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Home My WebLink About2006-0501 Study Session Packet Barbara christenson City Recorder '1 Meeting Packet Counm_ CITY OF ASHLAND CITY COUNCIL STUDY SESSION AGENDA Monday May 1, 2006 at 5: 15 p.m. Council Chambers, 1175 East Main Street 1. Railroad Property 2. Ashland Fiber Network Open Carrier Discussion ... In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). r~' CITY OF ASHLAND Council Communication/Study Session Railroad Property Update Meeting Date: May 1, 2005 Department: f' istration Contributing Depa ts: Approval: <;" Primary Staff Contact: Ann Seltzer \$'> ann@ashland.or.us Secondary Staff Contact: Gino Grimaldi grimaldig@ashland.or.us Estimated Time: 1 hour Statement: The Union Pacific Railroad Company (UPRR) is planning to begin a voluntary cleanup of the railroad property in Ashland in preparation for sale ofthe property. Background: In 2001 the Oregon Department of Environmental Quality (DEQ) issued a Record of Decision (ROD) detailing the selected remedial actions for UPRR and the former rail yard in Ashland. The yard is located on a 20-acre parcel north of A Street. The yard operated as a locomotive maintenance, service, and railcar repair facility between 1887 and 1986. Facility operations resulted in environmental contamination at the site. Soils have been contaminated with arsenic, lead, polynuclear aromatic hydrocarbon compounds (PARs) and total petroleum hydrocarbons (TPH). UPRR will be cleaning the site to residential standards which includes, but is not limited to, excavating soils containing contaminants and transporting these soils off site for treatment and/or disposal; removing the oil/water separator, tank saddles and contaminated soils near the separator and saddles; backfilling the two man- -made ponds after water and sediments have been sampled and/or removed and disposed of, if necessary; removing ballast and residual petroleum associated with the former drip slab and more. These actions are considered to be protective, effective, reliable, implantable and cost-effective. The selected remedy is consistent with the future anticipated use of the site as a mixed commercial/residentialland use area. Staff is in regular contact with DEQ and has been working with the agency to develop the public involvement plan. The Mayor and staff met with representatives ofUPRR on April 21, 2006. Assuming that the bids are within budget, UPRR will be awarding the contract for the cleanup sometime this week and anticipates work to begin in early June. They anticipate the process will be completed last for four months. Greg Aitken from DEQ will attend the study session and speak to the ROD as well as the draft Public Involvement Plan. Residents and businesses in the area immediately surrounding the railroad property were sent a letter about this study session and invited to attend to hear Greg speak about the clean up process. Attachments: . A Draft DEQ Public Involvement Plan · B Letter mailed to residents and businesses in the area surrounding the railroad property. · C Letter from the Mayor to Mike Sattler, UPPR real estate division. . C Letter from the Mayor to Greg Aitken, DEQ project manager. PUBLIC INVOLVEMENT PLAN FOR ENVIRONMENTAL CLEANUP Former Southern Pacific Rail... y.. ~. KMlI Ashland, Oregon .. ..1111111'" IIII11111 111111' Ill> 111111111' updated April 13, 2006 Greg Aitken, Project Manager Cleanup Program Oregon Department of Environmental Quality Public Involvement Plan for Environmental Cleanup Former Southern Pacific Rail Yard Ashland, Oregon Updated April 13, 2006 This plan has been developed by the Oregon Department of Environmental Quality (DEQ) for public involvement in on-going environmental clean , ork at the former Southern Pacific Rail Yard (Yard) in Ashland. The Yard is c y owned by the Union Pacific Railroad Company (UPRR) and UPRR is manaiin ,~ite cleanup work. Since 1993, UPRR and its predecessor, the Southern Pacific, . aHlWqrnpany (SPRR), have been voluntarily investigating soil and grOUndw..at~l' inatiollil!ll1;he..As..hland Yard and planning its cleanup under the supervision OJ,,Itl'EQ. 1111111111100 Plans to implement the final Yard cleanup h..w een poslpill\l.. eld for severa~~s by UPRR until recently, when the sale ofthe pr~~~ wail.~Pfiiated with a bu}IJf. UPRR now plans to undertake the final cleanup of the . . . .\1-2006, after executing a Remedial DecisionlRemedial ActiQql~. ll~ment. W..it . ...... Q during the spring of 2006. . . .\... '1IIll!jj ,\1114 DEQ belIeves that publIc mvolvemen ... an ~Ii.. ..... ...1 compCfttAnt of a successful environmental cleanup. . Public involv nt pr ... ....... .....1IfinsutE.ilfuat people who live and/or work in the communiti ~I: ding cl ff t. ~ hJvUl1mportunities for participation in the environmental d.JBn-m proce II, effective public involvement program should enable coI)ff d citizens particip ..'n the process of restoring the environment at the , and s responsi'Uaddress any public concerns about threats or perceived t ~. '.~j. ttwelfare. Concerns of the public must be address~ft...I...nHttml~V:lY, ij nsistentiy1mlYUPm-e confidence in the process and the outco~... ~*! ql!!llll!1 \ II; 1111lW I,ll'!' IIII . pr. evi ~~bliC involve effo~lrelated to the Ashland Yard have included public informati . eetings hel 1992, 1994, and 1999. DEQ hosted a formal public comment p in 2000 re deciding on the final cleanup plan for the Yard. A document repo co mg major project reports was established at the Ashland Public Library in ~,al iH]1 This public involvement plan serves as a blueprint for public information and participation during the Yard's cleanup. It identifies the process for identifying the public's concerns relating to the project and site cleanup, and suggests ways that those responsible for the cleanup will respond to those concerns. It should also be considered a "work in progress;" the plan is subject to modification based on the community's needs. I. Objectives The objectives ofthe public involvement program for the cleanup of the Yard are to: Page 3 Public Involvement Plan for Ashland Rail Yard Cleanup April 6, 2006 1. Update information regarding community concerns, ideas, and options relevant to the cleanup; 2. Re-establish relationships with the community and provide opportunity for community involvement; 3. Provide health and safety information about environmental impacts and the cleanup work to potentially affected persons and nearby residents. ;~~;~;:;:;~;o~~~-::~::: ~~::n~eO~~Jla~III:W;~~e~~sd :r~:~:~:~E!~::::~;~:~~r~~;:~~IDn lOC:i~ ~~{a~~t The Yard operated between 1887 and 1986 as a laUh~.. ... .... U maintenance and railcar repair facility. Various structures in ing a hoteV~ ....... ger station, freight station, car repair shed, turntable, roundhouse, ~ij~llaneous' rijrffi and storage buildings were once present at the site. A 55,000-b aD8U~I... J:id BUHttUIl~ fuel oil tank was installed at the site around .1900 and re ve '>.~lJ.1940l111'Most locomotive maintenance and fueli~%lfHfflnRfff were . iod~~ore 1960. All facilities rel~ted t~ t~e rail y~fltftP>>e SiIm~..~.....ee~ re . . A few concrete foundations remain. Two ;:;;s:;~~~;~~...Oa~!lfIUi~~~:~~c~ ~~di::~:~~::::~~ Cont ed sJIT IlJr~~~e removed to the saturated zone at approximately 3.5 feet ground s Ni sive product recovery wells were then installed in the E;c~~~'I:~ig~f;~~f~~:~:a€~~;:~~:i1 Southern Pacific ~~~fM~ental Systems separated the site into three parcels and completed preliminary site assessment reports for each parcel in early 1991. Based on this work, DEQ issued a No Further Action finding for Parcell located along the southeastern property boundary. Both Parcell and Parcel 2, located along the southwestern property boundary, were subsequently sold. Phase I and Phase IT Environmental Site Assessments were performed on the eastern two acres of Parcel 3, the remaining portion of the site, in 1992 for a potential purchaser of that property. While the sale was never completed, the investigation helped identify potential soil and groundwater contamination related to past locomotive refueling operations at the site. DEQ reviewed and approved a remedial investigation (RI) Report in 1999, which identified contaminant source areas and extent. Page 4 Public Involvement Plan for Ashland Rail Yard Cleanup April 6, 2006 This report included a risk assessment that evaluated the degree of risk posed by site contamination to human health and the environment. The results of this work served as the basis for UPRR's Feasibility Study report, completed by UPRR in 1999 to evaluate and recommend the best methods for Yard cleanup. DEQ selected the final cleanup recommendation in a 2001 Record of Decision after soliciting public comments on a DEQ Staff Report. III. Human Health and Environmental Concerns . "1 ~III The human health concerns at the Yard include lead, arsen~~ll polynuclear aromatic hy~oc~bons in site soils exceeding DEQ's risk-based. s mW .' . . or possible future resIdentIal land use of the Yard. Groundwater cont. am.., 1. Hml0n b lt~~eu.. m hydrocarbons was identified, but was determined to not req.u.ir...e.. .c.ht....f~UP becaus~'~5groundwater onsite has no known beneficial use and there i.S..~. ....d1.. ....Nlhdence of contaml ts m. 1.' grating into off-site groundwater. Long-term eCOIOgt~a .lItsks from contamirl ffm. were not identified. I1111111 .. '1111' IV. Audience for Public InvolveIllRM Process 111111 .1111;;IIIlj1. . . 1111 The public involvement program for ltttrIA~i~~Y ard c ~~o will focus on all parties who are potentially affected, or percei~~a.t. the .Iii~mm~. ..n.[1.it.l~l t~ affected, by the Yard's environmental impa c. t. SiJ'lllII!IlIhlLf... u.. rp. OSd'.... ,d...e.!tl. ~in~~~~iling list for public outreach ~aterials.( e.g., fact ~Rft~tu}, rl~~IMsumes~I.1 o,:"ners and ?c~upants of prop~rties mcluded m the ar~.. Uown onjlI ....e 2 fit t Icntenon, at a mInImum. DEQ WIll c?nsult W.it~.t..h.. e...c.i' . ... fIA.Sh.1 ~ g If l. olr advi~fl~n refining these geographic limits for dIrect maIh.n......g.' '.~ a.. bout :ijijIR.. r.911 IlIIhllllllll'l '1 ""p !IIPl'lil!'I'i... 'Wlll. Illp v. ~11~wI~I~i:!UilW~mon '1111111111 DEd~1!. be responsibl~ . .pJ~g the following tasks as part of implementing the public irt~"tl'i~ment progr ...llor the Ashland Yard cleanup: \. Maint~I~lm1ate; ~.Iect website for timely, updated, and publicly accessible project info~J 'I'W ht :/ /www.de.e.or.us/wr/LocaIPro.ects/UPRRAshland/UPRRAshland.htm Key components of this website will include: project background, description of contaminant hazards, key documents,maps and photos, links to project partners and stakeholders, media coverage, and contact info. 2. Prepare and maintain a mailing list of local community members that fit the criteria outlined in Section IV above, including owners and occupants of the properties identified within the geographic area shown on Figure 2; Page 5 Public Involvement Plan for Ashland Rail Yard Cleanup April 6, 2006 2. Prepare fact sheets concerning the Yard's cleanup project status for mailing to all individuals included in the mailing list prepared in (1) above; 3. Notify all public involvement program participants of meetings, milestones, and project schedules; 4. Initiate and facilitate a public meeting; provide written information as hand-outs at these meetings; II 5. Respond appropriately to any concerns or issues raised ll'riuill~~ers of the local communIty; and 11'llllrll~II' '!ill Illl 6. Monitor the public involvement process to ensHrWthat questionYI~flRoncerned citizens are appropriately answered. , 1111111111111 111111111". To determine specifically how to communica~~l)IJjth the I Community, OOIQ will · Audience preferences: DEQ wil tml~~th loca UnJRplunity residents and city government officials regarding co till ~mlm~~_ence~Wftfi,being involved in the Ashland Yard cleanup. DEQ will r , fRe thei""~~nvofUltfuent program to account for these preferencli~IIIIII""1I11 '1111111111111" ."IIIIIi' . Amount of in hon neede !at- commllUlfff members wish to have increased mVOIvem~t, t ~i:~ wiM fimmlll"hliel~~'~~! of public mteraction, as feasible. To ensurmdliHM11~~ncemtf ~ocal comm lilt)' members are heard, DEQ may use the follo . plrn~thoa~lq"~ces to solicit feedback and provide information: . j hone calls to tll~aders; . In I meetings w .,' ndivi~1 community members; . Intera, workshops~ ~ · Electron Itnrril or me~ p e board to solicit input on specific issues. ; I! II' , I j! III VI. Content ,Ilin!;:!-' ii' DEQ will provide information about the cleanup to the local community consistent with the following criteria: . Information wanted (requested) by local community and local government officials; . Information that is likely to be misunderstood if not clearly explained; . Information deemed important by DEQ, UPRR, and/or the City of Ashland. Page 6 Public Involvement Plan for Ashland Rail Yard Cleanup April 6, 2006 DEQ staff will pay particular attention to ensuring that technical information is presented in plain English, in a manner that makes it understandable and accessible to the lay public. In response to anticipated public involvement in the Ashland Yard cleanup, DEQ will be prepared in advance to address a number of common issues that typically arise during public discussions about site cleanup, including the following questions: What is being cleaned up and why? What are the potential hazards from site contaminants? What regulations govern the cleanup process? . .... .11111111 How will the site be cleaned up? How will c,_J.dli~inated soil be trans:ported? ~I- . ".'..I.ll! . q'llll.., ........lllj!'i. Who will clean the site up, and how,wfI,.{.l."t. .b. e used ~~ardS? Ilmlli;!!lllhll'!i,. 1;P~'1' In 1.1 ill', I, When will the site be cleaned up, and~w Yoll.lll1l\iii it ta ~ijllll 11l111.. ,dlpnl lilHl What opportunities are f!'Hutmcommu1f1 illll~Ur'1! " What can we do !f11llll~.on't like. .t.~, U. 'Ia. n.s..w. erA [.!.L -lllli ,o~. . .1Ij'1 " Are there oth.. " e. '" r..gro.~~U~rren!~...n~_~.e ijUen through thzs process? IIl1llhIUUt..., '1IIW'I.'< . llllltlll Wha:l~wr suppblll~l,{he~B\ i~ommunities in our situation? 'llllt .11'11111 VII. "!I~~...~. or Implem .ng P~Jt>>I' !llllll In collaboiJ. with the of Ashland and UPRR, DEQ staffwill be responsible for preparing and , eie 1. the public involvement plan for the final cleanup. Depending on th' :1 f the inquiries and issues raised by community members, representatives from.. . Q, the City of Ashland, and UPRR will be prepared to respond directly. The roles of specific staff are identified below: Greg Aitken, DEQ: Implement and manage the public involvement plan; facilitate communication between DEQ, UPRR, and the City of Ashland regarding public involvement and the cleanup work; serve as the primary point-of-contact between DEQ and members of the local community, Accessibility will be ensured during construction work; Page 7 Public Involvement Plan for Ashland Rail Yard Cleanup April 6, 2006 Angie Obery, DEQ: Interpret and communicate toxicological information; lead role in risk communication; UP Representative: ? (e.g., daily or weekly project status reporting during construction activities, onsite point-of-contact for local government officials and media personnel during construction?) Ann Seltzer, city of Ashland: Advise on implementation of t_, " ~ic involvement plan for ensuring that community'il are met during cleanup planning and imPlemen,tatl'~~11 ' !ll!' d 1i I II, ~ ~ d f UPRR's representatives will be given an opportun'idUb review draWtlfM" all written materials used in the public involvement proc, es, LIDr~re they are distfffl4lfi~, to the local community. DEQ and UPRR will also hold,ll e meetin~t~as necess~f!Wor to the community meeting(s) to discuss the informal iW, b be p I~ed, meeting a~da, roles, and anticipate questions that maybe asked. DE~~ nd to UPRR's comments on drafts of written materials either by dllRF,ifying these! " , oals as appropriate or rejecting UPRR's comments with eXPlanatiol~ll',lllllI1HII , 'I, Iii ' Ii! Apr 27,2006: II. Ii . lWH!JmlfF.. I, post on DEQ's internet web server; :~~e~~i~~~~I:III~. . '.r~E:~;~=i~;~:~:?~:~e~ebsite; ::1 :~"lil~~~6.: ~.2~~~~=:~~~:;::n;;:Sbibute; uudertake '.il!':1 3 W public comment period for DEQ proposal to issue late 2006: 'l'llllll~rojl~~~~~~~e~:ll~~o~ :~~~ificate of completion to UPRR. If necessary, the schedule may be modified by DEQ and UPRR depending on public response or completion of key project milestones by UPRR. The public involvement program will proceed through the duration ofUPRR's cleanup work, until DEQ's issuance of a Certificate of Completion to UPRR anticipated by the end of 2006. CITY OF ASHLAND April 2006 Dear Neighbor: This summer, the Union Pacific Railroad intends to begin cleaning the railroad property in Ashland in preparation for the sale of the property. On Monday, May 1, Greg Aitken from the Department of Environmental Quality (DEQ) will speak to the council about the cleanup requirements and the specific actions that UPRR will take to bring the property to residential standards. Aitken will also present to the council the draft public involvement plan developed to keep you and all Ashland citizens apprised of the activities. Since you are neighbors of this property, you are receiving this letter inviting you to attend the study session and to learn more about this project from DEQ. The meeting will occur at 5:15 p.m. in the council chambers at 1175 East Main Street on Monday, May 1. Study sessions are informal meetings and provide an opportunity for the council to learn about issues and to ask questions of staff or other presenters. Sincerely, ~ JJLJ Ann Sel~~r, ~anagement Analyst and staffliaison to the project City of Ashland cc: Ashland City Council Gino Grimaldi, City Administrator Bill Molnar, Interim Community DevelopmenfDirector CITY OF ASHLAND December 15,2005 Mike Sattler Union Pacific Railroad 1800 Farnum Street Omaha, NE 68102 Dear Mr. Sattler: Greg Aitken from the Department of Environmental Quality (DEQ) has notified us that Union Pacific plans to move forward with a full-scale cleanup of the Union Pacific property located in central Ashland. As you probably know, that piece of property is the last and largest piece of undeveloped land in Ashland. The city is very interested in seeing it develop in a manner that compliments and enhances the exceptional design standards of our downtown core located just a few blocks from the railroad property. Our downtown is the heart of our community and reflects the high quality of life that we enJoy. As such, we are very interested in working with the developers early in the planning process to ensure that their objectives are in tandem with the desires of our community and land use code. Please convey to interested developers that we would like to be included in any dialogues as they develop their concepts and designs for that location. I understand that Union Pacific hopes to have the property ready for sale in the fall of 2006. The City may be interested in purchasing a few acres and would like to be considered as a potential buyer as you move forward in your process. The City is eager to work closely with Union Pacific and DEQ prior to and during the cleanup. As you can imagine, the cleanup will be a dusty and noisy process and residents in the immediate area as well as those along the truck route will be directly affected. We would be happy to help get the word out to those residents and the entire community about the cleanup as the project begins to take shape and throughout the ensuing weeks. Thank you in advance for keeping the city in the loop for this very important and significant project in our community. If you have any questions, please contact me directly at 541-261-2401 or by email at !l!'QIIi~QDj((l)ashland.oJ:.,-~_~. You may also feel free to contact our staff liaison to the project, Ann Seltzer at 541-552-2106 or via e-mail at ann((li3shland.oLlls. I believe you have previously spoken with her by phone. SinCerelY'~ . 'O~ C5'<\l-\~ d Morrison, .yor CC:Gary Honeyman Environmental Site Remediation Group Union Pacific Railroad 221 Hodgeman Street Laramie, WY 82072 Greg Aitken Project Manager & Hydrogeologist Oregon Department of Environmental Quality 1102 Lincoln Street, #210 Eugene. OR 97401 Ashland City Council Bill Molnar, Interim Community Development Director OFFICE OF THE MAYOR JOHN W. MORRISON CITY HALL - 20 EAST MAIN STREET- ASHLAND - OREGON 97520 TEL [541] 488-6002 - FAX [541] 488-531 1 - TTY 800 735-2900 MORRISOJ@ASHLAND.OR.US - WWW.ASHLAND.OR.US March 22, 2006 Greg Aitken Project Manager & Hydrologist Oregon Department of Environmental Quality 1102 Lincoln Street, #210 Eugene, OR 97401 Dear Mr Aitken: I am writing in regards to the proposed full-scale cleanup of the Union Pacific Railroad property in Ashland. I understand that you have not yet received a remedial action work plan from Union Pacific. When you do, I ask that Ashland be considered and consulted as the plan takes shape. We have a very active and involved citizenry and it is critical that our community have the opportunity to participate and weigh in on the final work plan. As you can imagine, the cleanup will be a dusty and noisy process and residents in the immediate area as well as those along the truck route will be directly affected. Further, our community swells with visitors during the summer months as do our traffic counts. As such, we will want to work with UP to determine the most efficient routes for the trucks and which will have the least impact on the community. In addition we will want to weigh in on the proposed daily work schedules and time lines. Finally, like other communities, we have specific permit requirements for excavation; grading, tree protection; water quality, soil erosion etc. and we will want to ensure that UP is fully aware of our local requirements. We will be happy to assist UP in getting the word out to the community about the cleanup as the project begins to take shape and throughout the ensuing weeks. Thank you in advance for keeping the city in the loop for this very important and significant project in our community. If you have any question, please contact me directly at 541-261-2401 or be e-mail atmorrisoni(cliashalnd.or.us. You may also feel free to contact our staff liaison to the project, Ann Seltzer at 541-552-2106 or bye-mail at ann((.V,3shland.or. us. Please keep us involved as the plan moves forward. SinCe:l~ ~ (S-N'" ~ ainrison, May~ CC:Ashland City Council Gino Grimaldi, City Administrator Ann Seltzer, Management Analyst Bill Molnar. Interim Community Development Director CiTY OF ASHLAND INCORPORATED 1874 ~'T CITY OF ASHLAND Council Communication AFN Decision Meeting Date: Department: Contributing Departments: Approval: May 1, 2006 IT ~ Legal, Finance Gino Grimaldi (' Primary Staff Contact: E-mail: Secondary Staff Contact: Estimated Time: Joseph Franell franellj@ashland.or.us N/A 60 Minutes Statement: During the March 7, 2006, City Council meeting, the Council voted to pursue implementation of the Open Carrier Option and directed staff to work with the drafters of this model to refine the strategy, numbers, legalities, and to identify next steps and bring it back to Council. Background: Why the Open Carrier Model isn't viable: Staff has received the advice of outside legal council (Jim Baller of The Baller Herbst Law Group) and was strongly cautioned against implementing the Open Carrier Option model as it is currently structured. Mr. Baller indicated that attaching services to a mandatory fee (even if the services are free) could be viewed as predatory pricing and/or a barrier to entry for a competitor. As such, even if you give the residents of Ashland "free" services as a benefit, having those services attached or tied to a mandatory fee of any kind is problematic and presents significant legal risk for the City. His very strong opinion was to address the debt service as a completely separate issue from the AFN question. Staff agrees and so has taken the following approach which includes the decision to deal with the debt as a completely separate issue: Because of this new information and how it impacts the direction the City Council had indicated during the March ih meeting, staff has revisited the AFN question as a whole. As part of this process, staff received input from; members of the community, City Councilors, internal and outside legal council, members of the Options Committee, and an outside consulting firm that specializes in telecom issues as they relate to municipalities. Staffs approach has been to start with the question of the video product as we know it today and whether or not we keep it as a service to the citizens of Ashland. Please refer to Attachment "A", the AFN Decision Matrix. As you can see, the matrix starts with this question: "Do we keep CATV (Cable TV)?" Staff believes that this is a central question that has potentially enormous impact to the community because of video's importance in maintaining a competitive marketplace in Ashland. Market research indicates that on average, residents of communities that have competing cable providers pay 15 - 23% less for their service (see Attachment B). This translates into tens of thousands of real dollars saved every month by every cable subscriber in Ashland regardless of who they get their cable from. Clearly AFN's value to the community is not just about dollars. The unique channel offerings (programming by Ashland, for Ashland) from AFN reflect Ashland's character and would be a loss to the community should that programming go away. Refer to Attachment C for a list and description of some of that unique programming. Additionally, staff experience indicates that bundling multiple products has a significant "intangible" value to the customer. Doing away with video will have the net result of reducing the perceived value ofthe internet product. Since approximately 6500 of Ashland's 10,000 households currently have cable TV (this number does not include satellite TV customers), it is clear that this issue is important. 1 r., . T AFN Decision Currently, AFN's video revenue is trending at about $108,000 a month (based on fiscal year-to- date data from end-of-month March 2006). Operating expenses associated directly with the video product are at approximately $169,000 a month leaving a negative margin of$61,000 a month. In order to get closer to reduce losses on CATV, the city will need to: · Increase rates to more closely match rate averages in competitive markets. This will make up approximately $1 Ok/month. · Restructure the channel line up to minimize programming costs. This also will include removing some of the more expensive, less watched channels over time. These changes will further narrow the gap by saving perhaps an additional 10% of the programming costs (about $6,000). · Closely control programming costs going forward by setting financial boundaries on programming commitments. This will keep costs in control going forward but will have no affect on current margin problems. · Structure marketing to encourage purchase of video tiers that have a higher margin. Even with all of the changes listed above, the CATV product still will lose between $600,000 and $700,000 per year. Thus, the question really becomes; "Are the resulting losses worth maintaining competition and unique programming?" Attachment D shows us that a 15% savings per household equates to real combined savings of$433,704/year for the 6500 homes with cable TV. A 26% savings equates to $665,014 in combined annual savings for those same households. This means that even if all Ashland CATV subscribers are realizing the maximum benefit of 26% savings on their cable bill, the resulting losses make it at best a "wash" financially. Since keeping CATV will result in additional rate increases, it is unlikely that citizens will realize enough of a savings to offset the losses. Again, please refer to Attachment A, the AFN Decision Matrix. Once the initial question of whether or not to keep video is answered, the next question that must be addressed is; "Does AFN become the exclusive ISP?" This question is one of both philosophical and practical importance. AFN was started using the concept of an "open" network. That has manifested itself in our current structure where AFN simply wholesales the majority of the bandwidth to privately owned businesses who are the retail internet service providers (ISPs) in Ashland. The internet product has been very well adopted in the city with currently more than 3900 customers on our network. AFN's internet product is currently generating around $122,000 a month in revenue while operating expenses trend at around $78,000 a month. This indicates a positive margin of about $44,000 a month. The ISPs charge an average of $9.88/month/customer over the wholesale rate. This translates into an additional $38,000 =t in revenue every month relating to the internet product that is not currently available to the city. Related City Policies: None. Council Options: Once the decisions have been made on whether or not to keep video and whether or not to become the exclusive ISP on AFN's network, the AFN Decision Matrix (Attachment A) will clearly lead the City Council to one of four options. 2 r., AFN Decision Option One: CATV Goes Away and AFN Continues to Wholesale Internet to the ISPs In this option, video (along with all of its associated cost) goes away and AFN's relationship with the ISPs is maintained. The community will lose the competitive landscape that currently exists and so residents could expect to see significant rate increases by Charter on their video product equaling or perhaps exceeding rates seen elsewhere in the valley (see Attachment E). The most significant aspect of this option is that the expensive (revenue draining) video product stops being a problem. In this option, the city keeps its relationship with the current ISPs but would need to restructure the contracts and pricing, and then become an ISP as well. The phone company uses this concept in their DSL model. They are the ISP but they also offer "premium services" through other ISPs who each have their own line of offerings and features for the customer. This would allow the city to realize an additional portion of the revenue from the market and fund infrastructure maintenance and improvements as needed. This approach makes the most sense as it helps to fund AFN's needs with additional revenue while keeping the "Open Carrier" philosophy in place. This option also appears to be the most financially sound (see Attachment F). Option Two: CATV Goes Away and AFN Becomes the ISP In this option, the video product goes away along with all ofthe associated costs as detailed in Option One. This option also does away with the "Open Carrier" internet concept the city has embraced since AFN's inception. The advantage ofthis is that every internet customer on the city's network will be generating revenue that is no longer shared with other entities. This has the potential of providing another $300,000 - $400,000 a year in net revenue. The risk is that Charter (broadband internet) and the ISP's DSL offerings significantly erode the current customer base during the transition. Staff believes that there is a greater than average probability ofthis happening. The financial analysis detailed in Attachment F assumes a 25% loss of customer base through the transition. Clearly, if the City Council decides to become the exclusive ISP on the AFN network, there is the obvious potential for additional revenue/margin from the data/internet product. Some of that revenue will have to be applied to funding at least one additional technician to service the customer base thus reducing the incremental margin by at least 16% depending on erosion of the customer base. Consideration must be given to the impact to the current ISPs themselves. Taking this path will have a range of effect on them from small to catastrophic. Since the partnership between the City of Ashland and the ISPs is long standing, this decision must be well thought out. 3 r~' AFN Decision Option Three: CATV Remains and AFN Continues to Wholesale Internet to the ISPs This option keeps video as a competitive influence in the marketplace, retains the unique programming AFN provides, and allows AFN to compete as a "bundled" service provider. It also retains the "Open Carrier" or wholesale concept that includes the city's relationship with the privately owned ISPs. The obvious question that presents its self with this option is; "Isn't this what we are doing today?" The answer is "yes" however, with this option we also would take the actions listed earlier in this document to reduce the losses experienced currently with CATV. The opportunity exists to simply run a tighter ship, leave the current ISP arrangements in place, and just strive to collectively (video and data) break even. Unfortunately, there has been little to no attention paid to AFN's aging infrastructure. This has resulted in a need to fund replacement of end- of-life (EOL) equipment in the headend. Also, the current bandwidth usage by AFN's customers has increased to the point where during peak times of the day, we are exceeding our available bandwidth. This necessitates purchasing additional bandwidth in the very near future. As a result, staff would recommend that the city become one of the ISPs as outlined in Option One in order to generate additional revenue. Option Four: CATV Remains and AFN Becomes the ISP This option keeps the CATV product as in Option Three but in this option, the city becomes the exclusive ISP. See Option Two's discussion about the implications of deciding for the City to become the exclusive ISP. Additional Options: All of the above options are variations of the original "Maintain and Enhance" option that was presented and discussed through the Options Committee work and subsequent staff and council meetings. There are two additional options that are still "on the table" from those discussions: the "Spin Off (JPRF)" option and the "Spin Off' option. Spin Off (JPRF) Option Under this option, JPR Foundation (JPRF) would assume operational control of AFN. JPRF has proposed an estimated $326,000 annual payment to the city with openness to negotiations for additional profit sharing dependant on the success of the venture. While there have been some initial discussions with JPRF, most of the details of this option would still have to be negotiated. Some specific points that would be central to these negotiations are: . Who owns the infrastructure? . Who pays for capital improvements? . How does the city guarantee that access to necessary services we currently uses to operate are available in the future including technology needs that are not currently recognized? . Are current National Cable Television Cooperative programming contracts assumable or can we structure the agreement so that JPRF could be our agent with the current contracts staying in place? 4 r.l' "--T-- AFN Decision Additionally, there is a concern as to (as presented by the Options Committee) the risk associated with the non-profit entity being unsuccessful and the City perhaps being forced to repossess the business with the value ofthe business damaged even further. Spin Off Option This option follows the model used by local hospital. AFN would be spun off as a not-for- profit entity with ownership of the infrastructure reverting back to the city if the venture failed. This model allows for closer ties to the city that a spin off under the previous model. Key points to this option follow: . As in the two "Maintain and Enhance" options discussed earlier in this document, the expense associated with CATV does not change with this option. The Options Committee stated that, "The Committee's projections suggest the new non-profit entity would operate on the slimmest of profit margins, with little margin for error." Staffs analysis of the financial viability of this option concurs with the Options Committee statement. · As presented by the Options Committee, "If the non-profit entity is unsuccessful, the City could be forced to repossess the business with the value of the business damaged even further" . Staff Recommendation: Staff recommends that the Council choose to pursue Option One. Option One does away with the expensive programming costs associated with a full CATV channel offering and allows for a greater and more stable revenue stream to fund infrastructure maintenance, additional bandwidth, and eventually contributions to the debt service. This option also maintains the "Open Carrier" concept for the data side of the business and as such the relationships that have been built with the ISPs. While a spin off could work, there appears to be too much risk involved and little or no financial upside associated with those options. Potential Motions: I move that it is the intent of the City Council to implement Option One as described in the Council Communication titled "AFN Decision" dated May 1, 2006, and direct staff to proceed as is appropriate to do so. 5 rj.' AFN Decision Attachments: Attachment A - AFN Decision Matrix Attachment B - Excerpt from the GAO Report to the FCC, dated March 2006 Attachment C - List of AFN Unique Programming Attachment D - Rate Increase Analysis Attachment E - Video Rate Analysis Attachment F - Annualized Financial Analysis . 6 rA' Attachment A AFN Decision Matrix Tuesday, April 25, 2006 NO YES NO YES NO YES OPTION ONE CATV Goes Away and AFN ContInues to Wholesale Internet to the ISPs Page 1 Attachment B Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) Annual Assessment of the Status of ) Competition in the Market for the Delivery of Video Programming ) MB Docket No. 05-255 TWELFTH ANNUAL REPORT Adopted: February 10, 2006 Released: March 3, 2006 Comment Date: April 3, 2006 Reply Comment Date: April 18, 2006 Cable Rates. Several studies, most notably several released by the U.S. Government Accountability Office (GAO), have shown that competition constrains cable prices. For example, in 2003, GAO found that competition to an incumbent cable operator from a wireline provider resulted in cable rates that were .'substantially lower (by 15 percent)" than in markets without this competition.l In this study, GAO also concluded that DBS (direct broadcast satellite) competition had lowered cable rates slightly, although the more pronounced competitive effect ofDBS was the addition of non broadcast networks to cable operators' channelline-ups.:f In 2004, GAO examined six market pairs to assess the impact of a BSP (broadband service providers) overbuilder. In each market pair, one market was served by a BSP overbuilder, and the other market was not. The market pairs were chosen based on their similarities in terms of size and demographics.J GAO found that communities with overbuild competition experience lower rates (an average of 23 percent lower for basic cable) and higher {luality service. 1 See U.S. General Accounting Office, Issues Related to Competition and Subscriber Rates in the Cable Television Industry, GAO-04-8, Oct. 2003, at 3, 9. 2Id. at 3,9-10. 3 See U.S. General Accounting Office, Telecommunications: Wire-Based Competition Benefited Consumers in Selected Markets, GAO-04-241, Feb. 2004. Attachment C AFN CABLE TELEVISION EXCLUSIVE CHANNELS Programming for Ashland by Ashland* * An appointed volunteer committee of Ashland residents created AFN's Cable TV lineup expressly for our community's interests. Free Speech TV Channel 36 AFN Basic Tier 2 Hard hitting investigative in-depth information and analysis programming on the most critical issues facing the world today. Icon news show, "Democracy Now bringing the voice of the marginalized to the airwaves with a commitment to truth, justice, diversity, and peace. Lime Channel 42 AFN Expanded Tier 3 Featuring entertaining and revealing programming focused on the environment and sustainability, personal growth, alternative health, healthy foods, and business ethics. LIME connects communities and offers inspiration from leading experts, authors, and pop culture icons. Ovation Channel 47 AFN Expanded Tier 3 The television network devoted exclusively to the arts, featuring programming on visual arts, theater, opera, music and dance. BET Channel 60 AFN Expanded Tier 3 Black Entertainment Television is the ftrst and only television network primarily devoted to the African American culture and lifestyle. Featuring universally appealing music, fashion, and entertainment programnnng. NASA TV Channel 76 AFN Expanded Tier 3 NASA TV provides real-time coverage of Agency activities and missions as well as resource video to the news media, and educational programming to teachers, students and the general public. Classic Arts Showcase Channel 77 AFN Expanded Tier 3 "Classic MTV": Bringing the classic arts experience to TV. The spectrum of classic arts disciplines aired on Classic Arts Showcase includes video samplings of animation, architectural art, ballet, chamber and choral music, dance, folk art, museum art, musical theater, opera, orchestral, recital, solo instrumental, solo vocal, and theatrical performances, as well as classic film and archival documentaries Worship Channel 80 AFN Expanded Tier 3 Christian programming. Connecting individuals everywhere to His spirit and truth, and then to each other, is truly the desire of The Worship Network. 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