[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.
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.
