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5.c) Appointment to Forest Lake Cable Television Commission Meeting Date: 9/7/2010 Agenda Item: j f � � City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Appoint a Director to represent Scandia on the Forest Lake Cable Commission, to replace John LaNasa. Deadline/ Timeline: N/A Background: • Scandia, along with the cities of Forest Lake and Columbus, entered into a Joint Powers Agreement (JPA)to create the Forest Lake Cable Television Commission. • The JPA specifies that each city will be entitled to appoint by resolution two (2) Directors to 2-year terms, at least one of whom shall be a member of the City Council. The other must be a qualified voter residing in the city. Current terms expire December 31, 2011. • Scandia has been represented on the Commission by Councilmember polores Peterson and resident John LaNasa, 13859 Scandia Trail, who recently resigned. • In the past, the city has approved the payment of$20.00 per meeting as compensation to the citizen director. • Scandia has not been successful in attracting applicants for this position in the past. Only a small portion of Scandia's population has access to the cable television service. • The Commission has recently had difficulty getting a quorum at meetings. • When this was discussed at the August 17 meeting, Treasurer Colleen Firkus indicated she might volunteer to serve. However, she has since clarified that she was only willing to do so if she received her regular rate of pay. Recommendation: I recommend that the Council appoint myself(Administrator Hurlburt) to fill the unexpired portion of John LaNasa's term. There would be no cost to the city for additional compensation. I am qualified to serve. If a citizen volunteer comes forward the Council could make a new appointment. The city can advertise the position the next time it advertises for board and commission members. Attachments/ • Excerpt of Joint Powers Agreement Materials provided: . Draft Resolution 09-07-10-02 Contact(s): Prepared by: Anne Hurlburt, Administrator (Cable commission director) Page 1 of 1 08/31/10 w. �`/��'�{� , �b i v�! �f�,�� ���f . (, , . �-, . �s�� t �(• I,;_�Q,;"� —' C� �J CJ "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. SECTION 2. "Board of Directors" or "Board" means the governing body of the Commission. SECTION 3. "Commission" means the organization created pursuant to this Agreement. • SECTION 4. "City" or "Cities" or "Municipalities" means any city or township. SECTION 5. "Director" means a person appointed by a Member City Council to be one of its representatives on the Commission. SECTION 6. "Member" or "Member Municipality" means a municipality which enters into this Agreement and is, at the time involved, a Member in good standing. SECTION 7. "Eligible Member" means a municipality within the Cable Service Territory that may, if it so acts, adopt this Agreement and become a part of this Commission. IV. ELIGIBLE MEMBERS The Municipalities of the City of Forest Lake, and City of Scandia and the City of Columbus are eligible for Membership in the Commission. Other Municipalities desiring to become Members may be admitted by an affirmative vote of at least two-thirds (2/3) of the total eligible votes of the Commission and the payment by that municipality of such contribution as determined by the Commission to be applicable at the time the Member is approved. V. DIRECTORS SECTION 1. Qualifications/Appointment. The City Council of each Member shall be entitled to appoint by resolution two (2) Directors, at least one of whom shall be a member of the 1016839v� 2 � � Council of that municipality and the other a qualified voter residing within the municipality. If a Director is a City Council member when appointed but subsequently ceases to be a City Council member prior to the expiration of the Director's term, the Member shall have the option to either allow said Director to serve out the remainder of their appointed term or appoint a sitting member of its City Council to serve out the remainder of the Director's term. When the City Council of a Member appoints its Directors, it sha�l give notice of their appointments to the Commission. Notices shall include the name and mailing address of the Director which shall be deemed to be tlie official name and address of that Director for the purpose of giving any notice required under this Agreement. SECTION 2. Term. Each Director shall be appointed for a term of two (2) years. A Director shall serve at the pleasure of his or her City Council. SECTION 3. Voting. There shall be no voting by proxy. All votes must be cast in person at Commission meetings by the Director or Directors. Each Director shall be entitled to one (1)vote. A Director shall not be eligible to vote on behalf of his or her Member Municipality during the time that said municipality is in default on any contribution or payment to the Commission. In the absence of one Director of a Member City from a meeting or the abstention of one Director from voting, the Director of that Member City that is present may cast all of the votes of that Member City. Abstentions by both Directors from a Member shall not be considered authorized votes cast. SECTION 4. Compensation. Directors shall serve without compensation from the Coinmission, but this shall not prevent a Member from compensating its Directors if compensation by that Member is otherwise authorized by law. 1016839v� 3 CITY OF SCANDIA RESOLUTION NO. 09-07-10-02 APPOINTING A DIRECTOR TO THE FOREST LAKE CABLE COMMISSION WHEREAS, the City of Scandia is party to a joint and cooperative agreement with the municipalities of Forest Lake and Columbus governing the establishment of the Forest Lake Cable Communications Commission; and WHEREAS, the purpose of the agreement is to establish an organization to monitor the operations and activities of cable communications and related communications matters, provide coordination of administration, enforcement and renewal of the franchises of the members, and to conduct such other activities as may be necessary to protect the interest of the members and its citizens with respect to the deliver of cable communications and related communications matters; and; WHEREAS, the City of Scandia is entitled to appoint two Directors to represent Scandia on the Commission, one of whom shall be a City Council member; and WHEREAS, a vacancy has occurred due to the resignation of John LaNasa, the citizen member representing Scandia; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does appoint Administrator/ Clerk Anne Hurlburt to serve as Director, for a term expiring on December 31, 2011. Adopted by the Scandia City Council this 7th day of September, 2010. Dennis D. Seefeldt, Mayor ATTEST: Administrator/Clerk