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Ms. Youngs added that ERMU had applied for funds available from the government to cover <br />costs and had received around $3,000. <br />Staff confirmed that as of February 2022 ERMU is operating under pre-COVID-19 rules with <br />regards to disconnection for non-payment. There was discussion. <br />Moved by Commissioner Westgaard and seconded by Commissioner Bell to approve the <br />2022 third quarter delinquent items submitted. Motion carried 5-0 <br />5.4 2022 Assessments <br />Ms. Youngs asked the Commission to approve 2022 Assessments totaling $9,042.25 from <br />49 accounts which will then be sent to the City Council for approval at the November 21, <br />2022 meeting. <br />Ms. Youngs noted that this year's amount is about $4,000 less than last year. <br />Moved by Commissioner Stewart and seconded by Commissioner Nadeau to approve <br />2022 Assessments Listing totaling $9,042.25 to take to the City Council for assessment <br />on property taxes. Motion carried 5-0. <br />5.5 Field Services Facility Expansion Project Update <br />Mr. Kerzman informed the Commission that crews are completing the punch list items for <br />the interior of the building and that ERMU staff is going to wait to move into the offices <br />until most of the list is complete. There was discussion. <br />Chair Dietz asked about the state of the lawsuit filed by RJM Construction against the <br />initial structural steel contractor who did not perform the work. <br />Mr. Kerzman responded that RJM had recently been awarded summary judgement and <br />have served a deposition to understand finances of the company. <br />Attorney Beck added that based on the update from RJM and legal counsel assisting with <br />the project there is question about collectability. Attorney Beck also noted that the <br />company's attorney filed notice with the court to withdraw from the case. Finally, he <br />stated that legal counsel working on the project feels confident that RJM is doing <br />excellent work to reach a resolution. <br />Chair Dietz asked about the status of the project's contingency fund. <br />Mr. Kerzman responded that the amount depends on the result of the legal proceedings <br />but there is a little bit left in the fund. <br />Elk River Municipal Utilities Commission Meeting Minutes <br />November 8, 2022 <br />Page 5 <br />32 <br />