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HomeMy WebLinkAboutORDINANCE 6011113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6011 File Number: 2017-0618 AMEND TELECOMMUNICATIONS BOARD: AN ORDINANCE TO AMEND ARTICLE IX TELECOMMUNICATIONS BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CITY CODE TO REDUCE THE FREQUENCY OF MEETINGS FROM MONTHLY TO BI -MONTHLY WHEREAS, the Telecommunications Board and City staff agree that meeting at least once every two months rather than every month would allow for telecommunications topics of discussion to be developed more fully and allow for better inclusion of the City's Information Technology department which will enhance the Board's role as an advisor to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A) of §33.209 Procedures in Article IX, Telecommunications Board, and enacts a replacement § 33.209(A) as follows: "(A) The Telecommunications Board shall meet at least once every other month and may meet more frequently if necessary to carry out its duties. Four members shall constitute a quorum." PASSED and APPROVED on 11/21/2017 Page 1 Printed on 11/27/17 Ordinance: S# File Number 2017-062 wfst Sondra £SmitECi! Clerk Treasurer Page2 Printed m,1/2 7/17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File '-- File Number: 2017-0618 Agenda Date: 11/21/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 2 AMEND TELECOMMUNICATIONS BOARD: AN ORDINANCE TO AMEND ARTICLE IX TELECOMMUNICATIONS BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CITY CODE TO REDUCE THE FREQUENCY OF MEETINGS FROM MONTHLY TO BI -MONTHLY WHEREAS, the Telecommunications Board and City staff agree that meeting at least once every two months rather than every month would allow for telecommunications topics of discussion to be developed more fully and allow for better inclusion of the City's Information Technology department which will enhance the Board's role as an advisor to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A) of §33.209 Procedures in Article IX, Telecommunications Board, and enacts a replacement § 33.209(A) as follows: "(A) The Telecommunications Board shall meet at least once every other month and may meet more frequently if necessary to carry out its duties. Four members shall constitute a quorum." City of Fayetteville, Arkansas Page 1 Printed on 11/27/2017 City of Fayetteville Staff Review Form 2017-061 Legistar File ID 11/21/17 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Doug Bankston 10/25/17 MEDIA SERVICES (060) Submitted By Submitted Date Division / Department Action Recommendation: Approve an Amendment to Article IX Telecommunications Board, Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget f V20140710 Previous Ordinance or Resolution # Ord. 4219 Original Contract Number: Approval Date: Comments CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 21, 2017 TO: Mayor and City Council THRU: Susan Norton, Director of Communications Don Mar, Chief of Staff FROM: Doug Bankston, Director of Media Services DATE: 10/25/2017 CITY COUNCIL MEMO SUBJECT: Approve Amendment to Article IX Telecommunications Board RECOMMENDATION: Adoption of a change to Article IX Telecommunications Board 33.209 Procedures subsection (A) to reflect a meeting frequency of the Telecommunications Board of at least bi-monthly. BACKGROUND: Revisions to Article IX Telecommunications Board approved by City Council last occurred May 19, 2015, and consisted of technical changes to reflect legislation passed by the Arkansas General Assembly in 2013 that affected municipal franchising agreements. This current proposed change affects only board procedure. DISCUSSION: At the October 19, 2017, Telecommunications Board meeting, the board discussed and unanimously approved a recommendation to change the board meeting frequency from at least monthly to at least bi-monthly, with the option to meet more frequently if necessary to carry out its duties. Board and staff concurred that a meeting frequency of at least bi-monthly would allow for telecommunications topics of discussion to be formed more fully and realized and would allow for better inclusion of the City's Information Technology department and its initiatives for which the Telecommunications Board could serve in an advisory capacity. BUDGET/STAFF IMPACT: None. Attachments: SRF, Council Review Memo, Original Article IX Telecommunications Board, Revised Article IX Telecommunications Board Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Exhibit "A" ARTICLE IX TELECOMMUNICATIONS BOARD 33.205 Purpose And Intent It is the purpose and intent of the City Council of the City of Fayetteville to define the scope of the Telecommunications Board to advise the City Council on telecommunications issues and use of the public rights of way designated for public access, educational, and government (PEG) television use in the City of Fayetteville. (A) Definitions. For the purposes of the Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning, (1) Education Channels. Education channels telecast non-commercial programming that Is educational and informational, with an emphasis on locally -produced programming. Programs may also be instructional, with learning potential for all audiences. (2) Government Channels. Government channels telecast non-commercial programming that is information about the City and other governmental entities, government services, and community life. Government channels support the City's communications initiatives by providing television coverage of public meetings, government programs, and government activities. (3) Public Access Channels. Public access channels telecast non-commercial programming that is provided by private Individuals. The channel operator exercises no control over the content of the programming, provided the programming Is not in violation of the law. (Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991, §33.205; Ord. 4504 07-15-03; Ord. 5478, 1-17-12) 33.206 Composition The Fayetteville Telecommunications Board shall consist of seven members appointed by the City Council. Members should have experience in one or more of the following areas: telecommunications infrastructure management, public policy development regarding communication and telecommunications issues, television, or other appropriate expertise. All members shall serve staggered four-year terms, (Ord. No. 3549, 5-21-91; Ord. No. 3986, §1, 7-16-96; Ord. No. 4219, 2-1-00; Code 1991, §33.206; Ord. 4504 07-15-03; Ord. 5478, 1.17-12) 33.207 Officers The Telecommunications Board shall elect from its members a chairperson, who shall serve a one-year term and shall be eligible for re-election to a subsequent term or terms. Further, the Telecommunications Board may elect such additional officers and establish any committees as It deems necessary for the proper performance of its duties. (Ord. No. 3549, 5-21-91; Ord, No. 4219, 2-1-00; Code 1991, §33.207; Ord 4504, 07-15-03; Ord. 5476, 1-17-12) 33.208 Staff Support The Mayor may designate city employees to assist the Telecommunications Board In performing its duties and carrying out its responsibilities under this ordinance. (Ord. No. 3549, 5.21-91; Ord, No 4219, 2-1-00; Code 1991, §33.208; Ord. 4504, 07-15-03; Ord. 5478, 1-17-12) 33.209 Procedures (A) The Telecommunications Board shall meet at least once each month and may meet more frequently if necessary to carry out Its duties, Four members shall constitute a quorum. (B) The Telecommunications Board may establish rules and regulations governing its procedures. (C) The Telecommunications Board's meetings and records shall be subject to the provisions of the Arkansas Freedom of Informatlon Act, A.C.A. §§25-19-101 et seq. (D) The Telecommunications Board shall provide the City Council an annual report briefly summarizing its previous year's activities and outlining its goals for the next year. (Ord. No, 3549, 5-21-91; Code 1991, §33.209; Ord. No. 4219, 2-1-00; Ord, 4504, 07-15-03; Ord. 5478.1-17-12) 33.210 Duties (A) The Telecommunications Board shall advise the City Council and make recommendations on telecommunications infrastructure Issues, including but not limited to the following: (1) Use and administration of cable N channels designated for public access, educational, and governmental (PEG) use; (2) Use and administration of tele- communications facilities and use of public rights of way for telecommunications infrastructure; (3) Use and administration of the City's television production and telecasting facility, as it is used for producing or telecasting public access, educational, or government programming; (4) Any reports submitted to the City by a PEG channel operator, a telecommunications agency, or other entities regarding telecommunications matters; (5) Funding for public access, educational, and government television operations; (B) The Telecommunications Board shall have the following duties and responsibilities: (1) Regularly review. the administration of the City's television production and telecasting facility; (2) Regularly review the administration of any cable television channels or other facilities designated for public access, educational, or government television use, unless the City Council enters into a contract with another entity or institution for such administration. If the city enters into a contract with another entity for administration of a PEG channel, the Telecommunications Board shall ensure contract compliance. Whether administered by the city or contracted, the Telecommunications Board shall work with City staff to facilitate the creation of policies regarding programming content selection, time guidelines for programming, viewer and facility user complalnttfeedback practices, and other such policies regarding the use and administration of the channels. A summary of all evaluations shall be forwarded to the City Council quarterly for their review, (4) Facilitate dispute resolution concerning PEG channels, including but not limited to operations or program content, (5) Track the complaints filed by Fayetteville residents to ensure that PEG channel operators are responding to complaints in an effective and timely manner. (4) Promote public awareness, use, and viewership of PEG channels; and, (5) Promote public awareness of telecommunications policy Issues; (C) The Telecommunications Board shall have authority to establish and disseminate such guidelines and regulations for itself as are necessary to carry out the duties and responsibilities set forth In this section, (Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991, §33.210; Ord. 4504, 7-15-03; Ord. 5478, 1-17-12) 33.211-33,225 Reserved (Ord. No. 3549, 5-21-91; Code 1991, §33.212; Ord. No.4219, 2-1-00) Exhibit "A" ARTICLE IX TELECOMMUNICATIONS BOARD 33.205 Purpose And Intent It is the purpose and intent of the City Council of the City of Fayetteville to define the scope of the Telecommunications Board to advise the City Council on telecommunications issues and use of the public rights of way designated for public access, educational, and government (PEG) television use in the City of Fayetteville. (A) Definitions. For the purposes of the Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) Education Channels. Education channels telecast non-commercial programming that Is educational and informational, with an emphasis on locally -produced programming. Programs may also be instructional, with learning potential for all audiences. (2) Government Channels. Government channels telecast non-commercial programming that is information about the City and other govemmental entities, government services, and community life. Government channels support the City's communications initiatives by providing television coverage of public meetings, government programs, and government activities. (3) Public Access Channels. Public access channels telecast non-commercial programming that is provided by private Individuals. The channel operator exercises no control over the content of the programming, provided the programming is not in violation of the law. (Ord. No. 3549, 5.21-91; Ord. No. 4219, 2-1-00; Code 1991, §33 205; Ord 4504 07-15-03; Ord. 5478, 1-17-12) 33.206 Composition The Fayetteville Telecommunications Board shall consist of seven members appointed by the City Council, Members should have experience in one or more of the following areas: telecommunications infrastructure management, public policy development regarding communication and telecommunications issues, television, or other appropriate expertise. All members shall serve staggered four-year terms, (Ord. No. 3549, 5-21-91; Ord. No. 3986, §1, 7-16-96; Ord. No. 4219, 2-1-00; Code 1991, §33.206; Ord. 450407-15-03; Ord. 5478, 1-17-12) 33.207 Officers The Telecommunications Board shall elect from its members a chairperson, who shall serve a one-year term and shall be eligible for re-election to a subsequent term or terms. Further, the Telecommunications Board may elect such additional officers and establish any committees as it deems necessary for the proper performance of its duties. (Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991, §33.207; Ord 4504, 07-15-03; Ord, 5478, 1-17-12) 33.208 Staff Support The Mayor may designate city employees to assist the Telecommunications Board in performing its duties and carrying out its responsibilities under this ordinance. (Ord. No. 3549, 5.21-91; Ord. No. 4219,2-1-00; Code 1991, §33.208; Ord. 4504, 07.15.03; Ord. 5478, 1-17-12) 33.209 Procedures (A) The Telecommunications Board shah meet at least once every other month bi-monthly)and may meet more frequently if necessary to Carry out its duties. Four members shall constitute a quorum. (B) The Telecommunications Board may establish rules and regulations governing its procedures. (C) The Telecommunications Board's meetings and records shall be subject to the provisions of the Arkansas Freedom of Infonnatlon Act, A.C.A. § 25-19-101 et seq. (D) The Telecommunications Board shall provide the City Council an annual report briefly summarizing its previous year's activities and outlining its goals for the next year. (Ord. No. 3549, 5-21-91; Code 1991, §33.209; Ord. No. 4219, 2-1-00; Ord. 4504, 07-15-03; Ord. 5476, 1-17-12) 33.210 Duties (A) The Telecommunications Board shall advise the City Council and make recommendations on telecommunications infrastructure Issues, including but not limited to the following: (1) Use and administration of cable TV channels designated for public access, educational, and governmental (PEG) use; (2) Use and administration of tele- communications facilities and use of public rights of way for telecommunications infrastructure; (3) Use and administration of the City's television production and telecasting facility, as it is used for producing or telecasting public access, educational, or government programming; (4) Any reports submitted to the City by a PEG channel operator, a telecommunications agency, or other entities regarding telecommunications matters; (5) Funding for public access, educational, and government television operations; (B) The Telecommunicatlons Board shall have the following duties and responsibilities: (1) Regularly review. the administration of the City's television production and telecasting facility; (2) Regularly review the administration of any cable television channels or other facilities designated for public access, educational, or government television use, unless the City Council enters into a contract with another entity or institution for such administration. If the city enters into a contract with another entity for administration of a PEG channel, the Telecommunications Board shall ensure contract compliance. Whether administered by the city or contracted, the Telecommunications Board shall work with City staff to facilitate the creation of policies regarding programming content selection, time guidelines for programming, viewer and facility user comp lalnttfeedback practices, and other such policies regarding the use and administration of the channels. A summary of all evaluations shall be forwarded to the City Council quarterly for their review. (4) Facilitate dispute resolution concerning PEG channels, including but not limited to operations or program content, (5) Track the complaints filed by Fayetteville residents to ensure that PEG channel operators are responding to complaints in an effective and timely manner. (4) Promote public awareness, use, and viewership of PEG channels; and, (5) Promote public awareness of telecommunications policy issues; (C) The Telecommunications Board shall have authority to establish and disseminate such guidelines and regulations for itself as are necessary to carry out the duties and responsibilities set forth in this section. (Ord, No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991, §33.210; Ord 4504, 7-15-03; Ord. 5478, 1-17-12) 33,211-33.225 Reserved (Ord. No. 3549, 5-21-91; Code 1991, §33.212; Ord. No. 4219, 2-1-00) RECEIVED DEC 12 NORTHWEST ARKANSAS OC T"Y LERK'S Democrat 2017 0 FACE Ordinance: 6011 File Number: 2017-0618 a '�11 tette AMEND TELECOMMUNICATIONS // BOARD: AN ORDINANCE TO AMEND ARTICLE IX TELECOMMUNICATIONS BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CITY CODE TO REDUCE THE FREQUENCY OF MEETINGS FROM MONTHLY TO BI - AFFIDAVIT OF PUBLICATION MONTHLY WHEREAS, the Telecommunications Board and City staff agree that meeting at I Karen Caler, do solemnly swear that I am the Legal Clerk of the � least mo every two months rather than every month would allow for Northwest Arkansas Democrat -Gazette, printed and published in 1� 1> telecommunications topics of discussion to be developed more fully and allow for Washington County and Benton County, Arkansas, and of bona fide better inclusion of the City's Information circulation, that frorn my own personal knowledge and reference Technology department which will enhance the Board's role as an advisor to the City advertisement of: to the files of said the advert onn il. publication, N NOW , THEREFORE, BE IT ORDAINED , BY THE CITY COUNCIL OF THE CITY CITY OF FAYETTEVILLE OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City Ord. 6011 of Fayetteville, Arkansas hereby repeals subsection (A) of §33.209 Procedures in Article IX, Telecommunications Board, and enacts a replacement § 33.209(A) as Was inserted in the Regular Edition on: follows: "(A) The Telecommunications Board shall meet at least once every other month and November 30 2017 may meet more frequently if necessary to carry out its duties. Four members shall constitute a quorum." Publication Charges: $ 81.90 APPROVED on 11/21/2017 ro ed APp ov Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer (villV Karen ealer 74356943 Nov. 30, 2017 Subscribed and sworn to before me This & day of 1 yC, 2017. &a !A,�L Notary Public My Commission Expires: xpires:� CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 **NOTE** MY Commission Expires Feb 20, 202: Please do not pay from Affidavit. Invoice will be sent.