Public Utilities Board

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda Public Utilities Board Monday, January 9, 2017 9:00 AM Service Center Training Room After determining that a quorum is present, the Public Utilities Board of the City of Denton, Texas will convene in a meeting on Monday, January 9, 2017 at 9:00 a.m. in the Service Center Training Room at the City of Denton Service Center, 901-A Texas Street, Denton, Texas at which the following items will be considered: The Public Utilities Board (PUB) will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the PUB will not conduct a Closed Meeting and will immediately convene its open meeting. The PUB reserves the right to adjourn into a Closed Meeting on any item on its open meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. CLOSED MEETING A. PUB16-245 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a presentation from staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the City’s electric system; discuss and deliberate strategies regarding same; discuss ancillary operational matters related to the Denton Energy Center including, but not limited to Information Technology, fiber optic network, water service loop, and wastewater line. Discuss, deliberate and provide staff with direction. Consultation with the City’s attorneys regarding legal issues associated with the above matters where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. B. PUB16-257 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a presentation from staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the City’s electric system; discuss and deliberate strategies regarding same; discuss and deliberate opportunities and strategies for the City to amend the scope of work component in an existing contract that provides engineering, procurement, and construction (“EPC”) services for the Denton Energy Center. Take final action on a modification of the scope of work portion of the EPC City of Denton Page 1 Printed on 1/6/2017 Public Utilities Board Meeting Agenda January 9, 2017 agreement with Burns and McDonnell Engineering Company, Inc. Consultation with the City’s attorneys regarding legal issues associated with the above matters where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. C. PUB16-262 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a presentation from staff regarding public power competitive and financial matters pertaining to purchased power pricing and other public power information that is contained in the proposed amendment to the Power Purchase Agreement by and between the City of Denton, Texas, who is selling power and electric energy services to the Texas Woman’s University, Denton, Texas; discuss and deliberate strategies regarding same; take final action on a proposed amendment to the Power Purchase Agreement with Texas Woman’s University. Consultation with the City’s attorneys regarding legal issues associated with the above matters where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. D. PUB17-007 Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff and discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests located in the R. Beaumont Survey, Abstract No. 31, in the City of Denton, Denton County, Texas; where discussion had, deliberation, and direction given, by the Denton Public Utility Board in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of the real property interests described above; discussion of these legal matters in an open meeting would conflict with the duty of the City’s attorneys to the City of Denton and the Denton Public Utility Board under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. [Hickory to Bonnie Brae Transmission Line] E. PUB17-010 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate and receive information from staff and provide staff with City of Denton Page 2 Printed on 1/6/2017 Public Utilities Board Meeting Agenda January 9, 2017 direction pertaining to the potential purchase of certain real property interests out of the Gideon Walker Survey, Abstract 1330, the Morreau Forrest Survey, Abstract 417, the David Hough Survey, Abstract 646, and Lot 1, Block 1, Tower Addition, an addition to the City of Denton, all in Denton County, Texas, and located generally in the 600, 900, 1900 and 2100 blocks of South Mayhill Road, Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Public Utilities Board under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Solid Waste Department - Mayhill Road) F. PUB17-011 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests out of the Alexander Hill Survey, Abstract No. 623, in Denton County, Texas, and generally located in the 1000 block of Fort Worth Drive, Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Public Utilities Board under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Fort Worth Drive Utility Relocations Project - PKR Properties, LP - Parcel 3E) G. PUB17-013 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a briefing and information pertaining to certain competitive public power and financial issues regarding Texas Municipal Power Agency (“TMPA”) on matters including, without limitation: present and future plant operations issues, plant and system expenses, maintenance issues, performance issues, financial issues, reliability issues, planning issues, and any related issues concerning the City’s interest in, and its business relationship with the Texas Municipal Power Agency; and discuss, deliberate, and provide Staff with direction regarding such matters. Consultation with the City’s attorneys regarding legal issues associated with the above matters where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton Public Utility Board under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. .Body City of Denton Page 3 Printed on 1/6/2017 Public Utilities Board Meeting Agenda January 9, 2017 H. PUB17-015 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a briefing and information from Denton Municipal Electric (“DME”) staff regarding certain public power competitive, financial and commercial information relating to transmission cost of service rate setting. Consultation with the City’s attorneys regarding legal issues where public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton Public Utility Board under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any potential litigation. Discuss, deliberate, and provide staff with direction. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE PUBLIC UTILITIES BOARD RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. REGULAR MEETING Following the completion of the Closed Meeting, the Public Utilities Board will convene in a Regular Meeting at which the following items will be considered: CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities or his designee to implement each item in accordance with the Staff recommendations. The Public Utilities Board has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved for payment of other action under the Consent Agenda (Agenda Items A – F). This listing is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A – F below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. PUB16-266 Consider recommending approval of a development agreement between the City of Denton and Crawford Hospital Partners, LLC, for the provision of water and sanitary sewer service to Lots 1-8 of Ranch View Surgical Hospital. City of Denton Page 4 Printed on 1/6/2017 Public Utilities Board Meeting Agenda January 9, 2017 Attachments: Exhibit 1 - Location Map Exhibit 2 - Water Distribution System Study Exhibit 3 - Development Agreement B. PUB17-001 Consider recommending adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of two (2) excavators, one (1) dozer and one (1) track loader for the City of Denton Solid Waste Department; and providing an effective date (File 6336-awarded to Kirby Smith Machinery, Inc. in the amount of $1,342,955 and Holt Caterpillar in the amount of $547,757.98). Attachments: File 6336- Exhibit 1 Track Loader Quote.pdf File 6336- Exhibit 2 Comparison and Quotes C. PUB17-002 Consider the recommendation of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program for the acquisition one (1) rear loader refuse body for Solid Waste Department; and providing and effective date (File 6335- Purchase of one (1) refuse body from McNeilus Manufacturing for $77,935). Attachments: File 6335- Exhibit 1 Rear Loader Quote.pdf File 6335- Exhibit 2 Rear Loader Standardization.pdf File 6335- Exhibit 3 Manufacturer Memo.pdf D. PUB17-003 Consider the recommendation of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program for the acquisition six (6) refuse bodies for Solid Waste Department; and providing and effective date (File 6334- Purchase of six (6) refuse bodies from BTE Body Company, Inc. for $851,692.55). Attachments: File 6334- BTE Equipment List.pdf File 6334- Exhibit 2 BTE Quotes.pdf File 6334- Exhibit 3 DaDee Standardization.pdf File 6334- Exhibit 4 BTE Memo.pdf E. PUB17-005 Recommend approval to award a three year contract in an amount not to exceed $900,000 for the purchase of structural mega-block wall systems, to Stone Strong of Texas, Decatur, Texas. (File 6331) Attachments: Exhibit 1- Stone Strong Sole Source Letter Exhibit 2 - 6331 Contract Stone Strong F. PUB17-006 Recommend approval to award a three year contract in an amount not-to-exceed $300,000 for the purchase of precast Alfabloc concrete and associated materials, to Tricon Precast Limited, Houston, Texas. (File 6106) Attachments: Exhibit 1 - Tricon Precast Sole Source Letter Exhibit 2 - 6106 Contract Tricon Precast City of Denton Page 5 Printed on 1/6/2017 Public Utilities Board Meeting Agenda January 9, 2017 ITEMS FOR INDIVIDUAL CONSIDERATION A. PUB16-246 Consider approval of the Public Utilities Board Meeting minutes of December 12, 2016. Attachments: 12-12-16 PUB Minutes B. PUB17-008 ACM Update: 1. Matrix Attachments: Exhibit 1 - New Business Matrix CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Public Utilities Board or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2017 at ________o'clock (a.m.) (p.m.) __________________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON SERVICE CENTER TRAINING ROOM IS HANDICAP-ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE. City of Denton Page 6 Printed on 1/6/2017