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PWM19900214• PUBLIC WELFARE COMMITTEE - CITY OF MUSKEGO MINUTES OF MEETING HELD FEBRUARY 14, 1990 The meeting was called to order at 7:00 P.M. by Chairman Patterson. Also present were Committee Member Simmons, Mayor Salentine, John Ingersoll (Ingersoll Cable Co.) and Ron McMillan (Warner Cable Company of Milwaukee), and those per the attached list. The Committee discussed Recycling program with representatives from the participating organizations that were invited to the meeting. Following is an updated schedule of participation for 1990: March - Newcomer's Club - Nancy Heitz April - Muskego Flames Baseball Team - May - "Green -Up" Muskego June - July - Muskego Woman's Club August - September - Muckey 4-H Club October - VFW Post and Auxiliary 8171 November - • The Committee requested that each organization be given provided by Waukesha County to address any confusion as items are able to be recycled. The Committee requests package be sent to each group, two weeks prior to their date, flyers, layout and time of collection. • bulletins to what that a scheduled The Committee reviewed correspondence from Boy Scout Troop 19 that included a suggested layout for the recycling program at Parkland Mall. The Committee requests that a copy of the correspondence be sent to Waste Management and Parkland Mall for their approval. The Committee reviewed Youth Activities. There was a pool party on Saturday, February 3, 1990, at Muskego High School which had a fair attendance. The next event is scheduled for Saturday, March 24, 1990, which will feature Disco and Volleyball. The program is approximately $30.00 ahead of when it started. The Committee reviewed the status of Cable TV. The City is 100% serviced by Cable TV with a projected penetration of approximately 60% to 75%. The present cable capacity is 54 channels and the City is at approximately 30. The Committee reviewed Muskego Landfill Gate Yard to Ton report for the 4th quarter of 1989 and noted that landfill will be full soon and cutbacks seem to be in effect. • Public Welfare Committee - Page 2 February 14, 1990 Mr. McMillan appeared before the Committee to discuss the transfer of the cable franchise. A question was raised as to the complaint that Warner Cable service in Milwaukee does not have the capabilities of watching one channel and recording another. Mr. McMillan clarified that the system that has been installed in the City of Muskego will continue to operate as it does at the present time; having the capabilities of watching one channel and taping another. At the present time Mr. McMillan does not forsee an immediate increase in costs to subscribers. Senior Citizen discounts will continue. The Committee reviewed the following proposed amendments to the Cable Ordinance requested by Warner Cable Company: 1. Section (4) (Use of City Streets), paragraph (b)(2) Delete: "Under no circumstances shall any valuation be made for "good will" or for any right or privilege granted by this franchise Ordinance." Ald. Simmons moved to recommend the above amendment to the Cable Ordinance. Seconded by Ald. Patterson, motion • carried. 2. Section (4) (Use of City Streets), (a) 3. Amend last sentence to read: The Grantee agrees to and shall install and furnish CAV service to all residents of the City with a density of (20) twenty homes per cable mile. Service to other areas shall be done on a cost - sharing basis. Ald. Simmons moved to recommend the above amendment to the Cable Ordinance. Seconded by Ald. Patterson, motion carried. 3. Section (6) (Financial Considerations), 1. Delete last sentence which reads: "The Grantee shall also file within ninety (90) days following the conclusion of each fiscal year of the Grantee an annual report prepared and audited by an independent Certified Public Accountant, showing the yearly total gross receipts and payments to the City and any further relevant financial information in regard to the company as may be required by the City. Ald. Simmons moved to deny request and to recommend the • following amendment to the Cable Ordinance: • Public Welfare Committee - Page 3 February 14, 1990 Amend last sentence to read: The Grantee shall also file within ninety (90) days following the conclusion of each fiscal year of the Grantee an annual report signed by an officer of Warner Cable Company showing the yearly total gross receipts and payments to the City and any furthr relevant financial information in regard to the company as may be required by the City. Seconded by Ald. Patterson, motion carried. 4. Section (6) (c) (Surety Bond) 1.,2. & 3. Delete in entirety Ald. Simmons moved to deny request to delete requirement of Surety Bonds. Seconded by Ald. Patterson, motion carried. 5. Section (7) (Services to be Provided) (a) General Requirements 5. Delete in entirety: Except where specifically stated otherwise in this Ordinance, the Grantee shall arrange to • provide all feasible services requested by potential users of said services, including the Common Council. If no rate has been established for a particular service, the rate may be established pursuant to Section 9 of this Ordinance, provided that if the Common Council finds that fairness and equity require that said service be provided free of charge, the Common Council may require that such service be provided free of charge. Ald. Simmons moved to deny request and to recommend the following amendment: Warner Cable Company of Milwaukee will provide a rate for requested service upon which a determination will be made by the Common Council as to if the service should be provided." 6. Section (7) (Services to be Provided) (a) 7. Delete in entirety: Modification of services offered and/or provided to any municipality served by the Grantee within the Milwaukee Metropolitan area shall also be offered to the City. Such offer and/or provision of service shall be tendered within one year of its first being provided to any municipality by the Grantee. The City shall not be obligated to accept such offer without due consideration. Ald. Simmons moved to amend Cable Ordinance to delete above item. Seconded by Aid. Patterson,motion carried. • Public Welfare Committee - Page 4 February 14, 1990 7. Section (7) (Services to be Provided) 7. (b) 4. This request was tabled as it is already in the Ordinance. 8. Section (7) (Services to be Provided) (c) 6. Delete in entirety: The Grantee shall provide all reasonable technical and programming assistance to all parties programming on the Grantee's cable system. Ald. Simmons moved to deny request and to recommend the following amendment: The Grantee shall provide programming assistance to Grantee's cable system. reasonable technical and parties programming on the Seconded by Ald. Patterson, motion carried. 9. Section (7) Customer Service (e) 1. Amend as follows: The Grantee shall maintain a payment center in the City in a location convenient to the public. isThe Grantee shall maintain an office in the Metropolitan Milwaukee Area which shall be open during all usual business hours, have a listed toll free telephone number and be so operated that complaints and requests for repairs or adjustments may be received at any time. Ald. Simmons moved to defer a recommendation until after the public hearing to allow for citizen input on the advantange of maintaining an office in the community. Seconded by Ald. Patterson, motion carried. 10. Section (13) (Supervision of the Grantee) (a) 5. Amend to read as follows: Copies of all petitions submitted by the Grantee to the Federal Communications, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matter affecting cable operation shall also be submitted upon request to the City by filing the same with the City Clerk. Ald. Simmons moved to recommend above amendment to Cable Ordinance. Seconded by Ald. Patterson, motion carried. 11. Section (13) (Supervision of the Grantee) (a) 6. • Delete in entirety: The Grantee shall maintain records of those subscriber complaints and requests for service which it has received, the time of such reception, and the time at • Public Welfare Committee - Page 5 February 14, 1990 which it responded to said subscriber complaints and requests for service. Every two months, copies of said records shall be submitted to the Common Council. The Grantee shall also keep a copy of said records at its local office. Ald. Simmons moved to deny request and to recommend the following amendment to Section (13) (a) 6. to read: The Grantee shall respond to all Aldermen complaints to the Public Welfare Committee in writing. Seconded by Ald. Patterson, motion carried. 12. Section (16) (Incorporation of the Grantee's Proposal) Delete in entirety. The Grantee's proposal as defined in subsection(3)(W) of this Ordinance is hereby incorporated by reference into this Ordinance and shall be considered to be part of this Ordinance. All representation made by the Grantee in the Grantee's proposal shall be required to be performed or provided by the Grantee, and any failure by the Grantee to perform any act or provide any service or equipment proposed in the Grantee's proposal shall be a violation of this Ordinance. Ald. Simmoms moved to delete Section (16) subject to review by City Attorney. Seconded by Ald. Patterson, motion carried. Mr. McMillan stated that franchise fee will be paid thirty (30) days after completion of each fiscal quarter. Ald. Simmons moved to amend Section (6) Financial Considerations (a) 1., second sentence, to read: The Grantee shall file with the Common Council within thirty (30) days after expiration of each fiscal quarter ending on March 31, June 30, September 30 and December 31, during the period this franchise shall be in force, a financial statement showing in detail the annual gross receipts of the Grantee during the preceding quarterly period. Seconded by Ald. Patterson, motion carried. The meeting adjourned at 10:50 P.M. ca Respectfully submitted, Ald. William T. Simmons Secretary