Dalton Cable Advisory Commission Recommends Attorney

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The Cable Advisory Commission continued its efforts in negotiating a new contract with Charter Communications during its meeting on Monday evening. 
 
During the meeting, the commissioners spoke to attorney William Solomon over the phone, during which they reiterated some of their priorities during the negotiation process. 
 
These priorities include adding to the contract a 5 percent gross revenue, capital funds, funding for fiber optic cables to enhance connections, and updated equipment needed to handle this upgrade. 
 
The commission voted to recommend hiring Solomon for the negotiations. Although Solomon does not usually charge less than $225 an hour he agreed to charge the town $200 an hour for his service because he enjoys the work. 
 
Solomon has worked for other cities and towns in Massachusetts on contracts and negotiations for cable contracts.  
 
The last time the town had a contract was in 1997 with Time Warner Cable, which was purchased by Spectrum in 2016. 
 
The 1997 contract requires that Time Warner Cable give the Dalton Community Cable Association 5 percent of the gross revenue, which is used as the operating budget 
 
In the new contract with Charter Communications, commissioners urged the need to retain this percentage.
 
Commissioners and station manager Michael Sinopoli urged the need for new equipment as the current equipment is outdated. They also requested that upgrading to high definition be included in the contract. 
 
The fact that the association is on its current coaxial cabling could be problematic because of the possible quality of the signal and high cost of upgrading, Solomon said. 
 
They would also like to have added to the contract a requirement of Charter Communications providing Dalton Community Cable Association a contact person to expedite troubleshooting. 
 
Solomon will be sending the legal services agreement draft to the town manager and commission Chair Rachel Branch. 
 
He is going to create an outline of the issues based on the commission's discussion and will also set up an additional two meetings to discuss their needs and interests. 

Tags: cable television,   spectrum,   

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Berkshire Concrete Lawsuit Seeks Damages, Continued Operation

By Sabrina DammsiBerkshires Staff
DALTON, Mass. — Whether Berkshire Concrete can continue excavating after its permit was denied —and if the town is liable for damages — will be decided in a lawsuit the company has filed against the town, planning board and its members.
 
The suit was filed on behalf of Berkshire Concrete Corp., a subsidiary of Petricca Industries, by Jaan G. Rannik of Cohen Kinne Valicenti & Cook in Superior Court on April 13
 
Berkshire Concrete is suing for damages and wants the Planning Board's permit denial overturned.
 
The company seeks permission to operate on its entire property, and to have any future permit applications granted — unless they violate previous permit conditions and fail to fix them after formal written notice, or if the Mine Safety and Health Administration finds a public health danger requiring new restrictions.
 
It also requests that if a future renewal is denied for a violation and Berkshire Concrete disputes it or claims it didn't have time to fix, operations can continue until a  final decision is made.
 
The company claims the town breached its 1992 contract with Berkshire Concrete and the board exceeded its authority in denying the special permit. 
 
Berkshire Concrete claims that as a direct result of the town's breach of contract it suffered damages of no less than 1.9 million and will continue to incur additional damages. 
 
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