MINUTES
BOARD OF SELECTMEN
SEPTEMBER 25, 2006
PRESENT: Gary Taylor (Acting Chairman); Sara Mattes
STAFF: Tim Higgins (Town Administrator), Debra Parkhurst (Administrative Assistant)
Welcome & Introductions
In the absence of the Chairman, Mr. Taylor was elected Acting Chairman for this meeting. Mr. Taylor welcomed the public and Board members were introduced. Mr. Taylor reviewed the Agenda. He also announced that the Tax Classification Hearing will be continued.
Announcements
Ms. Mattes announced that the regular HATS meeting will be dateMonth9Day28Year2006Thursday, September 28, 2006 in the Lincoln Town Office. State Representative Jay Kaufmann will report on various State legislative work, including municipal utilities, expedited permitting. There will also be a Crosspoint update. Mr. Taylor announced that there will be a benefit on October 22, “Brunch for Books” sponsored by the Friends of the Library in support of their sister library in placeCityNew Orleans.
Appointments
7:30 p.m. placeCityLincoln Cable Committee: Public Hearing – Verizon Application for Cable Television License
PRESENT: Members of the placeCityLincoln Cable Advisory Committee: placePlaceNameAssistant PlaceTypeTown Administrator Anita Scheipers, Jim Cunningham; Town Counsel William Hewigg:
From Verizon: John Harrington, Paul Powell (attorney) Lillian McGue (public relations)
Mr. Taylor opened the hearing by explaining that this application is for a second cable provider (Verizon) in placeCityLincoln. The Town currently has a license agreement with Comcast for a ten year period from 2003 to 2010. Town Counsel Bill Hewig explained that the process for an original license is different than for a renewal, and this process involves the ascertainment of what the town will want for its service. The Committee also noted that State law demands a “level playing field” when a second provider applies and any terms must have the same economic parameters. Mr. Hewig stated that the differences between the two provider contracts are minor and attributed to corporate culture. The Committee recommends a 15 year initial term. Verizon would be obligated to
provide service to the entire town, with free drops and service to public buildings. This mirrors the Comcast license. Verizon will provide capital grants of $180,000, with the balance to be paid in yearly payments. The Comcast pay structure is different. The Verizon contract provides a 1% PEG operating grant and Insurance and bond provisions. There is also a provision for liquidated damages (failure to comply). Verizon will not give a Senior discount, but will give a grant to the COA for computer equipment and training. The customer services an billing practices are included into both licenses. Mr. Hewig said is is overall an “excellent” license. He noted that the provisions required by State law regarding payment due from customers will not be enforced. Mrs. Scheipers said the committee is comfortable with the license and that the Committee moved quickly and efficiently to move Verizon’s petition
forward. Mr. Cunningham said they were able to negotiate an additional cable station when the Selectmen request it. Ms. Mattes, expressing concern with double poles, low hanging wires and indiscriminate trimming of trees, asked who is responsible for this kind of maintenance. Mrs. Scheipers that this concern is outside the scope of this hearing and may be more directly addressed at the Verizon conduit hearing that is later on the agenda. Mr. Harrington from Verizon explained that their principles, Jim McGrail and Andy Shofar could not be here tonight. Mr. Harrington explained that Verizon cable will offer the new fibre optic technology to customers’ homes, including 300 channels plus high definition television. Verizon will also offer phone and internet. These services may be bundled and will compete with other cable providers. The new service will offer advanced service and will be more dependable with fewer weather
related problems. The many (300+) channels will offer foreign language channels, a huge selection of video on demand and information services. This may be accessed via the computer as well Mr. Powell said the capabilities are actually limited more by the end use technology. In response to the Board, he said that there are opportunities for parental blocks. Approximately 80% of the Town has been wired. All of the aerial wires are in place. The Board was made aware that Verzion is not able to provide a “strand” map. The Board thinks it would be useful if the DPW had access to that information to avoid any potential damage to conduits as they do road work. Mr. Powell said that because they use the same wires as the phone lines it would be inappropriate to provide this information. Fiber lines still follow copper lines and still run on a Title 2 Network. Mr. Cunningham said that is a
compliance issue. He suggested that a map could be located at Public Safety where it would be secure. Mr. Powell said the aerial lines are visible and Verizon has a record of the underground conduits. Ms. Scheipers asked from what date people might be able to access the service. The representatives estimated 90 days from approval; however 12 months are built into the license provisions. Mr. Cunningham said that residents can add the FIOS lines now, and add cable later. The Verizon representatives were unable to answer questions regarding the possibility of having a third party ( i.e., separate carrier phone line) over their lines. They said they would get the answer by the next meeting. Verizon cable is on a five day billing cycle. However, all the services are on one bill, and phone service does not allow late fees. The Board asked them to clarify how billing cycles and late fees are handled for all the services. The
Board asked if there is an option to leave the copper lines in place. The Board reviewed question for Verizon to answer before the next hearing: 1) the ability to have third party access over the fiber network; 2) how billing and late charges are handled; 3) consumer complaint services. Mr. Taylor asked for further information about the COA grant. Ms. Scheipers said they are waiting for feedback from the Friends of the COA. Steve Cantor , addressStreetBypass Road, had several technical questions regarding distribution and connectivity of the cable system throughout the house. The Verizon representatives said the technicians who install the systems are better able to handle these questions. Ms. Scheipers commented that many of these are marketing questions, and not a licensing issue. She added that the FCC says the Town cannot hold up a license for technical requirement. Ms. Mattes made a MOTION to close this hearing. The
MOTION was seconded and the passed unanimously. The hearing for the Vote on the cable license application is scheduled for October 3 at timeHour19Minute307:30, and interested citizens were encouraged to attend. The Board suggested that Verizon may be able to handle the questions regarding service and connectivity at that hearing.
8:00 p.m. Verizon Public Hearing – Installation of Underground Conduit, addressStreetTower Road/Tower Field Lane
PRESENT; Daniel Fitzgibbons, Verizon.
The hearing is to allow installation of an underground conduit within the right of way of addressStreetTower Road for a distance of six feet to addressStreetTower Field Lane (a private way). The DPW superintendent did not have any objections, and only asked that any disturbed area be loamed and seeded and that a “dig safe” number be provided. Following a question from the Board, Mr. Fitzgibbon verified that the utility poles are the custody of Verizon; they are replaced when they are deemed unsafe or inadequate to carry the load of wires. He also said that Verizon is entitled to prune vegetation. Members of the Board expressed dissatisfaction with the style of pruning. It was noted that in the past there was communication with a Verizon arborist. However, sometimes the
pruning jobs go out to subcontractors, and they may not be apprised of the conditions of approvals. The Board said they would like to register their concerns about the appearance of “double poles” and pruning methods around the Town. Ron Row, addressStreet145 Tower Road, and Jonathan Hoch, addressStreet149 Tower Road, said there are four conduits that run the length of addressStreetTower Field Road that were installed by the contractor. Mr. Fitzgibbon said that it is a new development, and contractors (in this case Macone Bros).put in the infrastructure. Verizon is looking for a Grant of Location so that they may access and use these conduits. The Board would like to clarify if Macone Bros. did any work in the public right of way without permission. A MOTION was made and seconded to approve the Grant of Location for Verizon for service use of the existing conduit and assets (although not yet permitted). The MOTION passed
unanimously.
Board of Assessors Re: Annual Tax Classification Hearing
PRESENT: Buffer Morgan
Mr. Morgan explained that the Dept. of Revenue (DOR) has not yet issued the valuation approval. The bill will go out 15 days after its approval. The State has concluded that the affordable units at Battle Road Farm have been under assessed. Mr. Higgins has enlisted help from the local State Representative. Mr. Morgan asked that the Selectmen think long term about some type of mitigation or relief for these affordable property owners. Mr. Taylor said they will. A MOTION was made and seconded to continue the hearing to timeHour20Minute08 PM on dateMonth10Day3Year2006October 3, 2006. The Motion passed unanimously.
Overview of Town’s Geographic Information System (GIS)
Angela Seaborg, Conservation Planner; Tom Gumbart, Conservation Director; Buzz Constable, placePlaceNameLincoln PlaceTypeLand Conservation Trust
Mr. Gumbart explained that the Town Office use of Geographic Information Systems (GIS) started with the Assessors. Now, three departments have licensed access: Assessors, Conservation, and Planning. While much of the use resides in the conservation office, the department supports other departments with their needs. Conservation Planner Angela Seaborg demonstrated features and specifics. She noted that the Selectmen recently signed off on the Conservation Restriction Index, a tool that tracks the conservation parcels in the town and was created using GIS. Currently, Lincoln is the only community in the commonwealth to register such an index with the State. Ms. Seaborg showed how the system can integrate orthophotoography and topography, property boundaries (the first use of it),
trail locations, and ownership. The Board commented on the planning and zoning values a tool like this provides. Ms. Seaborg said it also can provide useful regional planning information and coordination between towns. It is both a visual tool and a data base tool She noted that is is very secure, and only certain town staff have limited access to change it. Ms. Seaborg said they have a GPS system that couples with the GIS system to locate places. She also presented a Town of placeCityLincoln Data Management Diagram. The Chairman thanked them for coming, noting that this is a good time to begin discussion of budgeting for the future on this project.
Open Forum
No one was present for this session.
Town Administrator’s Report
Mr. Higgins reported on a COA meeting that he attended with Sara Mattes where discussion focused on a need for increased staffing. Present staff consists of a full time director, a part time assistant and many volunteers. Mr. Higgins presented the Town Meeting Calendar. Mr. Higgins updated the Board on the Pierce House Business Marketing Plan.
Discussion
Special Town Meeting. The Board noted that some major hurdles have been cleared for the Deaconess senior living project. The Board has identified areas of concern for the RLF / Mall project and notified RLF. The public was invited to email comments on these projects to the Planning Board to whiteheadm@lincolntown.org.
State of the Town – The Board noted that due to the Special Town Meeting on the same day, the State of the Town time frame is compressed. Much of the focus will be on facilities planning in order to handle capital outlays over the next years. Information will be used to initiate a dialog with the town regarding infrastructure needs and costs.
Action Items
The Board reviewed future meeting schedule.
The Board reviewed correspondence.
Mr. Higgins summarized actions.
Minutes were deferred.
Warrants were approved and signed.
The meeting was adjourned at timeMinute0Hour2210 PM.
Submitted by Debra Parkhurst
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