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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 17 L__J 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.