HomeMy WebLinkAbout1983 CABLEVISION COMMISSION MINUTES
December 1, 1983
7:00 p.m.
Waterloo Cablevision, 4010 Alexandria Drive
Members present: Butz, Davis, Scheurs, Siems, Stewart, and White.
Also present: Martin Baedke, Barbara Applegate, Larry P. Burger,
Tom Leonard, and Michelle Temeyer.
It was moved by Stewart, seconded by Siems that the minutes of
November 3, 1983 be approved. Motion carried.
The agenda was amended to delete Item 3 (Report of City Attorney
on Franchise Agreement) and include under business items the
Report of Sally Turner on Progress of Waterloo Community Schools
on Cable Usage.
Sally Turner reported on the Cable TV Programming on Channel 7 by
the Waterloo Community Schools. A listing of daily programming
was distributed including: school board meetings, calendar of
school activities, lunch menus, school announcements, and
weekly thirty minute programs beginning January 12. Through-
out the development process, she reported excellent cooperation
with the Cable Company. In the future, the schools will be
employing the assistance of interns from the University of
Northern Iowa. AEA-7 may be contacted in the future for
joint programming.
Martin Baedke, Manager of the Waterloo Cablevision Company,
presented "Operating Rules for Use of Access Channel" and
answered questions regarding use of Channel 7. Tam Leonard,
Manager of Local Origination, also explained the public's use
of the channel. Mr. Leonard will be working with the Chamber
of Commerce to produce additional fifteen (15) minute segments
entitled "Waterloo in Focus." The Chamber of Commerce will be
invited to attend the next Commission meeting. It was suggested
that Jack Seeber, First Ward Councilman Elect, be contacted for
labor's potential use of local access.
The following proposals were presented by Fred Stewart for
revisions to Section 10 of Ordinance No. 2949:
The management of Waterloo Cablevision shall provide
the commission with written descriptions of all
locally produced and remotely produced programs
presently available to subscribers.
The management of Waterloo Cablevision shall regularly
advise the commission in writing of all requests for
access made by eligible individuals, groups, agencies
or others.
The management of Waterloo Cablevision shall regularly
update the commission regarding the status of local
production equipment, staff and efforts.
The management of Waterloo Cablevision shall assist
the commission in its effort to educate its members
relative to present and future programming capabilities
of cable television systems.
It was suggested that other cities' commissioners be invited
to attend a future meeting for a "sharing session." A
Planning Subcommittee will consist of Fred Stewart, Jeannie
Siems, and Mike Scheurs.
CABLEVIS ION MINUTES
PAGE 2
In other business, N . Scheurs reported that Fred Stewart
and Harold Getty will be appointed to the Commission for
another three (3) year term to expire December, 1986.
Barbara Applegate apologized for the cover of the December,
1983 Cable Magazine, of which the local company has no
responsibility. She also informed the Commission of
"Heartline," an informational program on heart disease,
to be aired Tuesday, December 7, 1983.
The January tentative agenda will be as follows:
1. Presentation by Barbara Applegate and Martin Baedke
2. Chamber of Commerce Representative
3. Ordinance Review (time permitting)
4. Report of Planning Subcommittee
5. Review of Operational Rules for Use of Access Channel
With no further business before the Commission, the meeting
was adjourned.
Michelle Temeyer
Deputy City Clerk/Auditor
CABLEVISION COMMISSION MINUTES
November 3, 1983
4:00 p.m.
Mayor's Conference Room
Members present: Butz, Davis, Lockard, Scheurs, Stewart & Siems.
Others present: Donna Lesyshen, Larry P. Burger, Barbara Applegate,
Martin Baedke and Michelle Temeyer.
Barbara Applegate and Martin Baedke (representatives of Waterloo
Cablevision) each made presentations with the former explaining SPN
(Satellite Program Network). A subscriber information kit will also
be available in December. Mr. Baedke reported that his company is
continuing the crack down on illegal cable hookups. The auditing
process has also allowed for better quality control .
Amy Lockard now present.
With the presence of a quorum, Chairman Scheures called the meeting
to order. It was moved by Siems, seconded by Butz that the minutes
of September 1, 1983 be approved. Motion carried.
The agenda was amended by deleting items 2 and 4 under Business Items
and adding a report from Fred Stewart under Business Items pertaining
to suggestions for amendments to Sec. 10 of Ordinance No. 2949.
Assistant City Attorney Lesyshen reported on the City's franchise
agreement with the cable operators. In essense, the cable Ordinance
(known as Ordinance No. 2949) is a bilateral agreement and is the
"contract" between said parties. Any amendment of the Ordinance must
be by mutual consent. Should the ordinance be in conflict with
federal law, the latter would prevail .
Federal legislation pertaining to local control of cable operators
(known as HR 1155 and HR 1388) still has not been approved. Should
the law be passed, the law would not become effective until after
Labor Day, 1984.
Fred Stewart presented several amendments to Sec. 10 of Ordinance No.
2949 pertaining to the Cable Commission. They will be discussed
more thoroughly at the next meeting.
In response to a question from Mr. Butz, Clerk/Auditor Larry P.
Burger reported that the idea of a part-time staff person and office
space had been placed on hold until such time as the Commission's
goals are more closely established.
Martin Baedke and Barbara Applegate consented to a presentation at
the next meeting pertaining to local origination programming.
The next meeting of the Commission will be on December 1, 1983 at
7:00 p.m. at the Waterloo Cablevision, 4010 Alexandria Drive. The
Commission will be reviewing Section 11-20 of Ordinance No. 2949 at
this meeting.
Roger Butz reported that upon expiration of his term of office
(December 1983) he will ask not to be reappointed. The term of Fred
Stewart will expire at the same time; he requested continuation on
the Commission.
With no further business before the Commission, the meeting was
adjourned.
Michelle Temeyer
Deputy City Clerk/Auditor
Cablevision Commission Minutes
September 1, 1983
4:00 p.m.
Members present: Schreurs, Siems, Stewart, Rogers, Butz, White.
Also present: Baedke, Applegate, Donna Lesyshen and Michelle
Temeyer.
Moved by Schreurs, seconded by Butz that the Agenda for the
September 1, 1983 meeting approved. Motion carried.
It was moved by Siems, seconded by Schreurs that the Minutes of
August 4, 1983 be approved except for the word "pages" should be
changed to "sections" in the second paragraph. Motion carried.
The report of the nominating committee was heard. Chairman Butz
recommended the appointment of co-chairman, with co-chairman being
Jeannie Siems and Mike Schreurs, both agreeing to this arrangement
with shared responsibilities.
Mr. Schreurs will chair each meeting; however, if he is not present
Mrs. Siems will take the chair. It was moved by White, seconded by
Rogers to accept the report of the nominating committee. Motion
carried.
Rogers indicated that this arrangement does not affect the
Commissions 's by-laws.
Mr. Schreurs is now in the chair. He briefly outlined the goals
of the Commission including communication between the Commission and
the Mayor and Council . The Commission agendas will reflect the needs
of the Commission as well as the Mayor and Council .
The Assistant City Attorney reported that no communication had been
received from Swisher and Court regarding the City's franchise
agreement with the Waterloo Cablevision.
The issue of ordinance review was brought to the floor for
disscussion. The Assistant City Attorney recommended that the
Commission should only consider changing those portions of the
ordinance that the Commission felt they should address, rather
than changing the ordinance for the sake of change. She also
suggested that the commission wait for passage of federal legislation
relating to local control of cable tv.
Sections 1-10 were then reviewed with minor changes discussed.
Waterloo Cablevision then reported their willingness to present a 5
minute report at each Commission meeting on subjects suggested by the
Commission members.
Fred Stewart reported that he will ask the Waterloo Schools about
current use of cable communications.
The next Cablevision meeting will include review of Ordinance No.
2949, Section 11-20.
Barbara Applegate reported that September 16-19, 1983, cable users
will be given a free showing of the Disney Station.
The next meeting of the Commission will be scheduled for October 6,
1983.
With no further business before the Committee, the meeting was
adjourned.
Michelle Temeyer
Deputy Clerk/Auditor
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CABLEVISION MEETING
Joint Meeting
Cablevision Commission Members
Mayor and Council Members
July 21, 1983
7:00 p.m.
Mayor's Conference Room
Present: Mayor Leo P. Rooff, Councilmen Bowers, Dowie, Getty, Roehr,
Penaluna and Wilharm. Commission Members: Butz, Davis, Rogers,
Schreurs, Stewart and White. Others: Martin Baedke & Barbara
Applegate (Waterloo Cablevision Co. ) and A. Temeyer.
Councilman Getty called the meeting to order.
It was moved by Rogers, seconded by Butz that the agenda , as
proposed, be approved. Motion carried.
Mayor Rooff discussed his ideas on the Commission 's duties. He felt
that it was his and the Council 's responsibility to deal with the
political arena. He discussed the process by which the current
ordinance regulating Cable TV was developed. Said ordinance
authorizes the Commission to perform in a limited manner. Should the
Commission desire to perform other than specified by the Ordinance,
he stated that an ordinance change could be initiated or members
could resign their position.
Mr. Schreurs specifically asked what the Mayor and Council thought
the Commission's role was. He stated that the commission had not
dealt with anything of substance.
Mayor Rooff reported that in selecting Commission members, he sought
a cross-section of the community, as well as individuals able to take
a new idea and develope it to the community's advantage.
Councilman Getty stated that because Cable TV is so new to the
community, roles are difficult to define.
Councilman Penaluna stated that there has been constant friction
between the Commission & Company, and little is done to remedy this
situation.
Mayor Rooff indicated that perhaps this meeting, as well as the
management change at Waterloo Cablevision, will work to improve
relations.
The Mayor reported that his office has received calls from the public
regarding service difficulties. His office routinely refers them to
Waterloo Cablevision where they are properly handled. The
Commission 's responsibility is not to handle these routine
occurrances.
White inquired as to whether Commission members must reside in
Waterloo. The Mayor reported that the Ordinance has been interpreted
to include persons living in Waterloo or doing business in the
City.
Councilman Bowers stressed the importance of communication between
all parties.
The purpose of hiring a consultant was discussed. The Mayor reported
that the refusal of the Council to approve the expenditures was due
in part to the Council 's misinterpretation of why the Commission
wanted an outside opinion. Had the Council been told that the
consultant would provide an expert opinion in relationship to cable
trends, etc. , their decision may have been different.
WATERLOO CABLEVISION MEETING
Waterloo Public Library
May 26, 1983
Meeting of Cablevision Commission at the Waterloo Public Library,
Thursday, May 26, 1983.
The Allan McDonald Group from Alabama was present to answer any
questions the Commission might have in regards to the cable service
of Waterloo.
Following the question and answer time with Allan McDonald Group, the
Commission met as a committee to discussion the approval or
disapproval of the meeting with McDonald.
Fred Stewart mentioned that he did not agree with Allan McDonald, but
was at least happy with the communication finally starting. He is
concerned about the consumer/tax payer ending up paying the new rate
increase if and when the eduacational channel is installed. '
Several members agreed that the Group skirted the issues and did not
answer the questions directly.
It was also discussed that the Commission was disappointed with the
City Attorney and City Clerk for not getting back to the Commission
as to the Committee's role. It was felt that the commission was
only a monitoring agent--receive complaints, send them to the City
Attorney, and nothing get done about them.
Several members reported that they thought being on this commission
was a waste of time, because they did not know what their role was,
no backing from Council .
It was discussed that the Committee felt it was not a good idea for
the Mayor to have met with McDonald 1 hour before the Commission was
to meet with the group. They felt the Mayor had smoothed everything
over and that there was really no problem.
Harold Getty is going to get a meeting arranged between the Council
and Cablevision Commission.
Donna Van Horn
for
Larry P. Burger
City Clerk/Auditor
Page Two
Cablevision
July 21, 1983
It was reported that the Commission operates without by-laws.
Suggestions for the next meeting agenda of August 4, 1983, were as
follows:
1) Evaluation of member's attendance
2) Ordinance review
3) Election of a Vice Chairman
The Commission was encouraged to use the services of the City's Legal
Department. A full-time assistant has been hired.
With no further business before the joint membership, the meeting was
adjourned.
Michelle Temeyer
Deputy City/Clerk
CABLEVISION COMMISSION
February 17, 1983
4:00 p.m.
Mayor's Conference Room
Chairman Hall called the meeting to order.
Members present: Hall , Burton, Rogers, Stewart, Schreurs, White,
Michelle Temeyer, Siems, Welton, Davis, Hurd and Burger, Clerk of
Commission.
Hall reported his discussion with the City Attorney and Council
on the rate increase. He stated that it is the opinion of the City
Attorney that the City Council has no authority over the recent rate
increase of Cablevision. Hall reported that the City of Cedar
Falls has taken additional steps to stop the increase and that he
would be watching their progress closely.
Moved by Burton, seconded by Stewart to approve the minutes as
submitted.
Burton stated that due to a personality conflict with Bill Smith,
Manager of the Waterloo Cablevision, he will be replaced as the
council 's representative to the Commission. Burton continued that he
has enjoyed serving on the Commission.
Hall explained to the Commission that the Council had tabled the
proposal to reduce the number of members necessary for quorum for
the Cable Commission to three. Hall continued that he would like to
see the commission members make more of an effort to be present at
the meetings.
Hall stated that he would like to get clarification on certain parts
of the ordinance from Waterloo Cablevision.
Section 7: A clarification on what rates the City Council can
regulate and ask for a copy of Waterloo Cablevision' s
books for review.
Section 21: Waterloo Cablevision has added channels and
programming in the past without first obtaining
approval from the City. This would conflict with this
section.
Section 24B: The Commision will request a free interconnection
installation and service to public primary and
secondary schools located with the City.
Section 24C: The Commission would ask to be supplied one channel
for government, educational and public access at this
time.
Section 24D: The Commission would like an update on the status of
how many schools and public buildings have been
connected to cable.
Section 25: The Commission would like to review all records
relevant to the company's appropriations.
Section 28: The Commission would like to review the hiring
practices according to affirmative action guidelines.
Cablevision Minutes Page Two
Section 35: If Cablevision would not comply with any part of the
requests, then the Commission would ask the City Council
to assess liquidated damages of $500 per day.
Section 36: The Commission would ask the City Attorney for an
opinion of any conflicts with FCC rules under this
section.
Moved by Stewart, seconded by Siems that Waterloo Cablevision comply
with Sections 7 , 21 , 24B, 24C, 24D, 25, and 28; as reviewed above and
that the City Attorney request Waterloo Cablevision to suspend the
collection of the recent rate increase until a determination can be
made on the definition of pay T.V. Be it further moved that the
Cable Commission request the City Council hire a consultant to look
over the needs of the community and the restructuring of the Cable
Ordinance.
Before the vote was taken the following amendment was offered:
Moved by Stewart, seconded by White that the above motion be drawn up
into a letter form by the Chairman and the Clerk of the Commission
and mailed to the Commission members for their approval . Motion
carried.
A vote was then taken on the original motion. Motion carried.
Chairman Hall called for any additional business. There was none.
Meeting adjourned.
Larry P. Burger, City Clerk/Auditor
CABLEVISION COMMISSION MINUTES
January 6, 1983
3:30 p.m.
Members Present: Burton, Hall , Schreurs, Siems, Stewart, White
Also Present: Burger, Tom Hurd and Michelle Temeyer
After clarification of paragraphs 2 & 4 of the December meeting, it
was moved by Stewart, seconded by Siems to approve the minutes.
Motion carried.
In reviewing complaints, Chairman Hall reported that Ron Dixon's
complaint was being taken to court; therefore, no discussion would be
necessary. The concern of Hawkeye Institute of Technology on being
hooked up has not yet been received by the Commission. After
discussion, it was decided that Commissioners could file complaints
in the same manner that private citizens may. In response to this,
Siems reported her dissatisfaction with the rolling of shows on
Channel 7. Chairman Hall reported that Bill Smith had indicated that
a magazine would soon be published as to time and date of airing.
Mike Schreurs suggested that a review be made of progress of the
company's commmitments since the beginning of its franchise. Other
than Ordinance No. 2449, An Ordinance regulating Cable TV, no written
documentation exists as to commitments. Councilman Burton reported
on a meeting he had with the Vice President of the Company on
December 13, 1982, relating to progress to date of the company. In
February, this Vice President would like to meet with the Commission
to discuss these matters in detail . If a consultant would be hired,
a major task would he to clarify the intent of the ordinance.
The report of the Budget Committee was heard. Councilman Burton
suggested that the original request of $32,000 be reduced to $8,000 -
$10,000. This would eliminate the hiring of a part-time staff
person. Fred Stuart and Jeannie Siems questioned the reduction in
light of the revenue received by the City from the franchise fee
(approximately $78,000/yr). The implementation of an interconnect
within the schools was thought to be a primary goal of the Commission
and would require funding. The approximate fee for the consultants
would be $8,000, with half of this amount being paid from the FY 1983
Operating Budget (current year) remaining funds. Discussion was
heard relating to the Commission's goals and need for funds. Prior
to a request for monies, specific goals would need to be outlined.
Larry Burger outlined the FY 1984 budget review process. The Mayor's
Citizens Review Committee and City Council reviews all requests.
After considerable discussion, it was moved by Stewart, seconded by
White that the FY 1984 Cable Commission budget consist of a line item
request of $9,000. Ayes: Hall , Schreurs, Stewart, White. Nayes :
Siems. Abstention: Burton. Motion carried.
Chairman Hall reported that the City Attorney's Office was asked for
an opinion as to how the quorem requirements for the Commission could
be lowered. In response, his advise was that a simple change in
Ordinance No. 2449 to allow a quorem of three by the City Council
could be accomodated. It was moved by Stewart, seconded by Schreurs
to instruct the City Attorney to initiate the change as referred to
in his letter of January 4, 1983 to the Cable TV Commission. Motion
carried.
Page Two
Cable Minutes
Under membership, Jeannie Siems and Tom Hurd will be appointed to the
Commission on January 10, 1983 by the Waterloo City Council . All
vacancies and term extentions will be made following this council
action.
Discussion was heard on the hiring of Marc Chimes as the Commission
consultant. It was moved by Stuart, seconded by Siems to proceed
with the hiring of Marc Chimes, of New Orleans, Louisiana, at a cost
of approximately $8,000, plus travel expenses. Prior to a vote on
this matter, discussion was heard regarding the possibility of
reviewing other consultants and their qualifications. With the
consent of the seconder, Stewart withdrew his motion. It was moved
by Stewart, seconded by Siems to empower the Chairman to investigate
the hiring of a consultant, following his careful review and
consideration, with a recommendation to be presented to the Finance
Committee for their review and approval . Motion carried.
With no further business before the commission, the meeting was
adjourned.
Michelle Temeyer, Deputy City Clerk