AGENDA DATE: 6/7/2017
TITLE:
Title
Wireless Service Authority Draft Resolution and Articles of Incorporation
SUBJECT/PROPOSAL/REQUEST: Provide Drafts of the Wireless Service Authority Resolution and Articles of Incorporation
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Walker, Letteri, Kamptner, Herrick, Culp
PRESENTER (S): Mike Culp, IT Director
LEGAL REVIEW: Yes
REVIEWED BY: Douglas C. Walker
BACKGROUND: Staff, as a result of Board direction and priorities, has continued since the Nov. 2, 2016 decision of the Board for the County to pursue a regional wireless service authority, to evaluate strategies to expand access to high speed internet service (Broadband) in Albemarle County. At the March 1, 2017 Board meeting, the Board directed staff to provide draft versions of the necessary Resolution and Articles of Incorporation for the Wireless Service Authority.
STRATEGIC PLAN: Infrastructure Investment: Prioritize, plan and invest in critical infrastructure that responds to past and future changes and improves the capacity to serve community needs; Educational Opportunities: Provide lifelong learning opportunities for all our citizens; Quality Government Operations: Ensure County government's capacity to provide high quality service that achieves community priorities.
DISCUSSION: From November 2016 through February 2017, staff continued efforts to identify the formation, risks, benefits, and characteristics of wireless service authorities. Attachment A is the draft version of the Wireless Service Authority Articles of Incorporation and Attachment B is the draft Resolution required for the public hearing on August 2, 2017.
Wireless Service Authority Formation
A wireless service authority is created by the Board through adopting a resolution after it has held a public hearing. The resolution includes articles of incorporation that: (1) state the name of the authority and the address of its principal office; (2) the name of the County and the names, addresses, and terms of office of the first members of the authority board; and (3) a statement that the authority is being created for the purpose of providing qualifying communications services. Notice of the public hearing must be published at least 30 days before the public hearing is held. If the Board adopts the resolution, the articles of incorporation will be filed with the State Corporation Commission and, if the Commission determines that the articles conform to law, it will issue a certificate of incorporation or a charter to the authority. An alternative procedure exists by which the question of whether to create an authority is put to the voters in a referendum. (Virginia Code §§ 15.2-5431.3 - 15.2-5431.8)
Composition of a Wireless Service Authority Board
Under the Virginia Wireless Service Authorities Act, a wireless service authority board may have either a five-member board or the number equal to the number of members of the governing body (in Albemarle County, that would be a six-member board). Members of the Board of Supervisors are authorized to also serve on an authority board. At its March 1, 2017 meeting, the Board decided that the authority board be composed of two members of the Board of Supervisors, two County staff, and one or two citizens. The Board is currently interviewing potential citizens for the citizen member. The Board is required to identify the first members of the authority board in the proposed articles of incorporation, which must be available for public inspection for at least 30 days prior to the public hearing. Therefore, the Board will need to conditionally appoint the authority board members at its June 7, 2017 meeting in order for them to be identified in the Articles of Incorporation that will be available for public inspection for at least 30 days prior to the August 2, 2017 public hearing.
Staff recommends that the Board set the public hearing for August 2, 2017 and staff will then advertise the August 2, 2017 public hearing and provide the final version of the Articles of Incorporation for public review.
BUDGET IMPACT: No budget impacts.
RECOMMENDATION:. Recommendation
As a follow-up from the March 1, 2017 decision to proceed with formation of a Wireless Service Authority, Staff is requesting that the Board take the following actions:
1 - Conditionally appoint the Board of Directors of the proposed Wireless Service Authority composed of two members of the Board of Supervisors, two County staff members (Mike Culp and Bill Fritz) recommended) and one or two citizens;
2 - Approve the attached Draft Articles of Incorporation and Resolution;
3 - Authorize staff to advertise the August 2, 2017 public hearing and provide the final version of the Articles of Incorporation for public review.
ATTACHMENTS:
Attachment A - Draft Articles of Incorporation
Attachment B - Draft Resolution