CITY OF DENTON PUBLICUTILITIES BOARD MINUTES 8/9/2021 After determining that a quorum was present of the Public Utilities Board of the City of Denton, çonvened in al Regular Meeting on Monday, 8/9/2021 at 9:02 a.m. ini the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT (in person): Vice Chair Billy Cheek PRESENT (virtually): Karen DeVinney, Lee Riback, Ben Jumper and Devin Taylor Also present: Executive Manager Utilities Antonio Puente and First Assistant City Attorney Catherine Clifton ABSENT: Chair Susan Parker and Barbara Russell Note: Chair Susan Parker, Vice Chair Billy Cheek and Members Barbara Russell, will be participating in the work session and regular meeting in person with MemberLee Riback Karen DeVinney, Ben Jumper and Devin Taylor participating via video/teleconference under the provisions allowed by the Texas Government Code Section 551.127. REGULAR MEETING PRESENTATIONS FROM MEMBERS OF THE PUBLIC There were no public comments. 2. CONSENT AGENDA The Consent Agenda consisted ofl Items 2.A-E. Board Member Riback moved to recommend adoption of Agenda items 2. A-C. Motion YES (5): Billy Cheek, Karen DeVinney, Leel Riback, Ben Jumper and Devin Taylor seconded by Board Member Taylor, motion carried. NO (0): A. PUB21-141 Consider recommending adoption of an ordinance authorizing the City Manager to execute a. Joint Funding Agreement for Water Resource Investigations with the United States Geological Survey (USGS) related to continued support oft the Hickory Creek Streamflow Station in the amount of$4,700.00 (Agreement Number: 22SIJFATX161000); authorizing the B. PUB21-150 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, approving a power purchase agreement between the City and Texas Women's University, a' Texas higher education institution; providing for the expenditure expenditure of funds therefor; and providing an effective date. off funds; and providing for an effective date. Cityo ofDenton Public Utilities Board Minutes 8/9/2021 Pagel 12 C.PUB21-152 Consider recommending adoption of an ordinance oft the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with New Waste Concepts, Inc., for the purchase of a spray on cover material for the City of] Denton Landfill, which is the sole provider oft this commodity, in accordance with Texas Local Government Code 252.022, which provides that procurement ofc commodities and services that are available from one source are exempt from competitive bidding, and ifover $50,000, shall be awarded by the governing body; providing for the expenditure offunds therefor; and providing an effective date (File 7763 - awarded to New Waste Concepts, Inc., for three (3): years, with the option for two (2) additional one (1): year extensions, in the total five D. PUB21-153 Consider recommending adoption of an ordinance of the City ofDenton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with New Waste Concepts, Inc., for one (1) new CAPS F Series Hydro-Mulch Machine for the Solid Waste Landfill Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 7745 - awarded to New Waste Concepts, Inc., in (5)year not-to-exceed amount of$1,455,000.00). the not-to-exceed amount of$164,530.00). Board Member Jumper pulled this item to ask questions, staff answered. Board Member Jumper moved to recommend adoption of Agenda item 2D. Motion YES (5): Billy Cheek, Karen DeVinney, Lee Riback, Ben. Jumper and Devin Taylor seconded by Board Member Riback, motion carried. NO (0): E.P PUB21-154 Consider recommending adoption of an ordinance of the City ofI Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 7696 for Fire Hydrant Maintenance; and providing an effective date (RFP 7696). Vice Chair Cheek pulled this item to ask questions, staff answered. seconded by Board Member DeVinney, motion carried. Board Member Riback moved to recommend adoption of Agenda items 2E. Motion YES (5): Billy Cheek, Karen DeVinney, Lee Riback, Ben Jumper and Devin Taylor NO (0): 3. ITEMS FOR INDIVIDUAL CONSIDERATION A. PUB21-156 Consider approval of the 7/26/2021 minutes. Board Member Jumper moved to approve agenda item 3A. Motion seconded by Board YES (5): Billy Cheek, Karen DeVinney, Lee Riback, Ben Jumper and Devin Taylor Member. Riback, motion carried. NO (0): City ofl Denton Public Utilities Board Minutes 8/9/2021 Page 13 B. PUB21-157 Management Reports 1. Budget Questions and Responses 2. Future Agenda Items 3. New Business Action Items The items were presented by staff. 4. CONCLUDING ITEMS There were no concluding items. CLOSED MEETING A. PUB21-130 Deliberations Regarding Certain Public Power Utilities: Competitive Matters Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Receive competitive and financial public power information from staff related to a power purchase agreement between the City ofDenton as the seller of power and electric energy services, and Texas Woman's University as the buyer of power and electric energy services; discuss and deliberate actions regarding the same. Consultation with the City'sattorneys regarding legal issues associated with the above matters where a public discussion oft these legal matters would conflict with the duty oft the City's attorneys to the City of] Denton and the Denton City Council under the Texas Disciplinary Rules of] Professional Conduct oft the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential Government Code, Section 551.071. litigation. With no: further business, the meeting was adjourned at 9:48 am. MANKIN KIM. dyak SUSANPARKER ph CHAIR UTILITIES ADMIN MANAGER CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS Minutes approved on: August 23, 2021.