. Reeves reported that there is no up-front cost and no set-up fee for the service. f. Ms. Reeves said that a flier can be sent with the water/sewer bill encouraging District customers to join the system at no charge. Ms. Reeves stated that customers can sign up online and if MDS provides the set-up service from forms included with the water/sewer bills, there would be a MDS charge of$.25. g. Director Rettig asked if the message is sent to a phone, text and , is there is a $.10 charge for each, totaling $.30, and Ms. Reeves responded that each message would incur a $.10 charge. h. Ms. Reeves stated that there is no extra charge to provide messages in other languages. It was the consensus of the Board to think about the services of A VR and invite Ms. Reeves to provide a demonstration of A VR services at a future meeting. THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, the meeting was adjourned. PASSED AND APPROVED this the 16 th day of September, EXHIBITS: A - Constable's Report B Tax Assessor/Collector's Report C Engineer's Report D Bookkeeper's Report and Investment Report E Operator's Report F Systems Project Management Report 6

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