1 00:00:00,000 --> 00:00:05,000 - Good morning and welcome to the April 22nd, 2024 meeting 2 00:00:05,000 --> 00:00:09,600 of the Denton Public Utilities Board. 3 00:00:09,600 --> 00:00:13,580 We are called to order at 9.03 a.m. 4 00:00:13,580 --> 00:00:17,240 Our first item of business is presentations 5 00:00:17,240 --> 00:00:18,720 from members of the public. 6 00:00:18,720 --> 00:00:20,220 Do we have any presentations? 7 00:00:20,220 --> 00:00:24,480 Moving on to the consent agenda. 8 00:00:24,480 --> 00:00:25,900 Would anybody like to pull any items 9 00:00:25,900 --> 00:00:27,240 for further consideration? 10 00:00:28,340 --> 00:00:33,340 - Chair, I'd like to pull up PUB 24-079. 11 00:00:33,340 --> 00:00:35,160 - Okay, that's item C. 12 00:00:35,160 --> 00:00:36,000 - Yes. 13 00:00:36,000 --> 00:00:38,640 - All right, any others to be discussed? 14 00:00:38,640 --> 00:00:45,180 Entertain a motion for the A and B. 15 00:00:45,180 --> 00:00:49,080 - So moved. 16 00:00:49,080 --> 00:00:50,500 - Second. 17 00:00:50,500 --> 00:00:51,920 - Motion and a second. 18 00:00:51,920 --> 00:00:52,800 All in favor? 19 00:00:52,800 --> 00:00:53,720 - Aye. 20 00:00:53,720 --> 00:00:54,560 - Opposed? 21 00:00:54,560 --> 00:00:57,160 Motion passes. 22 00:00:57,160 --> 00:00:59,280 And so item C of the consent agenda. 23 00:00:59,280 --> 00:01:01,360 Consider recommending adoption of an ordinance 24 00:01:01,360 --> 00:01:02,600 of the city of Denton, 25 00:01:02,600 --> 00:01:05,680 authorizing the city manager to contract 26 00:01:05,680 --> 00:01:09,560 with Mann Robinson and Son for site preparation 27 00:01:09,560 --> 00:01:12,200 and of a concrete retaining wall 28 00:01:12,200 --> 00:01:13,680 for the Underwood substation, 29 00:01:13,680 --> 00:01:19,480 not to exceed $2.7 million approximately. 30 00:01:19,480 --> 00:01:21,480 - Yes sir, Mark Zimmer, DME. 31 00:01:21,480 --> 00:01:23,680 Happy to answer any questions you might have. 32 00:01:26,240 --> 00:01:28,560 (laughs) 33 00:01:28,560 --> 00:01:33,560 Could you, would you show that on Google for me as to... 34 00:01:33,560 --> 00:01:38,760 - Yes sir, the location of the site 35 00:01:38,760 --> 00:01:41,240 is a triangular piece of property right here 36 00:01:41,240 --> 00:01:45,120 at the corner of Underwood and approximately 24-49. 37 00:01:45,120 --> 00:01:47,080 - And the retaining wall will be? 38 00:01:47,080 --> 00:01:49,280 - Retaining wall will be on the backside 39 00:01:49,280 --> 00:01:50,120 of the property here. 40 00:01:50,120 --> 00:01:52,360 There's a transmission line that crosses 41 00:01:52,360 --> 00:01:54,680 the back of the property and it's right up against that. 42 00:01:54,680 --> 00:01:56,720 - So you're following a utility easement? 43 00:01:56,720 --> 00:01:59,640 - The retaining wall will be outside 44 00:01:59,640 --> 00:02:01,360 of the utilities and yes, following it. 45 00:02:01,360 --> 00:02:03,320 - Run parallel and then does it, 46 00:02:03,320 --> 00:02:06,440 so is it a triangular shape and then it comes back 47 00:02:06,440 --> 00:02:09,200 and hits 24-49, is that what you're thinking? 48 00:02:09,200 --> 00:02:11,400 - Yeah, the piece of property is a triangular shape. 49 00:02:11,400 --> 00:02:15,020 It has transmission lines on the south and on the north side. 50 00:02:15,020 --> 00:02:17,600 Retaining wall is only on the north side. 51 00:02:17,600 --> 00:02:18,420 - Only on the north side? 52 00:02:18,420 --> 00:02:19,920 - Only on the north side, yes sir. 53 00:02:19,920 --> 00:02:23,940 Yeah, it's kind of hard to see here, 54 00:02:23,940 --> 00:02:26,820 but this is somewhat of a hill, 55 00:02:26,820 --> 00:02:29,920 small hill that we have to cut and put a retaining wall in. 56 00:02:29,920 --> 00:02:34,880 - Usually how, what would be the height of that retaining wall? 57 00:02:34,880 --> 00:02:36,580 - That wall is only about six foot tall. 58 00:02:36,580 --> 00:02:39,080 - Okay, so really it's not for security per se, 59 00:02:39,080 --> 00:02:43,040 is it just for, will it be used as a, 60 00:02:43,040 --> 00:02:49,320 for the water that runs off just gives it a direction 61 00:02:49,320 --> 00:02:51,820 to go head on south into a creek and such? 62 00:02:51,820 --> 00:02:55,400 - Right, the water all head south down into this pond area 63 00:02:55,400 --> 00:02:56,320 down here. 64 00:02:56,320 --> 00:03:00,200 The retaining wall is meant to keep the land 65 00:03:00,200 --> 00:03:02,500 from shifting back down onto our site. 66 00:03:02,500 --> 00:03:05,080 We have to cut some of this hill back 67 00:03:05,080 --> 00:03:07,680 to make enough level land for our substation. 68 00:03:07,680 --> 00:03:09,200 The retaining wall holds the land back 69 00:03:09,200 --> 00:03:12,000 and also provides a way to drain the water off. 70 00:03:12,000 --> 00:03:15,640 - Okay, thank you very much, thank you Mr. Chairman. 71 00:03:15,640 --> 00:03:17,840 - Since we're talking about this project, 72 00:03:17,840 --> 00:03:21,980 I was curious, what's the total footprint of the substation? 73 00:03:21,980 --> 00:03:24,440 - The total parcel is 10 acres 74 00:03:24,440 --> 00:03:26,720 and about half of that's encumbered by transmission lines. 75 00:03:26,720 --> 00:03:29,040 So about five acres is what we're developing 76 00:03:29,040 --> 00:03:30,560 for the substation. 77 00:03:30,560 --> 00:03:34,280 - Okay, 10 acre plot, five acre of substation. 78 00:03:34,280 --> 00:03:37,580 And is this a substation for the developments 79 00:03:37,580 --> 00:03:39,840 that are going in? 80 00:03:39,840 --> 00:03:41,040 - Around Hunter and Coal Ranch. 81 00:03:41,040 --> 00:03:42,080 - Hunter and Coal Ranch? 82 00:03:42,080 --> 00:03:42,920 - Yes sir. 83 00:03:42,920 --> 00:03:47,280 - Okay, and what's the size of the, 84 00:03:47,280 --> 00:03:49,200 electrically, what's the size of the substation? 85 00:03:49,200 --> 00:03:52,600 - It's 130 AKV substation. 86 00:03:52,600 --> 00:03:54,280 We're building it for an initial capacity 87 00:03:54,280 --> 00:03:56,760 of serving 100 megawatts. 88 00:03:56,760 --> 00:03:57,880 - 100 megawatts, thank you. 89 00:03:57,880 --> 00:03:58,700 - Yes sir. 90 00:03:58,700 --> 00:04:02,360 - Any further questions? 91 00:04:02,360 --> 00:04:07,360 Would anybody like to make a motion? 92 00:04:07,360 --> 00:04:11,000 - So moved. 93 00:04:11,000 --> 00:04:12,080 - Second. 94 00:04:12,080 --> 00:04:15,600 - We have a motion to approve recommending, 95 00:04:15,600 --> 00:04:17,640 or recommending adoption of an ordinance 96 00:04:17,640 --> 00:04:19,960 for construction of this retaining wall. 97 00:04:19,960 --> 00:04:21,080 All in favor? 98 00:04:21,080 --> 00:04:21,920 - Aye. 99 00:04:21,920 --> 00:04:22,740 - Aye. 100 00:04:22,740 --> 00:04:23,580 - Opposed? 101 00:04:23,580 --> 00:04:25,360 - Thank you. 102 00:04:25,360 --> 00:04:26,200 - Motion carries. 103 00:04:26,200 --> 00:04:27,020 - Thank you. 104 00:04:27,020 --> 00:04:29,880 - Moving on to items for individual consideration. 105 00:04:29,880 --> 00:04:34,080 Our first item is approval of the April 8th minutes. 106 00:04:34,080 --> 00:04:37,160 - So moved. 107 00:04:37,160 --> 00:04:39,240 - Thank you, Commissioner Boyle. 108 00:04:39,240 --> 00:04:40,080 Seconds? 109 00:04:40,080 --> 00:04:41,580 - Second. 110 00:04:41,580 --> 00:04:42,560 - Lee seconds. 111 00:04:42,560 --> 00:04:43,400 All in favor? 112 00:04:43,400 --> 00:04:44,960 - Aye. 113 00:04:44,960 --> 00:04:45,800 - Opposed? 114 00:04:45,800 --> 00:04:46,620 None. 115 00:04:46,620 --> 00:04:50,440 Now items for individual consideration. 116 00:04:50,440 --> 00:04:54,160 Item B, consider recommending adoption of an ordinance 117 00:04:54,160 --> 00:04:59,160 for the sale and delivery of $31.5 million in revenue notes 118 00:04:59,160 --> 00:05:03,680 and authorizing the issuance of these notes. 119 00:05:03,680 --> 00:05:08,960 - Good morning, Randy Klingle, Treasury Manager. 120 00:05:08,960 --> 00:05:11,600 Have a brief presentation about the bond parameters 121 00:05:11,600 --> 00:05:15,180 and ordinance for the utility system revenue bond sale. 122 00:05:15,180 --> 00:05:20,180 As DME has discussed in the past with this board 123 00:05:20,180 --> 00:05:24,480 and also with council, in fiscal year 2023, 124 00:05:24,480 --> 00:05:28,320 the energy consumption exceeded their expectations 125 00:05:28,320 --> 00:05:31,460 in the months of July, August, and September. 126 00:05:31,460 --> 00:05:35,560 Temperatures exceeded 110 degrees 127 00:05:35,560 --> 00:05:39,640 well into the 30 day mark over that time period. 128 00:05:39,640 --> 00:05:43,840 Evening prices were capped at the maximum of $5,000 129 00:05:43,840 --> 00:05:47,360 per Bangawatt, which resulted in last fiscal year 130 00:05:47,360 --> 00:05:50,760 a $31.26 million shortfall. 131 00:05:50,760 --> 00:05:53,040 And as they discussed previously with you all 132 00:05:53,040 --> 00:05:54,480 in the council is that we were gonna do 133 00:05:54,480 --> 00:05:57,720 some short term financing to recoup that. 134 00:05:57,720 --> 00:06:02,280 So we're looking at a five year term 135 00:06:02,280 --> 00:06:05,600 to accommodate for the $31.26 million, 136 00:06:05,600 --> 00:06:08,340 which would equal about a $7 million debt service payment 137 00:06:08,340 --> 00:06:12,180 for DME, which they do have allocated in their budget. 138 00:06:12,180 --> 00:06:18,520 And my next step is that we will have the May sale 139 00:06:18,520 --> 00:06:21,640 for the $31 million and we will receive those proceeds 140 00:06:21,640 --> 00:06:24,800 in mid-June, excuse me. 141 00:06:24,800 --> 00:06:29,640 And those are all the slides I have 142 00:06:29,640 --> 00:06:30,940 for my short presentation. 143 00:06:30,940 --> 00:06:33,960 - I have a question. - Yes, sir. 144 00:06:33,960 --> 00:06:38,440 - A little maybe out of left field, but just for my knowledge. 145 00:06:38,440 --> 00:06:42,840 So we're issuing bonds to pay for a shortfall 146 00:06:42,840 --> 00:06:47,420 in revenue based on this power surge and power demand. 147 00:06:47,420 --> 00:06:49,960 In general accounting practice, 148 00:06:49,960 --> 00:06:53,200 you're not generally allowed to use debt to pay 149 00:06:53,200 --> 00:06:57,560 for operating costs, so I'm just curious how this falls 150 00:06:57,560 --> 00:07:01,280 under any general accounting practices. 151 00:07:01,280 --> 00:07:03,560 - My understanding, I may ask someone to elaborate 152 00:07:03,560 --> 00:07:05,800 that this is purchase power, so it has an exception 153 00:07:05,800 --> 00:07:07,360 by the AG's office. 154 00:07:07,360 --> 00:07:08,960 - Okay, so it's an exception 155 00:07:08,960 --> 00:07:12,000 based on this power purchase. 156 00:07:12,000 --> 00:07:13,120 Okay, well, thank you. 157 00:07:13,120 --> 00:07:19,960 - Any further questions? 158 00:07:19,960 --> 00:07:24,720 So I have one, could you go back to the table 159 00:07:24,720 --> 00:07:27,040 of the payment schedule there? 160 00:07:27,040 --> 00:07:28,680 - Yes. 161 00:07:28,680 --> 00:07:33,420 - So I guess this would be a question for you. 162 00:07:34,400 --> 00:07:39,400 Tony, are we in a situation now with our increased rates 163 00:07:39,400 --> 00:07:44,200 that we will likely avoid this condition going forward? 164 00:07:44,200 --> 00:07:46,560 - Well, just as a reminder, 165 00:07:46,560 --> 00:07:48,360 so the increase in rates that we did, 166 00:07:48,360 --> 00:07:52,080 we increased the ECA to recover purchase power expenses, 167 00:07:52,080 --> 00:07:54,760 the TCRF to recover transmission expenses. 168 00:07:54,760 --> 00:07:58,860 This payment, these payments are considered fixed expenses 169 00:07:58,860 --> 00:08:00,860 and they would be on the base rate side. 170 00:08:01,760 --> 00:08:04,200 In the presentation that we made, 171 00:08:04,200 --> 00:08:08,160 we calculated that we would need an additional 172 00:08:08,160 --> 00:08:12,260 five and a half percent increase to the base rate. 173 00:08:12,260 --> 00:08:14,160 We're currently looking at it. 174 00:08:14,160 --> 00:08:17,640 We're working with finance subject to forecast. 175 00:08:17,640 --> 00:08:22,460 Looks like we might be able to mitigate some of this. 176 00:08:22,460 --> 00:08:26,080 I think that the issue going forward is 177 00:08:26,080 --> 00:08:29,040 that if we forego doing rate increases, 178 00:08:29,040 --> 00:08:31,140 we're gonna be back in the same situation 179 00:08:31,140 --> 00:08:32,800 where we were this past year where all of a sudden 180 00:08:32,800 --> 00:08:35,400 we're doing a 20% rate increase and there's rate shock. 181 00:08:35,400 --> 00:08:38,680 So we're trying to look at this kind of long-term 182 00:08:38,680 --> 00:08:41,520 to see how can we spread this out. 183 00:08:41,520 --> 00:08:44,120 But likelihood is we are gonna be proposing 184 00:08:44,120 --> 00:08:47,400 an additional increase to base rates 185 00:08:47,400 --> 00:08:50,760 here in the next few months when we come back to you. 186 00:08:50,760 --> 00:08:53,400 And at that time, we'll be able to kind of break that out 187 00:08:53,400 --> 00:08:56,640 for you, but we will likely be looking at another base rate 188 00:08:56,640 --> 00:08:58,560 increase associated not just with this, 189 00:08:58,560 --> 00:09:02,080 but also with winter storm yearly debt that we had. 190 00:09:02,080 --> 00:09:06,000 Again, and a lot of different moving pieces 191 00:09:06,000 --> 00:09:10,600 with the data center, the new data center that we have, 192 00:09:10,600 --> 00:09:11,900 how do we utilize those revenues? 193 00:09:11,900 --> 00:09:14,080 And so there'll be some options that we're gonna be discussing 194 00:09:14,080 --> 00:09:16,840 with the PB and the council on how do we fund this 195 00:09:16,840 --> 00:09:17,680 going forward. 196 00:09:17,680 --> 00:09:21,680 - I have a question also. 197 00:09:21,680 --> 00:09:26,600 In terms of typical years, 30 days over 110 degrees, 198 00:09:26,600 --> 00:09:28,520 is that normal, abnormal? 199 00:09:28,520 --> 00:09:30,440 And if so, how abnormal is it? 200 00:09:30,440 --> 00:09:32,840 - Yeah, I don't have my weather guys here, 201 00:09:32,840 --> 00:09:35,360 but pretty abnormal. 202 00:09:35,360 --> 00:09:38,800 I think the last time that we saw temperatures like this 203 00:09:38,800 --> 00:09:41,480 was back in 2011. 204 00:09:41,480 --> 00:09:46,480 In 2011 was pretty hot, actually hotter than this year. 205 00:09:46,480 --> 00:09:49,080 So current forecasts are that we're probably looking 206 00:09:49,080 --> 00:09:51,960 at a mild type of a summer. 207 00:09:51,960 --> 00:09:54,860 So hopefully we won't experience this again. 208 00:09:55,800 --> 00:09:59,440 But again, as we continue to see more and more renewables 209 00:09:59,440 --> 00:10:01,560 out in the market and a lot of uncertainty 210 00:10:01,560 --> 00:10:03,680 is still in the market because of some of the changes 211 00:10:03,680 --> 00:10:07,680 or cuts doing, can't give you any guarantees 212 00:10:07,680 --> 00:10:12,680 that we won't see another type of cost increase again 213 00:10:12,680 --> 00:10:14,520 this coming year. 214 00:10:14,520 --> 00:10:15,760 - A cost event. 215 00:10:15,760 --> 00:10:16,600 - Yeah, correct. 216 00:10:16,600 --> 00:10:18,560 - Thank you. 217 00:10:18,560 --> 00:10:20,200 - So this is a five year term? 218 00:10:20,200 --> 00:10:21,040 - Yes, sir. 219 00:10:21,040 --> 00:10:23,280 - And is that interest rate about 30%? 220 00:10:23,280 --> 00:10:24,920 If my eyeball math is correct, 221 00:10:24,920 --> 00:10:26,200 total interest, total cost of-- 222 00:10:26,200 --> 00:10:27,680 - It's about five and a quarter a year. 223 00:10:27,680 --> 00:10:30,400 - Five and a quarter a year, so total cost is about 30% 224 00:10:30,400 --> 00:10:32,500 to service over the life of that. 225 00:10:32,500 --> 00:10:35,200 Okay, so in the next five year term, 226 00:10:35,200 --> 00:10:38,320 if we do not look at different ways of preventing 227 00:10:38,320 --> 00:10:41,800 these events from happening from a cost shock perspective, 228 00:10:41,800 --> 00:10:43,920 we are likely going to experience this again. 229 00:10:43,920 --> 00:10:45,240 Is that what you're saying? 230 00:10:45,240 --> 00:10:50,480 - Unknown. 231 00:10:50,480 --> 00:10:52,140 I think one of the things that we have been talking about 232 00:10:52,140 --> 00:10:54,240 is looking at our current fund balance, 233 00:10:54,240 --> 00:10:56,760 looking at the possibility of establishing 234 00:10:56,760 --> 00:10:58,600 some type of rainy day fund. 235 00:10:58,600 --> 00:11:01,960 We can have a pot of money for these types of events 236 00:11:01,960 --> 00:11:05,000 and kind of self finance them going forward. 237 00:11:05,000 --> 00:11:07,800 But again, when you're looking at that 238 00:11:07,800 --> 00:11:11,200 along with rate increases, people start asking questions. 239 00:11:11,200 --> 00:11:12,960 Will you have this pot of money over there? 240 00:11:12,960 --> 00:11:14,560 Warranty using it to... 241 00:11:14,560 --> 00:11:17,120 So again, a lot of things to consider 242 00:11:17,120 --> 00:11:19,240 and that's something that we are looking at. 243 00:11:19,240 --> 00:11:20,260 - Okay, thank you. 244 00:11:25,240 --> 00:11:27,400 - Any further questions? 245 00:11:27,400 --> 00:11:30,380 Motion to approve. 246 00:11:30,380 --> 00:11:32,760 Do we have a second? 247 00:11:32,760 --> 00:11:33,600 - Second. 248 00:11:33,600 --> 00:11:35,320 - We have a motion and a second. 249 00:11:35,320 --> 00:11:36,160 All in favor? 250 00:11:36,160 --> 00:11:37,000 - Aye. 251 00:11:37,000 --> 00:11:38,320 - Aye. 252 00:11:38,320 --> 00:11:39,640 - Motion carries. 253 00:11:39,640 --> 00:11:42,720 And our final items for individual consideration 254 00:11:42,720 --> 00:11:43,960 are management reports. 255 00:11:43,960 --> 00:11:47,160 - Yeah, Mr. Chair and members of the POB, 256 00:11:47,160 --> 00:11:49,040 really not any changes to the documents 257 00:11:49,040 --> 00:11:51,320 that we sent you the last time around. 258 00:11:51,320 --> 00:11:53,880 So certainly happy to answer any questions you may have 259 00:11:53,880 --> 00:11:56,760 or if there's new items that you'd like to see. 260 00:11:56,760 --> 00:11:58,440 Certainly happy to do that. 261 00:11:58,440 --> 00:12:08,540 - Seeing none, I would entertain a motion to adjourn. 262 00:12:08,540 --> 00:12:10,840 - So moved. 263 00:12:10,840 --> 00:12:11,680 - Thank you.