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HomeMy WebLinkAbout3/08/2023 - Telecommunications Minutes*** Proof of Publication *** State of Iowa Black Hawk County Waterloo, City of - Legals EMILY GRAHAM 715 MULBERRY ST. WATERLOO IA 50703 ORDER NUMBER 222234 The undersigned, being duly sworn, on oath, do depose and say that I am an authorized employee of the Waterloo Cedar Falls Courier, that The Waterloo Cedar Falls Courier is a weekly newspaper regularly published and printed in the English language in the City of Waterloo, Black Hawk County, Iowa, and has a general circulation in the said city and county; and that I personally know that the notice, a true copy of which is hereto affixed, was published in the Waterloo Cedar Falls Courier on the following days, to -wit: Section: Legals Category: 950 Legal Notice PUBLISHED ON: 03/20/2023 TOTAL AD COST: FILED ON: 165.11 3/20/2023 That the issues of said paper containing said notice were duly circulated in the regular manner. Notary Publ.k'in and for Said County Ate' s ANNE FOX "- Commission Number 807163 owp ' My Commission Expires October 24, 2023 * * * Proof of Publication *** TELECOMMUNICATIONS UTILITY BOARD OF TRUSTEES Harold E. Getty Council Chambers City Hall March 8, 2023 4:00 p.m. Members present Betemon, Kurtenbach, Young, Van Fleet, and Council Liaison Rob Nichols. Mr. Batemon joined via Zoom and Mr. Van Fleet joined via telephone. Moved by Young seconded by Van Fleet that the Agenda, as proposed, be approved. Voice -vote Ayes: Four. Motion carried. 1. Averts/al of Minutes Moved by Van Fleet seconded by Young that the minutes of February 22, 2023, as proposed. be approved. Voice -vote Ayes: Four. Motion carried. 2. ResohRion aoomvino orel'minary o10 , s0e018Cdtr0ns. form of contract etc. setting date of bid opening as April 27 2923 and date of public hearing as Mari 17. 2023 in coniuncllon with the FY2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Net- work Proiect. Contract No. 1080 and direct the City Cleric to publish notice Moved by Young seconded by Van Fleet. Roll cal -vote Ayes: Four. Motion carved. Courtney Violette. Magellan Advisors. provided an overview of the agenda tem. Mr. Kurtenbach commented that he had sent several questions to Magellan Advisors and staff and asked if those had all been addressed. Ouestions included whether this project was covered under Davis -Bacon Act, contract registration fists, and liquidated damages. Jamie Knutson, City Engineer, explained that Davis -Bacon is not required on any of this. He confirmed that the contract registration list was also addressed. Maggie Burger, Speer Financial. ex- plained that if Me Middle Mile Grant is awarded the portion of the project that apples to the grant would be pulled out as a separate project as Davis -Bacon Ad would apply. Mr. Young asked that the email wth questions could be read so that it can be included in the record. Courtney Vedette reviewed the questions and responses from the referenced mat. Steve Nadel, Board Attorney, reviewed the procedural processes. He commented that the bid letting wit be managed bbyy the city on behalf of both the city's backbone and this board's finer distribution for convenience and cost efficiency. He explained which steps would be handled by this board which are legally required. Mr. Van Fleet questioned what type of knowledge transfer can be anticipated between the contractor and the city so that Mere is continuity between those that build the project and those that run the system Courtney Vidette explained that there wit be a 24-month overlap between contrac- tors and staff as the telecom will be working to hire staff, starting with the director in the next several months. The other component for knowledge transfer will be the interface partners such as CFU, for various types of staff within your team. 3. Resolution approving a Bond Counsel Engagement Aoreement with Ahlers and Coonev. in conjunction with not to exceed $80 000.000 Communications Utility Rev- enge Capital Loan Notes and Temple C_mmunaetnns Utikty Revenue C .eta I can Notes for working capital apd authorize the execution of said document Moved by Young seconded by Van Fleet. Roll call -vote Ayes: Four. Motion carted. Steve Nadel, Board Attorney, provided an overview of the engagement agreement. Mr. Van Fleet questioned how the board has been compensating attorneys to date. Steve Nadel explained that through discussion with stall in the dal, he has not been sending the invoices for biting as the telecom does not currently have cash flow. Once cash flow occurs in the form of bonds, invoices for the telecom will be sent. Mr. Van Fleet requested estimated billing costs be sent so the board has an idea of what to expect. Steve Nadel confirmed that he would send estimates of billing. 4. Resolution fixing date for a meeting on March 22 2023 the authorization of a loan agreement and the issuance of not to exceed S80 000.000 Communications Utility Revenue Capital Loan Notes of the City of Waterloo. State of Iowa and nrwirinn Mr nAlir t nn of nohow theronf *** Proof of Publication *** Moved by Young seconded by Batemon. Roil call -vote Ayes: Four. Motion carried. Maggie Burger, Speer Financial, provided an overview of the agenda item. Steve Nadel, Bowl Attorney- provided additional clarifying comments. 5. Resolution adoolino miles for public sneaking. Kelley Felchle, City Clerk, reviewed the need to adopt rules on how the public can participate and aclarified that the public only participate during public hearings. She etaolaned that these roles are based off what the City Council utilizes, which should minimize confusion by the public and wit also provide order for this board's meetings should someone from the public show lip. Moved by Kurtenbach seconded by Van Fleet Roll call -vote Ayes: Four. Motion named. 6. General update from consultants and board member comments Courtney Volelte. Magellan Advisors, provided an update on their current projects and priorities Steve Nadel, Attorney for Board, provided a review of his role in the various steps of the process. Maggle Burger, Speer Financial, ex- plained they are wrapping t4 their work on the participant packets that will be distributed to various faranctal institutions so they will have plenty of tine to review and provide their commitment prior to you having to award. They will also be working with Magadan to establish a working capital and look at what those needs wil be over the nett twehre to eighteen months. The working capital is what will be used to begin doing Nring as well as marketing. Jamie Knutson, City Engineer, reminder the board that in the red sixty days when fiber goes into the ground, many phone calls will start coning in with folks wondering what is going on and wants the board to be ready to handle those comments. Rob Nichols questioned if it would be possible to coodkrate with Public Rela- tions to get the word out. Courtney Yalette explained that the marketing plan includes timelines, differ- ent types of marketing execution, website, social media presence, logos, branding, etc. The goal is to have a presence within the next 30 days. Mr. Kurtenbach questioned if that is something staff con refer to, as they are fielding questions. Courtney Videlte confirmed. Chris Wendlard explained that the board needs to appoint a board secretary to sign documents. He recommended that the board make an interim appointment today then take formal action at the next meeting. Mr. Young made a motion, seconded by Mr. Batemon to appoint Kelley Felchle as Interim Board Secretary. Voice -vote: Ayes: Four. Motion carried. Chad Coon, General Manager for Water- loo Water Works, introduced himself and shared that the Waterloo Water Works already does billing for the city, so mere has been conversation about adding the telecom utility to that bat. He understands that the utility bit would need to be done monthly, which Is different from what they are currently doing, but they are working towards that goal. If this were something the board is interested in, a 28E Agreement would need to be pat in place. Mr. Kurtenbach questioned who would take the lead on getting the 28E Agreement lined up. Randy Bennett, Public Works Division Manager, explained that there is available space at Public Worts for staff when needed. Mr. Van Fleet questioned how the interedlons should be with the bidders in the ever they reach out to a board member. Courtney Violette explained that the bid documents explain that any questions regarding the bid process are to be directed to the City Clerk. Steve Nadel explained that the board members should not engage to any kind of discussion with bidders as this is a seated bid process. With no further business before the board, it was moved by Young seconded by Van Fleet that the meeting be adjourned at 4:55 p.m. Voice -vote Ayes: *** Proof of Publication *** roar. motion cameo. Kelley Felchle Interim Board Secretary