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02-09-2010 ERMU MINELK RIVER MUNICIPAL UTILITIES REGULAR MEETING OF THE UTILITIES COMMISSION HELD AT UTILITIES CONFERENCE ROOM February 9, 2010 Members Present: John Dietz, President; Jerry Gumphrey, Vice Chair; Daryl Thompson, Trustee ERMU Staff Present: Troy Adams, Director of Operations; Theresa Slominski, Finance Director/Office Manager; David Berg, Water Superintendent; Wade Lovelette, Technical Services Superintendent; Judy McSpadden, Recording Clerk; Richard Wagner ERMU Staff Absent: Mark Fuchs, Line Superintendent City Staff Present: Lori Johnson, City Administrator; Bob Pearson, IT Manager Others Present: Peter Beck, Attorney from Gray Plant Mooty Law Firm 1. Call meeting to order February 9, 2010 John Dietz called the February 9, 2010 meeting to order at 4:00 p.m. 2. Consider Utilities Agenda Troy Adams requested. agenda item 5.4 Review and Consider Phone System Recording Options be moved up to accommodate Bob Pearson. Daryl Thompson moved to approve the February 9, 2010 amended Utilities Agenda. Jerry Gumphrey seconded the motion. Motion carried 3-0. 3. Consider Consent Agenda John Dietz questioned the checks for legal fees and what they were for, Theresa Slominski responded. John Dietz requested a more detailed description on future payments for legal fees. Jerry Gumphrey moved to approve the Consent Agenda as follows: 3.1 January Check Register 3.2 January 12, 2010, Minutes 3.3 Financial Reports Daryy Thompson seconded the motion. Motion carried 3-0. 5.4 Review and Consider Phone System Recording Options At the January 12, 2010, ERMU Commission meeting, Jerry Gumphrey directed staffto look into the possibility of implementing a phone recording system. A demo of the OAISYS phone recording system was performed with the City of Elk River's IT staffpresent. The two proposals Page 2 Regular meeting of the Elk River Municipal Utilities Commission February 9, 2010 provided were the rack mount system and the standing tower system. The IT department preferred the rack mount version because it is similar to the one currently used by the City of Elk River. Discussion followed regarding the OAISYS phone recording system and the recording capability of the current phone system. Consensus of the Commission was to have an intro message stating the call may be recorded, and to use the current phone system option of recording the call with a push of a button. Bob Pearson was asked by ERMU Commission to acquire pricing for licensing and storage capabilities on the current phone system and return to the next regularly scheduled ERMU meeting in March. 4.1 Review Inventory Inteerity Prowess At the February 2009 ERMU Commission meeting, the final draft policy for inventory was approved. Throughout the rest of 2009, cycle counts were performed along with ayear-end count involving all field staff for electric, water, and security departments. Throughout the year everyone stepped up to take ownership of a successful inventory accounting. John Dietz said staff should be commended on doing a great job, Jerry Gumphrey and Daryl Thompson agreed. 5.1 Review ERMU 2009 Annual Report to the City Council Each year all departments of the City of Elk River provide annual reports to the City Council. These reports are also provided in a digital format and placed on the City's website for the general public. The presentation date is yet to be determined, but is scheduled to be in April. Troy Adams reviewed the annual report and asked Commissioners if there was anything they wanted to add to the report. John Dietz said an organizational chart should be added and the electric reliability report that compares outage information to surrounding electric suppliers. Jerry Gumphrey said he thought the Big Stone project should be included in the report being staff spent so much time on the project. Troy Adams wanted to point out the great work and improvement in the Security System sales. The Security System sales were up 14% for 2009. 5.2 Review 2010 Territory Acquisition This year ERMU is scheduled to acquire the final area from a 20 year old territory acquisition agreement with Connexus Energy. This area is located east of County Road 1 near the intersection of County Road 32. Area 22 includes the Elk River Golf Course and approximately 25 other customers. The 2010 budget contains a $150,000 line item for new development which includes the estimated $90,000 for the acquisition. Also included in the 2010 budget is a $120,000 line item for rebuilding Area 22. Staff will be meeting with Connexus on March 1 S` to work through the details of the acquisition. An update will be provided at the March ERMU Commission meeting. Staff recommends authorization to proceed with these budgeted items. Jerry Gumphrey moved to proceed with the purchase of the budgeted items for the territory acquisition in Area 22. Daryl Thompson seconded the motion. Motion carried 3-0. Page 3 Regular meeting of the Elk River Municipal Utilities Commission February 9, 2010 5.3 Review Flex Plan Document Since 1998, ERMU has offered a Flexible Benefits Plan to its employees to be able to exclude from tax medical and dental premiums, and also participate in dependent care and medical expense reimbursement plans that offer tax savings. These plans fall under the IRS regulations for Section 125 Cafeteria Plans. In 2008 a Flexible Benefits Plan Document was adopted, that was compliant with IRS regulations. Changes in the law necessitate revision of that document. The document was drafted with the appropriate changes by Hitesman & Associates, and has been reviewed by ERMU's attorneys at Gray, Plant, Mooty. There are a lot of changes that are semantics and/or presentation oriented. Other items that changed or were added are a language related to the increased COBRA obligations of employers (when an employee leaves employment and is allowed to continue on the health insurance at their own expense, now some cases warrant a sharing of costs), Reservist obligations of employers (for those employees enlisted in reserve duty), and HIPPA information protection (private, nonpublic information specific to employees). Staff recommends approval of the revised Flexible Benefits Plan. Jerry Gumphrey moved to adopt the revised ERMU Flexible Benefits Plan Document as presented. Daryl Thompson seconded the motion. Motion carried 3-0. 6.1 Staff Updates Troy Adams reminded the Commissioners of the upcoming Energy Expo on February 27~', the Business Expo on April 11 ~', and the MMUA Winter Legislative Conference March 24"' thnu the 26~'. Discussion followed regarding an agreement executed in February of 2007 with Central Minnesota Municipal Power Agency (CMMPA) to participate in the CAPX Brookings-Twin Cities transmission development project through Midwest Munici~al Transmission Group (MMTG). The 2010 Annual MMTG meeting is scheduled for February 10 , an update will be provided at a future Utilities Commission meeting. Research continues for future wholesale power suppliers. For the past several months, staff and Peter Beck continue to review the customer policies and security deposits. CMMPA and MMUA are also performing a member survey and the results of that survey should be available for the March ERMU Commission meeting. John Dietz directed staff to bring this issue of the customer policies and security deposits back to the Commission for discussion at a future meeting. John Dietz asked for additional explanation and clarification of the W2c forms mentioned in the staffupdate, Theresa Slominski responded. David Berg reported he is in the process of acquiring bids from engineering firms on the Well Head Protection Plan for the three newest wells. A Water Rate Study is in progress and results should be available for the March ERMU Commission meeting. An update was given regarding the interest of other cell phone companies in putting antennas on the water towers and the status of the tower rental contract agreements. Wade Lovelette spoke for Mark Fuchs who was unable to be at the meeting but wanted the Commissioners to know that staff has been checking on the Street and Security lights to make sure they are being billed properly. Some discrepancies have been found and corrected. Staff will continue to check out areas for lighting when time is available. The line crews are testing hot sticks Page 4 Regular meeting of the Elk River Municipal Utilities Commission February 9, 2010 and getting the trucks ready for their annual inspections. John Dietz asked why month after month staff continues to work on the noted lock-out tag-out procedures. Wade Lovelette responded that OSHA now requires written policies on everything from using a piece of equipment to how to climb a pole. 6.2 Set Date for Next Meeting The next regularly scheduled meeting of the Elk River Municipal Utilities Commission will be Tuesday, March 9, 2010, at 4:00 p.m. 6.3 Adiourn Regular Meeting Daryl Thompson moved to adjourn the regular meeting of the Elk River Municipal Utilities Commission meeting at 5:10 p.m. Jerry Gumphrey seconded the motion. Motion carried 3-0. Minutes prepared by Judy McSpadden. Dietz ~~ Tina Allard City Clerk