Public Utilities Board

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda Public Utilities Board Monday, July 11, 2022 9:00 AM Council Work Session Room REGISTRATION GUIDELINES FOR ADDRESSING THE PUBLIC UTILITIES BOARD Citizens will also be able to participate in one of the following ways (NOTE: Other than public hearings, citizens are only able to comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item. Public comments are not held for work session reports.): • eComment – On July 7, the agenda was posted online at https://tx-denton.civicplus.com/242/Public-Meetings-Agendas. Once the agenda is posted, a link to make virtual comments using the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar. Within eComment, citizens may indicate support or opposition and submit a brief comment about a specific agenda item. Comments may be submitted up until the start of the meeting at which time the ability to make an eComment will be closed. Similar to when a citizen submits a white card to indicate their position on an item, the eComments will be sent directly to members of the Public Utilities Board and recorded by the Secretary. Members review comments received in advance of the meeting and take that public input into consideration prior to voting on an agenda item. The Chair will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments will not be read during the meeting. The Secretary will reflect the number of comments submitted in favor/opposition to an item, the registrant’s name, address, and (summary of) comments within the Minutes of the Meeting, as applicable. After determining that a quorum is present, the Public Utilities Board of the City of Denton, Texas will convene in a Regular Meeting on Monday, July 11, 2022, at 9:00 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PRESENTATIONS FROM MEMBERS OF THE PUBLIC This section of the agenda permits a person to make comments regarding public business on items as listed on the agenda. Each speaker will be allowed a maximum of four (4) minutes. Such person(s) shall have registered under the REGISTRATION GUIDELINES FOR ADDRESSING THE PUBLIC UTILITIES BOARD detailed at the beginning of this agenda. Registration is required prior to the time this agenda item is read into the record. 2. CONSENT AGENDA Each of the items on the Consent Agenda 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 Page 1 Printed on 7/7/2022 Public Utilities Board Meeting Agenda July 11, 2022 questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved for payment or other action under the Consent Agenda (Agenda Items A – G). 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 – G 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. PUB22-083 Consider recommending adoption of a resolution of the City of Denton, Texas, adopting the City of Denton’s Comprehensive Solid Waste Management Strategy (“CSWMS”) to guide the City’s future solid waste/materials management system and to develop infrastructure, programs, and policies necessary to manage materials in alignment with the guiding principles of the CSWMS; and providing an effective date. B. PUB22-087 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute approval documents under the Joint Operating Agreement by and between the Texas Municipal Power Agency, City of Bryan, Texas, the City of Denton, Texas, the City of Garland, Texas, and the City of Greenville, Texas regarding the TMPA budget for the fiscal year 2023; providing for the expenditure of funds therefore; and providing an effective date. C. PUB22-089 Consider recommending adoption of an ordinance authorizing the City Manager to execute Amendment No. 3 between the City of Denton, a Texas municipal home-rule corporation, and the Texas Municipal Power Agency, a Texas joint powers agency, that extends the term of the existing agreement to September 1, 2024; authorizing the expenditure of funds; and providing an effective date. D. PUB22-096 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and JRD, LLC dba Maslonka Powerline Services, LLC, amending the contract approved by the City Council on February 23, 2021, in the not-to-exceed amount of $15,880,000.00; said first amendment to provide transmission line emergency services and a cost adjustment due to rising fuel, material, and labor costs for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 7483 - providing for an additional first amendment expenditure amount not-to-exceed $3,776,000.00, with the total contract amount not-to-exceed $19,656,000.00). E. PUB22-097 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Parkhill, Smith & Cooper, Inc., for engineering services related to the Southwest Booster Pump Station (SWBPS) Ground Storage Tank (GST) Coating project for the Water Production Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7574-015 - Professional Services Agreement for engineering services awarded to Parkhill, Smith & Cooper, Inc., in the not-to-exceed amount of $116,500.00). F. PUB22-098 Consider recommending adoption of an ordinance of the City of Denton, a Texas Page 2 Printed on 7/7/2022 Public Utilities Board Meeting Agenda July 11, 2022 home-rule municipal corporation, authorizing the City Manager to execute a contract with Power Monitors, Inc., for the purchase of pole mounted, ethernet-based three-phase PMI End-of-Line voltage and current recording, monitoring, metering, software, integration, accessories, and devices for Denton Municipal Electric, which is the sole provider of these items, in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding, and if over $50,000, shall be awarded by the governing body; providing for the expenditure of funds therefor; and providing an effective date (File 8008 - awarded to Power Monitors, Inc., in the three (3) year not-to-exceed amount of $204,643.74). G. PUB22-100 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with NewGen Strategies and Solutions, LLC, for the Solid Waste Cost of Service and Rate Design Study for the Solid Waste Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7997 - Professional Services Agreement for professional services awarded to NewGen Strategies and Solutions, LLC, in the not-to-exceed amount of $89,890.00). 3. ITEMS FOR INDIVIDUAL CONSIDERATION A. PUB22-095 Consider approval of the June 27, 2022 minutes. B. PUB22-101 Management Reports 1. March 2022 DEC Dashboard 2. Future Agenda Items 3. New Business Action Items 4. 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. Following the completion of the Regular Meeting, the Public Utilities Board will convene in a Work Session at which the following items will be considered: WORK SESSION A. PUB22-104 Receive a report, hold a discussion, and give staff direction on the proposed Water, Wastewater, Solid Waste, and Electric Rates for FY 2022-2023. Page 3 Printed on 7/7/2022 Public Utilities Board Meeting Agenda July 11, 2022 B. PUB22-105 Receive a report, hold a discussion, and give staff direction regarding the Electric FY 2022-23 Preliminary Budget, Capital Improvement Program, and Five-Year Financial Forecast. Following the completion of the Work Session, 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. The Public Utilities Board (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 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 Section 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 Texas Government Code, Section 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 Section 551.071-551.086 of the Texas Open Meetings Act. A. PUB22-102 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 information from staff regarding financial matters that include data stemming from public power utility competitive data; discuss, deliberate, and provide direction to staff regarding same. Consultation with City’s attorneys regarding legal issues associated the above matter 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 Texas Disciplinary Rules of Professional Conduct of State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. B. PUB22-088 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys regarding potential litigation issues associated with Texas Municipal Power Agency (TMPA) 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 City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City’s legal position. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on July 7, 2022, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. __________________________________________ CITY SECRETARY Page 4 Printed on 7/7/2022 Public Utilities Board Meeting Agenda July 11, 2022 NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS 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 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. 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