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HomeMy WebLinkAbout08/27/98 Board of Public Works Special Meeting Minutes(-,`)M" SPECIAL MEETING AUGUST 27, 1998 A Special Meeting of the Board of Public Works was convened at 10:10 a.m. on Thursday, August 27, 1998, in Recital Hall at Century Center, South Bend, Indiana. Board President James R. Caldwell, with Mr. Lewis N. Powell and Ms. M. Catherine Roemer present. Also present was Board Attorney Michelle Engel. In accordance with State law, the Board of Public Works conducted a public hearing for consideration of an application for renewal of TCI's franchise agreement. The Board heard evidence relative to the legal character, fiscal condition, technical expertise, responsiveness of TCI of Michiana to customer complaints, the performance of TCI under its current franchise agreement, any proposed changes in the television system in compliance with terms, standards, and conditions of Chapter 7 of the Municipal Code of the City of South Bend. The meeting was taped. Mr. Jim Peterson, General Manager, TCI of Michiana, stated that he would respond to questions. Attendees at the public hearing objected to the short notice of the public hearing. The South Bend Tribune published a small notice on the morning of August 27, 1998. Ms. Angela Jacob, stated that the Notification of Adoption of Resolution for Renewal of the Franchise Agreement for TCI was faxed to the front desk of the South Bend Tribune as well as was published in the Legal Section of the South Bend Tribune and the Tri-County News, on August 14, 1998 and August 21, 1998. These documents were faxed on August 10, 1998. Ms. Mary Aikens, 1220 Hillcrest Road, South Bend, Indiana, was present, and stated that the placement of the Legal Notice in the South Bend Tribune was not enough to notify citizens of the public hearing. Ms. Aikens stated that TCI uses false advertisements, and that TCI does not offer what the citizens want to watch. Additionally, viewers from other areas of Indiana and the country pay less for their bills. Other cable companies treat their customers better than TCI. TCI does not give a credit for when cable is not working, and does not give the customers an opportunity to select which stations they want. Other attendees voiced the same concerns. Ms. Nancy Sulak, South Bend Tribune, questioned the validity of the notice of the public hearing and date(s) submitted. She mentioned the Indiana Open Air Meeting Act, which requires public entities to notify the newspapers of public hearings. Ms. Jacob, Clerk, stated that the notice was faxed to the City Desk and the Legals department. Ms. Engel stated that the notice complies with the Act. It was noted that the agreement would be for a fifteen (15) year period, and any company is welcome to approach the City of South Bend for a franchise. The City does not solicit companies for a franchise. Mr. Caldwell reminded attendees to keep comments pursuant to the renewal of the franchise agreement. Ms. Roemer stated that the Board of Public Works does not run or operate TCI. Mr. Jim Peterson, General Manager of TCI of Michiana, stated that they provide service to the schools for their education, i.e., cable in their classroom. They try to provide a wide range of service, and, of course, cannot provide every service which everyone wants. TCI stated that their customers are happy. Attendees stated that everyone they know and talk to, are dissatisfied. Technology regulates how many programs TCI can provide. The increase of viewing bans is dependent on technology. There being no other discussion, the public hearing was closed. Upon a motion made by Mr. Caldwell, seconded by Mr. Powell and carried, the Public Hearing be continued until September 9 at 7:00 p.m., due to the lack of concerned citizens. Mr. Caldwell stated that a date would be set later in September for the Public Hearing, which would be published. SPECIAL MEETING AUGUST 27, 1998 A Special Meeting of the Board of Public Works was convened at 10:10 a.m. on Thursday, August 27, 1998, in Recital Hall at Century Center, South Bend, Indiana. Board President James R. Caldwell, with Mr. Lewis N. Powell and Ms. M. Catherine Roemer present. Also present was Board Attorney Michelle Engel. In accordance with Federal law, the Board of Public Works conducted a public hearing for consideration of an application for renewal of TCI's franchise agreement. The Board heard evidence relative to the legal character, fiscal condition, technical expertise, responsiveness of TCI of Michiana to customer complaints, the performance of TCI under its current franchise agreement, any proposed changes in the television system in compliance with terms, standards, and conditions of Chapter 7 of the Municipal Code of the City of South Bend. The meeting was taped. Mr. Jim Peterson, General Manager, TCI of Michiana, stated that he would respond to questions. Attendees at the public hearing objected to the short notice of the public hearing. The South Bend Tribune published a small notice on the morning of August 27, 1998. Ms. Angela Jacob, stated that the Notification of Adoption of Resolution for Renewal of the Franchise Agreement for TCI was faxed to the front desk of the South Bend Tribune as well as was published in the Legal Section of the South Bend Tribune and the Tri-County News, on August 14, 1998 and August 21, 1998. These documents were faxed on August 10, 1998. Ms. Mary Aikens, 1220 Hillcrest Road, South Bend, Indiana, was present, and stated that the placement of the Legal Notice in the South Bend Tribune was not enough to notify citizens of the public hearing. Ms. Aikens stated that TCI uses false advertisements, and that TCI does not offer what the citizens want to watch. Additionally, viewers from other areas of Indiana and the country pay less for their bills. Other cable companies treat their customers better than TCI. TCI does not give a credit for when cable is not working, and does not give the customers an opportunity to select which stations they want. Other attendees voiced the same concerns. Ms. Nancy Sulak, South Bend Tribune, questioned the validity of the notice of the public hearing and date(s) submitted. She mentioned the Indiana Open Door Law, which requires public entities to notify the newspapers of public hearings. Ms. Jacob, Clerk, stated that the notice was faxed to the City Desk and the Legals department. Ms. Engel stated that the notice complies with the Act. It was noted that the agreement would be for a fifteen (IS) year period, and any company is welcome to approach the City of South Bend for a franchise. The City does not solicit companies for a franchise. Mr. Caldwell reminded attendees to keep comments pursuant to the renewal of the franchise agreement. Ms. Roemer stated that the Board of Public Works does not run or operate TCI. Mr. Jim Peterson, General Manager of TCI of Michiana, stated that they provide service to the schools for their education, i.e., cable in their classroom. They try to provide a wide range of service, and, of course, cannot provide every service which everyone wants. TCI stated that their customers are happy. Attendees stated that everyone they know and talk to, are dissatisfied. Technology regulates how many programs TCI can provide. The increase of viewing bans is. dependent on technology. There being no other discussion, the public hearing was closed. Upon a motion made by Mr. Caldwell, seconded by Mr. Powell and carried, the Public Hearing be continued until September 9 at 7:00 p.m., due to the lack of concerned citizens. Mr. Caldwell stated that a date would be set later in September for the Public Hearing, which would be published. SPECIAL MEETING TEST: Angela . Jacob, Cler AUGUST 27, 1998 BOARD OF PUBLIC WORKS fames R. Caldwell, President fa—'� p I Lewis N. Powell, Member AC atherine Roemer,M 1 1