City Council Minutes 2012 09 04 - Laserfiche WebLink

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City Council Meeting Minutes September 4, 2012 Page 9 of 17 Mayor Muckle asked if the City staff has responded to the bylaws proposed. Public Relations Manager Muth stated the staff has comments relative to open government and whether meetings will be open to the public, but has not responded pending Council's decision to participate as a member of the CCUA. City Attorney Light explained the Colorado Constitution and the Colorado State Statutes provide affirmative authority for local governments to contact with one another to cooperate to provide any facility, service or function lawfully authorized. He noted it is permissible by creating a separate entity. It is also permissible to form a non-profit corporation to serve a similar purpose. Examples of similar non-profit corporation include CML, DRCOG and Colorado Counties. Public Relations Manager Muth explained if the GMTC does not get 100% approval of the conversion from its members, the alternative for the GMTC is to dissolve and recreate itself as a non-profit corporation. Council member Loo stated her understanding a non-profit organization books are available for inspection. Public Relations Manager Muth confirmed her statement. Council member Keany inquired about the GMTC's position on open records. Mr. Barnes stated the GMTC follows the open records law. City Attorney Light stated there is language in the open meetings law, which applies to any entity including a private entity delegated in a governmental decision making function. The same principals apply to open records however all their records are not open for inspection. There are certain exceptions where documents are held from inspection. Council member Keany asked if a Louisville resident had problems obtaining a record through an open records request, would they have recourse through the City staff to obtain certain records. City Attorney Light explained it is a matter of membership rights and obligations. If it is not a public record there would be explanation of why it is not. Council member Keany asked if there was any control over the bundling of premium stations and Internet access. Public Relations Manager Muth explained bundling is controlled by the FCC. Mayor Muckle also shared the concerns over the Internet. He felt the City will get the same or more value with the new organization. He would like to see the bylaws as proposed to allow public comment. Public Relations Manager Muth explained the bylaws are not finalized. She recommended waiting until all the consent forms are received and the bylaws are finalized. Then if Council decides not to continue membership under this CCUA non-profit form, Louisville can withdraw. PUBLIC COMMENT