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HomeMy WebLinkAbout09/23/1997 COW minutes MINUTES coMMITTEE OF THE WHOLE SEPTEMBER 23, 1997 I. CALL TO ORDER Mayor .Farley called the meeting to order at 7:35 p.m. Present at the meeting were: Trustees George Clowes, Timothy Corcoran, Paul Hoefert, Richard Lohrstorfer, ~Daniel Nocchi and Irvana_Wilks. Staff present included Village Manager Michael Janonis, Assistant Village Manager David Strahl and Village Attorney Everette Hill. II. MINUTES ~ Approval of Minutes of August 26, 1997. Motion made by Trustee Nocchi and Seconded by Trustee Wilks to approve the Minutes. Minutes were approved unanimously. Trustee Hoefert abstained. III. CITIZENS TO BE HEARD ~ ~ Jerry Boldt, 300 North School, spoke. He wanted to personally thank the Village Board for installing the signs to control traffic into the Isabella/Rand area. He stated that it has been quite effective in reducing traffic through the neighborhood. Trustee Hoefert thanked Mr;. Boldt for coming to the Village Board to pass along positive comments and noted that the intersection 'of Central and Rand has not become overburdened by the additional traffic as previously anticipated. Village Manager Janonis stated that he is in the process of setting up a follow-up Safety Commission meeting which has been tentatively ~scheduled for November 1 to advise area residents concerning the progress addressing traffic into this neighborhood and the affect of turning prohibitions. IV. MUNICIPAL TELECOMMUNICATIONS INFRASTRUCTURE MAINTENANCE FEE ORDINANCE DISCUSSION Mayor Farley introduced the topic stating that the recent adoption by the General Assembly of House Bill 1147 alters the landscape significantly for municipalities which collect Franchise Fees from telecommunications companies. He stated that this House Bill effectively eliminates the ability of municipalities to require telecommunications retailers; i.e., wired and wireless, to enter into Franchise or License agreements and be required to pay negotiated fees for the use of the public - rights-of-way. - Assistant Village Manager Strahl provided a general overview of the topic and also related the purpose of the legislation was threefold: 1. Abolish municipal Franchise Fees with respect to telecommunications retailers. , 2. Create a uniform system for the collection and distribution of fees associated with the privilege of the use of public rights-of-way for telecommunications' activity. 3. Provide municipalities a comprehensive method of compensation for telecommunications' activities including the recovery of reasonable costs of regulating the use of public rights-of-way for telecommunications' activities. He also stated that the recent approval of this Bill will have no impact on existing Utility Tax collections by the Village.~ He also stated that Cable Television Franchises and Franchise Agreements are specifically exempted by this regulation. However, he did state that ifTCI or any other provider begins to provide additional services beyond cable television services; i.e., telephone services, then the 1% IMF would apply to revenues generated through the new service which is not related to cable television. He also stated that this regulation eliminates permit fees, however, the Village still reviews plans, issues permits and inspects installation. The current ~,--~ collection scheme which has been in place for Ameritech and Sprint/Centel has been based on the number of telephone lines and it is presumed that the change in the method of collection due to this regulation could increase the revenues to the Village The new collection method is a 1% fee based on gross revenues gen'erated within the community. The Village wili also have to revise the Model Telecommunications Ordinance (MTO) in order to make'the necessary changes which, reflect the collection parameters mandated,by this new State regulation. Currently, the MTO does not levy a fee based on gross revenues and that Section of the Municipal Code would have to be revised to reflect this change: This regulation specifically defines the fees to be levied and makes the amounts universal for all municipalities, therefore, will eliminate the need to negotiate separate Franchise Agreements for each community. ; General comments by the Village Board members included the following items: There were questions~ regarding why cable television franchise providers were specifically excluded. There was also discussion concerning the 90-day notice period and how the notice would be provided to the various vendors to ensure timely collection ~of this revenue. Other Trustees conceded the fact that this is a mandate from the State, therefore, if the Village wants to collect the appropriate revenue, this regulation must be approved by the Village Board. , 2 Village Attorney Hill responded to some of the Trustees; comments. He stated cable is excluded primarily because the municipality can get a better deal through individual Franchise Agreements. For example, the Franchise Agreement currently provides for a 5% Franchise Fee which will not be affected by the new 1% for the use of the right-of-way. The 90-day notice period would start the effective date of passage by the Village Board; theoretically October 7. The vendors would then be required to provide the 1% gross revenue tax effective February 1, 1998. He also stated that the Illinois Municipal League is in the process of developing additional model regulations which would eliminate specific portions of the MTO which relate to this new State regulation., Consensus of the Village Board members was to forward the Infrastructure Maintenance Fee Ordinance draft to the next regular Village Board meeting for approval. V. MANAGER'S REPORT None. VI. ANY OTHER BUSINESS Trustee Hoefert informed the Board that the downtown sidewalk improvements are now underway and asked when Northwest Highway was scheduled for road work. He also inquired as to how the new Village '~Velcome" sign will be incorporated into existing signage at Central and Northwest Highway. Trustee Clowes informed the Board that he recently attended a reception for the new Cook County Assessor. He stated the Assessor is in theProcess of soliciting bids for a six-year GIS project and the Assessor specifically informed Trustee CIowes that they would be willing to share any data they received and also stated that reassessments would be available on the Internet for inquiries. Closed Session Motion made by Trustee Hoefert and Seconded by Trustee Clowes to move into Closed Session to discuss Personnel, Property Acquisition and Litigation. Roll call vote was taken with all Trustees approving moving into Closed Session at 7:56 p.m. Mayor Farley informed the press that it is not anticipated that additional business will take place at the conclusion of the Closed Session. The meeting reconvened into Open Session at 9:43 p.m. Motion made by Trustee Wilks and Seconded by Trustee Clowes to approve the Closed Session Minutes of September 16, 1997. Minutes were approved. Trustees Corcoran and Hoefert voted absent. II. ADJOURNMEN .... The'meeting Was adjourned at 9:45 p.m. '~ Respectfully submitted, " DAVID STRAHL' Assistant Village Manager DS/rcc '