12/29/03 Board of Public Works Special Meeting Minutes

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445 SPECIAL MEETING DECEMBER 29, 2003 A special meeting of the Board of Public Works was convened at 8:12 a.m. on Monday, December 29, 2003, by Board President Gary A. Gilot, with Mr. Donald E. Inks present. Mr. Carl P. Littrell was not present. Also present was Board Attorney Thomas Bodnar and Attorney Aladean DeRose. ADD AGENDA ITEMS Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following items were added to the agenda: - Award Quotation - Fiber Optics Extension (Toll Road) - Project No. 103-032D - Services Agreement - GIS Website Development - Schneider Corporation ADOPT RESOLUTION NO. 86-2003 - AUTHORIZING A TEN YEAR EXTENSION OF THE CABLEVISION FRANCHISE AGREEMENT WITH THE CITY OF SOUTH BEND Ms. Aladean DeRose, Assistant City Attorney, was present and stated that the City of South Bend entered into a fifteen (15) year Franchise Agreement with then TCI in November of 1998, which expires on December 31, 2013. The City of South Bend was to determine if Comcast provided the required upgrades and substantial service specified in the Agreement. Ms. DeRose stated that the Agreement terms do not provide the City with the ability to modify the original Agreement. The City of South Bend held a Public Hearing on November 17, 2003, to give an opportunity for the citizens of South Bend to provide any comments or thoughts concerning the Franchise Agreement. There were approximately six (6) citizens who attended the Public Hearing to submit their concerns. Citizens were invited to submit comments via e-mail, in addition. Approximately fifteen (15) e- mails were directed to the City of South Bend concerning cost of service, programming and the public access channel. Ms. DeRose recommended approval of the ten year extension of the Franchise Agreement. Mr. St. Clair Poindexter, and his son Gabriel, were present. Mr. Poindexter stated that he believes Comcast is in breach of the Agreement. The Agreement states "first come, first serve" for programming on the public 'access channel, and his programs have been pre-empted by other programming. His programs have been televised a week later. Mr. Poindexter stated his editing equipment is much more advanced, and that he does not use Comcast equipment. In addition, Mr. Poindexter noted that Mr. Jim Peterson of Comcast indicated that the use of Comcast equipment may be used at no charge, however, Mr. Poindexter has been charged in the past. He believes the City and its citizens are being taken advantage of financially by Comcast. Further, Mr. Poindexter stated employees of Comcast are not trained fully to run the programming. Mr. Poindexter believes that outside consultants could set up the programming. There is only one (1) public access channel which covers St. Joseph, Marshall and Elkhart counties in Indiana, as well as in Edwardsburg, Michigan. Ms. DeRose stated that Comcast has complied with the upgrades. The viewing area now has more thanl25 analog/digital/video channels, and that the City of South Bend is satisfied with the upgrade task. In addition, Ms. DeRose cited Section 3.16 of the Agreement. Mr. Gilot stated the City of South Bend will work with Mr. Poindexter in improving the public education access channel. The City will have on -going dialogue with Comcast concerning this issue. In addition, Comcast will provide a five-year report review. Further, the Board asked Mr. Poindexter to advocate and to gain support from the community for improving the public access educational channel, with possible advisory assistance from Ivy Tech or IUSB. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 86-2003 WHEREAS, on October 19,1998 the Board of Public Works ("Board") of the City of South Bend, Indiana entered into a Cable Television Franchise Agreement ("Agreement") with the Heritage Cablevision Associates, Inc., d/b/a/ TCI of Michiana, Inc. ("TCP'); and