TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: A Resolution Authorizing the Town Manager to Enter Into Negotiations to Renew a Performance Agreement with The Peoples Channel, Inc., and to Execute an Agreement Substantially Consistent with the Current Agreement
DATE: June 14, 2004
The attached resolution would authorize the Town Manager to enter into negotiations with The Peoples Channel, Inc., to renew a performance agreement for provision of community access television, and to execute an agreement that will be substantially consistent with the current agreement.
On April 9, 2001, the Town Council entered into a performance agreement with The Peoples Channel, Inc., to provide community access television in Chapel Hill. The agreement was for a three-year period, with the following provision for renewal:
“This Agreement shall have a term of 3 years from its effective date unless otherwise terminated. This Agreement may be extended by mutual agreement.” Upon discussion with the Town Attorney, we have interpreted this provision to allow the present agreement to continue by not taking an action to terminate it.
On May 28, 2004, Dr. Brenda Risch, President of The Peoples Channel’s Board of Directors, provided the attached letter (Attachment 1), requesting renewal of the performance agreement, and requesting no changes to the existing agreement. We have included the existing 2001 performance agreement as Attachment 2.
To our knowledge, no other groups have come forward to express interest in providing similar public access services.
Neither the existing (2001) performance agreement nor the original (1998) performance agreement requires a new agreement to be approved by Council adoption. According to the current agreement, “The Town reserves the right to determine the process by which it will consider renewal or extension of this Agreement.” The Council may wish to consider the agreement in its full text. However, we believe that the provisions of the renewal can be addressed at the staff level, and have provided the attached resolution for your approval.
(An additional item on tonight’s agenda provides the Council with The Peoples Channel’s Annual Report for 2003.)
We believe that The Peoples Channel has met the service requirements of its previous contracts. We recommend that the Council adopt the attached resolution, which would authorize the Manager to enter into negotiations with The Peoples Channel to renew a performance agreement for provision of community access television, and to execute an agreement that will be substantially consistent with the current agreement.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO NEGOTIATIONS WITH THE PEOPLES CHANNEL, INC., TO RENEW A PERFORMANCE AGREEMENT FOR PROVISION OF COMMUNITY ACCESS TELEVISION, AND TO EXECUTE AN AGREEMENT THAT WILL BE SUBSTANTIALLY CONSISTENT WITH THE CURRENT AGREEMENT (2004-06-14/R-7)
WHEREAS, The Peoples Channel, Inc., is a non-profit corporation organized by area citizens to provide community access television in Chapel Hill; and
WHEREAS, The Peoples Channel’s existing performance agreement is up for review by the Town and possible renewal; and
WHEREAS, the existing performance agreement does not require further review by the Council, thus giving the Council the option to authorize the Manager to address renewal provisions;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into negotiations with The Peoples Channel, Inc., to renew a performance agreement for provision of community access television and to execute an agreement that will be substantially consistent with the current agreement.
This the 14th day of June, 2004.
May 28, 2004 ATTACHMENT 1
Cal Horton
Town Manager
Town Hall, Second Floor
306 N Columbia St.
Chapel Hill, NC 27514
Dear Mr. Horton,
I apologize for the tardiness of this letter, but I hope that its simplicity helps minimize any inconvenience to the town. After three years full of growth and change, The Peoples Channel is again at the point where we would like to renew our contract with the town of Chapel Hill. After carefully reviewing our previous agreement, we have decided that there is nothing that we would like changed. I understand that the usual contract period between the town and outside parties is one year, so we are grateful to have a three-year period for our contract.
As there are no changes desired on our side of the agreement, and I am available any afternoon (with the exception of June 17-23) to meet with you and sign any necessary paperwork, I hope that this will streamline the renewal process. Please let me know when we can meet at your convenience. I can be reached via phone at 942-7778 or email at [email protected].
Thank you for the years of loyal support to The Peoples Channel. We have nearly quadrupled the amount of local programming during our most recent contract period, and anticipate continued growth in local productions.
Sincerely,
Brenda Risch, PhD
President, Board of Directors
The Peoples Channel