HomeMy WebLinkAbout03/03/14 000
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G000* Meeting Location: Municipal Center
City of Apple 7100 147th Street West
Valley Apple Valley, Minnesota 55124
TELECOMMUNICATIONS ADVISORY COMMITTEE REGULAR MEETING AGENDA
MARCH 3, 2014 - 7:00 P.M.
1. Called to Order
2. Approved Agenda
3. Audience —No one requested to speak.
4. Approved Minutes of December 2, 2013 Regular Meeting
5. Regular Agenda Items:
A. Reviewed 1st Quarter Complaint Log
B. Reviewed 1st Quarter Activities Report
C. Presented Franchise Renewal Update
D. Approved 2013 Annual Report
E. Elected Officers
6. Informational Items
A. No FCC Rulemaking and Other Franchise Issues
B. Reviewed E-Commerce and Business Development Issues
C. No Other Staff and Committee Updates
7. Adjourned
NEXT REGULARLY SCHEDULED MEETING:
Monday June 2, 2014 7:00 p.m. (Regular)
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G000* Meeting Location: Municipal Center
City of Apple 7100 147th Street West
Valley Apple Valley, Minnesota 55124
TELECOMMUNICATIONS ADVISORY COMMITTEE REGULAR MEETING
TENTATIVE AGENDA
MARCH 3, 2014 - 7:00 P.M.
1. Call to Order
2. Approval of Agenda
3. Audience - 10 Minutes Total Time Limit - For Items NOT on this Agenda
4. Approval of Minutes of December 2, 2013 Regular Meeting
5. Regular Agenda Items:
A. 1st Quarter Complaint Log -- none
B. 1st Quarter Activities Report
C. Franchise Renewal Update
D. Approve 2013 Annual Report
E. Elect Officers
6. Informational Items
A. FCC Rulemaking and Other Franchise Issues
B. E-Commerce and Business Development Issues
C. Other Staff and Committee Updates
7. Adj ourn
NEXT REGULARLY SCHEDULED MEETING:
Monday June 2, 2014 7:00 p.m. (Regular)
Telecommunications Advisory Committee
City of Apple Valley
December 2, 2013
7:00 P.M. Municipal Center
Minutes
1. Call to Order
Chair Westbrook called the meeting to order at 7:00 p.m.
Members Present: Rollin Bible, Jerry Brown, Scott Hugstad-Vaa, John Magnusson,
Dale Rodell, David Westbrook
Members Absent: none
Others Present: Nathan Bang, Charles Grawe
2. Approval ofA_eg nda
MOTION: Mr. Bible moved, second by Mr. Brown,to approve the agenda as presented.
Motion passed 6— 0.
3. Audience
There were no audience items.
4. Approval Minutes of September 9, 2013
MOTION: Mr. Hugstad-Vaa moved, second by Mr. Bible,to approve the minutes of
September 9, 2013. Motion passed 5 — 0. (Mr. Magnusson abstained)
5A. 4th Quarter Complaint Log
Mr. Grawe distributed the log.
5B. 4th Quarter Coordinator's Report
Mr. Grawe briefly provided a verbal update of the staff activity.
5C. Franchise Renewal Update
Mr. Grawe briefly updated the Committee on the progress of negotiations.
5D. Annual City IT Project Update
Mr. Bang briefly updated the Committee on IT projects and initiatives in the City.
5E. Adopt 2014 Meeting Calendar
MOTION: Mr. Bible moved, second by Mr. Hugstad-Vaa,to approve a regular meeting
calendar of March 3, 2014; June 2, 1024; September 8, 2014; and December 1, 2014.
Motion passed 6— 0.
6A. FCC Rulemaking and Other Franchise Issues
Mr. Grawe reported no new issues.
6B. E-Commerce and Business Development Issues
Mr. Grawe had no new issues.
6C. Other Issues and Staff Updates
There were no new issues.
7. Adjourn
MOTION: Mr. Brown moved, second by Mr. Magnusson,to adjourn the meeting.
Motion passed 6 - 0. The meeting was adjourned at 7:40 p.m.
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City of Apple
Valley MEMO
Administration
TO: Mayor, City Council, and City Administrator
FROM: Telecommunications Advisory Committee
DATE: March 3, 2014
SUBJECT: 2013 ACCOMPLISHMENTS
The Telecommunications Advisory Committee held five meetings in 2013. The members of the
Committee throughout 2013 were: Rollin Bible, Jerry Brown, John Magnusson, Dale Rodell, Scott
Hugstad-Vaa, and David Westbrook. David Westbrook served as Chair and Jerry Brown served as
Secretary.
Major accomplishments and/or undertakings by the Telecommunications Advisory Committee
during 2013 include:
• Year Two of Cable Franchise Renewal Process: The City continued work with the
renewal of the franchise agreement. The existing agreement took effect in 1999 and has a
term of 15 years. Typically, the franchise renewal process takes three years. However, more
recent renewals have taken 18 to 24 months. The City used the legal services of Mr. Bob
Vose of the firm Kennedy and Graven. The City is working jointly in the renewal process
with the Cities of Farmington and Rosemount. While each city will have its own franchise
ordinance, the language will be virtually identical in each, allowing for more efficient joint
administration of the three franchises and cohesive partnership in the cable commission.
There are three significant steps involved in the renewal process. The first step is conducting
a needs assessment. The three cities jointly utilized the assessment services of Ms. Holly
Hansen of Holly Hansen Consulting. Ms. Hansen met with a variety of stakeholder groups,
interviewed various stakeholders, and conducted a non-scientific, on-line cable customer
survey. The results of the assessment report were provided to the cities in early 2013. The
three cities began the second step of the renewal process by contracting with the firm of
Moss & Barnett to conduct a franchise fee and PEG fee audit review. This process began in
late 2012 and continued through 2013. Results of the audit are anticipated in early 2014.
The final step is actual negotiations between the cities and the cable company. Typically, the
cable company initiates the negotiations by proposing new language. This did not happen,
possibly due to delays in the renewal of the neighboring Lakeville franchise with the same
company. As a result, the three cities directed legal counsel to draft new language desired by
the cities which was distributed to the cable company in 2014.
• Participation in State-wide Cable Administration Association: The Committee continued
its participation in the Minnesota Association of Community Telecommunications
Administrators (MACTA). MACTA held several conferences during the year and has
proven invaluable in keeping Committee members current with both cable television and
telecommunications related trends. The Committee also monitored events pertaining to
municipal wireless and broadband service provision.
• Participation in Joint Powers Cable Commission: The City of Apple Valley also participated
in a joint powers agreement with the Cities of Farmington and Rosemount to provide for certain
cable television services. The group approved an operating budget for 2013 and operated for its
twelfth year with a joint cable coordinator serving the three cities.
• Review of Cable-related Complaints. The Committee reviewed cable complaints received
by Commission staff The number of complaints in recent years has been historically low
and most pertain to unburied service drops or billing issues.
• Franchise Fee and PEG Fee Review: Pursuant to the franchise agreement, the cable
company is obligated to pay the City an annual franchise fee equivalent to 5% of their annual
gross revenues. Under the renewed franchise, the Cable Company is required to make
quarterly franchise fee payments, rather than annual payments. The quarterly payments were
as follows:
Quarter Franchise Fees PEG Fees
First Quarter 2013 $154,539.28 $17,212.00
Second Quarter 2013 $157,655.64 $16,818.00
Third Quarter 2013 $157,346.43 $16,586.00
Fourth Quarter 2013 $160,290.16 $16,515.00
Total $629,831.51 $67,131.00
The franchise fee for 2013 totaled $629,831.51, up from $595,045.87 in 2012.
Quarter Franchise Fees PEG Fees
First Quarter 2012 $144,615.75 $17,148.26
Second Quarter 2012 $147,904.95 $17,190.19
Third Quarter 2012 $148,065.34 $17,050.85
Fourth Quarter 2012 $154,459.83 $17,007.06
Total $595,045.87 $68,396.36
Pursuant to the franchise agreement, the Cable Company is obligated to collect a PEG fee
for the City. Per the franchise agreement, the City's PEG original fee was at $.25 per
subscriber but can be increased at the City's discretion within limitations stated in the
franchise. In addition, the Cable Company imposed an additional $.25 per subscriber fee
to recover the costs of the "capital grant" given to the City in the original franchise. At
the completion of the cost"recovery", the Cable Company's $.25 fee was automatically
transferred to the City, raising the City's collection to $.50 per subscriber. The City
received PEG fees in the amount of$67,131.00 for 2013. The PEG fee revenue for 2012
was $68,396.36, as shown above. This decrease in PEG fee revenues implies a decrease
in cable subscribers during the year. The PEG fee revenues are used to finance the City's
portion of the joint cable commission.
• Capital Equipment Planning and Acquisition: The City continues web streaming its
programs. This also allows the City to create short public service announcements and other
video enhancements to the website. In 2013, the City began planning to implement a new
agenda management system. Related to this project is a switch in web streaming services to
a new video integrator. The new system will allow viewers to link to and view agenda
documents while viewing the related Council discussion on the video. This project carried
into 2014.
Planning began for the 2014 budget and 2013 to 2017 Capital Improvements Program. The
City's cablecast and related Council Chamber equipment is now 13 to 14 years old. Many
pieces are no longer supported or can't be repaired as parts are no longer available. Further,
the old equipment is based on the analog and standard definition standards and many
producers do not support those standards any longer, providing digital and HDTV standards
with current products. As a result, when one component fails, we may no longer have the
option to only replace that component, but rather must replace all of the related components
based on the standards they require. The Cities of Farmington and Rosemount face the same
issues.
As a result, the three cities hired a firm to plan, design, and create a specification for the full
replacement of the control room and related council chambers equipment. This design
process was completed in mid-2013. Around the same time, the State Legislature passed
legislation granting sales tax exemption for the equipment purchases. As the three cities
would potentially save tens of thousands of dollars in sales tax, the project was placed on
hold until 2014 when the sales tax exemption is in effect.
Apple Valley also adopted a policy of diverting some franchise fee funds to a capital
equipment fund to support the equipment replacement. This is a necessary step, in part,
because the PEG fee rate has not changed since 1999 and PEG revenues have been falling
steadily for more than a decade.
• Cable-cast of Public Meetings: Cable-casting of City Council and Planning Commission
meetings continued in 2013. In addition, City of Farmington and Rosemount City Council
and Planning Commission meetings and Dakota County Board meetings were also televised.
• Government Access Programming: Government Access Channel 16 continued to provide
government access for the joint powers commission established by the Cities of Apple
Valley, Farmington, and Rosemount. Programming and bulletin board materials were added
for the other cities. Digitally recorded programming cable-cast on Apple Valley Government
Access Channel 16 continued in 2013. In 2008, the Commission assumed all program
production duties on behalf of the City for the Valley Beat and Hook & Ladder programs.
The City also used City and Commission staff to produce a video of the State of the City
address. The City continued to cable-cast live Planning Commission and City Council
meetings. These meetings were recable-cast periodically.
• Public Access Television: Under the new franchise agreement, Charter Communications is
no longer required to provide the same public access television opportunities provided in the
past. In 2010, Charter transferred this responsibility to the Cities in the joint powers
commission. The cities provided video bulletin board messages on the channel, but not
program playback.
• Joint Powers Commission Summary: The Commission continued to provide staffing and
support services to the Cities of Apple Valley, Farmington, and Rosemount. With the full
compliment of public safety programs under production, more of the staff time is devoted to
the production of the bi-monthly programs.
The Telecommunications Advisory Committee welcomes direction from the City Council as well as
any recommendations, questions, or concerns.