Executive Session Minutes from 12/13/10
Potential litigation
7:05pm – 7:40pm
Present: Jonathan Sylbert, Chair of the Select Board, Scott Jenssen, Select Board member, Wayne Burkhart, Select Board member and Jeremia Pollard, Town Counsel
At 7:05pm the Board discussed the need to go into Executive Session to discuss a potential litigation with Town Counsel. Roll call was taken by the Chair. All Select Board members were present. A motion was made by to go into executive session, seconded, and approved unanimously. The Board agreed that they would return to an open session. Open session was resumed at 7:40pm.
Items discussed:
The Verizon pole request was reviewed. Jeremia stated that MGL Chapter 166 section 21 allows Verizon to put these transmission lines in, the need for a hearing comes from section 22.
Jeremia felt that Verizon will state that the general laws allow them to place these lines and that the Select Board can only regulate means and location for all the purposes intended. Jeremia stated that he brought litigation on behalf of the Town of Hancock in 2007 that burgeoned into other towns joining which led to an investigation of Verizon’s services. There have been hearings and trials and it’s now coming to a settlement. Phase II will begin 15 months after the settlement is signed and approved by the Department, Jeremia believes that Monterey would fall in this category since our lines come from Gt. Barrington. Gt. Barrington would then be surveyed to determine where the problems lie. Verizon now has a duty to provide adequate service as is provided in Boston.
Jeremia stated that the law doesn’t state whether or not Monterey can withhold the current permit until the problems are resolved with our lines. Jeremia stated we could say that by allowing these poles to go up will exacerbate the problem by bypassing us and focusing on the profitable side of the business instead of what’s important which is giving people service.
Jeremia said the Board can also consider that if the Board feels collectively that the citizens are being shafted, the Board has the right to institute their own proceedings. As a common carrier Verizon is under the jurisdiction of the Department of Telecommunications and the Board can ask them to hold a hearing regarding the inadequate service.
Jeremia suggested that he call Ellen Cummings and ask why Monterey couldn’t be moved into Phase I.
Jon asked what would happen if the Board rejected the permit request. Jeremia stated that Verizon would probably go to court for a mandamus order which the town would then have to or they would be in contempt. Jeremia stated that when a pole petition request comes in the Board only has the choice where within the public way the pole can go.
Jeremia confirmed that adequate service is defined as being able to pick up a land line phone and be able to make a phone call.
The Board agreed to have Jeremia call Ellen Cummings and ask that Monterey be added to Phase I and go from there.
At 7:40pm the meeting was adjourned and the Board returned to open session.
Submitted by,
Melissa Noe
Inter-Departmental Secretary
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