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HomeMy WebLinkAboutMinutes Cable Communications Commission - 10/25/2004 425 26 MINUTES ory�� uG CABLE COMMUNICATIONS COMNIISSION /4) �; October 25,2004 192 ON'tc-Avs PRESENT ABSENT 'DD C1T'i �F�OG� c;' Chairman Richard Pulido,Norma Tones, Adria Palacios se 'e, •Sylvia Dancer and Juan Garcia,Jr. gl-`Z`ti0%6$1' City Staff Oscar Martinez, Assistant City Manager, Susan Cable, Director of E-Government Services, Lisa Aguilar, Assistant City Attorney, and Holly McCarty,E-Government Services Cable Operators Paula Kolda,Time Warner Chairman Richard Pulido called the meeting to order at 6:10 p.m. and verified the necessary quorum. The minutes from October 11, 2004 meeting were reviewed and approved. Juan Garcia, Jr. motioned to approve the minutes and Sylvia Dancer seconded the motion. All Commissioners approved. 1. CONSIDERATION AND POSSIBLE ACTION REGARDING EXECUTION OF MEMORANDUM OF AGREEMENT BETWEEN THE CABLE COMMUNICATION COMMISSION AND NUPAC TO RECERTIFY NUPAC, INC. AS THE CHANNEL 10 PUBLIC ACCESS GROUP— Richard Pulido stated that during the City Council meeting on October 19, 2004 the Council indicated that they would like the Cable Communications Commission and NUPAC/Channel 10 PAUG to come to an agreement. However, Mr. Pulido said consideration of an agreement maybe delayed because he received some news from the Secretary of State that NUPAC voluntarily dissolved their organization as of October 22, 2004. He noted that he was not sure if they should enter into an agreement with an organization that is dissolved and would like some input from Legal and Oscar Martinez, Assistant City Manager. Mr. Martinez stated that he thought the issue should be tabled pending consideration of the appeal by City Council during the next meeting on October 26, 2004. Norma Tones asked if it would mean that the Commission would have to extend the lottery and give additional two weeks or until further notice for producers. Lisa Aguilar stated that the Ordinance is now set for date certain, but the amended ordinance going to council will allow for the lottery to be postponed. Cruz Colomo stated she was advised of the information on Friday and the person who is responsible was not present at that time.She talked to the Secretary of State Attorney and the person who is responsible for submitting the dissolution could face a federal crime. She also said the person who,did it is from Houston and did the same thing there. She stated that Jack Gordy has continuously hurt the group and knew before everyone else that NUPAC was going to be dissolved. She said that in the previous Council meeting, the City Council stressed that this issue should be resolved by the next council meeting. She said that since the organization's dissolution did not come from current board members,they continue with agreement to proceed with what is best for the City of Corpus Christi. Mr. Pulido stated the Commission does not have a problem working together,but has a problem signing a contract with an organization that is dissolved according to the state. Mrs. Tones suggested that the issue be tabled until after a resolution by the state. She stated that this will give Ms. Colomo time to reorganize to resolve internal conflicts, produce a new set of by-laws, and amend the complaint process. Ms. Colomo stated that she would have the dissolution resolved in a week. Mr. Pulido said that the letter has dissolved the appeal process. Mrs.Tones stated that the other issue is that this is with NUPAC and many producers have stated they want to belong to the Channel 10 SCANNED • PAUG, but not to NUPAC. Mrs. Aguilar stated NUPAC is also certified to be the Channel 10 PAUG. Juan Garcia asked what options the Cable Communications Commission has. Mrs. Aguilar said that the Commission can table the item or can go ahead with agreement with stipulation pending NUPAC's resolution with the state. Mrs. Colomo stated the she agrees and agreement can be done with a provision and the state with the issue can be resolved in two to three weeks. Roland Garza said that he thinks there should be a separation between the Channel 10 PAUG and the studio because there is a group of producers who only want to get their programs aired and do not want to be involved with the studio contract. He also said now is the opportunity to separate the two issues. Emile Bolden stated that he could leave the meeting tonight and by 3:00 p.m. the next day he will have the articles of incorporation of a non-profit organization.He also said that it is in the best interest of the Commission to recognize NUPAC as the ad hoc group that was certified by the'City and that as a property owner he prays that the lord will give everyone rational minds to solve without calling the Attorney General. Jack Gordy stated that Mrs. Colomo was elected on April 22, 2004 (6 months ago) and she should have already filed paperwork and gone to Mann St. to file the necessary paperwork with the Texas Comptroller's Office. He is not even sure why the organization was dissolved, but a problem is Mrs. Colomo does not want to talk with anyone. Mr. Gordy recommended putting everything on hold and keeping the PAUG and the studio separate. Mrs. Colomo said that she did not come to the meeting to be attacked and she did not have any records until the Commission asked Bob Klepac to bring any documents he has to her. She also said she has the names and numbers of all the people she has talked with at the state and they told her she could not do anything until the issues with the IRS have been resolved. Ronald Byers explained that he had tried to save public access from being destroyed, but there are individuals who have charged him with felony crimes. Mr. Byers said the equipment sitting in the studio is analog, old and breaking down. Mrs. Torres stated that the Commission does not have anything to do with the studio or the equipment. Javier Flores wanted to let the Commission know how things were going. He said there is always someone at the church to receive the tapes and the postmaster will be donating a mailbox for late night tape drop off. He can only talk about the producers he has talked with,but many are happy with the new procedures. Mr. Pulido thanked Mr. Flores for donating his church and has heard nothing but good from both sides. Chairperson Pulido stated that he knows Mr. Klepac is not a member of the PAUG, but would like to hear from Bob. Norma Torres said that she does not think this is an issue for the Commission and does not think the Commission needs to hear from Bob regarding this matter. Mr. Pulido commented that the Commission is not here to investigate the matter and would like to hear from Mr. Klepac because all they have heard is what was from Mrs. Colomo. Mrs.Torres said that Mr. Klepac has not been here for the whole meeting and may not be able to defend something he has not heard. Mrs. Aguilar said that it is up to the Commission to decide to hear from Mr. Klepac. Mr. Klepac said that the only reason he sent the information to the state is because he had legal liability and wanted to save him of any legal litigations that could arise. He also said that he checked with an attorney on several occasions to be sure what he was doing was legal. Mr. Pulido recommended to the Commissioners that they needed to decide whether to table the issue and put a deadline or go ahead and sign a conditional agreement. Juan Garcia stated he was concerned about the lottery because there was an agreement with Time Warner to get the applications in. Mrs. Torres said that she feels the matter needs to be tabled because of the issue with the state and agrees with Mr. Garcia to see what needs to occur as far as the PAUG is concerned. She explained she thinks a poll needs to be done and the lottery needs to be moved to November 18, 2004 to give all producers the opportunity to submit an application and possibly have a vote that evening to decide how they will be represented. She also said that the application needs to be resolved. Mr. Pulido said that he has been working with all groups and have made some changes to the application for producers to fill out. Mrs. Torres asked Mrs. Aguilar if the item is tabled tonight, can the appeal still go to City Council the next day and Ms. Aguilar responded yes. Mr. Pulido motioned to recommend to Council to table recertification until legal action has been taken by the state. Sylvia Dancer seconded the motion.All Commissioners approved. Mr. Pulido motioned the Cable Communication Commission to conduct the lottery as scheduled. Sylvia Dancer seconded the motion. Commissioners Richard Pulido, Sylvia Dancer, Juan Garcia approved. Commissioner Norma Tones disapproved. Mr. Booker stated that he has been a member of NUPAC and there should have been no way one person could have dissolved the organization. Someone should have received some papers quarterly. Mr. Bradford stated that there has been suffering for two years and he is a former officer. He also said he will be glad when the Bob Klepac situation has been cleared and said it is time for the producers to be heard and a new election will be held. Mr. Pulido asked everyone to look at the application and make any suggestions to revise. He explained that only one signature is required on the application and that March 2, 2002 should read March 2, 2004. This application is the one that will be used henceforth. He said that Time Warner will go over standards at the next lottery. Mrs.Tones suggested that forms be in triplicate (one for Time Warner,one for PAUG,and one for City). Mr. Garza pointed out that number 9 on the second page is not clear and suggested -it to read "....statements in this document for obtaining.......Statement of Compliance, I may forfeit......" Mrs. Aguilar stated that the lottery has not been posted with 72 hours of the lottery date. Mr. Martinez recommended that the Commission delegate to have City staff conduct the lottery. Mr. Pulido motioned to rescind motion to hold lottery on October 28 by the Cable Communications Commission. Juan Garcia seconded the motion. All Commissioners approved. Mr. Pulido motioned to have city staff conduct lottery on October 28 with Time Warner. Juan Garcia seconded. All Commissioners approved. 2. ADJOURNMENT—Juan Garcia, Jr.moved to adjourn the meeting and Norma Tones seconded the motion.All Commissioners approved. The meeting adjourned at 8:00 p.m.