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HomeMy WebLinkAboutSBCCF Min 1990-09-24 . . . SEAL BEACH CABLE COHMUNICATIONS FOUNDATION BOARD OF DIRECTORS MEETING MARY WIlSON LIBRARY September 24, 1990 The Board of Directors of the Seal Beach Cable Communications Foundation met in regular session at 7:30 p.m., on August 27, 1990. at the Mary Wilson Library, with Chairman, Mr. James Clow calling the meeting to order. PLEDGE OF AT.T,F.GIANCE Mr. Clow questioned the preference of the Board regarding the salute the Flag. He requested a motion that the Board decide if they did or didn't want to salute the Flag at the beginning of the Board meetings. Mr. Clow stated that the question was brought to his attention. After due discussion Mr. Yglesias motioned that the Board continued to salute the Flag at the beginning of every Board meeting. Mr. Clow seconded the motion with Mr. Mueller abstaining. AYES: Mr. Clew, Mr. Yglesias and Mr. Robertson NOES: None ABSTAIN: Mr. Mueller Motion Passes: 3-1 ROLL CALL: Directors present were Mr. Clew, Mr. Yglesias, Mr. Robertson and Mr. Mueller. Director Betty Dahlin was excused. Staff Support present: Suzan Grab and Pat Sharp Bill Gray, Comcast Cablevision was present. MINUTES OF AUGUST 27. 1990 After due discussion Mr. Robertson moved that the minutes of the August 27, 1990 Board Meeting be approved, Mr. Yglesias seconded motion. AYES: Mr. Clow, Mr. Yglesias, Mr. Robertson and Mr. Mueller NOES: None Motion Passes: 4-0 . . . Seal Beach Cable Communications Foundation Board of Directors Meeting September 24, 1990 Page 2 NEW FUNDING REOUE:STS A. Access Fees - Mike Melton This matter was held over due to Mr. Melton's absence. B. Tane stock - Buzan Grab After due discussion a motion was made by Mr. Yglesias to approve Ms. Grab's request for $955.45 to purchase tape stock for public access use. Mr. Robertson seconded motion. Mr. Yglesias amended his motion to request that Ms. Grab submit to the Board a yearly projection of tape use. Mr. Robertson seconded the amended motion. AYES: NOES: Motion Mr. Clow, Mr. Mueller, Mr. Robertson and Mr. Yglesias None Passes: 4-0 C. Access Fee - Bea Bovlin This matter was held over due to Ms. Boylin's a,bsence. D. - E. Access Fee - Trula Thomcson After due discussion a motion was made by Mr. Yglesias to approve the access fees in the amount of $40.00 for Ms. Thomspon's production of "Not Yet, But Soon" and $25.00 for the cost of production of "Plutonium." Mr. Mueller seconded said motion. AYES: NOES: Motion Yglesias, Mr. Robertson and Mr. Mueller Mr. Claw, Mr. None Passes: 4-0 . . . Seal Beach Cable Communications Foundation Board of Directors Meeting September 24, 1990 Page 3 F. - L. Access Fee - Lois Cohn After due discussion a motion was made by Mr. Mueller to approve access fees and expenses in the amount of $395.00 for Mrs. Cohn's productions of "Problem SOlving," "Christiane, Amber, Rob, Paul, Ringo, George and John, "Days of OUr School," "Journal Writing (Kids and the Classics), n "Lit Around the World" and "3 Classroom Highlights." Mr. Yglesias seconded motion. AYES: NOES: Motion Mr. Clow, None Passes: 4-0 Mr. Mueller, Mr. Robertson and Mr. Yglesias OLD BUSINESS CHECKS FROM SEPTEMBER Checks requested in September, 1990 were approved by the Board. FINANCIAL REPORT FROM THE CITY Mr. Mueller advised the Board that the Foundation was solvent. Ms. Sharp informed the Board that she had requested Mr. Thomas to forward her the financial reports which she, in turn, would pass on to the Board prior to each monthly meeting. Mr. Rob Roy asked the Board of the possibility of access producers receiving their checks every two weeks, as there have been long delays in getting paid. Mr. Clow stated that he was concerned about the fact that there had been a two month waiting period for some producers not receiving checks. Ms. Sharp told the Board that the reason they were late was because of Mr. Thomas' vacation and end of fiscal year work at city Hall. PROGRAMMING UPDATE - Bill Grav Mr. Gray advised the Board that the Sand Castle Contest was shot on 9/8/90 and was in the process of being edited and should be finished soon. He also stated that they were in the process of pre-production for the Los Alamitos Football games on 9/27/90 and 10/4/90. Mr. Gray advised the Board that Jymm Adams had a request for funds to rent a slow-motion machine for the . . . Seal Beach Cable Communications Foundation Board of Directors Meeting September 24, 1990 Page 4 football games. The cost of rental is per game is $400. A motion was made by Mr. Yglesias to approve $800. for the rental of a slow- motion machine for the above-mentioned foottwo ball games. Mr. MUeller seconded said motion. AYES: NOES: Motion Mr. Clow, Mr. Mueller, Mr. Robertson and Mr. Yglesias None Passes: 4-0 Mr. Gray also advised. the Board that he had been contacted by Si1lllll0ns Cable of Long Beach regarcUng the Los Alamitos/Lakewood football game requesting permission to play the program on their cable system. si1lllll0ns guaranteed that they would show all the credits associated with SBTV. Mr. Gray felt that bicycling tapes was a good way to show what Seal Beach has to offer and to the benefit of the Foundation. Mr. Yglesias questioned why Si1lllll0ns would want to show a Lakewood football game when they don't service the Lakewood area. Mr. Gray stated that he didn't know the answer. Mr. Clow felt is was a good idea to show our programs in other c01lllllunities, but questioned what benefit we would receive in return. Mr. Gray, again, stated that we would receive the full credits at the end of the program. Mr. Mueller questioned. if there would be a problem with lending the program to si1lllll0ns. As an example of what Si1lllll0ns does for Comcast Mr. Gray related to the Board that Si1lllll0ns has done a program promoting the Seal Beach Dog Pound and they didn't charge for doing the programming and did Seal Beach a service by showing the pets that were available. Mr. C10w stated that he had tuned into Channel 3 last week and there were 3 people being interviewed and one of the women being interviewed held up a picture showing "ten young men laying a bed naked" and that he was appalled at see such progra1llllling on our public access channel. Ms. Grab asked what time it was shown and Mr. Clow was not sure and advised her to check her schedule of programs aired. Mr. Clow stated that he felt we didn't need that type of bicycling in our c01lllllunity. Mr. Clow asked who reviewed programming prior to airing, Ms. Grab stated that she did the reviewing. Mr. Clow described the persons on this particular show and that there was an "A" on the front of the podium. Ms. Grab stated that it might possibly have been the American Atheist Forum. Mr. Clow felt that we shouldn't have to show that type of programming. Mr. Mueller stated that he wasn't sure who had the right to review progra1lllll!ng prior to air time. Mr. Gray stated that he would find that type of progra1llllling personally offensive but he would have to review the program before he could judge what was taking place. Mr. Clow asked Ms. Grab if she had a copy of the program, she stated that she did and Mr. Clow asked her to let Mr. Gray review the tape of the program. . . . Seal Beach Cable Communications Foundation Board of Directors Meeting September 24, 1990 Page 5 Mr. Mueller made a motion to promote "blanket" bicycling as long as all credits are included and to work with cable operators that bicycle to us on a regular basis. Mr. Robertson seconded motion. After due discussion the motion was deadlocked. AYES: NOES: Motion Mr. Mueller and Mr. Robertson Mr. Clow and Mr. Yglesias Deadlocked: 2-2 Mr. Yglesias motioned that we bicycle the Los AlamitosjLakewood football game program tape to Simmons. Mr. Mueller seconded motion. Mr. Yglesias questioned why Simmons would want to air the Los AlamitosjLakewood football game. After due discussion the motioned was passed. AYES: NOES: Motion Mr. Clow, None Passes: 4-0 Mr. Mueller, Mr. Robertson and Mr. Yglesias AUDIENCE COMMUNICATIONS Mr. Pete Arnold, 1613 Seal way, Seal Beach, CA 90740. Mr. Arnold stated that he found some pictures regardinq the construction of City Hall which he presented to the Board. Mr. Arnold also brought a copy of a newsletter from the City of El Monte Public Access Corporation and suggested that the Board request a copy of the guidelines that El Monte Public Access uses. Mr. Arnold stated that he received a copy of quidelines used by Santa Ana which were obsolete, he presented an updated version of the quidelines to the Board. Ms. Sharp stated that she had contacted Santa Ana and received the updated copy of guidelines and that the Board had a copy of the guidelines in front of them tonight. Mr. Clow stated that he had received the older version of the Santa Ana guidelines from Mr. Jim Bequette and that he had Ms. Sharp copy and mail them to the Board members unaware that they were outdated. Mr. Mueller asked Mr. Arnold if there was anythinq in the Santa Ana guidelines that he didn't like. Mr. Arnold felt that they were very good guidelines for the Board to follow. . . . Seal Beach Cable Communications Foundation Board of Directors Meeting September 24, 1990 Page 6 FOUNDATION INSURANCE Mr. Yglesias reported to the Board that he had contacted several insurance companies but that there were only three insurance companies that insured entities such as the Foundation. He also stated that he received forms to be filled out by the Board in order to receive quotes on insurance rates, he had a range of $1,200 and $2,000 depending on tax statements, lawsuits that may have been encumbered, etc. Mr. Yglesias also stated that he and Mr. Clow met with Mr. Jim Bequette regarding the forms and Mr. Bequette has allowed Ms. Sharp to take the time to fill out the insurance forms. Ms. Sharp stated that she had filled out the forms but that there were some questions that she didn't have the answers to. Mr. Yglesias stated that it would take aDout 3 to 4 weeks to get a quote and then 4 to 6 weeks before they would write a policy. Mr. Mueller asked how this situation related to H.E. Cat. Mr. Yglesias stated the options as follows: (a) make a decision and live with the consequences of that decision; or (D) wait approximately 8 weeks for the insurance to De secured. Mr. Yglesias stated that he was not real comfortable with making a decision because it is a no-win situation. Mr. Clow told the Board that he had received a telephone call from Cat aSking whether or not the Board was going to make a decision or not. Mr. Clow told Cat that the Board would not decide because of the fact that the Foundation did not have insurance and would not make decision until insurance has been secured. Mr. C10w stated that it was brought to his attention regarding the insurance forms and asked Ms. Sharp to relate that information to the Board. Ms. Sharp advised the Board that on all of the insurance forms there was a question to the person signing the form. if they have any knowledge of any pending lawsuits, a threat of a lawsuit, etc. Cat stated at the August Board meeting that he was contemplating filing a lawsuit for 15 Million Dollars against the Foundation, the city of Seal Beach and Comcast Cablevision. Based on this fact, Ms. Sharp stated that she left the questions blank. Mr. Clow stated that he heard Cat say that he wouldn't file a lawsuit Dut he was not going to sign anything. Ms. Sharp made a suggestion to the Board that they contact an attorney for legal advice, >>ecause even if the Board did obtain insurance, it would help in the situation with Cat because he has already stated that he was ready to file a lawsuit. . . . Seal Beach Cable Communications Foundation Board of Directors Meeting September 24, 1990 Page 7 Mr. Arnold was concerned that there was no mention of pr09'ramming for the Seal Beach 75th Anniversary. Mr. Arnold felt that documenting the Anniversary was very important to the city of Seal Beach. Ms. Grab stated that it was on the production schedule. Mr. Arnold felt that the Anniversary should have substantial priority. Ms. Grab stated that they had planned to give substantial coverage of the events on Octo):)er 25, 1990, as well as the 10K Run. Mr. Gray stated that he would check on the production and give a report to the Board at the next meeting. The Board received a letter from Access producer, Peter Aninos regarding a private ):)usiness transaction with H. E. Cat and Cat showed up uninvited at a meeting at a Comcast production vehicle on Comcast premises, which is prohi):)ited, and Comcast stated that it was Mr. Aninos fault that Cat came to Comcast premises. Mr. Yglesias asked the Board their feelings on the Cat issue. Mr. Yglesias personally felt that without insurance he didn't want to make a decision, Mr. Clow concurred with Mr. Yglesias. Mr. Clow felt that every one deserved a second chance ):)ut he didn't want to "go out on limb without insurance." Mr. Clow stated that he received a letter from Director Betty Dahlin concurring with the decision of Comcast, that Comcast didn't want Cat on the premises in light of circumstances that happened in January, 1990. A copy of the letter is attached and incorporated herein as reference. Mr. Clow stated that Cat came to the Board and apolO9'ized for his actions and Mr. clow was still in favor of giving Cat a second chance. Mr. Ro):)ertson stated that he agreed with a part of Mrs. Dahlin's letter and that he was inclined to go with Comcast's decision to not let Cat return as an access producer. Mr. Clow stated that he and Mrs. Dahlin had a meeting with Jim Bequette and that Mr. Bequette told Mr. Claw and Mrs. Dahlin that is was the decision of the Board a):)out the Cat issue. Mr. Yglesias stated that he didn't know if Cat deserved a second chance and that the Board should retain an ar):)itration specialist if the Board was not going to have an advisory ):)oard. Mr. Yglesias asked Mr. Mueller's opinion on the matter. Mr. Mueller stated that the Board did need a process and that the matter has ):)een unfair to Cat for a long time. He also fel'!;. that the Board was the only chance Cat had and that it would pro):)ably another two to three meetings to make a decision ):)ecause of the lack of insurance. Mr. Mueller stated that he felt cat deserved a second chance. Mr. Yglesias stated that he was unhappy with the way Comcast handles its personnel pro):)lems, that Comcast was a small operation, run like a small ):)usiness and acted the same. Mr. Yglesias felt that Cat deserved a second chance ):)ecause he was not impressed with the personnel operations of Comcast. Mr. Ro):)ertson asked that if Cat was given a second chance, what would it do to Comcast, Ms. Grab . . . Seal Beach Cable Communications Foundation Boarci of Directors Meeting September 24, 1990 Page 8 and the rest of staff? Ms. Sharp stated that she dicbl't want to have anything to do with Cat because she would have to come in contact with Cat and that she would not wait to have anything done should such an adverse situation arise with Cat. Mr. Clew stated that it wouldn't be a company if everyone dicbl't stick together. Mr. Robertson stated that he felt that he was a part of Comcast because he did produce programs and was continuing to produce programs, and that he was very happy with the way things were run and when the Cat situation came, that he was been very upset. Mr. Yglesias stated that the Board needed an arbitrator and that the people that worked for Comcast were protective of each other and he respected that. Mr. Yglesias stated that the Boarci needed to go to the City to see if they would stand behind the Board regarding their decision. Mr. Arnold suggested to the Boarci that they immediately contact the City Attorney's office and find out how much it would cost, what guidelines they could follow and go forward immediately to expedite the insurance situation. He stated that Comcast gave the decision to the Boarci and if Comcast dicbl't like the decision then Comcast would again have to make a decision. Mr. Arnold stated that he didn't think that Mr. Bequette would contact Comcast's attorneys to sue the Foundation when Comcast made the decision to give the Board the decision. Mr. Gray stated that the reason for Cat's suspension was because of receiving payment for a production he produced, which is a federal violation of public access. Mr. Gray stated that Cat asked the Board to make a decision of reinstating his public access rights after Comcast had already made its decision to suspend his producer rights. Mr. Gray stated that he was standing up to defend Ms. Grab because he felt that she was right about the decision she made based upon the facts that she and her supervisor had at the time. Mr. Clow stated that he was going to contact the city Attorney to arrange for a meeting and. asked if anyone on the Board wanted to attend the meeting with him. Mr. Robertson and Mr. Mueller stated that they would attend. Mr. Gray stated that he would like to see the Board be able to make a decision and it would be beneficial to everyone in light of the fact that it has been difficult on everyone. Ms. Sharp stated that with regarci to the insurance forms, that Mr. Clow should take the forms to the City Attorney's office to better protect the Board because of some of the questions that couldn't be answered. . . . Seal Beach Cable communications Foundation Board of Directors Meeting September 24, 1990 Page 9 TAX MATTERS Mr. Mueller related to the Board that Mr. Roy Pritchett had completed the preparation of the Franchise Tax Board forms (Form 990) for 1990 and that they were mailed. Mr. Yglesias asked the Board about future forms to be filed. Ms. Sharp related to the Board that Mr. Pritchett was to present a proposal to the Board to prepare tax forms for the Foundation and relation to the forms, she stated that Mr. Pritchett brought the completed forms for the pass years to be mailed. Mr. Pritchett computed the following amounts to be attached to the 199 forms: 1987 - $65.00: 1988 - $65.00: and 1989 - $10.00. Mr. Pritchett's fee for preparing those forms was $720.00. Mr. Yglesias made a motion to approve the amounts to be paid for taxes along with Mr. pritchett's fee for a total of $860.00. Mr. Robertson seconded said motion. AYES: NOES: Motion Mr. Clow, None Passes: 4-0 Mr. Mueller, Mr. Robertson and Mr. Yglesias GUIDELINES/FOUNDATION Mr. Yglesias stated that he had made a statement at previous minutes and that he would like to alter the statement to create a committee involving a producer, a Board member, Mr. Arnold and someone from Comcast to review the guidelines and put something together for the guidelines. Mr. Clow stated that he previously asked Producer Rob ROY to be on the committee and he also asked Mr. Arnold if he would join the committee. It was the consensus of the Board to form a committee for review of guidelines of the following persons: Peter Arnold, Rob Roy, Jim Clow, and Bill Gray. The Board requested Ms. Sharp to contact the city of El Monte to request a copy of their guidelines. Ms. Sharp to contact committee members upon receipt of same. FOUNDATION BOARD MEETINGS It was the consensus of the Board to hold Foundation monthly meetings on third Monday of every month and that the meetings would be held at the Comcast Cablevision facilities, 201 - 8th Street, Seal Beach, CA 90740. The Board requested Ms. Sharp to make an announcement in The Journal regarding the changes of the meeting. . . . ~ Seal Beach Cable Communications Foundation Board of Directors Meeting September 24, 1990 Page 10 NEW BUSINESS FOUNDATION EOUIPMENT USE After due discussion a motion was made by Mr. Mueller to not release equipment to any producer if that producer owes any outstanding balances. Mr. Yglesias seconded motion. AYES: NOES: Motion Mr. Clow, None Passes: 4-0 Mr. Mueller, Mr. Robertson and Mr. Yglesias INVOICE FROM CITY OF SEAL BEACH After due discussion a motion was made by Mr. Mueller to pay $4,000.00 to the city's Finance Director for bookkeeping and treasury services for the 1989-90 fiscal year. AYES: NOES: Motion Mr. Clow, Mr. Mueller, Mr. Robertson and Mr. Yglesias None Passes: 4-0 CHECK REOUEST RE: FRANCHISE TAX BOARD Approved. See "Tax Matt~rs" under Old Business. INVOICE RE: ROY PRITCHETT Approved. See "Tax Matter under Old Business. LIABILITY INSURANCE TO CITY OF SEAL BEACH - S75.00 Mr. Clow stated that at the last meeting the Board approved funding for a program and in that request there was a fee required by the city of Seal Beach of $75.00 for liability insurance. Mr. Clow was under the impression that Comcast had insurance that covered the programming production. since Comcast paid a yearly fee to the City for insurance he questioned why we should pay again for productions. Mr. Gray related to the Board that the insurance amounts that Comcast pays to the City is for truck rental only and that the individual is responsible for any liability insurance and that Comcast is providing insurance for equipment and facilities for pOductions. In that context, the Foundation funds the opportunity to a person to produce programming . . . Seal Beach Cable C01I\1Ilunications Foundation Board of Directors Meeting september 24, 1990 Page 11 outside of the studio and therefore, that person is still liable for any claims and/or damages. The City suggested that a producer can sign a waiver holding the city harmless. By the Foundation funding the cost of programming the Board is essentially helping to cover the prOducer'S liability. Mr. Yglesias related to the Board that they will have to obtain insurance for the equipment. Mr. Gray stated that he would investigate the insurance policy of the Company and get back to the Board. ADJOURNMENT It was the consensus of the Board, and so ordered by the Chair. to adjourn the Seal Beach Cable Communications Foundation Board Meeting at 10:00 p.m. Transcribed by: ACCEPTED AND APPROVED: Q,~h ~~ ;;ames Clow ;' Foundation Chairman Date: I/) Ir{' / 9t? . I /'