HomeMy Public PortalAbout01-17-1985 3?
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, JANUARY 17, 1985
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met
2 in regular session January 17, 1985 at the hour of 9:00 A.M. in the Municipal
3 Building in said City. Ms. Maness presided with Mr. Brown and Ms. Silberstein
II 4 in attendance. The following business was had to-wit:
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6 APPROVAL OF MINUTES OF JANUARY 10, 1985
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8 Ms. Silberstein moved to approve the minutes of the previous meeting as prepared,
9 seconded by Mr. Brown and on unanimous voice vote the motion was carried.
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11 APPROVAL OF CLAIMS FOR PAYMENT
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13 Mr. Brown moved to approve claims as presented for payment, seconded by Ms.
14 Silberstein and on unanimous voice vote the motion was carried.
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16 TABLED ITEMS
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18 Termination of Probationary Police Officer
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20 Ms. Silberstein moved to approve the termination of Probationary Police Officer
21 Forrest Hughes, effective immediately, seconded by Mr. Brown and on unanimous
22 voice vote the motion was carried.
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24 DEPARTMENT REQUESTS AND COMMENTS
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26 Purchasing Department
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28 Awarding of Salt Bid for 1985
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30 On the recommendation of Rita Stout, Ms. Silberstein moved to award the bid
31 for salt for 1985 to Domtar Industries, Inc. at 31.00 per ton, F.O.B. Richmond,
32 seconded by Mr. Brown and on uanimous voice vote the motion was carried.
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34 Options to Relieve Pigeon Problem
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36 Ms. Stout told the Board that she had talked with a Mr. Hawkins regarding
37 his offer to hand catch the pigeons and then they are sold to persons training
38 bird dogs. The cost would be 1.00 per bird and they have estimated 2000 birds
39 would need to be eliminated in the area.
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41 Ms. Maness stated that Mr. Barden is drafting an ordinance placing the responsibity
42 for removal of such nuisances as pigeons on the property owner and would like
43 to keep the options for removal of existing pigeons under advisement.
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45 Law Department
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47 Equipment Protection Agreement - Public Works Director
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49 Mr. Barden explained that the City has found it necessary to have equipment
50 protection agreements for employees using their own equipment on the job.
51 This will enable the City to have insurance protection on this equipment in
52 case it would be stolen or damaged. Mr. Willis is currently using much of
III53 his own surveying equipment for city business and the agreement would only
54 cover the equipment while being used for city business.
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56 Ms. Silberstein moved to approve and execute the Equipment Protection Agreement
57 between the City and Mr. Ralph Willis, seconded by Mr. Brown and on unanimous
58 voice vote the motion was carried.
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60 Police Cruiser Settlement
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62 Mr. Barden told the Board that a settlement- had -been negotiated with Tetry._Bond,
63 Kelly Hicks and David Hicks for damages to the K-9 car of the Police Department
64 in an accident on October 13, 1984. The settlement was for 3,700.00 and was
65 a 70% settlement. Mr. Barden feels it is a fair settlement.
Board of Works Minutes Cont'd
January 17, 1985
Page 2
1 Ms. Silberstein moved to ratify the Release in the settlement between the City
2 of Richmond and Tony S. Bond, Kelly J. Hicks and David Hicks in the amount of
3 3,700.00, seconded by Mr. Brown and on unanimous voice vote the motion was carried.
4 111.
5 Use of N.W. 7th Extension by Public
6
7 Mr. Barden explained to the Board that the extension of N.W. 7th Street was
8 complete except for some landscaping which cannot be completed until weather
9 allows. Manville Corporation has requested to use the extension prior to final
10 acceptance of contract.
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12 Ms. Silberstein questioned when it would be dedicated as a public right of way
13 and Mr. Barden commented that upon final acceptance it would become a public
14 right of way.
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16 Captain Wogoman told the Board that all traffic signs are in place on the extension
17 of N.W. 7th Street.
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19 Ms. Silberstein moved to allow public useage of the extension of N.W. 7th Street
20 pending completion and final acceptance of contract, seconded b - 7:Mr. Brown and
21 on unanimous voice vote the motion was carried.
22
23 Board of Public Works
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25 Policy Statement regarding Proof of Insurance for City Sanctioned Activities
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27 Ms. Maness read the following policy statement requiring Proof of Insurance
28 for City Sanctioned Activities and Events .
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30 Effective January 1, 1985, the Board of Public Works and Safety of the
31 City of Richmond, Indiana will require the sponsors of any activities or
32 events approved or required to be approved, by this Board or by the Parks
33 and Recreation Board of the City of Richmond to submit to the Office of
34 the City Clerk proof of insurance for such activity or event, with the
35 City of Richmond named as the co-insurred, at least thirty (30) days prior
36 to the beginning date of the activity or event. In the event that such
37 proof of insurance is not received by the Office of the City Clerk as stated,
38 any approval, permission or other sanction given by this Board or by the
39 Parks and Recreation Board will be automatically revoked without further
40 action by either Board, and may be reinstated only after submitting another
41 formal request for approval to the applicable Board, accompanied by such
42 proof of insurance. This policy shall henceforth be a condition which
43 automatically attached to all applicable actions of the Board of Public
44 Works and Safety and of the Parks and Recreation Board of the City of Richmond,
45 Indiana.
46 Ms. Silberstein moved to adopt the policy regarding Proof of Insurance for City
47 Sanctioned Activities and Events, seconded by Mr. Brown and on unanimous voice
48 vote the motion was carried.
49
50 Fire Department
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52 Ms. Maness acknowledged receipt of a Travel Log for an out of town trip by the
53 Fire Chief to Indianapolis to Fire Prevention Commission in a City owned vehicle.
54
55 MISCELLANEOUS BUSINESS
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57 Ms. Maness requested Mr. Barden to clarify an editorial appearing in the Palladium
58 Item regarding rate control of the Cable being the responsibility of the Common
59 Council. Mr. Barden stated that Federal Statute talks about the control being
60 under the Common Councils, but that in the State of Indiana the control falls
61 under the jurisdiction of the Board,of Public Works and Safety.
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Board of Works Minutes Cont'd
January 17, 1985
Page 3
1 Notice of Default to Clearview Cable
2
3 Ms. Maness read the following letter being sent to Clearview Cable TV by
4 registered mail.
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6 RE: Notice of Default
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8 Dear Mr. Cody,
9
10 Please be advised that you are hereby notified, pursuant to Section 13
11 of the Franchise Agreement dated January 8, 1981, between the City of
12 Richmond and Clearview Cable TV, that the City considers the Company
13 to be in default of such Agreement by its failure to perform the following
14 covenants:
15
16 1. Section .10 - That the Company has failed to establish and maintain
17 reasonable standards of service and performance to
18 its customers as are consistent with generally accepted
19 practices and standards in the trade of community
20 television antenna, systems .
21 2. Section 10(a) - That the Company has failed to maintain_a completely
22 modern high band CATV twenty (20) channel system.
23 3. Section 11 - That the Company has failed to at all times maintain
24 and furnish telephone answering service and system
25 maintenance service to patrons daily from 7:00 a.m.
26 until 10:00 p.m.
27 4. Section 12 - That the Company has failed to install signal distribution
28 facilities to all areas of the City with a population
29 density of fifty (50) homes per mile of system or
30 more, within reasonable time.
31 5. Failure to provide a public/educational/governmental access channel.
32 Section 15 of the Franchise Agreement specifically recognizes
33 and acknowledges anticipated federal regulation of cable television,
34 adn the Company specifically agrees therein to be bound by such
35 anticipated Federal laws and r egulations limiting or restricting
36 the cable operator in a greater degree than it is limited by the
37 Franchise Agreement. Section 606 of the Federal Cable Telecommunications
38 Act of 1982 is such an anticipated and agreed to restriction,
39 and requires the Company to provide, as a system with 20 or more
40 chanels, 10 percent of actually and technically available channels
41 for PEG access. It is the City's position that the Company is
42 therefore required by the franchise to provide one public, educational,
43 or governmental access channel; and that the Company is in default
44 on this requirement. The City does not consider the arrangement
45 with RP&L concerning the provision, for pay, of a color weather
46 radar channel to fulfill such requirement; but rather considers
47 it to be either an attempt on the Company's part to fulfill its
48 10 percent "other programmers" requirement under the 1982 Federal
49 Telecommunications Act, or as the optional channel mentioned in
50 Section 10(a) of the Franchise Agreement.
51
52 Additionally, we have been unable to find any record of any assignment, with
53 the consent of the Board of Public Works and Safety, of the Franchise Agreement
54 from the signator, Clearview Cable TV, a Joint Venture, to the current cable
55 operator, Tele-Communications, Inc. Unless evidence ofsuch an assignment
56 with such consent is forwarded to the Office of the City Clerk within seven
57 days from receipt of this letter, you are notified that the City considers
58 the Company to be in default of its covenant contained in Section 19 of the
59 Franchise Agreement.
60
61 We expect the Company to fully perform the covenents, the default of which
62 you are herein notified, within sixty •(60) days of your receipt of this letter.
63 The failure of the Company to so perform may result in the city exercising
64 its rights under Section 13 of the Franchise Agreement.
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a°
Board of Works Minutes Cont'd
January 17, 1985
Page 4
1 We look forward to your cooperation in complying with the terms of the franchise.
2
3 /s/ Cathy A. Maness
4 John Brown
5 Susan Silberstein
6 111
7 Letter to Clearview setting date for Public Hearing on Rate Increase
8
9 Ms. Maness read the following letter addressed to Mr. Rich Cody, Manger of Clearview
10 Cable TV.
11
12 Dear Mr. Cody,
13
14 The Board of Public Works and Safety of the City of Richmond has determined
15 that the rate changes filed by your company with the City Clerk on January
16 7, 1985 should be reviewed, and has set the matter for informal discussion
17 at a public meeting on Thursday, January 31, 1985 at 7:00 p.m. in the Common
18 Council Chamber of the City Building for the purpose of examining the
19 requested changes, in accordance with the Franchise Agreement. Your attendance
20 at this meeting is respectfully requested.
21
22 /s/ Cathy A. Maness
23
24 Ms. Silberstein moved to set January 31, 1985 at 7:00 p.m. in the Council Chambers
25 of the City Building as the time and place to hold an informal discussion on
26 the proposed rate increase of Clearview Cable TV, seconded by Mr. Brown and
27 on unanimous voice vote the motion was carried.
28
29 Letter to Director of FCC regarding Channel 13 (WTHR)
30
31 Ms. Maness read the following letter directed to the attention of the Director
32 of the Federal Communications Commission.
33
34 Dear Sir:
35
36 I am writing in my capacity as President of the Board of Public Works and
37 Safety of the City of Richmond, Indiana, which is charged with the duty
38 of overseeing compliance with a cable franchise existing between the City
39 of Richmond and Clearview Cable TV, a subsidiary of Tele-Communications,
40 Inc.
41
42 We wouldappreciate very much receiving a current list of "must-carry" television
43 stations for our Richmond, Indiana market. In particular, we were surprised
44 to note in an August, 1982 listing of "must-carry" stations that WTHR of
45 Inl=dianapolis, (Ch. 13) was listed as a "must-carry", as it is currently
46 not a part of the basic Cable TV service offered here, and has additionally
47 been assigned to an extremely weak band which results in its not being
48 effectively carried to a large portion of our franchise area. Is WTHR
49 currently a "must-carry" station, and, if so, is there any requirement
50 that it be effectively carried and/or carried as part of the basic service?
51
52 Any information you could provide in this regard is greatly appreciated.
53
54 /s/ Cathy A. Maness
55
56 The Board stated that this letter was being sent since the Cable Company indicated
57 that they would request an offset for Channel 13 from the FCC and have not given
S8 the City any indication that this has been done.
59
60 Ms. Silberstein moved to adopt all communication read into the minutes to Clearview
61 Cable TV and to also adopt the Notice of Default of Franchise Agreement, seconded
62 by Mr. Brown and on unanimous voice vote the motion was carried.
63
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Board of. Works Minutes Cont 'd
January 17; 1985
Page 5
1 PUBLIC REQUESTS AND COMMENTS
2
3 Ms. Maness stated that she has requested the Rose Festival-to withdraw their
4 request from the Agenda and return at a later date in order to give the Rose
5 Festival time to coordinate all their activities and bring all requests to
6 - the Board of Works for approval at one time.
7
8 Ms. Maness also stated that the meeting of the Board of Works scheduled for
9 •February 21, 1985 would be held on February 20, 1985 at 9:00 A.M.
10
11 A Resolution was also read honoring the 40th Birthday of William McDermott,
12 Economic Development Director.
13
14 ADJOURNMENT
15
'16 There being no further busines on a motion duly made, seconded and passed
17 the meeting was adjourned.
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19 7
20 0/12P/A�
21 Cathy Maness
22 President
23
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25 ATTEST: GY� �cuca�v
26 Mary M chanthouse
27 City Clerk
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