2.2 ERMUSR 10-11-2022ELK RIVER MUNICIPAL UTILITIES
REGULAR MEETING OF THE UTILITIES COMMISSION
HELD AT THE UPPERTOWN CONFERENCE ROOM
September 13, 2022
Members Present: Chair John Dietz, Vice Chair Al Nadeau, Mary Stewart, and Paul Bell
Present via Zoom: Commissioner Matt Westgaard participated in the meeting via interactive
television as he was out of the state at the time of the meeting.
ERMU Staff Present: Theresa Slominski, General Manager
Mark Hanson, Deputy General Manager
Melissa Karpinski, Finance Manager
Tom Sagstetter, Conservation & Key Accounts Manager
Tom Geiser, Operations Director
Mike Tietz, Technical Services Superintendent
Dave Ninow, Water Superintendent
Chris Kerzman, Engineering Manager
Tony Mauren, Executive Administrative Manager
Jenny Foss, Communications & Administrative Coordinator
Michelle Venema, Billing Specialist
Michelle Martindale, Credit & Collections Specialist
Jenny Biorn, Accountant
Christy Schallock, Customer Service Representative
Megan Zachman, Human Resources Generalist
Parker Theisen, IT/OT Technician
Rachelle Carlson-Oien, Customer Service Representative
Others Present: Cal Portner, City Administrator; Peter Beck, Attorney; Jared Shepherd,
Attorney with Campbell Knutson
1.0 GOVERNANCE
1.1 Call Meeting to Order
The regular meeting of the Utilities Commission was called to order at 3:30 p.m. by Chair Dietz.
1.2 Pledge of Allegiance
The Pledge of Allegiance was recited.
1.3 Consider the Agenda
There were no additions or corrections to the agenda.
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Moved by Commissioner Bell and seconded by Commissioner Nadeau to approve the
September 13, 2022, agenda. Motion carried 5-0
1.4 Resolution Recognizing 2022 Public Power Week
Mr. Geiser presented the resolution recognizing 2022 Public Power Week, occurring October
2-8.
Moved by Commissioner Nadeauand seconded by Commissioner Stewartto adopt
Resolution 22-10 Recognizing Public Power Week, October 2-8, 2022. Motion carried 5-0
1.5 Resolution Recognizing 2022 Customer Service Week
Ms. Youngsprovided background on National Customer Service Week and askedthe
Commission to adopt the resolution recognizing 2022 Customer Service Week.
Moved by Commissioner Stewartand seconded by Commissioner Bell to adopt Resolution
22-11 Recognizing Customer Service Week, October 3-7, 2022. Motion carried 5-0
2.0 CONSENT AGENDA (Approved By One Motion)
Moved by Commissioner Nadeau and seconded by Commissioner Bell to approve the
Consent Agenda as follows:
2.1 Check Register – August 2022
2.2 Special Meeting Minutes – August 9, 2022
Motion carried 5-0.
3.0 OPEN FORUM
No one appearedfor open forum.
4.0 POLICY & COMPLIANCE
4.1 Remote Work Discussion
Chair Dietz presented his memo, statinghis opinion that the remote work option provided
in the employee handbook updates approved by the Commission in June,should no
longer be offered. Chair Dietz explained that ERMU had been conscious of staff’s safety
during the pandemic, allowing them to work remotely and compensating employees
without work in the initial two weeks of the shelter-in-place order. Chair Dietz stated that
the pandemic is over, and it is unfair to offer the remote work option to some employees
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while others such as field staff cannot work from home or must use time off to care for
sick children.
Chair Dietz pointed out that the request from staff at the Wage & Benefit Committee
meeting in August for additional sick daysfor non-remote employees is in response to the
remote work option and there are real costs to providing those extra sick days.
Chair Dietz concluded that he doesn’t see a reason to continue to offer the option, noting
that the City no longer does. He then opened it up for discussion.
Commissioner Stewart presented notes she had prepared, sharing her background in the
utilities field and the implementation of paperless processes which improved the
functionality of remote work for her employer.
Commissioner Stewart noted there arewell-defined expectations in ERMU’s remote work
policy and agreements can be changed or adapted by management as needed.
Commissioner Stewart shared her belief that there must be a level of trust in staff,
equating the circumstances of someone on field staff being out on work sites without
direct supervision.
Commissioner Stewart added that customer service phone calls are answered in the same
manor whether staff is in the office or not, creating a seamless experience for customers.
Commissioner Stewart stated her opinion that the remote work option is not just to care
for sick children. In instances of significant illness where direct care is needed a sick day
will be necessary but in cases where the child is on bed rest the interference with the
workday could be minimal.
Commissioner Stewart addressed an issue raised in the memo submitted for discussion
about the purchase of technology such as computers, keyboards, etc. She clarified that
ERMU is only buying one set of equipment that will be used in the office and remotely.
Commissioner Stewart highlighted recent changes to CDC guidelines which would
minimize quarantine time and thereby some need for time off.
Commissioner Stewart shared her opinion that the City not offering a remote work option
is not a good reason to end the program. She noted the City offers summer hours to its
staff which create a shorter workday on Fridays, whereas ERMU decided this schedule
would not suit operations.
Commissioner Stewart noted that it was the management that created this option and are
the ones who understand how to implement it. She restated that the terms can be
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changed at any timeand that the option is a retention and recruitment tool, adding there
is cost in losing employees and training new ones.
Commissioner Bell notedagain that only certain employees receive the benefit and
provided background from his professional experience about the disparity in one
employee group having work location flexibility while another did not.
Commissioner Bell also noted there are limitations with staff being out of the office and
unable to support colleagues. He added if there was a strict schedule for staff to follow he
would be more likely to approve the option.
Ms. Youngs was recognized to provide comments. She offered context on the scheduling
of remote work for staff, sharing that the schedule is set a month in advance. In the event
of becoming short on staff in the office, the representative working remotely knows they
will need to come in.
Ms. Youngs added that customer service staff can use technology to communicate with
one another and that there are a lot of projects staff can work on remotely. Ms. Youngs
advocated for the continuation of the program for retention. There was discussion.
Ms. Karpinski was recognized to provide comments. Ms. Karpinski explained the
accounting department’s remote work schedule, sharing that there is always at least one
staff member from the department in office. Ms. Karpinski added that in the accounting
world there is a lot of hybrid-model remote work positions offered.
Commissioner Nadeau stated his agreement with Chair Dietz that staff should return to
the office.
Commissioner Stewart highlighted statistics from Ms. Youngs staff report which
demonstrates there are less than 20 walk-in customers a week, adding her opinion that
that was a manageable amount for the staff scheduled to be in office under the remote
work option.
Mr. Hanson was recognized to provide comments. Mr. Hanson shared the remote work
policy from his previous municipal government employer.
Commissioner Westgaard asked if the request is stemming from an extension of the
protocols around COVID-19 or a change in corporate policy. Commissioner Westgaard
stated if it is a change in policy it should be vetted for validity.
Commissioner Westgaard added his opinion that collaboration becomes more difficult
with members of staff working remotely. He added that ERMU must maintain the level of
service that customers expect as well as monitor staff productivity.
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Commissioner Westgaard stated that this program seemed to have been born from the
COVID-19 protocols which have largely passed.
Ms. Slominski was recognized to provide comments. Ms. Slominski supplied background
on the development of the remote work policy that preceded COVID-19, stating that
ERMU did not have the means or the technology to offer it to most staff. Ms. Slominski
explained that with technology purchased to abide by COVID-19 protocols, ERMU
leadership realized they could now serve customers and be a flexible employer. Ms.
Slominski added that the four page remote work policy is centered around the customers
and maintaining a high level of quality service.
Commissioner Bell asked staff’s opinion as to why there is now a request from field
services staff for additional sick time.
Ms. Slominski shared her opinion that there is a member of the field staff who is able to
work from home and has needed to due to sick children. Seeing that has made thisissue
stand out to the field staff.
Ms. Slominski added that it is getting harder to retain employees and that she is not sure
all employees would choose to remain at ERMU if the program is removed. There was
discussion.
Commissioner Stewart noted the inherent differences between roles in the field and in
the office and therefore what benefits can be offered. She reminded the Commission that
the request for additional sick time for field staff is currently just a request and not part of
the discussion. She went on to state that the remote work option has been approvedand
there is no evidence of failure and recommended the Commission continue to let it work.
Commissioner Stewart explained that the Commission sets parameters at a high level and
should not tell management how to operate within those parameters. She added her
opinion that terminating the option is “micromanaging” the management group.
Chair Dietz called the motion for a vote.
Mr. Hanson requested the opportunity to share his thoughts. Commissioner Nadeau
communicated that he would like to hear Mr. Hanson’s thoughts. Chair Dietz recognized
Mr. Hanson.
Mr. Hanson provided his opinion that ERMU has a strong staff and should want to keep it.
He added that he was surprised at how well remote work has worked, and that it appears
to be a seamless operation.
Mr. Hanson cautioned against changing what is working based on anecdotes from other
locations.
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Mr. Hanson stated that he trusts the staff, that productivity is being tracked, and that he
was open to the challenge of keeping the remote work option. He requested the
opportunity to provide benefits that keep and attract future staff.
Commissioner Bell shared that his concerns over the scheduling issues were resolved
through Ms. Slominski’s explanation of the program.
Chair Dietz called the motion for a vote.
Motion to terminate remote work option as of January 1, 2023, fails due to lack of a second.
5.0 BUSINESS ACTION
5.1 Legal Services Agreement
Ms. Slominski presented the Legal Services Agreement to the Commission which names
Attorney Shepherd as ERMU’s legal counsel following the retirement of Attorney Beck at
the end of the year.
Attorney Beck presented Attorney Shepherd to the Commission sharing that his
recommendation was for the City and ERMU to name him as legal counsel, adding the City
had already done so.
Attorney Beck discussed the schedule for providing necessary information to Attorney
Shepherd prior to his retirement.
Attorney Beck added that he will not be renewing his license to practice lawin 2023 and
will no longer be able to provide legal advice at that point.
Mr. Shepherd introduced himself to the Commission.
The Commission welcomed Mr. Sheperd.
Moved by Commissioner Stewart and seconded by Commissioner Nadeau to approve
the Legal Services Agreement for Jared Shepherd to serve as principal legal counsel
effective January 1, 2023, and coordination with Peter Beck effective October 1, 2022.
Motion carried 5-0.
5.2 Financial Report – July 2022
Ms. Karpinski presentedtheJuly 2022 Financial Report. She noted that year to date
electric use is down less than half a percent while water use is down 14%.
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Ms. Karpinski explained that the Power Cost Adjustment will be billed at 14 millsin
September, 18 mills in October, and20 mills for November and December. Ms. Karpinski
estimated there will be a $1.2 million accrual that will need to be passed on by the end of
the year, adding that at 20 mills that balance can be made up in the first couple months if
the Energy Adjustment Clause comes down.
Ms. Karpinski noted water is having a favorable year.
Commissioner Bell asked staff when they expect to see favorable budget numbers. Ms.
Karpinski explained she could not guarantee when the financials would become favorable
but there was no need to panic. There was discussion.
Commissioner Westgaard requested in coming months that staff provide a plan to
mitigate challenges. There was discussion.
Moved by Commissioner Nadeau and seconded by Commissioner Stewart to receive the
July 2022 Financial Report. Motion carried 5-0.
5.3 2023 Annual Business Plan: Capital Projects & Equipment Purchases, and 20-Year Capital
Projections
Ms. Karpinski presented the annual business plan highlighting major projects such as
Advanced Metering Infrastructure (AMI) implementation, the Highway 169 Redefine project,
vehicle purchases, and transformer cost increases.
Ms. Karpinski noted one item that will change is the fiber loop to Auburn Water Tower. This
item is expected to cost closer to $90,000 rather than the $38,000 listed in the budget but
added that the City could also be contributing.
Commissioner Stewart had questions about the streetlight line item. Staff responded.
Commissioner Stewart asked about the depreciation life for AMI. Ms. Karpinski responded
that it is believed to be on a 15-year schedule.
Chair Dietz had a question on the source of funding for electric and water projects. Staff
explained that half of the funding would come from reserves the other from the annual
margin. Ms. Slominski explained that the amounts for 2023 are comparable to previous years.
Commissioner Stewart asked what “VFD” stood for in the Well #7 VFD line item. Mr. Ninow
responded that it stood for variable frequency drive which allows the user to select the well
motor’s speed. Commissioner Stewart recommended adding that acronym to the glossary of
acronyms provided to the commissioners annually.
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5.4 Field Services Facility Expansion Project Update
Mr. Kerzman highlighted major items such as the beginning oftree planting and the
completion of the steps that needed to be redone, adding theywere to be inspected the
following day.
Mr. Kerzman stated that estimates show the lower level workshop and garages, as well as
the elevator should be completed by the end of the week. He added that a Certificate of
Occupancy is expected in the next few weeks but stated ERMU would not have the full
building certificate by Friday as projected by RJM Construction.
Commissioner Bell asked if a full Certificate of Occupancy is necessary before the furniture
can be delivered. Mr. Kerzman responded that it is not, and that delivery was starting the
next Monday.
5.5 Wage & Benefit Committee Update
Ms. Slominski provided an update to the Commission on items submitted by staff at the
open Wage & Benefit Committee meeting the previous month.
Ms. Slominski noted that requests were aimed at retention and that the group was not
necessarily asking the Committee to approveevery request.
Central Municipal Power Agency Services Transmission Opportunity
5.6
Ms. Slominski provided background on the investment opportunities made possible by
ERMU’s participation in the joint transmission program in cooperation with Central
Minnesota Municipal Power Agency. Ms. Slominski requested feedback from the
Commission.
Commissioner Bell sought to confirm that it was staff’s recommendation to enter into
this agreement. Staff responded that it was.
There was consensus among the Commission to enter into the agreement.
BUSINESS DISCUSSION
6.0
6.1 Staff Updates
Mr. Geiser corrected an item from his staff update explaining that the vendor repairing 12
faulty pad mounted transformers currently has eight of them and will take the other four when
those are done, not the other way around.
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Mr. Geiser also requested permission to move forward with the order of a Vac-Tron excavation
vacuum budgeted for 2023 to reducedelivery time and costs, noting the costs would still
appear in 2023. The Commission approved moving forward with the order.
Mr. Geiser offered details on assistance providedto a data center that needed a new metering
cabinetdue to theirs shorting out the previous Saturday. Crews were able to restore service
later that day. Mr. Geiser commended staff for their efforts.
6.2 City Council Update
Commissioner Westgaard provided a City Council update covering topics such ascity budget
items, the preliminary levy, EDA/HRA budgets, easement vacation,and aTHC ordinance.
6.3 Minnesota Municipal Utilities Association Summer Conference Discussion
Ms. Slominskiprovided the opportunity to share information from the conference for
Commissioner Westgaard who couldn’tattend.Commissioner Bellprovided details fromthe
discussions he had on electric vehicles. Commissioner Stewartshared the information she
received in a presentation about Midcontinent Independent System Operator.
6.4 Future Planning
Chair Dietz announced the following:
a. Regular Commission Meeting – October 11, 2022
b. 2022 Governance Agenda
Other Business
6.5
There was no other business.
DJOURN REGULAR MEETING
7.0 A
The regular meeting of the Elk River Municipal Utilities Commission adjourned at 4:59 p.m.
Minutes prepared by Tony Mauren.
___________________________________
John J. Dietz, ERMU Commission Chair
___________________________________
Tina Allard, City Clerk
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