08-04-2011 SWC MINMinutes of the Sherburne/Wright County Cable Commission
Thursday, August 4, 201 I, I:00 p.m.
Maple Lake City Hall
Present: Acting Chair Cathy Shuman, Commissioners: Don Levens, Nancy Carswell, Mert
Auger, Linda Hruby, Lori Kampa, Luke Fischer, and Tina Allard
Absent: Chair Myles McGrath, Commissioner Phil Kern, and Video Production Coordinator
Mark Davis
Also present: Technology Consultant Bill Bruce, Attorney Bob Vose, and Ciry Clerk Gina Wolbeck
Call to Order
Acting Chair Shuman called the meeting to order at 1:00 p.m.
2. A~oroval of Minutes-Mav 5 X011
The minutes were accepted as provided.
3. Treasurer's Report
a. Financial Statements
MOVED BY COMMISSIONER LEVENS AND SECONDED BY
COMMISSIONER HRUBY TO APPROVE THE FINANICAL
STATEMENTS AS PRESENTED. MOTION CARRIED 7-0.
Lori Kampa and Gina Wolbeck arrived at 1:05 p.m.
5. Equipment Report
a. Re ort
b. Live Streaming Capability Update
Attorney Vose arrived at 1:06 p.m.
Mr. Bruce discussed equipment as outlined in his staff report.
MOVED BY COMMISSIONER CARSWELL AND SECONDED BY
COMISSIONER LEVENS TO APPROVE $19,797 IN EQUIPMENT
EXPENSES AS OUTLINED IN THE STAFF REPORT. MOTION
CARRIED 8-0.
6. Programming Report
Mr. Brace presented Mr. Davis's staff report.
Mr. Fischer asked if copies of the mock car crash could be distributed to the other cities. Mr.
Brace would check with Mr. Davis.
Commissioner Carswell asked if volunteers were also doing some editing work. Mr. Bruce
stated they have been assisting on smaller packages.
Acting Chair Shuman suggested creating a volunteer recruitment video.
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Commission Business
b. Franchise Agreement MonticellolTDS ridgewater Telephone]
Jean Pauk, with Bridgewater/TDS, introduced herself and stated TDS is requesting a
franchise agreement with the City of Monticello.
Attorney Vose explained the role of the commission is to review the agreement and make
any comments. He stated the commission doesn't have to approve the agreement as they
don't have veto power over the city.
Attorney Vose discussed language in the agreement along with termination rights.
Ms. Pauk stated it is their intent to enter the franchise agreement fox IPTV services rather
than cable type services and they are willing to do this under the franchise agreement.
Chair Shuman stated language in the agreement has payment going to the City of
Monticello. She stated the city would then submit the payment to the commission.
The Commission consensus was they were okay with this arrangement.
MOVED BY COMMISSIONER LEVENS AND SECONDED BY
COMMISSIONER KAMPA TO ACCEPT THE COMMENTS FROM
ATTORNEY VOSE REGARDING THE AGREEMENT. MOTION CARRIED
8-0.
4. Attomev's Report
a. U dates
Attorney Vose provided an update of legislative happenings regarding the cable and
telephone statutes. He stated the phone statute has a provision that gives cities authority
to get into the phone business via a referendum approved by a supermajority. He stated
the League of Minnesota Cities is proposing changes because the supermajority vote
language is prohibitive to cities. Attorney Vose further stated the Minnesota Municipal
Utilities Association and county associations are asking him to propose some changes to
the legislation because it is unclear whether counties have referendum authority and many
counties are considering offering phone service in partnership with cities.
Attorney Vose also discussed an FCC Notice of Inquiry recently sent out which says the
FCC is taking an interest in whether they have a role regarding phone companies in right-
of-ways. He noted the groups who would be Filing comments. The comments relate to
Minnesota's current law which works well and was lobbied for by the phone companies.
Comments also included remarks about zoning requests related to siting of wireless
telecommunications equipment and co-locations within the 60 day rule.
b. Windstream Avreements
Attorney Vose discussed the settlement worked out with Windstream and noted
Windstream agreed to pay $60,000 for two bonds: $50,000 in Big Lake and $10,000 in
Maple Lake.
MOVED BY COMMISSIONER AUGER AND SECONDED BY COMMISSIONER
CARSWELL TO APPROVE THE TWO SETTLEMENT AGREEMENTS AND
RELEASES WITH WINDSTREAM. MOTION CARRIED 8-0.
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Commission Business
a. Charter Communications Representative
There was discussion on who the Charter representative is to the Commission. It was
noted that it may be Tom Ordwell.
c. Liability Waiver Limits
Commissioner Auger discussed liability waiver limits
MOVED BY COMMISSIONER LEVENS AND SECONDED BY
COMMISSIONER HRUBY TO NOT WIAVE THE LIABILITY LIMIT ON
THE TORT LIABILITLY COVERAGE THROUGH THE LEAGUE OF
MINNESOTA CITIES. MOTION CARRIED 8-0.
d. Personnel Comtittee Appoint (schedule meetin~l
Commissioner Auger stated there is no direction on cable employee (Mark Davis) as far as
whether he would receive any raises or cost of living adjustments. It was suggested that
the personnel committee get together to discuss the matter. Members of the Personnel
Committee are Tina Allard, Nancy Carswell, Myles McGrath, and Bill Bmce.
Commissioner McGrath previously informed Commissioner Auger that he wasn't sure if
he should be involved with the Personnel Committee now that he is the Chair of the
Commission.
Commissioner Allard stated it would be helpful to have Commissioner McGrath's
knowledge and experience with the process.
8. Upcomin Meeting Dates
The next commission meeting is scheduled for Thursday, November 3, 2011 in Delano.
Commissioner Auger noted that cities should review who their cable monitors are to
determine if they should begetting service paid by the commission.
9 Ad'ourn
The Sherburne Wright Cable Comtission meeting adjourned at 2:15 p.m.
Minute/s prepared b ommission Secretary Tina Allard.
c/ /~'
Secretary, Ttna Allard
Ch ' ,Myles McGrath