Select Board Meeting Minutes 12/23/2020

Minutes of the meeting of 12/23/20

Meeting Opened at: 11am

Select Board Members Present: Donald Coburn, Chair, Steve Weisz

Select Board Members present remotely: John Weingold

Also present remotely: Jeremia Pollard, Richard Vinette, David Silberman, Stephen Cohen, Mike Johnson, Mary McGurn, Bob Carlson, Ben Shapiro, Peter Chait, Adam Chait, Jon Sylbert, Julie Shapiro, Hillel and Janet Maximon, David Shapiro, Anastasia Coulombe, Stuart Litwin, Rebecca Wolin, Robin Williams, Edwin Salsitz, Dennis Lynch, Ben Shapiro, David Contract

Roll call was taken. John Weingold present remotely.  Steven Weisz and Don Coburn present at town hall.

The Board met today to discuss the most recent draft of the agreement between the Town and Fiber Connect.  Don stated that after discussion he will be making the following three motions;

1. Accept the proposed broadband fiber network and construction agreement between Fiber Connect and Monterey dated Dec 22, 2020 and
2. To recommend to MBI that they accept the security interest provision as written in sections 6.3 and 6.4 of the aforesaid broadband agreement and
3. That the Select Board accept the Fiber Connect contract for free internet service at the beach. The changes made to the draft since the last meeting were discussed.

Don noted that the new agreement now includes Beartown Mtn Rd and Royal Hemlock and there will only be 9 homes that will be unable to receive service for reasons stated previously by Fiber Connect.  John had issues with the contract not addressing pricing protections or guarantees for prompt responses to power outages.  Don advised that although he had tried to negotiate price controls with Fiber Connect, the company was adamant in refusing because price control protections are a “no go” for Fiber Connect as no other contracts for similar services have this.  John had concerns about who performed the negotiations, when they took place.  John was reminded that the Board previously authorized Don to negotiate with Fiber Connect.   Don explained that during those discussions it was always made expressly clear that anything said was subject to the Select Board as a whole; and he added that if there are questions or further negotiations needed that is what today’s meeting for which both Fiber Connect and Town Counsel present.

Steve stated that he did research regarding price protections including calling the state and pulling the Spectrum contracts and can confirm that price protections are not in the Spectrum contracts and that the state decided that the state gave up on pursuing price protections with internet providers 10 years ago.  With that being said there is nothing legislatively to protect the consumer however that does not mean that Monterey should give up on getting the town high speed internet.  Adam Chait responded that no other companies have price protections and Fiber Connect is not going to be unique in that.  Don suggested that John negotiate with Adam.  A brief exchange between John and Adam resulted with Adam adhering to his prior position.

Don made a motion to accept the proposed broadband fiber network and construction agreement between Fiber Connect and Monterey dated Dec 22, 2020, to recommend to MBI that they accept the security interest provision as written in sections 6.3 and 6.4 of the aforesaid broadband agreement and to recommend that the Select Board accept the Fiber Connect contract for free internet service at the beach.  Steve seconded the motion.  Discussion ensued. John stated that he couldn’t believe that Steve was buckling down and supporting Don on these motions and giving up on the price control protections. Steve replied that getting internet for everyone is the priority right now and he is choosing getting it done and applauds Don for his successful efforts to raise the number to 99% instead of 96% in other towns.  The motion passed 2 – 1.  Don and Steve voted yes. John voted no. 

Don Coburn made a motion to approve and send a letter using Select Board monies to residents encouraging them to sign up for the refundable $50 intention with Fiber Connect so that we can meet the 51% requirement.  Steve stated he could not in good conscious use town funds to send out a letter encouraging folks to sign up for a private company.  Don noted that although he did not agree with Steve he firmly believed that Steve's position was entirely reasonable.  There was no second or support for the motion so it failed.

A motion was made and unanimously approved to adjourn the meeting at: 12:05pm

Submitted by:

Melissa Noe, Administrative Assistant

Approved by:

Monterey Select Board

cc: Website (www.montereyma.gov)

Select Board Members

Minutes Book

Town Clerk

Any documents used in the meeting are listed below and are available by request at town hall.

1. Draft contract dated 12/22/20

      2.   Draft of contract for free broadband service at the town beach.