KIRTLAND CITY COUNCIL MINUTES. April 6, 2015

Transcription

1 KIRTLAND CITY COUNCIL MINUTES April 6, 2015 The meeting of Kirtland City Council was called to order at 7:05 p.m. by Council President R. Robert Umholtz. Mr. Schulz led the prayer which followed the Pledge of Allegiance. The members of Council present were: William Catania, Douglas Davidson, Timothy Powell, Matthew Schulz, Robert Skrbis and R. Robert Umholtz. Absent: David Kirek. Administrative personnel present were: Law Director Daniel Richards, City Engineer Philip Kiefer, Service Administrator Carm Catania, Police Chief Wayne Baumgart and Fire Chief Anthony Hutton. TIME WARNER CABLE Dorian Waller, Manager, Government Relations Council President Umholtz stated that in response to Council's request, Miss Waller agreed to attend the Council meeting on behalf of Time Warner. Ms. Waller advised that she has been with the cable company for many years and through a couple of acquisitions, and she noted that she has a background in customer service. She stated that she will assist with anything that she is able to do, and if necessary she will take residents' names and contact information and get back to them. Council President Umholtz inquired if Council members had any questions or comments. Councilman Powell noted that residents in his neighborhood noticed that there were differences in their bills for the same type of package; there is a lack of consistency. Mr. Powell noted that when residents call, they are told that they are on a promotion, but it is only good for one year and then the residents incur an increase. He noted that there seems to be a lack of consistency between the customer service provided on the telephone compared to the customer service provided when a customer visits the store in Mentor. Ms. Waller stated that every resident has the same rate card, which starts with the basic tier of 12 or 13 channels; and with the addition of the standard service, these make up the basic service. She noted that customers can go beyond this service into digital services, with add-ons and premium channels. Ms. Waller noted that there are packaging plans available, including a new customer "teaser" to attract new customers. She stated that when existing customers call or come into the store, a representative will customize their service to their needs if the customer is not comfortable with their current service. Councilman Schulz stated that he has had some ongoing issues with the reliability of the internet service, noting that he frequently loses the internet connection. Ms. Waller stated that improvements have been made in speed and bandwidth; and she suggested that a service appointment would determine whether there are any problems with the lines. Responding to Councilman Schulz regarding price increases passed on to the customer, Ms. Waller stated that there are programming costs, which are greater with sports packaging, and local broadcast service fees. Ms. Waller stated that the cable company negotiates for these channels. Karen Kog stated concerns about increases in her bill, noting that she has made no changes to her service. Ms. Waller stated that the initial promotion cost would increase after one year, along with any equipment charges. Councilman Skrbis stated that it is challenging for a resident to know what type of service they have, because the names have changed; he suggested that she visit the Mentor store.

2 Kirtland City Council Minutes -2- April 13, 2015 TIME WARNER CABLE (continued) Hank Schenk stated that he was having service issues, and they (Time Warner) changed all of the connectors on the cable, at no charge, which made a huge difference; and they helped him save some money with some package changes. Mr. Schenk inquired about the cost of the boxes, noting that after a certain period of time they should be paid for. Ms. Waller stated that the continuing charge for the box covers maintenance and upgrades. Diane Brezec stated that when she added internet, she was told the price would be in effect for two years, but she was advised later that it was for only one year. She noted that it would be helpful if a written confirmation of any changes would be sent to the customer. Ms. Waller stated that letters are sent to the customer when it is getting close to the expiration of a promotion; she noted that changes made are shown on the bill. Ms. Waller noted that she will follow up with the resident concerning this issue. Responding to Ms. Brezec regarding competition, Ms. Waller noted that residents can choose satellite service. Hans Wichter stated concerns about a price increase with regard to a new promotion to replace one that is ending, along with cutting of channels without notification to the customer. He noted that Time Warner was unable to send him a confirmation of the changes. Mr. Wichter stated that he understands promotions for new customers, but he believes something should be done to benefit long-time loyal customers. Ms. Waller stated that when a customer calls with an issue, it is noted on the account, thereby providing a record of the call and any changes made. She noted that the account history will include any transactions on the account. Ms. Waller stated that sending out a confirmation of a transaction is not currently in the process, but she will take that concern back to the company. Councilman Skrbis suggested that it would be helpful if the customer's current promotion package expiration date could be shown on the monthly billing. Janet Jodlowski stated concerns about price increases, and she inquired about the contract that the City has with Time Warner and why there is not another choice for cable. Councilman Powell advised that Time Warner's lines are in the right-of-way, and the contract allows Time Warner access to service those lines. Mr. Powell stated that the cost would be exorbitant for another company to come in and put in their own lines. Mrs. Jodlowski also stated concerns about the service she received during a recent call to customer service. Ms. Waller noted that she will follow up with Mrs. Jodlowski in this regard. Bill Somnitz stated that he was assured that he would have 911 service with his Time Warner telephone since he decided to bundle; however, he noted that when the power is out, he has no telephone, computer or television, even though he has electricity with his whole house generator. Mr. Somnitz inquired why there is no telephone service when the power is out. Ms. Waller stated that if the Time Warner cable service is out, then the telephone service will be out as well; she noted that she will have a technical advisor look into this and respond to Mr. Somnitz. Councilman Schulz noted that Ron Fenstermaker, a resident who was present at a previous meeting, e- mailed some questions to him. It was noted that Mr. Schulz will forward the questions to Ms. Waller, and she will respond directly to Mr. Fenstermaker. Council President Umholtz advised that residents should let City Council know if any further questions arise, and those questions will be referred to Ms. Waller. Mr. Umholtz thanked Ms. Waller for attending the meeting.

3 Kirtland City Council Minutes -3- April 13, 2015 MINUTES OF THE MARCH 16, 2015 FINANCE COMMITTEE MEETING: Mr. Davidson moved to waive the reading of the minutes, with the second by Mr. Skrbis. The motion of Council passed by unanimous vote. Mr. Davidson moved to adopt the Minutes, with the second by Mr. Skrbis. ROLL CALL: MOTION CARRIED 6/0 (VOTING YEA: POWELL, SCHULZ, SKRBIS, UMHOLTZ, CATANIA AND DAVIDSON. VOTING NAY: NONE). MINUTES OF THE MARCH 16, 2015 COUNCIL MEETING: Mr. Skrbis moved to waive the reading of the minutes, with the second by Mr. Schulz. The motion of Council passed by unanimous vote. Mr. Skrbis moved to adopt the Minutes, with the second by Mr. Schulz. ROLL CALL: MOTION CARRIED 6/0 (VOTING YEA: POWELL, SCHULZ, SKRBIS, UMHOLTZ, CATANIA AND DAVIDSON. VOTING NAY: NONE). DEPARTMENT REPORTS: Fire Chief Anthony Hutton advised that the monthly report has been distributed. Police Chief Wayne Baumgart noted that the formal report has been distributed. Service Administrator Carm Catania advised that the Service Department has begun drainage work on Sperry Road, noting that this is an Issue 2 project. Councilman Schulz noted that there is a large pothole on Parkwood Drive. Mr. Catania stated that he will take care of it tomorrow morning. Councilman Skrbis stated that he received a letter from Renee Babic, a resident of Locust Drive, with regard to issues she is having with several cats belonging to neighbors; she provided copies of ordinances from the City of Willowick. Mr. Skrbis stated that he will pass this along to Mr. Eilerman for Planning and Zoning Commission consideration. Mr. Catania stated that he will see if there is anything in the code to address this; he requested that Mr. Skrbis provide him with her contact information. Mr. Skrbis advised that he received s from Mike Young, the neighbor that will be adjacent to the dog park; the resident heard that the dog park will be open 24 hours. Mr. Catania stated that he does not recall there being any discussion in that regard; he noted that he will look into this. Mr. Skrbis noted that he will also pass this on to Mr. Eilerman. City Engineer Philip Kiefer advised that his monthly report has been distributed. Law Director Daniel Richards gave no formal report and no questions were asked of him. MAYOR S REPORT/ANNOUNCEMENTS: STANDING COMMITTEE REPORTS: Councilman Powell noted that he will schedule a meeting to review the fee schedules.

4 Kirtland City Council Minutes -4- April 13, 2015 CORRESPONDENCE: PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA: OLD BUSINESS: NEW BUSINESS: RESOLUTION NO. 15-R-11 - A RESOLUTION ACCEPTING THE BID OF OSBORNE CONCRETE & STONE COMPANY FOR ROAD MATERIALS, AND DECLARING AN EMERGENCY. Read by title only. Mr. Skrbis moved to waive the three readings, with the second by Mr. Schulz. ROLL CALL: MOTION CARRIED 5/0/1 (VOTING YEA: POWELL, SCHULZ, SKRBIS, UMHOLTZ AND CATANIA. VOTING NAY: NONE. ABSTAINING: DAVIDSON). Mr. Schulz moved to declare an emergency and adopt, with the second by Mr. Skrbis. ROLL CALL: ADOPTED 5/0/1 (VOTING YEA: POWELL, SCHULZ, SKRBIS, UMHOLTZ AND CATANIA. VOTING NAY: NONE. ABSTAINING: DAVIDSON). RESOLUTION NO. 15-R-12 - A RESOLUTION TO AUTHORIZE AND APPROVE TRANSFER OF FUNDS FROM THE GENERAL FUND #100; CAPITAL PROJECT #300; CAPITAL PROJECT #306; SAID FUNDS TO BE TRANSFERRED BY OR BEFORE MAY 31, 2015 TO GENERAL OBLIGATION BOND FUND #600; IN THE AMOUNTS AND FOR THE PURPOSES SPECIFIED, AND DECLARING AN EMERGENCY. Read by title only and placed on First Reading. RESOLUTION NO. 15-R-13 - A RESOLUTION TO AUTHORIZE AND APPROVE TRANSFER OF FUNDS FROM THE GENERAL FUND #100; CAPITAL PROJECT #309; GENERAL OBLIGATION BOND FUND #600; SAID FUNDS TO BE TRANSFERRED BY OR BEFORE JUNE 15, 2015 TO GENERAL OBLIGATION BOND FUND #600; CAPITAL PROJECT #301 SPERRY ROAD; GENERAL FUND #100; IN THE AMOUNTS AND FOR THE PURPOSES SPECIFIED. Read by title only and placed on First Reading.

5 Kirtland City Council Minutes -5- April 13, 2015 NEW BUSINESS (continued): ORDINANCE NO. 15-O-14 - AN ORDINANCE AMENDING CHAPTER 1601 OF THE CODIFIED ORDINANCES OF THE CITY OF KIRTLAND, OHIO, TITLED "OHIO FIRE CODE"; SPECIFICALLY, SECTION , TITLED "ADOPTION OF STATE LAW RE PAYMENT OF FIRE LOSS CLAIMS," AND DECLARING AN EMERGENCY. Read by title only and placed on First Reading. RESOLUTION NO. 15-R-15 - A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE ONE (1) NEW 2015 CHEVROLET TAHOE SPORT UTILITY VEHICLE FOR USE BY THE FIRE DEPARTMENT, AND DECLARING AN EMERGENCY. Read by title only. Mr. Skrbis moved to waive the three readings, with the second by Mr. Schulz. For the benefit of the audience, Councilman Davidson stated that this vehicle, and the two in the following resolutions, were in the capital budget; he noted that the City is getting the best possible price and that it is an emergency because of a timing issue. ROLL CALL: MOTION CARRIED 6/0 (VOTING YEA: POWELL, SCHULZ, SKRBIS, UMHOLTZ, CATANIA AND DAVIDSON. VOTING NAY: NONE). Mr. Davidson moved to declare an emergency and adopt, with the second by Mr. Skrbis. ROLL CALL: ADOPTED 6/0 (VOTING YEA: POWELL, SCHULZ, SKRBIS, UMHOLTZ, CATANIA AND DAVIDSON. VOTING NAY: NONE). RESOLUTION NO. 15-R-16 - A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE ONE (1) NEW 2015 CHEVROLET TAHOE SPORT UTILITY VEHICLE FOR USE BY THE POLICE DEPARTMENT, AND DECLARING AN EMERGENCY. Read by title only. Mr. Skrbis moved to waive the three readings, with the second by Mr. Davidson. ROLL CALL: MOTION CARRIED 6/0 (VOTING YEA: POWELL, SCHULZ, SKRBIS, UMHOLTZ, CATANIA AND DAVIDSON. VOTING NAY: NONE). Mr. Schulz moved to declare an emergency and adopt, with the second by Mr. Davidson. ROLL CALL: ADOPTED 6/0 (VOTING YEA: POWELL, SCHULZ, SKRBIS, UMHOLTZ, CATANIA AND DAVIDSON. VOTING NAY: NONE). RESOLUTION NO. 15-R-17 - A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE ONE (1) NEW 2015 FORD INTERCEPTOR POLICE VEHICLE FOR USE BY THE POLICE DEPARTMENT, AND DECLARING AN EMERGENCY. Read by title only. Mr. Skrbis moved to waive the three readings, with the second by Mr. Schulz. ROLL CALL: MOTION CARRIED 6/0 (VOTING YEA: POWELL, SCHULZ, SKRBIS, UMHOLTZ, CATANIA AND DAVIDSON. VOTING NAY: NONE). Mr. Schulz moved to declare an emergency and adopt, with the second by Mr. Skrbis. ROLL CALL: ADOPTED 6/0 (VOTING YEA: POWELL, SCHULZ, SKRBIS, UMHOLTZ, CATANIA AND DAVIDSON. VOTING NAY: NONE). * * * * *

6 Kirtland City Council Minutes -6- April 13, 2015 CONTINUING CONCERNS: COUNCIL COMMENTS: Councilman Powell inquired about the expected delivery on the three vehicles. Fire Chief Hutton advised that the expected delivery is 12 weeks; with a couple weeks to get the Fire Department vehicle in service. Police Chief Baumgart stated that the Police Department vehicles should be in service within three weeks after delivery. Councilman Davidson noted that there was a comment from a neighboring community in a recent News- Herald article regarding Kirtland's budget, which was comparing their budget to Kirtland's budget and stating that Kirtland was spending $500,000 in deficit spending. Mr. Davidson noted that, in a subsequent paper, after the City advised the News Herald of the correction, the statement was retracted and corrected, because the City budget is in balance. Mr. Davidson stated his appreciation to the Administration for contacting the newspaper and correcting this. Council President Umholtz thanked the residents for attending tonight's meeting and providing their input. Mr. Umholtz thanked Councilman Powell for suggesting the forum with Time Warner to address the residents' concerns; and he thanked Helen Petersburg for her role in making the arrangements with Time Warner. PUBLIC COMMENTS: Kevin Potter, 7851 Russellhurst Drive, requested clarification regarding the emergency nature of some of the resolutions. Councilman Davidson noted that the 2015 budget was reviewed for several months, and within the budget are the capital requirements needed by each department. Mr. Davidson stated that the budget is passed in March, and the State's bid process ends in early April; he noted that there has been opportunity for comment during the budget process. Mr. Davidson noted that because the price will increase in April, it is important that the City acts on the legislation in a manner to save the City some money. Hank Schenk, 8955 Red Tail Lane, inquired about the process for Osborne winning the road material bid. Service Administrator Catania stated that the road materials bids were opened Thursday, noting that there were five companies bidding and that Osborne was awarded the bids. Mr. Schenk asked why the resolution was declared to be an emergency. Mr. Catania advised that without the emergency and waiving of the readings, the legislation would not be in effect for another seven weeks and work on the roads would be delayed. Council President Umholtz noted that Council does not waive the three readings for changes that affect the residents, such as changes in zoning, in order that anyone affected will have an opportunity to express their concerns. Councilman Skrbis stated that in most instances of emergency legislation, the City is saving funds by declaring an emergency. Police Chief Baumgart noted that the vehicles on tonight's agenda were in the budget, and the budget received three readings. Councilman Davidson added that emergency legislation is effective immediately; otherwise, legislation does not become effective for 30 days. Hans Wichter, Crestwood Drive, inquired about road repairs now that the road levy has passed, and which roads will be done first. Service Administrator Catania advised that he has prepared a tentative list of prioritized roads which he will review with the City Engineer, and then it will be presented to the Mayor.

7 Kirtland City Council Minutes -7- April 13, 2015 PUBLIC COMMENTS (continued): Diane Brezec, Crestwood, thanked Councilman Powell for bringing Time Warner to the Council meeting. ADJOURNMENT: Mr. Davidson moved to adjourn, with the second by Mr. Catania. The motion of Council passed by unanimous vote and the meeting adjourned at 8:25 p.m. President of Council Clerk of Council