2004 0225 Special City Commission Meeting

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Summary Minutes: Special City Commission Meeting February 25, 2004 City of Sunny Isles Beach, Florida Exhibit "A", Paragraph 9c, last sentence, delete the word "ordinance", it should read section 8(f) "of the Cable Franchise Ordinance". Vice Mayor Goodman asked if this Cable Company has been in the cable business before or is it a new company? Todd Wells, Attorney for Atlantic Broadband, said that Atlantic Broadband was formed in August 2003 for the purpose of acquiring 208 franchises including the franchises in South Florida. He said that their entire management team has more than 20-25 years of experience in the cable business, and their CEO was the President of America Cablevision which was one of the largest cable companies in the country, and with their five senior executives together have combined more than 100 years in high management positions. Commissioner Thaler asked if the City would have the equipment up and working by the March 28th event, and City Manager Russo said that we are already set up to have the event video taped, edited and perhaps after a week, broadcast it on our cable access channel. He said that the IT Director had been working with the local consultant for Charter, and will get the tape deck, mixing, and various equipment necessary to upgrade the modulator for the Government access channel to cablecast that event, and that he wants that section of the program implemented as soon as possible. City Manager Russo said the equipment to broadcast the Commission Meetings will be placed in the new City Hall, and that, in time, we will have the field equipment and then train people. Mayor Ede1cup said that he read in Exhibit "A" that there were no planned increase in rates, however it goes on to say if there is, it could happen within 30 days, and asked for an oral commitment from someone here that there will not be an increase in rates for a defined time. Mr. Wells said that they are not a rate regulated entity, but as part of this transaction, there will be no rate increase due to the acquisition of Charter, and he said it was appropriate for him to say that they will not be increasing their rates for a period of one year in this community, however, if programming costs go up, then they will have to be able to absorb that cost. Mayor Edelcup said that as long as it was a cost pass through, then that is not a problem, but if there is a profit added then he would have an objection to that. Mayor Edelcup said that the City contract runs to 2009, and Mr. Wells said yes and that Atlantic Broadband is assuming all of the obligations under the franchise agreement and the City's ordinances. Henry Kay said that one concern he has is that the cost of the equipment should be committed not the maximum monetary commitment, but the commitment for the specific equipment, and City Manager Russo said that it is handled in the agreement, as the equipment needs to be accomplished, installed, and done in less than ten months because it relates to the new City Hall, therefore this equipment will be ordered as soon as possible within the next two to three weeks. Mr. Kay also said he is concerned about the Page 2 of 4