Board Members Present:    Ginny DeMattei, Paul Pontrelli, Steve Rubin,Jose Gutman, Vince   Knight   & Michael Docks

 

Board Members Not Present:               Dominic Potenzini & Eric Marcus

 

Also Present:             Paul Valyo, Community Management & Construction, Inc.

 

Mr. Rubin opened the November 11, 2009 Special Board Meeting at 6:00 pm and welcomed all Board Members and Homeowner Members in attendance. Mr. Rubin stated the Special Meeting was called for the purpose of discussing the Comcast Proposal to furnish Digital Starter Service by amending the current Bulk Service Agreement.

 

Mr. Gutman informed the Board that Attorney Chelle Konyk spoke at a recent West Boca Community Council Meeting and the law firm she works for represents numerous community associations in negotiations with Comcast. Mr. Gutman stated he and Allan Hertz had a lengthy conversation with Ms. Konyk and she furnished valuable advice regarding Comcast and the current Boca Winds Agreement with Comcast. Ms. Konyk stated there may be a case against Comcast for removing channels from the current channel line-up and she would be happy to represent Boca Winds with discussions and negotiations with Comcast. She estimated her time involved would be approximately ten (10) hours. She also stated it may be best for the Association not to sign a five year extension to the current Agreement with Comcast but to have Comcast revise their Digital Starter Proposal for three years to end when the current Agreement term ends or just allow the current Agreement to expire and begin to negotiate with other service providers.

 

Ms. Konyk also informed Mr. Gutman and Mr. Hertz that Comcast is planning to furnish all bulk service customers with two digital to analog (DTA) converter boxes which would allow customers to regain channels already migrated by Comcast and allow receiving future channels migrated to digital broadcast.

 

Mr. Rubin then stated at the previous Board Meeting it was decided to obtain an attorneys opinion to see if Comcast had breached the current Bulk Service Agreement with Boca Winds and Ms. Konkyk’s opinion was not to proceed with an action against Comcast due to the potential high cost involved and the FCC's mandate that cable service providers convert from analog to digital broadcast. Mr. Rubin then stated the decision for the Board now is whether the Board wishes to extend the current Agreement by five years (8 year duration) by signing the Digital Starter Bulk Service Proposal or allowing the current Agreement to expire at the end of the term in three years.

 

 

There was discussion regarding spending $2,500 for Ms. Konyk to review the current Agreement and Comcast's Proposal and to negotiate better proposal terms for Boca Winds. It was also discussed that there may be no need for the digital receiver included in the Proposal if Comcast will be furnishing two DTA's in the near future.

 

Mrs. DeMattei then made a motion to have Boca Winds continue with the existing Agreement with Comcast until termination in 2012, not to sign the current Proposal from Comcast for Digital Starter Service, have the Committee pursue options with the Department of Agriculture, do not engage with an attorney at this time, as we get closer to the end of the current Agreement in 2012 start pursuing Bulk Service options and at that time decide to engage an attorney for assistance in negotiating with a service provider. Mr. Knight seconded the motion. There was additional discussion regarding future bulk service providers. Mr. Rubin called for a vote on the motion. The Board unanimously approved the motion as made by Mrs. DeMattei.

 

A conference phone call was made to Ms. Konyk. Ms. Konyk provided information regarding Comcast and other service providers. Mr. Gutman thanked her for her time, information and advice furnished to the Board and informed her Boca Winds may engage her legal firm for negations with a new service provider prior to the termination of the existing Agreement with Comcast.

 

The Special Board Meeting was adjourned at 6:38 pm.

 

Minutes Approved By:

 

 

__________________________________________          ____________________________

Ginny DeMattei                                                                        Date