HomeMy WebLinkAbout2009-10-05 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES OCTOBER 5,2009
EXECUTIVE SESSION: The Executive Session convened at 7:00 p.m.
ATTENDANCE: The following were present:Chairman Tracy M.Watson;Clerk Rosemary Connelly Smedile;William F.
Gordon;Richard Nardella;Daniel Laren;Town Manager Mark Rees;Assistant Town Manager Ray Santilli.
Note: Rosemary Smedile and William Gordon recused;Town Counsel Thomas Urbelis was present
Update—Underground Utility Project in Old Center Area
Town Manager Mark Rees and Assistant Town Manager Ray Santilli updated the Board in regards to their meeting with
Verizon and their unwillingness to complete the underground project in the Old Center. Verizon stated the revenue
collected from the 2%surcharge has not brought in enough money to date to do the work because there has been a
significant loss of revenue from Its landlines.
The Town asked why the 2%surcharge was not applied to all of the services carried through their wires including cable
and internet as is required by state law. Mr.Usovicz and Mr.Zukoski of Verizon reiterated that their interpretation of
the law differed from the Town and they were not obligated to charge the 2%surcharge on those services.They would
not disclose how much revenue is received from cable and internet services.
When asked of the possibility of moving/relocating the poles that interfered in the public way(streets and sidewalks),
both representatives responded that they believed there was no mandate or obligation for the company to
move/relocate the poles. They said the poles were already in place when the streets and sidewalks were reconfigured
as part of the Mass Highway roadway project In the area. They said if Verizon is compelled to move/relocate the poles,
they would probably do so rather than place those wires underground and remove the poles completely.
Towards the end of the meeting,Town Manager Mark Rees got the impression that our legislators would continue to
^ work and be the Town's advocates and there could be a deal made on the Town's behalf.
Alternates that were discussed to bring this matter to resolution included:
1. Limiting the scope of the project to only underground those wires/poles that surround the perimeter of the
Town Common and not the entire project area;
2. Asking the state agency that oversees public utilities to interceded on the Town's behalf;
3. The Legislature passing the Town's home rule petition that would require the 2%surcharge to be applied to
cable and internet services and thereby resolving any dispute over the interpretation of current state law;and
4. Filing a lawsuit against Verizon to compel them to expand the 2%surcharge to cable and internet services.
Selectmen suggested not renewing the lease for cell towers at the Stevens Estate;Selectman Nardella will write a letter
to the Editor alerting the public of the Town's fight with Verizon,
Richard Nardella made a MOTION,seconded by William Gordon,to endorse the idea that the Town Manager should
enter Into discussion with Verizon for the purpose of limiting scope of the project to only underground those
wires/poles that surround the perimeter of the Town Common and not the entire project area
Richard Nardella AMENDED his MOTION,seconded by William Gordon,to note that the Town Manager should enter
into discussion of the alternatives that were discussed to bring the Verizon matter to a resolution Including options 1,2
and 3 and to authorize Town Counsel Thomas Urbelis to look into option 4. Vote approved 5-0.
Collective Bargaining
Daniel Laren made a MOTION,seconded by Rosemary Smedile,to move out of Executive Session.
Vote approved 5-0.
p4w\ ADJOURMENT:
Respectfully submitted,
Adele J.Johnson,Administrative Secretary