09/22/98 Board of Public Works Special Meeting Minutes

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SPECIAL MEETING TUESDAY, SEPTEMBER 22, 1998 A special meeting of the Board of Public Works was convened at 5:30 p.m. on Tuesday, September 22, 1998, by Board President James R. Caldwell, with Mr. Lewis N. Powell and Ms. M. Catherine Roemer present. Also present was Board Attorney Michelle Engel and Richard Nussbaum, City Attorney. Mr. Jim Peterson and Mr. Tom Cantrell, TCI of Michiana, were also present. PUBLIC HEARING - RENEWAL OF FRANCHISE AGREEMENT WITH TCI BY THE SOUTH BEND BOARD OF PUBLIC WORKS Mr. Caldwell advised that this was the date set for the Board's Public Hearing concerning the renewal of a Franchise Agreement with TCI by the South Bend Board of Public Works. This Public Hearing was continued from August 27, 1998. This Public Hearing was recorded by the Clerk of the Board. Mr. Jim Peterson, General Manager of TCI, introduced himself and stated that TCI was reviewing new terms of the Agreement. He further stated that TCI was looking at expanding the service and upgrading, but at this time, it was unknown what the expansion and upgrade would consist of. Mr. Tom Cantrell, TCI, stated that TCI reviews the input of customers and is concerned about their complaints and requests. He explained that digital cable is being offered to customers, which brings more channels. TCI also benefits area schools. He stated that the Agreement should meet everyone's needs and bring good service to customers. Thirty-four (34) citizens of St. Joseph County spoke in opposition of the renewal of the Franchise Agreement. The following are comments and requests from the citizens: * Need broader programming * TCI not giving customers what they want; would like VH1 and WTTW back * Give customers a voice in programming * Customers are not given an opportunity to tell TCI what they want * What are the other cable services and what are their restrictions? * A fifteen year contract is too long * What are the terms of the Agreement? What does TCI intend to do? * Customer service department of TCI is not helpful; Service time takes too long * What are the future upgrades? * TCI needs to keep pace with the technological future * The Board of Public Works needs to take a closer look at the Agreement * Opposition to advanced billing Mr. Caldwell stated that the Board of Public Works may vote on a decision at the October 5, 1998 regular meeting. Mr. Caldwell stated that the Agreement is a public document, and it would be available in the Legal Department, between the hours of 8:00 a.m. and 4:45 a.m. Mr. Nussbaum stated that the Legal Department is negotiating with TCI, and that outside representation is not necessary, as the City's legal counsel has the experience and expertise to negotiate the Agreement with TCI. There being no one else present wishing to address the Board concerning this matter, the Public