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HomeMy WebLinkAbout01.22.2020 Telecom Board PacketT E LE C OMMUN IC AT IO N S UT ILIT Y B O AR D OF T R US T E E S 3:30 P M J anuary 22, 2020 H arold E . G etty C ouncil C hambers Members Dave Buc k Anes a Kajtazovic R ic h Kurtenb ac h R and y P ilkington And rew Van F leet Roll Call. Approval of Agenda, as proposed or amended. Approval of Minutes. 1.Motio n ap p ro ving the minutes of S eptemb er 24, 2019, as p ro pos ed. Agenda Items. 2.Dis c us s io n o f new b o ard member applic ations . 3.Up d ate o n activity with Magellan Ad vis ors . 4.Dis c us s io n o f board and city s taff roles , and ho w to b uild and maintain momentum. 5.Dis c us s io n o f strategic d irectio n, p lans , and go als for the board . 6.Dis c us s and set sc hedule for regular b o ard meetings in 2020. AD J O UR N ME N T Kelley F elc hle C ity C lerk C ITY OF WATER LOO Council Communication Dis cus s sc hed ule fo r regular b o ard meetings in 2020. Telecommunications Utility B oard of Trustees Meeting: 1/22/2020 Prepared: S UB J E C T:Dis cus s sc hed ule fo r regular b o ard meetings in 2020. S ub mitted by:S ubmitted By: R ec o mmended Ac tio n: S ummary S tatement: Exp enditure R equired : S ource o f F und s : P olic y Issue: Alternative: Background I nformatio n: C ITY OF WATER LOO Council Communication Motio n ap p roving the minutes o f S eptemb er 24, 2019, as proposed. Telecommunications Utility B oard of Trustees Meeting: 1/22/2020 Prepared: 1/21/2020 ATTA C H M EN TS : Description Type M inutes of S eptember 24, 2019 B ackup M aterial S UB J E C T:Motio n approving the minutes o f S eptember 24, 2019, as proposed. S ub mitted by: R ec o mmended Ac tio n: S ummary S tatement: Exp enditure R equired : S ource o f F und s : P olic y Issue: Alternative: Background I nformatio n: TELECOMMUNICATIONS UTILITY BOARD OF TRUSTEES September 24, 2019 2:00 p.m. Harold E. Getty Council Chambers Board members present: Kajtazovic, Kurtenbach, Pilkington, Van Fleet. Absent: Buck. Sharon Juon, Council Liaison, was present for the meeting. Moved by Pilkington seconded by Kurtenbach that the Agenda, as proposed, be approved. Voice-vote Ayes: Four. Motion carried. Moved by Kurtenbach seconded by Pilkington to approve the minutes of August 14, 2019. Voice-vote Ayes: Four. Motion carried. Moved by Pilkington seconded by Kurtenbach to approve engagement of Magellan Advisors to perform a comprehensive community broadband feasibility study as per proposal, in an amount not to exceed $84,450, and authorize Board Chair and City Clerk to execute documents to formalize said engagement on terms satisfactory to said officers and to the Board's legal counsel. Voice-vote Ayes: Four. Motion carried. Mr. Kurtenbach requested an update on the legal and financial questions discussed at the last meeting. Chris Wendland, City Attorney’s Office, explained that he had follow up conversations with an attorney named Steve Nadel from the firm Ahlers and Cooney. Most communities that create a telecom utility already have a municipal electric company, which makes the transition to offering telecom services smoother from a funding perspective. As a result, it is recommended that the board work with the city to mutually enter into the agreement with Magellan Advisors. The city will reallocate bond funds to pay for the contract. Michelle Weidner, Chief Financial Officer, explained that many questions about entering into the agreement centered on funding. The city would take action on October 7, 2019 to reallocate bond funds to pay for the contract. She noted that the bond attorneys are comfortable with the city pursuing the joint agreement and utilizing bond funds to pay for the contract. Ms. Kajtazovic requested an overview of the timeline for the study. Michelle Weidner commented that the proposal states it will take approximately five months to complete the study. Mr. Van Fleet commented Magellan is invited to come to the council meeting to do a presentation. Moved by Kurtenbach seconded by Kajtazovic to recommend to the City of Waterloo that it jointly engage Magellan Advisors to perform the broadband feasibility study. Voice vote-Ayes: Four. Motion carried. Kelley Felchle, City Clerk, questioned if the committee would like to set another meeting date prior to adjourning. Mr. Van Fleet commented that he would like the board to set another meeting date. Mrs. Juon requested that the board members attend the council meeting to show support for approving the contract with Magellan Advisors. Michelle Weidner commented that she believes the contract will be on the agenda on October 7. She further stated that the bond reallocation is scheduled for October 7. More work may be needed on the contract, but stated she would notify the board if the approval needs to be pushed back to a later meeting. Mr. Kurtenbach requested verification of the timeline from Magellan Advisors. September 24, 2019 Page 3 Randy Pilkington commented that it would be good for them to build on the work done by Amperage Marketing. Kelley Felchle questioned if the board would like to set another meeting prior to adjourning. Mr. Kurtenbach recommended setting another meeting date to get updated information regarding the study prior to attending the city council meeting. Kelley Felchle commented that city council would receive a copy of Magellan Advisor’s proposal for review prior to voting on the agreement. She further questioned if the board would like to set another meeting date, possibly one month from now, while these steps are taking place at the city council. Mrs. Juon questioned if Mr. Kurtenbach wants another board meeting to review the timeline of the study prior to the agreement being voted on by council. Mr. Kurtenbach clarified that he wants to ensure that the timeline is still accurate. Michelle Weidner commented that staff will get in touch with Magellan to confirm the timeline and is not sure that requires another meeting, but, would get that information to the board so that they are comfortable prior to council voting on the agreement. Kelley Felchle questioned if the board would like to set a meeting for later in October. Mr. Van Fleet commented that a meeting later in October would be ideal. Mrs. Juon questioned if it is at the next meeting that the board would like Magellan Advisors present. Mr. Kurtenbach commented that it would be good to hear from them again. Mr. Van Fleet commented that he could reach out to them. Mr. Pilkington commented that it would be good to have Magellan Advisors present at the council meeting. Mrs. Juon commented that she agreed. Mr. Van Fleet commented that he would see if they could be present for the October 7 council meeting or participate via video conference. Mayor Hart questioned what the outcome of the votes was. Kelley Felchle commented that both motions passed. The next steps are for council to approve reallocating bond funds and approve the contract. Mayor Hart explained that it is important to continue moving forward with the study, noting that board members and city staff have helped to vet the company. Mrs. Juon asked Mayor Hart if he thinks it would be helpful to have Magellan Advisors present when the council votes on the agreement. Mayor Hart commented that it would depend on the company’s availability but will work to see what can be done to get council as much information as possible. He further stated that the company has worked with several Iowa communities and should be able to do the work. Mr. Van Fleet commented that he got the impression that it will be difficult for them to be physically present for the meeting. September 24, 2019 Page 3 With no further business before the board, it was moved by Pilkington seconded by Kurtenbach that the meeting be adjourned at 2:21 p.m. Voice-vote Ayes: Four. Motion carried. Kelley Felchle City Clerk C ITY OF WATER LOO Council Communication Dis cus s io n of new board memb er applic atio ns . Telecommunications Utility B oard of Trustees Meeting: 1/22/2020 Prepared: ATTA C H M EN TS : Description Type B oard Appointment R equirements B ackup M aterial S UB J E C T:Dis cus s ion of new board memb er applic atio ns . S ub mitted by:S ubmitted By: R ec o mmended Ac tio n: S ummary S tatement: T he board may dis c uss the potential applic ants . C ity c o d e (see attachment) req uires the Mayo r to rec o mmend an appointee to the c ity c o uncil fo r ap p ro val. Exp enditure R equired : S ource o f F und s : P olic y Issue: Alternative: Background I nformatio n: 1/21/2020 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=412 1/2 Chapter 16 TELECOMMUNICATIONS BOARD 2-16-1: BOARD CREATED: There is hereby created and established a telecommunications board to operate the city telecommunications utility. The title of the utility board shall be the board of trustees of the municipal telecommunications utility of the city (hereinafter "board of trustees"). (Ord. 4796, 12-12-2005) 2-16-2: MEMBERSHIP; APPOINTMENT OF MEMBER: A board of trustees of the telecommunications utility shall consist of five (5) members. All said trustees shall be appointed by the mayor with the approval of the council. (Ord. 4796, 12-12-2005) 2-16-3: QUALIFICATIONS OF MEMBERS: All of the members of the board of trustees shall be bona fide citizens and residents of the city, and shall be over the age of eighteen (18). (Ord. 4796, 12-12-2005) 2-16-4: TERM OF OFFICE: All appointments of the board of trustees shall be for six (6) years, except to fill vacancies. Each term shall commence on January 1. Said appointments shall be made for staggered six (6) year terms, except that the terms of trustees appointed to the initial board shall be as follows: one trustee shall be appointed for a term of six (6) years, expiring January 1, 2012; one trustee shall be appointed for a term of five (5) years, expiring January 1, 2011; one trustee shall be appointed for a term of four (4) years, expiring January 1, 2010; one trustee shall be appointed for a term of three (3) years, expiring January 1, 2009; and one trustee shall be appointed for a term of two (2) years, expiring January 1, 2008. All subsequent appointments shall be for a term of six (6) years. No member of the board shall serve more than two (2) consecutive terms and shall not be reappointed to a third term unless said member has not served on the board for a minimum of one year before reappointment, exceptthat a third term may be approved upon extraordinary circumstances and unavailability of qualified applicants. (Ord. 4796, 12-12-2005) 2-16-5: VACANCIES: The position of any trustee of the board of trustees shall be deemed vacant if he or she moves permanently from the city. Vacancies in the board shall be filled by appointment of the mayor, with the approval of the council, and the newly appointed trustee shall fill out the unexpired term for which the appointment is made. (Ord. 4796, 12-12-2005) 1/21/2020 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=412 2/2 2-16-6: POWERS AND DUTIES; GENERALLY: A. The board of trustees may exercise all powers of the city in relation to the communication utility, subject to chapter 388 of the Iowa Code as amended from time to time and subject to the following exceptions: 1. The board may not certify taxes to be levied, pass ordinances or amendments, or issue general obligation or special assessment bonds. 2. The title to all property of a city utility or combined utility system must be held in the name of the city, but the utility board has all the powers and authorities of the city with respect to the acquisition or disposition of such property, and the management, control and operation of the same, subject to the requirements, terms, covenants, conditions and provisions of any resolutions authorizing the issuance of revenue bonds, pledge orders, or other obligations which are payable from the revenues of the city utility or combined utility system, and which are then outstanding. 3. The board shall make to the council a detailed annual report, including a complete financial statement. 4. Immediately following a regular or special meeting of the board, the secretary shall prepare a condensed statement of the proceedings of the board and cause the statement to be published in a newspaper of general circulation in the city. The statement must include a list of all claims allowed, showing the name of the person or firm making the claim, the reason for the claim, and the amount of the claim. Salary claims must show the gross amount of the claim except that salaries paid to persons regularly employed by the utility for services regularly performed by them, must be published once annually showing the gross amount of the salary. 5. The city attorney shall be chief legal counsel for the board. 6. To facilitate public access to the activities of the board, the board shall hold its meetings and locate its administrativeoffices in city hall or such other space in city facilities as may be designated for such purposes by the city council. B. The board of trustees shall control revenues allocated to the communication utility and all monies derived from the operation of the utility, the sale of utility property, interest on investments, or from other sources related to the utility. All city utility monies received must be held in a separate utility fund, with a separate account or accounts for each utility. (Ord. 4796, 12-12-2005) C ITY OF WATER LOO Council Communication Up d ate o n ac tivity with Magellan Ad visors. Telecommunications Utility B oard of Trustees Meeting: 1/22/2020 Prepared: S UB J E C T:Up d ate on ac tivity with Magellan Ad visors . S ub mitted by:S ubmitted By: R ec o mmended Ac tio n: S ummary S tatement: Exp enditure R equired : S ource o f F und s : P olic y Issue: Alternative: Background I nformatio n: C ITY OF WATER LOO Council Communication Dis cus s io n of b o ard and c ity staff roles, and how to build and maintain mo mentum. Telecommunications Utility B oard of Trustees Meeting: 1/22/2020 Prepared: S UB J E C T:Dis cus s ion of b o ard and c ity staff roles, and how to build and maintain mo mentum. S ub mitted by:S ubmitted By: R ec o mmended Ac tio n: S ummary S tatement: Exp enditure R equired : S ource o f F und s : P olic y Issue: Alternative: Background I nformatio n: C ITY OF WATER LOO Council Communication Dis cus s io n of s trategic direc tion, p lans, and goals fo r the b o ard . Telecommunications Utility B oard of Trustees Meeting: 1/22/2020 Prepared: S UB J E C T:Dis cus s ion of s trategic direc tion, p lans, and goals fo r the b o ard . S ub mitted by:S ubmitted By: R ec o mmended Ac tio n: S ummary S tatement: Exp enditure R equired : S ource o f F und s : P olic y Issue: Alternative: Background I nformatio n: C ITY OF WATER LOO Council Communication Dis cus s and s et s c hed ule fo r regular b o ard meetings in 2020. Telecommunications Utility B oard of Trustees Meeting: 1/22/2020 Prepared: S UB J E C T:Dis cus s and s et s ched ule fo r regular b o ard meetings in 2020. S ub mitted by:S ubmitted By: R ec o mmended Ac tio n: S ummary S tatement: Exp enditure R equired : S ource o f F und s : P olic y Issue: Alternative: Background I nformatio n: