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HomeMy WebLinkAbout2006-01-09 Board of Selectmen Minutes Board of Selectmen Meeting January 9, 2006 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Camille Anthony,Vice Chairman Richard Schubert, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Attorney Bill Solomon,Verizon Representatives Peter Bowman,Paul Trane and Tom Antonucci. Discussion/Action Items Continued Verizon Hearing _ Attorney Bill Solomon and Verizon representatives Peter Bowman, Paul Trane and Tom Antonucci were present. The Town Manager noted that the.draft Minutes from the December 19, 2005 Meeting were in the packet.' The purpose of the meeting is to follow up with Verizon on.three items --. the definition of a cable system, an accelerated schedule for installations, and how businesses will be addressed. He is not anticipating any decision tonight, and he recommends to continue the hearing to January 25, 2006 as a final continuation. Attorney Bill Solomon noted that the Town has negotiated and made compromises. If an agreement cannot be reached, then the Selectmen need to decide what to do. Chairman Camille Anthony asked how many times they have met since the last hearing. Attorney Solomon noted that there have not been any in person meetings but teleconference calls. There is no agreement on the three above mentioned issues. If these issues are addressed, then the rest falls into place. Chairman Anthony noted that the deadline is February 3, 2006. Verizon Representative Paul Trane noted that Verizon would jointly seek a waiver of the 12 month rule if the Town was amenable to it. He also noted that they are continuing discussing the definition, and that the issue of getting cable to businesses is more a definition of build out. Verizon Representative Peter Bowman noted that this is a multi-million dollar investment for Verizon. They built the fiber and brought it to the Town. .He feels that this is an economic development engine for the Town. It is a reliable network with 100 megabits. The overlay is existing in the aerial network with fiber in 98% of the Town. The other 4% of the Town is buried so they are going past those. They are negotiating the property owners of Summit Towers,Peter Sanborn and Frank Tanner. Board of Selectmen Meeting—January 9 2006—Page 2 Mr. Bowman noted that in the Downtown area, the lateral connections will need to be done when the Downtown project is done so the street won't need to be dug up afterwards. He also noted that he will look at all of the buried developments, and work with the Town Manager to set up a schedule. Selectman Ben Tafoya asked if any resident, except for Downtown and Sanborn Village, can call tomorrow and set up a time for installation. Mr. Bowman noted that multi-dwellings and buried developments will take longer. Attorney Solomon noted that it is important that if they don't do something, then the license tell them they have to do something. For instance regarding businesses, the proposal is "may" provide services to businesses and that is not enforceable. He also noted that there are some locations that don't have a certain density that Verizon won't provide to if they are not required. Mr. Trane noted that there has to be a level playing field. There is nothing in the incumbent agreement to provide to all businesses. Chairman Camille Anthony noted that it is a good idea to set a schedule by type of installation; i.e., air, buried and multiple dwellings. Mr. Trane noted that there is a caveat in the license for certain areas. Atttorney Solomon indicated that clause gets them out of providing service when the development or buildings have no access within their reasonable determination, or for technical reasons or non-standard conditions or due to excessive costs, then they don't have to provide service. Mr. Trane asked if there are properties not receiving service now, and the Town Manager indicated that the parsonage at the Old South Church and the house next to the Fire Station because it exceeds the 100 foot limit. Comcast can provide the service but the property owner will have to pay extra for installation. Mr. Trane noted that they have negotiated three years to provide service to the whole Town. If they can do it quicker than that, they will. They are willing to develop a schedule with the Town. Chairman Camille Anthony asked about customer service. Mr. Trane noted that there are certain customer service items in the contract. They are committed to providing the best service, and they feel that they will win in the market place. Attorney Solomon suggested that Paul Trane prepare a one page summary on how Verizon will serve the subscribers versus the federal regulations. Vice Chairman Richard Schubert asked about the definition of a cable system. The Town Manager noted that the ball is in Verizon's corporate court. The Town wants to reference the federal law, and Verizon wants to make changes to it. The Town Manager noted that the gross revenue is based on the cable system and it is referenced in other places in the contract. Board of Selectmen Meeting—January 9, 2006—Page 3 Mr. Trane noted that there is also the issue of Title 2. Attorney Solomon noted that we are not trying to regulate the infrastructure—Verizon is seeking a definition to shape the future. Verizon feels that if they provide service through the internet, then they don't have to follow the cable regulations. Mr. Trane noted that Verizon was given permission as a non-cable provider in New York. The Town Manager asked if Verizon will have a firm position on January 25, 2006. Mr. Trane indicated that what is in the contract is their firm position. He also noted that they are here to negotiate and, hopefully, can reach an agreement. He also submitted a transcript of the last hearing. On motion by Schubert seconded by Tafoya, the Board of Selectmen voted to continue the hearing on the Verizon application to January 25, 2006 at 7:00 p.m. in the Police Station Community Room, 15 Union Street was approved by a vote of 5-0-0. Review the Stop and Shop Plans -- The Town Manager reviewed the Stop and Shop plans with .the Board. The Board had concerns that the location of the building behind a sea of parking may not be the best layout for the site. They suggested moving the building closer to Walkers Brook Drive with the parking located to the east and to the south. The Board concurs with the Development Review Team's comments that the access drive on Walkers Brook Drive needs to be moved to a location more equidistant between General Way and New Crossing Road. The Board indicated that they feel very strongly that access from the Danis property to the New Crossing Road property must be achieved as part of this site development. The Board noted that an equitable arrangement would need to be made between the property owners. Review Action Status Report—The Town Manager reviewed the Action Status Report. Policy of Detours - The Town Manager noted that the Police Chief, the new Safety Officer and DPW will work together on this. Ash Street Crossing - The Town Manager noted that Jiffy Lube is not interested in giving up any property. The Board may have to take a sliver of property, and then it would have to go to Town Meeting. The Town Manager noted that the MBTA will help out with funding to eliminate the grade crossing. An appraisal needs to be done. Gazebo Circle — The Town Manager noted that CPDC held back $30,000 to address drainage issues. The Town Engineer noted that there is a solution, and he will meet with the consultant engineer. Pitman Bike Path—The Town Manager noted that this is still in the concept stage. He will find out if funding is still available. Board of Selectmen Meeting—January 9 2006—Page 4 Downtown Improvements — The Town Manager noted that borings are being done for the mast arms. Money is available. Mass Highway is reviewing the final plans. When it is approved, they will go out to bid, and then the Town will meet with the contractor to work out a schedule. Vice Chairman Schubert asked if this will be done in one construction season, and the Town Manager indicated that it will not. Downtown Parking — The Town Manager noted that there have been a number of changes requested. There will be a workshop meeting on February 21, 2006 to'deal with this issue. He will get an update from the Police Chief on the number of reserved parking spaces that have been sold. Imagination Station — Selectman James Bonazoli noted that sample materials are being tested. Chairman Anthony noted that we need a plan. Selectman Bonazoli noted that the Recreation Department funds are self supporting. The Town Manager noted that we need to get a group to do fundraising for Imagination Station. Lost Dogs — Chairman Camille, Anthony asked what other communities do, and the Town Manager noted that he thinks most use private kennels. Chairman Camille Anthony reviewed the procedure for the January 17, 2006 Addison-Wesley meeting. A motion by Tafoya seconded by Bonazoli to adjourn the meeting of January 9, 2006 at 9:50 p.m.was approved by a vote of 5-0-0. Respectfully submitted, krLary ,/