VILLAGE OF MANHATTAN REGULAR MEETING OF THE VILLAGE OF MANHATTAN MARCH 20, 2019

Transcription

1 VILLAGE OF MANHATTAN REGULAR MEETING OF THE VILLAGE OF MANHATTAN MARCH 20, 2019 A Regular Meeting of the Village of Manhattan President and Board of Trustees was held on Wednesday March 20, Mayor Doyle opens the meeting at 7:00 P.M. Roll call: Trustee Beemsterboer, Trustee McDonough aye, Trustee Reeves aye, Trustee Biscan aye, Trustee Doyle aye and Trustee Naughton aye. Also present are Becker, Doyle, Kendall, and Pintar, Sing, Taylor and Wazny. Mayor Doyle informs everyone that they will start the Regular Meeting before the Public Hearing at this time, as the Comcast Representative has called and informed Staff that he is stuck in traffic and waiting for a Train. Reeves motion to approve the Consent Agenda As Follows: The Regular Minutes of the March 5, 2019, And Bills List For March 20, Naughton second. Roll call: Beemsterboer aye, McDonough aye, Reeves aye, Biscan aye, Doyle aye, Naughton aye. (6 ayes, 0 nays, 0 absent). Motion Carried. Village Administrator Sing informs the Mayor and Board of Trustees that they have before them Approval of State Street Auto Invoices Totaling $ Trustee Doyle is the owner of State Street Auto, for the Village to continue using State Street Auto; we followed the Illinois Municipal Code which sets parameters for doing business with elected officials. The Village Executed the final Contract not to exceed $2,000 annually with State Street Auto. If approved the total expended under the extended contract is $1, Biscan motion to approve the State Street Auto Invoices Totaling $ Reeves second. Roll call: McDonough aye, Reeves aye, Biscan aye, Doyle abstains because of the Personal Interest He Has in State Street Auto Naughton aye, Beemsterboer aye. (5 ayes, 0 nays, 1 abstain, 0 absent). Motion Carried. The Mayor and Board of Trustee Review the Financial Monthly Report and at this time have no questions. Assistant Finance Director Kendall points out that Sales Tax has increased and the Fuel Tax was lower, but she feels that this may have been because of the BP turnover, but she will keep an eye on it. Trustee Beemsterboer informs Assistant Finance Director Kendall that while they were in Springfield the last few days they did find out that the Use Tax should be increasing as they are working through a language dispute at this time, but they hope to have this resolved by May, and it could increase up to 10%. Mayor Doyle also points out that they will not be cutting anymore monies away from the Municipalities or cutting funding. The Mayor and Board of Trustee Review the Public Safety Department Monthly Report and at this time have no questions. Trustee Reeves ask Chief Wazny to report on the Cop On Top. Chief Wazny informs everyone that they are working with New Lenox and the State to secure 3 Dunkin Donuts in New Lenox for the event in May. The Cop On The Top is part of the Special Olympics, along with the Polar Plunge and the Torch Run. Officer Beauchamp has been the coordinator of all these events for the Village and last year the group raised $6, The Mayor and Board of Trustee Review the EMA Monthly Report and at this time have no questions. EMA Director Doyle informs the Mayor and Board of Trustees that Joel Werner and he attended and

2 completed training on Hazardous Materials Awareness, and he has Two (2) of his volunteers that have also attended. John Ott, along with Martin Svoboda completed FEMA Training. The Mayor and Board of Trustees Review the Monthly Public Works Department Report and at this time have no questions. The Mayor and Board of Trustee Review the Engineers Monthly Report. And at this time have no questions. Village Engineer Pintar informs the Mayor and Board of Trustees that construction and demolition has begun on the Century East Lift Station, and services are being updated. Mayor Doyle also reports that they are working with Joliet Coalition for alternative water sources, as the aquafer is lower. The Coalition is looking at the Kankakee River, Des Plains River and Chicago. The Mayor and Board of Trustees Review the Monthly Building Report and at this time have no questions. Village Clerk Becker informs everyone that Early Voting has begun and the residents can Vote at the Village Hall from 9:00 A.M. to 4:30 P.M, until March 29, Mayor Doyle reports that the Regular Meeting was being held on Wednesday instead of Tuesday, because Trustee Beemsterboer, Trustee McDonough and he were in Springfield to attend the Will County Governmental Leagues Lobby Day. They were involved in many discussions with representatives on both sides and learned that they are looking at Funding for Route 80 bridges, as well as other roadway infrastructures, and how they can fund them now and in the future. In their meetings they also informed the representatives on the issues that the Village of Manhattan is facing. Mayor Doyle also informs everyone that they are also looking into the Pension Funds, and how they can reduce the cost if they merge into one pool for investing, the funds would still be ours, but it would cut down on the Administrative cost for Actuaries that each community pays. The local Pension Boards would still make the decisions on the officers retiring or on disability. Mayor Doyle also explains that he has set up a meeting with Representative Deluca to go over some of the issues facing Manhattan. Mayor Doyle recommends the Reappointment of Patricia Lucas As Trustee To The Manhattan Police Pension Fund For a Two (2) Year Term (May 1, 2019-May 1, 2021). Biscan motion to Approve The Reappointment of Patricia Lucas As Trustee To The Manhattan Police Pension Fund For a Two (2) Year Term (May 1, 2019-May 1, 2021). McDonough second. Roll call: Reeves aye, Biscan aye, Doyle aye, Naughton aye, Beemsterboer aye, McDonough aye. (6 ayes, 0 nays, 0 absent). Motion Carried. Mayor Doyle request A Motion To Open The Public Hearing Regarding Comcast of Illinois VI, LLC S Application For An Additional Cable Television Franchise Pursuant to Section Of The Illinois Municipal Code. McDonough motion to Open A Public Hearing Regarding Comcast of Illinois VI, LLC S Application For An Additional Cable Television Franchise Pursuant to Section Of The Illinois Municipal Code. Doyle second. Roll call: Biscan aye, Doyle aye, Naughton aye, Beemsterboer aye, McDonough aye, Reeves aye. (6 ayes, 0 nays, 0 absent). Motion Carried. Village Attorney Taylor gives an overview of how the Public Hearing will proceed.

3 Mayor Doyle request that anyone who intends to present any evidence or testimony, to question any witnesses, or to provide any public commentary during this hearing please stand, face the Village Clerk, raise their right hand, and take the oath. Village Clerk Becker administrates the oath. Village Administrator Sing, I am in possession of written notice letters that were sent to the Village s existing cable franchisee, Kraus, as well as to AT&T on March 4 th and March 5 th, 2019 respectively. These letters contain all information required by law. Mr. Mayor I request that these letters be included in the record. Mayor Doyle accepts the letters into record. Village Administrator Sing, I am also in receipt of a publisher s certificate showing that notice of this hearing was properly provided in the Herald News on March 4, Mr. Mayor, I request that this publisher s certificate be included in the record. Mayor Doyle accepts the certificate into record. Village Administrator Sing states that the Village Board is required to consider the following, the Public need for the proposed Comcast Franchise and the capacity of the Village s public rights-of way to accommodate Comcast s infrastructure and equipment and the potential disruption to existing users of the Village s public rights-of-way by Comcast (both during and after construction) and the long-term economic impact of granting Comcast an additional franchise. Before the Village Board may grant Comcast an additional Franchise, it must also specifically find that doing so is in the best interests of the Village. Staff positions on public need is based on the most recent Franchise fee paid, approximately 25% of properties within the Village limits have elected to receive Cable TV service from Kraus. Staff expects that if Comcast is granted an additional Franchise, a larger proportion of the properties within the Village will receive Cable service going forward, plus members of the community have expressed a desire for the Village to allow another cable provider into the community, which clearly indicates a public need. Capacity of Public Right-of Way, depending on location, the Village is served by both underground and overhead utilities. Although the size of the Village s ROWs varies depending upon location, the Village has always been able to accommodate the request of utilities and other legitimate users in the past. Staff expects there will be no issues with ROW capacity. Impact on existing users of the Public Right-of-Way, staff believes there to be sufficient capacity in the Village ROWS and anticipate no problems or undue interference with existing users arising from Comcast s installation of equipment and infrastructure. Long term economic impact of Comcast Franchise, at present, there are only Two (2) cable providers offering service within the corporate boundaries of the Village, Kraus and AT&T. Staff expects that the addition of a Third cable provider will provide the option of service to additional areas of the Village while simultaneously creating more competition. Staff expects that both the increased availability of services and also the increased competition will benefit the citizens of the Village by encouraging all Three (3) cable providers to provide an improved customer experience and better prices. If the Village Board determines that it wishes to grant Comcast an additional Franchise, it will need to approve a Franchise Agreement, which is before them tonight, and which has terms and provisions that are different from those contained in the Village s Franchise Agreement with Kraus. The Village will be required to revisit and renegotiate the Kraus Agreement. Mayor Doyle at this time recognizes the representative Tony Signorella from Comcast and request that he step forward and make his presentation. Village Clerk Becker administrates the oath.

4 Mr. Signorella apologizes for being late. Mr. Signorella explains that the Village Board has before them for their consideration a Modernized Short Form Franchise Agreement, that will allow them to have the discussion internally to figure out where they could provide service in Manhattan. Mr. Signorella wants to be clear that this gives them the framework to discuss this internally and with the Village of Manhattan. Mr. Signorella gives an overview of the company and what they provide, as well as how they improved their customer service. Mr. Signorella points out that they have many franchise agreements throughout the Chicago land area, and they are looking forward to working with the Village. Mayor Doyle ask if any member of the Board of Trustees have any questions for Comcast s representative. The Board has no questions at this time. Mayor Doyle ask if any members of the public including Kraus or AT&T have any questions for Comcast s representatives. There is no representative for AT&T. Mrs. Gallagher would like to ask Mr. Signorella questions. Mrs. Gallagher notice that he stated that they have a Modernized Short Form of the Agreement, she would like him to elaborate on this, because she is concern with their expectations being so minimal compared to the expectations for AT&T and Kraus Cable. Mr. Signorella explains that as he understands AT&T opted to be under a State Franchise agreement, which is separate from what Comcast does they prefer to have relationships on the local level. Mr. Signorella explains that as far as Kraus cable there is nothing stopping them from providing service to the community and upgrading. For Comcast this agreement just allows them to have the discussion to come into the Village. Mrs. Gallagher would like to know how the Modernized Short Form Agreement is being applied in this case and how it is being held up against the long form agreements. Village Attorney Taylor explains many Franchise Agreements are different. Village Attorney Taylor explains that the Comcast agreement has adopting many state statutes and Village Codes in the agreement, where the Kraus agreement spells everything out making it longer. Mr. Signorella points out that this agreement covers the customer service, the fee of 5%, the right-of-away agreements as per Village Code and all they want to do is be treated fairly. Mayor Doyle ask if anyone else has questions. Rene Bennett would like to know what they plan on doing in 5 years, and what percentage of the town were they going to try and cover. Mr. Signorella explains that usually they take 10 years, but the Village was more comfortable with 5 years, so if they needed to renegotiation terms. Mr. Signorella explains that this agreement would not bring them to town right away; this gets them in the door to have the discussion on what areas would be covered first. Mrs. Bennett is also concern because per the Kraus Agreement he has so much time to cover a new area, but in their agreement there is no requirement for them to cover the whole Village. Mr. Signorella explains that is why they have the agreement so these types of discussions can take place. Village Administrator Sing explains that the Village was the one that wanted the 5 years so the 2 agreements mirrored each other, this way they can discuss any issues of Cherry Picking areas. Mrs. Bennett is concern how there agreement does not require them to cover 100% of the Village, and what about the free internet that is given to the schools and Village, she feels more things should be locked in. Village Attorney Taylor explains that State Statute locks in the requirements that the Village would need to renegotiate with Kraus, there is a mechanism is place for equality between the 2 agreements. Mrs. Bennett feels that the residents need to know that if the cable is no longer free to the school and Village it will come back onto the taxpayers. Mayor Doyle ask if anyone else has questions. Mayor Doyle at this time invites any representatives of Kraus to present to the Village Board. Mrs. Gallagher is a representative for Kraus and would like to present a power point. Mrs. Gallagher wants Mr. Signorella and everyone else to know she is not there to be confrontational; they support Comcast coming to the Village and support competition. While Mrs. Gallagher is hooking up her presentation, Village Administrator Sing reviews some important differences between the 2 agreements. The Term Kraus is 20 years (10 year reopener, Comcast is 5 years, Restoration of Right Of Way, Kraus is 45 days, Comcast is 10 days per Village Code, Serve Entire Franchise Area Extension, Kraus A must provide if property is within 150 feet of system. Can charge if over 150 feet, B extend to new subdivisions of 30 homes per mile within 365 days, Comcast Follow Federal Act of reasonable period of

5 time 47 USC 541 (a)4, Service to Public Buildings, Kraus basic Cable and Internet, Comcast basic Cable only, Bulletin Board Channel, Kraus required and Kraus has right to charge for content, Comcast not addressed, Manhattan Office, Kraus has office within the Village limits, Comcast not addressed, Franchise Fee, Kraus $1.00 per customer per year, Comcast 5% annual gross revenues from operation of the cable system in Manhattan and Indemnification and Insurance, Kraus $1,000,000 insurance coverage limits, Comcast $5,000,000 insurance coverage limits Village Code Mrs. Gallagher starts her presentation and informs everyone that Kraus Cable does not oppose Comcast but, the Board needs to send the 2 page agreement back and replace it with one that meets the community needs. If the Village approve Comcast this will trigger an expensive legal re-negotiation, which will cost the Village and Kraus an extreme amount of money in attorney fees. Mrs. Gallagher explains that Mr. Kraus is in audience and his request is to please raise the bar on Comcast, do not lower the bar for Kraus. Mrs. Gallagher reviews the requirements of each company. Mrs. Gallagher makes a comment to the Board that she did not understand why the Village Board denied installing infrastructure across the parking lot for the Dunkin Donut. The Mayor and Board of Trustee deny this statement. Mrs. Gallagher apologizes stating that she must have misunderstood the information that a Trustee told her. It bothers Mrs. Gallagher that the Village is not asking the same financial commitment of Comcast as they are of Kraus. Mrs. Gallagher points out the taxing bodies that use free internet from Kraus and how this could be going away, and would cost the taxpayers. Mrs. Gallagher feels that Comcast is getting a Cherry Deal. Trustee Naughton and Trustee Beemsterboer discussed the $1.00 Fee paided by Kraus and the 5% that Comcast would be required to pay, and how this information was update after the first contract was discussed. Mrs. Gallagher feels that she did not have misinformation just not updated information on her presentation. Trustee Beemsterboer explains that yes the contract price was renegotiated after the first contract was presented. Village Administrator and Mayor Doyle explain that Free Cable to public building is part of the state statute, but because people did not understand, they added the wording to the agreement. Mrs. Gallagher would like clarification if Comcast will be giving free internet to public building like Kraus is required. The Mayor and Trustee Beemsterboer explains no they will not, Mr. Kraus provided this service in his contract so they could keep the lower Franchise Fee, and have more to spend on updating the operating system. Trustee Naughton reminds Mrs. Gallagher that this is up for First Read and they have not had their chance to voice any concerns. Trustee Naughton also lets her know that he was against the $1.00 fee the last time they negotiated, and he is not for charging the 5%, he feels that we should not be charging our residents, and he feels that Mrs. Gallagher is judging their decision prematurely as the Trustees have not put forth their feelings on this issue yet. Trustee Reeves explains that we want to look at everything and we want the best for our community. Mrs. Gallagher would like to know if it is accurate that Comcast is not providing free internet per there agreement. Mayor Doyle tells her that this accurate. Mrs. Gallagher would also like to make it very clear Kraus Cable is not unhappy with it Franchise Agreement they are very happy on what has happened, he feels that his agreement was negotiated in good faith and a win win for both sides. Trustee Naughton explains that Mrs. Gallagher has to realize that the Village has never had to deal with this type of situation, and they are trying to make sure that they are following state statute. Mrs. Gallagher explains that she appreciates them making changes and for having a Public Hearing. Mrs. Gallagher explains that they wanted people to know their options. Mrs. Gallagher explains all that herself and Kraus Cable are asking for is a level playing field. Village Administrator Sing ask Mrs. Gallagher what she was basing her cost estimate on for the Attorney fees. Mrs. Gallagher has no dollar amount. Village Administrator Sing also ask Mrs. Gallagher to specify her statement on consumer protections. Mrs. Gallagher feels that free cable and internet to public buildings is consumer protection, having specific deadlines on timelines that cable lines have to be moved, and if lines have to be moved temporally and grievance procedures are spelled out, as well as a local office. Village Administrator Sing points out the grievance process is regulated by law. Mayor Doyle ask if any member of the Board of Trustees have any questions for Kraus.

6 If any members of the public have any questions. Mrs. Bennett states that she was glad that Mrs. Gallagher stepped in at that last meeting and brought all this out. Mrs. Bennett was afraid that this would have been passed at the last meeting without anyone knowing about it or having any input. Mrs. Bennett was glad that Mrs. Gallagher asked for a Public Hearing. Mrs. Gallagher thanks her for the compliment, but the Village had already decided to hold a Public Hearing prior to the meeting. Mrs. Bennett is concern with Comcast covering the older section of the community, and feels the negotiations and agreements should be fair for both. Mrs. Gallagher explains that they are not in attendance tonight to say competition is bad; they are in full support of competition they just want to make sure that it is fair for both parties. Mayor Doyle ask if the representative from Comcast has any questions for Kraus representative. Mr. Signorella feels that Mrs. Gallagher did a good job representing Kraus, but needed more update information. Mayor Doyle moves on to Public Comment. Mr. Art Erickson informs everyone that he has Kraus Cable, but supports competition. Bridget Hope who is with the Park Board was in attendance to obtain more information, but recommends that the Mayor and Board of Trustee consider how each agreement will affect the other taxing bodies budgets. Mr. Art Kraus of Kraus Cable, introduces himself to everyone and just wants everyone to know that they are a family owned business, who have been in the Village since the 1980 s and they try to provide the best service for the community and to give them the most update product. Mr. Kraus also points out that they have never loss cable service over a day. Kelly Lemke who is new to community and is a Kraus customer, but feels competition is good for the community. Erica Auhz who has lived here 18 months wants to urge the Village Board to allow Comcast into the community; Erica Auhz has had Kraus cable, but is not satisfied with the product or service and would like another choice. Steve Balgemann has Kraus Cable and is also not satisfied with the product or service and recommends that the Mayor and Board of Trustees negotiate with Comcast, but he does ask that it be fair for both. Mayor Doyle asked if there is any other Public Comment. The Village Attorney recommends that prior to closing of the Public Hearing that the Mayor Poll the Board pursuant to statute, the purpose of this hearing is for the Board to consider Comcast s application for a cable franchise in light of the 4 factors the Village Administrator presented at the beginning of the hearing. Mayor Doyle Pursuant to statute, the purpose of this hearing is for the Board to consider Comcast s application for a cable franchise in light of the following factors; 1, Whether there is a public need for the Comcast cable franchise, 2, Whether the Village s public rights-of-way have sufficient capacity to accommodate Comcast s additional infrastructure, 3, The potential for disruption of existing users of the Village s public rights-of-way, caused by Comcast in connection with the Construction, use and maintenance of its infrastructure and 4, The long-term economic impact on the Village if the Board grants Comcast a cable franchise. At this time I ask that the Board be polled; I have heard sufficient testimony to make a decision regarding each of the factors I have just mentioned. This poll is just on the factors. Mayor Doyle request if the Board of Trustees Has heard Sufficient Testimony To Make A Decision On The Certain Factors I Have Mentioned. Village Clerk Becker Polls The Board On The Request Of The Mayor: Beemsterboer Yes, McDonough Yes, Reeves Yes, Biscan Yes, Doyle Yes, and Naughton Yes. At this time the Board has indicated that it has heard sufficient evidence to make findings on each of the factors that I have mentioned. At this time the Board will make its findings by a roll call vote. Mayor Doyle Number 1, Is There A Public Need For A Comcast Cable Franchise. The Board is Polled: Beemsterboer Yes, McDonough Yes, Reeves Yes, Biscan Yes, Doyle Yes, and Naughton Yes.

7 Mayor Doyle Number 2, Do The Village s Public Rights-Of Way Have Sufficient Capacity To Accommodate Comcast s Additional Infrastructure. The Board is Polled: Beemsterboer Yes, McDonough Yes, Reeves Yes, Biscan Yes, Doyle, Yes, Naughton Yes. Mayor Doyle Number 3, Granting Comcast A Cable Franchise Will Not Be Causing Undue Or Unreasonable Disruption Of Existing Users Of The Village s Public Rights-Of-Way. The Board is Polled: Beemsterboer Yes, McDonough Yes, Reeves Yes, Biscan Yes, Doyle, Yes, Naughton Yes. Mayor Doyle Number 4, Will Granting Comcast A Cable Franchise Have A Positive Long-Term Economic Impact On The Village. The Board is Polled Beemsterboer Yes, McDonough Yes, Reeves Yes, Biscan Yes, Doyle, Yes, Naughton Yes. Mayor Doyle Number 5, In Light Of The Findings Previously Made Her Today, Is Granting Comcast A Cable Franchise To Serve The Village Of Manhattan In The Best Interests Of The Village. The Board is Polled: Beemsterboer Yes, McDonough Yes, Reeves Yes, Biscan Yes, Doyle, Yes, Naughton Yes. Mayor Doyle Based On Information Provided At The Public Hearing And The Factors The Factor The Board Is To Consider That Granting An Additional Franchise To Comcast Is In The Village s Best Interest. Biscan motion Based On Information Provided At The Public Hearing And The Factors The Factor The Board Is To Consider That Granting An Additional Franchise To Comcast Is In The Village s Best Interest The Village. McDonough second. Roll call: Beemsterboer aye, McDonough aye, Reeves aye, Biscan aye, Doyle, aye, Naughton aye. Mayor Doyle This Concludes The Village s Hearing Procedure. I need A Motion To Close The Public Hearing. McDonough motion To Close The Public Hearing. Reeves second. Roll call: Beemsterboer aye, McDonough aye, Reeves aye, Biscan aye, Doyle, aye, Naughton aye. Motion Carried. Village Administrator Sing informs the Mayor and Board of Trustees they have before them an Ordinance Approving A Cable Television Franchise Agreement By And Between The Village of Manhattan And Comcast Of Illinois, VI LLC. First Read. The Mayor and Board of Trustees will not be waiving first read. Trustee Naughton explains that there are somethings that need to be discussed by the Board Members. Mayor Doyle informs everyone that this Item will be up for 2 nd Read at the April 1, 2019, meeting. Mayor Doyle informs everyone that the next Regular Meeting is being held on Monday April 1, 2019, because of the Elections that will be held on April 2, Trustee McDonough wants Congratulate the Manhattan Junior High Bands, Choir and Orchestra our all going to State on April 6, 2019, which will be hosted here. Trustee Beemsterboer reports that it was a good trip to Springfield for Mayor Doyle, Trustee McDonough and him. They learned quite a few things and got some seeds planted and hopefully they grow and come to fruit in May. Trustee Doyle would like to Thank Everyone for the kind thoughts and notes everyone had for the recent passing of his Mother In Law and his Brother In Law. Trustee Doyle would like to thank Chief Wazny and

8 Village Clerk Becker for all they did putting together the other department that honored his Brother In Law. Trustee Naughton wants to Thank the Mayor, Trustee Beemsterboer and Trustee McDonough for taking the time to go to Springfield. Trustee Naughton explains that Trustee Dave Beemsterboer past work in Springfield has assisted the Village and other Taxing Bodies to obtain grants. The Village is very fortunate to have people to go down to Springfield. Getting to know everyone down in Springfield helps to let them know who the Village of Manhattan is. Trustee Reeves echo s what Trustee Naughton said. Trustee Reeves also informs everyone that he works with disabled children, and tomorrow is called World Down Syndrome Day, and if everyone could please wear different socks, this will show your support for Children with Down Syndrome. Reeves motion to adjourn the Regular Meeting at 8:50 P.M. McDonough second. All members are in favor. Mattie Becker, Village Clerk