Town of Islesboro, ME
Waldo County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Islesboro 4-28-2018. Amendments noted where applicable.]
This chapter shall be titled "Town of Islesboro Municipal Broadband Ordinance."
This chapter is enacted pursuant to Municipal Home Rule Authority, Me. Const., Art. VIII, Pt. 2; and 30-A M.R.S.A. § 3001.
The purpose of this chapter is to provide for the economic well-being and welfare of the inhabitants and businesses of the Town of Islesboro (hereinafter, "IMB subscribers") by providing universal access to a high-speed Internet broadband facility service.
This chapter shall apply to the Islesboro Municipal Broadband network (hereinafter, "IMB network"), which is the broadband facility service provided by the Town of Islesboro, and shall govern the following elements of the facility:
A. 
The physical plant infrastructure including, but not limited to, optical fibers, radios, cabling, electronics, power supplies, facilities, inventory, or other related technologies (hereinafter, the "IMB equipment"), which shall be owned, maintained and upgraded by the Town as needed;
B. 
The Town-provided interconnection of the IMB equipment to the public Internet in an open and non-discriminatory manner, in order to provide IMB subscribers with access to the World Wide Web and other related services such as e-mail and entertainment (hereinafter, "IMB services"), which services may be enhanced or expanded, from time to time, in the sole and exclusive discretion of the Town; and
C. 
The underlying contracts, leases, easements, rights-of-way and other agreements that the Town may, from time to time, enter into in order to provide the IMB services.
The IMB equipment shall be maintained and operated, and the IMB services shall be provided, for the benefit of the following stakeholders:
A. 
Islesboro property owners.
(1) 
A property owner may request to have a connection to the IMB network installed at a specific parcel of property owned by the property owner.
(2) 
A property owner may, at his/her/its own expense, redistribute the IMB services to any contiguous parcels of property that are in common ownership; provided, however, that no other redistribution of the IMB services is permitted.
(3) 
Prior to installation of service, any property owner requesting a connection to the IMB network shall execute any easements necessary to guarantee access to the property by the Town or its contractors for the purpose of installing, maintaining and/or upgrading the IMB equipment located on the parcel and/or any adjacent parcels served by the same IMB equipment. The Town shall bear the cost of recording any such easements at the registry of deeds, and such easements shall run with the land.
(4) 
Any property owner requesting IMB services shall be responsible for any costs necessary to ready his/her/its property for the installation and shall be responsible for any labor and materials related to the installation of IMB services.
(5) 
Property owners shall be responsible for any damage to IMB equipment that is caused either directly or indirectly by the property owners, their tenants or invitees.
B. 
IMB subscribers.
(1) 
IMB subscribers consist of the residents or businesses that utilize a connection to the IMB network, regardless of whether they are the owner of the property where the IMB services are located.
(2) 
The IMB subscribers' continued use and enjoyment of the IMB services is contingent upon compliance with all applicable policies including, but not limited to, the Subscriber Agreement and Acceptable Use Policy.
(3) 
IMB subscribers are responsible for any damage to IMB equipment that is caused either directly or indirectly by themselves, their tenants or invitees.
C. 
Town of Islesboro.
(1) 
The Town is responsible for maintaining the IMB equipment and IMB network in good working order.
(2) 
The Town's facilities shall be connected to the IMB network without a subscriber fee, but the Town's use of the IMB network shall be subject to and compliant with the Acceptable Use Policy.
An IMB Steering Committee (hereinafter, the "Committee") shall be established in accordance with the provisions set forth herein.
A. 
Membership, terms and organization.
(1) 
The Committee shall consist of five persons appointed by the Board of Selectmen for staggered three-year terms commencing on the date of appointment. Upon initial formation of the Committee, the Board of Selectmen shall appoint two members to one-year terms, two members to two-year terms, and one member to a three-year term. Thereafter, all terms shall be three years in duration.
(2) 
The members of the Committee shall be residents and/or taxpayers of the Town and selection shall be based upon knowledge of broadband issues and interest in the economic vitality of the Town. Members of the Committee shall serve without compensation.
(3) 
The Committee shall annually elect, from among the Committee members a Chair, Vice-Chair and Secretary.
(4) 
The Town Manager shall be an ex-officio member of the Committee.
(5) 
In the event of a vacancy, the Board of Selectmen shall appoint a member to serve for the remainder of the unexpired term. The Board of Selectmen shall endeavor to maintain the full membership of the Committee by filling vacancies as expeditiously as possible.
(6) 
The Board of Selectmen may remove a member from the Committee for cause shown, after notice and hearing. Excessive absence from regularly scheduled meetings shall be considered cause for removal.
B. 
Duties. The duties of the Committee shall include:
(1) 
Overseeing all IMB network operations, including, but not limited to, the day-to-day operations, maintenance, repairs, upgrades, policies, financial performance, procedures and IMB subscriber satisfaction issues;
(2) 
Setting and reviewing key performance indicators (KPIs) including, but not limited to, overall IMB subscriber satisfaction, which shall be measured and monitored;
(3) 
Reporting to and consulting with the Town Manager and/or the Board of Selectmen, upon request, on any IMB network-related matters;
(4) 
Preparing an annual budget for IMB network operations, which shall contain estimated revenues and expenses for the ensuing Town fiscal year, and issuing a recommendation to the Board of Selectmen in accordance with a schedule set by the Town Manager;
(5) 
Advising the Town Manager and the Board of Selectmen regarding operating personnel, contracts or contractors; and
(6) 
Maintaining and updating all documents related to the IMB network and IMB services including, but not limited to, the IMB Network Operating Agreement, the Subscriber Agreement, Owner's Rider, Acceptable Use Policy, and access easements.
C. 
Committee meetings.
(1) 
The Committee shall meet at least once per calendar year quarter, and meetings shall be called by the Chair (or Vice-Chair in the Chair's absence), Town Manager or Board of Selectmen.
(2) 
All meetings of the Committee shall be open to the public and notice of each meeting shall be publicly posted, along with the agenda, in accordance with applicable law.
(3) 
Committee meetings shall be attended by all Committee members, any ex-officio members, any members of the general public, and guests of the Committee (contractors, service providers, Town Attorney, etc.) for specific agenda items. A quorum of at least three members is required in order to conduct business, and attendance must be in person for purposes of establishing a quorum. Committee decisions shall be determined by a majority vote of those members present and voting.
(4) 
The agenda for each meeting shall include, at a minimum: establishing and reviewing KPIs and other service performance metrics; reviewing quarterly financial performance against the budget; and any other business as deemed necessary and in such order as the Chair may determine.
(5) 
When appropriate, the Committee may meet in executive session in accordance with 1 M.R.S.A. § 405.
(6) 
Minutes of all Committee meetings shall be kept by the Secretary or other designee, and shall be approved by vote of the Committee at a subsequent meeting. Once so memorialized, the agenda and minutes shall be filed with the Town Clerk.
D. 
Officers. The Chair, or in the event the Chair is incapable or unwilling to perform these duties, the Vice Chair, shall:
(1) 
Preside at all Committee meetings;
(2) 
Advise the Town Manager and Board of Selectmen on all matters related to the IMB network including, but not limited to, review of invoices prior to payment and help in resolving operational issues;
(3) 
Represent the Town and Committee in public forums related to broadband services, when so requested by the Town Manager or Board of Selectmen; and
(4) 
Have such other powers as may be reasonably construed as belonging to the Chair of any municipal committee.
E. 
Miscellaneous.
(1) 
Committee members may request reimbursement for appropriate expenses incurred in the attendance of IMB-related events off-island, in accordance with any applicable policies of the Town.
(2) 
Committee members shall neither request nor receive any benefits or services that are not available to other stakeholders, such as free subscriber services, discounts, etc.
A. 
Annual budget. On an annual basis, the Town Manager shall consult with the Committee to prepare and submit to the Board of Selectmen a proposed IMB network operating budget for the ensuing fiscal year that includes, but is not limited to:
(1) 
Recommended changes to the IMB fee schedule (installation fees, subscriber fees, reconnection fees) which, taken together, generate the revenue for the IMB network;
(2) 
Estimated operating expenses needed to maintain the IMB services and infrastructure in good working order;
(3) 
Cost estimates for any recommended capital improvements, upgrades and the like; and
(4) 
Calculations of any shortfall in fee revenue with respect to operating expenses.
B. 
The Board of Selectmen shall review the Committee's IMB budget recommendation and make any necessary revisions or modifications. Upon approval by the Board of Selectmen, the IMB budget shall be incorporated into the overall Town budget to be approved at the annual Town Meeting.
C. 
IMB fee schedule and related policies. The Committee shall recommend to the Board of Selectmen, from time to time, changes or revisions to the IMB fee schedule and any policies related to those fees. The objective of the IMB fees is to generate revenues sufficient to balance affordability for the stakeholders with the expenses to maintain the IMB services and infrastructure in good working order. The IMB fees should cover at least the marginal cost of the subscriber's internet connection. The Board of Selectmen shall establish and/or modify the fee schedule, in its sole and exclusive discretion. The Town shall be solely responsible for the collection of the fees set forth in the IMB fee schedule, and any failure to pay a subscriber fee will result in disconnection from the IMB services.
D. 
Financial architecture. The financial tracking and controls for the IMB network will be instituted as a Town department along with one or more financial management accounts as determined by the Town Manager and the Town's auditor.
This chapter may be amended from time to time by a vote of the Town Meeting.
If any provisions or clause of this chapter or application thereof to any person, persons, or circumstances is found to be invalid, then such invalidity shall not affect any provisions or applications of the chapter, which can be effectuated without the invalid provision or application. To this end, provisions of this chapter are declared severable.
This chapter shall become effective upon adoption by the Town Meeting, and shall remain in effect until repealed or rescinded.