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a � <br /> ELK RIVER MUNICIPAL UTILITIES <br /> SPECIAL MEETING OF THE <br /> UTILITIES COMMISSION <br /> HELD AT UTILITIES CONFERENCE ROOM <br /> August 22,2016 <br /> Members Present: Al Nadeau,Vice Chair;and Daryl Thompson,Trustee <br /> Members Absent: John Dietz,Chair <br /> ERMU Staff Present: Troy Adams,General Manager; <br /> Mark Fuchs,Electric Superintendent; <br /> Eric Volk,Water Superintendent; <br /> Mike O'Neill,Technical Services Superintendent; <br /> Tom Sagstetter,Conservation&Key Accounts Manager; <br /> Michelle Canterbury,Executive Administrative Assistant <br /> Others Present: Peter Beck,Attorney <br /> 1.0 CALL MEETING TO ORDER <br /> Al Nadeau called the August 22,2016 meeting to order at 9:15 a.m. <br /> 2.0 DISCUSS AND TAKE ACTION ON THE PURCHASE OR SALE OF REAL OR <br /> PERSONAL PROPERTY—BUSINESS LINE <br /> Staff distributed Resolution No. 16-9 Authorizing the Sale of Monitoring Accounts.Troy <br /> Adams stated that the Resolution was on the table for consideration. A draft Asset Purchase <br /> Agreement and draft Bill of Sale,Assignment&Assumption Agreement was also provided to <br /> the Commission. The Commission had the opportunity to review the draft Agreements and had <br /> a question on the redlined markups. Staff and Legal Counsel responded. Peter Beck shared that <br /> there was one other minor change that the buyer's Attorney had requested to be changed on the <br /> Purchase Agreement that was not reflected on the distributed copy. He added that he had a <br /> chance to review the request and didn't see any problem with making the change. Peter <br /> explained that the way the resolution is written,the draft Agreements would be approved subject <br /> to finalization of the Agreements to the satisfaction of the Chair,General Manager,and <br /> Commission Attorney. <br /> Troy Adams relayed that Chair Dietz who was unable to be at the meeting,and recognizing that <br /> he could not vote,requested it be added to the record that he supported the approval of the <br /> resolution. <br /> Daryl Thompson made a motion to approve the resolution authorizing the sale of the <br /> monitoring accounts. Al Nadeau seconded the motion. Motion carried 2-0. <br /> Page 1 <br /> Special Meeting of the Elk River Municipal Utilities Commission <br /> August 22,2016 <br /> 32 <br />