Pittsfield Cable Panel Maps Out Work Before Spectrum Talks

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — At its second meeting, the reconstituted Cable Advisory Committee looked ahead to its hiring of outside counsel and ascertainment process for negotiating a new contract with Spectrum. 

An attorney is being considered to guide the process with a price tag ranging from $7,000 to $14,000 and a subcommittee was created to make an ascertainment schedule for the next nine months. 
 
"It's an important process for the stakeholders in the community to have their say and to have varied and diverse communities to be able to hear from them," said member Shawn Serre, who is the executivedirector of Pittsfield Community Television.
 
"And those are the kinds of things we will have to design as a committee to make sure that we can reach out and bring those voices in to make commentary." 
 
A funding request was tabled until they have more information on the resources needed for outside counsel. 
 
The city's 10-year contract ends in September 2024 and it is recommended that the contract negotiations take place over 12 months.  
 
Before September of this year, the committee will gather feedback from the community on what is and is not working with Spectrum and any additional needs.
 
This includes reviewing documents and forms, surveying, having a focus group, and public hearings. 
 
"I think the very first thing is we have to have a schedule," said member James Moran, who will help draft a schedule for the ascertainment process. 
 
Serre reported that he researched three attorneys in the state that specialize in cable television franchise renewals. Two of the three responded and after one dropped out due to a possible conflict of interest, one remained. 
 
William Solomon, who is based in the eastern end of the state, has a good amount of experience working with Comcast and has done several charter renewals.
 
"He has a pretty good feeling for how Comcast operates and the types of resources that they have at their disposal and the types of tactics that they will use in situations like this, Serre said. 
 
"So I was very comfortable hearing that from him and knowing the experience that he has, I feel like he would be an excellent fit for representing us at the table." 
 
The attorney expressed interest in working with the city and said he would be available to meet with the commission at its next meeting. 
 
The cost estimate of $7,000 to $14,000 would depend on the number of times Solomon would have to come to the area. 
 
Committee members agreed that it is a reasonable ask for an attorney. 
 
"I think that’s reasonable, personally," Serre said, adding that there would be other costs if it turned into a court case or needed an official review. 
 
There was some concern about only having one candidate for the job and he agreed to reach out to the attorney whom he hadn’t heard back from again.
 
The committee will also look to other communities such as Falmouth and Worcester to inform its process. 
 
For the next meeting on Feb. 9, the panel hopes to have a schedule for community input actions to take before September as well as a scope of work and funding request to send to the mayor. 

Tags: cable television,   

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Lanesborough Officials Take Road District Dissolution Off Warrant

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Select Board has removed a town meeting warrant article regarding the dissolution of the Baker Hill Road District.

JMJ Holdings development consultant Tim Grogan spoke in public comment saying the Berkshire Mall owner is currently has purchase-and-sale agreement for the mall. 

Back in February, the Select Board settled a tax dispute with JMJ Holdings by agreeing to move forward in dissolving the district if the company paid $1.1 million to the town. JMJ Holdings had to provide a signed development-and-purchase agreement 30 days before the town meeting. 

JMJ holdings did not submit a payment to be made by May 9. Because of that, the Select Board voted to take the article of the warrant to be voted at the annual town meeting.

Meanwhile, the Baker Hill Road District presented a slideshow defending the district and explaining what it does.

The district currently provides a non-resident-funded revenue stream of around $500,000 per year. These funds help pay for police cars and officer salaries, dump trucks, fire trucks, and more for the town.

"Dissolution would mean the district's three commercial property owners would no longer have to pay for upkeep of the Route Seven/Eight connector road. As a result, the BHRD annual contribution of more than $500,000 to Lanesborough would disappear permanently, since the services and maintenance costs associated with the Route Seven and Eight connector road would still remain," said Tom Caraccioli, PR consultant with AH&M Inc. "Lanesborough would have to absorb these costs and continue to provide emergency services to the mall and Target. The financial burden for these remaining expenses would then fall on Lanesborough taxpayers through higher taxes or the reduction of other important town services."

The proposal with JMJ would affect the town in a negative way Caraccioli claimed. 

"JMJ is proposing a one-time payment of $1.1 million to Lanesborough in exchange, JMJ would never pay BHRD taxes again. The decision to dissolve the BHRD by accepting this proposed $1.1 million would be a permanent choice that would have irreversible consequences," he said. "There will be no official system in place to cover recurring costs once the money from this single payment is spent. Therefore, the proposed one-time payment is not a long-term solution for the town of Lanesborough."

JMJ's dispute was that the Berkshire Mall no longer exists as a functioning entity and it should not be on the hook for protection and maintenance that had been based on the mall's operation in its heyday. The company is seeking to redevelop the site as senior housing and town officials were asking the state to take over the Connector Road. 

District officials said it's not guaranteed that the state would take over the road linking Routes 7 and 8, built to service the mall back in the '80s, and that the state Department of Transportation had historically discouraged the town from asking. Even if it happened, it could take three to five years, during which no BHRD funds would be collected if the district is dissolved. The state would not replace the revenue they support, and they argued the state is facing its own budget issues making it unlikely they would want to take over.

The road district was created by an act of the Legislature and would require another act to dissolve it. The town meeting article asked for voter support for a home-rule petition to start that process.  

After the presentation, it was asked what the current financial status of the BHRD, given that JMJ hasn’t paid in a long time and if the district actually has the money or if it is dependent on the mall sale.

Mark Siegars, attorney for BHRD, reminded the room that the mall is under a purchase and sale agreement and if the sale closes, the district expects to receive more than a million dollars because of the lawsuit and lien, but does not have that cash yet. If the sale does not go through, BHRD will take the mall and sell it. The district still gets payments from Target, which is separate from the mall. 

There were also some questions on the district's history, with Select Board member Jason Breault asking if the mall did not have a high tax rate from the district, would it still be solvent. The exchange became heated between Siegars and BHRD Chair Bill Prendergast.

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