02-13-12 Common Council Meeting Minutes

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REGULAR MEETING FEBRUARY 13, 2012 in all ways approved, and the Mayor of South Bend is authorized to execute this Agreement on behalf of South Bend. Section II. The South Bend Board of Public Works shall do all things necessary and appropriate to effectuate the terms of the Agreement and is designated as South Bend's agent for the performance of those duties allocated to South Bend under the terms of Exhibit "A". Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Varner, Chairperson, Information & Technology Committee, reported that this Committee held a Public Hearing this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. th Gary Gilot, President, Board of Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that on May 9, 2011, the South Bend Common Council adopted Resolution No. 4099-11 supporting community-wide public access television for the broadcasting of public, educational, and governmental programming, and recommending that this be done cooperatively with South Bend, Mishawka, St. Joseph County, and the private sector. Mr. Gilot stated that after several months of planning and conferring with the City of Mishawka, the County of St. Joseph and WNIT Television, South Bend has arrived at a Local Service Agreement with these entities that will provide a public and government access channel through the services of WNIT Public Television. Councilmember Dieter asked what provisions from the City of Mishawaka and St. Joseph County have been made for the future for their financial obligations. He questioned whether they have an ordinance a resolution or a stamped notarized IOU? Mr. Gilot advised that the Local Government Service Exchange Agreement provides the duties for South Bend, Mishawaka and St. Joseph County. He stated that they have sent a letter that they have money in their budget to partner with the City this year. He stated that he hoped everyone would be quite pleased with the results of WNIT and there will be plenty of time for budget deliberations for 2013, but after several years of absence and direction from the Council they are ready to contract and get that going. Mr. Gilot noted that South Bend, Mishawaka and St. Joseph County are subject to annual appropriation by the Council. There is no long term commitment. The agreement says that this will go for five (5) years renewable by its terms, but it’s also says that it is subject to annual appropriation by the fiscal bodies. Mr. Gilot advised that all South Bend is on the hook for is $65,000.00 for this year if approved. He stated that if the money is used and no other appropriations are made then you have a project that goes south and is off the air again or a lot of times it can be worked through it seems most reasonable people would see the equity in the proportion of the franchise fees and there is an active constituency that wants to provide this service to a demographic group that is not very internet savvy. Council Attorney Kathleen Cekanski-Farrand advised a point of order the agreement as proposed requires the Board of Public Works and Safety because it is a combined board in Mishawka to sign just like the Board of Public Works has signed for South Bend and it would also require the Board of County Commissioners to approve. Mr. Gilot advised that it includes subsequent years. He stated that because they have stated clear expectations for the second year and they are signing onto this contract even if there were a disaster it subject to annual appropriation by the respective fiscal bodies, 22