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03-13-2017 ERMU MIN ELK RIVER MUNICIPAL UTILITIES SPECIAL MEETING OF THE UTILITIES COMMISSION HELD AT UTILITIES CONFERENCE ROOM March 13,2017 Members Present: John Dietz,Chair;Daryl Thompson,Trustee;Mary Stewart,Trustee;and Matt Westgaard,Trustee Members Absent: Al Nadeau,Vice Chair ERMU Staff Present: Troy Adams,General Manager; Mark Fuchs,Electric Superintendent; Eric Volk, Water Superintendent; Tom Sagstetter,Conservation&Key Accounts Manager; Michelle Canterbury,Executive Administrative Assistant; Jennie Nelson,Customer Service Manager Others Present: None 1.0 CALL MEETING TO ORDER The special meeting of the Utilities Commission was called to order at 3:30 p.m.by Chair Dietz. 1.1 Pledge of Allegiance The Pledge of Allegiance was recited. 1.2 Commissioner Oath of Office Michelle Canterbury administered the oath of office for Utilities Commissioners Mary Stewart and Matt Westgaard. 1.3 2017 Election of Officers When a new Commissioner starts or an existing Commissioner starts a new term,the officer and committee positions can change by election. The four Commissioners discussed the different office positions. Moved by Commissioner Thompson and seconded by Commissioner Westgaard to reappoint John Dietz as Chair.Motion carried 4-0. Moved by Commissioner Westgaard and seconded by Commissioner Stewart to appoint Daryl Thompson as the Vice-Chair. Motion carried 4-0. Page 1 Special Meeting of the Elk River Municipal Utilities Commission March 13,2017 1.4 2017 Committee Appointments There are currently two committees;the Wage and Benefits Committee and the Financial Reserves and Investment Committee. After discussion the following appointments were made. Moved by Chair Dietz and seconded by Commissioner Stewart to reappoint Chair Dietz, and appoint Commissioner Stewart to the Wage and Benefits Committee. Motion carried 4-0. Moved by Chair Dietz and seconded by Commissioner Stewart to appoint Commissioner Thompson and Commissioner Westgaard to the Financial Reserves and Investment Committee. Motion carried 4-0. 1.5 Consider Utilities Agenda There were no additions or corrections to the agenda. Moved by Commissioner Westgaard and seconded by Commissioner Thompson to approve the March 13,2017,agenda. Motion carried 4-0. 1.6 Introduction of New Employee Mr. Fuchs introduced Jon McLean the new Locator. The Commission welcomed the new employee. 2.0 CONSENT AGENDA(Approved By One Motion) Chair Dietz had a few questions on the financials. As Ms. Slominski was not present,the questions will be forwarded onto her for her response. Chair Dietz asked if there could be some type of adjusting entry each month to offset the difference between the month the wholesale power bill is reflected to the actual month the revenue is recorded? Chair Dietz also requested further clarification on how the loss of revenue(LOR)will be recorded;as an asset or expense? Both Commissioner Stewart and Westgaard expressed interest in a financial overview/training at a later date. Commissioner Stewart had a few questions on the Grant. Staff responded. Moved by Commissioner Thompson and seconded by Commissioner Stewart to approve the Consent Agenda as follows: 2.1 February Check Register 2.2 February 14,2017 Regular Meeting Minutes 2.3 Financial Statements 2.4 Grant of Easement Agreement Page 2 Special Meeting of the Elk River Municipal Utilities Commission March 13,2017 2.5 Demonstration of Energy&Efficiency Developments Grant Agreement and Resolution—American Public Power Association Motion carried 4-0. 3.0 OPEN FORUM No one appeared for open forum. 4.0 OLD BUSINESS 4.1 Load Management Program Moratorium At the February 14, 2017 Commission meeting,the Commission approved a moratorium on all of the load management programs; with the exception of the electric vehicle charging. Staff was tasked to determine the feasibility and costs associated with upgrading and maintaining the load management programs that require direct load control. Mr. Sagstetter went over the estimated costs to continue supporting the programs. He concluded that based on the estimated costs, and the current wholesale power market, staff is recommending closing the existing load management programs to be effective September 30, 2018. In the interim, staff will conduct research and perform analysis to determine transition options for the customers that are currently participating in these programs. The goal would be to offer alternative programs not focused around load control. There was discussion on the exit strategy and how we would communicate that to our customers. There was also discussion on alternative options. Moved by Commissioner Thompson and seconded by Commissioner Westgaard to approve the revised Energy Management Electric Service Tariff reflecting the 2017 rates and reduction to the cycled air conditioning credit. Motion passed 4-0. Moved by Commissioner Thompson and seconded by Commissioner Stewart to approve a termination date of September 30,2018 for the following load management programs: Dual Fuel,Electric Thermal Water Heat Storage, Electric Thermal Space Heat Storage, and Cycled Air Conditioning. Motion passed 4-0. 4.2 PCA Credits At the February 14, 2017 Commission meeting, it was proposed that we reconsider the direction given at the November 15, 2016 Commission Meeting for giving the PCA credit on the first bill reflecting the rate increase, which would have been the February bill. It was decided to bring it back as an agenda item for discussion this month. Mr. Adams explained what PCA credits were and stated that historically we have passed them through to the Page 3 Special Meeting of the Elk River Municipal Utilities Commission March 13,2017 customers as either a charge or a credit. Currently we have a substantial amount accumulated; approximately $486,000. Mr. Adams shared that although we had communicated to our customers that a PCA credit would be given on the February bill, given that we have two known future bondings, it may be reason to reconsider giving the entire amount back to customers. There was discussion on the pros and cons of retaining some of the PCA credits. It was noted that a con would be that the bonding is for a future use, and the accumulated PCAs are for past/current use. Chair Dietz shared that ERMU has allocated a buffer to help offset the PCA charges; essentially, ERMU will absorb $500,000 before passing along any PCA charges to their customers. After discussion, Commission consensus was to distribute half of the accumulated PCA credits back to the customers, and to retain the other half to be used towards funding the $500,000 buffer for future PCA charges. Commissioner Westgaard suggested drafting a policy relating to PCA credits to include guidelines on the percentage we keep, what it will be used for, and what the ceiling would be on those funds. Moved by Commissioner Westgaard and seconded by Commissioner Stewart to rebate 50%of the accumulated PCAs to customers on the next billing,and to retain the other 50%as an offset to the$500,000 buffer for future PCA charges.Motion carried 4-0. 4.3 Governance Policy Manual Mr.Adams shared that with the exception of the by-laws and legal counsel review,the work associated with Phase 1 has been completed. The policies included in Phase 1 were approved by the Commission during the February 2017 Commission meeting. Mr. Adams presented the Phase 2 scope of work from Collaboration Unlimited which included the development of the delegation to management policies. He explained that after evaluating the work associated with Phase 2, staff has determined that this is something that would be difficult to complete in house. Mr.Adams recommended contracting with Collaboration Unlimited to complete Phase 2 of the governance manual for a fixed fee of$14,500. Commissioner Thompson shared that his understanding was that the whole project was going to be completed for the $25,000. Staff responded that the project was divided into two phases and that the $25,000 only covered Phase 1. The Commission had a few questions on where they money would come from to cover the fee associated with Phase 2 of the project. Mr. Adams responded. After discussion, Commission consensus was to proceed forward with contracting with Collaboration Unlimited to complete the project. Moved by Commissioner Thompson and second by Commissioner Stewart to approve contracting with Collaboration Unlimited to complete Phase 2 of the governance manual for a fixed fee of$14,500. Motion carried 4-0. 5.0 NEW BUSINESS Page 4 Special Meeting of the Elk River Municipal Utilities Commission March 13,2017 5.1 Organizational Growth On February 23, 2017,the ERMU leadership team held an introductory meeting with the two new Commissioners. During that meeting, it became apparent that there were some frustrations among the leadership team regarding the Technical Services Superintendent vacancy, anticipated retirements, and current staffing levels. Mr. Adams shared that he wanted to let the other Commissioners know about these issues that came to the surface so that we can address them with short term actions as well as long term strategic planning. There was lengthy discussion on the open Technical Services Superintendent position, current staffing levels, and succession planning. The Commission offered some suggestions on how to work through some of the more immediate challenges. Commissioner Westgaard shared the importance of determining the right sizing; for a utility of this size, how many people should you have? He suggested trying to benchmark this against one of our peer groups. There was further discussion. Chair Dietz didn't want staff to panic, and suggested waiting for further analyzation until after the interviews were held. He felt that at that point we'd have a better understanding of what we have to work with and what else we may need. Chair Dietz also noted that there were a lot of unknowns with the territory acquisition and if staff underestimated the amount of work involved, and the manpower it would require,than that should be discussed with the Wage&Benefits Committee. (At 4:55 p.m. Commissioner Thompson excused himself from the remainder of the meeting.) 5.2 Landfill Gas Plant to Electric Generation Facility Performance for 2016 At their discretion, Elk River Municipal Utilities can provide bonus payments to Sherburne County and Waste Management/Elk River Landfill on an annual basis provided the financial means and plant capacity factors are met. The bonus payments are not guaranteed and can change or be eliminated based on certain factors. Mr. Sagstetter shared that 2016 was a challenging year; production was down, expenses were up,therefore no bonus payments were made to Waste Management or Sherburne County. 5.3 2016 Electric Reliability Report Minnesota Rules Chapter 7826 Public Utilities Commission Electric Utility Standards cover safety, reliability, service, and reporting requirements. Per 7826.0100(A), municipal utilities are exempt from these requirements. However,the ERMU Commission adopted a number of parts of this chapter as a Distribution Reliability Standard policy requiring annual reporting on system reliability. Mr. Fuchs presented the APPA eReliability Tracker Annual Report for Elk River Municipal Utilities. In 2016, our reliability numbers remained excellent. Mr.Fuchs went over the reliability indexes and explained how those results tie into our Performance Page 5 Special Meeting of the Elk River Municipal Utilities Commission March 13,2017 Metrics. He noted that the only index that didn't meet our goal was our Customer Average Duration Index (CADI). There was discussion. Moved by Commissioner Westgaard and seconded by Commissioner Stewart to receive and file the APPA eReliability Tracker 2016 Annual Report for Elk River Municipal Utilities. Motion carried 3-0. 5.4 Bids for 69kV Substation Transformer Approved with the 2017 budget was the addition of a new electric substation to be located adjacent to our existing Waco Substation. One of the larger components of the substation addition is a 69kV transformer. As the cost of the transformer exceeds the threshold amount and is subject to competitive bidding law, it was noticed for formal bids. The bid opening was March 6, 2017. Mr. Adams presented the 69kV substation transformer bid tabulation and noted that although the two lowest responsive bidders are effectively the same price,there is a significant difference in delivery time. Due to the difference in delivery time and the indirect costs association with extending the construction schedule,the GRE engineers have recommended choosing the Waukesha transformer. The engineers also recommended forgoing the short circuit testing that was bid on as the cost greatly exceeds the value. Mr. Adams informed the Commission that after conferring with legal counsel it would be acceptable to award the bid to the second lowest bidder based on best value. Staff recommended awarding the bid for the 69kV substation transformer to MC Sales for the Waukesha transformer with a 22-26 week delivery window for the amount $543,883. Moved by Commissioner Westgaard and seconded by Commissioner Stewart to award the bid for the 69kV substation transformer per the bid package specifications to MC Sales,Inc. for the Waukesha transformer. Motion carried 3-0. 5.5 Bids for Electric Wire The underground electric cable required for the 2017 capital construction projects and maintenance was determined and had been noticed for formal bids. The bid opening was on March 13, 2017 at 9:00 a.m. The bid tabulation was distributed at the meeting. Mr. Adams went over the bid tabulation and explained the difference between firm and escalated pricing. He also noted that there was only a$150 difference between the two lowest bids. However, the delivery lead time varied significantly from 4-7 weeks with Dakota Supply, to 10-12 weeks with Resco. Taking into consideration price, product, and availability, staff recommended awarding the bid to Dakota Supply with firm pricing. Moved by Commissioner Stewart and seconded by Commissioner Westgaard to Page 6 Special Meeting of the Elk River Municipal Utilities Commission March 13,2017 award the electric cable bid to Dakota Supply with firm pricing of$373,745. Motion carried 3-0. 5.6 Seasonal Employee for Water Department Mr. Volk shared that we typically hire a seasonal employee for the Water Department to assist with a variety of duties including hydrant painting and well maintenance. For 2017, Mr. Volk budgeted for hiring seasonal help but failed to have it specifically noted as a line item in the budget. For the sake of transparency, staff wanted to bring this to the Commission for approval before moving forward with the hiring process. The Commission had a few questions on the duration and cost of employing a seasonal worker. Staff responded. Moved by Commissioner Stewart and seconded by Commissioner Westgaard to approve the hiring of a seasonal employee for the Water Department. Motion carried 3-0. 5.7 Employee Handbook Annual Updates Annually, staff and legal counsel review the existing personnel policies incorporated into the ERMU Employee Handbook for compliance with changing labor laws. Mr. Adams presented the revised handbook which included the following changes: removal of language related to the security department as the business line was sold in 2016, updated language regarding meal time breaks, insertion of a Fair Pay Policy per counsel recommendation, clarification on Lead Pay differential calculation, clarification on vacation accrual, and insertion of additional vacation pay for two management positions. Commissioner Stewart suggested the following corrections/changes: • Page 142—first paragraph, last sentence—should be: evening at 11:59 p.m. • Page 148—#31 —removal of point f. Security System purchase/time payments. • Pages 150-151 —#36—on the middle column of the chart please add quantifier "days"after each accrual rate per year. • Page 151 —third paragraph—update Example: If an employee's start date was July 1, 2016,the new accrual rate would start, July 1, 2019. • Page 36—#40, point 1 c.—change 20 yeast of service to 20 years of service. Moved by Commissioner Westgaard and second by Commissioner Stewart to adopt the revised ERMU Employee Handbook,to include the additional revisions identified by Commissioner Stewart. Motion carried 3-0. Page 7 Special Meeting of the Elk River Municipal Utilities Commission March 13,2017 6.0 OTHER BUSINESS 6.1 Staff Updates Mr.Adams stated in his staff report that he had attended the American Public Power Legislative Rally held in Washington D.C.February 27—March 2,2017. Mr.Adams stated that they had the opportunity to get some one-on-one time with our Senators and Congressmen and that the trip had been very worthwhile. There was discussion. Chair Dietz pointed out that Ms. Slominski had noted in her staff report that April 15 will mark the end of the cold weather rule and staff anticipates high numbers for shutoffs once this comes to an end. It was also noted that occasionally disgruntled customers that have been shut off will reach out to the commissioners. There was discussion. Mr.Fuchs added that we had very few outages due to the storm and tornado activity last week. He shared that as part of our mutual aid agreement with Connexus,we sent two crews up to the Zimmerman area to help out with the outages and the work associated with it. Mr. Volk added that we recently experienced a PLC(Programmable Logic Controller)failure. He explained the alarm notification process and stated that in this case we received notification of the failure from our regular backup dialer and a second notification from an additional alarm we recently added. Based on some of the catastrophic alarm failures we've seen in the news recently,Mr.Volk shared that it adds some peace of mind knowing that our alarm systems are doing what they need to do. There was discussion on our requirements for Coliform Bacteria testing. Mr. Sagstetter had nothing additional to add. Chair Dietz asked if Tom had the opportunity to meet the new Environmental Technician at the city. Mr. Sagstetter stated that he had. There was discussion on the cancellation of the 2017 Business Expo. 6.2 Set Date for Next Meeting The next regularly scheduled Commission meeting will be held on April 11,2017. 6.3 Adjourn Special Meeting Moved by Commissioner Westgaard and seconded by Commission Stewart to adjourn the special meeting of the Elk River Municipal Utilities Commission at 5:45 p.m. Motion carried 3-0. Minutes prepared by Michelle Canterbury. Page 8 Special Meeting of the Elk River Municipal Utilities Commission March 13,2017 ✓SRl) Jolit J.Dietz Chair,ERMU Co ► is.ion Tina Allam — -' City Clerk Page 9 Special Meeting of the Elk River Municipal Utilities Commission March 13,2017