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HomeMy WebLinkAbout1990.0501.TCWSM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TUESDA Y, MAY 1, 1990 A public work study session of the Fountain Hills Town Council was convened and called to order by Mayor John Cutillo at approximately 7:02a.m., Tuesday, M1'aq 1. 1990 in the Fountain Hills Town Hall Offices located at 16836 E. Palisade Blvd., Building C. Fountain Hi..lIs, Arizona. Present for the work/study session were Mayor John Cutillo, Vice Mayor Milo- Minarsich and Councilmembers Marti Lemieux and Peg Tibbetts. Absent wore Counci_lmembers Joe Bill. Charlie Fox and Bill O'Brien. Also present were Town Attorney Bill Farrell, Town Na nager Mike McNulty, Town Clerk Cassie Hansen and Cablo Subcommittee members Dennis Contino, Stuart Shoob, Bruce Hansen and Erica Rest. AGENDA ITEM_ #2 — DISCUSS THE CABLE ORDINANCE FOR FOUNTAIN HILLS Stuart Shoob told the council that the committee had looked at a number of cable ordinances from other cities and towns but ended up with the present version which had come from the Arizona League of Cities and Towns. The committee had made a few changes and modifications and felt that the result was a good, tough ordinance with some teeth in it. Bill Farrell suggested changing the "musts" to "shoulds" because even though other ordinances used "must", that did not make it right. Mr. Farrell also said there was not a July- 1 deadline to contend with as some people had feared. He said the first step, when the council feels comfortable with the document, is to declare it to be a code and then adopt it by an ordinance, then to establish the commission the committee has envisioned it to be. He questioned whether the committee had considered having to license Dimension Cable after the ordinance was adopted since they had included a section requiring any cable provider to be licensed by the town and said he felt that needed to be addressed. He wanted the council to bo aware of any legal ramifications down the line resulting from certain items in the ordinance as it now read, Air. Farrell then spoke of the Federal Code that 's referred to as, Title 47 in the United States Code, which was the 1984 Cable Communications Policy Act. He briefed the council on Section 546 to show them what the Federal governments thinking is. He said one of the purposes was to establish an orderly process for franchise renewal which protects cable operators against unfair denials of renewal where the operators past performance and proposal of future performance meet the standards established by the subchapter. Bruce Hansen said Dimension had told hire that their lc gel staff was researching; their prior rights for a license renewal in Fountain Hills. Mr. Farrell said that since the mmission was going forward fail tilt, it was necessary to make sure that the procedural challenges could be survived. He recommended stepping back for 30 days, declare the package the committee has submitted to be a code on a future agenda and then adopt it by ordinance and then let the 30 days pass for the ordinance to be effective. The council would then appoint a commission of 5 to set up an RFP. He said the code was a very performance oriented code and generally this type of a code has a full time staff to enforce it. He said this type of staff is generally not available in smaller communities and it would be difficult for a manager to take it on with everything else he has to do. Town Council. Minutes 5%1'90 Page t of 3 Mr. Farrell said he also wanted to address the ` referred to in the cods. H said Federal law allows 5% but traditionally, valley cities have been goin; with 3 o and that at 5 0, the additional cost would be passed onto the rate pavers. fir. Shoob said that it is the committee •s uriderst,_indintr that DTmern: ion was currtnr.ly drawing in about $80,000, month from Fountain Hills with about 3(,)! subscriber The committee reported that the industry h.--id fore comments to make on the code-. Mr. Farrell ,said the time to really get feed back from the i.ndustr, i : r.her the RFP is put together. He said the code is technically correct and moots with federal law. He had one other question on out of pocket costs and said h� felt it was over reaching and that it would be better to Jack up the fee and include the out of pocket costs in the fee. He said the committee should remember- that Fountain Hills was not offering the best market in the: world because cable companies prefer high density, flat areas th,,At are easy to get ever7-one coy 'ered in a short period of time. H=�� felt there should be one. more sess.'o.n wit.tr t.hc� committee and the council before the RFP goes out so thev are - it comf>rtabl•_ witl before it goes out. He also felt the process should be documented, that every contact with cable companies should be .logged, that a number of the cable proposal be, made available for the public ..rnd po,:sibly even hold a public hearing. Mr._McNulty said it should be added under installation and technical standards that the cable company par for our inspector or the town will have to. Mr. Farrell asked to have an executive session with the council to go over some legal questions. They also discussed the various ways the council could go about appointing a cable commission and that theY could accept resumes or letters of interest, having the interested parties sign a re,.Iease, form so these letters could be discussed in executive session. Nr.. Farrell also advised that committee members use discretion involving any contact with cable, bidders. He said the ordinance could be ready for next weeks meeting. k1oxglil i,rom rice Manor Minarsich made a MOTION to adjourn. SECONDED by Counc-.i lcvorn:in Lemieux and CARRIED unanimously. The work session adjourned appro6mately 8:00 3.m, TWN WF Y"'l'v? ,1: HILLS Fohn . Cutillc Nla• .,•r ,ATTEST: Cassie B. Hansen, Town Clerk Town Council Minutes 5/.1,90 Page 2 of 3 0 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct coPy of the minutes of the work study and special session of the Town Council of Fountain Hills held on the 1st day of May, 1990. 1 further certify that the meeting was duly called and that a quorum was present. DATED this IB*"k- day of May, 1990. Cassie B. Hansen, Town Clerk Town Council Minutes 5/1/90 Page 3 of 3