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HomeMy WebLinkAbout1999-10-18 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 18, 1999 CALL TO ORDER: Keith Mitchell called the meeting to order at 7:30 p.m. ATTENDANCE: The following were present: Keith A. Mitchell, Chairman;William B. Duffy, Jr.; John R. Leeman, Jr.; James M. Xenakis; Robert J. Halpin, Town Manager; (Donald B. Stewart arrived at 7:55 p.m.) APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by John Leeman,to approve the Minutes of October 5, 1999; vote approved 4— 0. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT: Selectmen's Holiday Breakfast. Keith Mitchell announced that the Selectmen's Holiday Breakfast would be held on December 3, 1999, from 6:30 a.m. to 9:30 a.m. Solid Waste Advisory Committee. The Town Manager said that an organizational meeting of a group of residents was held. This group is interested in advising the Town on solid waste management options. He invited any citizens who would like to join to come to the next meeting scheduled to be held on October 26, 1999, at 7:30 p.m. at Town Hall. CONSENT ITEMS: Festival Committee—Holiday Events. The Festival requested permission to hold a several holiday events including a holiday parade,tree lighting ceremony and other events to be held at Stevens Estate @ Osgood Hill. John Leeman made a MOTION, seconded by James Xenakis to approve the holiday events; vote approved 4— 0. OLD BUSINESS: Department of Telecommunications &Energy— Open Access Forum. The Town Manager stated that the cable/television franchise license is in the process of being transferred from MediaOne to AT&T. The transfer requires the Board of Selectmen's approval. Representatives from an Open Access group and MediaOne attended the meeting and made presentations. Harold Hubschman, chairman of the Massachusetts Internet Service Providers Coalition, represented Open Access and Mary McLaughlin, Corporate Counsel, Broadband Services, represented MediaOne. Mr. Hubschman said that by supporting open access the Board would be promoting competition in the Internet industry. If open access is opposed,the cable industry in North Andover will be a monopoly which would result in higher prices and no choices. William Duffy said that the Board of Selectmen can approve or disapprove based on only four criteria. These are: management experience,technical expertise, financial capability, and legal ability to operate a cable system under the existing license. Board of Selectmen Minutes October 18, 1999 Page 2 John Leeman asked if MediaOne had to have an agreement with North Andover before they can transfer the license. The Town Manager said that in order for MediaOne to transfer the license,they need to go through a process whereby the Issuing Authority approves the transfer. They need a vote from the Board prior to November I Ph or if the Board does nothing, it is considered to be approved. Attorney McLaughlin said that AT&T's merger with MediaOne will offer more customers more choice for local telephone service and new broadband services at lower prices and faster speeds. Through cable, AT&T will be able to offer residential customers the first real alternative to the incumbent local monopolies. She further stated that when companies compete, consumers win. Attorney McLaughlin said that she doesn't believe that"open access"means more choice; rather, it means less choice. She said many other groups of government officials have voted not to support an open access platform. Keith Mitchell thanked both presenters for attending. The Town Manager said that Attorney Peter Epstein would attend next week's meeting to discuss a variety of issues including AT&T's understanding of the local access requirements,the equipment for the studio and the commitment to staff the studio. There are difficulties the Assessors have in obtaining income statements that allow for a more accurate valuation of the equipment, particularly the community antenna. William Duffy said there should be a vote to appoint Attorney Epstein as Special Counsel. William Duffy made a MOTION, seconded by John Leeman,to appoint Attorney Epstein as Special Counsel in order to advise the Board on cable issues, and also ask him to attend the meeting on October 25, 1999; vote approved 5 — 0. William Hansen said the cable TV business has the strongest lobby, and he said he would be very unhappy to have choice taken away. Policy Regarding Reporting Status of Legal Activity to Board of Selectmen. The Town Manager said that Town Counsel and he are in the process of completing the quarterly report. Town Counsel is scheduled for an Executive Session on October 25, 1999,to review pending litigation. William Duffy stated that the issue of the policy he submitted. There was discussion by the Board and the Town Manager regarding this policy and possible logistical problems. There was also discussion about a legal sub-committee being advised about proposed litigation. It was agreed that this issue would be discussed on October 25tH Close Town Meeting Warrant. The Town Manager said there are four proposed articles for the Special Town Meeting to be held on December 6, 1999. The Articles include: Amendments to the General Appropriation, Capital Improvement Plan Appropriation,Water Enterprise Fund Appropriation and Sewer Enterprise Fund Appropriation. John Leeman made a MOTION, seconded by William Duffy,to close the Warrant; vote approved 5 - 0. Board of Selectmen Minutes October 18, 1999 Page 3 NEW BUSINESS: Budget Message Sub-Committee. James Xenakis made a MOTION, seconded by William Duffy,to appoint Keith Mitchell and John Leeman,to the Budget Message Sub-Committee; vote approved 5 — 0. Budget Communications Group Representatives. John Leeman made a MOTION, seconded by Donald Stewart,to appoint James Xenakis and Keith Mitchell to the Budget Communications Group; vote approved 5 — 0. ADJOURNMENT: William Duffy made a MOTION, seconded by James Xenakis,to adjourn the meeting at 8:45 p.m.; vote approved 5 — 0. Ann M. Keating Administrative Secretary James M. Xenakis, Clerk of the Board