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HomeMy WebLinkAboutAgenda - 12-06-2004-9bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 6, 2004 Action Ager~ Item No. SUBJECT: Access to Weather and Emergency Information at the Government Services Center DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Attachment A: County/TWC Negotiation Summary Attachment B: County/TWC Correspondence on GSC Cable Service Attachment C: Information an Dish TV Alternative INFORMATION CONTACT: Gwen Harvey, Assistant Manager, ext 2300 Pam Janes, Purchasing Director, ext 2652 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To take action to provide access to weather and news information on the television located in the large meeting room at the Government Services Center. BACKGROUND: At the direction of the BOCC, County staff re-entered informal franchise negotiations with Time Warner Cable (TWC) in the summer of 2004 with the added service of Andy Sachs of the Dispute Settlement Center as a process facilitator. The County and TWC have held a total of 4 (four) facilitated sessions and a fifth is planned for Wednesday, November 17. The intention is to return to the BOCC with an agreement that would be acceptable to both sides, and County staff is hopeful that can occur in early 2005. (Attachment A provides a summary of the last session held on October 28 and offers a description of the current status of cable negotiations.) One outstanding issue is the County's contention that TWC provide free installation and access to cable television services at public buildings awned by Orange County. This service was provided under previous franchise agreements, and, far example, allowed free installation and service at Emergency Management Operations Center. County management in the Government Services Center (GSC) has a need to be able to monitor and evaluate weather and news information that impact the immediate community and to help ensure continuity of operations at times of emergency. TWC has currently responded by saying that it would have to charge the County $4,000 far the initial installation of Service at the GSC, but would be willing to look at the issue again, and perhaps favorably, as a final discussion point in the renewed franchise negotiations. When asked if TWC would be willing to "release' this issue for decision now and proceed with the installation with no up front County cost (given the fast approach of winter and the likelihood for severe or inclement weather), TWC declined, But, the possibility remains in Staffs opinion that TWC ought be willing to refund the up front $4,000 if agreement can be reached on the franchise. (See Attachment B for County/TWC correspondence.) In addition to paying the $4,000 (with the possibility of a refund) or waiting to see the exact outcome of the franchise negotiations before any County dollars are spent, County Staff investigated two more options for obtaining weather and local information television services for the Government Services Center, The first was whether the County could "piggy back" on the franchise agreement the Town of Hillsborough has with TWC, TWC did provide free install and monthly service to several town locations, but the Town's franchise limits this to buildings either awned by or leased by the Town, and the Town may not assign the privilege or benefits to a third party. The second was to contract for a satellite dish, Purchasing staff investigated services available in this area and received a quote from Direct TV, Under the Direct TV proposal, a satellite dish would be placed atop the Government Services Center to provide reception for the Weather Channel and other local news outlets, at an installation cast of approximately $394 (one receiver plus labor involved in installation) and a monthly charge of $36,98 for one year. Orange County would own the system and would be able to cancel service at any time should this matter be successfully resolved with TWC in the future. Hillsborough has indicated that there would be no special permit or permission required to install a television satellite dish to serve the Government Services Building. (See Attachment C.) To summarize, staff has investigated three options: 1, Authorize cable installation now through TWC at the GSC at a cast of $4,000, with a request for a refund from TWC after a franchise agreement is reached; 2, Wait and continue to assert that TWC should provide the service at no cost to the County at the GSG, and make this paint central to the approval of a new franchise agreement; Authorize installation of a satellite dish (but reserve the right to cancel in the future should TWC services be made available to the GSC at no charge) at a projected annual cost of $444 plus $394 installation fee, FINANCIAL IMPACT: County staff will return on a future agenda with any budget amendment that may be required. RECOMMENDATION(S): The County Manager recommends that the BOCC approve Option 3 above: Authorize installation of a satellite dish (but reserve the right to cancel in the future should TWC services be made available to the GSG at no charge) at a projected annual cost of $444 plus $394 installation fee. /9~Gc~c~c,~'~ A 3 Draft Meeting Summary: has not been reviewed or approved by the meeting attendees October 28, 2004 Present: Andi Curtis, Gwen Harvey, Patrick Hourigan, Brad Phillips, Trish McCausland, Michael Patrick, Andy Sachs (mediator). Convening The meeting began at ro:45 AM at the Time Warner Cable offices in Morrisville. Meeting with Chapel Hill The group debriefed an October i3 meeting at which several participants from this mediation process met with representatives from the Town of Chapel Hill to explore ways that Orange County and the Town might collaborate on achieving live broacasts of Board of County Commissioner (BOCC) meetings to cable TV subscribers in Chapel Hill and the unincorporated parts of the county, In attendance at the October 13 meeting were Ms. Curtis, Ms, Harvey, Mr. Hourigan, Mr. Phillips, Mr. Patrick, Eugene Murray (cable consultant to the Town), Catherine Lazorko (Town Information Officer), and Bob Seppe (cable consultant to Orange County). The following points were made during today's debriefing: • It would be technically possible to run a live signal from the Southern Human Services Center in Chapel Hill and the F. Gordon Battle Courtroom in Hillsborough to the Chapel Hill "head-end." • The Chapel Hill Town Council meets (Monday evenings) at different times than the BOCC (Tuesday evenings), and so there is no conflict in broadcasting both sets of meetings live on cable channel i8 (the Government Access channel). The Town of Chapel Hill is open to the idea of allowing the BOCC to broadcast BOCC meetings live on channel i8, • The Carrboro Board of Aldermen meets on the same Tuesday evenings as the BOCC, and so there is now a scheduling conflict around broadcasting BOCC meetings live on the same Government Access channel when the Board of Aldermen meetings are being broadcast live on that channel, • Whether or not BOCC meetings are broadcast live, higher quality lighting, sound, and video equipment is needed at the BOCC's two meeting sites, • If the on-site equipment is upgraded and TWC installs live feeds at the BOCC's two meeting locations, then the County may continue contracting with The People's Channel for broadcast operations, or the County may 4 arrange for another contractor to operate the equipment, or the County may use its own staff. • There are tradeoff's across capital investments and operating expenditures: after outfitting the two meeting sites with new equipment, the County should be able to lower its per-meeting operating costs. A $3,00o investment in equipment might reduce the per-meeting operating costs from $80o to $200, for example. • Mr. Murray's contributions to the October r3 meeting were especially appreciated, in that he offered a historical perspective to cable operations in the Town and County as well as useful information about what exists today and what could be done in the future, • Ms, Lazorlco has been charged by the Chapel Hill Town Council to improve utilization of the Government Access channel in 2005, The initiative proposed by the County and TWC would help her to achieve that goal, • Equipment and logistical details still need to be worked out, • The mediation parties report that the Town's position is that if a conflict in sharing channel t8 arises, then "Chapel Hill rules," The shared arrangement will be as good as the working relationship across the two,jurisdictions, • Two other entities broadcast board meetings live on channel t8: the Orange Water and Sewer Authority (fourth Thursday of each month) and the Chapel Hill Carrboro School Board (first Thursday of each month), No scheduling conflict with BOCC meetings (Tuesday evenings) is anticipated. • If Battle Courtroom in Hillsborough is appropriately outfitted for live broadcasting, then the Orange County School Board might be invited to use the space to broadcast School Board meetings, • Once BOCC and Chapel Hill are cooperating to broadcast BOCC meetings live to unincorporated and Chapel Hill subscribers, the Town of Carrboro or its residents might initiate changes to their use of channel r8 or to the Board of Aldermen's meeting schedule to allow Carrboro subscribers the same access to live BOCC broadcasts. Alternatively, Carrboro could tape the live broadcasts and show the tapes to its subscribers at a time of its choosing, Carrboro does not but could choose right now to broadcast the tape-delayed BOCC meetings that the People's Channel airs in Chapel Hill and unincorporated Orange County, In order to do this, Carrboro would stop bloclting the signal coming in from Chapel Hill into the Carrboro node. Carrboro also could acquire from The People's Channel a tape of the BOCC meetings and then play it from Town Hall at a time of its choosing. • Unlike Chapel Hill subscribers, Carrboro subscribers do not receive CSPAN-2 in the absence of locally originated programming. Carrboro subscribers see either a black screen or a message board. Cost Estimate for Running Live Feeds to T'wo BOCC Meeting Sites Mr. Hourigan showed in a sketch how a live signal from BOCC's two meeting sites could be sent to Chapel Hill and unincorporated subscribers through a single hub and ahead-end. He estimated the cost of linking the two meeting sites to the hub at $i65,oo0. He estimated additional external electrical equipment to make the arrangement functional at the two orgination points and the hub to be $30,000, (This does not include the inside infrastructure, such as lighting, sound, video equipment, and environmentals). The signal would then have to move in and out through the hub, head-end and Chapel Hill node. This could be accomplished by sending the signal from the hub to the node, and then back out to the head-end, or by sending the signal from the hub to the head-end and then to the Chapel Hill node. In either case, since cable already runs between these three points the only remaining cost of the external set up would be for the added electronics at the node and head-end, which he estimated at between $20,000 and $22,000. Thus, he said, the estimate for running a live feed to the two BOCC meeting sites using the assumptions noted above is about $zr5,ooo. Mr. Hourigan noted that Carrboro has a switcher that allows it to accept or block programming coming from the head-end. Mr. Patrick said that it would be a good idea to equip the head-end with a switcher that could be shared by the County, Carrboro and Chapel Hill and used to regulate the flow of programming going into either the Carrboro or Chapel Hill/unincorporated nodes. Mr. Hourigan warned against each jurisdiction opening and closing-off programming to and from the others without any coordination, "like having three entities with the codes to the bomb." If'the signal were run from the hub to Chapel Hill and then back out to the head-end, then Chapel Hill would be in control of the signal. If the signal were run from the hub to the head-end and then into Chapel Hill, a shared arrangement would be needed. The latter option also allows for remote access to the switcher. Ms. McCausland suggested that the three,jurisdictions agree upon fixed times when certain programming would be allowed for all, and then agree on a mechanism for all other times by which switching would occur and by whom. Mr. Hourigan said that the switcher at the head-end already existed and could be easily expanded (it is currently under utilized); his cost estimated included the switcher. All agreed that the preferred option was to run the signal from the hub to the head-end, and then into Chapel Hill. Ms. McCausland offered to draft language on this matter for the franchise agreement, Mr. Hourigan called to the group's attention the element of'time. Permits will be needed to cross two limited access highways controlled by the NC Department of Transportation and a railroad right-of-way. The cost of obtaining those permits are included in his estimates. In the worst case scenario, it would take six months to obtain the permits. On average, it takes four months. He said that TWC could commit to a beginning time, would then need to apply for permits (and has no control over the time period for obtaining the permits), and then could commit to a completion date by referencing a certain number of months after obtaining the permits. In response to a question from Mr. Patrick, Mr. Hourigan agreed that TWC could start with Southern Human Services Center because it does not involve the railroad or highway crossings. The group then took a break for lunch. When the group reconvened, it reviewed the mediator's handout, "To Do as of 9/22/04" and made the following points and decisions: Section i (c) Term of Grant In an earlier meeting, the parties had agreed to revisit this issue after all other substantive issues have been resolved. At this meeting, Mr, Patrick asked TWC to consider setting July r, 2oi6 as the termination date for this franchise. He said that this date would allow f'or better coordination across the County's and Town of Chapel Hill's separate franchises. Mr, Patrick added that there may be tradeoffs across the length of the franchise and TWC's options regarding capital expenditures associated with meeting the community's needs for PEG access, He asked TWC to make a proposal or provide options that would meet both Orange County's and TWC's needs. Sections a and g All agreed to accept Sections 2 (Definitions) and 3 (Service Area) as they appear in the common draft ("TWC Last Proposal, 2/26/2004"). Section 4 -Cable System Service Area Extension Mr, Patrick distributed his written reactions to the ~/2~/04 TWC revision of Section 4 drafted and distributed by Mr, Phillips. He noted that both "street miles" and "cable miles" were used and asked for clarification, Ms, McCausland said that it would be problematic if the grantor and grantee used different measures for determining density, All agreed to use the term "homes per mile" instead of either "street" or "cable," since it is expected that because of competitive pressure TWC will be interested in extending service when either measure of density reaches the agreed upon threshold (18 homes). All agreed that the "closest usable active point" should be the starting point for measuring density, since trunk lines which cannot be tapped into by a home might pass a residence. Carrboro uses "closest usable active point," Mr, Patrick said. All agreed to insert the following sentence into 4A after the first sentence: "The Grantee shall apply for all necessary permits within 9o days of confirmation that the required density is met," No other changes were proposed, Mr. Phillips agreed to generate and distribute a revised draft of Section 4. Section y -Customer Service Standards Mr, Patrick distributed a marked up copy of Exhibit A from the cable franchise ordinance that had been adopted by the Board of County Commissioners last October but not agreed to by Time Warner. He noted where there are differences in the language from the FCC regulations. The group went down the Exhibit, item by item, Mr. Phillips agreed to redraft Section 5 according to the following areas of agreement reached at today's meeting. Items in the BOCC Exhbit A that are covered by FCC regulations will be incorporated by reference into the main body of the cable franchise agreement at Section 5. This will simplify the franchise document (appendices and exhibits may become separated from their documents). Items in the BOCC Exhibit A not covered by FCC regulations but agreed to by all the parties will be incorporated into the main document at appropriate places, as noted below. The Subscriber Privacy language from the BOCC's ordinance will become a new Section 6 in the franchise agreement. Employee Identification will become a subsection of Section 5, and be edited as follows: "...name and photograph that can be used to verify the representative's relationship with the Grantee, The Grantee's vehicles...name or identity of the cable company. The Grantee shall make..." Complaint procedures (3.5) will become a subsection of Section 5, and be redrafted by Mr, Phillips for the parties' consideration. In addition, Mr. Phillips reiterated his intention to provide Ms. Harvey with a complaint process "fact sheet" (see To Do 9/22/04) and to fulfill his informal agreement to provide the County with an annual report on complaints (see Meeting Summary, August 23, p, 6, Status of Issues), Service Interruptions (4,6) will become a subsection of Section 5, and be edited as follows: ",,, shortest time possible. Franchise-wide planned interruptions not within,,,insofar as reasonably possible,..." 4.~ was discussed at length, The BOCC language comes from an earlier time when for TWC three complaint calls constituted an "outage," Today, if TWC receives a single complaint call, it can use technology to address the problem immediately. All parties reviewed the FCC regulations relating to this item and found the regulations acceptable, 8.2 & 8.3 were discussed at length. TWC wants to exercise its credit and refund policy on a case by case basis. This would allow TWC to respond creatively and flexibly to customer and community needs. For example, during the last ice 8 storm, TWC credited all customers for five days without anyone needing to request it, and extended additional credit to anyone who contacted them to report even longer outages, A case by case arrangement would also allow TWC to decline credit or refunds where it believes a customer is not entitled to it (e,g,, customer causes the interruption in service), Mr, Patrick noted that the "credit and refund" language in the BOCC-adopted ordinance is used in 22 other jurisdictions in the region, Mr, Phillips said that TWC agreed to such language in earlier agreements because in those times the cable system was less reliable and there were more complaints, Mr, Phillips asked Ms. Harvey and Mr. Patrick if they were aware of complaints from Commissioners or customers regarding repeated outages, credits, or refunds that would lead them to believe that a regulation such as this were necessary; they said they were not aware of such complaints, Mr. Patrick asked TWC to consider the protection that a rule affords subscribers. Without a rule, the determination for when or whether a refund or credit is given is left up to TWC, Mr. Phillips replied that TWC has a market incentive to keep its customers satisfied; it will do whatever t is reasonable to achieve that goal. Ms, Harvey asked Mr, Phillips to reflect on the County's need for true protection as well as TWC's needs for flexibility, and to come back with language for a subsection to Section 5 (Refunds and Credits) that reflects Mr, Phillip's best judgment on how to address both parties' needs. Mr. Phillips said he'd try. Late Fee -all agreed to a new subsection to Section 5 that states, "Late fees shall not be assessed earlier than is allowable under North Carolina state law." Appeals -all agreed to delete this item, Sections '7. - ii. No issues were raised regarding these sections. Mr, Phillips asked if these sections are acceptable as they stand, but did not get an explicit reply. Mediator notes that group members should make an explicit and joint decision that these sections are acceptable, or identify issues needing further discussion, Section 12. Public, Education and Government Access Provisions Also see notes above at "Meeting with Chapel Hill," "Cost Estimates," and `Term of Grant." Ms, Harvey acknowledged receipt from TWC of the promised copies of franchise agreements between TWC and Chapel Hill and TWC and Carrboro. All parties agreed to set aside for now the other options referenced on the mediator's "9/22 To Do"list (cost out four alternative master control locations, cost out and map discrete programming for unincorporated residents) in order to focus attention on the more desirable option being developed with Chapel Hill, Mr, Patrick said that the following issues needing resolution: 9 How many access channels will be provided for in the franchise agreement? How many more channels to trigger? What to provide regarding pass-through costs? How to attribute different costs? He then offered the following "vision" for resolving the PEG issue: In the short term, the County government will operate a public access channel and a government access channel, while the University of North Carolina at Chapel Hill (UNC) continues to operate cable channel 4 as the educational access channel. The County would secure its rights now through the franchise agreement to make changes to the educational access arrangements for the future. Over the long term, Mr. Patrick envisions a "real" local educational access channel being developed through discussions between the County, Chapel Hill, Carrboro and local educational entities (e.g., UNC, the future Orange County campus of Durham Technological Community College, the two public school systems in the county), Of course, those discussions would have to define the needs of the community, and take the system architecture and costs into consideration, While it does not make sense for the County to operate an educational channel today for only ~,ooo unincorporated subscribers, the County needs the capability to do this in the future. Mr. Phillips pointed out that UNC's control of channel 4 is a "legacy issue" remaining from when Village Cable Companies had the local cable franchise, All four,jurisdictionshavc educational access through channel 4. The channel's current programming includes student government meetings, student-produced shows, and foreign-language news from the non-profit broadcaster SCOLA, If the local governments desired to broadcast specific alternative programming for channel 4, then TWC would pre-empt the UNC programming to do so. "We're .just a conduit," Mr. Phillips said, Mr. Patrick acknowledged that the formation of partnerships in Orange County to address educational access programming is an extra-franchise issue, What's relevant to the franchise is to secure Orange County's right to control the programming, he said, In reply to a question from Ms, Harvey, Mr, Phillips explained that the Cooperating Raleigh College Consortium (NC State, Meredith, others) programs educational access in Walce County, and in Durham County the public school system programs the educational access (currently a bulletin board only). The parties opened discussions on how the capital expenditures related to providing PEG access channels would be paid for, Mr. Patrick said that there might be tradeoffs across the length of the franchise and TWC's options regarding capital expenditures. He asked TWC to propose some options that would meet both Orange County's and TWC's needs. Ms. Harvey added that she would like to see language proposed for passing through some PEG access costs to subscribers, 10 Ms. McCausland explained that the 5% franchise fee paid by TWC to Orange County is supposed to go toward the County's operating costs for PEG access. The capital costs associated with PEG access are to be paid for through other means, for example in Carrboro subscribers pay a "pass through" amount to TWC which goes toward capital expenses associated with the Town's PEG access. Ms. Harvey checked her understanding of how such an arrangement might be applicable to Orange County's situation: Orange County pays the People's Channel to tape and rebroadcast BOCC' meetings. Those meetings are broadcast to County subscribers on Chapel Hill's public access channel, the capital costs of which are paid for by Chapel Hill subscribers. In effect, she said, unincorporated Orange County subscribers are getting public access programming for free, because they do not pay a pass through for the PEG access capital costs. Mr. Patrick added that in 1996, when Chapel Hill and TWC entered into a cable franchise agreement, the FCC rules governing how capital expenditures for PEG access are to be recaptured were not as clear as they are now. The rules were clarified in 1999• He asked TWC if it would allow a pass through for the capital costs associated with the County PEG access in return for a twenty year term. Ms. Harvey said that the shared question around the table is "how to amortize the $2r5,ooo that TWC estimates it will cost to run live feeds to the two BOCC meeting sites; how to recapture that amount from the subscribers?" Ms. McCausland said that in answering that question all parties should also note that if the pass through is too high then subscribers will switch to dish TV, which penalizes both TWC and Orange County (the County loses its 5% share from the franchise fee), Mr. Patrick reiterated that TWC should weigh the capital costs against the term length, and asked TWC to come back with a proposal or some options. Sections i3. - 22. No issues were raised regarding these sections. Mr. Phillips asked if these sections are acceptable as they stand, but did not get an explicit reply. Mediator notes that group members should make an explicit and,joint decision that these sections are acceptable, or identify issues needing further discussion. Section 2g. Performance Bond and Section a4. Remedies -Liquidated Damages Ms, McCausland will identify in writing some problems that she believes will arise if the Orange County cable regulatory ordinance were not repealed upon adoption of a cable franchise ordinance. Ms. Harvey will share the ideas with the County attorney for consideration. Mr. Patrick reiterated his intention to review the proposals offered early by Ms, McCausland, "Section 23. Letter of Credit or Performance Bond," and Section 24, Remedies -Liquidated Damages," (8/r~/o4). ri Section 3z. Service to Public Buildings Mr, Phillips reported that TWC had indeed credited the County with the equivalent cost of providing i25 feet of aerial cable when preparing cost estimates for extending service to the Government Services Building. Since the items in Exhibit A relating to Customer Service Standards will be worked back into the main body of the franchise agreement (see discussion at Section 5, Customer Service Standards, above), Exhibit B will become Exhibit A, "Public Facilities to Receive Free Basic Cable Service." Note that a reference therein to "Section 2q" should be verified, since section numbering of the franchise agreement is being changed. Mr. Phillips reiterated his intention to provide Ms, Harvey with a "fact sheet" describing how customer complaints will be processed by TWC. The fact sheet will include the expectation that the County will encourage customers to first contact TWC and an explanation of how "escalated" complaints made by the Manager's Office on behalf of customers will be handled by TWC. Ms, Harvey acknowledged receipt from Ms. Curtis of a copy of an actual TWC subscriber bill, She said that she is likely to authorize removal of the County Manager's telephone number from the cable bill after an agreed upon franchise ordinance is approved by the BOCC, Next Session The parties agreed to meet next on Wednesday, November i~ from x:oo to 5:00 PM at the TWC offices in Morrisville, Mr, Phillips offered to have lunch available at i2:3o before the meeting, ORANGE COUNTY HILL.SBOR.OUGH NORTH CAROLINA ./~ana9er~ .'r Dice Apri13Q, 2004 Ms, Andi Curtis Public Affairs Manager Time Warner Cable -Raleigh Division 101 Innovation Ave,, Suite 100 Morrisville, NC 27560 Deaz Ms. Curtis: C"ir/a6lirded/7Sz I am writing you in follow-up to conversations between you and other TimeWarner representatives and a member of my staff, Assistant to the County Manager Greg Wilder. It is my understanding that Mr. Wilder has been in contact with you and other TimeWarner representatives on multiple occasions inquiring about the provision of cable television service to the Government Services Center (GSC) building in Hillsborough.. Mr, Wilder as well as members of the County's Public Works Department have also met with TimeWarner field personnel to discuss this service, It has come to my attention that you have verbally informed Mr, Wilder that the initial installation of the service to the GSC would cost $4,000, Mr. Wilder has requested this cast information and justification in writing on two occasions, but has not yet received a response. This information would be helpful as we discuss this matter further. I should note to you that our desire for this service relates to inclement weather and emergency management responsibilities within my office, As the lead governmental entity in Orange County whose responsibility it is to direct and manage local government response to residents' needs in the emergency conditions, I believe that it is worthwhile to have access to the best information available, Cable television service would provide access to current and forecasted weather conditions, the status of any life-tlueatening situations and/or damages, and other relevant news and weather related information. Since my office is not located in the County's Emergency Operations Center, I da not currently have this access, It is my hope that this access can be provided through cable television service in the near future. I would appreciate you reviewing this matter and responding in writing to both me and Mr. Wilder.. Iolm IvI. Link, Jr. Orange County Manager cc: Gwen Harvey, Assistant County Manager is AREA CODE (919) 245-2300 688-7331 FAX (919) 644-3004 Ext. 2300 lnl /rrnn~a~iau ,~i rnu,' L~irr IOn -0Lo riv ilL~ iJC ]-itiU ~ 6~~~ ~d~~~u~~'4~~[~~ CABLE May 17, 2004 Mr. Jolm M. Lirilc, Jr. Orange County Manager PO Box 8181 Hillsborough, NC 27278 SENT CERTIFIED-RETURN RECEIPT REQUESTED Dear Mr. Link: I am in receipt of your letter dated April 30, 2004 regarding building Time Warner Cable services to the Government Services Center (GSC) on 200 Cameron Street in Hillsborough. Time Wazner Cable's Commercial Services staff has diligently worked with Mr. Wilder begimring on October 28, 2003 to determine serviceability of the building on 200 Cameron Street. The site survey conducted by 1;ric Vivod states the cost to bring cable to the building would be $4,000. This is indicated in the attached site survey. Mr. Wilder was contacted by our Comrercial Services staff by phone to relay the cost of the construction. During this conversation, the decision whether or not to construct plazit to the facility was left to Mr. Wilder's discretion. This is normal operating procedure for providing quotes in commercial services. I also contacted Mr. Wilder about the cost associated with the construction to the building and detailed the construction procedures that would need to be done to bring cable to the facility. Construction costs for this project include: redesign of our existing cable plant (bringing cable from the utility pole across the street to the building across the street, via underground boring), two sidewalk bores, trenching to the building (manual labor), and core boring (drilling a hole in the building) for provision of service to the building. I~ If the County would like to proceed in building plant to the Govermnent Services Center, please feel free to contact me at (919) 57.3-7111,. i~ Sincerely, Andi Curtis Public Affairs Manager Time Wainer Cable-Raleigh Division Message IS Curtis, Andi From: Turnbull, Dee Sent: Monday, May 17, 2004 2:13 PM To: Curtis, Andi Subject: Case 00001818 - salesforce.com -Enterprise Edition experic-,ce s.:mss Close Window Print This Page Case: 00061843 Case Owner: Eric Vivod Case Record Type: Survey Type: Video Solution Type: RF Service Address: Suite/Apt: Service City: Service State: Service Zip/Postal Code: No Video Outlets: No HSD Outlets: Priority: Medium Complete By: Status: Completed Case Reason: New Build Case Origin: Not Applicable Business Complex (Name): MxU: Account Name: Orange County Manager Contact Name: Greg Wilder Contact Phone: (919)245-2314 Subject: 200 Cameron St Hillsborough Account Owner: Account Owner Phone: Sales Comments: Useful ~inks:.Map •FORM: Site Survev •FORM~ OK to Construct •FILE: IRR •CASE: Construction •CASE: Preb~ Request •CASE: ROE Go to Resource Cenler» Survey Detail: Serviceable (Yes/No): Installation Cost: Installation Notes: Drop Access (I): Drop Type (I): Pole Permit Required (f): Pole Owner (I): Road Encroachment (I): Conventional Bore (I): Construction Cost (est): $4,000.00 Construction Notes: Type Extension: Pole Permit (C): Pole Owner (C): Road Encroachment (C): Converntional Bore (C): Directional Bore (C): 5/17/2004 Message i~ Directional Bore (I): Railroad Permit (I): Major Gasline Crossing (I): Aerial (ft) (I): Plow (ft) (I): 250 Hand Aerial (ft) (I): Service Limitations: Video Outlets (No ): HSD Outlets (No ): A/O w/ House Amp (OK): Plant/Design Information: Hub/Node: Power Supply: A Other Survey Data: Shared Conduit: Fiber Conduit Ready: Existing Wiring: # of Passings: Shared Telecom Boxes: Plenum Cable: Sprinklers On Site: Case Comments: Addresses Associated w/Case: Description Information: Railroad Permit (C): Major Gasline (C): Aerial (ft) (C): UG (ft) (C): Amp: Line Extender: Underground Lighting: Septic/Drainage: Planting Beds: Private Telecom Line(s): Alarm Systems: Private Water: Locked Access: Call for Access: Description: Site Survey for complimentary Video service Created By: Tony Jordan, 10/2812003 Date/Time Opened: 10128/2003 8:37 AM 8:37 AM Case Number: 00001618 Contact Information Contact Owner: John Moore Name: Greg Wilder Account: Orange County Manager Title: Type: Department: Reports To: Last Modified By: Eric Vivod, 11/612003 3:55 PM Date/Time Closed: 1116/2003 3:55 PM Phone: (919) 245-2314 Home Phone: Mobile: Other Phone: Fax: Email: Assistant: 5/ 17/2004 Message ~~ Asst Phone: Mailing Address: 200 Cameron St Other Address: Hillsborough, NC 27278-0000 Birthdate: Email Opt Out: Lead Source: Cable Ready Created By: Dee Turnbull, 10/2812003 8:25 AM Last Modified By: Richard Nellis, 11/19/2003 3:41 PM Description: Useful Links: •Map_Ba~ic •$urvey_Generate Case •A_djustment: Create Case •Enyineerin _Generate Case •Staging: Generate Case Go to Resqurce,Centern Activity Mistory Other _ ~~~ Assigned To: Richard Nellis Related to: Greg Wilder Status: Completed Type: Task Due Date: 1 1 /712 0 0 3 Last Modified: Richard Nellis 1111412003 3:08 PM Date Sent Date Opened # Times Opened Last Opened Comments: Richard, Can you take a visit out and see if you can get others interested Case Comments 11/612003 3:55 PM User: Eric Vivod Public: Comment: This Bld is owned by the town of hillsborough and there is about 10 differant offices in this Bld or more 1116/2003 3:54 PM User: Eric Vivod Public: Comment: This Bld is owned by the town of hillsborough and there is about 10 differant offices in this Bld or more Case History 1116/2003 3:55 PM User: Eric Vivod Action: Closed. Changed Status from Scheduled to Completed. 5/17/2004 Message 3:55 PM IS User: Eric Vivod Action: Chanoed Case Reason to New Build. 1013112003 7:45 AM ~_ User: Eric Vivod Action: Changed Status from Open to Scheduled. 10/28/2003 6:42 AM ~ ._~ User: Tony Jordan Action: Changed Owner from Tony Jordan to Eric Vivod. 10/26/2003 8:37 AM _ User: Tony Jordan Action: Created. Copyright ©2000-200-F salesforce com, inc All rights renewed 5/17/2004 Gwen Harvey - RE: Special Request ~~ From: "Phillips, Brad" <brad.phillips@twcable com> To: "Gwen Harvey" <gharvey@co,orange.nc us>, <mpatrick@narccom>, "Mccausland, Trish" <trish mccausland@twcable.com>, "Curtis, Andi" <andi Curtis@twcable.com>, <as achs @d i s putesettl em en t org> date: Fri, Oct 15, 2004 11:30 AM Subject: RE: Special Request Gwen, In regards to your special request my thoughts are that we have made and are continuing to make considerable progress so far in our talks. The issues of connecting public buildings and term of the agreement were deferred to the end of our negotiations. I would prefer to stay the course in that regard unless there is new information that could change our position, The hurricane season is now past us for the most part. Hopefully we can complete our talks before the ice and snow season gets here- Thanks. -----Original Message----- From: Gwen Harvey [mailto:gharvey@co orange nc us] Sent: Tuesday, September 28, 2004 2: t 7 PM To: asachs@disputesettlement org; mpatrick@nc rr.com; Curtis, Andi; Phillips, Brad; Hourigan, Pat; Mccausland, Trish Cc: Greg Wilder Subject: Special Request Importance: High ** High Priority ** Special Request to TWC - Cable Connection to Government Services Center Brad As you know we are in the midst of an extremely busy hurricane season. The County Manager, John Link, is anxious to move forward with the upfitting of the Government Services Center in Hillsborough for cable. Greg Wilder in our office had worked through Andi Curtis last spring and received a price estimate of $4,000 to install. Of course, the County position has been that this be done free of charge similarly as the Emergency Management Center in the interest of public safety and maintenance of operations in the event of a disaster. I believe TWC has intimated that this matter would be addressed favorably in the course of our continuing franchise renewal negotiations, but the end date for achieving resolution has been extended. (We were to have met last week and now we are scheduled to meet on October 28.) My question is should the County elect to proceed now, ahead of the franchise resolution, with installation and pay TWC the $4,000, would TWC be willing to indicate in writing that TWC would reimburse the County cost at the conclusion of negotiations and/or adoption of a mutually satisfying franchise agreement? There is also the matter of continuing costs after installation. My assumption, as in with our Emergency Operations Center, that the County would not be charged a monthly service fee of any sort, Is this correct? Gwen Harvey - RE: Special Request aU Our Purchasing Dept is also researching satellite dish as an option to cable, Brad, but the first consideration is to continuing to work with TW C if at all possible.. Please advise at your earliest convenience. My thanks! Gwen Gwendolyn Harvey Assistant County Manager Orange County Manager's Office P.Q. Box 8181 200 S Cameron Street Hillsborough, NC 27278 Phone: 919-245-2300 Fax: 919-644-3004 Email gharvey@co orange.nc us "The return of your work must be the satisfaction which that work brings you and the world's need of that work. With that, life is heaven, or as near heaven as you can get." W.E.B. DuBois Gwen Harvey -direct tv From: David Cannell To: Greg Wilder; Harvey, Gwen Date: Thu, Oct 7, 2Q04 10:25 AM Subject: direct tv Cost of Dish $199 w/one receiver estimated install 2-3 hours at $65/hour plans (see detail attached) a local channels $6.99/month b, office information $29..99/month or c office entertainment $44.99/month you can get a, or a&b or a&c we would own the system and could cancel at any time CC: Pam Jones Gwen Harvey -DIRECT TV PLANS.doc LOCai Channels Local networks are now available in most metropolitan areas Service automatically renews" Call customer service al BBO- 200-4388 to determine if Local Channels are available in your area Monthly Fee_ _.. _. ,..$8.99 Annual Fee..... ......583 88 9lackpul restrictions antl other conUillons apply to spans propramNnp All UmO~amrtina antl pricing suble[I to [hanpe nFFICE INF~RMATI~N ®Delivers a select package of business. news and information channels that you need to be successful in today's global marketplace Bloomberg Television CNBC CNBC World CNN CNNfn Court TV C-SPAN C-SPAN2 Discovery Health Channel Foz News Channel G4techTV GSN: The Network for Games Headline News MSNBC Newswodd Internalionai Travel Channel The Weather Channel Monthly Fee..... ,_529.99 Annual Fee _.._. S359 AO OFFICE EPITEI2TAIPIMEMT OO The best choice for in-office entertainment Pedect for the media and communication industries. this package focuses on entertainment programming while still providing key news and information channels A8E ABC Family Channel American Movie Classics (AMC) Animal Planet BBC America Black Entertainment Television (BET) Bloomberg Television Bravo Cartoon Network Comedy Central Country Music Television (CMT) Discovery Channel Discovery Health Channel Disney Channel (East and West) EI Entenainment Television Food Network Fox Movie Channel Fox News Channel Fuse F/X Galavisidn GSN: The Network for Games The History Channel Home 8 Gartlen Television (HGN) Home Shopping Network The Learning Channel (TLC) Lifetime MSNBC MTV MTV2 National Geographic Channel NickelodeonlNick at Nile (East and West) Nickloons QVC SCI FI Spike N T85 TNT Toon Disney Turner Classic Movies N Land Univision USA Network VH1 Monthly Fee ..544 99 Annual Fee .5539 00