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2.2 ERMUSR 01-09-2024Chair Dietz asked if participating customers will be informed of the new sunset date if approved. Ms. Youngs confirmed they would. Chair Dietz asked if any new customers were being added to these programs. Ms. Youngs replied there are no new customers being added as the program is in a moratorium. Moved by Commissioner Westgaard and seconded by Commissioner Stewart to approve extension of a sunset date from December 31, 2023, to December 31, 2025, for the Dual Fuel, Electric Thermal Storage Water, and Electric Thermal Storage Space Heating programs. Motion carried 5-0 5.0 BUSINESS ACTION 5.1 Financial Report —October 2023 Ms. Karpinski presented the October 2023 financial report in which she highlighted that there will be no Power Cost Adjustment on customers' December bill due to a lower -than - expected Energy Adjustment Clause from the Minnesota Municipal Power Agency. Ms. Karpinski also noted that there were a couple budgets over the 10% threshold. Commissioner Westgaard asked if we will need to rework the capital budget moving forward to account for the overages. Ms. Karpinski stated that Mr. Geiser was diligent in adjusting other projects that offset the overages. Commissioner Stewart inquired about the industrial loads and megawatt hour graphs noting the sudden peak in November. There was discussion. Commissioner Stewart requested a footnote on the December financial report and graphs related to any corrections. Moved by Commissioner Bell and seconded by Commissioner Zerwas to receive the October 2023 Financial Report. Motion carried 5-0. 5.2 2024 Annual Business Plan — Budget and Schedule of Rates & Fees Ms. Karpinski presented the 2024 Annual Business Plan and opened it up to the Commission for questions or comments, highlighting the proposed zero percent rate increase for electric rates and two percent increase for water rates in 2024. Commissioner Stewart noted that the Minnesota Municipal Power Agency has proposed a zero percent rate increase however they will not officially approve their budget until the following week. Moved by Commissioner Westgaard and seconded by Commissioner Stewart to adopt the 2024 Annual Business Plan. Motion carried 5-0. Elk River Municipal Utilities Commission Meeting Minutes December 12, 2023 Page 5 31 5.3 Compensation Study Update Mr. Hanson presented the compensation study update with staff making a recommendation to enter into an agreement for services with Baker Tilly. There was consensus by the commission to move forward with this recommendation. Moved by Commissioner Zerwas and seconded by Commissioner Bell to approve Compensation Study Professional Services Agreement with Baker Tilly. Motion carried 5-0. 5.4 Earned Sick and Safe Time Policy Mr. Hanson presented the Earned Sick and Safe Time policy as it relates to Minnesota's new law that goes into effect January 1, 2024. Mr. Hanson stated that ERMU's current policy meets the state requirement, but the new law requires a broader definition of what is allowable use. Additionally, the law requires ERMU to provide Earned Sick and Safe Time to seasonal and temporary workers which is new for the organization. Chair Dietz asked if the new rules are broader in what time off can be used for and if there are concerns there will be abuse of the new policy. Mr. Hanson confirmed the new law is broader however there is confidence staff will not abuse the policy. Commissioner Westgaard asked how staff will manage employees being absent if under the new law employees do not have to give prior notice for time off. Mr. Hanson clarified that the new law only applies to sick time. Commissioner Westgaard asked if new language would need to be adopted stating that Earned Sick and Safe Time must be used to cover the two -week period before short term disability would take effect. Mr. Hanson explained how the current policy addresses this. Mr. Hanson asked the Commission to adopt the updated policy as it is today to be compliant with the new Minnesota law on January 1, 2024, with amendments possible in the future. Commissioner Westgaard asked if the Earned Sick and Safe Time is accrued or frontloaded. Ms. Zachman stated it would be accrued. Moved by Commissioner Zerwas and seconded by Commissioner Stewart to approve the ERMU Paid Sick and Safe Leave Policy. Motion carried 5-0. Elk River Municipal Utilities Commission Meeting Minutes December 12, 2023 Page 6 32 6.0 BUSINESS DISCUSSION 6.1 Staff Updates Mr. Hanson brought forth a compliment he received from an Elk River resident via city staff about the new Dodge Street lighting. Mr. Hanson expressed his appreciation for the work done by Mr. Geiser and Mr. Sumstad on this project. The resident was originally not in favor of adding streetlights and now is very appreciative of them. Following up on a topic from the November meeting, Chair Dietz commented that Mr. Rohlf from Cornerstone Auto was very appreciative of the contractor bids received from ERMU to correct the water main issue at the company's new quick lube location. Mr. Hanson confirmed that the water main has been completely corrected and the issue is resolved. Mr. Tietz noted that plugs for engine #4 have arrived after eight months on backorder which will allow staff to reassemble the engine. Chair Dietz asked if staff still runs the engines once a month. Mr. Tietz stated that they were not run this fall but that is the intention. Chair Dietz asked what the old field services office building is intended to be used for with staff now utilizing the new facility. Mr. Kerzman explained the garage stalls are used for equipment and the office area is currently being used for additional storage. 6.2 City Council Update Commissioner Westgaard provided an update from the City Council covering topics including development proposals, home occupation ordinance, 2024 budget and levy discussions, and the new floodplain ordinance updated from the DNR floodplain definitions. 6.3 Future Planning Chair Dietz announced the following: a. Regular Commission Meeting —January 9, 2024 b. 2024 Governance Agenda 6.5 Other Business There was no other business. 7.0 ADJOURN REGULAR MEETING Elk River Municipal Utilities Commission Meeting Minutes December 12, 2023 Page 7 33 Moved by Commissioner Bell and seconded by Commissioner Westgaard to adjourn the regular meeting of the Elk River Municipal Utilities Commission at 4:30 p.m. Motion carried 5-0. Minutes prepared by Jenny Foss. John J. Dietz, ERMU Commission Chair Tina Allard, City Clerk Elk River Municipal Utilities Commission Meeting Minutes December 12, 2023 Page 8 34