05/27/1997a
May 27, 1997 Special Meeting
A Special meeting of the Board of Trustees of the Village of Deerfield was called to order by the
Clerk in the Council Chamber of the Village Hall on Tuesday, May 27, 1997 at 8:00 P.M. The Clerk-
called the roll and announced that the following were:
Present: Bernard Forrest
Marvin Ehlers
John H. Heuberger
Harriet E. Rosenthal
Edwin B. Seidman
Vernon E. Swanson
Michael Swartz
and that a quorum was present and in attendance. Also present were Village Manager Robert Franz
and Attorney Sheila Beary- Quinn.
Mayor Forrest read a statement (attached as part of these minutes) indicating why this Special Board
meeting was scheduled. He then called on Jesse Rotman, Chairman of the Cable and
Telecommunications Commission, who reported that the Commission had accomplished all of its
objectives in negotiating both a new Franchise Agreement and the Transfer of the Cable System to
Telecommunications, Inc. (TCI), and that they recommend approval of the ordinance and resolution
before the Board this evening.
ORDINANCE 0 -97 -22 AUTHORIZING Trustee Rosenthal made a motion, seconded by Trustee
RENEWAL OF FRANCHISE AGREE- Ehlers, for a waiver of the rules to pass the Ordinance
MENT WITH POST - NEWSWEEK CABLE Authorizing Renewal of Franchise Agreement with
Post - Newsweek Cable. The motion passed.
Trustee Rosenthal made a motion, seconded by Trustee Swartz, to pass the Ordinance. Trustee
Seidman said that he will vote against the Ordinance because of the bad reputation TCI has earned in
the cable industry. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Swartz, Swanson (5)
NAYS: Seidman (1)
Following the vote, Mayor Forrest and the Village Clerk signed the Franchise Agreement.
RESOLUTION R -97 -09 AUTHORIZING Trustee Ehlers made a motion, seconded by Trustee
TRANSFER OF CABLE FRANCHISE Swartz, to pass a Resolution Authorizing the Transfer
AGREEMENT FROM POST - NEWSWEEK of the Cable Franchise Agreement from Post -
CABLE TO TELECOMMUNICATIONS, Newsweek Cable to Telecommunications, Inc. (TCI).
INC. (TCI) The motion passed by the following vote:
AYES: Ehlers, Neuberger, Rosenthal, Swartz, Swanson (5)
NAYS: Seidman (1)
The Board thanked the Cable and Telecommunications Commission for all of their work in completing
this transaction.
EXECUTIVE SESSION Trustee Swartz made a motion, seconded by Trustee
Swanson, to go into executive session to discuss land
acquisition. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz, Swanson (6)
NAYS: None (0)
ADJOURNMENT Trustee Rosenthal made a motion, seconded by Trustee
Heuberger, to adjourn the meeting. The motion passed
unanimously and the meeting was adjourned at 8:16 P.M.
/nom U&III
Lo Village Clerk
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APPROVED:
Mayor
Mayor Forrest's Statement
Cable TV Franchise Renewal/Transfer
May 27,1997 Special Board Meeting
Over the past three years, the Cable and Telecommunications Commission has
been in active negotiations with Post - Newsweek Cable (and most recently
representatives of TCI) regarding the renewal of the Cable Franchise
Agreement.
During these negotiations, the Cable Commission undertook an "ascertainment"
process to determine the Cable and technology needs of the Village and its
residents. This involved a Village -wide survey and two public hearings. During
the renewal process, the Village was informed that the existing Franchise was
to be transferred from Post Newsweek Cable to TCI. Unfortunately this
extended the renewal process, as more parties and uncertainty were introduced
into the process. The Commission (with Village Board consent) took the
position that the expiring Franchise could not be transferred until it was
renewed. '
The Village worked with other neighboring Post - Newsweek Cable
communities to coordinate the transfer process while updating them of the
Village's renewal efforts, specifically in the area of public access.
The Board was informed that the surrounding communities approved a system
transfer resolution that was contingent upon all communities approving prior to
June 1, 1997. Unless Deerfield approved the transfer by that date, the Cable
operator .would have to secure approval from the other 11 Post - Newsweek
Cable communities all over again.
On May 19`h, the Board approved the .Renewal Subcommittee's report and
directed preparation of an ordinance. Because of the above deadline, however,
the Board agreed to hold a special meeting this evening to act on both the
Franchise Renewal and Transfer to TCI.