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, 2023 9:00 AM Council Chambers REGISTRATION GUIDELINES FOR ADDRESSING THE PUBLIC UTILITIES BOARD Citizens will also be able to participate in the following way (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 – 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. Using eComment, Individuals may indicate support or opposition and submit a brief comment about a specific agenda item. eComments may be submitted up until the start of the meeting at which time the ability to make an eComment will be closed. eComments will be sent directly to members of the Public Utilities Board immediately upon submission and recorded by the Secretary into the Minutes of the Meeting. 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, January 9, 2023, at 9:00 a.m. in the City Council Chamber 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 City Manager or 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 or other action under the Consent Agenda (Agenda Items A – D). 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, the Consent Agenda Items 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. Page 1 Printed on 1/5/2023 Public Utilities Board Meeting Agenda January 9, 2023 A. PUB22-219 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 Interfaith Ministries of Denton, Inc., amending the contract approved by City Council on April 21, 2020, in the not-to-exceed amount of $625,000.00; said first amendment to continue to provide a utility assistance program for the Customer Service Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7244 - providing for an additional first amendment expenditure amount not-to-exceed $156,250.00, with the total contract amount not-to-exceed $781,250.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 B. PUB22-220 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Green Equipment Company, through the Buy Board Cooperative Purchasing Network Contract # 676-22, for Sewer Inspection Equipment and Repair for the Wastewater Collection Department; providing for the expenditure of funds therefor; and providing an effective date (File 8148 - awarded to Green Equipment Company, in the not-to-exceed amount of $787,500.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract C. PUB23-006 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to authorize the spend for an insurance binder to Archer Contingent Energy Risk, LLC, for forced outage insurance of the Denton Energy Center for the Winter of 2023; providing for the expenditure of funds therefor; and providing an effective date (RFP 8163 - authorizing the spend for Power Plant Forced Outage Insurance Coverage for the winter of 2023 and awarding such insurance binder to Archer Contingent Energy Risk, LLC, in the not-to-exceed amount of $650,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - LLC Members Exhibit 4 - Ordinance D. PUB23-005 Consider recommending adoption of an ordinance of the City of Denton, Texas, amending the expenditure of funds to authorize an increase of $131,069.00 for the payment of wholesale transmission charges to the lower Colorado river authority; declaring a public purpose; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance 3. ITEMS FOR INDIVIDUAL CONSIDERATION Page 2 Printed on 1/5/2023 Public Utilities Board Meeting Agenda January 9, 2023 A. PUB23-001 Receive nominations and hold an election for Chair, Vice Chair and Secretary. B. PUB23-002 Receive a report, hold a discussion and give staff direction regarding the 2023 Schedule. Attachments: 2023 PUB Mtg Schedule C. PUB23-003 Consider approval of the December 12, 2022 minutes. Attachments: 12.12.22 PUB Minutes D. PUB22-222 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with McCarthy Building Companies, Inc., for the construction of the Neighborhood 7A Project with geographical limits as follows: Bernard Street from Acme Street to Parvin Street, Leslie Street from Willowwood Street to Dudley, Oakwood Drive from McCormick Street to 1100 Oakwood Drive, Underwood Street from Kendolph Drive to Avenue D, Wisteria, Azalea, and Camellia Streets from Laurel Street to Parvin Street, and all public alleyways between Laurel Street and Parvin Street; providing for the expenditure of funds therefor; and providing an effective date (CSP 7976 - awarded to McCarthy Building Companies, Inc., in the not-to-exceed amount of $7,620,553.16). Attachments: Exhibit 1 - Agenda Information Sheet - PUB Exhibit 2 - Pricing Evaluation Exhibit 3 - Presentation - PUB Exhibit 4 - Ordinance and Contract E. PUB22-223 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Wilson Contractor Services, LLC, for the construction of the Hickory Creek Interceptor 3 Project; providing for the expenditure of funds therefor; and providing an effective date (CSP 8091 - awarded to Wilson Contractor Services, LLC, in the not-to-exceed amount of $5,793,183.01). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Presentation Exhibit 4 - LLC Members Exhibit 5 - Ordinance and Contract F. PUB23-007 Management Reports: 1. Future Agenda Items 2. New Business Action Items Attachments: 1. Future Agenda Items 2. New Business Action Items 4. CONCLUDING ITEMS Page 3 Printed on 1/5/2023 Public Utilities Board Meeting Agenda January 9, 2023 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. CLOSED MEETING A. PUB23-008 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. Consult with the City’s attorneys on the legal status, expenses, strategy, and options for resolution of litigation issues associated with the “Application of Denton Municipal Electric to Change Rates for Wholesale Transmission Service” pending before the Public Utility Commission of Texas under Docket No. 52715; where public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and Denton Municipal Electric (DME) under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City’s legal position. 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. 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 January 5, 2023, 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 1/5/2023 Public Utilities Board Meeting Agenda January 9, 2023 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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