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,
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