TOWN OF HAMPDEN,
MASSACHUSETTS
MINUTES
October 5, 2004
Town Hall
7:00 pm
625 Main Street
Present: James Smith, Duane Mosier, Mark Barba
Meeting called to order at 7:00 pm
1. 7:00 pm Cable Committee – Phil Grant
State Cable Division representative Brian Merrick and associate came in to discuss the renewal process for our cable agreement.
Negotiations typically start 30-36 months prior to contract expiration. Our contract is due to expire at the end of December.
FCC has deregulated all rates.
Licensing, basic service, and consumer protection are what the State handles.
License extension-maximum renewal is 10 years, which cannot be extended by law. What we can do is enter into a shorter term license referring to the terms of our existing license for a period of 30-36 months. That license can be amended again for a longer term should the need arise.
Ascertainment process is the first order of business to determine the town’s needs. How are things working now, how have they worked in the past and how do we want them to go in the future? Must hold at least one public hearing, perhaps 2, when we are about to sign the license. This ensures that residents have an opportunity to voice their opinion.
We could also do a town survey – 1-5 questionnaire. Looking for raw data.
Is there a presumption of renewal by Charter? Breach of contract language, compliance language, liquidated damages, etc are contained in the contract. Brian has seen recovery thru performance bond language in other contracts. We do have control over quality of service they are going to provide.
There exists an INET (intranet system,) (negotiate what we need from Charter for this hook up) system in Wilbraham, police, fire, schools. In Hampden, the wire exists but it has not been hooked up (it is not lit).
Be mindful of the term of the license, 10-year term – the law says it is capped at 10 years, not that it must go 10 years. Charter will be looking at 10-year term, but Brian suggests we hold that till the very end, go for everything we want and hold out term as a negotiating tool.
10/05/04 Board of Selectmen/Board of Health Minutes
For future advances, we could add language, “Should technology become available to a certain percentage of their customers, such technology will be made available to Hampden when the time comes”.
Use liquidated damages language as a source of protection. State to Charter that they have not complied with the terms of the agreement, sit down with Charter and determine if they have indeed met the terms. If they have not, go for liquidated damages.
Free drop or activation at any municipal building – a State law. Any school that they are passing, they should provide Internet service to.
Can make some adjustments to the 30 months and a day terms.
What is involved?
Contact Bob Spain to sign short-term agreement for these dates, commensurate on the date our license expires. Check with E. Longmeadow, Ludlow, Wilbraham to determine license expirations and work towards those dates. Southampton and Granby are relatively close in population to Hampden.
Hold a public hearing within this 2-month period. During the hearing, buying some time, team up with communities, time for interested parties to become involved in Cable Advisory committee or to voice their opinion of the current service.
Get a map of the service area, find out where line of extension is – anyone further than 200 feet of drop, may have to pay for hook up.
Strand map needed from Charter, which determines where system is and where it is not.
Any property owner might be entitled to service for free now.
Do we need further extension determined?
For example, if 99% of town is covered, and there is a long stretch of road, which has 30 people living on it, get 99% of people on road to agree to sign up for cable.
The license is for us, the town of Hampden and what our needs are.
Post a public hearing for ascertainment purposes.
2. 7:15 pm Hampden Housing Authority – Board replacement
Tiny Burt is resigning from Board of Directors and Reverend Thomas Howells is interested in joining the Board. Motion made by Duane Mosier to appoint Thomas David Howells to the position on the Hampden Housing Authority effective immediately through to the next election. Second by James Smith. VOTE: All in favor and so voted. Members present: William G. Joy Sr., Miles Hapgood Jr., Benjamin Bump, Cecelia Melville.
3. 8:00 pm Bid Opening for Senior Center Snow Plowing
Motion to close bids on snow plowing at Senior Center by James Smith, second by Duane Mosier. VOTE: All in favor and so voted.
Earthscope Landscaping is the only bidder. Certificate of insurance, outline of work to be provided. Vendor: Thomas Sicbaldi, dba Earthscope Landscaping, the quote for 1-1.99 inches, $175, 2-4.99 inches $225 dollars, 5-7.99 inches $300, 8-10.99 inches $375dollars, 11-14.99
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Board of Selectmen/Board of Health
Minutes
inches $500 and 15 + inches $700. Sanding per storm $68, and all the above includes the
shoveling of the walkways. Signed and dated. Motion to take under advisement by James Smith, second by Duane Moser. Copy to Highway Superintendent, Dana Pixley and Becky Moriarty at Senior Center for their review.
4. 8:15 pm Shenkels and VFW – Issue of noise from Turkey Shoot VFW representatives: Ernest Paige, Ed Newman and Commander Jim Stevens. Ray and Helen Shenkel were present to discuss the annoyance of the noise from the Turkey Shoot. Around 1-2:15, on Sunday afternoons, the noise comes down the river and reverberates in their yard, which is disturbing the peace. There have been attempts at noise abatements with curtains hanging. VFW donates a lot to the town and offer to conduct the turkey shoots in November and December, rather than the month of September. VFW must bring it before the board (104 members) before they agree to this change.
James Smith endorses changing the dates of shooting. Let it continue for rest of the year, next year start October 1 thru the rest of the term. Will also try to start earlier in the day, before 1:00 pm. We will wait to hear back from the VFW members.
Motion by Mark Barba to approve two one-day liquor permits for the VFW for the Pavilion October 16, noon to midnight and October 30, noon to midnight. Second by Duane Mosier. All in favor and so voted.
Mark Barba also made a motion for liquor license for the VFW for October 9 from noon to midnight at Pavilion, with a second by Duane Mosier. VOTE: All in favor and so voted.
5. Warrant – Motion made by Duane Mosier to approve warrant for Special Town Meeting (revision dated 10/4). Second by James Smith. VOTE: All in favor and so voted.
6. TWB sign request – The Board received a letter from Noel Pixley, TWB Principal, regarding new sign with manufacturing and installation costs to be borne by PTO. Ensure that Noel Pixley gets an approval from Building Inspector, Mark Feeney. James Smith made motion to allow construction as presented for sign at TWB provided that it meets zoning requirement. Second by Duane Mosier. VOTE: All in favor and so voted.
7. Use of Melville Room – Ensure that each commission has priority for use of Melville Room, rather than any other group
8. Mass Audubon Donation – The Mass Audubon has donated a check in the amount of $1,000 to the Town. The Board will send a letter of thanks and split check as requested between the Fire Department and Police Department. Check with Cliff as to any issues that might result from this, and to find out the process to do so.
9. Special Municipal Employee Designation Process – The Board received a request for this special designation from a local appointee who will also act in the capacity of a general manager
10/05/04
Board of Selectmen/Board of Health
Minutes
of a restaurant.
A motion was made by James Smith to classify the Plumbing Inspector,
Michael Ford, as a special municipal employee, such designation to be in effect
while the current
plumbing inspector is an employee of a business in town holding a liquor license. Second by Duane Mosier. VOTE: All in favor and so voted.
9. Minutes of:
8/3 Executive Session – Motion to approve by Duane Mosier, second by Mark Barba. VOTE: All in favor and so voted.
8/17 Executive Session – Motion to approve by James Smith, second by Duane Mosier. VOTE: All in favor and so voted.
8/27 Open Session – Motion to approve by James Smith, second by Mark Barba.
VOTE: All in favor and so voted.
8/27 Executive Session – Motion to approve by Duane Mosier, second by Mark Barba. VOTE: All in favor and so voted.
9/7 Open Session and Executive – Motion to approve with corrections by Duane Mosier, second by Mark Barba. VOTE: All in favor and so voted.
9/14 Open Session – Motion to approve by Duane Mosier, second by James Smith. VOTE: All in favor and so voted.
Of Note:
Schedule Police Chief, Doug Mellis and Highway Superintendent, Dana Pixley for reviews for meeting on 11/2. Pull folders with goals and objectives. Have each of them bring in written descriptions of their performance for the prior year.
Schedule Beth Perkins, Board of Health Coordinator and Pam Courtney, Administrative Assistant on 10/19 for goals and objectives of their respective positions. James Smith to work on goals and objectives for Board of Health.
When we are preparing for town meeting, ask Park and Rec what might be done with fence and old pool.
November 3, mutual aid dinner for fire department.
10/05/04
Board of Selectmen/Board of Health
Minutes
Send letter to Mike Gerrard asking the status of the bond release for Russ Morton.
Motion by Duane Mosier to go into Executive Session at 9:50 pm without return to open session for the purpose of reviewing executive session minutes and to discuss IBPO meeting and to give
update on the status of the Town’s labor and legal responsibilities related to an employee’s conduct. Second by James Smith. Vote: James Smith yes, Mark Barba yes, Duane Mosier yes.
Respectfully submitted:
Pamela B. Courtney
Administrative Assistant
/pbc