Minutes 09/26/2023 - Laserfiche WebLink

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September 26, 2023 Background:  The Portsmouth Community Broadband Network Authority (PCBNA) was initially established pursuant to Resolution R-20-23 adopted by City Council on September 8, 2020.  The Authority is authorized by the Virginia Wireless Service Authorities Act, Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as amended (the “Act”).  The Authority was formed to facilitate the leasing and operation of the City’s Broadband Network in order to maximize the Network’s benefit to the City and Portsmouth citizens. Discussion:  The PCBNA has a seven-member Board of Directors. Initially, the PCBNA’s Articles of Incorporation provided that the seven members of the Board would be the members of City Council.  However, a majority of the members of Council have indicated by preliminary consensus that they would prefer the PCBNA Board of Director positions to be held by private citizens, as is the case with the City’s other Boards and Commissions.  To allow private citizens to serve as the PCBNA Board of Directors, it is necessary to (1) amend the PCBNA Articles of Incorporation to eliminate the requirement that Council serve on the Board; and (2) amend the City Code to add provisions establishing a framework for Council’s relationship with the PCBNA.  The proposed Code amendment also prohibits members of Council from being appointed to the PCBNA Board in the future. Financial Impact:  None. Recommended Action:  Adoption of the resolution and the ordinance. Next Steps Following Council Action:  Once City Council is prepared to appoint new PCBNA Board members, the members of City Council will resign from the PCBNA Board, and the new members will be appointed. 23-306(a): 1. Mark Geduldig-Yatrofsky, P. O. Box 50141, voiced his concern with process of removing appointees and asked that City Council make changes to that part of the ordinance. Motion by Mr. Moody, and seconded by Mr. Hugel, to adopt the following resolution, and was adopted by the following vote: “RESOLUTION TO AMEND THE ARTICLES OF INCORPORATION OF THE PORTSMOUTH COMMUNITY BROADBAND NETWORK AUTHORITY. WHEREAS , on September 8, 2020, the City Council of the City of Portsmouth, Virginia, determined it was in the best interest of the citizens of the City to form an authority known as the Portsmouth Community Broadband Network Authority, under the provisions of the Virginia Wireless Service Authorities Act, Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as amended, and adopted resolution R-20-23 creating said authority; and WHEREAS , the City Council now desires to amend portions of Article V of the Articles of Incorporation of the Portsmouth Community Broadband Network Authority, pursuant to Virginia Code Sec. 15.2-5431.8:1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORTSMOUTH, VIRGINIA, that: