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2.2. ERMU MINUTES 10-09-2012ELK RIVER MUNICIPAL UTILITIES REGULAR MEETING OF THE UTILITIES COMMISSION HELD AT UTILITIES CONFERENCE ROOM September 11, 2012 Members Present: John Dietz, Chair; Daryl Thompson, Vice Chair; Al Nadeau, Trustee ERMU Staff Present: Troy Adams, General Manager; Theresa Slominski, Finance and 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; Rebecca Haug, Environmental Administrator for the City of Elk River 1.0 CALL MEETING TO ORDER John Dietz called the September 11, 2012 meeting to order at 3:30 p.m. 1.1 Pledge of Allegiance The Pledge of Allegiance was recited. 1.2 Consider Utilities Agenda Daryl Thompson moved to approve the September 11, 2012 Utilities Agenda. AI Nadeau seconded the motion. Motion carried 3-0. 2.0 CONSENT AGENDA (Approved By One Motion) Daryl Thompson moved to approve the Consent Agenda as follows: 2.1 August Check Register 2.2 August 13, 2012 Regular Meeting Minutes 2.3 Financial Statements 2.4 Auburn Street Water Tower Lease Agreement with Sprint 2.5 Federal Energy Regulatory Commission Waiver of OASIS Requirements 3.0 OPEN MIC No one appeared for open mic. Page 2 Regular meeting of the Elk River Municipal Utilities Commission September 11, 2012 4.0 OLD BUSINESS 4.1 Easement Considerations for Property Adjacent to Diesel Power Plant (Parcel ED #75-133-4210) Located east of ERMU's power plant is a 6.6 acre lot. This property has no recorded easement and currently accesses the property through the ERMU power plant property at 1705 Main Street. On July 17, the Utilities Commission authorized staff to begin evaluating the specifics of the issue and work towards developing a mutually beneficial solution. The authorization for preliminary work was limited to $4,000. Staff has been working with the City of Elk River on determining possible solutions. ERMU contracted Hakanson Anderson to provide survey work. Proposed access routes were staked. The City and State met at the site for a Technical Evaluation. Rebecca Haug, Environmental Administrator for the City of Elk River, reported the proposed route or any route that disrupts the wetland or wetland fiinge would not be supported. Discussion followed regarding other options. Daryl Thompson said it was ultimately up to the property owner. Consensus was to grant a temporary license agreement for access and to have the property owner work with the City and State on alternatives. John Dietz directed staff to continue to consider options. 4.2 Purchase of Property (Parcel ID 475-411-0210) The property at 1639 Main St NW (Parcel ID #45-411-0210), north of ERMU's Field Services building, has been listed for sale. Because of the property's location, it would be desirable for ERMU to purchase for future expansion, storage, or parking needs. At the August 2012 ERMU Commission meeting, staff was authorized to negotiate the purchase of the property with final approval being awarded by the ERMU Commissioners. Staff met with the Real Estate agent and inspected the home. Staff submitted an offer letter and it was accepted. A purchase agreement has been drafted and is awaiting commission approval. Discussion followed. Al Nadeau moved to purchase the property at 1639 Main St NW for $134,900 and authorizes Troy Adams to execute the purchase agreement. Daryl Thompson seconded the motion. Motion carried 3-0. Consensus was to allow staff to also explore the possibilities of purchasing the other adjacent properties. 4.3 Fiber Optic Network Update At the August 13, 2012 ERMU Commission meeting, approval was given for ERMU to partner with the City of Elk River and Sherburne County in a fiber optic network. The ERMU Commission authorized an investment in 1/3 of the project for up to $99,000. Page 3 Regular meeting of the Elk River Municipal Utilities Commission September 11, 2012 On September 24, 2012, the City Council gave approval to move forward with this 8 mile infrastructure shared project. The shared funding between the City of Elk River and Sherburne County has changed but the cost to ERMU is still estimated to be around $85,000. Discussion followed. A final draft of the agreement will be presented at the next ERMU Commission meeting. 5.0 NEW BUSINESS 5.1 Tri -County Action Program Services Agreement State Statute requires ERMU to spend .2% of residential gross operating revenue on programs specifically designed for low-income eligible customers. Tri -County Action Program (Tri -CAP) is the federally designated administrator for Sherburne County. In an effort to more effectively meet the spending requirements, ERMU has developed a partnership with Tri -CAP. Tom Sagstetter reviewed the Service Agreement with Tri -CAP. Discussion followed. Daryl Thompson moved to approve the Service Agreement with Tri -CAP for up to $6,000. Al Nadeau seconded the motion. Motion carried 3-0. 5.2 Review 2013 Budget 10 -year Capital Project Projections. 2013 Capital Proiects and Eauiument Purchases, and the Conservation Improvement Program (CIP) Troy Adams reviewed the 2013 budget containing Capital Projections, Capital Purchases and Equipment, and the Conservation hnprovement Program. Discussion followed. No action taken. 5.3 Minnesota Municipal Utility Association Annual Summer Conference Update In August, Minnesota Municipal Utilities Association (NIMUA) held their annual summer conference. This year the three representatives from ERMU were Troy Adams, Mark Fuchs, and Al Nadeau. Troy Adams and Al Nadeau updated the Commission on the topics and importance of being at these meetings. hi addition to this, Troy Adams was elected to the MMUA Board of Directors for a three year term. 5.4 Insurance Options and Renewal At the annual City, County and Other Government Agency insurance meeting on August 27, ERMU received the health insurance renewal contract with a 0% increase. This is not typically discussed for approval until the October meeting however, there is a timeline imposed on ERMU for other reporting requirements relating to health insurance that requires a decision before October 1. Theresa Slominski discussed the detailed reporting requirements and the timeline. Consensus was to Page 4 Regular meeting of the Elk River Municipal Utilities Commission September 11, 2012 stay with the current plan with the 0% increase. Theresa Slominski informed the Commission that the dental insurance would have a 6.7% increase. Al Nadeau moved to continue with the current health insurance plan for 2013. Daryl Thompson seconded the motion. Motion carried 3-0. 6.0 6.1 Staff Updates Troy Adams thanked Cal Portner for inviting him to the City Council meeting to meet the two members running for City Council. Deb Walters, the Waste Management Manager at the Landfill, retired August 31, 2013. They are currently seeking her replacement. John Dietz asked if staff has responded to the concerns received from the customer surveys. Theresa Slominski affirmed. Tom Sagstetter reminded Commission of the upcoming LFG 10 year anniversary on October 100' from 1:00 to 3:00. John Dietz was asked if he could speak at the event. 6.2 Set Date for Next Meeting The next regularly scheduled meeting of the Elk River Municipal Utilities Commission will be Tuesday, October 9, 2012, at 3:30 p.m. The Commission recessed the regular meeting at 5:30 p.m. 6.3 Closing of Meeting: "Meeting to be closed pursuant to MN Statute 13D.05, Subd. 3(c)(3) to develop or consider offers or counteroffers for the purchase or sale of real or personal property." a. Call Closed Session to Order b. Discussion c. Adjourn Closed Session 6.4 Adjourn Regular Meeting Daryl Thompson moved to adjourn the regular meeting of the Elk River Municipal Utilities Commission at 5:35 p.m. AI Nadeau seconded the motion. Motion carried 3-0. Page 5 Regular meeting of the Elle River Municipal Utilities Commission September 11, 2012 Minutes prepared by Judy McSpadden. John J. Dietz Chair, ERMU Commission Tina Allard City Clerk