AGENDA DATE: 8/2/2017
TITLE:
Title
Wireless Service Authority Public Hearing
SUBJECT/PROPOSAL/REQUEST: Resolution to Create a Wireless Service Authority
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. From November 2016 through February 2017, staff continued efforts to identify the formation, risks, benefits, and characteristics of wireless service authorities, and provided that information to the Board.
At the March 1, 2017 Board meeting, the Board directed staff to provide draft versions of the Resolution and Articles of Incorporation to create the Wireless Service Authority. At the June 7, 2017 Board meeting, the Board approved the draft Resolution and Articles of Incorporation and directed staff to schedule an August 2, 2017 public hearing and make the Articles of Incorporation for public review.
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: On July 3, 2017 the revised draft Resolution and Articles of Incorporation were made available for public review. This public hearing is intended to provide citizens an opportunity to provide their input on the draft Resolution and Articles of Incorporation, which are attached. (Attachments A and B)
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 was published on Monday, July 10, 30 days prior to this public hearing, as required by Virginia Code §§ 15.2-5431.5. 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 June 7, 2017 meeting, the Board decided that the authority board be composed of six members, and conditionally appointed six authority board members. The Board has identified the first members of the authority board in the Articles of Incorporation, as required.
BUDGET IMPACT: No budget impacts.
RECOMMENDATION:. Recommendation
Staff recommends that the Board adopt the attached Resolution. (Attachment A)
ATTACHMENTS:
Attachment A - Resolution
Attachment B - Articles of Incorporation