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 >> Okay. It's 9 o'clock and we have a call to order the City of Denton Public Utilities

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 Board meeting from Monday, May 20th, 2024. Nobody from the public has signed up to speak,

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 right? Okay. So that's the first item. On to the consent agenda. Does any board member

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 wish to pull any items from A through G? I see none. Do we have a motion to approve the

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 consent agenda? Billy moves. Seconds? All in favor say aye. Aye. Bye. The next item

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 is consider approval of the May 6th, 2024 minutes. Does anybody have any changes or

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 corrections? Thank you. And do we have a second? All in favor say aye. Aye. The next

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 two items we're going to call together, but we need to vote on them separately, so it's

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 the bond issues. I can get that down to the right normal height, right? Randy Klingle,

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 Treasury Manager, with a quick presentation for both items for this year's bond ordinance.

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 For the Certificates of Obligation, we are required to do Notice of Intent, which y'all

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 have already reviewed and went to Council on April 2nd. We posted those notifications

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 in the Denton Record Chronicle on April 11th and April 18th, as required, two times in

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 the consecutive weeks. And we also need to do the bond ordinance that we have in front

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 of you today to Council within 46 days of that April 11th date, which we will be doing

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 that in June with your recommendation today. So most of my slides are the remaining project

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 list, which you also have in your backup, and those are the same items that y'all sell

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 through the budget process. I will not be going into details, but we do have staff available

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 in case you have any questions on those projects that are ongoing with debt funding. First we

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 have solid waste, and all of these will show you two columns, the Notice of Intent, which

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 we did in April, and then the bond sale items total as well. And you will see very little

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 movement at this point in the game when we are doing the bond sale. For solid waste,

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 we stayed at the $4.1 million. The utility projects for the water fund, we remained also

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 at their $60 million from Notice of Intent to the bond sale. Wastewater as well, $55.9

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 million for their bond sale project list. Electric stayed consistent as well at their

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 $60 million from the Notice of Intent. So in total you'll have your solid waste at the

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 $4.1 million, all of your utilities for a total of $180,330,698 in project money only.

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 We also will have a refunding due to utilities being a part of the refunding process that

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 will flow into the GEO cell. So we are going to refund the 2014 series, both the GEO and

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 the CEOs, in $62.9 million par, with a potential refund of $1.6 million. And you'll see where

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 it's broken out in those funds below, between general fund, airport, solid waste, water,

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 wastewater and electric to bring up to the $1.6 million. So our 2024 bond sale will total

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 $262,330,000 with all things included. So my next step with your recommendation, I'll

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 go to Council to execute this bond ordinance. We'll have a sale on June 12th and then we'll

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 actually receive the proceeds from the sale July 17th. Any questions? Questions?

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 I have a question. Go ahead, Lee. Oh, it's already here. Go ahead.

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 On electric, what's your current ordinance? How does the ordinance treat new construction

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 on the developer's cost for connection of the distribution?

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 Yeah, so our line extension policy, if you're in our single certified area, you pay 100%.

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 If you're in a dual or triple certified area where we're competing for development, it

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 is a negotiation process. And so normally developers are required, if they've gotten

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 a quote from Encore co-serve, to share that with us and then we either match it or beat

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 it to get them to choose the municipal electric. But we look at a five to 10 year payback on

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 any investments that we make in those areas. And so if it makes sense financially, then

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 we'll go ahead and submit that proposal. And that's only considered in the triple or

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 double certified? That's correct. You may recall DME for a

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 long time would do the first 300 linear feet within the single certified area. There was

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 really no rhyme or reason to that. And from our standpoint, they have to choose DME and

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 so it didn't make sense for us to be offering that on top of other incentives that the city

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 was already offering. Well, there was a reason for it and the reason

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 was to promote development in the city of Bitten. But that's not really a problem anymore.

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 That's correct. So does the developer have the option to

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 put competitive bids out for that action? To buy the equipment and lay the lines in?

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 Yeah, I think we've had a couple opportunities where we have worked out some deals with some

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 developers if they're able to get equipment faster than we are. But again, it's kind of

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 on a case by case basis. I'll just point out that in many of the developments that were

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 happening in the city, that 300 foot per linear foot was basically paying 100% of everything.

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 And so that was one of the reasons why we looked at it a little bit closer.

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 Okay. I'm just curious how things have changed. Thank you.

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 I have an informational question. So when you opened this presentation about the COs,

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 that's the certificates of obligation? Yes, sir.

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 Okay. So at some point, we actually issue bonds or those general obligation bonds, so

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 CO, GEO. Right. We are issuing GONCOs this summer sale, but the purview of this organ

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 is your board, excuse me, is the certificates of obligation. The GOS will be based on the

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 2019 and 2023 bond program that were voted by the citizens.

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 Okay. So they are sort of two different things, one, but one follows the other.

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 Right. Well, solid waste is kind of included in the general government side, but we consider

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 it a utility here at the city. So it comes to you guys with all the other three utilities.

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 Okay. Thank you, sir. Just sitting up. Okay. Any other questions? All right. Do we have

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 a motion to approve the first one? PUB24090 for 151,660,000.

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 So moved. Thank you. Second.

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 All in favor, say aye. Aye. Okay. And then PUB24091 for 262,330,000.

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 I move approval for that. Thank you, Billy. And do we have a second?

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 Seven seconds. All in favor, say aye.

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 Aye. Thank you. All right. Management reports.

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 So Madam Chair, members of the PUB, the first time just to cover real quick is the future

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 agenda items. We did initially have on this schedule to make some budget presentations,

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 made the decision kind of late after we had put this together to move that. And so that

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 actually come to you I think on the 10th will be the first one and then it'll be a series

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 of presentations then. And so other than that, there's really no other changes to that item.

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 And then we have the new business action item. We still have the one item that we've been

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 carrying out for a while. But I'm happy to answer any questions that you have. I do have

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 one other item after we -- after you have any questions or not, so.

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 Any questions? All right. Okay. I'm going to go up to the dais

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 for that one and just wait for Cassie. All right. So just really quick, you know, this

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 is one of those opportunities that we get from time to time to recognize some of these

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 employees that have been doing fantastic work kind of behind the scenes. And so I'm going

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 to ask Kim to come up here real quick. I know Kim, I always like to not be in the limelight,

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 so I'm going to ask her to come up here real quick. You know, Kim's been a long-term city

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 employee and has overseen the PUB for many, many years. For those of you that may or may

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 not know, Kim has notified us that she plans to retire. She still hasn't quite given us

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 a date. And so over the last couple of months and weeks, we've been working on a transition.

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 And so you may have seen Cassie Blackburn back here. And so Kim's been working with

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 Cassie to, you know, by mentoring her and doing a transition. And so we just want to

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 recognize her today for what she's meant, not just to this board, but certainly to the

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 city and certainly to city staff. And so on behalf of Stephen Gay, Brian Borner, Michael

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 Gagne, who's not here today, and myself, you know, the department heads for the utilities

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 which she supports, we just want to present her with a gift and tell her we thank her

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 for all her work. I'll tell you, she has saved many of us many, many times, right? And trying

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 to get items put together and submitted on time and making sure that everything is up

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 to par and ready for you, right, to be able to review the information and be able to make

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 decisions on behalf of our community. And so again, she's one of these unsung heroes.

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 We all love her to death and think she's fantastic. We certainly didn't look forward. I didn't

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 look forward to this, but I think it's a good opportunity for us to recognize her today.

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 And so I just want to, on behalf of us, just thank her for everything she's done. Kim,

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 thank you. Thank you, Kim. I have loved PUB. I have loved it from when Billy was on it

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 the first time. This has been really important to me and I'm so glad I was able to do this

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 for so many years. It's been really important to me and I have a great, a great boss that

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 lets me do the things that I love to do. So thank you. We appreciate everything you've

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 done, Kim. Thanks for the calls on Sunday asking me if I'm going to be there tomorrow.

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 All right. Then we're on to concluding items. Does any board member wish to have a future

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 agenda item or say anything to the public? Okay. Seeing none, we'll go into our work

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 session regarding the redevelopment of the closed Mosley Road landfill. That was a hard

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 act to follow. So yeah, I will do my best. Again, Kim, thank you very much for all your

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 hard work and support of the PUB. But today I'm here to talk about some proposed redevelopment

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 of the Mosley Road landfill. A couple months ago, City of Dent received a letter from the

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 town of Crossroads requesting a long-term lease on the Mosley Road landfill. Basically,

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 they want to create a city type park and I'll talk a little bit about the Mosley Road landfill,

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 what it is, why we have it there. But before we made the decision to say, yeah, let's go

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 ahead and long-term lease as we wanted to really float our options out there and really

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 see what the PUB and council had to say about what we're proposing here. So with that, I

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 want to take a few minutes here to talk a little bit about the Mosley Road landfill,

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 delineate some of the regulatory requirements that we would need to address as either releasing,

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 selling, whatever, renting the facility, examine some of these repurposing options, and then

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 hold a discussion, receive direction regarding those options that we have. For those of you

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 who'd be on the PUB more than a minute, you've probably seen part of this presentation before,

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 so I apologize for that. But we are solid waste. We like to recycle. So the Mosley Road landfill

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 is really, it's the third landfill that the city didn't ever had. I can tell you where

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 one of the other ones was, and for the life of me right now, I can't remember where the

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 first one was. So we'll talk more on that after the meeting if you'd like. But it's

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 approximately, yes, sir?

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 Just a quick question for my reference. Where is the town of Crossrookers?

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 Basically, it's the intersection of 377 and 380 as you're going east on 380. So you cross

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 over the bridge, you get to the discount tire, you get to the 711, you go under the bridge,

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 you're airing into Crossroads at that port. So the site itself is about 74 acres. Forty

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 of it was actually used as disposal. The remaining 35-ish acres was actually used to mine soil

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 or borrow to cover the trash as it was put in. You'll notice that the solid waste permit

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 was number 13. Currently, our permit is 1590. So there's been a lot of landfills permitted

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 since this is one of the very first landfills that was permitted in the state of Texas.

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 And we actually operated as a regulated facility but unpermitted through the Department of

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 Health prior to that. It was just in 74. That's when the state started permitting these things.

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 So we've actually had this site since about 1960. The site closed in 1984. It has completed

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 post-closure monitoring. So really, all we're doing right now is maintaining the site. A

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 couple of months ago, we approved some erosion control and water drainage work that we're

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 currently working on right now. It's actually located in Denton County proper. It's bounded

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 on the north, east, and west sides by the town of Crossroads, but it is not located

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 in Crossroads nor in their ETJ. The town of Crossroads made a conscious decision not to

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 include it in their ETJ for purposes. And again, this was in service from about 1975

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 to 1985. Just to give you a quick understanding where the location is, these two roads that

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 run north and south, this is Mosley Road, this is Tips Road, or excuse me, Potter Shop

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 Road, Tips Road, and we have the property that's right in here. So when you look at the facility,

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 this is about 74 acres. Forty of it is disposal property, and then the rest of this is just

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 bare land that we have scraped soil from and mined. It's actually a very nice piece. If

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 you didn't know it was a landfill, you'd think it was this nice wooded hill and grass.

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 We found deer antlers and all sorts of wild animals out there. It's a very good nature

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 area, but again, it's just on that south area of Crossroads. It's growing, so I think there

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 are some opportunities. I understand why the town of Crossroads would like to use it for

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 recreational facility, but again, there's some other options that we've looked at. About

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 three years ago, we brought this forward to, we talked with Gary Pack and our parks director

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 about possibly creating a biking facility out here. At that point, the council decided

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 that it was basically too far from the city of Denton and too far spread out and excluded

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 given that it's on the other side of Lake Louisville. So it really didn't meet the

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 recreational needs of the Denton County or the city of Denton residents. So it's been

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 laying fallow since that time, but again, it's time for us to look at this option again.

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 Regulatory requirements. We are bound to do what our permit says, but also what state

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 law says. Even though this is a closed facility, the permit has been rescinded because it is

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 a former landfill site. 30 TAC, chapter 330, what we call the sub-chapter T rules, they

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 do regulate what can and cannot be done on top of closed landfills. It allows limited

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 commercial recreational use. It prohibits residential uses. It prohibits penetrations

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 of the landfill cap. It doesn't allow you to do certain things in building closures,

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 but again, you know, the things you can't do are very minor. What you can do, it really

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 opens up a lot of things, especially from an open space standpoint. Any onsite operations

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 must protect and support the maintenance of the existing area of the proof cap. And again,

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 if we chose to sell this property, we have to give notice that this is a closed landfill

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 and any development must be in compliance with sub-chapter T. From a repurposing standpoint,

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 we could maintain ownership, really do nothing with it. We've been doing nothing with it

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 for 84 years except investing a little bit of money to maintain it, and you know, and

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 that's good. Or we could, you know, do some recreational use, but again, you know, it's

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 a little far away from city of Denton. We could look at creating an energy park, some

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 sort of hybrid multi-use. We could look at selling the property right now. Again, you

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 know, there are about 30, 35 acres of that that are unaffected by the landfill, which

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 could prove to be, you know, enticing to some developer. But then also, you know, somebody

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 may want to rent or lease the property, too, at some point in time. So from a due diligence

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 standpoint, we need to look through all these options. As I said, the city of, or the town

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 of Crossroads has reached out to us. They do want to invest and enter into a long-term

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 lease with us to develop some recreational use for the residents and the citizens of

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 Crossroads. This would have to be a market value lease. There could be some offsets based

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 on maintenance or other investments they could make, but again, they would have to make that

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 agreement. But what we would ask to do is complete our due diligence related to the

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 potential sale lease or rental of the closed landfill, and then go ahead and contact the

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 town of Crossroads and continue finding out exactly what their wanting needs are and see

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 if we can come to a meeting of the minds, and if we can't, take that next step and

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 take it out onto the open markets. So with that, I'd like to answer any questions you

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 might have, see any discussion, get what kind of direction you might have on this.

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 I see Mr. Rybeck's pushing his green button. Go ahead.

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 Yes. I have a question. So when I originally saw this item, I thought it meant that you

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 were considering reopening the site because of the problems we have with the landfill

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 we currently are using is getting pretty full and trying to properly develop that property

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 itself. So I thought, oh, I can go back and use this, but that doesn't appear to be one

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 of the options. No. One of the reasons that the landfill is

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 closed right now, first of all, it is a very old landfill. It's what's called a pre-subtitle

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 D, and in order for us to bring it up to compliance, it would be very expensive. But secondarily,

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 as part of the closure, we made the commitment to the town of Crossroads that we would not

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 reopen it. And from an existing landfill standpoint, we've only used about 22% of the capacity

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 we have permitted currently in our facility. So I don't want anybody to misunderstand this.

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 We will never have plenty of landfill space, but right now we're okay.

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 All right. It was interesting when I read the item and looking at the agenda, I thought

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 it meant you were looking to reuse the space to help with the congestion, if you will.

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 No, this is just an outpost that we own, that we invest a little bit of dollars in, and

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 I just want to see if there's a better use for it.

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 Go ahead. With a sales agreement, is it possible under

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 the ordinance that we're compelled to follow to transfer any of our obligations over to

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 the buyer? When you say obligations.

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 What we are obligated to do under the landfill ordinance or whatever?

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 Yes and no. In most environmental law, and again, I'm no lawyer nor do I claim to be,

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 but I've got 30 more experience, so I've trained a lot of lawyers in environmental

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 law. But one of the things that we understand is there's this concept of cradle to grave.

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 You're responsible for it from the minute you put it there until the end of life and

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 beyond. So we are never out of that chain of title. We are always responsible for something.

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 However, in this, we can say any maintenance to the cap, any mowing, any improvements as

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 far as drainage, blah, blah, blah, that is the responsibility of the lessee. And if we

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 find that needs to happen, then we'll make notice to you and you shall, for a performance

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 standpoint, you shall make those improvements within 40 or 60 days or whatever that time

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 is. So yes, some of those minor maintenance is, but at the end of the day, if there's

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 a long-term environmental issue, we're still on the hook.

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 So basically, if it's not been disclosed or we didn't know what's there, which I'm

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 sure sometimes is the case. Yeah. I said sometimes is the case. Sometimes, yes. Most of the time

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 is the case. Then that part's just always the question. It will always be a question.

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 That is correct. But given the age of this landfill and knowing what Denton County was

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 like back in the '60s through the '80s, we've got a very fairly good understanding of what

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 went into the facility. It's not some massive hazard that we're anticipating being at the

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 site. It's standard household trash and a few other odds and ends.

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 You're making a lot of construction debris. A lot of construction debris. Correct. Correct.

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 That's all I got. Your turn. Go ahead. Thank you. I think I share some of Mr. Cheek's concern.

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 So we have a permanent responsibility for the landfill portion of this. I would love

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 to see this in its best use and the idea of leasing for recreation or selling the peripheral

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 areas that do not have landfill under them. All those seem like interesting ideas or the

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 energy park, a city use that's more than mowing it once a year or something like that. But

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 I just want to make sure that whatever option is considered, that we consider our permanent

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 responsibility to the property there. That is first and foremost on our mind.

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 Whatever we do will be in the best interest both from a fiscal standpoint as well as a

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 risk standpoint to the City of Denton. I could see options of selling it, but I

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 see that you never know if we sell it, who is going to own it 10 or 50 years from now.

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 So I think my biggest concern would be long-term leases for any number of uses, even something

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 like a development, but selling it to another city who then might sell it for another purpose

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 or selling it to a developer. I think all of those open kind of risk in the future where

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 if we have a lease, we can have terms in the lease of, like you said, maintenance, 60,

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 90 days to remediate. So I think that would be my biggest concern would be an outright

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 sale. Thank you.

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 But my understanding is even if we did sell it and I'm not in favor of that, they still

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 have to follow the law.

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 Correct.

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 So.

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 Correct.

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 And so do we.

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 And so do we. And we would.

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 I trust us to follow the law more than I trust somebody else.

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 I understand.

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 All right. Well, based on this discussion, I will continue down the road of talking with

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 the town of Crossroads and then looking at other options to that fall through.

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 Okay.

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 Okay.

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 Thank you so much for your time today.

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00:24:43,880 --> 00:24:44,880
 Thank you.

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 All right. That is our agenda.

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 Do you want us to?

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 So, Mr. Chief, would you like to move to.

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 I would like to thank Kim and tell her how much I enjoyed working with her all these

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 years and getting, like I said, a lot of contacts on weekends.

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00:25:10,640 --> 00:25:11,640
 Yeah.

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 You know, Cassie's been contacting me lately, but I think that's you're getting used to

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 this role.

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 But Kim has always done that.

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 And I really appreciate the fact that over and above and okay, it's six o'clock on a

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 Sunday morning.

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 But yeah, well, I'll get this done today.

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 Hopefully, hopefully you got paid for those hours you were working that weekend.

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 So anyway, you've been great.

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 I enjoyed being around you now that we can actually be personal friends.

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 That's great.

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 You know, you know.

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 So anyway, thanks a lot.

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 And back in the day when you had to run the agendas out to us, and I know that was a drive

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 for you.

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 So yeah, back in the day, boy, that sounds old, doesn't it?

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 All right.

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 Well, I would like to add my comments.

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 I don't have any back in the day, but I sincerely appreciate all of your help in the time I've

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 been on the board.

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00:26:02,120 --> 00:26:03,120
 Thank you.

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 Keeps us out of trouble.

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 All right.

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 So that was a motion to adjourn.

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 We're adjourned.

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 925.

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 All right.

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 We could sit here.