12-19-2018 SWCSR MIN - Laserfiche WebLink

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Minutes of the Sherburne/Wright County Cable Commission Wednesday, December 19, 2018, 1:00 p.m. (Buffalo City Hall) Present: Chair Tina Allard (Elk River), Vice Chair Gina \Vo]beck (Big Lake), Commissioners Mert Auger (Buffalo), Andrew Carlson (Cokato), Paula Bauman (Delano), LecAnn Yager (Maple Lake) and Rachel Leonard (Monticello). Absent: "Terri Boese (Dassel), Dan Madsen (Rockford),Shane Fineran (Watertown). Also present: Technology Consultant Bill Bruce, Attorney Bob Vose, Charter Representative Patrick I laggerty. 1. Call to Order—Chair Allard called the meeting to order at 1:00 p.m. 2. Attorney's Report a. Charter Restructuring Resolution — Vose distributed a resolution to address Charter's requested internal restructuring. "The joint Powers Agreement grants authority to the Commission to consent to this type of restructuring involving internal subsidiaries rather than requiring resolutions from all member cities. Vose recommended approval of the resolution. Commissioner Auger motioned to approve Resolution No. 2018-01 consenting to transfer of a cable franchise. Seconded by Commissioner Yager, unanimous ayes, motion carried. b. Charter Franchise Renewal—Vose provided a summary of the franchise renewal process to this point. He negotiated with Charter on the collective behalf of the SWCC cities, but noted each city must approve the franchise agreement and cable ordinance individually. Vose highlighted the main components of the new agreement. Most terms stay the same, including the 15-year term, availability of 2 PEG channels, and PEG fee of 85 cents per subscriber. The changes in the new franchise agreement include updates to high definition for PEG channels,language addressing competitor franchise agreements, removal of right-of-way language,and limits to number of complimentary service sites and set-top boxes. Commissioner\V'olbeck asked about the performance bond in the agreement. Vose confirmed it's a single performance bond in the amount of$50,000 that is available to all commission cities. Discussion ensued regarding the best way to bring the agreements forward to the respective city council in each community. Commissioner Wolbeck suggested bringing consistent information forward. Commissioner Auger noted the information should include a recommendation from the Cable Commission as well as the memo provided by the attorney. Mr. Vose stated there are two documents for approval, the franchise agreement and the cable ordinance. Both need to be enacted as ordinances and he provided summary ordinances for each city to adapt as needed. Commissioner Allard asked about outstanding balances accrued during the dispute about cable boxes during the negotiations. Bill Bruce said he thought this had been addressed but would work with the attorney and any city with a remaining balance. Commissioner Allard also asked about the timeline for approval. Vose requested cities act to approve the ordinances within the first quarter of 2019. finally,Vose stated his opinion that this is a good agreement that retains what the commission needs. He recommended the commission move forward with recommending approval.