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3.2. ERMU MINUTES 04-10-2012ELK RIVER MUNICIPAL UTILITIES REGULAR MEETING OF THE UTILITIES COMMISSION HELD AT UTILITIES CONFERENCE ROOM March 20, 2012 Members Present: John Dietz, Chair; Daryl Thompson, Vice Chair; Al Nadeau, Trustee ERMU Staff Present: Troy Adams, Utilities Director; Theresa Slominski, Finance Director/Office Manager; Mark Fuchs, Line Superintendent; David Berg, Water Superintendent; Wade Lovelette, Technical Services Superintendent; Tom Sagstetter, Conservation & Key Accounts Manager; Judy McSpadden, Recording Clerk Others Present: Cal Portner, City Administrator; Peter Beck, Attorney from Gray Plant Mooty Law Firm 1.1 Call meeting to order March 20, 2012 John Dietz called the March 20, 2012 meeting to order at 3:30 p.m. 1.2 Oath of Office Daryl Thompson was sworn in as an ERMU Commissioner by John Dietz. 2.1 Consider Utilities Agenda Troy Adams added 2.2 Election of Officers. John Dietz added a couple items under Other Business. Daryl Thompson moved to approve the March 20, 2012 Utilities Agenda with changes. Al Nadeau seconded the motion. Motion carried 3-0. 2.2 Election of Officers Al Nadeau moved to have John Dietz remain as Chair, Daryl Thompson as Vice Chair, and Al Nadeau as Trustee. Daryl Thompson seconded the motion. Motion carried 3-0. CONSENT AGENDA (Approved By One Motion) John Dietz had questions on the check register, staff responded. Al Nadeau recommended ERMU getting a company credit card. Consensus was for staff to look into this and bring back to the commission. Al Nadeau questioned a check to a plumber for a water issue, staff responded, discussion followed. Commission, staff, and legal counsel also discussed conflict of interest. Daryl Thompson moved to approve the Consent Agenda as follows: Page 2 Regular meeting of the Elk River Municipal Utilities Commission March 20, 2012 3.1 February Check Register 3.2 February 14, 2012 Regular Meeting Minutes 3.3 Financial Reports 3.4 Approval of Dispersed Generation Tariff Documentation Changes Al Nadeau seconded the motion. Motion carried 3-0. OPEN MIC No one appeared for open mic. 4.1 Update on Power Supply Options / Resource Planning In September 2008, Connexus Energy terminated the 10 -year rolling "all requirements" power contract with Elk River Municipal Utilities (ERMU). ERMU Cormnission authorized entering into "Phase I" of a resource planning study in April of 2010, with a coalition which includes Central Minnesota Municipal Power Agency (CMMPA) as a participant. In September 2010, ERMU Commission authorized entering into "Phase 2" of a resource planning study which includes the release of a Request For Proposal (RFP). The RFP was issued on November 15, 2010. In May 2011, the ERMU Commission authorized entering into "Phase 2b" of the resource planning study which will include risk assessment of the proposals. In addition to working with the Resource Planning Coalition, staff continues to explore other power supply options. Troy Adams updated the Commissioners on the discussions and information acquired in the last month. 4.2 Update on Building Signage In late 2011, ERMU Commission asked staff to research restrictions and regulations for signage on the Power Plant. At the February 14, 2012, ERMU Commission meeting the Commission approved proceeding with the lowest quote. Since then, there has been further discussion on the proposed signage. Originally, staff proposed two separate building signs, but now recommends only one sign. Discussion followed regarding the placement of the sign, response time of quotation, and materials used. Al Nadeau moved to accept the bid from Minuteman. Daryl Thompson seconded the motion. Motion carried 3-0. 5.1 Review and Consider Purchase of Bucket Truck As part of the 2012 Budget process, the Commission and staff reviewed the vehicle replacements and replacement postponements. Included in this review was the analysis to replace Page 3 Regular meeting of the Elk River Municipal Utilities Commission March 20, 2012 Bucket Truck #5. The estimated replacement cost at the time was $175,000. This was included in the 2012 Budget which was approved by the Commission on December 13, 2011. This type of equipment is not available through the Minnesota State Bids. However, National Joint Power Alliance (NJPA) is a government service cooperative that had been created through MN Statute 213A.21 and they have government contracts for this type of construction equipment. This agency provides a similar service as the Minnesota State Bids and is able to do so by MN Statute 471.59 and 471.345. Altec Industries, Inc has the contract with NJPA for this type of equipment. Discussion followed regarding the replacement cost from last year to the current cost which exceeds the budgeted amount by $4,329. Daryl Thompson moved to approve the purchase of the new bucket truck with trade in of bucket truck #5 from Altec Industries, Inc. for $179,329. Al Nadeau seconded the motion. Motion carried 3-0. 5.2 Update from 2012 American Public Power Association Legislative Rally The 2012 American Public Power Association Legislative Rally in Washington, D.C. was held March 12-14. Minnesota municipal utilities meet with our elected officials on the last day of the event. During this rally's Legislative and Resolutions Committee, ERMU also has the opportunity to vote on APPA's policy on legislation, regulation, and other federal issues. Troy Adams and Al Nadeau updated the Commissioners on the information they acquired along with their experiences. 5.3 Review and Consider Holiday L.E.D. Lighting Award Program At the February 14, 2012 ERMU Commission meeting, staff was directed to look into options and bring back for further discussion. Tom Sagstetter had several points of consideration to go over with the Commission. After further discussion, staff was directed to check with the City of Princeton to see what they do and revisit this at the next meeting. 6.1 Staff Updates Troy Adams said he would be meeting with Sherburne County to discuss the potential of expanding the LFG plant by adding more engines. A joint meeting between the City of Elk River and Sherburne County will be coming up in April. This would be a good time to present the bonus check to Sherburne County, based on the level of production from the LFG plant, which this year will be $15,000. An assessment agreement will be presented to the City Council on April 2, 2012, and will then bring to Commissioner for approval. John Dietz commented that there would be a special closed Page 4 Regular meeting of the Elk River Municipal Utilities Commission March 20, 2012 meeting after the regularly scheduled ERMU Commission meeting in April for the performance review of the Utilities Director under Minnesota Statute 13D.05, Subd. 3(a). Theresa Slommski informed the Commissioners of the upcoming implementation of the Auto Dialer system that was a budgeted for 2012. She also informed the Commissioners of a billing adjustment that will be on the bills being sent out in March for the 2012 rate that was not updated in the system for the January usage. John Dietz asked Theresa Slommski about customer surveys, she responded that ERMU is looking at what the options are. Discussion followed. David Berg reviewed the Customer Water Repair — Outdoor Leak procedure, along with the listing of water service repair contractors. John Dietz asked Tom Sagstetter if he was going to be contacting the customers in the tier 3 water rate regarding the new water conservation program. Tom responded he is working on a flyer to send out to the commercial water customers this would affect. Tom Sagstetter added there would be a mailing sent out to customers in April which will include the Wind Energy brochure with the cost changing from $1.00 to 80¢ per block. John Dietz talked about a couple of articles in The MMUA Resource newsletter. One being the territory dispute between Moorhead and Red River and whether it could affect ERMU's relationship with Connexus, another article was the Rice rules which would affect our boilers. Troy Adams responded. John Dietz asked Troy Adams to look into the MMUA Scholarship Award Program mentioned in The MMUA Resource newsletter. 6.2 Set Date for Next Meeting The next regularly scheduled meeting of the Elk River Municipal Utilities Commission will be Tuesday, April 10, 2012, at 3:30 p.m. 6.3 Adiourn Regular Meetin¢ Al Nadeau moved to adjourn the regular meeting of the Elk River Municipal Utilities Commission at 4:50 p.m. Daryl Thompson seconded the motion. Motion carried 3-0. Minutes prepared by Judy McSpadden. John J. Dietz Chair, ERMU Commission Tina Allard City Clerk