5/13/2015 BOARD OF SELECTMEN Minutes

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Town Counsel read from Section 6-11 of the proposed agreement, which gives Mashpee TV thirty (30) days after execution of the agreement to deliver a list of measures they intend to undertake to upgrade Channel 18. He indicated that, although Section 6-9 of the proposed contract articulates what the expectation is regarding meeting coverage,the criteria for upgrading Channel 18 is not specified. The Board and Counsel were in agreement that the language of the proposed contract should be adjusted to reflect a clear measureable performance criteria, and determination of whether that criteria has been met should be at the sole discretion of the Board. Selectmen Richardson stated that he approves of the new contract language, and recommended moving forward. Selectman Gottlieb reminded the Board that the proposed contract stipulates the appointment of a Board of Selectmen designee to the Mashpee TV Executive Committee, and recommended Wayne Taylor. Town Counsel re-affirmed the Board's desire to tighten the language on Section 2 and to extend the term of the agreement for one year. If, after one year, the Board is satisfied that Mashpec TV has fully met the terms of the agreement and the criteria for transition of Channel 18,the contract would automatically extend for an additional two years, Selectmen Gottlieb referred the Board to Section 16 of the contract, the termination provision, and pointed out the strong rights of the Board in the event of non-performance by Mashpee TV. Motion made by Selectmen Gottlieb to enter into a contract agreement with Mashpee TV in accordance with the draft contract presently before us, provided Town Counsel adjust Section 2 to indicate a one-year extension,with years two and three to be extended upon completion of the transition of Channel 18, at the sole discretion of the Board of Selectmen, and that the Board designate, effective Monday or upon execution of the contract, Wayne Taylor as the Board of Selectmen's representative designee to the Executive Board of Mashpee TV, pursuant to the new contract. Motion seconded by Selectman Richardson. After a brief discussion, Selectman Gottlieb amended his motion to reflect that, instead of 3% for the first year, Mashpee TV would receive 3.5% of Comcast revenues for all three years. Motion seconded by Selectman Richardson. Town Counsel stated, should the Board vote to approve the new agreement subject to the terms proposed in the motion, it is a corporate act of the Board and, after the upcoming transition of the Board, the three/four remaining members would represent a quorum and are authorized to execute the document. Selectman Taylor stated he is of the opinion the contract should be executed by both parties by May 21, 2015,