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3.1.B ERMU MINUTES 10-12-2010ELK RIVER MUNICIPAL UTILITIES REGULAR MEETING OF THE UTILITIES COMMISSION HELD AT UTILITIES CONFERENCE ROOM September 15, 2010 Members Present: John Dietz, President; Jerry Gumphrey, Vice Char; Daryl Thompson, Trustee ERMU Staff Present: Troy Adams, Director of Operations; Theresa Slominski, Finance Director/Office Manager; Mark Fuchs, Line Superintendent; David Berg, Water Superintendent; Wade Lovelette, Technical Services Superintendent; Judy McSpadden, Recording Clerk City Staff Present: Lori Johnson, City Administrator; Justin Ferrite, City Engineer Others Present: Peter Beek, Attorney from Gray Plant Mooty Law Firm 1.1 Call meeting to order September 15, 2010 John Dietz called the September 15, 2010 meeting to order at 3:30 p.m. 5.1 was moved up to accommodate the guest speaker from McGrann Shea Carnival Straughn & Lamb. 5.1 Overview of Minnesota Municipal Utilities and Territory Acquisition by McGrann Shea Carnival Straughn & Lamb (verbal) Kaela Brennan of McGrann Shea Carnival Straughn & Lamb, talked about the assigned territory law passed in 1974 for municipal ownership and the reasoning behind acquisitioning territory. Discussion followed regarding the possibility of future territory acquisition and the costs involved. 2.1 Consider Utilities Agenda Daryl Thompson moved to approve the September 15, 2010 Utilities Agenda. Jerry Gumphrey seconded the motion. Motion carried 3-0. 3.1 Consider Consent Agenda John Dietz asked if employees were still turning in reimbursement forms for the tax preparation issue and staff affirmed. John Dietz moved to no longer accept tax return reimbursements after October 31, 2010. Daryl Thompson seconded the motion. Motion carried 3-0. Page 2 Regular meeting of the Elk River Municipal Utilities Commission September 15, 2010 John Dietz questioned the checks written for advertising in the check register. Discussion followed and staff was directed to come back with a total yearly cost for security business advertising. Discussion followed regarding the electric and water financials. Jerry Gumphrey moved to approve the Consent Agenda as follows: a. August Check Register b. August 10, 2010 Minutes c. Financial Reports Daryl Thompson seconded the motion. Motion carried 3-0. 4.1 Power Supply Options / Resource Planning Update Troy Adams updated the Commissioners on Phase 1 of the resource planning study which includes Central Minnesota Municipal Power Agency (CMMPA) as a participant. Phase 2 of the Resource Planning Coalition analysis is scheduled to begin September 16th and finish in mid April 2011. This second phase covers the Request for Proposal (RFP) and the evaluations of the RFP submittals. The Phase 2 cost allocation amount for Elk River Municipal Utilities (ERMU) would be $19,444.44. Jerry Gumphrey moved to authorize entering into Phase 2 of the Resource Planning Coalition Participation Agreement for $19,444.44. Daryl Thompson seconded the motion. Motion carried 3-0. 4.2 Proposed Revision to Water Use Restrictions Ordinance 78-51 At the August 10, 2010 ERMU Commission meeting, direction had been given to draft a revision of Ordinance 78-51 that would give the Utilities Commission authorization to restrict water in cases of emergency to properties within the City of Elk River whether they were served by ERMU or not. Attorney Peter Beck reviewed the language added to the existing ordinance. Discussion followed regarding the timeline of the enforcement of the water restrictions. Jerry Gumphrey moved to present the revised Ordinance 78-51 to the City Council for adoption. Daryl Thompson seconded the motion. Motion carried 3-0. At this time it was asked if Roger Renner could address the Commission regarding the Water Use Restriction Ordinance. Roger Renner voiced his concern regarding the Water Use Restriction Ordinance. Page 3 Regular meeting of the Elk River Municipal Utilities Commission September 15, 2010 5.2 Review 2011 Capital Projects & Equipment Budget The 2011 projected capital projects and equipment budget were reviewed. 5.3 Review and Consider Safety Management Program ERMU contracts with Minnesota Municipal Utilities Association (MMUA) to provide safety training through their Safety Management Program and Job Training and Safety (JTS) Program. Troy Adams informed the Commission that this is a good program and staff recommends approving the renewal of the MMUA Safety Management Program and JTS program for the 2010-2011 contract period. Jerry Gumphrey moved to approve the 2010-2011 contract with MMUA for the Safety Management and JTS Program for $22,675. Daryl Thompson seconded the motion. Motion carried 3-0. 5.4 Review and Consider Cable Installation Bids for 5`" Street Rebuild On September 2"6, bids were opened for contracted cable installation on the 5s' Street rebuild project. Staff recommends awarding to Michels Pipeline, the lowest responsive bidder. Jerry Gumphrey moved to award the cable installation contract for the 5"' Street rebuild project to Michels Pipeline, the lowest responsive bidder. Daryl Thompson seconded the motion. Motion carried 3-0. 5.5 Review and Consider Meter Reading In 1988, Patrick McBrady entered into a meter reading agreement with ERMU that automatically renewed annually. Patrick McBrady informed staff that September would be his last month reading meters for ERMU. Discussion followed regarding the options available to meet ERMU's meter reading needs. Staff recommends hiring a part time meter reader and a seasonal employee to facilitate taking meter reading in house, and purchase the mobile collector. Jerry Gumphrey moved to make an exception to the job posting policy due to time constraint and approve the stats recommendation for hiring a part time meter reader, seasonal employee, and purchase the mobile collector. Daryl Thompson seconded the motion. Motion carried 3-0. 5.6 Review and Consider Meter Tampering Ordinance Over the past few years, there has been an increase in instances where electric meters have been tampered with without authorization by ERMU. Discussion followed regarding the instances when Page 4 Regular meeting of the Elk River Municipal Utilities Commission September 15, 2010 this has happened and the amount of the fine. Consensus of the Commission was to raise the civil penalty amount to $250 instead of the proposed $50. Daryl Thompson moved to approve the proposed meter tampering ordinance for City Council review and consideration. Jerry Gumphrey seconded the motion. Motion carried 3-0. 5.7 The Minnesota Municipal Utilities Association 2010 System Innovation Award ERMU has won the System Innovation Award from MMUA. The award was presented to ERMU "in recognition for its leadership and innovation in customer service, energy efficiency, renewable energy or technology use, which has improved service to its community and enhanced public power's prestige." This award really comes to ERMU because of our excellent electrical system reliability and our progressive resource conservation programs. Vance Zehringer and his contribution to ERMU, Energy City, and our community was a significant factor in our achievements that led to receiving this award. 6.1 Staff Updates Troy Adams talked about his recent trip to North Dakota to tour Great River Energy's Coal Creek Station, DC Convertor Station, and the Falkirk Mine with representatives of GRE and Connexus. John Dietz voiced his concerns to Theresa Slominski regarding the customer dissatisfaction on the credit card fees. Discussion followed regarding the transaction fees and the cost to ERMU if the fees were absorbed. John Dietz directed Theresa Slominski to look into the fees and bring back to Commission for further discussion. A major outage occurred on Sunday, September 12th, caused by a squirrel. The call center was flooded with calls and a lot of customers were lost in the phone system. Theresa Slominski informed the Commission that she is looking into an automated software system and other alternatives but does not have all the information needed at this time and will bring back for discussion at a future meeting. David Berg talked about working one on one with the top 20 water users to help lower their water usage. Lori Johnson introduced Justin Femnte, the new City Engineer. Justin Femnte has been assisting David Berg with the well projects. 6.2 Set Date for Next Meeting The next regularly scheduled meeting of the Elk River Municipal Utilities Commission will be Tuesday, October 12, 2010 at 3:30 p.m. Page 5 Regular meeting of the Elk River Municipal Utilities Commission September 15, 2010 6.3 Adjourn Regular Meeting Jerry Gumphrey moved to adjourn the regular meeting of the Elk River Municipal Utilities Commission meeting at 6:15 p.m. Daryl Thompson seconded the motion. Motion carried 3-0. Minutes prepared by Judy McSpadden. John Dietz President, ERMU Commission Tina Allard City Clerk