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09-30-1996 HUCMRegular Meeting September 30, 1996 All Commissioners were present; also present were Mgr. Kadrmas and Attorney Barry Anderson. President Cornell called the meeting to order at 3:00 p.m. A motion was made by Commissioner Ackland, seconded by Commissioner Gilmer to discuss suggested by -law changes before the Commission reorganization took place. Motion was unanimously carried. Commissioner Ackland suggested the following changes be made to Article III of Hutchinson Utilities Commission By -Laws: Section - 6 In the absence of the President, the Vice President shall assume all of his duties. Section - 8 Officers The officers of the Commission shall be a President and Vice President. Section - 9 Election and Tenure The Commission shall annually elect the officers of the Commission at its September meeting. Such elected offices will assume their offices on the first day of October. Each officer shall hold office for a one -year term and until such officer's successor is elected. There shall be a limit of two successive terms that an officer may serve. After discussion, a motion was made by Commissioner Ackland, seconded by Commissioner Carls to amend Hutchinson Utilities Commission By -Laws with the above changes. Aye - Commissioners Ackland, Carls and Gilmer Nay - Commissioners Cornell and Ward Motion was carried. (Copies of Article III before and after changes are attached.) Nominations were requested for president. Commissioner Carls nominated Commissioner Ward for president, nomination was seconded by Commissioner Ackland. Commissioner Ward nominated Commissioner Carls for president, Commissioner Carls declined nomination. There being no further nominations, a motion was made by Commissioner Carls, seconded by Commissioner Ackland to close nominations. Motion was unanimously carried. Votes were taken for election of Commissioner Ward for president. Aye - Commissioners Cornell, Ward, Gilmer, Carls, Ackland Nay- None Commissioner Ward was duly elected and declared President of the Hutchinson Utilities Commission, beginning October 1, 1996. Nominations were requested for vice president. Commissioner Ackland nominated Commissioner Gilmer for vice president, nomination was seconded by Commissioner Carls. Commissioner Ward nominated Commissioner Cornell for vice president, Commissioner Cornell declined nomination. There being no further nominations, a motion was made by Commissioner Carls, seconded by Commissioner Ackland to close nominations. Motion was unanimously carried. Votes were taken for election of Commissioner Gilmer for Vice President. Aye - Commissioners Cornell, Ward, Gilmer, Carls, Ackland Nay- None Commissioner Gilmer was duly elected and declared Vice President of the Hutchinson Utilities Commission, beginning October 1, 1996. President Cornell made the following appointments: Secretary - Commissioner Carls Legal Counsel - G. Barry Anderson of Arnold, Anderson & Dove Recording /Assistant Secretary - Linda Madson Planning Commission Member - Commissioner Ackland Receive Drug Test Reports - Commissioner Cornell and Mgr. Kadrmas President Cornell made the following designations for depositories for Utility funds: Depositories for Utility Funds - Citizens Bank & Trust Company First Bank of Minnesota First Federal Marquette Bank - Hutchinson A motion was made by Commissioner Ackland, seconded by Commissioner Carls to ratify appointments and designations for depositories for Utility funds. Motion was unanimously carried. The minutes of August 26, 1996 regular meeting were reviewed. A motion was made by Commissioner Gilmer, seconded by Commissioner Ackland to approve the minutes as written. Motion was unanimously carried. The August payables were discussed. A motion was made by Commissioner Ackland, seconded by Commissioner Carls to accept the August payables in the amount of $783,746.30 (detailed listing in payables book). Motion was unanimously carried. The 1996 year -to -date (thru August) financial and budget reports were reviewed. A motion was made by Commissioner Ackland, seconded by Commissioner Ward to accept the financial and budget reports. Motion was unanimously carried. Discussed amendment to TF throughput service agreement (amendment no. 6) for Northern Natural Gas contract. After discussion, a motion was made by Commissioner Ackland, seconded by Commissioner Carls to approve amendment no. 6 to TF throughput service agreement. Motion was unanimously carried. Manager's Report: Attended a MAPP (Mid- Continent Area Power Pool) management meeting. The new MAPP restated agreement was accepted. We will have to rejoin the MAPP organization. There will be more than 100 members in new pool. Action at the next meeting. Old Business: A motion was made by Commissioner Ward, seconded by Commissioner Ackland to permanently change the starting time for regular Commission meetings from 1:00 p.m. to 3:00 p.m. Motion was unanimously carried. New Business: Suggested by -law changes (discussed at beginning of meeting). There being no further business, a motion was made by Commissioner Ward, seconded by Commissioner Gilmer to adjourn the meeting at 5 :08 p.m. Motion was unanimously carried. Roger Gilmer, Secretary ATTEST: _l G. P. Cornell, President 5-3 Qe�oce ckan�Q ARTICLE III Commissioners and Employees SECTION - 1 The Hutchinson Utilities Commission, by resolution, shall appoint a General Manager and such other employees as it shall deem necessary, who shall hold their offices for such term and shall exercise such powers and perform such duties as shall be determined from time to time by the Commission. SECTION - 2 The Hutchinson Utilities Commission, upon recommendation of the General Manager and the filing of applications, shall appoint all staff employees of the Hutchinson Utilities. SECTION - 3 Each member of the Hutchinson Utilities Commission shall be entitled to be reimbursed for his actual and necessary traveling and hotel expenses incurred whenever it shall be necessary for him to travel outside the City of Hutchinson in carrying out his duties, which travel may be required of him by law or by vote or resolution of the Commission. The compensation of members and amounts due them as reimbursement for expenses shall be paid at the end of each month upon itemized statements duly verified. 1 SECTION - 4 Any officer, agent or employee elected or appointed by the Commission may be removed at any time by the Commission. SECTION - 5 The salaries of all officers, agents and employees of the Commission shall be fixed by the Commission. SECTION - 6 The President shall preside at all meetings at which he is present. He shall make such reports to the Council as are required of the Commission and shall perform such other duties as are incident to his office or are properly required of him. SECTION - 7 The Secretary shall sign, execute or acknowledge with the President, all instruments authorized by the Commission and shall perform such other duties as prescribed from time to time by the Commission or as -are incident to his office. 11 A- Ve-c Gangs,) ARTICLE III Commissioners, Officers and Employees SECTION - 1 The Hutchinson Utilities Commission, by resolution, shall appoint a General Manager and such other employees as it shall deem necessary, who shall hold their offices for such term and shall exercise such powers and perform such duties as shall be determined from time to time by the Commission. SECTION - 2 The Hutchinson Utilities Commission, upon recommendation of the General Manager and the filing of applications, shall appoint all staff employees of the Hutchinson Utilities. SECTION - 3 Each member of the Hutchinson Utilities Commission shall be entitled to be reimbursed for his actual and necessary traveling and hotel expenses incurred whenever it shall be necessary for him to travel outside the City of Hutchinson in carrying out his duties, which travel may be required of him by law or by vote or resolution of the Commission. The compensation of members and amounts due them as reimbursement for expenses shall be paid at the end of each month upon itemized statements duly verified. SECTION - 4 Any officer, agent or employee elected or appointed by the Commission may be removed at any time by the Commission. SECTION - 5 The salaries of all officers, agents and employees of the Commission shall be fixed by the Commission. SECTION - 6 The President shall preside at all meetings at which he is present. In the absence of the President, the Vice President shall assume all of his duties. He shall make such reports to the Council as are required of the Commission and shall perform such other duties as are incident to his office or are properly required of him. SECTION - 7 The Secretary shall sign, execute or acknowledge with the President, all instruments authorized by the Commission and shall perform such other duties as prescribed from time to time by the Commission or as are incident to his office. SECTION - 8 Officers The officers of the commission shall be a President and Vice President. SECTION - 9 Election and Tenure The Commission shall annually elect the officers of the commission at its September meeting. Such elected officers will assume their offices the first day of October. Each officer shall hold office for a one -year term and until such officer's successor is elected. There shall be a limit of two successive terms that an officer may serve. 'LJ 1