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HomeMy WebLinkAbout06/25/1991 COW minutes MINUTES COMMITTEE OF THE WHOLE JUNE 25, 1991 I. ROLL CALL The meeting was called to order at 7:30 p m. Present at the meeting were: Mayor Gerald L. Farley; Trustees Mark Busse, George Clowes, Timothy Corcoran, Leo Floros and Paul Hoefert., Absent from the meeting was' Trustee Irvana Walks. Also present at the meeting were: Vdlage Manager John Fulton Dixon, Assistant Village Manager John Burg, Communications Admamstrator Cheryl Pasalic; 4 persons in the audience and three,members of the press II. , MINUTES Thc Committee of the Whole Minutes of June 11, 1991 were accepted and filed. CITIZENS TO BE HEARD Jim Hoffman, 1811 S~tl~a La'ne, presented a plea for the approval of a Home Occupation Ordinance ,which would allow the parking of Class D vehicles in garages. He presented photos of his truck in the garage and a brochure with examples of various sized trucks. He distributed a copy of a Petition that a neighbor took over a one-hour period and noted that everyone signed the Petition - in favor of h~s truck betng allowed in the garage. Mayor Farley said that what caused the Board concern was the large size vehicle that could be included in a Class D license. Trustee Busse said he would not have,a problem if the vehicle would be garaged. Trustee Hoefert suggested that perhaps the Board would need to look at the class of hcense as well as the size ~ of the vehicle. Mayor Farley said this request will be taken into consideration at the Board meeting on July 2. IV. UPDATE ON CABLE TELEVISION Communications Administrator Cheryl Pasahc explained what had occurred with regard to the negative optmn for the Encore film channel that was being offered by Telennis. A negattve option ~s one in which a customer will be billed unless the customer tells the company to cancel this service. Ms Pasalic indtcated that she had checked with our legal counsel regarding the legality of a negative optmn This matter was brought to the attention of the Attorney General. Due to legal problems in Ilhnois as well as throughout the country, Teleno~s decided not to offer Encore as a negattve option Ms Pasahc indicated that channel realignment occurred when the Encore channel was introduced. At that time, the TBN religious network was dropped Ms. Pasahc said she received several complaints about this. However, the Village has no control over programming to be carried 6n cable television. These complaints were forwarded to Telenols promptly. Ms Pasahc indicated that there is a mandatory Cable Performance Evaluation later this summer. The Trustees made it clear that it would be very important to publicize this Evaluation to interested parties. Ms. Pasalic noted that the request for modification of the Franchise by Telenols was demed on the merits and for the failure to submit financlals as requested She indicated there is no proposal on the table right noq¢. She said the System 'Manage~ will be me~ting with ~her on various other items. Ms. Pasalic indicated that programming has increased more than two-fold in the last year on Channel 63. Mayor Farley asked if there has been any more cooperation on divulging the financlals Ms Pasahc said that after lengthy discussions ~Telenols has opened their books and agreed to an audit Mayor Farley said he would like to appoint two Board members as an Ad Hoc Committee to discuss future cable modification reques, ts Trustee Hoefei't 'asked ~for details regarding the proposed elimination of the box and the reductloh of channels from 120 to 60. Ms Pasalic outlined the history behind this request.' In January 1990, TCI requested elimination 6f the converter box by go(ng to 60 channels. Ms. Pasalic said the Northwest Cable Council was concerned because the industry is looking toward addressability and pay-per-view. She noted that over ~30% of customers in towns where they have gone from dual cable to a single cable system still have converters because certain channels are scrambled. She said that the Olympics next year will be a pay-per-view program. In towns that have converted to single cable, they will have to have a converter for this special event and others. She thought the rate for the Olympic packages would be from $135 to over $200. In regard to t~he~upgrading of the system to fiber-optics, Ms Pasalic noted that this was necessary to meet FCC standards She said that all of the trunk lines are fiber optic ~ - now. Trustee Clowes said it was very clear what the Village's concerns were with the cable company, He said that the books should be available for review at 30 days notice. Trustee Hoefert asked if there has been a decline m complaints. Ms. Pasalic said that complamts are nowhere near the level of last year. Trustee Hoefert asked what the usual complaints are. Ms. Pasahc said there is a wide variety from complaints about the converter, the Encore service, rate increases, outages and sometimes picture quality. Trustee Hoefert asked about the return of the radar channel Ms. Pasahc said that the cable company would probably be willing to return the radar channel if we would give up one of the public educational or governmental access channels. She said we do not want to sacrifice another government channel to get the radar channel back. Trustee Corcoran indicated that the Park District, Library channels and other such channels are just message boards. He felt that the weather channel ~s valuable. He would be willing to g~ve up one of these channels to get the radar channel back., Ms. Pasahc indicated that programming start-up costs are very high for these governmental bodxes. For this reason, they have not started programming Trustee~ Hoefert emphasized that for the Performance Evaluation the Village should get not,ce out as early and as widely as possible. Ms. Pasalic indicated that we can send notices to various interested pames including those who have complained over the last three years. Trustee Hoefert asked what has happened to the Cable Comnussion. Mayor Farley said that one of their mare functions was revievang programming The Commission was disbanded due to lirmted issues. However, Mayor Farley said the Board could look at reviwng the Cable Commission. He said he would d~scuss this w~th Ms. Pasalic Mayor Farley said he would like to appoint Trustees Hoefert and Floros to meet with Ms. Pasahc and representatives of Telenois. .~ Trustee Corcoran said the Village has played hardball with TCI but there have been no results. He felt that ff the cable company is beginning to cooperate; for example, by opening their books, let's try to concede a few points and try to move forward because th~s could be a benefit to the subscribers Ms. Pasalic smd that indeed the new management has had a much softer hne She said that the former management used to threaten to sue the Vdlage before we even sat down to discuss an ind~wdual item. Ms. Pasalic asked for direction on the survey regarding Channel 63 programming. The Comrmttee asked for a report. Trustee Clowes asked how unresolved complaints are handled. Ms. Pasalic said unresolved complaints are immediately called out to a TCI representative: The cdmpany has ten business days to respond If they cannot resolve the problem, 'usually the Village does not hear from TCI The Village gives them 30 days to cure If the problem'is not cured, it goes to the Board for rewew and possible penalty. ~ Trustee Clowes said he heard that the Park, Library and District 214 may consider programrmng. Village Manager Dixon ~said staff has talked to other governments He said they want free service; something which we cannot provide. He said they 'will have to contribute their fair share This item could be discussed wath other Boards at an Intergovernmental meeting. V. NEWSPAPER VENDING MACHINE ORDINANCE Village Manager Dixon said that newspaper vending machines in the past have been chained to street lights and hydrants: They have been placed at corners where they obstruct vision and they have been placed near the train station in the mud. He said this Ordinance attempts to address some of these problems He said he is not suggesting a fee. This Ordinance has been upheld ~n Court. He also noted that he has requested the Village Attorney to draft an Ordinance for Express Mail machines which also may be a sight obstruction..This Ordinance vall be forwarded m the future. Trustee Hoefert was worried that this Ordinance may be overl~ll He asked if ~" there was a simpler way to handle,the problems. :, Trustee Corcoran a~ked how mahy machines will not fulfill this proposed Code Mr. Dixon said approximately six by the Railroad Station need pads Two or three machines at the south end of town would also need pads. Trustee Corcoran - asked if this proposed Ordln/~nce was passed on to the newspaper companies. Mr. D~xon said that two years ago, we talked to three major newspapers. He said ~ they did not oppose an Ordinance as long as it is the Court approved Ordinance which this ' Trustee Busse said he had received comments from residents who were concerned about walking in the mud. He asked if the problems could be resolved without an Ordinance. Manager Dixon said the Village had other concerns such as ~newspapers chained where they do not belong. He said it is easier tO'remove these vending machines with an Ordinance. ~ Trustee Hoefert also wondered whether an Ordinance is needed. Mayor Farley said there was a problem in Chicago w~th large newspaper vending machines with advertising He said we could not prevent this problem without such an Ordinance Mayor Farley said he favored the Ordinance which prohibits nudity and sexually-exphcit material. Trustee Clowes also supported that version of the Ordinance but suggested leaving out some of the details regarding the maintenance of some of the machines. Trustee Corcoran supported the Ordinance without the references to nudity and sexually-explicit material. He said we can consider these subjects at a later t~me if it becomes a problem. He said the intent of the Ordinance was mainly placement of the machines. Trustee Floros felt this Ordinance was overkill. He felt it should be simplified Trustee Busse was in favor of the Ordinance w~thout reference to nudity and sexually-explicit material. Trustee Hoefert was also in favor of that version of the Ordinance with the reduction in the lengthy Ordinance The consensus of the Committee was to support the Ordinance without reference to nudity or sexually-explicit material and w~th a reduction in the lengthy Ordinance. VI. MANAGER'S REPORT Village Manager John D~xon reported on the following' 1. The Newspaper Vending Machine Ordinance will not be on the upcoming Board Agenda because the Village Attorney is on vacation. 2. Mr. D~xon indicated that the Vdlage recetved a number of requests for sidewalk cafes due to the experiment at Sam's Place. He said he will have a report on Friday regarding Sam's Place as requested by the Resolution a year ago. 3. Village Manager D~xon met with the Transportation Unit and discussed various transportation projects such as a full interchange at the Tollroad and Route 83, and trying to designate Senunole and Willow Road on the FAU System. VII. ANY OTHER BUSINESS Trustee Busse asked for a clarification on the report for the sidewalk cafe at Sam's Place. Village Manager Dixon explained. Trustee Clowes then asked a question about a possible interchange on Route 83. Mr. Dixon explained. VIII.~ ADJOURNMENT There being no further business, the meeting adjourned at 10:15 pm. Respectfully submitted, , JOHN P. BURG Assistant Village Manager ~ JPB/rcw :