10/08/07 Council Meeting Minutes

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REGULAR MEETINGOCTOBER 8, 2007 their elected City Officials from the Mayor on down to the Council to let them in on the ground floor of where this public access is going because they are the ones that have built it to what it is today. They give people non-stop public access for fourteen years and he knows that a lot of the Councilmember’s have seen his show. Mr. Poindexter feels that he gives the community what he feels they need such as a religious experience; he gives them an educational experience and things that are going on in the community. Like tonight, people won’t be able to see this Council Meeting to see what is going on. He stated that it is the Council’s duty to prod whoever is in charge of this to get public access up and going and put him in on ground zero with this thing. He stated do not let somebody come in that doesn’t know the people and take over. Councilmember Varner stated that he had a conversation with Mr. Poindexter as far back August 28, 2007, when the letter first appeared. The letter basically stated that due to the change in the State Legislature, Comcast would still broadcast tapes but they would not provide personnel or equipment to make or produce the tapes. Since that time, the Council has been waiting for other information that has not arrived and relayed that information to Mr. Poindexter. He took the liberty of contacting WNIT since they are going to be residents of South Bend. Now, at this point and time, the issue that the Council is dealing with is whether or not the Council Meeting’s are going to be broadcast. The issues that Mr. Poindexter brought up about WNIT are certainly something that the Council should have some say in where the City is concerned. At this point and time he stated that he can’t tell anymore other than that because of the lack of progress and someone taking the initiative to go to WNIT and see if in fact there is a possibility. So that’s where it is at this point and time at least from the Council’s perspective. He stated that he is not sure if the Administration has gotten any further on their own. COMMENTS FROM MS. CAROL DAVIS REGARDING COMCAST rd Ms. Carol Davis, 623 S. 23 Street, South Bend, Indiana, stated like Mr. Poindexter, she has an access program called “Your Right to Know.” She stated that she has invited several Councilmember’s to be on the program. Prior conflicts have prevented them from attending. She stated that they have had several of the City’s agencies like The Youth Service Bureau, Police Department and several others along with various support groups. Ms. Davis stated that she would like to continue their programs, but she would like to see the City Council likewise aired, along with the South Bend Community School Corporation Board. She noted that Mr. Poindexter can film and edit and that he should have brought his equipment tonight to tape this meeting. She noted that the Council is lacking their voice on television. The public needs to know what is going on at these meetings. She stated that she is trying to save everyone’s voice over the airwaves. Ms. Davis stated that if they can save just one station, there is a good possibility that they could have up to four (4) different access stations for South Bend. Councilmember Rouse asked Kathleen Cekanski-Farrand, Council Attorney to give an overview on the legislative action that has caused this confusion and the ceasing of public access. Kathleen Cekanski-Farrand, Council Attorney, stated that it is her understanding that the new State Law took effect July 1, 2007. As Dr. Varner as mention, the way that the Indiana Legislature enacted the legislation there is a requirement to continue to have a channel available for public access, however, with regard to either personnel or equipment that is not required and basically, Comcast has stated that the way they see it would not be a level playing field, since they are providing that at a cost to them. She stated that Mr. Gilot said that the contract that the City has in effect with Comcast is in effect until the year 2010 that the revenue stream will continue to the City of South Bend, and again, at one of the Personnel and Finance Committee that Dr. Varner, Vice- Chairperson, stated that the Mayor was to be setting up a meeting with the officials from Comcast and again in light of this being the Indiana Association of Cities and Towns Week, that many of the public officials are attending that conference in Evansville, that upon their return that they do plan to bring the Council up to date with regard to that. She also added that Councilmember Varner stated that in addition to WNIT he also asked for information to be forthcoming from the public library and to see if any of the other communities like Hammond, Mishawaka or Valparaiso who have received similar letters 33