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HomeMy WebLinkAbout06 0928 minThe Plainview City Council met on September 28, 2006 at 5:30 p.m. in the Plainview ISD Education Complex, 2411 Yonkers, Plainview, Texas 79072. The agenda for this meeting was posted in City Hall at 4:45 p.m. on September 25, 2006. Dr. Ron Miller Presided. City Officials & Staff Present: Mayor John C. Anderson, Councilmember Kelvin Tipton- District 1, Councilmember Cathy Waggoner-District 2, Councilmember Belinda Pena- District 3, Councilmember John N. Bertsch-District 4, Councilmember Ron Trusler- District 5, Councilmember Wendell Dunlap-District 6, Councilmember Roland Nash- District 7, Greg Ingham-City Manager, Leslie Pearce-City Attorney and Belinda Hinojosa-City Secretary School Officials & Staff Present: Daniel Rascon, Rocky Favila, Adam Soto, Brandon Brownlee, Phil Cox, Wes Naron, Drew Travis, Dr. Ron Miller, Rudd Owen, Dee Blevins, Andrea Ingram, Gene Whitfill, and Rusty Ingram News Media Representative: Richard Porter-Plainview Daily Herald PISD Board President Daniel Rascon delivered the invocation. Dr. Ron Miller presented information on the Cable TV Channel use by Plainview ISD. He stated the Board is interested in broadcasting their meetings live and broadcasting other avenues of the school district. He stated there are blank channels at this time. He turned over discussion to Gene Whitfill. Mr. Whitfill stated he spoke to Suddenlink Vice President in Lubbock regarding creating a channel for PISD. They stated they provide three channels only and that is all they feel obligated to provide. Since then he has spoken with the City to see if we could share Channel 15, but he has been advised that Channel 15 is for use as a blackout channel only and that sharing Channel 14 would be too difficult. He stated he did not know what was the best way to go. FCC rules states they are to provide a school channel, but were advised that Channel 6 was that channel. He stated he asked about Channels 36 and 47 and stated those channel could provide $150,000 to $300,000 in annual income and weren't interested in giving up one of those channels. Greg Ingham, City Manager stated Channel 15 is specifically stated as a black out channel and cannot be used for anything else. At the recent franchise transfer, the City tried to acquire an additional channel, but such was not possible. He introduced City Attorney Leslie Pearce. Leslie Pearce, City Attorney stated that a coalition of cities joined together when cities were negotiating the franchise transfer. She talked to them about adding another channel and stated no additional services would be provided. She contacted the Varnum Law firm and they advised that a black out channel was that, a black out channel and that such could not be shared. She gave an example whereby that such as in tornado season, some individuals leave that channel on at night so that if a weather alert came on they would be able to hear it. If any changes were attempted to be made to the current franchise then such would make the franchise fall under state level requirements. There are eight years left in the current franchise and the City 41 City Council Minutes September 28, 2006 Page 1 of 3 42 would like to keep it under local control. She stated what happens at federal level could affect Texas and we could end up in a worst situation. She read a letter from the Varnum law firm which stated: • Letter is based on our twenty-two years of representing communities on cable matters, including our experience negotiating cable franchises, renewals, and transfers for hundreds of communities across the country, including yours. • The Federal Cable Act contemplates that franchise renewal is the time when the need for additional channels for schools or the like is considered. Not having received a channel in the 1999 renewal, under Federal law the next opportunity for the schools would be when the current franchise expires in 2014. • The only way the City is likely to be able to obtain a channel for the schools at this time (if Suddenlink would even consider such a request) is by the City giving up significant benefits. Under Federal law outside of the formal renewal or transfer process, the City has no leverage for asking for additional or different benefits from the cable company, and would therefore not be in a position to negotiate an additional channel without giving up some significant benefit to the cable company. • In our experience, in current franchise discussions cable companies are almost uniformly demanding opt out provisions that would allow them to escape their franchise obligations if proposed Federal cable legislation is passed. The presence of such a provision might wipe out the franchise and thus the educational channel it was traded for, as well as harming the City in many other respects, and thus is to be avoided. Mr. Ingham stated that there could be possible conflicts if the government channel were to be used for council meetings and general public information, he stated we could be basically heading in a collision course. He stated the City would very much like to work with the school board and that Leslie had checked every angle. Mr. Brandon Brownlee asked if anyone had approached Wayland Baptist University. Mr. Whitfill stated that Wayland would probably be open and that he was not opposed to visiting with Wayland. Dr. Miller stated that back in the 90's the current administration gave up all rights to a local TV channel for PISD. He stated the district at that time did not have any interest in such and that Channel 6 was not part of the negotiations. Mayor Anderson advised that WBU Channel 6 is considered the educational channel. Gene Whitfill stated that WBU might be another option to pursue and that the Wayland currently works with televising graduation. Dr. Miller stated that he appreciated the work that Leslie Pearce and Greg Ingham had done. There was no action taken on the matter. City Council Minutes September 28, 2006 Page 2 of 3 43 Dr. Miller presented information regarding baseball stadium renovations. He gave a brief history of the situation. He stated in August 2005 the Office of Civil Rights ("OCR") sent individuals to visit with coaches and athletes as well as conducting on-site inspections regarding a complaint that there were discriminatory discrepancies between PISD boys' and girls' sports programs, He stated that most allegations were unfounded. There was one discrepancy found regarding the lack of dressing facility at Bulldog Park. Rudd Owen, Attorney for PISD stated that when they came to check on the girls' allegation, OCR came up with a problem regarding boys' locker room at baseball field. They signed agreement to provide interim locker room at Plainview High School. He explained the different timelines to get the matter resolved. Dr. Miller stated they are looking at one double wide building that would be divided between home and visitors. Daniel Rascon stated that renovations at baseball field would probably cost about $250,000. Greg Ingham suggested that each entity appoint a couple of folks to work through. The City kept the members originally appointed being Kelvin Tipton, Wendell Dunlap, Mayor Anderson, Leslie Pearce and Greg Ingham. The School appointed Rock Favila, Brandon Brownlee, Drew Travis, Rudd Owen and Ron Miller. There was no action taken on the matter. There meeting was adjourned at 7:32 p.m. .1~.~~(,GcGuJ ~ o v Belinda Hinojosa City Secretary 1 City Council Minutes September 28, 2006 Page 3 of 3