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HomeMy WebLinkAbout12/29/03 Board of Public Works Special Meeting Minutes445 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 SPECIAL MEETING DECEMBER 29, 2003 WHEREAS, on October 27, 2003 this Board by and through Resolution No. 77-2003 authorized a temporary extension of the Agreement through December 31, 2003; and WHEREAS, a public hearing was scheduled and held on November 17, 2003 for the purpose of receiving input and comments from South Bend residents regarding COMCAST' S cable service, and the City continued to receive public comment via electronic mail through November 27, 2003; and WHEREAS, the Agreement provides at 3.17(A) that if the Grantee "undertakes and completes a system upgrade that expands the digital and analog capabilities of the system (i.e., that the existing system "be capable of transmitting a minimum of 125 channels combined, analog and digital, of video programing"), then this agreement shall be executed for an additional ten (10) years and expire at midnight on December 31, 2013; and WHEREAS, this Board is satisfied that the Grantee has completed the necessary system upgrades and is otherwise not in substantial breach of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend as follows: Section I. The Franchise Agreement between the City of South Bend and COMCAST (as successor to original Grantee TCI) originally entered October 19,1998 be and hereby is extended to and shall expire at midnight December 31, 2013. Section II. In addition to complying with all the terms and conditions of the Agreement as executed October 19, 1998, COMCAST has agreed to take all steps necessary to extend cable service to certain governmentally owned or operated buildings in downtown South Bend including the County -City Building and the Century Center. Section III. This Resolution shall be in full force and effect upon its adoption by the South Bend Board of Public Works. Dated this 29' Day of December 2003. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Gary Gilot, President s/Don Inks, Member ATTEST: s/Angela K. Jacob, Clerk AWARD BID - 2003 STREET LIGHTING SYSTEM UPGRADES - PROJECT NO. 103-068 COIT Mr. Carl P. Littrell, City Engineer, advised the Board that on December 22, 2003, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends that the Board award the contract to the lowest responsive and responsible bidder, Michiana Contracting, Inc., 7843 Lilac Road, Plymouth, Indiana, in the amount of $149,900.00, which is the Base Bid and Alternates 1, 2 and 3. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion which carried. TABLE BID AWARD - DEMOLITION OF PARKING STRUCTURE NO. 2 - ST. JOSEPH STREET AT JEFFERSON BOULEVARD - PROJECT NO 103-067 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, this agenda item was tabled. AWARD QUOTATION - FIBER OPTICS EXTENSION (TOLL ROAD) - PROJECT NO 103- 032D Mr. Toy Villa, Public Construction Manager, advised the Board that on December 22, 2003, one (1) quotation was received and opened for the above referred to project. After reviewing the quotation, t SPECIAL MEETING DECEMBER 29, 2003 Mr. Villa recommends that the Board award the contract to the lowest responsive and responsible bidder, Trans Tech Electric, 4601 Cleveland Road, South Bend, Indiana, in the amount of $74,580.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Inks seconded the motion which carried. APPROVAL OF SERVICES AGREEMENT - GIS WEBSITE DESIGN DEVELOPMENT AND HOSTING - THE SCHNEIDER CORPORATION Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and the Schneider Corporation, Historic Ford Harrison, Indianapolis, Indiana, for the above referred to project. Mr. Gilot noted that the Agreement is in the amount of $20,000.00 ($12,800.00 for website creation and $7,200.00 for website hosting.) Ms. Deb Martin, GIS Manager, stated the City would not require the full twelve (12) months of website hosting. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement was approved and executed, subject to financing. In addition, the website hosting portion of the Agreement would be on a month -to -month basis and a thirty (30) day written notice of cancellation for this portion of the Agreement. CLAIMS There were no claims presented at this meeting. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the meeting adjourned at 8:45 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President (��d P. X � a Carl P. Littrell, Member i."'e Donald E. Inks, Member AT ST: Angela K. Wcob, Clerk 1