WEBVTT

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 Okay, it is nine o'clock and we do have a quorum so we'll call to order the public utilities

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 board for the city of Denton for Monday October 11th, 2021.

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 Is there anyone in the public wishing to speak?

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 Is there anyone on the phone?

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 Kim, do you know if anyone's on the phone?

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 No?

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 All right, then we'll go into our regular meeting.

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 The first item is our consent agenda.

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 Does any board member wish to pull one of the items of A, B, or C?

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 I'm looking at Ben.

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 Go ahead, Ben.

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 I can't hear you.

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 Are you muted?

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 I am talking.

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 Okay.

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 I'm sorry.

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 Go ahead again, Ben.

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 We didn't hear it.

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 That's okay.

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 Item B is in boy.

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 Okay.

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 Item B is in boy.

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 All right.

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 Then do we have a motion to approve items A and C?

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 So moved.

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 Barbara, moved.

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 Do we have a second?

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 Larry seconded.

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 All in favor say aye.

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 Aye.

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 Okay, that includes Ben.

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 Then item B.

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 Yeah, I really just had one quick question about that.

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 It was talking about a switch between the type of steel, and it said stainless steel

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 was preferred.

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 I was curious.

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 Why is it preferred?

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 What's the difference?

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 What's the purpose of the switch, exactly?

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 Do we have someone from staff?

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 Madam Chair, let me see if Stephen Gay or one of his staff members is on the line.

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 Okay.

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 Yeah, this is Stephen Gay.

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 I was going to wait to see if Chris could answer the question, but essentially stainless

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 steel is more resistant to the rusting, and in the moist environment, it's preferred over

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 the galvanized.

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 Okay, that was it.

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 Thank you.

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 Okay.

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 Do we have a motion to approve item B?

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 Mr. Beck, motion to approve?

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 I'll second.

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 Ben, you can be the second.

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 All in favor say aye.

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 Aye.

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 All right, that carries.

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 Next item, items for individual consideration.

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 Consider the approval of the September 13th minutes.

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 Does anyone have any changes or corrections?

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 Okay, seeing none, do we have a motion to approve the minutes?

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 So moved.

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 Devin moved.

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 Barbara seconded.

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 All in favor say aye.

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 Aye.

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 That carries.

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 Okay.

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 Item B, consider recommending the adoption of an ordinance for the city of Denton to

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 declare the intent to reimburse capital expenditures for the electric utility.

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 There we go.

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 Good morning.

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 Randy Klingle, Treasury Manager.

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 I'm here to present to you a short slide deck regarding our annual reimbursement ordinance.

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 The purpose of this ordinance is due to the fact that the IRS wants the city to declare

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 its intent to reimburse itself with tax bonds that will be issued at a future date.

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 Generally, we sell the bonds 12 months after this ordinance is approved.

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 We like to do it before the end of the fiscal year for accounting purposes.

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 And this is also allowed in our current city's debt policy for us to do this.

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 The projects that you will see on the slides going forward, we're not gonna go through

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 them item by item.

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 They are the budgeted items for the utility departments.

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 So these were just approved in the September 21st overall budget for the city.

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 So there should be nothing new here for you to see, but these are the same projects.

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 The water projects are totaling a 34.4 for their budget for this current year.

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 Wastewater projects has a longer list.

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 There's three slides here, but also in your backup, I'll note that your AIS has a very

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 small narrative detail on the highlights of what they're doing this fiscal year.

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 There's large projects that are going on, but there's a small narrative in your backup.

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 Wastewater projects continue with a total of 44.2 million.

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 Solid Waste has a budget of 2.5, working on the scale house and some fleet facility.

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 Wastewater projects are totaling 52.9 this year, which brings your utilities to a grand

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 total of 134.1, and this is their budget for the fiscal year that we just started.

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 So our next steps are for staff to go to the bond oversight committee, where we will take

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 the geo bond portion of the total project list for review.

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 Then we'll come back to PUB and to council regarding the notice of intent.

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 At this time, this project dollars most likely will reduce.

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 We're not going until probably April for that, so they have some time to review the projects

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 and the current funds that they have available.

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 Then in May, we will go for a parameters ordinance for council, and then on May 22nd, we will

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 have a project bond sale and possible proceeds in mid-summer, possibly in June.

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 Yes, ma'am.

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 - I just have a general question, is the bond oversight committee, is that the public or

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 is that staff?

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 - It's public.

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 Yes, ma'am.

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 - And the council selects?

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 - Yes, they go through that program in 2019 when we had the bond election, they began

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 that committee process.

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 They went through the summer, had the election in November of 2019, and some of those stayed

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 on, and they try to meet quarterly to review all projects.

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 - Okay, thank you.

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 - Thank you, and that was all of my slides, so any questions further than that?

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 - Other questions?

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 Ben, no question from you, right?

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 Okay.

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 All right, no further questions.

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 Do we have a motion to approve?

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 Mary Beck is approving.

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 Motion to approve.

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 Second?

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 Barbara Russell.

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 All in favor, say aye.

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 - Aye.

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 - Opposed?

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 - Aye.

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 - Thank you, Ben.

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 Item C, consider recommending the adoption of an ordinance for the city of Denton, a

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 Texas Home Rule Municipal Corporation, authorizing the city manager to execute a contract with

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 Floyd Smith Concrete in the five-year not to exceed amount of $39 million.

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 - Good morning, Madam Chair, members of the PB.

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 My name is Ethan Cox.

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 I'm the general manager for public works for the city of Denton.

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 The item that you have before you this morning is for concrete repair and installation services.

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 This is not related to our capital projects.

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 Those are typically contracted separately.

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 This is really for spot pairs and smaller projects that are less than $400,000 in cost.

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 This is a city-wide contract, although public works uses about 70% of all the services.

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 That's our drainage streets, traffic, and parks and recreation.

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 We do have some utilities that are involved as well with water, wastewater, solid waste,

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 and I believe electric sometimes utilizes this contract as well.

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 You'll see here on this slide, we've included some of the types of work that you'll typically

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 see us use this contract for.

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 I would say about 50% of our overall annual spend, which up to this point is about $6

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 million a year.

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 About 50% of that we plan going into the year.

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 These repairs that are scheduled and anticipated.

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 About half of the rest of that expenditure is for emergency repairs as well as citizen

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 requests and issues that staff identifies in the field in the course of our ordinary work.

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 We have been seeing about a 7% cost escalation on an annual basis.

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 We expect that to continue as a result of some of the supply chain shortages we're seeing

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 with the pandemic.

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 Over here on the right, you can see our breakdown on the ... This is a three-year contract with

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 two optional one-year renewals.

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 We also have $4 million in there for contingencies.

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 Over a five-year period, it's an estimated total contract spend of $39 million.

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 For the solicitation, we did send this out to 486 prospective vendors.

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 We had about 21 express interest or at least view the solicitation on wave.

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 We did only have one response from a vendor.

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 This is the contractor we've worked with, Floyd Smith, for over 20 years here locally.

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 In terms of only getting one response, I know that's usually a question we look at.

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 I think from a staff perspective, there's a couple of things there.

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 I mentioned the pandemic, so we're not seeing as many bidders on some of these just because

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 they don't know if they can fulfill the obligations.

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 I think the other thing with a contract like this, these are small localized repairs.

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 You're mobilizing every day, two or three times a day.

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 For vendors outside of Denton, that can be a challenge.

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 We understand that's always a concern, but this wasn't necessarily unexpected for us

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 and we feel like we have a good relationship with the contractor and Floyd Smith.

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 From a staff perspective, we recommend that the PB recommend approval to the city council

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 for the concrete repair services.

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 Again, it's a two-year contract, I misspoke earlier, with the option for three one-year

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 renewals and that total not to exceed amount of 39 million.

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 I'm happy to stand for any questions.

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 Questions?

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 Yes, ma'am.

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 I don't think I have seen as many sidewalks and curbs being worked on in our city since

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 we've lived here.

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 Are we behind and catching up because they're in neighborhoods that are older neighborhoods

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 and it just seems like everywhere I go, there's a sidewalk or a curb being worked on.

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 Yeah, I think there's obviously our capital projects where anytime we go into the capital

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 project, we want to look at everything holistically, not just the street repair and reconstruction

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 as we have in the past.

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 With those projects, you're going to see curb and gutter, sidewalks, sometimes you may be

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 looking at bike lanes and lighting being installed as well.

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 I think from a maintenance and repair standpoint, really, we're trying to be more proactive.

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 I think in the past, we would really just wait until we saw an issue out in the field

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 or a citizen contacted us.

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 Really, we've put an emphasis the last couple of years on identifying where there's gaps,

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 where there's trip hazards, where there are things like that and really trying to program

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 that work.

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 That 50% of the contract spend is really geared toward being proactive and scheduling some

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 of those things so that we're not as reactive and not waiting for a citizen to complain.

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 So we're not fixing a straight and then tearing it up to do a water line?

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 No.

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 Ideally, that would be what we avoid.

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 Right.

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 Absolutely.

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 Good idea.

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 Oh, Mr. Beck, go ahead.

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 Quick question for my own edification.

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 I'm in a new development where the developer's fixing to get out of there and already we've

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 got a couple of areas on the sidewalk that are broken and I anticipate they'll fix it,

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 but just out of curiosity, what's the timeframe that they're obligated to fix once they're

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 done and out of there?

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 I'm not sure.

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 I'm not as involved with the development side of approval, but I do know that we do have

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 warranties for developers and typically what I've seen in those, I've seen two and three

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 year warranty periods for those.

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 I don't know if that's a standard for the city, but if you're seeing a developer that's

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 stepping out of there and part of what they've installed is already failing, that should

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 be covered under the warranty.

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 If you have specifics, if you want to shoot me an email, we can get that over to our inspections

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 division and make sure they're aware of it.

00:12:44.000 --> 00:12:45.600
 Well, I've been dealing with developers.

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 I feel certain that they'll take care of it, but good to know where I can go if they don't.

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 Yes, sir.

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 Thanks, sir.

00:12:52.520 --> 00:12:53.520
 Other questions?

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 Do we have a motion to approve item C?

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 So moved.

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 Barber moved.

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 Do we have a second?

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 Devin second.

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 All those in favor say aye.

00:13:06.920 --> 00:13:07.920
 Aye.

00:13:07.920 --> 00:13:08.920
 Aye.

00:13:08.920 --> 00:13:09.920
 Opposed?

00:13:09.920 --> 00:13:10.920
 Thank you very much.

00:13:10.920 --> 00:13:11.920
 Thanks, Ben.

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 All right.

00:13:12.920 --> 00:13:13.920
 Management reports.

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 Madam Chair, PB members, so we have a couple of reports that we've submitted to you.

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 One was the water cost of service study.

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 I think someone had requested that, and then we have the July 2021 dashboard for the Dent

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 Energy Center.

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 Nick Vincent is on the line if anyone has a question regarding those two reports.

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 And the third report is this customer service integrated utility payment solution contract.

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 Either Ryan Adams or Krista Foster are on the line.

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 So before I go to the next item, if there's any questions on any of those reports, I'll

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 be happy to respond.

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 Mr. Beck, go ahead.

00:13:51.200 --> 00:13:53.720
 Yeah, just a couple of things popped out to me.

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 First, I want to congratulate whoever put the report together.

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 I mean, for a lay person like me where it's hard to get your head wrapped around a lot

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 of this information, I thought it was well done, and I was able to understand it reasonably

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 well.

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 But a couple of things did pop out to me, if you could allow me to ask you about it.

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 In addition to the water operation and maintenance costs, utility, it says the utility pays a

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 5% annual franchise fee to the city and a 3.5% return on investment to the city.

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 It says the fees are based upon rate revenue, the franchise fee is calculated within the

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 model based upon the model's calculated revenue.

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 My question is, is this miscellaneous revenue that helps fund, what, city capital improvements

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 or some other thing?

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 So let me see if Nick is on the line, see if he can respond to that.

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 If not, I can give it a shot.

00:14:50.120 --> 00:14:51.120
 Nick?

00:14:51.120 --> 00:14:52.120
 Yes, I'm here.

00:14:52.120 --> 00:14:53.120
 Can you hear me?

00:14:53.120 --> 00:14:54.120
 Yes.

00:14:54.120 --> 00:14:58.400
 So Nick Vincent, assistant director of finance, great question.

00:14:58.400 --> 00:15:03.120
 So I believe your question would be is the return on investment and the franchise fees

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 that go to the general fund, what do those go to funds?

00:15:05.680 --> 00:15:06.680
 Is that your question?

00:15:06.680 --> 00:15:10.200
 It goes to the general fund then.

00:15:10.200 --> 00:15:14.240
 So it does go to the general fund for a couple of different reasons, or for a couple of different

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 purposes, so I can kind of walk you through it really quick.

00:15:17.680 --> 00:15:22.520
 So the franchise fees go to the general fund, those are eventually funneled over to the streets

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 fund for street infrastructure, and two, for the street improvement fund, so used around

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 the community for different improvements within streets, and I know Ethan had presented a

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 couple items to go, that's a perfect example of what those funds go to fund, is that department.

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 And the return on investment does go to the general fund just to cover overhead costs,

00:15:44.240 --> 00:15:50.360
 so it's the general fund's return on investment for owning those utilities, hopefully that

00:15:50.360 --> 00:15:51.360
 answers your question.

00:15:51.360 --> 00:15:52.360
 Yeah, it does.

00:15:52.360 --> 00:15:57.720
 And this applies to both water and wastewater, right?

00:15:57.720 --> 00:16:05.400
 Yes sir, actually the franchise fees and returns on investment applies to each of the utilities,

00:16:05.400 --> 00:16:10.800
 with the exception of solid waste, so water, waste water, and electric, each pay a franchise

00:16:10.800 --> 00:16:14.960
 fee and return on investment, and solid waste pays a franchise fee that does not pay a return

00:16:14.960 --> 00:16:15.960
 on investment.

00:16:15.960 --> 00:16:23.960
 Okay, and what was, what is the, what's it called, auction proceeds under these?

00:16:23.960 --> 00:16:24.960
 Yes.

00:16:24.960 --> 00:16:32.920
 Yeah, great question, so auction proceeds are simply just as it sounds, that is the

00:16:32.920 --> 00:16:38.560
 utilities sell at its assets, or dispose of those assets through auction, so you may remember

00:16:38.560 --> 00:16:42.640
 a couple meetings ago we had Terry Cater, the fleet superintendent, give a presentation

00:16:42.640 --> 00:16:48.800
 regarding vehicles, and the city purchased new vehicles, we sell from those older assets,

00:16:48.800 --> 00:16:54.920
 we bring those revenues into the funds to sell of assets, or sell of vehicles, yeah.

00:16:54.920 --> 00:17:00.200
 Okay, that makes sense, that's kind of what it sounds like, and then last thing, why wasn't

00:17:00.200 --> 00:17:06.400
 it determined by the city that no growth was assumed in the collection of water and wastewater

00:17:06.400 --> 00:17:14.760
 impact fees, it's just a static amount for the next five years, why was that?

00:17:14.760 --> 00:17:20.400
 So a great question, so a couple years ago the city updated the impact fee study for

00:17:20.400 --> 00:17:26.000
 the water and wastewater utility, but that study did look at a 10-year recoverable cost

00:17:26.000 --> 00:17:31.520
 that each of the utilities could recover through impact fees, that amount happens to be, for

00:17:31.520 --> 00:17:39.040
 example, for water around 60 million, I believe for wastewater around 45 or 49 million, what

00:17:39.040 --> 00:17:44.720
 we simply did is we took that amount, divided it over 10 years, that is a 10-year amount

00:17:44.720 --> 00:17:49.560
 we're going to recover from the community, from growth coming in, so from the impact

00:17:49.560 --> 00:17:54.640
 of those growths on those different utility systems, is it exact science, the impact fee

00:17:54.640 --> 00:18:00.000
 itself does consider growth, we just simply took that amount, divided it evenly over 10

00:18:00.000 --> 00:18:05.440
 years, not really knowing what year we would receive more or less, and I will tell you

00:18:05.440 --> 00:18:10.400
 that fluctuates year to year, I mean this year for example, water has received somewhere

00:18:10.400 --> 00:18:15.520
 around 7 million dollars in impact fees, when we budgeted it somewhere around 6 million,

00:18:15.520 --> 00:18:18.720
 so I mean that definitely does fluctuate year to year.

00:18:18.720 --> 00:18:25.160
 And this took into consideration the 100 coal development out on 35?

00:18:25.160 --> 00:18:29.160
 Great question, so the current impact fee study does not contemplate 100 coal ranch

00:18:29.160 --> 00:18:34.240
 development, one thing we've been talking about along with Stephen Gaye, the water waste

00:18:34.240 --> 00:18:40.280
 water utility director and the city management team is updating that impact fee study prior

00:18:40.280 --> 00:18:45.400
 to the five-year period to include that development, so that very likely could come back to you

00:18:45.400 --> 00:18:49.880
 in the near future, we likely will not wait for five years to update that study, so I

00:18:49.880 --> 00:18:54.680
 think that study was updated in 2018 or 2019, so we're approaching the third year of that

00:18:54.680 --> 00:18:55.680
 study.

00:18:55.680 --> 00:18:59.320
 Okay, great, thank you.

00:18:59.320 --> 00:19:00.320
 You're welcome.

00:19:00.320 --> 00:19:02.520
 Questions for anyone else?

00:19:02.520 --> 00:19:06.920
 All right, go on to new business.

00:19:06.920 --> 00:19:12.800
 So there's really no change to the new business items that we have, you know we have a number

00:19:12.800 --> 00:19:17.600
 of follow-ups that we're planning to do, the last request that we had was this emergency

00:19:17.600 --> 00:19:22.440
 preparedness for the DEC, we are working on a memo to you and anticipate having that for

00:19:22.440 --> 00:19:29.400
 you for the next meeting along with this legislative update as well, so if anyone has any questions

00:19:29.400 --> 00:19:33.160
 on those, I'd be happy to respond, but we are working on those.

00:19:33.160 --> 00:19:34.160
 Mr. Beck again.

00:19:34.160 --> 00:19:39.200
 I'm pretty talkative today, are we dealing with the list because I don't have it in front

00:19:39.200 --> 00:19:42.400
 of me, are we dealing with the list of issues that were raised in the past and where they

00:19:42.400 --> 00:19:43.400
 stand?

00:19:43.400 --> 00:19:45.560
 I can certainly read them out to you.

00:19:45.560 --> 00:19:50.960
 No, no, no, the one I was interested in, I think a former PUB member had soft presented

00:19:50.960 --> 00:19:58.160
 about how much solar energy was put back in, he and I were on what was called the Denton

00:19:58.160 --> 00:20:03.200
 drilling awareness group which is now defunct, so that is an item that interests me too,

00:20:03.200 --> 00:20:07.820
 so has there been any movement on it at all or is it just?

00:20:07.820 --> 00:20:13.320
 I can tell you that we are working on that, as you may be aware there's been a number

00:20:13.320 --> 00:20:18.780
 of questions that have come up regarding street lights and lighting and dark skies and a number

00:20:18.780 --> 00:20:25.240
 of other issues surrounding that, including questions regarding PPA that we recently did

00:20:25.240 --> 00:20:31.400
 with embassy suites and so the direction that we got is to work on that and we're planning

00:20:31.400 --> 00:20:35.880
 to have a conversation with the sustainability committee regarding all these matters, we're

00:20:35.880 --> 00:20:40.720
 going to just roll all this into that discussion and we'll come back to the PUB with whatever

00:20:40.720 --> 00:20:45.440
 recommendation that committee makes on that presentation and ultimately we'll go to council

00:20:45.440 --> 00:20:51.040
 to seek any direction, if there is any direction there's likely going to be a pretty broad

00:20:51.040 --> 00:20:58.680
 discussion about our total solar program and lighting in the city and those related matters,

00:20:58.680 --> 00:21:02.880
 so at this point I don't have a date certain of when we're going to do that, I can just

00:21:02.880 --> 00:21:08.640
 tell you that we are working on that and hope to have that before too long.

00:21:08.640 --> 00:21:11.240
 Good, I appreciate your attention to it, thank you.

00:21:11.240 --> 00:21:12.240
 Yes sir.

00:21:12.240 --> 00:21:16.120
 Any other board members?

00:21:16.120 --> 00:21:20.400
 Alright then on to concluding items, does a board member wish to have anything added

00:21:20.400 --> 00:21:26.080
 to a future agenda item or have congratulations or anything to add?

00:21:26.080 --> 00:21:33.240
 Alright, hearing none it is 922, do we have a motion to adjourn, Billy's not here, somebody

00:21:33.240 --> 00:21:34.240
 has to do it.

00:21:34.240 --> 00:21:35.240
 So moved.

00:21:35.240 --> 00:21:36.240
 I'll move.

00:21:36.240 --> 00:21:37.240
 Alright, we're adjourned.

00:21:37.240 --> 00:21:38.240
 Bye everyone.

00:21:38.240 --> 00:21:42.240
 [End of transcript]

