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8.g Administrator's Report Staff Report Date of Meeting: May 15, 2018 To: City Council From: Neil Soltis, Administrator Re: Administrator’s report Building Inspection – Through the end of April, 90 permits with a total valuation of $14,097,153 have been issued. The 2018 totals include the permits for the elementary School improvements and for 3 new homes. The compares to 67 permits with a total value of $3,003,506 with 3 new homes for the first four months of 2017. Assessor – City Assessor Patrick Poshek has begun visiting properties in order to update for the 2019 Assessment. Under Minnesota Statute 273.08, the appraiser is required to physically review each property at least once every five years. The properties in the southwest portion of the city will be reviewed this year. A news item regarding the update along with a map of the portion of the City that will be visited in 2018 have been added to the website. 2018 Road Projects – A news items has been added the City’s website to provide information on the City project and to provide links to the County projects on Oak hill and Olinda. The weekly updates from Bolton & Menk will be added to the website along with an option to receive the update through email. Legislative Session – Gateway Trail bill – The language that would allow for MnDNR to seek the expiration of the metropolitan agricultural preserve classification on the portion of land under their trail easement has been adopted in the House and Senate conference. The request for bonding funds for the pre-design of the portion of the Gateway Trail from William O’Brien State Park to behind the former Fire Hall has not been included in the bonding bill. BoldPlanning - The County has scheduled training on the BoldPlanning software to be used to develop Emergency Operations Plans and Continuity of Operations Plans. The training will be on June 19 and June 20. Chief Hinz will be attending the complete training and Ada m Hawkinson and I will be attending a ½ day session on the Emergency Operations Plan. Frontier investigation - The Minnesota Public Utilities Commission has recently issued an Order opening a docket to investigate the customer service, service quality, and billing practices related to Frontier Communication’s telephone service. The Commission seeks to learn whether, and to what extent, Frontier has violated relevant requirements and standards. That Order requires Frontier to provide a copy of the Order to municipalities, counties, and local governing authorities in its service area. A copy of the Order is attached. GreenStep Cities – Solar - The GreenStep Clean Energy Resource Team is soliciting communities that wish to participate in SolSmart, a free technical assistance program. SolSmart recognizes cities, counties, and townships for making it faster, easier, and more affordable to go solar. The uses a local and national team of experts to provide no-cost technical assistance to help local governments become "open for solar businesses" and to ensure that planning, zoning & permitting (among other things) ordinances and processes are utilizing best practices. The City would need to submit a letter of commitment will need to be submitted by June 1st in order to participate. Participation would be worthwhile if the City is seeking to reconsider allow community solar farms in the future. Public Works Staffing – The City received no applications for the part-time seasonal maintenance worker position. We have also been informed that one of the Public Works staff will be off work due to recovery from a medical procedure. The City’s personnel policy allows for the Administrator to grant a 10-day leave of absence. Further leave of absence requires City Council approval. The Union inquired about the applicability of leave under the Family Medical Leave Act. It was determined that FMLA does not apply since the City does not have 50 employees. Open to Business – The Washington County CDA has provided an update on the Open to Business program that they have contracted with to provide assistance to small businesses. Open to Business worked with 2 Scandia businesses in the 1st quarter on 2018 Washington County Public Works 2019 - 2023 Capital Improvement Plan - Ryan Goodman and I attended a workshop on the County Plan. Beyond the 2018 pavement preservation projects on Olinda and Oakhill, the only Scandia project on their CIP is County 50 (192nd St. N) in 2022. 1 BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION Nancy Lange Chair Dan Lipschultz Commissioner Matthew Schuerger Commissioner Katie J. Sieben Commissioner John A. Tuma Commissioner In the Matter of a Commission Inquiry into the Service Quality, Customer Service, and Billing Practices of Frontier Communications ISSUE DATE: April 26, 2018 DOCKET NO. P-407, 405/CI-18-122 ORDER INITIATING INVESTIGATION AND REFERRING MATTER FOR PUBLIC HEARINGS PROCEDURAL HISTORY On February 12, 2018, the Commission issued a notice initiating this docket. The notice stated that the Commission had received a number of customer complaints on the service quality, customer service, and billing practices of Frontier Communications of Minnesota, Inc. and affiliate Citizens Telecommunications of MN, LLC (collectively, Frontier Communications or Frontier). The notice invited comments from any interested person, and asked the Minnesota Department of Commerce (the Department), the Minnesota Office of Attorney General (OAG), and other interested stakeholders to investigate the matter and file a report by May 11, 2018. By March 19, 2018, the Commission had received at least 439 comments and complaints. On March 27, 2018, the Department filed comments. On March 29, 2018, the matter came before the Commission. The Commission heard comments from Frontier, the Department, and the OAG. FINDINGS AND CONCLUSIONS I. Summary In response to customer complaints, the Commission will launch an investigation, initially consisting of three steps: Distributing this decision among local units of government; Convening public hearings; and Seeking a report and recommendations from the Department. 2 II. Jurisdiction Minn. Stat. § 237.081 authorizes the Commission to investigate complaints about telephone service as follows: Subdivision 1. Commission investigation. Whenever the commission believes that a service is inadequate or cannot be obtained or that an investigation of any matter relating to any telephone service should for any reason be made, it may on its own motion investigate the service o Subd. 1a. Complaint investigation. Upon a complaint made by no fewer than 100 of the subscribers or spouses of subscribers of the particular telephone company, that any regulation, measurement, practice, act, or omission affecting or relating to the production, transmission, delivery, or furnishing of telephone service or any service in connection with telephone service is in any respect unreasonable, insufficient, or unjustly discriminatory, or that any service is inadequate or cannot be obtained, the commission, after notice to the telephone company, shall investigate the matters raised by the complaint. III. Positions of the Parties The Department has reviewed the comments filed to date. In addition, the Department reviewed the service quality information that Frontier filed as part of its Alternative Form of Regulation Plan under Minn. Stat. §§ 237.761 .765.1 The Department found that Frontier has failed to customer calls. The Department and OAG recommend that the Commission order public hearings regarding identifying, to the extent possible, regions from which the greatest numbers of complaints arose. Frontier acknowledges the customer complaints, although Frontier notes that some complaints left doubt about the precise nature of the problem alleged. Frontier argues that the complainants represent a small Also, Frontier acknowledges n over customer service, service quality regulated landline phone service, but argues argues that this service is n 1 See Docket No. P-405/AR-14-735, In the Matter of a Petition by Frontier Communications of Minnesota, Inc. for Approval of its Revised Alternative Regulation (AFOR) Plan ; Docket No. P-407/AR- 15-388, In the Matter of a Petition by Citizens Telecommunications Company of Minnesota LLC to Adopt an Existing Alternative Form of Regulation Plan. 3 IV. Commission Action A. Investigation Based upon the customer complaints received, both before and after the Commission solicited such comments, and the comments of the parties, the Commission finds reason to pursue an investigation of customer service, service quality, and billing practices telephone service. The Commission seeks to learn whether, and to what extent, Frontier has violated relevant requirements and standards whether those standards arise from statute, rule, AFOR Plan, or any other authority. To further this investigation, the Commission will take three steps. B. Notice of Investigation First, the Commission will direct Frontier to distribute copies of this order to all municipalities, counties, and local governing authorities within Minnesota service area. This will give them prompt notice that an investigation is underway. C. Public Hearings Second, the Commission will order Frontier to participate in public hearings in this matter. Public hearings provide a useful forum for gaining information about customer complaints, and for identifying proposed remedies. The Commission concludes that between three and six hearings, in at least three areas of the state, would suffice to ensure that the bulk of Frontier customers will have a fair opportunity to participate; only one such hearing should be held in the Twin Cities Metropolitan Area. Questions about these hearings may be addressed to Michelle Rebholz, 651.201.2206, michelle.rebholz@state.mn.us, Minnesota Public Utilities Commission, 121 7th Place East, Suite 350, St. Paul, Minnesota 55101-2147. In addition, the Commission will refer this matter to Hearings to organize and preside over the public hearings, and to provide a summary of what transpires. The Office of Administrative Hearings has assigned Administrative Law Judge Jeffery Oxley to conduct the proceedings. His address is as follows: Office of Administrative Hearings, 600 North Robert Street, St. Paul, Minnesota 55101. His mailing address is P.O. Box 64620, St. Paul, Minnesota 55164-0620. He can be reached through his legal assistant, Lisa Armstrong at 651.361.7888. Judge Oxley will convene a prehearing conference on Wednesday, May 9, 2018, at 10:00 a.m. in the Small Hearing Room at the office of the Public Utilities Commission, 121 Seventh Place East, Suite 350, St. Paul, Minnesota 55101-2147. To publicize these meetings, the Commission will direct Frontier to include a notice in its customer bills, to send a notice to governing bodies within its service area, and to publish notice in legal newspapers and newspapers of general circulation. Each type of notice should be designed to alert people about a public meeting at least ten days before the first meeting occurs. over internet service. 4 Before sending them, Frontier should submit drafts of each type of notice for Commission approval. To facilitate this process, the Commission will authorize its Executive Secretary to approve customer notices, bill inserts, bill format, and any other communications required for this docket. D. Department Report and Responses Third, the Commission will ask the Department to file a report within 90 days of the last public hearing findings as of that time, and provide recommendations for further proceedings as appropriate. The Commission will also invite Frontier and interested parties to file responses to the report. In seeking this report, the Commission will rescind its earlier request for interested stakeholders to file a report by May 11. These three steps will advance the investigation of the customer complaints and provide a foundation for further Commission action as appropriate. ORDER 1. Under authority of Minnesota Statutes § 237.081, the Commission hereby initiates an investigation to determine whether and, if so, to what extent, Frontier Communications of Minnesota, Inc. and Citizens Telecommunications of MN, LLC (collectively, Frontier) are or have been in violation of any applicable customer service, service quality, or billing practice requirements or standards. These standards may arise from statute, rule, Alternative Form of Regulation Plans adopted under Minnesota Statutes §§ 237.76-237.775, or other sources. 2. Frontier shall promptly mail or e-mail a copy of this order to all municipalities, counties, and local governing authorities within its Minnesota service area. 3. The Commission refers this matter to Office of Administrative Hearings to convene public hearings to further inquire into the scope and nature of any violations, and to prepare a summary. The presiding officer shall organize between three and six hearings in at least three areas of the state, with only one hearing in the Twin Cities Metropolitan Area. 4. Frontier shall give notice of the public hearings as follows: 5 A. A written bill insert to each customer to be served at least ten days before the first public hearing. B. Written notice to the governing bodies of all municipalities, counties, and local governing authorities area, to be mailed or e-mailed at least ten days before the first public hearing. C. Display advertisements in legal newspapers and other newspapers of general circulation within Minnesota service area, to appear at least ten days before the first hearing. Before publishing or serving the notices described above, Frontier shall submit them for Commission approval. regulatory authority. 5. The Commission asks the Department to file a report within 90 days of the last public hearing on findings as of that time and recommendations for further proceedings. Frontier and other interested parties shall file a response no later than 30 . 6. The Commission rescinds its earlier request, set forth in its February 12, 2018 request for comments, that interested stakeholders file a report on this matter by May 11, 2018. 7. The Commission delegates to the Executive Secretary the authority to approve customer notices, bill inserts, bill format, and any other communications for the duration of this proceeding. 8. This order shall become effective immediately. BY ORDER OF THE COMMISSION Daniel P. Wolf Executive Secretary This document can be made available in alternative formats (e.g., large print or audio) by calling 651.296.0406 (voice). Persons with hearing loss or speech disabilities may call us through their preferred Telecommunications Relay Service. SolSmart: Helping Communities Go Solar The Clean Energy Resource Teams (CERTs) want to provide your city, county, or township with no-cost assistance to foster solar development and advance renewable energy. Learn how we can help! SolSmart Program Background SolSmart is a national solar designation program that recognizes cities, counties, and towns that foster development of mature local solar markets. To date, the SolSmart Program has helped more than 200 local governments nationwide achieve one of three designation levels (Gold, Silver, or Bronze). What is Offered Through the SolSmart Advisor Program, CERTs and its partners will work with participants to help review, revise, and amend permitting, planning, and zoning ordinances. These actions are part and parcel of the SolSmart designation process and lower barriers to solar development in your community while helping spur your local solar economy. Designation would be expected no later than spring 2019. How to Participate 1. CERTs is currently soliciting cities, counties, and townships interested in receiving no-cost technical assistance using the SolSmart Advisor Program. Contact Peter Lindstrom, Public Sector & Community Engagement Manager at 612-625-9634 or plindstr@umn.edu to learn more. 2. Complete and sign a letter of commitment and brief application (template and application found online here: https://www.cleanenergyresourceteams.org/solar/solsmart). 3. Commit and submit by June 1, 2018 to participate. Project Partners Clean Energy Resource Teams; Great Plains Institute; Metropolitan Council, Midwest Renewable Energy Association. SolSmart is funded by the U.S. Department of Energy and led by The Solar Foundation and the International City/County Management Association. Past SolSmart Successes Since its launch two years ago, 11 Minnesota communities has achieved SolSmart designation, the state with the fourth most participants in the nation, including: Austin (Silver); Chisago County (Silver); Duluth (Gold); Hutchinson (Bronze); Maplewood (Silver); Minneapolis (Gold); Red Wing (Silver); Rochester (Silver); St. Francis (Silver); St. Paul (Gold); Stearns County (Silver) Learn More Here: https://www.cleanenergyresourceteams.org/solar/solsmart