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HomeMy WebLinkAbout03.08.2023_telecommunications_minutes Docusign Envelope ID:2A30263C-7848-4AB8-8226-698A6E01BB8F TELECOMMUNICATIONS UTILITY BOARD OF TRUSTEES Harold E. Getty Council Chambers City Hall March 8, 2023 4:00 p.m. Members present: Batemon, 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. Approval 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. Resolution approvingpreliminM plans, specifications, form of contract, etc., setting date of bid opening as April 27, 2023, and date of public hearingas s May 17, 2023, in conjunction with the FY2023 Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone Network Project, Contract No. 1080, and direct the City Clerk to publish notice. Moved by Young seconded by Van Fleet. Roll call-vote Ayes: Four. Motion carried. Assigned Resolution No. 2023-001. Courtney Violette, Magellan Advisors, provided an overview of the agenda item. Mr. Kurtenbach commented that he had sent several questions to Magellan Advisors and staff and asked if those had all been addressed. Questions included whether this project was covered under Davis-Bacon Act, contract registration lists, 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, explained that if the Middle Mile Grant is awarded the portion of the project that applies to the grant would be pulled out as a separate project as Davis-Bacon Act would apply. Mr. Young asked that the email with questions could be read so that it can be included in the record. Courtney Violette reviewed the questions and responses from the referenced email. Steve Nadel, Board Attorney, reviewed the procedural processes. He commented that the bid letting will be managed by the city on behalf of both the city's backbone and this board's fiber 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 there is continuity between those that build the project and those that run the system. Courtney Violette explained that there will be a 24-month overlap between contractors 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 Agreement with Ahlers and Cooney, in conjunction with not to exceed$60,000,000 Communications Utility Revenue Capital Loan Notes and Taxable Communications Utility Revenue Capital Loan Notes for working capital, and authorize the execution of said document. Docusign Envelope ID:2A30263C-7848-4AB8-8226-698A6E01BB8F Page 2 Moved by Young seconded by Van Fleet. Roll call-vote Ayes: Four. Motion carried. Assigned Resolution No. 2023-002 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 staff in the fall, he has not been sending the invoices for billing 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 $60,000,000 Communications Utility Revenue Capital Loan Notes of the City of Waterloo, State of Iowa, and providing for publication of notice thereof. Moved by Young seconded by Batemon. Roll call-vote Ayes: Four. Motion carried. Assigned Resolution No. 2023-003. Maggie Burger, Speer Financial,provided an overview of the agenda item. Steve Nadel, Board Attorney,provided additional clarifying comments. 5. Resolution adopting rules for public speaking. Kelley Felchle, City Clerk, reviewed the need to adopt rules on how the public can participate and clarified that the public would only be able to participate during public hearings. She explained that these rules are based off what the City Council utilizes, which should minimize confusion by the public and will also provide order for this board's meetings should someone from the public show up. Moved by Kurtenbach seconded by Van Fleet. Roll call-vote Ayes: Four. Motion carried. Assigned Resolution No. 2023-004. 6. General update from consultants and board member comments. Courtney Violette, 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. Maggie Burger, Speer Financial, explained they are wrapping up their work on the participant packets that will be distributed to various financial institutions so they will have plenty of time to review and provide their commitment prior to you having to award. They will also be working with Magellan to establish a working capital and look at what those needs will be over the next twelve to eighteen months. The working capital is what will be used to begin doing hiring as well as marketing. Jamie Knutson, City Engineer, reminder the board that in the next sixty days when fiber goes into the ground, many phone calls will start coming in with folks wondering what is going on and wants the board to be ready to handle those comments. Docusign Envelope ID:2A30263C-7848-4AB8-8226-698A6E01BB8F Page 3 Rob Nichols questioned if it would be possible to coordinate with Public Relations to get the word out. Courtney Violette explained that the marketing plan includes timelines, different 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 can refer to, as they are fielding questions. Courtney Violette confirmed. Chris Wendland 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 Waterloo Water Works, introduced himself and shared that the Waterloo Water Works already does billing for the city, so there has been conversation about adding the telecom utility to that bill. He understands that the utility bill 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 put 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 Works for staff when needed. Mr. Van Fleet questioned how the interactions should be with the bidders in the event 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 in any kind of discussion with bidders as this is a sealed 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: Four. Motion carried. DocuSigned by: E �� F44M A826C 1 EE09AB44F... Kelley Felchle Interim Board Secretary