WEBVTT

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 - Okay, it is nine o'clock and we do have a quorum.

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 So a call to order the public utilities board

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 for the city of Denton on Monday, February 26th, 2024.

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 First item on the agenda is presentation

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 for members of the public.

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 Did anyone, nobody who wishes to speak.

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 Next item is the consent item.

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 Does any board member wish to pull an item from A through G?

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 - Yes, ma'am, I'd like to pull item A.

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 - Mr. Rybeck's pulling item A, any others?

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 All right, do we have a motion to approve items B through G?

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 - So moved. - Second.

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 - Okay, Mr. Cheek, Mr. Rybeck, all in favor say aye.

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 - Aye.

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 - Consider approval of the January 22nd, 2024 minutes.

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 They were. - So moved.

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 - Okay, and do we have a second?

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 Mr. Rybeck seconds, all in favor say aye.

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 - Aye.

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 - Oh, I'm sorry, missed item A.

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 - I'm out of order.

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 - Item A. - You're out of order.

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 (laughing)

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 - You need to slap me.

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 - We can do it after, that's okay.

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 - Okay, we'll do it now.

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 Item A.

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 - Mr. Manager, just to speak a little bit about the process

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 that we do to pre-qualify the engineers

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 before the department comes and answers

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 most of your questions.

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 We recommend that we get these pre-qualified lists

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 because per state law and our purchasing policy

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 that was approved by council, that we have to formally

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 solicit with a request for qualification all engineers.

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 By pre-qualifying them, it speeds up the process

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 when we need an engineer.

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 They've already combed through, as you can see,

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 they've got lots of submittals and qualified the top.

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 So if we had to do that each project, it would add time.

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 So this way, this allows it when they need one,

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 when one comes up, when a project gets passed

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 through CIP and budget and everything,

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 they can go to that list, they can use the qualifications

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 that were submitted now or they can,

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 if it's a specific project, request more projects

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 from them to evaluate and they evaluate them each time

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 for every project and then they start negotiating

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 with the top.

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 So I just wanted to let you know why we recommend

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 to do these pre-qualified lists.

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 - I understand why you're pre-qualified.

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 - Yeah.

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 - I mean, I appreciate the process

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 and that wasn't really my question.

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 My question is really about all these pre-qualifications.

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 In some of the categories, we have multiple firms

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 and in one category, we had only one firm

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 or in a couple, we only had a couple.

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 I was just curious if there was a need

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 for more engineering horsepower in a given category

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 or why there were more in some and fewer in others?

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 - Well, they were asked to select what category

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 they wanted to be qualified for.

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 So once it closes, we can't add more to it.

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 - I was asking about that, so I'm just saying.

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 - Yeah.

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 - You recommended, for instance,

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 in one category, four engineering firms,

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 another category, one engineering firm out of that.

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 Was that only because of the scoring

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 or because you're gonna have more need for them?

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 - It was mostly for the scoring.

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 I mean, they're supposed to score

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 per what was put out in the solicitation

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 and they each do it individually

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 just to make sure that it's done fairly and competitively

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 based on what qualifications they see.

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 And even though we have this qualified list,

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 if there is a project out there

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 that we don't feel anyone on the qualified list can do it,

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 then they can do a request for qualifications at that point.

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 - Specific to that project.

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 - Specific to that project, yeah.

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 They're not required to have to use this for every project.

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 They can still go out.

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 - Well, I must say,

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 I don't know what category you left untouched.

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 (laughing)

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 - They did have a lot.

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 They had a lot to review.

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 - Okay, thank you.

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 - One further question on the process here.

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 So once there's a category that has four qualified firms,

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 are they given projects kind of in rotation or based on?

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 - Every project, they get evaluated.

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 So yeah, they can reach out to the four that are qualified

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 and ask for more qualifications

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 and tell them the project,

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 like we have a water plant that needs something done to it.

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 They would reach out to them, ask for more qualifications

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 if they didn't feel they had enough already given to us

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 with this solicitation.

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 And then they evaluate them based on that project,

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 specific, those four.

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 So their scores reset for every project.

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 - Okay.

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 So this isn't like an IDIQ where they could just,

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 here's the task, here's the task.

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 Okay, thank you.

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 - Yep.

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 - Question.

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 - Yep.

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 - So notice that your cutoff seems to be 80.

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 - Yes.

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 - Right.

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 Apparently it was not taken into consideration that,

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 okay, well, cutoff's 80 and we only got three folks

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 and maybe that's not competitive enough.

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 Is there a consideration to go down that list a little?

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 - They did.

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 - They actually evaluated this one twice.

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 So the very first time they didn't have as many above 80.

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 So then after they discussed and talked individually,

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 we have them evaluate them individually

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 and then they get together in a group setting

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 and go over the scores and then can reevaluate.

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 - So was the experience of the firm

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 and some of these other items,

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 is the consideration with the firm only or did they,

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 let's say, I'm just gonna take these,

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 no specific burkoff.

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 Let's say they've got a lower experience score,

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 adequacy and availability, key personnel and project team.

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 Let's say they go and hire a bunch

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 of Corolla engineers guys.

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 Do you take that into consideration?

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 - If they didn't make the qualified list,

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 we wouldn't on projects.

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 But if they made, like if they made the qualified list

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 and then-- - Well, during that process

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 of making the qualified list.

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 - Stephen Gates, director of water utilities.

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 I believe you're asking if they were to add resources

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 to their team, would we take that in consideration?

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 It's basically, the evaluation is based off

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 of what they presented, right?

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 So we published the request for qualifications,

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 they respond, we evaluate their information.

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 If they were to have indicated

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 that they had this additional horsepower,

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 yes, it would have been taken into consideration.

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 If they didn't, there's no way the evaluation team

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 could take that into consideration.

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 - Okay, that's good, 'cause you know,

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 the point being, you never get off the low list

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 unless you improve your company

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 in the eyes of this assessment, at least, right?

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 - Yes. - In the eyes

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 of your assessment.

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 But that always needs to be a possibility, I think.

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 - It does, and that's why-- - Didn't they have

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 the same employees that they had 15 years ago?

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 So, I mean, you know.

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 - Well, and that's why we continue to republish the list.

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 So we revisit this every three to five years

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 to update the list, and to your point

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 about the limited number of companies in a given category,

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 as Lori mentioned, we went back and we reevaluated that,

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 'cause we recognized in the first pass

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 that we didn't have a lot of companies qualified

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 in specific areas, and we wanted to at least have three,

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 and so we reevaluated it, and we actually added

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 a significant number of companies to the list

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 based off of that process.

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 - So let's say, and I'm not going to,

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 let's say I start an engineering firm,

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 and you've never done business with that engineering firm,

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 and that engineering firm comes up and says,

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 well, we just hired Joe Blow with 30 years of experience

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 with water supply planning, and he brought a guy with him

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 that had 20 years of experience,

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 so that would be taken into effect, right?

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 - When we're doing our evaluation, yes.

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 We're in the three to five years.

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 - Yeah, in the three to five, yes, yes, ma'am.

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 - I mean, I like pre-qualification.

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 I think that's really the way to go.

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 I think there's some jobs that would go different

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 that we've discussed current, I mean, recently,

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 that may have gone another way had that been the case.

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 Not specifically with wastewater, but anyway.

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 Okay, that's all I got, thank you.

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 - Other questions?

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 Do we have a motion to approve item A?

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 - She was gonna say something.

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 - Oh, you were gonna say something, sorry.

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 - I was gonna add to Billy, just so you know,

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 all these firms that do not get qualified,

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 they in a lot do ask for a debrief,

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 and we go over and let them know

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 why they weren't qualified.

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 - Oh, yeah, I'm familiar with that.

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 - That's excellent, I compliment you on doing that.

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 I think a lot of firms would like to know.

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 I had further questions about the engineering services

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 regarding project impact and planning over time.

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 I'm assuming if you want this much engineering horsepower,

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 you got a lot of stuff you want them to do

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 in terms of either bond projects, capital,

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 or, you know, maintenance and repair.

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 - I'm Nick Damp, good morning board.

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 I'm the senior engineer with water utilities.

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 Can you repeat the question, sorry?

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 - I'd be happy to.

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 - Thank you.

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 - Since you're going out for so much engineering services,

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 I wanted to find out if these services are attached

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 to large scale planning projects.

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 The last time I saw a prequel this big,

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 it was for a $300 million bond project.

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 So I'm assuming you have some demand for their services.

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 I'd like to have some context for that.

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 - Well, we have the Ray Roberts expansion.

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 We have, you know, the expansion of our Pecan Creek

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 water rec plant.

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 We're gonna bring on two new rec plants in the near future.

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 That's not really in the five year right now,

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 but yeah, we have lots of large projects.

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 - Okay, could you give us an overall dollar volume,

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 time frame?

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 I mean, just for the sake of discussion,

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 I'm not asking for hard specifics,

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 but just a general idea.

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 - So, Mr. Rybeck, Stephen Gay, director of water utilities.

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 We, as you're aware, we're going through

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 the budget process right now.

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 So we have a significant number of projects

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 in the capital plan.

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 Depending on how that unfolds with regards to the rates

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 and different funding mechanisms and bonds,

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 that's gonna really drive what projects get approved

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 in the five year plan.

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 Right now, we have a current one from the last fiscal

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 23-24 budget cycle.

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 It was a total, in the five year plan

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 between water and wastewater was roughly $738 million

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 of capital investment.

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 So if that gives you, kind of paints that landscape for you.

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 - That's kind of what I was looking for,

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 some context to the demand for service.

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 It's quite significant.

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 - I thought so.

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 - Yes, sir.

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 (laughs)

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 - Is there a component to that that is also

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 planned maintenance and repair projects?

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 You know, replacing aging equipment and that sort of thing?

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 - Well, this is more for water and wastewater treatment

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 vertical processes, like for instance, water rights,

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 plant construction, you know, planning, emergency planning.

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 So the list is more focused on, excuse me,

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 the list is more focused on like,

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 let me think here, sorry.

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 Sorry, go ahead.

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 (laughs)

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 - That's okay, that's okay.

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 So to answer your question, Mr. Rybeck,

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 the projects do include some R&R.

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 So as we're going through and say we're doing a plant,

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 the plant expansion, part of that,

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 we've taken a look at the condition

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 of the existing facilities and say,

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 is there an opportunity while we're mobilized

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 to do this expansion to address some of our

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 more critical needs at that site?

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 So we do fold those into the capital plan.

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 - Okay, 'cause it seemed like we recently approved something

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 that was a repair project, a filter media replacement

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 or something, it was reasonably substantial.

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 - Yes, sir, yes, sir.

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 - Okay.

00:11:55.520 --> 00:11:56.360
 Well, very good, thank you.

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 That's kind of what I wanted, some context

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 for the request for service.

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 - Thank you.

00:12:00.480 --> 00:12:02.040
 - Understood.

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 - Any further questions?

00:12:03.660 --> 00:12:08.000
 Okay, do we have a motion to approve item A?

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 - So moved.

00:12:08.840 --> 00:12:09.680
 - Thank you, Mr. Rybeck.

00:12:09.680 --> 00:12:11.000
 And seconded by Mr. Cheek.

00:12:11.000 --> 00:12:12.120
 All in favor, say aye.

00:12:12.120 --> 00:12:13.760
 - Aye.

00:12:13.760 --> 00:12:17.960
 - All right, now onto PUB 24-046.

00:12:17.960 --> 00:12:22.480
 - 41.

00:12:22.480 --> 00:12:23.320
 - 41.

00:12:23.320 --> 00:12:24.520
 No, 40, no, we did the approval.

00:12:24.520 --> 00:12:25.360
 - We already did minutes?

00:12:25.360 --> 00:12:26.200
 - We already did minutes, yeah.

00:12:26.200 --> 00:12:28.440
 - Y'all are too fancy, you got two votes in there.

00:12:28.440 --> 00:12:30.680
 (laughing)

00:12:30.680 --> 00:12:36.560
 - You're up.

00:12:36.560 --> 00:12:42.680
 - Good morning, members of the PUB.

00:12:42.680 --> 00:12:44.720
 I'm Randy Key, Tate Municipal Electric,

00:12:44.720 --> 00:12:46.320
 electric engineering supervisor.

00:12:46.320 --> 00:12:51.400
 All right, bringing forward a contract

00:12:51.400 --> 00:12:54.040
 for distribution manual and automated equipment.

00:12:56.100 --> 00:12:59.800
 This RFP is for the supply of medium voltage,

00:12:59.800 --> 00:13:01.320
 manual and automated equipment.

00:13:01.320 --> 00:13:05.340
 It's for our trip savers, reclosers, switch gears.

00:13:05.340 --> 00:13:10.040
 These items are critical for our daily operation.

00:13:10.040 --> 00:13:13.240
 This equipment allows DME to switch distribution load

00:13:13.240 --> 00:13:14.400
 and isolate faults.

00:13:14.400 --> 00:13:18.360
 The main things that I wanna go over is,

00:13:18.360 --> 00:13:20.320
 everybody knows the supply chain.

00:13:20.320 --> 00:13:21.960
 These items have been hit.

00:13:21.960 --> 00:13:25.180
 We do see a one to anywhere from five years for lead times.

00:13:26.600 --> 00:13:29.060
 Along with the 50% increase in price,

00:13:29.060 --> 00:13:33.320
 these items are funded from our warehouse capital budget

00:13:33.320 --> 00:13:35.820
 and these assets are managed in-house at DME.

00:13:35.820 --> 00:13:39.760
 These are our estimated spend.

00:13:39.760 --> 00:13:42.680
 We're looking at 5.4 million a year.

00:13:42.680 --> 00:13:44.900
 With a total of 30 million,

00:13:44.900 --> 00:13:49.240
 we did add a three million contingency.

00:13:49.240 --> 00:13:52.240
 And we recommend approving this contract with ERBY.

00:13:54.040 --> 00:13:57.100
 And at this time, I'll take any questions you have.

00:13:57.100 --> 00:13:58.040
 - Questions.

00:13:58.040 --> 00:14:00.400
 Mr. Rybick.

00:14:00.400 --> 00:14:04.160
 - I noticed in your pricing evaluation sheet

00:14:04.160 --> 00:14:07.980
 that's a little bit more than the 5.4 million a year.

00:14:07.980 --> 00:14:09.040
 (laughs)

00:14:09.040 --> 00:14:11.040
 I was curious how you divided that up.

00:14:11.040 --> 00:14:17.200
 - We estimated our 5.4 million on years past

00:14:17.200 --> 00:14:20.760
 and we went up a little bit just because of,

00:14:20.760 --> 00:14:22.720
 if we need it for the next two physical years,

00:14:22.720 --> 00:14:24.320
 we need to purchase it this year.

00:14:24.320 --> 00:14:28.160
 So that's where our 5.4 came from.

00:14:28.160 --> 00:14:29.880
 - Okay, well, I just noticed some of these items

00:14:29.880 --> 00:14:32.320
 were a little bit more expensive than that.

00:14:32.320 --> 00:14:33.160
 - They are.

00:14:33.160 --> 00:14:33.980
 - Yeah.

00:14:33.980 --> 00:14:38.160
 That has been our life since 2020.

00:14:38.160 --> 00:14:40.080
 - That way your budget carries over to this year

00:14:40.080 --> 00:14:41.480
 and the next year.

00:14:41.480 --> 00:14:42.360
 - Yes, sir.

00:14:42.360 --> 00:14:43.780
 - Any further questions?

00:14:43.780 --> 00:14:47.520
 Do we have a motion to approve this item?

00:14:47.520 --> 00:14:50.080
 Mr. Rybick's moving.

00:14:52.480 --> 00:14:53.320
 - Thank you.

00:14:53.320 --> 00:14:54.140
 - Mr. Taylor seconds.

00:14:54.140 --> 00:14:54.980
 All in favor?

00:14:54.980 --> 00:14:55.820
 - Aye.

00:14:55.820 --> 00:14:58.600
 - And it's reading the courts.

00:14:58.600 --> 00:14:59.440
 - Thank you.

00:14:59.440 --> 00:15:05.840
 - So Madam Chair, members of the PUB,

00:15:05.840 --> 00:15:08.300
 so we do have a few items for you.

00:15:08.300 --> 00:15:12.520
 The first item is just a listing of the items

00:15:12.520 --> 00:15:14.080
 that had come to the PUB,

00:15:14.080 --> 00:15:16.480
 but as you know, we didn't have a quorum.

00:15:16.480 --> 00:15:17.480
 I did talk with the Chair

00:15:17.480 --> 00:15:20.180
 and we did push those forward to the City Council.

00:15:20.180 --> 00:15:21.500
 We've listed those out for you.

00:15:21.500 --> 00:15:25.660
 The backup is online, both on the archive information

00:15:25.660 --> 00:15:27.080
 for the PUB and also for the Council.

00:15:27.080 --> 00:15:30.120
 If you have any questions, Lori and her team are here.

00:15:30.120 --> 00:15:32.160
 I think we still have some staff members here

00:15:32.160 --> 00:15:34.360
 if there's any questions on any of those items.

00:15:34.360 --> 00:15:36.800
 But they were all approved by the City Council.

00:15:36.800 --> 00:15:37.640
 - All right.

00:15:37.640 --> 00:15:39.440
 No questions.

00:15:39.440 --> 00:15:43.840
 - We don't blame you, Billy.

00:15:43.840 --> 00:15:45.920
 - Life happens.

00:15:45.920 --> 00:15:49.560
 - So the next item is just future agenda items.

00:15:49.560 --> 00:15:53.880
 We did list on here for March 11th,

00:15:53.880 --> 00:15:58.680
 we will be coming to the PUB per the Council's direction.

00:15:58.680 --> 00:16:01.240
 We also had a riveting presentation ready for you

00:16:01.240 --> 00:16:03.840
 at the last meeting and we didn't have a quorum.

00:16:03.840 --> 00:16:07.080
 So we went forward to the Council, we presented.

00:16:07.080 --> 00:16:08.120
 - It was riveting.

00:16:08.120 --> 00:16:08.960
 - It was riveting.

00:16:08.960 --> 00:16:13.960
 So we did present to the City Council on the DME budget,

00:16:13.960 --> 00:16:17.700
 received direction from the Council basically on three items.

00:16:17.700 --> 00:16:20.840
 One is to finance a little bit over $31 million

00:16:20.840 --> 00:16:21.680
 over five years.

00:16:21.680 --> 00:16:25.680
 This was related to purchase power expenses in the summer.

00:16:25.680 --> 00:16:28.880
 And also a recommendation to kind of get back

00:16:28.880 --> 00:16:31.840
 to managing the fund the way it was intended

00:16:31.840 --> 00:16:35.620
 with an ECA and a TCRF that recovers appropriately.

00:16:35.620 --> 00:16:39.000
 We'll be bringing that particular item on the ECA and TCRF

00:16:39.000 --> 00:16:42.560
 back to the Board here with a revision

00:16:42.560 --> 00:16:45.800
 to the rate ordinance that will then go to Council

00:16:45.800 --> 00:16:49.080
 for further consideration approval on the 19th.

00:16:49.080 --> 00:16:52.320
 And so that's what we have for you today.

00:16:52.320 --> 00:16:54.580
 Obviously we have a number of items,

00:16:54.580 --> 00:16:57.040
 budgetary items that will be coming to you

00:16:57.040 --> 00:17:01.600
 as part of the normal course of the budget process.

00:17:01.600 --> 00:17:05.440
 And then the next item is just new business.

00:17:05.440 --> 00:17:08.140
 We've completed the very first item that you have on here

00:17:08.140 --> 00:17:10.260
 on the third party software,

00:17:10.260 --> 00:17:13.120
 still kind of working through the cost analysis

00:17:13.120 --> 00:17:16.120
 on some information that was requested on the criteria

00:17:16.120 --> 00:17:20.080
 manuals, we'll be working with the Post Development Services

00:17:20.080 --> 00:17:24.640
 to provide you a memorandum on that particular topic.

00:17:24.640 --> 00:17:27.720
 And then the item on relate to fleet,

00:17:27.720 --> 00:17:29.000
 obviously we still have some time on that

00:17:29.000 --> 00:17:30.840
 to continue to evaluate that.

00:17:30.840 --> 00:17:33.000
 And before I kind of turn over for any questions,

00:17:33.000 --> 00:17:34.080
 just have a couple of other items

00:17:34.080 --> 00:17:37.040
 wanted to kind of inform you about.

00:17:37.040 --> 00:17:42.040
 One, just a request and just a reminder about TOMA.

00:17:43.360 --> 00:17:47.800
 If you are sending emails to staff or to each other,

00:17:47.800 --> 00:17:49.840
 please make sure that you blind copy each other

00:17:49.840 --> 00:17:52.840
 so that we don't get into any kind of TOMA violations.

00:17:52.840 --> 00:17:54.400
 I don't have any questions about that.

00:17:54.400 --> 00:17:57.420
 Marcel, I can certainly talk about that some more.

00:17:57.420 --> 00:18:01.600
 The other item that also went to Council last week

00:18:01.600 --> 00:18:05.240
 was related to an RFP that we did related

00:18:05.240 --> 00:18:08.400
 to a Bitcoin miner, the Council did give us approval

00:18:08.400 --> 00:18:13.280
 to proceed, the specific RFP award, PPA lease,

00:18:13.280 --> 00:18:15.840
 we'll be coming to the board when that is ready.

00:18:15.840 --> 00:18:17.720
 And so I didn't wanna let you know that that was an item

00:18:17.720 --> 00:18:19.420
 that did go to the Council.

00:18:19.420 --> 00:18:23.420
 Was that originally coming here for a variety of reasons,

00:18:23.420 --> 00:18:27.360
 but Council gave us direction to continue to negotiate.

00:18:27.360 --> 00:18:30.000
 Once that is ready, we will bring that to you.

00:18:30.000 --> 00:18:33.760
 So with that, that's the update that I have,

00:18:33.760 --> 00:18:35.840
 certainly happy to answer any questions you may have.

00:18:35.840 --> 00:18:36.680
 - Go ahead.

00:18:36.680 --> 00:18:39.240
 - So with the Bitcoin going to the Council,

00:18:39.240 --> 00:18:40.760
 then they're gonna be bringing back the lease.

00:18:40.760 --> 00:18:43.400
 Is this gonna be a foregone conclusion

00:18:43.400 --> 00:18:46.560
 as far as us to just give it the vote and go on,

00:18:46.560 --> 00:18:48.880
 or can there be changes made at that point,

00:18:48.880 --> 00:18:51.800
 or are we gonna be stepping on some toes with the Council?

00:18:51.800 --> 00:18:56.040
 - No, I think the Council, like with all the other items,

00:18:56.040 --> 00:18:58.680
 wants the board to provide them advice.

00:18:58.680 --> 00:19:01.120
 And so certainly they'll take that into consideration

00:19:01.120 --> 00:19:02.680
 on their final decision,

00:19:02.680 --> 00:19:04.960
 whether or not to approve the PPA or the lease.

00:19:04.960 --> 00:19:06.200
 - Thank you. - Yes, sir.

00:19:07.080 --> 00:19:10.280
 - So, excuse me, I've got a comment,

00:19:10.280 --> 00:19:14.480
 and it's mostly on the ECA, the way we,

00:19:14.480 --> 00:19:16.840
 I like the direction that we've gone.

00:19:16.840 --> 00:19:18.400
 I think it's more open,

00:19:18.400 --> 00:19:21.180
 which is what everybody says they're trying to get.

00:19:21.180 --> 00:19:27.720
 There's a huge discussion going on with neighborhoods

00:19:27.720 --> 00:19:30.080
 and HOAs from people who don't understand

00:19:30.080 --> 00:19:34.200
 the difference between the prices.

00:19:34.200 --> 00:19:36.760
 And so if our mainline price

00:19:36.760 --> 00:19:39.040
 seems much higher than everyone else's,

00:19:39.040 --> 00:19:42.080
 the other guys aren't telling them

00:19:42.080 --> 00:19:43.800
 that the ECA rate is variable, right?

00:19:43.800 --> 00:19:45.760
 I mean, it varies.

00:19:45.760 --> 00:19:49.760
 And I hope we can continue to get education out there

00:19:49.760 --> 00:19:50.600
 and talk to people.

00:19:50.600 --> 00:19:55.600
 Are you seeing a lot of feedback from folks about costs?

00:19:55.600 --> 00:19:57.720
 - No, I'm not.

00:19:57.720 --> 00:19:59.360
 And certainly there's a number of other things

00:19:59.360 --> 00:20:01.560
 that may be kind of eclipsing that.

00:20:01.560 --> 00:20:05.080
 But I'll tell you, we try to present the information

00:20:05.080 --> 00:20:08.600
 in terms of an average user of 1,000 kilowatts,

00:20:08.600 --> 00:20:12.840
 and then we back into what the cents per kilowatt is.

00:20:12.840 --> 00:20:16.680
 Currently, we're at 10.7 cents per kilowatt.

00:20:16.680 --> 00:20:21.000
 Our review in the private sector,

00:20:21.000 --> 00:20:24.720
 you're looking at a 12-month contract north of 15 cents.

00:20:24.720 --> 00:20:28.440
 And so where we are today compared to where

00:20:28.440 --> 00:20:30.920
 other providers are, certainly other MOUs,

00:20:30.920 --> 00:20:34.840
 we're certainly the cheapest, where we will be,

00:20:34.840 --> 00:20:38.480
 just from the changes on the ECA TCRF,

00:20:38.480 --> 00:20:42.160
 by fiscal year '25, we'll be at 13 cents per kilowatt hours.

00:20:42.160 --> 00:20:44.880
 We're still considerably less than where

00:20:44.880 --> 00:20:47.200
 those other providers are currently at.

00:20:47.200 --> 00:20:49.200
 We're not even assuming other increase

00:20:49.200 --> 00:20:51.360
 that they're gonna continue to be doing.

00:20:51.360 --> 00:20:54.200
 They certainly are faced with the same type

00:20:54.200 --> 00:20:56.640
 of escalating prices on power,

00:20:56.640 --> 00:20:58.960
 and as you've seen, even with equipment.

00:20:58.960 --> 00:21:01.040
 And so we anticipate that they'll continue

00:21:01.040 --> 00:21:03.040
 to increase as well, just like they have

00:21:03.040 --> 00:21:04.760
 over the last almost seven years

00:21:04.760 --> 00:21:08.000
 where DME has been flat on its rates.

00:21:08.000 --> 00:21:11.440
 - Well, the other guys don't have to follow

00:21:11.440 --> 00:21:14.680
 the same rules that we do, or they don't,

00:21:14.680 --> 00:21:16.920
 even if they're supposed to, but you know what I'm saying?

00:21:16.920 --> 00:21:20.520
 I mean, in the past, we have done some things in ECA

00:21:20.520 --> 00:21:22.400
 that I think shouldn't have been there,

00:21:22.400 --> 00:21:24.200
 and I think you're trying to correct those things,

00:21:24.200 --> 00:21:25.300
 and I appreciate that.

00:21:26.960 --> 00:21:30.000
 But the other folks, you know, I mean,

00:21:30.000 --> 00:21:32.480
 they're calling on the phone to make a sales job,

00:21:32.480 --> 00:21:35.720
 and so we don't get to compete with that.

00:21:35.720 --> 00:21:37.280
 So dumbing it down a little bit,

00:21:37.280 --> 00:21:38.640
 I'm sorry for that expression,

00:21:38.640 --> 00:21:42.320
 but I need things dumbed down for me, a lot of things.

00:21:42.320 --> 00:21:45.280
 I mean, just for the general public to understand.

00:21:45.280 --> 00:21:47.360
 - Yeah, make it understandable to the general public.

00:21:47.360 --> 00:21:48.880
 - They're being more transparent,

00:21:48.880 --> 00:21:50.880
 and that's the right way to do things,

00:21:50.880 --> 00:21:54.200
 and I mean, anyway.

00:21:54.200 --> 00:21:57.880
 - It's out there, it's a lot of social media going on,

00:21:57.880 --> 00:21:58.720
 a lot of people in discussion,

00:21:58.720 --> 00:22:00.720
 and I try not to jump in the middle of it

00:22:00.720 --> 00:22:03.400
 unless I know the person, so.

00:22:03.400 --> 00:22:07.040
 - I received more emails in the last few days

00:22:07.040 --> 00:22:09.600
 about Bitcoin mining than I have about our rates,

00:22:09.600 --> 00:22:14.120
 and so, so yeah, so, and I may have more today, but--

00:22:14.120 --> 00:22:15.240
 - Yeah, I'm sure you will.

00:22:15.240 --> 00:22:19.240
 - I promise you, mining, it's here to stay.

00:22:19.240 --> 00:22:22.600
 - All right, any other discussion?

00:22:22.600 --> 00:22:23.440
 Yes, go ahead.

00:22:23.440 --> 00:22:25.400
 - I do would like clarification on the comment

00:22:25.400 --> 00:22:28.840
 about the emails, just for my own understanding.

00:22:28.840 --> 00:22:32.240
 So if I send an email to the chair,

00:22:32.240 --> 00:22:37.160
 I copy other folks, I should be blind copying them?

00:22:37.160 --> 00:22:38.880
 I mean, was that the implication?

00:22:38.880 --> 00:22:40.600
 - So the idea of blind copying

00:22:40.600 --> 00:22:42.680
 is so that you don't accidentally reply all,

00:22:42.680 --> 00:22:43.920
 'cause that's the problem,

00:22:43.920 --> 00:22:45.360
 is when you have public officials

00:22:45.360 --> 00:22:47.600
 who are on an email that you reply all to,

00:22:47.600 --> 00:22:49.360
 you're creating a walking quorum.

00:22:49.360 --> 00:22:52.600
 - A walking quorum?

00:22:52.600 --> 00:22:57.120
 - Yes, so when you email me and you copy Tony and Kim,

00:22:57.120 --> 00:22:59.120
 no violation, none.

00:22:59.120 --> 00:23:00.960
 If you do a reply to all,

00:23:00.960 --> 00:23:03.880
 and we're all included on that email.

00:23:03.880 --> 00:23:05.320
 - Okay.

00:23:05.320 --> 00:23:07.640
 - Most of the time, it's innocent, but--

00:23:07.640 --> 00:23:08.960
 - Yeah. - Sometimes it hasn't been.

00:23:08.960 --> 00:23:10.480
 - Yeah. - Well, let me just,

00:23:10.480 --> 00:23:13.120
 that's the next question, I've done this multiple times.

00:23:13.120 --> 00:23:17.120
 If I send an email to you,

00:23:17.120 --> 00:23:19.880
 I always copy Billy since he's the vice chair,

00:23:19.880 --> 00:23:21.080
 and I think that's appropriate

00:23:21.080 --> 00:23:23.600
 in case you're not available, don't get it.

00:23:23.600 --> 00:23:26.520
 And then of course, Tony and Kim,

00:23:26.520 --> 00:23:29.720
 so that they can alert or coordinate

00:23:29.720 --> 00:23:32.520
 or whatever needs to be done with the question at hand.

00:23:32.520 --> 00:23:34.280
 So is that appropriate?

00:23:34.280 --> 00:23:36.120
 - So that is three members.

00:23:36.120 --> 00:23:38.800
 The minute it gets to four, it creates a walking quorum.

00:23:38.800 --> 00:23:40.240
 - Oh, okay. - So the concern is

00:23:40.240 --> 00:23:42.480
 that if you were to add someone later on in the chain,

00:23:42.480 --> 00:23:45.960
 or you were to reply all and add another commissioner,

00:23:45.960 --> 00:23:47.800
 then you would create that walking quorum.

00:23:47.800 --> 00:23:49.600
 - Okay, well that helps me understand that.

00:23:49.600 --> 00:23:51.520
 Thank you very much. - You're welcome, all right.

00:23:51.520 --> 00:23:53.080
 - Just for instance, like I went,

00:23:53.080 --> 00:23:55.080
 Arts and Jazz Festival year, I remember walking up

00:23:55.080 --> 00:23:58.040
 and there was three council members standing there

00:23:58.040 --> 00:23:59.200
 trying to get up Shinerbock,

00:23:59.200 --> 00:24:01.640
 and one more walked up behind me,

00:24:01.640 --> 00:24:03.480
 and they were like, "Whoa, we can't be here."

00:24:03.480 --> 00:24:05.440
 (all laughing)

00:24:05.440 --> 00:24:07.600
 - So that fourth one had to wait for his Shinerbock.

00:24:07.600 --> 00:24:09.760
 - That's right. - Or hers, yeah, okay.

00:24:09.760 --> 00:24:13.000
 That would be a problem.

00:24:13.000 --> 00:24:14.960
 - Yeah, oh my gosh.

00:24:14.960 --> 00:24:17.160
 Only if Shinerbock is public business.

00:24:17.160 --> 00:24:18.880
 (all laughing)

00:24:18.880 --> 00:24:20.360
 - Yeah, just for clarification, Mr. Rybak,

00:24:20.360 --> 00:24:22.200
 that wasn't directed at your emails.

00:24:22.200 --> 00:24:24.600
 And so we see that-- - You can raise

00:24:24.600 --> 00:24:27.080
 the question in my mind. - Yes, sir, yes, sir.

00:24:27.080 --> 00:24:29.600
 - You know, process-wise, am I doing this correctly?

00:24:29.600 --> 00:24:31.520
 Now that I understand the concern

00:24:31.520 --> 00:24:34.240
 that it's the walking quorum, it makes sense.

00:24:34.240 --> 00:24:35.080
 - Right.

00:24:35.080 --> 00:24:37.480
 Madam Chair, that's all I have.

00:24:37.480 --> 00:24:39.840
 - All right, any other discussion?

00:24:39.840 --> 00:24:41.240
 On to concluding items.

00:24:41.240 --> 00:24:44.040
 Does any board member wish to say anything to the public

00:24:44.040 --> 00:24:45.960
 or add something to a future agenda?

00:24:48.120 --> 00:24:49.360
 Seeing none.

00:24:49.360 --> 00:24:51.280
 Billy, do we have a motion to adjourn?

00:24:51.280 --> 00:24:53.160
 924. - Adjourned.

00:24:53.160 --> 00:24:55.000
 - All right, we're adjourned.

00:24:55.000 --> 00:24:56.680
 - Do we have any questions?

