February Board of Trustees 02/29/2024 01:00 PM NBU Board Room, 263 Main Plaza, New Braunfels, Texas 78130

CALL TO ORDER

PLEDGE OF ALLEGIANCE AND INVOCATION

Mayor Neal Linnartz

NBU MISSION

Laura Rivers, Chief of Staff

PUBLIC COMMENT

NBU EMPLOYEE RECOGNITIONS

• 1.Presentation of Service Pins

  a.  Recognizing Kurt Knettel, Henry Luna, and Greg Williams for 20 Years of Service

  b.  Recognizing Chris Kusak and Jesse Rosales for 35 Years of Service

ITEMS FROM THE CHAIR

• 1.Items Permitted Under Section 551.0415 of the Texas Government Code

ITEMS FROM STAFF

• 1.CEO's Update

  NBU Awarded Employer of the Year by the International Right of Way Association (IRWA)

  Youth Leadership New Braunfels Visits NBU

  Leadership New Braunfels Visits NBU

  CEO Roadshow: Hunter’s Creek Homeowner Association

  CEO Roadshow: New Braunfels Realtors Group – Corridor Title

  Customer Satisfaction Survey Window Opens

  NBU Partners with Communities in Schools of South Texas to sponsor the Kinderschuhe 5k

  Leadership Announcements/New Hires: Chelsea Mikulencak

  Any Other Items Permitted Under Section 551.0415 of the Texas Government Code

• 2.Financial Update and Report

• NBU Board Write-Up - Jan 2024 Financials.pdf (0.06 MB)
• Financial Package for Board Book- January 24.pdf (8.03 MB)
• Financial Presentation - Jan 24.pdf (0.44 MB)

• 3.Quarterly Investment Report

• WU - Quarterly Investment Report through January 31, 2024.pdf (0.04 MB)
• FY24 - Quarter 2 Investment Report.pdf (0.41 MB)
• FY24 - Qtr 2 Investment Report Presentation.pdf (0.42 MB)

• 4.Report on NBU Executive Strategic Planning Workshop

CONSENT ITEMS FOR ACTION

• 1.Approve Minutes of the NBU Regular Board Meeting of January 25, 2024

• Board Write-Up - minutes - Jan regular meeting.pdf (0.04 MB)
• 1.25.24 Board meeting minutes.pdf (0.04 MB)

• 2.Approve the Change Order Log from December 15, 2023, through January 15, 2024

• Board Agenda Item_ChangeOrders.pdf (0.04 MB)

• 3.Approve the Reports for Water and Electric Engineering Contracts from August 1, 2023, through January 15, 2024

• Board Agenda Item_PEContracts August 1 2023 to January 15 2024.pdf (0.04 MB)
• Exhibit A - Water Engineering Contracts August 1 2023 to January 15 2024.pdf (0.04 MB)
• Exhibit B - Electric Engineering Contracts August 1 2023 to January 15 2024.pdf (0.03 MB)

• 4.Approve the Electric Line of Business Alternative Procurements from December 15, 2023, through January 15, 2024

• Board Agenda Item_ELOB Alternative Procurements from December 15 2023 to January 15 2024.pdf (0.04 MB)

• 5.Approve 2023 Third Quarter Charge-Off Accounts

• Board Write-Up ChargeOff Accounts Feb 2024.pdf (0.19 MB)
• Coversheet February.pdf (0.02 MB)

• 6.Authorize CEO or His Designee to Negotiate and Execute a Professional Services Agreement with Titan Utility Services, LLC, for the Inspection, Testing, and Documentation of Electrical Tools and Equipment

• Titan Utility Services Board Write Up.pdf (0.04 MB)
• Safety Equipment and Rubber Goods Testing 24-0009 - vendor signed.pdf (1.11 MB)

• 7.Authorize CEO or His Designee to Negotiate and Execute a Professional Service Agreement with the San Antonio Food Bank d/b/a New Braunfels Food Bank for the Utility Bill Assistance Program

• Board Write-Up - NBU PSA 24-0020 Utility Bill Assistance (1).pdf (0.04 MB)
• PSA 24-0020 Utility Bill Assistance Program - Legal APP.pdf (0.25 MB)

• 8.Authorize CEO or His Designee to Negotiate and Execute a Professional Services Agreement with Xylem Dewatering Solutions, Inc. d/b/a Wachs Water Services for Fire Hydrant Inspection, Maintenance, and Flow Testing

• Fire Hydrant Maintenance Write Up.pdf (0.04 MB)
• PSA#23-0028_ Xylem _Fire Hydrant Maintenance_v11 Signed.pdf (0.29 MB)

• 9.Authorize CEO or His Designee to Negotiate and Execute an AIA Design Build Amendment to the AIA Agreement with SpawGlass Contractors, Inc., for the New Braunfels Utilities Annex Facility Renovation Design Build Guaranteed Maximum Price

• NBU_Annex_SG_GMP_BWU_JS (002).pdf (0.04 MB)
• NBU Annex SpawGlass executed GMP.pdf (9.07 MB)

• 10.Approve the Appointment of Dawn Schriewer as President of the Headwaters at the Comal Board of Directors

• 2024.02.29 Headwaters Board President appointment.draft ds.pdf (0.04 MB)
• FINAL 2023.01.30 Clean Draft - Headwaters First Amended and Restated Bylaws - MASTER FILE.pdf (0.24 MB)

ITEMS FOR FUTURE ACTION

• 1.Review and Discuss the Proposed Five-Year Water Conservation Plan

• Board_Item for Future Action_Water Conservation Plan.pdf (0.04 MB)
• Water Conservation Plan_For Board Review_1.16.24.pdf (1.96 MB)
• Board Presentation_Items for Future Action_WCP_Jan 2024_1.16.24.pdf (7.47 MB)

EXECUTIVE SESSION

The Board of Trustees may recess into Executive Session for any purpose permitted by the Texas Open Meetings Act, including but not limited to:

• 1.Power Supply Resources – Competitive Matters
  (Section 551.086 – Texas Government Code)

  a.  Power Supply Update

  b.  Discuss and Consider Edison Electric Institute (EEI) Resolution allowing NBU to enter into a Master Agreement related to power supply transactions

• 2.Consultation with Attorney Regarding Pending or Contemplated Litigation, Settlement Offer, and/or Matters Protected by Attorney Client Privilege
  (Section 551.071 – Texas Government Code)

  a.  Legal Matters Relating to McKenzie Water Reclamation Facility and Gruene Wastewater Treatment Plant

  b.  Discuss Legal Issues Relating to the Proposed Sale of 263 Main Plaza

  c.  Discuss the Pending Litigation Styled Skyblue Utilities, Inc. v. New Braunfels Utilities, Comal County, 433rd Judicial District Cause No. 2024-0253D

• 3.Personnel Matters
  (Section 551.074 – Texas Government Code)

  a.  Discuss the appointment, employment, evaluation, and duties of the CEO

The Board of Trustees, upon reconvening in Open Session, will discuss and consider any action, if necessary, regarding closed session items.

RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE

ADJOURN

If you require assistance in participating at a public meeting due to a disability as defined under the Americans with Disabilities Act, reasonable assistance, adaptations, or accommodations will be provided upon request.  Please contact the Board Relations Coordinator at least three (3) days prior to the scheduled meeting date at (830) 629-8400 or the NBU Main Office at 263 Main Plaza, New Braunfels, Texas, for additional information.

CERTIFICATE OF POSTING

I, Ryan Kelso, Secretary to the Board of Trustees, do hereby certify that this Notice of Meeting was posted at the City of New Braunfels City Hall, 550 Landa Street, New Braunfels, Texas, and New Braunfels Utilities Main Office, 263 Main Plaza, New Braunfels, Texas, on the 23rd day of February, 2024, and remained posted continuously for at least 72 hours preceding the scheduled time of the meeting.

                                                                                            ___________________________________
                                                                                            Ryan Kelso, Chief Executive Officer
                                                                                            Secretary to the Board of Trustees