05-10-2021 DocuSign Envelope ID:OB826288-7998-47CD-A5E3-B95BE269F84D
CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
May 10, 2021
After determining that a quorum was present of the Public Utilities Board of the City of Denton,
convened in a Regular Meeting on Monday,May 10,2021 at 9:01 a.m. in the Work Session Room
at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Vice Chair Billy Cheek, Members Barbara Russell, Karen DeVinney, Lee Riback
and Ben Jumper
Also present: Executive Manager Utilities Antonio Puente and First Assistant City Attorney
Catherine Clifton
ABSENT: Chair Susan Parker
Note: Chair Susan Parker, Vice Chair Billy Cheek and Members Barbara Russell, Karen
DeVinney,Lee Riback and Ben Jumper will be participating in the work session and
regular meeting via video/teleconference under the provisions allowed by the Texas
Government Code Section 551.127.
REGULAR MEETING
1. PRESENTATIONS FROM MEMBERS OF THE PUBLIC
There were no public comments.
2. CONSENT AGENDA
The Consent Agenda consisted of Items 2.A-E.
Board Member Russell moved to recommend adoption of the Agenda items 2 B, D and E.
Motion seconded by Board Member Jumper, motion carried.
YES (5): Billy Cheek, Karen DeVinney, Barbara Russell, Lee Riback and Ben Jumper
NO (0):
B. PUB21-079 Consider recommending adoption of an ordinance of the City of Denton, a
Texas home-rule municipal corporation, authorizing the approval of a second amendment to a
Professional Services Agreement between the City of Denton and Stearns, Conrad and Schmidt
Consulting Engineers, Inc., dba SCS Engineers, amending the contract approved by City Council
on August 18, 2020, in the not-to-exceed amount of$69,645.00; amended by Amendment 1,
approved by City Council; said second amendment to provide additional engineering services for
surveying and construction quality assurance (CQA) services for the extension of the perimeter
landfill gas (LFG) collection header, perimeter road, and waterline at the City of Denton Landfill
project; providing for the expenditure of funds therefor; and providing an effective date (File
7109-011 —providing for an additional second amendment expenditure amount not-to-exceed
$273,822.00, with the total contract amount not-to-exceed $353,117.00).
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D. PUB21-081 Consider recommending adoption of an ordinance of the City of Denton, a Texas
home-rule municipal corporation, for the approval of a pre-qualified professional services list of
State Certified Engineers for project/program management,professional engineering services, and
capital infrastructure-related projects within the City of Denton, for various capital investment
projects; and providing an effective date (RFQ 7599 - for two (2) years, with the option for one
(1) additional one (1) year extension, in the total three (3) year term).
E. PUB21-082 Consider recommending adoption of an ordinance of the City of Denton, a Texas
home-rule municipal corporation, rejecting any and all competitive proposals under RFP 7629
for Residential and Small Commercial Energy and Water Audits; and providing an effective date
(RFP 7629).
A. PUB21-078 Consider recommending adoption of an ordinance of the City of
Denton, a Texas home-rule municipal corporation, authorizing the approval of a fifth
amendment to a Professional Services Agreement between the City of Denton and Hazen
and Sawyer, P.C., amending the contract approved by City Council on July 21,
2015, in the not-to-exceed amount of $427,368.00; amended by Amendments 1, 2,
3, and 4 approved by City Council; said fifth amendment to provide additional engineering
services and permitting support for the Hickory Creek Basin Peak Flow Detention Facility and
the Hickory Creek Lift Station project; providing for the expenditure of funds therefor;
and providing an effective date (File 5768 - providing for an additional fifth amendment
expenditure amount not-to-exceed $66,742.00, with the total contract amount
not-to-exceed $1,413,706.00).
Board Member Jumper pulled this item for questions. Riback and Russell also asked questions.
Pritam Deshmukh provided answers to the questions asked.
Board Member Jumper moved to recommend adoption of the Agenda item 2 A. Motion
seconded by Board Member Riback, motion carried.
YES (5): Billy Cheek, Karen DeVinney, Barbara Russell, Lee Riback and Ben Jumper
NO (0):
C. PUB21-080 Consider recommending adoption of an ordinance of the City of Denton,
a Texas home-rule municipal corporation, authorizing the City Manager, or their designee,
to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for
the development of a residential lighting design for Denton Municipal Electric, as set forth in the
contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ
7584 - Professional Services Agreement for design services awarded to Kimley-Horn and
Associates, Inc., in the not-to-exceed amount of$74,000.00).
Board Member Russell pulled this agenda item for questions. Board Members asked questions
that Terry Naulty answered.
Board Member Russell moved to recommend adoption of the Agenda item 2 C. Motion
seconded by Board Member DeVinney, motion carried.
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YES (5): Billy Cheek, Karen DeVinney, Barbara Russell, Lee Riback and Ben Jumper
NO (0):
3. ITEMS FOR INDIVIDUAL CONSIDERATION
A. PUB21-061 Consider approval of the April 26, 2021 minutes.
Board Member Russell moved to approve Agenda item 3 A. Motion seconded by Board
Member Jumper, motion carried.
YES (5): Billy Cheek, Karen DeVinney, Barbara Russell, Lee Riback and Ben Jumper
NO (0):
B. PUB21-083 Consider recommending adoption of an ordinance of the City of Denton, a Texas
home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a
contract with FX5 Utility Construction, LLC, for Underground Electric Installation for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing an effective
date (RFP 7633 - awarded to FX5 Utility Construction, LLC, for one (1) year, with the option for
four(4) additional one (1)year extensions, in the total five (5) year not-to-exceed amount of
$15,000,000.00).
Rowdy Patterson gave the PowerPoint Presentation. The Board Members asked questions that
Patterson answered.
Board Member DeVinney moved to approve Agenda item 3 B. Motion seconded by Board
Member Jumper, motion carried.
YES (5): Billy Cheek, Karen DeVinney, Barbara Russell, Lee Riback and Ben Jumper
NO (0):
C. PUB21-062 Management Reports
1. Service Assistance Program Clarification
2. February 2021 DEC Dashboard
3. Update on Hickory GIS Substation
4. Future Agenda Items
5. New Business Action Items
The items were presented with discussion.
4. CONCLUDING ITEMS
There were no concluding items.
WORK SESSION
A. PUB21-084 Receive a report, hold a discussion, and give staff direction regarding updating
the existing "Denton Municipal Electric -Energy Risk Management Policy."
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Smith Day presented this item. There were no questions
The Board went into Closed Meeting at 9:40am.
CLOSED MEETING
A. PUB21-065 -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
about the risks of wholesale energy supply and risk management plans, hedge plans, and
strategies as each relates to the DME electric power and gas portfolio; discuss, deliberate, and
provide input to staff regarding the same. 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.
The Closed Session completed at 10:08 am.
With no further business, the meeting was adjourned at 10:08 am.
LDocuSigned by: IhhI 'DocuSiigAned,•by::
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BILLY CHEEK KIM MANKIN
VICE CHAIR UTILITIES ADMIN MANAGER
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
Minutes approved on: May 24, 2021