11/08/76 Board of Public Works Minutes

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RE- GULAR MEETING NOVEMBER 8, 1976 COMPLAINT AGAINST VALLEY CABLEVISION Tim Zeak of the South Bend Antenna Company, and a representative of Hatt's Antenna Service and PZolenda.'s Antenna Company were present. Mr. Zeak said they were appearing in response to the letter received by the Board from Valley Cablevision last week regarding the radiation leaks which are interfering with signal reception by some antenna company customers. Mr. Zeak said, despite the claim in the letter, he is not receiving cooperation from Valley Cable - vision to correct the situation. Mr. Zeal-, said he must make four or five calls before anyone from Valley Cablevision will talk to him. Mr. Zeak said this situation is occurring in many areas of South Bend, not just in River Park as Valley Cablevision stated in their letter. He said his attorney has contacted Valley Cablevision on his behalf with no satisfaction. Mr. Zeak noted that Valley Cablevision is in violation of F.C.C. rulings regarding these leaks. Fie asked that the Board schedule a meeting with Valley Cablevision and the City Attorney at which time Valley Cablevision should be asked to answer charges as to -Thy their franchise agreement should not be revoked. Mr. Zeak then read eleven reasons why he felt their franchise should be revoked. Mr. Farrand advised Mr. Zeak that the Board has written to the Federal Cor.,nunications Commission requesting a response in regard to this matter and are awaiting a reply. 11r. Brunner noted that Legal.Interne Terry Crone corresponded with the F.C.C. and a response was received on Friday. Mr. Brunner said a.report from Mr. Crone on that reply would be made next Monday. Mr. Farrand asked Mr. Zeal; if he would submit his eleven complaints against.Valley Cablevision in writing to the Board for consideration next Monday and Mr. Zeak agreed to do this. Mr. Farrand noted that any other antenna representatives who wished to submit written material next Monday for the Board's consideration could do so. Mr. Brunner noted that a member of his law firm represents Valley Cablevision. There- fore, to avoid any possible conflict of interest, he will not make any decisions on this matter and will ask that Mr. Crone of his staff work in conjunction with the Board's Attorney, Georgia Luks, on the matter. Mr. Brunner said, in order that the Board be objective, he would abstain from further action on the matter. Mr. Farrand then advised that this matter would be on the agenda for the November 15 meeting for further consideration. PETITION FOR VACATION WITHDRAWN - HINDSLEY, INC. AND AAA CREDIT UNION Wilfred Mavette, Attorney for Hindsley, Inc. and AAA.Credit Union, petitioners for the vacation of the north -south alley between Bendix Drive and Goodland, requested that the Board withdraw the petition from further consideration. Mr. Farrand noted that the rezoning petition for this location was denied by the Common Council and, therefore, the petitioner does not wish to proceed. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the request to withdraw the vacation petition was approved. BID AWARDED SUBJECT TO FUNDING - STREET DEPAE'RIENT TRUCKS Joseph Ga-,.rrysiak, Street Commissioner, recommended to the Board that the low bid of Shamrock Ford be accepted for two trucks for the Street Department. The unit price of the bid was $11,518.58, with the net bid for two trucks being $23,037.16. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Board accepted the bid of Shamrock Ford for two trucks at a total price of $23,037.16, subject to final approval of the appropriation of the funds. PROJECT COMPLETION AFFIDAVIT APPROVED FOR PLAZA PARF: The Project Completion Affidavit for Plaza Park, Project R-66, was submitted to the Board. The project had a total cost of $203,403.93, and approval of the completion affidavit was recommended by Rollin E. Farrand, Director of Public Works, and Patrick McMahon., Manager of the Bureau of Public Construction. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the completion affidavit was approved.