HomeMy Public PortalAboutSelect Board Meeting Packet - 12.20.2112/17/21 Barnstable County COVID Update
Good Afternoon All. Here are my updated charts, for data available through yesterday evening.
In Barnstable County cases have surged during the past month--the post-Thanksgiving spike of cases is clearly visible in the chart below and
hospitalizations have climbed accordingly.We remain in a late autumn/early winter surge which will very likely keep cases and hospitalizations
elevated through the holidays. This represents the continued "tug of war" between the highly transmissible Delta variant and a populace that is
largely vaccinated but is needful of boosters to maintain optimal immunity.
We don't yet have evidence of the effects of the Omicron variant on our case numbers. However, it is quite possible that Omicron will overtake
Delta as the dominant variant. As with all previous variants, the mitigation efforts of masking, hand hygiene, and physical
distancing, along with vaccination + boosters, are necessary to mute the impact of this disease.
Barnstable County is receiving an average of 138 new cases per day (vs. 115/day last week; 7-day average, PCR-confirmed)
Dukes County is receiving an average of 15 new cases per day (vs. 14/day last week; 7-day average, PCR-confirmed)
Nantucket County is receiving an average of 12 new cases per day (vs. 3/day last week; 7-day average, PCR-confirmed)
Barnstable County test percent positivity of 7.76 (vs. 7.16 last week; 14-day average, thru 12/4/21)
Dukes County test percent positivity of 9.35 (vs. 7.44 last week; 14-day average, thru 12/4/21)
Nantucket County test percent positivity of 7.24 (vs. 2.25 last week; 14-day average, thru 12/4/21)
Massachusetts test percent positivity of 4.97 (vs. 4.46 last week; 14-day average, thru 12/4/21)
Hospitalizations (3-day average of 39 inpatients) continue to increase week-over-week. 44 patients were in hospital yesterday, 4 of which were
in the ICU.
Statewide data reveal that 37% of hospitalizations and 40% of new cases are among persons already vaccinated (as of 11/30/21).
There have been a total of 543 COVID-related fatalities. The charts below show the muted number of fatalities versus cases for this autumn
period versus last year's autumn case surge, and this is due to the protective effects of vaccination against serious illness and death.
Vaccination Coverage (At least one dose, as of 12/15/21):
Min 1 Dose Min 1 Dose Min 1 Dose Fully Vaccinated
(All Residents) (Age 12+)(Age 5+) (All Residents)
Barnstable County: 88% 95% 92% 77%
Dukes County: 107% 117% 113% 96%
Nantucket County: 119% 135% 126% 96%
Weekly Count of New COVID-19 Infections: March 8, 2020 – December 11, 2021
0
5
10
15
20
25
30
35
40
45
50
55
3/8-3/143/15-3/213/22-3/283/29-4/44/5-4/114/12-4/184/19-4/254/26-5/25/3-5/95/10-5/165/17-5/235/24-5/305/31-6/66/7-6/136/14-6/206/21-6/276/28-7/47/5-7/117/12-7/187/19-7/257/26-8/18/2-8/88/9-8/158/16-8/228/23-8/298/30-9/59/6-9/129/13-9/199/20-9/269/27-10/310/4-10/1010/11-10/1710/18-10/2410/25-10/3111/1-11/711/8-11/1411/15-11/2111/22-11/2811/29-12/512/6-12/1212/13-12/1912/20-12/2612/27-1/21/3-1/91/10-1/161/17-1/231/24-1/301/31-2/62/7-2/132/14-2/202/21-2/272/28-3/63/7-3/133/14-3/203/21-3/273/28-4/34/4-4/104/11-4/174/18-4/244/25-5/15/2-5/85/9-5/155/16-5/225/23-5/295/30-6/56/6-6/126/13-6/196/20-6/266/27-7/37/4-7/107/11-7/177/18-7/247/25-7/318/1-8/78/8-8/148/15-8/218/22-8/288/29-9/49/5-9/119/12-9/189/19-9/259/26-10/210/3-10/910/10-10/1610/17-10/2310/24/10/3010/31-11/611/7-11/1311/14-11/2011/21-11/2711/28-12/412/5-12/111
5 3 1 2 0 2 0 0 0
1 0 2 0 0 0 0
1 2
5
2 0 0 0 0
2 0 2 1 2 3
0 1
4
1 3
6 6
13
22
11
7
20
2425
53
24
20
8 8
5
1113
21
32
21
25
12
6 7
3 3 1 0 1 0 0 0 0
2 3 5
9
14
7 9
12
15
6
9 9 8
5 5 5 5
9
20
39
21
29
44
0 0
3 3
7
53
14
2 0 1 1 1 0 1 1 0
3
0 0
1
5
0 0
1 0 0 0 0
1 0 0 0 0 0 0 0
1 1 0 0 0 0 0
1 2 2 1 0 2 0 0 0 0 0 0 0 0
2 0 0 0 0 0 0 0 0 0 0 0 0 0
1 0 0 0 0 0 0 0 0 0 0
1
7
0
3
0 0 0 0 0 0
New Brewster COVID-19 Cases
Resident (738 Total)Long Term Care (122 Total staff & patients)
Ages of Brewster Residents with Active COVID-19 Infections
0-9 years (4)
14%
10-19 years (1)
3%
20-29 years (6)
21%
30-39 years (7)
24%
40-49 years (4)
14%
50-59 years (2)
7%
60-69 years (4)
14%
70-79 years (0)
0%
80+ years (1)
3%0-9 years (4)
10-19 years (1)
20-29 years (6)
30-39 years (7)
40-49 years (4)
50-59 years (2)
60-69 years (4)
70-79 years (0)
80+ years (1)
November 28-December 4
% COVID Infections in Age Groups % COVID Infections in Age Groups
0-9 years (3)
7%
10-19 years (13)
30%
20-29 years (6)
14%30-39 years (6)
14%
40-49 years (9)
20%
50-59 years (2)
4%60-69 years (3)
7%
70-79 years (0)
0%
80+ years (2)
4%0-9 years (3)
10-19 years (13)
20-29 years (6)
30-39 years (6)
40-49 years (9)
50-59 years (2)
60-69 years (3)
70-79 years (0)
80+ years (2)
December 5 – December 11
BREWSTER RESIDENT VACCINATION TOTALS DATA AS OF 12/07/2021
Town Age Group Population
Proportion of
town
population
Individuals
with at least
one dose
Individuals
with at least
one dose per
capita
Proportion of
town
individuals
with at least
one dose
Fully
vaccinated
individuals
Fully
vaccinated
individuals
per capita
Proportion
of town fully
vaccinated
individuals
Partially
vaccinated
individuals
Partially
vaccinated
individuals
per capita
Proportion
of town
partially
vaccinated
individuals
Brewster 5-11 Years 516 5%163 32%2%30 6%0%133 26%12%
Brewster 12-15 Years 369 4%265 72%3%239 65%3%26 7%2%
Brewster 16-19 Years 367 4%278 76%3%252 69%3%26 7%2%
Brewster 20-29 Years 681 7%626 92%7%563 83%8%63 9%6%
Brewster 30-49 Years 1,444 15%1,374 >95%16%1,224 85%17%150 10%14%
Brewster 50-64 Years 2,323 23%2,020 87%24%1,832 79%25%188 8%17%
Brewster 65-74 Years 2,349 24%2,115 90%25%1,831 78%25%284 12%26%
Brewster 75+ Years 1,592 16%1,542 >95%18%1,314 83%18%228 14%21%
Brewster Total 9,926 100%8,493 86%100%7,246 73%100%1,247 13%100%
* = total < 30 individuals
Archive d: Friday, December 17, 2021 2:32:39 PM
From: Peter Lombardi
Se nt: Fri, 17 Dec 2021 18:00:55 +0000Authentication
To: All Staff
Cc: Amy von Hone; Susan Broderick
Subje ct: COVID Update and Mask Mandate
Se ns itivity: Normal
Attachme nts :
Mask BOH Mandate Sign 12.20.2021.pptx;
Good afte rnoon:
Base d on i ncrease d COVID cases on the Cape and Massachuse tts and conti nue d fe de ral gui dance on face masks, please find be l ow some important update s
and re mi nde rs.
COVID Case Numbers – The Heal th Department conti nue s to monitor the numbe r of ne w posi tive COVID cases on a weekl y basis i n the Town of
Bre wste r. Ove r the l ast six weeks, we have se e n a substanti al i ncrease in ne w cases associated with the late autumn surge and the post-Thanksgivi ng
holiday. The se new case s were anticipated, and are actual l y worse than what we e xperi e nced last year at this time. We ex pe ct this tre nd of elevate d
case s to conti nue through the holidays. It i s important to note that a l arge porti on of the new cases across the Cape including Bre wste r are occurring in
ful l y vacci nate d indivi duals and our school age population; howeve r, symptoms are generally mild as was antici pate d wi th the approved COVID
vaccines, si mi l ar to many of our other vacci ne s such as i nfluenza. It i s important to remai n vi gilant with the precautionary protocols use d to pre vent
the spre ad of COVID.
Mask requirements – The Brewster Board of Heal th, on De ce mbe r 15, 2021, vote d to re -insti tute a Mask Mandate in all Brewster municipal buildings
effecti ve Monday, De ce mber 20, 2021 due to the curre nt surge and anticipated i ncrease in Brewster COVID case s ove r the ne xt month. All staff and
vi si tors inside any municipal building (excl udi ng Fre e mans Gri l l ) are re qui red to wear a mask in all common are as i ncl udi ng customer service counters
unless e xempt per CDC gui del i nes. Please post the attached update d signs at the e ntrances to your buildings to i nform re si de nts about thi s re turn to a
mask mandate. We are posting a notice about thi s on the Town we bsi te today as well.
Masks will also be re qui red i n municipal vehicles when share d by more than one employe e. Masks are NOT re qui red outdoors, but are e ncouraged
for those who are not ful l y vacci nated and will be wi thin 6’ of anothe r i ndi vidual for 15 minutes or greater. The CDC recommends i ndoor mask use for
al l indivi duals (ful l y vacci nated or not) in publ i c settings due to the ne w Omi cron variant l ocated in most U.S. states i ncl udi ng Massachuse tts (Omi cron
V ari ant: What You Need to Know | CDC). We wi l l conti nue to monitor our cases i n Bre wster, and are prepared to respond appropriately if
re comme ndati ons change at either the fe de ral or state leve l .
The Board of Heal th will revi si t the Mask Mandate Re qui rement in a month to re-assess the need to keep the mandate i n place . That said, i t i s
important for each Town empl oyee to asse ss the i r i ndi vidual work envi ronment and dete rmine their personal ri sk of e xposure , to ensure appropri ate
protocols are in pl ace so that every staff member f e e l s safe at work. Pl e ase be re spe ctful of employees and customers who choose to take e xtra
pre cauti ons for their personal comfort. The Heal th Departme nt and Human Resource s De partment are available to answe r any questi ons or provide
gui dance as ne e de d wi th respect to any COV ID related safe ty issues.
Protocol Reminders
Al l staff are re que sted to continue to self -monitor for COV ID symptoms pri or to comi ng to work, and are require d to re main at home i f
ex hi bi ting symptoms. Staff who become symptomatic while at work are require d to wear a mask immediately and isolate from coworke rs and
custome rs until you can safely remove yourse l f from your workspace for follow-up care. Any symptomati c or COV ID posi tive employe e s must
be reported to the Heal th Department f or contact tracing and addi tional instructi ons. As a reminder, fully vaccinated individuals are exempt
from mandatory quarantines if exposed to a COVID positi ve i ndi vidual unless they become symptomatic, howeve r, we are ex pe riencing an
incre ased numbe r of breakthrough i nfecti ons and wi l l address e ach case on an indivi dual basis. Additionally, any e xposure s that occur outdoors
are also e xempt, but you are advised to moni tor for symptoms post-ex posure.
Each de partment wi l l conti nue to be re sponsi bl e for maintaining the i r own stock of PPE supplies. Howe ver, please check wi th the Heal th
De partment to confi rm available suppl i e s currentl y i n storage. The fol l owing PPE supplies should be avai l able for staff and customer use i n each
office: Disposabl e masks, Hand saniti ze r, Disinf e ctant wipes, Disposabl e gl oves.
We ar a mask i f you will be within close prox i mi ty to othe rs outside your family or work cohort and 6’ social distancing is not achievable. The
COV ID vacci ne is currently the safest option to preve nt i nfecti on and is availabl e through numerous local options.
· Ba rns ta bl e County Covi d-19 hel pl i ne 774-33 0-3 00 1, www.ba r ns ta bl ecountyhea l th.org/va cci ne-i nforma ti on
· Ma s s a chus etts Depa rtment of Publ i c Hea l th, www.va xfi nder .ma .gov
· CVS Pha rma cy: www.cvs .com/i mmuni zati ons /covi d-19-va c c i ne (Or l ea ns , Ha rwi ch, Denni s , Ya rmouth)
· Wa l greens Pha rma cy: www.wa l greens .com/fi ndca re/va cci na ti on/c ovi d-19?ba n=covi d_va cci ne_l a ndi ng_s chedul e (Or l ea ns , Denni s , Ya r mouth)
Conti nue routine cl eaning and saniti zi ng of off i ce equipment and work space s.
Be respectful of your co-workers and stay home if you are sick, including non-COVID related illnesses.
Thank you for your conti nued diligence. Have a saf e and heal thy holiday and pl e ase don’t hesi tate to contact us with any que stions or conce rns.
Pete r, Amy, and Susan
Peter Lombardi
Town Administrator
Town of Brewster
508-896-3701 x. 1128
Beginning July 6th, Brewster Town Offices will be open to the public on Tuesdays, Wednesdays, and Thursdays from 8:30 to 4:00pm. Beach and Recycle Permits
are not available in person but can be purchased online or through our mail-in program. For the latest updates on Town services, please visit www.brewster-
ma.gov.
Brewster Select Board Meeting of December 20, 2021
Consent Calendar Items
1
Item #11: Consent Agenda
Amendment to Comcast Cable License Agreement
After review of the license, the second paragraph in Section 7.1- Customer
Service/Customer Service Office was not removed as was agreed during negotiations. There
currently is no service office in the Town.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve the amendment to the Comcast Cable License.
Facility Use Application: Brewster Conservation Trust Nature Walk – John Wing Trail
The Brewster Conservation Trust would like to lead a nature walk on January 1, 2022, at
John Wing Trail. The time of the walk will be from 830am – 1030am and they expect 20
people in attendance. The Natural Resource Department has been notified of the request.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve the application for facility use for Brewster
Conservation Trust.
Fee Waiver Request: Holiday Tree Disposal at Recycling Center
The Department of Public Works is requesting approval of fee waiver for the disposal of
Christmas trees at the Recycling Center through January 17, 2022. This is an annual
request.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve this fee waiver request.
Appointments: Suzanne Kenney- Vision Planning Committee; Josh Sargent- Tree Warden;
Randall Bassett- Local Inspector; Richard Liebowitz-Alternate Local Inspector
Suzanne Kenney, following the appointment process, has been recommended by the Select
Board liaison to serve on the Vision Planning Committee. This is a 3-year term that will end
on June 30, 2024.
Josh Sargent, a current employee with the DPW is a certified arborist and has been
recommended by the DPW Director for this appointment. This is a 3-year term that will end
on June 30, 2024.
Randall Bassett has been hired as the Local Inspector for the Town of Brewster, his first day
of work will be Monday December 20th. Mr. Bassett’s appointment will be conditional for a
1-year term expiring on June 30, 2022.
Richard Liebowitz, on recommendation of the Building Commissioner is to be appointed as
an Alternate Local Inspector for a 3-year term expiring on June 30, 2024. Having Mr.
Liebowitz as an Alternate Local Inspector will help the building department and Mr. Bassett
in his new role of Local Inspector.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve the appointments of Suzanne Kenney, Josh
Sargent, Randall Bassett and Richard Liebowitz.
Archive d: Monday, December 13, 2021 11:43:46 AM
From: Peter Lombardi
Se nt: Mon, 13 Dec 2021 16:37:32 +0000Authentication
To: Erika Mawn
Subje ct: FW: Comcast License - Amendment to 7.1
Se ns itivity: N ormal
Attachme nts :
KP-#734888-v3-BREW_Cable_Renewal_License.docx; MA_Brewster_License_2021.pdf;
Please put thi s Comcast Cable l i ce nse agreement ame ndme nt on the De c 20 SB conse nt age nda for approval.
Pete r Lombardi
Town Administrator
Town of Brewster
508-896-3701 x. 1128
Beginning July 6th, Brewster Town Offices will be open to the public on Tuesdays, Wednesdays, and Thursdays from 8:30 to 4:00pm. Beach and Recycle Permits
are not available in person but can be purchased online or through our mail-in program. For the latest updates on Town services, please visit www.brewster-
ma.gov.
From: William He wig <WHe wig@k-plaw.com>
Se nt: Tuesday, November 9, 2021 2:07 PM
To: Pete r Lombardi <pl ombardi @bre wster-ma.gov>
Subje ct: FW: Comcast Li ce nse - Ame ndment to 7.1
Dear Peter,
Mik e and I s poke about this this morning, and I told him I would reac h out to you directly.
I believe that the inc lusion of sec. 7.1 was an error as there is currently no service office in the town. Accordingly, I see no objections to removing the s ec tion.
If y ou wish to dis cuss I would be happy to call you.
Bes t Regards ,
Bill
W illiam Hewig III, Es q.KP | LAW
101 Arc h Street, 12th Floor
Bos ton, MA 02110
O: (617) 556 0007
F: (617) 654 1735
whewig@k-plaw.c om
www.k-plaw.c om
This mes s age and the doc uments attached to it, if any, are intended only f or the use of the addressee and may c ontain inf ormation that is PRIVILEGED and CONFIDENTIA L and/or may contain
A TTORNEY WORK PRODUCT. If you are not the intended recipient, y ou are hereby notif ied that any dissemination of this communication is strictly prohibited. If you hav e received this c ommunic ation in
error, please delete all electronic copies of this message and attac hments thereto, if any, and des troy any hard c opies you may have created and notif y me immediately .
From: Gal l a, Mi chael <Michae l _Galla@comcast.com>
Se nt: Tuesday, November 9, 2021 9:34 AM
To: Wi l l i am Hewi g <WHewi g@k-pl aw.com>; Peter Lombardi <pl ombardi @bre wste r-ma.gov>
Subje ct: Comcast License - Amendment to 7.1
Bill and Pe ter,
I am se ndi ng an e mail as a follow up to the conversation that I had wi l l Bill this morning. From re view of the license the second paragraph in Secti on 7.1 was
not re moved as was agre e d to duri ng negotiations. I will amend the l i ce nse but woul d you please acknowl edge this emai l just so I know that i t was re ce i ved.
Thank you!
Michae l Galla
Sr. Manager Governme nt & Regul atory Affairs
Comcast Cable Communi cati ons Inc.
Phone: (508) 732-1536
Cell: (339) 832-7395
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RENEWAL
CABLE TELEVISION LICENSE
FOR
THE TOWN OF BREWSTER,
MASSACHUSETTS
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
2
TABLE OF CONTENTS
INTRODUCTION ................................................................................................................................. 4
ARTICLE 1 DEFINITIONS .................................................................................................................... 5
SECTION 1.1 -DEFINITIONS ................................................................................................................................. 5
ARTICLE 2 GRANT OF RENEWAL LICENSE ...................................................................................... 10
SECTION 2.1 -GRANT OF RENEWAL LICENSE .................................................................................................... 10
SECTION 2.2 -TERM:NON-EXCLUSIVITY ........................................................................................................... 10
SECTION 2.3 –POLE AND CONDUIT ATTACHMENT RIGHTS .............................................................................. 10
SECTION 2.4 –RENEWAL .................................................................................................................................. 11
SECTION 2.5 -RESERVATION OF AUTHORITY .................................................................................................... 11
SECTION 2.6 -NON-EXCLUSIVITY OF LICENSE ................................................................................................... 11
ARTICLE 3 SYSTEM SPECIFICATIONS AND CONSTRUCTION .......................................................... 14
SECTION 3.1 –AREA TO BE SERVED .................................................................................................................. 14
SECTION 3.2 -SUBSCRIBER NETWORK .............................................................................................................. 15
SECTION 3.3 -PARENTAL CONTROL CAPABILITY ............................................................................................... 15
SECTION 3.4---EMERGENCY ALERT OVERRIDE CAPATOWN .............................................................................. 15
ARTICLE 4 TECHNOLOGICAL AND SAFETY STANDARDS ................................................................ 16
SECTION 4.1 –SYSTEM MAINTENANCE ............................................................................................................ 16
SECTION 4.2 –REPAIRS AND RESTORATION ..................................................................................................... 16
SECTION 4.3 -CABLE LOCATION........................................................................................................................ 17
SECTION 4.4 –TREE TRIMMING ........................................................................................................................ 17
SECTION 4.5 –STRAND MAPS ........................................................................................................................... 18
SECTION 4.6 –BUILDING MOVES ...................................................................................................................... 18
SECTION 4.7 –DIG SAFE .................................................................................................................................... 18
SECTION 4.8 –DISCONNECTION AND RELOCATION.......................................................................................... 18
SECTION 4.9 –EMERGENCY REMOVAL OF PLANT ............................................................................................. 19
SECTION 4.10 –PROHIBITION AGAINST RESELLING OF SERVICE ....................................................................... 19
ARTICLE 5 PROGRAMMING ............................................................................................................ 20
SECTION 5.1 -BASIC CABLE SERVICE ................................................................................................................. 20
SECTION 5.2 -PROGRAMMING ......................................................................................................................... 20
SECTION 5.3 -STEREO TV TRANSMISSIONS ...................................................................................................... 20
SECTION 5.4 –CABLE CHANNELS FOR COMMERCIAL USE ................................................................................ 20
ARTICLE 6 PEG ACCESS CHANNEL(S) AND SUPPORT ..................................................................... 21
SECTION 6.1 -PEG ACCESS CHANNEL(S) ........................................................................................................... 21
SECTION 6.2 -PEG ACCESS PROVIDER ............................................................................................................... 22
SECTION 6.3 -PEG ACCESS CABLECASTING ....................................................................................................... 22
SECTION 6.4 –PEG ACCESS SUPPORT ............................................................................................................... 23
SECTION 6.5 -PROGRAMMING EXCLUSIVITY AND NON-COMPETITION ........................................................... 24
SECTION 6.6 –INTERCONNECTION WITH COMPETING CABLE LICENSEE .......................................................... 24
SECTION 6.7 -PEG ACCESS PROGRAMMING INDEMNIFICATION ...................................................................... 25
ARTICLE 7 CUSTOMER SERVICE AND CONSUMER PROTECTION .................................................. 26
SECTION 7.1 -CUSTOMER SERVICE ................................................................................................................... 26
SECTION 7.2 –CONSUMER COMPLAINT PROCEDURES .................................................................................... 26
SECTION 7.3 -PROTECTION OF SUBSCRIBER PRIVACY ...................................................................................... 26
SECTION 7.4 -EMPLOYEE IDENTIFICATION CARDS ........................................................................................... 26
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
3
ARTICLE 8 PRICES AND CHARGES ................................................................................................... 27
SECTION 8.1 -PRICES AND CHARGES ................................................................................................................ 27
ARTICLE 9 REGULATORY OVERSIGHT ............................................................................................. 28
SECTION 9.1 -INDEMNIFICATION ..................................................................................................................... 28
SECTION 9.2 –INSURANCE................................................................................................................................ 28
SECTION 9.3 -PERFORMANCE BOND ................................................................................................................ 29
SECTION 9.4 -LICENSE FEES .............................................................................................................................. 29
SECTION 9.5 -REPORTS ..................................................................................................................................... 30
SECTION 9.6 -EQUAL EMPLOYMENT OPPORTUNITY ........................................................................................ 30
SECTION 9.7 -REVOCATION OF LICENSE ........................................................................................................... 31
SECTION 9.8 -NOTICE AND OPPORTUNITY TO CURE ........................................................................................ 31
SECTION 9.9 -LIQUIDATED DAMAGES
SECTION 9.10 -TRANSFER OR ASSIGNMENT..................................................................................................... 33
SECTION 9.11 -REMOVAL OF SYSTEM .............................................................................................................. 34
SECTION 9.12 -INCORPORATION BY REFERENCE ............................................................................................. 35
SECTION 9.13 -NO THIRD PARTY BENEFICIARIES .............................................................................................. 35
ARTICLE 10 MISCELLANEOUS ......................................................................................................... 36
SECTION 10.1 -SEVERABILITY ........................................................................................................................... 36
SECTION 10.2 -FORCE MAJEURE ...................................................................................................................... 36
SECTION 10.3 -NOTICES ................................................................................................................................... 36
SECTION 10.4 -ENTIRE AGREEMENT ................................................................................................................ 37
SECTION 10.5 -CAPTIONS ................................................................................................................................. 37
SECTION 10.6 -WARRANTIES ............................................................................................................................ 38
SECTION 10.7 -APPLICABILITY OF RENEWAL LICENSE ...................................................................................... 38
SIGNATURE PAGE ............................................................................................................................ 39
EXHIBIT A PROGRAMMING ............................................................................................................ 40
EXHIBIT B VIDEO ORIGINATION LOCATIONS ................................................................................. 41
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
4
BREWSTER RENEWAL LICENSE
INTRODUCTION
WHEREAS, Comcast Cable Communications Management LLC (hereinafter "Licensee"), is the duly
authorized holder of a renewal license to operate a cable television system in the Town of Brewster,
Massachusetts (hereinafter the "Town"), said license having commenced on September 18, 2011;
WHEREAS, Licensee filed a written request for a renewal of its license by letter dated November 7,
2018 in conformity with the Cable Communications Policy Act of 1984 (“Cable Act”);
WHEREAS, there has been an opportunity for public comment, as required by Section 626(h) of the
Cable Act;
WHEREAS, the Issuing Authority has determined that the financial, legal, and technical ability of
Licensee is reasonably sufficient to provide services, facilities, and equipment necessary to meet the future
cable-related needs of the community, and desires to enter into this Renewal License with Licensee for the
construction and continued operation of a cable system on the terms and conditions set forth herein; and
WHEREAS, the Town’s Mayor, as the Issuing Authority, finds that Licensee has complied with the
terms of its previous license.
NOW THEREFORE, after due and full consideration, the Issuing Authority and Licensee agree that
this Renewal License is issued upon the following terms and conditions:
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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ARTICLE 1
DEFINITIONS
SECTION 1.1 - DEFINITIONS
For the purpose of this Renewal License, capitalized terms, phrases, words, and abbreviations shall
have the meanings ascribed to them in the Cable Communications Policy Act of 1984, as amended from
time to time, 47 U.S.C. §§ 521 et seq. (the “Cable Act”), and Massachusetts General Laws Chapter 166A
(M.G.L.c.166A), as amended from time to time, unless otherwise defined herein.
(a) Access Provider – shall mean the person, group or entity, for non-profit, designated by the
Issuing Authority for the purpose of operating and managing the use of Public, Educational and
Governmental Access funding, equipment and channels on the cable television system in accordance with
this Renewal License and 47 U.S.C. 531.
(b) Basic Cable Service – shall mean the lowest tier of service which includes the retransmission
of local television broadcast signals.
(c) Cable Act – shall mean the Cable Communications Policy Act of 1984, Public Law No. 98-549,
98 Stat. 2779 (1984), 47 U.S.C. 521 et. seq., amending the Communications Act of 1934, as further amended
by the 1992 Cable Consumer Protection and Competition Act, Public Law No. 102-385 and the
Telecommunications Act of 1996, Public Law No. 104-458, 110 Stat. 56 (1996) and as may be further
amended.
(d) Cable Division – shall mean the Competition Division of the Massachusetts Department of
Telecommunications and Cable established pursuant to Massachusetts General Laws Chapter 166A (M.G.L.
Chapter 166A) or its successor
(e) Cable Service – shall mean the one-way transmission to subscribers of (i) video programming,
or (ii) other programming service, and subscriber interaction, if any, which is required for the selection or
use of such video programming or other programming service.
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(f) Cable System or System – shall mean the facility owned, constructed, installed, operated and
maintained by Licensee in the Town of Brewster, consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designated to provide cable service
which includes video programming and which is provided to multiple subscribers within a community, but
such term does not include (a) a facility that serves only to retransmit the television signals of one or more
television broadcast stations; (b) a facility that serves subscribers without using any public right-of-way; (c)
a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable
Act, except that such facility shall be considered a cable system (other than for purposes of section 621(c)
of the Cable Act) to the extent such facility is used in the transmission of video programming directly to
subscribers unless the extent of such use is solely to provide interactive on-demand services; or (d) an open
video system that complies with section 653 of this title, or (e) any facilities of any electric utility used solely
for operating its electric utility systems.
(g) Drop – shall mean the coaxial cable that connects a home or building to the Subscriber
Network
(h) Effective Date – shall mean September 18, 2021.
(i) FCC – shall mean the Federal Communications Commission or any successor governmental
entity.
(j) Franchise Fee – shall mean the payments to be made by Licensee to the Issuing Authority,
the Town of Brewster and or any other governmental subdivision, such as an Access Provider, which shall
have the meaning as set forth in Section 622(g) of the Cable Act.
(k) Gross Annual Revenues – means the Cable Service revenue derived by the Grantee from the
operation of the Cable System in the Franchise Area to provide Cable Services, calculated in accordance
with generally accepted accounting principles (“GAAP”). Cable Service revenue includes monthly basic,
premium and pay-per-view video fees, leased access fees, advertising and home shopping revenue,
installation fees and equipment rental fees. Gross Revenue shall not include refundable deposits, bad debt,
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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late fees, investment income, programming launch support payments, advertising sales commissions, nor
any taxes, fees or assessments imposed or assessed by any governmental authority.
(l) Issuing Authority – shall mean the Select Board of the Town of Brewster, Massachusetts, or
the lawful designee thereof.
(m) Licensee – shall mean Comcast Cable Communications Management LLC, or any successor or
transferee in accordance with the terms and conditions in this Renewal License.
(n) License Fee – shall mean the payments to be made by Licensee to the Issuing Authority, the
Town of Brewster and or any other governmental subdivision, which shall have the meaning as set forth in
M.G.L.c. 166A, § 9.
(o) Modulator shall mean CATV modulator or equivalent device used for video signal transport.
(p) Multichannel Video Programming Distributor – shall mean a person such as, but not limited
to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a
television receive-only satellite program distributor, who makes available for purchase, by subscribers or
customers, multiple channels of video programming.
(q) Normal Operating Conditions – shall mean those service conditions which are within the control
of the Franchisee. Those conditions which are not within the control of the Franchisee include, but are not
limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or
unusual weather conditions. Those conditions which are ordinarily within the control of the Franchisee
include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or
seasonal demand periods, and maintenance or upgrade of the Cable System.
(r) Outlet – shall mean an interior receptacle that connects a television set to the Cable
Television System.
(s) PEG Access User – shall mean a Person utilizing the Cable Television System, including all related
facilities for purposes of production and/or transmission of PEG Access Programming as opposed to utilization
solely as a Subscriber.
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(t) Person – shall mean any natural person or any association, firm, partnership, joint venture,
corporation, or other legally recognized entity, whether for-profit or not-for profit, but shall not mean the
Issuing Authority.
(u) Public, Educational and Government (PEG) Access Programming – shall mean non-
commercial programming produced by any Brewster residents or organizations, schools and government
entities and the use of designated facilities, equipment and/or channels of the Cable System in accordance
with 47 U.S.C. 531 and this Renewal License.
(v) Public Buildings – shall mean those buildings owned or leased by the Issuing Authority for
municipal government administrative purposes, and shall not include buildings owned by Issuing Authority
but leased to third parties or buildings such as storage facilities at which government employees are not
regularly stationed.
(w) Public Way – shall mean the surface of, and the space above and below, any public street,
highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle or
other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or
rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements
located thereon now or hereafter held by the Issuing Authority in the Town of Brewster, which shall entitle
Licensee to the use thereof for the purpose of installing, operating, repairing, and maintaining the Cable
System. Public Way shall also mean any easement now or hereafter held by the Issuing Authority within
the Town of Brewster for the purpose of public travel, or for utility or public service use dedicated for
compatible uses, and shall include other easements or rights-of-way as shall within their proper use and
meaning entitle Licensee to the use thereof for the purposes of installing, operating, and maintaining
Licensee’s Cable System over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, attachments, and other property as may be ordinarily necessary and pertinent to the Cable
System.
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Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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(x) Renewal License or License – shall mean this Agreement and any amendments or
modifications in accordance with the terms herein.
(y) Signal – shall mean any transmission which carries Programming from one location to
another.
(z) Standard Installation – shall mean the standard one hundred fifty foot (150’) aerial Drop
connection to the existing distribution system.
(aa) Subscriber – shall mean a Person or user of the Cable System who lawfully receives Cable
Service with Licensee’s express permission.
(ab) Subscriber Network – shall mean the trunk and feeder signal distribution network over which
video and audio signals are transmitted to Subscribers.
(ac) Town – shall mean the Town of Brewster, Massachusetts.
(ad) Trunk and Distribution System – shall mean that portion of the Cable System for the delivery of
Signals, but not including Drop Cable(s) to Subscriber’s residences.
(ae) Video Programming or Programming – shall mean the programming provided by, or generally
considered comparable to programming provided by, a television broadcast station.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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ARTICLE 2
GRANT OF RENEWAL LICENSE
SECTION 2.1 - GRANT OF RENEWAL LICENSE
(a) Pursuant to the authority of M.G.L. c. 166A, and the Cable Act the Issuing Authority hereby
grants a non-exclusive Renewal License to Comcast of Southern New England, Inc., a Delaware Corporation,
authorizing and permitting Licensee to construct, operate and maintain a Cable System in the Public Way
within the municipal limits of the Town of Brewster. Nothing in this License shall be construed to prohibit
Licensee from offering any service over its Cable System that is not prohibited by federal or state law.
(b) This Renewal License is granted under and in compliance with the Cable Act and M.G.L.c.
166A, and in compliance with all rules and regulations of the FCC and the Cable Division in force and effect
during the period for which this Renewal License is granted.
(c) Subject to the terms and conditions herein, the Issuing Authority hereby grants to Licensee
the right to construct, upgrade, install, operate and maintain a Cable System within the Public Way.
SECTION 2.2 - TERM: NON-EXCLUSIVITY [SEE M.G.L.c. 166A §3(d) and 13]
The term of this non-exclusive Renewal License shall be for a period of ten (10) years and shall
commence on September 18, 2021, following the expiration of the current license, and shall expire at
midnight on September 17, 2031.
SECTION 2.3 - POLE AND CONDUIT ATTACHMENT RIGHTS [SEE M.G.L.c. 166 §22-25] ]
Pursuant to M.G.L.c. 166, §§22-25, permission is hereby granted to Licensee to attach or otherwise
affix including, but not limited to cables, wire, or optical fibers comprising the Cable System to the existing
poles and conduits on and under public streets and ways, provided Licensee secures the permission and
consent of the public utility companies to affix the cables and/or wires to their pole and conduit facilities.
By virtue of this License the Issuing Authority grants Licensee equal standing with power and telephone
utilities in the manner of placement of facilities on Public Ways.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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SECTION 2.4 - RENEWAL [SEE M.G.L.c. 166A §13]
(a) In accordance with the provisions of federal law, M.G.L.c. 166A, § 13 and applicable
regulations, this Renewal License shall be subject to additional renewals for the periods not to exceed ten
(10) years or such other periods as allowed by law.
(b) In accordance with applicable law, any such renewal or renewals shall be upon mutual written
agreement by Licensee and the Issuing Authority and shall contain such modified or additional terms as
Licensee and the Issuing Authority may then agree.
SECTION 2.5 - RESERVATION OF AUTHORITY
Nothing in this Renewal License shall (A) abrogate the right of the Issuing Authority to perform any
public works or public improvements of any description, (B) be construed as a waiver of any codes or
ordinances of general applicability and not specific to the Cable System, Licensee, or this License, or (C) be
construed as a waiver or release of the rights of the Issuing Authority in and to the Public Ways. This License
is a contract and except as to those changes which are the result of the Issuing Authority’s lawful exercise
of its general police power, the Issuing Authority may not take any unilateral action which materially
changes the explicit mutual promises in this License. Any changes to this License must be made in writing
signed by the Licensee and the Issuing Authority. Any conflict between this License and any Issuing
Authority ordinance or regulation that is not generally applicable, shall be resolved by a Court of
appropriate jurisdiction. Notwithstanding any other provision of this License, Licensee reserves the right
to challenge provisions of any ordinance, rule, regulation, or other enactment of the Issuing Authority that
conflicts with its contractual rights under this License, either now or in the future.
SECTION 2.6 - NON-EXCLUSIVITY OF LICENSE
(a) Licensee acknowledges and agrees that the Issuing Authority reserves the right to grant one
or more additional licenses or other authorizations to other Cable Service providers or wireline based video
service providers within the Town for the right to use and occupy the Public Ways or streets within the
Renewal Cable Television License for the Town of Brewster, MA
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Issuing Authorities jurisdiction. If any such additional or competitive license or other authorization is
granted by the Issuing Authorities which, in the reasonable opinion of Licensee, contains more financially
favorable or less burdensome terms or conditions than this Renewal License, including, but not limited to:
franchise fees; payment schedules, insurance; system build-out requirements; performance bonds or
similar instruments; public, education and government access channels and support; customer service
standards; required reports and related record keeping; and notice and opportunity to cure breaches; the
Issuing Authority agrees that it shall amend this Renewal License to include any more favorable or less
burdensome terms or conditions.
(b) In the event an application for a new cable television license or other authorization is filed
with the Issuing Authority, proposing to serve the Town, in whole or in part, the Issuing Authority shall serve
a copy of such application upon any existing Licensee or incumbent cable operator by registered or certified
mail or via nationally recognized overnight courier service within a reasonable time thereafter.
(c) To the extent allowed by applicable law(s), the grant of any additional cable television
license(s) or other authorization shall be on equivalent terms and conditions as those contained in this
Renewal License.
(d) The issuance of additional license(s) shall be subject to all applicable federal and state laws,
including M.G.L.c. 166A and applicable regulations promulgated thereunder.
(e) In the event that Licensee believes that any additional license(s) or other authorization has
been granted on terms or conditions more favorable or less burdensome than those contained in this
Renewal License, the Issuing Authority shall convene a public hearing on such issue, within not more than
thirty (30) days of receipt of a hearing request from Licensee. Along with said written request, Licensee
shall provide the Issuing Authority with written reasons for its belief. At the public hearing, the Issuing
Authority shall afford Licensee an opportunity to demonstrate that any such additional license(s) or other
authorization are on terms more favorable or less burdensome than those contained in this Renewal
License. Licensee shall provide the Issuing Authority with such financial or other relevant information as is
reasonably requested.
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(f) Should Licensee demonstrate that any such additional license(s) or other authorizations have
been granted on terms and conditions more favorable or less burdensome than those contained in this
Renewal License, the Issuing Authority shall make equitable amendments to this Renewal License within a
reasonable time.
(g) In the event that Licensee demonstrates that an existing or future Cable Service provider or
wireline based video service provider in the Town has been provided relief by the Issuing Authority from
any obligation of its license, then Licensee shall be awarded an equivalent amount of relief from the
material obligations herein. Such relief shall be in writing and in the form of an amendment to this License.
The Issuing Authority shall convene a public hearing on the issue within sixty (60) days of Licensee’s
notification to the Issuing Authority requiring such relief, unless otherwise mutually agreed to. License shall
provide reasons for its belief in the notification. At the public hearing, the Issuing Authority shall afford
Licensee an opportunity to demonstrate that any existing or future service providers in the Town have been
provided relief by the Issuing Authority from any obligation of its cable television license or other similar
lawful authorization. Licensee shall provide the Issuing Authority with such financial or other relevant
information as is reasonably requested to justify its belief; provided, however, that the parties’ counsel
mutually and reasonably deem said information is non-proprietary.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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ARTICLE 3
SYSTEM SPECIFICATIONS AND CONSTRUCTION
SECTION 3.1 - AREA TO BE SERVED [SEE M.G.L.c. 166A §3(a)]
(a) Licensee shall upon request make Cable Service available to every residential dwelling unit
within the Town where the minimum density is at least fifteen (15) dwelling units per aerial mile and twenty
(20) dwelling units per underground mile providing however, that any request for plant extension is
measured from the existing Trunk and Distribution System and Licensee is able to obtain from property
owners any necessary easements and/or permits in accordance with Cable Act. Licensee shall make service
available to multiple dwelling units (MDU) upon request and where economically feasible and providing
that Licensee is able to obtain from the property owners any necessary easements, permits and agreements
to provide Service to said MDU. Subject to the density requirement, Licensee shall upon request offer Cable
Service to all new homes or previously unserved homes located within one hundred fifty feet (150’) of
Licensee’s Trunk and Distribution System. For non-Standard Installations Licensee shall offer said Service
within ninety (90) days of a Subscriber requesting such for aerial installations and one hundred eighty (180)
days, weather permitting, of a Subscriber requesting such for underground installations. With respect to
areas of the Town which are currently served by Licensee from a contiguous cable television system or
currently unserved but could be served by abutting Town(s) served by Licensee, Licensee shall have the
option to serve such areas from its cable television system in such abutting Town.
(b) Installation costs shall conform with the Cable Act. Any dwelling unit within an aerial one
hundred fifty feet (150 ft.) of the Trunk and Distribution System shall be entitled to a Standard Installation
rate in accordance with applicable federal and state laws. Underground installs are considered non-
standard installations. All non-standard installations shall be provided at a rate established by the Licensee
in accordance with applicable federal and state laws.
(c) Provided Licensee has at least ninety (90) days’ prior written notice concerning the opening
of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install
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Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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its cable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits
within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and
said quantity is not in stock, Licensee shall be allowed additional time for said installation. The Issuing
Authority, or its designee, shall exercise reasonable efforts to have the Planning Board and developers give
timely written notice of trenching and underground construction to Licensee. Developer shall be
responsible for the digging and back-filling of all trenches.
SECTION 3.2 - SUBSCRIBER NETWORK
Licensee shall maintain a Cable Television System, fully capable of providing Cable Service in
accordance with applicable law.
SECTION 3.3 - PARENTAL CONTROL CAPABILITY
(a) Pursuant to applicable law, upon request, and at no separate, additional charge, Licensee
shall provide Subscribers with the capability to control the reception of any channel on the Cable System.
(b) The Issuing Authority acknowledges that the parental control capability may be part of a
converter box and Licensee may charge Subscriber for use of said box.
SECTION 3.4---EMERGENCY ALERT OVERRIDE CAPACITY
Licensee shall comply with the FCC’s Emergency Alert System (“EAS”) regulations.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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ARTICLE 4
TECHNOLOGICAL AND SAFETY STANDARDS
SECTION 4.1 - SYSTEM MAINTENANCE [SEE M.G.L.c. 166A §5]
(a) In installing, operating and maintaining equipment, cable and wires, Licensee shall avoid
damage and injury to trees, structures and improvements in and along the routes authorized by the Issuing
Authority, except as may be approved by the Issuing Authority if required for the proper installation,
operation and maintenance of such equipment, cable and wires.
(b) The construction, maintenance and operation of the Cable System for which this Renewal
License is granted shall be done in conformance with all applicable state and federal laws, ordinances, codes
and regulations of general applicability and the rules and regulations of the FCC as the same exist or as same
may be hereafter changed or amended.
(c) Operating and maintenance personnel shall be trained in the use of all safety equipment and
the safe operation of vehicles and equipment. Licensee shall install and maintain its equipment, cable and
wires in such a manner as shall not interfere with any installations of the Town or any public utility serving
the Town.
(d) All structures and all equipment, cable and wires in, over, under, and upon streets, sidewalks,
alleys, and public rights of ways of the Town, wherever situated or located shall at all times be kept and
maintained in a safe and suitable condition and in good order and repair.
SECTION 4.2 - REPAIRS AND RESTORATION [SEE M.G.L.c. 166A §5(g)]
Whenever Licensee takes up or disturbs any pavement, sidewalk or other improvement of any
public right of way or public place, the same shall be replaced and the surface restored in as good condition
as possible as before entry as soon as practicable. If Licensee fails to make such restoration within a
reasonable time, the Issuing Authority may fix a reasonable time for such restoration and repairs, and shall
notify Licensee in writing of the restoration and repairs required and the time fixed for the performance
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Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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thereof. Upon failure of Licensee to comply within the time specified, the Issuing Authority may cause
proper restoration and repairs to be made and the expense of such work shall be paid by Licensee upon
written demand by the Issuing Authority. Prior to such repair or restoration the Town shall submit a written
estimate to Licensee of the actual cost of said repair or restoration.
SECTION 4.3 - CABLE LOCATION
(a) In all areas of the Town where all of the transmission and distribution facilities of all public or
municipal utilities are installed underground, Licensee shall install its Cable System underground, provided
that such facilities are actually capable of receiving the Licensee’s cable and other equipment without
technical degradation of the Cable System’s signal quality.
(b) In all areas of the Town where public utility lines are aerially placed, if subsequently during
the term of the Renewal License such public utility lines are required by the Issuing Authority or State to be
relocated aerially or underground, Franchisee shall similarly relocate its Cable System if it is given
reasonable notice and access to the public and municipal utilities facilities at the time that such are placed
underground. Any costs incurred by Licensee for relocating the Cable System shall be entitled to
reimbursement of such relocation costs in the event public or private funds are raised for the project and
made available to other users of the Public Way. In the event that funds are not made available for
reimbursement, Licensee reserves the right to pass through its costs to Subscribers.
(c) Nothing in this Section shall be construed to require Licensee to construct, operate, or
maintain underground any ground-mounted appurtenances such as customer taps, line extenders, system
passive devices, amplifiers, power supplies, pedestals, or other related equipment.
SECTION 4.4 - TREE TRIMMING [SEE M.G.L.c. 166A §5(a)]
In installing, operating and maintaining equipment, cable and wires, Licensee shall avoid all
unnecessary damage and injury to trees, structures and improvements in an along the routes authorized
by this License.
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Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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SECTION 4.5 – STRAND MAPS
Upon written request, the Licensee shall file with the Issuing Authority strand maps of the Cable
System plant installed. Upon written request said strand maps shall also be provided in electronic format
if they exist in said electronic format. The Licensee shall not be required to provide a particular type of
electronic format which is different from the electronic format the Licensee maintains.
SECTION 4.6 - BUILDING MOVES [SEE M.G.L.c. 166 §39]
(a) In accordance with applicable laws, Licensee shall, upon the written request of any Person
holding a building moving permit issued by the Town, temporarily raise or lower its wires to permit the
moving of the building(s). Licensee shall be given not less than thirty (30) days’ advance written notice to
arrange for such temporary wire changes. The cost to raise or lower wires shall be borne by the Person(s)
holding the building move permit.
(b) Licensee shall have the right to seek reimbursement under any applicable insurance or
government program for reimbursement.
SECTION 4.7 - DIG SAFE [SEE M.G.L.c. 82 §40]
Licensee shall comply with applicable “dig safe” provisions pursuant to M.G.L.c. 82, § 40.
SECTION 4.8 - DISCONNECTION AND RELOCATION [SEE M.G.L.c. 166 §39]
(a) In accordance with applicable law, Licensee shall, at its sole cost and expense, protect,
support, temporarily disconnect, relocate in the same street, or other Public Right of Ways, or remove from
any street or any other Public Ways and places, any of its property as required by the Issuing Authority by
reason of traffic conditions, public safety, street construction, change or establishment of street grade, or
the construction of any public improvement or structure by any Town department acting in a lawful
governmental capacity.
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(b) In requiring Licensee to protect, support, temporarily disconnect, relocate or remove any
portion of its property, the Issuing Authority shall treat Licensee the same as, and require no more of
Licensee, than any other similarly situated utility.
(c) In either case, Licensee shall have the right to seek reimbursement under any applicable
insurance or government program for reimbursement. All cable operators or public or municipal utility
companies shall be treated alike if reimbursed for such costs by the Town.
SECTION 4.9 - EMERGENCY REMOVAL OF PLANT
(a) If, at any time, in case of fire or disaster in the Town, it shall be necessary in the reasonable
judgment of the Issuing Authority to cut or move any of the wires, cable or equipment of the Cable
Television System, the Town shall have the right to do so without cost or liability, provided however that,
wherever possible, the Issuing Authority shall give Licensee written notice and the ability to relocate wires,
cable or other equipment.
(b) In either case, Licensee shall have the right to seek reimbursement under any applicable
insurance or government program for reimbursement. All cable operators or public or municipal utility
companies shall be treated alike if reimbursed for such costs by the Town.
SECTION 4.10 – PROHIBITION AGAINST RESELLING OF SERVICE
No Person shall resell, without the express prior written consent of Licensee, any Cable Service,
program or signal transmitted over the Cable System by Licensee.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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ARTICLE 5
PROGRAMMING
SECTION 5.1 - BASIC CABLE SERVICE
Licensee shall make available a Basic Cable Service tier to all subscribers in accordance with 47
U.S.C. 534.
SECTION 5.2 - PROGRAMMING
(a) Pursuant to 47 U.S.C. 544, Licensee shall maintain the mix, quality and broad categories of
Video Programming as set forth in Exhibit A. Pursuant to federal law, all Video Programming decisions,
excluding PEG Access Programming, are at the sole discretion of Licensee.
(b) Licensee shall comply with 76.1603(c) of the FCC Rules and Regulations as well as 207 CMR
10.02 of the Massachusetts Cable Television Division Rules and Regulations regarding notice of
programming changes.
SECTION 5.3 - STEREO TV TRANSMISSIONS
All Broadcast Signals that are transmitted to Licensee’s headend in stereo shall be transmitted in
stereo to Subscribers.
SECTION 5.4 – CABLE CHANNELS FOR COMMERCIAL USE
Pursuant to 47 U.S.C. 532, Licensee shall make available channel capacity for commercial use by
persons unaffiliated with Licensee. Rates for use of commercial leased access channels shall be negotiated
between Licensee and the commercial user in accordance with federal law.
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Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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ARTICLE 6
PEG ACCESS CHANNEL(S) AND SUPPORT
SECTION 6.1 - PEG ACCESS CHANNEL(S)
(a) Use of a video channel for PEG Access Programming shall be provided in accordance with
federal law, 47 U.S.C. 531, and as further set forth below. Licensee does not relinquish its ownership of or
ultimate right of control over a channel by designating it for PEG use. A PEG Access User – whether an
individual, educational or governmental user – acquires no property or other interest by virtue of the use
of a channel so designated and may not rely on the continued use of a particular channel number, no matter
how long the same channel may have been designated for such use. Licensee shall not exercise editorial
control over any public, educational, or governmental use of a PEG Access Channel, except Licensee may
refuse to transmit any Public Access program or portion of a Public Access program that contains obscenity,
indecency, or nudity pursuant to Section 611 of the Cable Act. The Issuing Authority shall be responsible
for developing, implementing, interpreting and enforcing rules for PEG Access Channel use which shall
ensure that PEG Access Channel(s) and PEG Access equipment will be available on a first-come non-
discriminatory basis.
(b) Licensee shall designate three (3) channel(s) for a PEG Access Programming purpose. A PEG
Access Channel may not be used to cablecast for-profit, political or commercial fundraising programs in any
fashion. Unused capacity may be utilized by Licensee subject to the provisions set forth in subsection (c)
below.
(c) In the event the Issuing Authority or other PEG Access User elects not to fully program it’s
Channel(s) with original PEG Access Programming, Licensee may reclaim any unused time on those
channels, following six (6) months’ written notice to the Issuing Authority.
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SECTION 6.2 - PEG ACCESS PROVIDER
Beginning on the Effective Date, the Access Provider shall provide services to PEG Access Users and the
Town as follows:
(1) Schedule, operate and program the PEG Access channels provided in accordance with Section
6.3 below;
(2) Manage the annual funding, pursuant to Section 6.4 below;
(3) Purchase, maintain and/or lease equipment, with the funds allocated for such purposes in
Section 6.4 below;
(4) Conduct training programs in the skills necessary to produce PEG Access Programming;
(5) Provide technical assistance and production services to PEG Access Users;
(6) Establish rules, procedures and guidelines for use of the PEG Access Channels;
(7) Provide publicity, fundraising, outreach, referral and other support services to PEG Access Users;
(8) Assist PEG Access Users in the production of Video Programming of interest to Subscribers and
issues, events and activities; and
(9) Accomplish such other tasks relating to the operation, scheduling and/or management of the
PEG Access Channels, facilities and equipment as appropriate and necessary.
SECTION 6.3 PEG ACCESS CABLECASTING
(a) In order that PEG Access Programming can be cablecast over Licensee’s downstream PEG
Access Channel, all PEG Access Programming shall be modulated, then transmitted from an origination
location listed in Exhibit B to Licensee-owned headend or hub-site on a Licensee-owned upstream channel
made available, without charge, to the Town for its use. At Licensee-owned headend, said PEG Access
Programming shall be retransmitted in the downstream direction on one Licensee-owned Subscriber
Network downstream PEG Access Channels.
(b) Licensee shall provide and maintain all necessary switching and/or processing equipment
located at its hub-site or headend in order to switch upstream signals carrying PEG Access Programming
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from the location listed in Exhibit B to the designated Licensee-owned Subscriber Network downstream
PEG Access Channel.
(c) Licensee shall own, maintain, repair and/or replace any Licensee-owned headend or hub-site
audio and/or video signal processing equipment. The Town and/or PEG access provider shall own, maintain,
repair and/or replace studio and/or portable modulators and demodulators. The demarcation point
between Licensee’s equipment and the Town’s or PEG Access provider’s equipment shall be at the output
of the Town’s and/or the PEG Access provider’s modulator(s)or equivalent device at any of the origination
locations in Exhibit B.
(d)Subject to written request and payment by the Town or its Access Provider as set out herein,
the Licensee shall, within thirty-six (36) months of the Effective Date of this License, purchase, install and
operate standard definition serial digital interface (SD/SDI) equipment at the PEG Access video return hub for
three (3) SD PEG Access Channels and high definition interface equipment for one (1) HD PEG Access
Channel. Said equipment shall be used for transport of said PEG Access signal(s) to Comcast’s headend facility
to enable the Issuing Authority, its designee(s) and/or the Access Provider to cablecast their PEG Access
Programming over the Subscriber Network PEG Access Downstream Channels. The Licensee shall provide
the Town with an invoice for the cost of the project. Prior to making any payment to the Licensee, the
Licensee shall provide the Issuing Authority with a written invoice detailing the cost for said serial digital
interface equipment. The Licensee shall own, maintain and repair and/or, if necessary, replace, said
equipment for the entire term of this Renewal License
SECTION 6.4 – PEG ACCESS SUPPORT
(a) Licensee shall provide a Franchise Fee, effective October 1, 2021, to the Issuing Authority, or
its designee, for PEG Access purposes, equal to five percent (5%) of its Gross Annual Revenues, less
applicable License Fees and assessments from any state or other governmental agencies. Said Franchise
Fee shall be used for salaries, operating and other expenses related to PEG Access programming operations,
equipment and/or facilities. Said five percent (5%) Franchise Fee shall be made to the Issuing Authority, or
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its designee, on a quarterly basis. Licensee shall provide payments each February 15th, May 15th, August
15th and November 15th based on revenues from the previous calendar quarter.
(b) The Licensee shall provide capital funding to the Issuing Authority or its Access Designee for
capital costs for public, educational or governmental (PEG) access facilities (the “PEG Access Capital
Funding”) in the amount of Three Hundred Thousand Dollars ($300,000) on or before the below referenced
dates, as follows:
December 1, 2021 $30,000
December 1, 2022 $30,000
December 1, 2023 $30,000
December 1, 2024 $30,000
December 1, 2025 $30,000
December 1, 2026 $30,000
December 1, 2027 $30,000
December 1, 2028 $30,000
December 1, 2029 $30,000
December 1, 2030 $30,000
SECTION 6.5 - PROGRAMMING EXCLUSIVITY AND NON-COMPETITION
The Issuing Authority, or its designee, agrees that it will not use its designated PEG Access
channel(s),equipment, or other facilities to provide for-profit commercial services which have the effect of
competing with Licensee’s business. In addition, any Video Programming produced under the provisions of
this Article 6 shall not be commercially distributed to a competing Multichannel Video Programming
Distributor without the written consent of Licensee.
SECTION 6.6 – INTERCONNECTION WITH COMPETING CABLE LICENSEE
In the event a License is issued by the Issuing Authority to a competing Licensee, the competing
Licensee may not connect its system to Licensee’s Cable System for purposes of obtaining PEG Access
Programming from the Licensee’s PEG Access channels without the prior written consent of Licensee.
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SECTION 6.7 - PEG ACCESS PROGRAMMING INDEMNIFICATION
The Issuing Authority and/or the Access Provider shall indemnify the Licensee for any liability, loss
or damage it may suffer due to violation of the intellectual property rights of third parties or arising out of
the content of programming aired on any PEG channel and from claims arising out of the Issuing Authority’s
rules for or administration of PEG Access Programming.
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ARTICLE 7
CUSTOMER SERVICE AND CONSUMER PROTECTION
SECTION 7.1 - CUSTOMER SERVICE/CUSTOMER SERVICE OFFICE
Licensee shall comply with all customer service regulations of the FCC (47 CFR §76.309), and the
regulations of the Massachusetts Department of Telecommunications and Energy, Cable Division, governing
billing practices, at 207 CMR §10.01, et. seq., as they exist or as they may be amended from time to time.
Likewise, Licensee shall comply with the customer service regulations promulgated by the Cable Division as
they exist or as they may be amended from time to time.
SECTION 7.2 - CONSUMER COMPLAINT PROCEDURES [SEE M.G.L.c. 166A §10]
Complaints by any Person as to the operation of the Cable System may be filed in writing with the
Cable Division or with the Issuing Authority, each of which shall within ten (10) days forward copies of such
complaints to the other. The Issuing Authority and the Cable Division shall be notified by Licensee on forms
to be prescribed by the Cable Division not less than annually, of the complaints of subscribers received
during the reporting period and the manner in which they have been met, including the time required to
make any necessary repairs or adjustments.
SECTION 7.3 - PROTECTION OF SUBSCRIBER PRIVACY
Licensee shall comply with applicable federal and state privacy laws and regulations, including 47
U.S.C. 551.
SECTION 7.4 - EMPLOYEE IDENTIFICATION CARDS
All of Licensee’s employees, including repair and sales personnel, entering private property shall be
required to carry an employee identification card issued by Licensee.
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ARTICLE 8
PRICES AND CHARGES
SECTION 8.1 - PRICES AND CHARGES
(a) All rates, fees, charges, deposits and associated terms and conditions to be imposed by
Licensee or any affiliated Person for any Cable Service as of the Effective Date shall be in accordance with
applicable FCC’s rate regulations [47 U.S.C. 543]. Before any new or modified rate, fee, or charge is
imposed, Licensee shall follow the applicable FCC and State notice requirements and rules and notify
affected Subscribers, which notice may be by any means permitted under applicable law. Nothing in this
Renewal License shall be construed to prohibit the reduction or waiver of charges in conjunction with
promotional campaigns for the purpose of attracting or retaining Subscribers.
(b) The Issuing Authority acknowledges that under the Cable Act, certain costs of Public,
Educational and Governmental (“PEG”) Access and other license/franchise requirements may be passed
through to the Subscribers in accordance with federal law.
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ARTICLE 9
REGULATORY OVERSIGHT
SECTION 9.1 - INDEMNIFICATION
Licensee shall indemnify, defend and hold harmless the Issuing Authority, its officers, employees,
and agents from and against any liability or claims resulting from property damage or bodily injury
(including accidental death) that arise out of Licensee’s construction, operation, maintenance or removal
of the Cable System, including, but not limited to, reasonable attorney’s fees and costs, provided that the
Issuing Authority shall give Licensee timely written notice of its obligation to indemnify and defend the
Issuing Authority within the timely receipt of a claim or action, sufficient to avoid entry of a default
judgment against the Issuing Authority. If the Issuing Authority determines that it is necessary for it to
employ separate counsel, the costs for such separate counsel shall be the responsibility of the Issuing
Authority.
SECTION 9.2 – INSURANCE
(a) Licensee shall carry Commercial General Liability insurance throughout the term of this
Renewal License and any removal period pursuant to M.G.L.c. 166A, § 5(c) with an insurance company
authorized to conduct business in Massachusetts protecting, as required in this Renewal License, Licensee
and listing the Town as an additional insured, against any and all claims for injury or damage to persons or
property, both real and personal, caused by the construction, installation, operation, maintenance or
removal of its Cable System. The amount of such insurance against liability for personal injury and property
damage shall be no less than One Million Dollars ($1,000,000) as to any one occurrence. The amount of
such insurance for excess liability shall be Five Million Dollars ($5,000,000) in umbrella form. (b) Licensee
shall carry insurance against all claims arising out of the operation of motor vehicles in the amount of One
Million Dollars ($1,000,000) combined single limit for bodily injury and consequent death and property
damage per occurrence;
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(c) All insurance coverage, including Workers' Compensation, shall be maintained throughout
the period of this Renewal License. All expenses incurred for said insurance shall be at the sole expense of
Licensee.
(d) Licensee shall provide the Issuing Authority upon request with certificate(s) of insurance for
all policies required herein upon expiration of policies.
SECTION 9.3 - PERFORMANCE BOND
(a) Licensee has submitted and shall maintain throughout the duration of this Renewal License and
any removal period pursuant to M.G.L.c. 166A, § 5(c) a performance bond in the amount of Fifty Thousand
Dollars ($50,000) running to the Town with a surety company satisfactory to the Issuing Authority to
guarantee the following terms:
(1) the satisfactory completion of the installation and operation of the Cable
System in the time schedule provided herein and otherwise of M.G.L.c. 166A,
§ 5(a), (m) and (n);
(2) the satisfactory restoration of pavements, sidewalks and other
improvements in accordance with M.G.L.c. 166A, § 5(g);
(3) the indemnity of the Town in accordance with M.G.L.c. 166A, § 5(b); and
(4) the satisfactory removal or other disposition of the Cable System in
accordance with M.G.L.c. 166A, § 5(f).
SECTION 9.4 - LICENSE FEES
(a) During the term of the Renewal License the annual License Fee payable to the Issuing
Authority shall be the maximum allowable by law, per Subscriber served as of the last day of the preceding
calendar year, payable on or before March 15th of the said year. Pursuant to M.G.L.c. 166A, § 9, this fee is
currently fifty cents ($.50) per Subscriber
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(b) In accordance with Section 622(b) of the Cable Act, Licensee shall not be liable for a total
financial commitment pursuant to this Renewal License and applicable law in excess of five percent (5%) of
its Gross Annual Revenues; provided, however, that said five percent (5%) shall include (i) the PEG Access
Annual Support (Section 6.4, and (ii) any amounts included in the term “Franchise Fee” pursuant to Section
622(g)(1) of the Cable Act), but shall not include the following: (i) PEG Access Capital Support (Section 6.
4(B)); (ii) interest due herein to the Issuing Authority because of late payments; and (iii) any other exclusion
to the term “Franchise Fee” pursuant to Section 622(g)(2) of the Cable Act.
(c) All payments by Licensee to the Town pursuant to this Section shall be made payable to the
Town unless otherwise agreed to in writing by the parties.
SECTION 9.5 - REPORTS
(a) Licensee shall file annually with the Cable Division on forms prescribed by the Cable Division,
a sworn statement of its revenues and expenses for official use only. In addition, Licensee shall also file
with the Cable Division, a financial balance sheet and statement of ownership which shall be supplied upon
written request of the Issuing Authority. These requirements shall be subject to the regulations of the Cable
Division.
(b) In addition, Licensee shall maintain for public inspection all records required by the FCC and
as specified in 47 CFR §76.305 in the manner prescribed therein.
(c) Upon written request, Licensee shall make available to the Issuing Authority all reports
required by this section, and subject to requirements of confidentiality for proprietary information.
SECTION 9.6 - EQUAL EMPLOYMENT OPPORTUNITY
Licensee is an Equal Opportunity Employer and shall comply with applicable FCC regulations with
respect to Equal Employment Opportunities.
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SECTION 9.7 - REVOCATION OF LICENSE
The License issued hereunder may, after due written notice and hearing per Section 9.8 (Notice and
Opportunity to Cure), be revoked by the Issuing Authority or the Cable Division for any of the following
reasons:
(a) For false or misleading statements in, or material omissions from, the application submitted
under M.G.L.c. 166A, § 4;
(b) For failure to file and maintain the performance bond as described in Section 9.3
(Performance Bond) or to maintain insurance as described in Section 9.2 (Insurance);
(c) For repeated failure to comply with the material terms and conditions herein required by
M.G.L.c. 166A, §5;
(d) For repeated failure, as determined by the Cable Division, to maintain signal quality pursuant
to the standards provided for by the FCC and/or Cable Division;
(e) For any transfer or assignment of the Renewal License or control thereof without consent of
the Issuing Authority in violation of Section 9.9 herein; and
(f) For failure to complete construction in accordance with the provisions of the Renewal
License.
SECTION 9.8 - NOTICE AND OPPORTUNITY TO CURE
In the event that the Issuing Authority has reason to believe that Licensee has defaulted in the
performance of any or several material provisions of this Renewal License, except as excused by Force Majeure,
the Issuing Authority shall notify Licensee in writing, by certified mail, of the material provision or provisions
which the Issuing Authority believes may have been in default and the details relating thereto. Licensee shall
have thirty (30) days from the receipt of such notice to:
(a) respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default
and providing such information or documentation as may be necessary to support Licensee's position; or
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(b) cure any such default (and provide written evidence of the same), or, in the event that by nature
of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure
said default and diligently continue such efforts until said default is cured. Licensee shall report to the Issuing
Authority, in writing, by certified mail, at forty-five (45) day intervals as to Licensee's efforts, indicating the steps
taken by Licensee to cure said default and reporting Licensee's progress until such default is cured.
(c) In the event that (i) Licensee fails to respond to such notice of default; and/or (ii) Licensee fails
to cure the default or to take reasonable steps to cure the default within the required forty-five (45) day period;
the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days
after written notice, by certified mail, to Licensee. Licensee shall be provided reasonable opportunity to offer
evidence, question witnesses, if any, and be heard at such public hearing.
(d) Within thirty (30) days after said public hearing, the Issuing Authority shall issue a written
determination of its findings. In the event that the Issuing Authority determines that Licensee is in such default,
the Issuing Authority may determine to pursue any lawful remedy available to it.
(e) In the event that (i) the Issuing Authority fails to issue a written reply within 30 days accepting or
rejecting Licensees' response pursuant to 9.8(a) above; (ii) the Issuing Authority fails to issue a written
acknowledgement after Licensee's notice that it cured said default pursuant to 9.8(b) above; and/or (iii) the
Issuing Authority fails to schedule a public hearing no later than thirty (30) days of having sent a written notice
consistent with Section 9.8(c) above and/or (iv) the Issuing authority fails to issue a written determination with
thirty (30) days after the public hearing pursuant to Section 9.8(d) above , then the issue of said default against
Licensee by the Issuing Authority shall be considered null and void.
SECTION 9.9 – LIQUIDATED DAMAGES
For the violation of any of the following material provisions of this Renewal License,
liquidated damages shall be paid by the Licensee to the Town, subject to Section 9.8 (Notice and
Opportunity to Cure) above. Any such liquidated damages shall be assessed as of the date that the
Licensee receives written notice, by certified mail, pursuant to Section 9.8 (Notice and Opportunity
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to Cure) above, of the provision(s) which the Issuing Authority believes to be in default, unless
cured pursuant to Section 9.8 (Notice and Opportunity to Cure) above.
1.For failure to extend service to any resident in accordance with Article 3 (Area to be Served)
herein, One Hundred and Fifty Dollars ($150.00) per day, for each day that such non-
compliance continues.
2.For failure to comply with the FCC’s Customer Service Obligations, 47 CFR §76.309, and the
Massachusetts Department of Telecommunications and Energy (“DTE”), Cable Division,
Billing Practices Regulation, 207 CMR §10.01 et seq., as each may from time to time be
amended, and in compliance with Sections 7.1 and 7.2. Fifty Dollars ($50.00) for each day
that any such non-compliance continues.
3.For failure to operate and maintain the Cable Television System, in accordance with Section
4.1 (System Maintenance) herein, Fifty ($50.00) per day, for each day such non-compliance
continues.
4.For failure to comply with the PEG access commitments contained in Article 6 (PEG Access
Channels and Support) herein, Fifty ($50.00) per day, for each day such non-compliance
continues longer than 30 days.
5.For failure to maintain the bonds and insurance required by Sections 9.2 and 9.3 (Insurance
and Bonds) herein, One Hundred Dollars ($100.00) per day, for each day of non-
compliance.
All similar violations or failures from the same factual events affecting multiple Subscribers shall
be assessed as a single violation, and each violation or a failure may only be assessed as a single
material violation.
SECTION 9.10 - TRANSFER OR ASSIGNMENT
In accordance with applicable law, this Renewal License or control hereof shall not be transferred
or assigned without the prior written consent of the Issuing Authority, which consent shall not be arbitrarily
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or unreasonably withheld. The consent of the Issuing Authority shall be given only after a hearing upon
written application therefor on forms prescribed by the Cable Division. Pursuant to 207 CMR 4.01(2), a
transfer or assignment of a license or control thereof between commonly controlled entities, between
affiliated companies, or between parent and subsidiary corporations, shall not constitute a transfer or
assignment of a license or control thereof under M.G.L.c.166A Section 7. Under 207 CMR 4.00, an “affiliated
company” is any person or entity that directly or indirectly or through one or more intermediaries, controls,
is controlled by, or is under common control with another person or entity. The application for consent to
an assignment or transfer shall be signed by Licensee and by the proposed assignee or transferee or by their
representatives, evidence of whose authority shall be submitted with the application. Within thirty (30)
days of receiving a request for consent, the Issuing Authority shall, in accordance with State and FCC rules
and regulations, notify Licensee in writing of the additional information, if any, it requires to determine the
legal, financial, technical and managerial qualifications of the transferee or new controlling party. If the
Issuing Authority has not taken action on Licensee’s request for consent within one hundred twenty (120)
days after receiving such request, consent shall be deemed given.
SECTION 9.11 - REMOVAL OF SYSTEM
Upon termination of this Renewal License or denial of any renewal hereof by passage of time or
otherwise in accordance with applicable law and after all appeals from any judicial determination are
exhausted and final, Licensee shall remove its supporting structures, poles, transmission and distribution
systems and other appurtenances from the streets, ways, lanes, alleys, parkways, bridges, highways, and
other public and private places in, over, under, or along which they are installed and shall restore the areas
to their original condition. If such removal is not completed within six (6) months of such termination, the
Issuing Authority or property owner may deem any property not removed as having been abandoned.
Notwithstanding the above, Franchisee shall not be required to remove its Cable System, or to relocate the
Cable System, or to sell the Cable System, or any portion thereof as a result of termination, denial of
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renewal, or any other lawful action to forbid or disallow Franchisee from providing Cable Service, if the
Cable System is actively being used to facilitate any other services not governed by the Cable Act.
SECTION 9.12 - INCORPORATION BY REFERENCE
(a) All presently and hereafter applicable conditions and requirements of federal, state and
generally applicable local laws, including but not limited to M.G.L.c. 166A, and the rules and regulations of
the FCC and the Cable Division, as they may be amended from time to time, are incorporated herein by
reference, to the extent not enumerated herein. However, no such generally applicable local laws, rules,
regulations and codes, as amended, may alter the obligations, interpretation and performance of this
Renewal License to the extent that any provision of this Renewal License conflicts with or is inconsistent
with such generally applicable local laws, rules or regulations.
SECTION 9.13 - NO THIRD PARTY BENEFICIARIES
Nothing in this Renewal License is intended to confer third-party beneficiary status on any
member of the public to enforce the terms of this Renewal License.
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ARTICLE 10
MISCELLANEOUS
SECTION 10.1 - SEVERABILITY
If any section, subsection, sentence, clause, phrase, or other portion of this Renewal License is, for
any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other
authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions
shall continue in full force and effect.
SECTION 10.2 - FORCE MAJEURE
If for any reason of force majeure Licensee is unable in whole or in part to carry out its obligations
hereunder, said Licensee shall not be deemed in violation or default during the continuance of such inability.
Unless further limited elsewhere in this Renewal License, the term "force majeure" as used herein shall have
the following meaning: strikes; acts of god; acts of public enemies, orders of any kind of the government of
the United States of America or of the Commonwealth of Massachusetts or any of their departments,
agencies, political subdivisions, or officials, or any civil or military authority; insurrections; riots, epidemics;
landslides; lightning; earthquakes; tornados; fires; hurricanes; volcanic activity; storms; floods; washouts;
droughts, environmental restrictions, arrests; civil disturbances; explosions; partial or entire failure of utilities;
unavailability of materials and/or essential equipment, environmental restrictions or any other cause or event
not reasonably anticipated or within Licensee's control.
SECTION 10.3 - NOTICES
(a) Every notice to be served upon the Issuing Authority shall be shall be sent by certified mail,
nationally recognized overnight courier service or other means as allowed by applicable law and providing for
a receipt as proof of delivery to the following address or such other address as the Issuing Authority may
specify in writing to Licensee.
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Town of Brewster
Mr. Peter Lombardi, Town Administrator
2198 Main Street
Brewster, MA 02631-3701
(b) Every notice served upon Licensee shall be delivered or sent by certified mail (postage prepaid)
or nationally recognized overnight courier service to the following address or such other address as Licensee
may specify in writing to the Issuing Authority.
Comcast Cable Communications, Inc.
Attn: Government Relations
181 Ballardvale St.
Wilmington, MA 01887
with copies to:
Comcast Cable Communications, Inc.
Attn: Vice President, Government Relations
676 Island Pond Road
Manchester, NH 03109
Comcast Cable Communications, Inc.
Attn: Government Affairs
One Comcast Center
Philadelphia, PA 19103
(c) Delivery of such notices shall be equivalent to direct personal notice, direction or order, and
shall be deemed to have been given at the time of receipt.
SECTION 10.4 - ENTIRE AGREEMENT
This instrument contains the entire agreement between the parties, supersedes all prior agreements
or proposals except as specifically incorporated herein, and cannot be changed without written amendment
signed by the Issuing Authority and the Licensee.
SECTION 10.5 - CAPTIONS
The captions to sections throughout this Renewal License are intended solely to facilitate reading and
reference to the sections and provisions of the Renewal License. Such sections shall not affect the meaning
or interpretation of the Renewal License.
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SECTION 10.6 - WARRANTIES
Licensee warrants, represents and acknowledges that, as of the Effective Date of this Renewal License:
(a) Licensee is duly organized, validly existing and in good standing under the laws of the State;
(b) Licensee has the requisite power and authority under applicable law and its by-laws and articles
of incorporation and/or other organizational documents, is authorized by resolutions of its Board of Directors
or other governing body, and has secured all consents which are required to be obtained as of the date of
execution of this Renewal License, to enter into and legally bind Licensee to this Renewal License and to take
all actions necessary to perform all of its obligations pursuant to this Renewal License;
(c) This Renewal License is enforceable against Licensee in accordance with the provisions herein;
and
(d) There is no action or proceedings pending or threatened against Licensee which would interfere
with performance of this Renewal License.
SECTION 10.7 - APPLICABILITY OF RENEWAL LICENSE
All of the provisions in this Renewal License shall apply to the Town, Licensee, and their respective
successors and assigns.
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WITNESS OUR HANDS AND OFFICIAL SEAL, THIS ________DAY OF SEPTEMBER, 2021.
TOWN OF BREWSTER, MA
SELECT BOARD
By: ______________________________
Cynthia Bingham
By: ______________________________
David Whitney
By: ______________________________
Benjamin deRuyter
By: ______________________________
Mary Chaffee
By: ______________________________
Ned Chatelain
COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC
By:
_____________________________
Trevor W. Arp, Sr. Vice President
Greater Boston Region
#734888v2/BREW/0026
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EXHIBIT A
PROGRAMMING
Licensee shall provide the following broad categories of Video Programming:
News Programming;
Sports Programming;
Public Affairs Programming;
Children’s Programming;
Entertainment Programming; and
Local Programming.
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EXHIBIT B
VIDEO ORIGINATION LOCATIONS
(1)Brewster Town Hall (Hub), 2198 Main Street;
(2)Brewster Ladies’ Library, 1822 Main Street;
(3)Senior Center, 1673 Main Street;
(4)Eddy School, 2298 Main Street;
(5)Stony Brook School, 384 Underpass Road.
September 17, 2021
Via Email
Mr. Peter Lombardi, Town Administrator
Board of Selectmen
Town of Brewster
2198 Main Street
Brewster, MA 02631-3701
Re: Town of Brewster – Cable Television Renewal License
Attached is the fully executed Cable Television Renewal License between the Town of Brewster and
Comcast which commenced on September 18, 2021.
Please feel free to contact me at Michael_Galla@cable.comcast.com should you have any questions.
Sincerely,
Michael Galla
Michael Galla, Sr. Manager
Government Relations
cc: Attorney William Hewig – KP | LAW (via email)
Shonda Green – MA DTC
Denise Mason – Comcast Manager of Government & Regulatory Affairs (via email)
Comcast Corporate Franchising (via email)
Comcast Division Franchising and Finance (via email)
RENEWAL
CABLE TELEVISION LICENSE
FOR
THE TOWN OF BREWSTER,
MASSACHUSETTS
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
2
TABLE OF CONTENTS
INTRODUCTION ................................................................................................................................. 4
ARTICLE 1 DEFINITIONS .................................................................................................................... 5
SECTION 1.1 - DEFINITIONS ................................................................................................................................. 5
ARTICLE 2 GRANT OF RENEWAL LICENSE ...................................................................................... 10
SECTION 2.1 - GRANT OF RENEWAL LICENSE .................................................................................................... 10
SECTION 2.2 - TERM: NON-EXCLUSIVITY ........................................................................................................... 10
SECTION 2.3 – POLE AND CONDUIT ATTACHMENT RIGHTS .............................................................................. 10
SECTION 2.4 – RENEWAL .................................................................................................................................. 11
SECTION 2.5 - RESERVATION OF AUTHORITY .................................................................................................... 11
SECTION 2.6 - NON-EXCLUSIVITY OF LICENSE ................................................................................................... 11
ARTICLE 3 SYSTEM SPECIFICATIONS AND CONSTRUCTION .......................................................... 14
SECTION 3.1 – AREA TO BE SERVED .................................................................................................................. 14
SECTION 3.2 - SUBSCRIBER NETWORK .............................................................................................................. 15
SECTION 3.3 - PARENTAL CONTROL CAPABILITY ............................................................................................... 15
SECTION 3.4---EMERGENCY ALERT OVERRIDE CAPATOWN .............................................................................. 15
ARTICLE 4 TECHNOLOGICAL AND SAFETY STANDARDS ................................................................ 16
SECTION 4.1 – SYSTEM MAINTENANCE ............................................................................................................ 16
SECTION 4.2 – REPAIRS AND RESTORATION ..................................................................................................... 16
SECTION 4.3 - CABLE LOCATION........................................................................................................................ 17
SECTION 4.4 – TREE TRIMMING ........................................................................................................................ 17
SECTION 4.5 – STRAND MAPS ........................................................................................................................... 18
SECTION 4.6 – BUILDING MOVES ...................................................................................................................... 18
SECTION 4.7 – DIG SAFE .................................................................................................................................... 18
SECTION 4.8 – DISCONNECTION AND RELOCATION.......................................................................................... 18
SECTION 4.9 – EMERGENCY REMOVAL OF PLANT ............................................................................................. 19
SECTION 4.10 – PROHIBITION AGAINST RESELLING OF SERVICE ....................................................................... 19
ARTICLE 5 PROGRAMMING ............................................................................................................ 20
SECTION 5.1 - BASIC CABLE SERVICE ................................................................................................................. 20
SECTION 5.2 - PROGRAMMING ......................................................................................................................... 20
SECTION 5.3 - STEREO TV TRANSMISSIONS ...................................................................................................... 20
SECTION 5.4 – CABLE CHANNELS FOR COMMERCIAL USE ................................................................................ 20
ARTICLE 6 PEG ACCESS CHANNEL(S) AND SUPPORT ..................................................................... 21
SECTION 6.1 - PEG ACCESS CHANNEL(S) ........................................................................................................... 21
SECTION 6.2 - PEG ACCESS PROVIDER ............................................................................................................... 22
SECTION 6.3 - PEG ACCESS CABLECASTING ....................................................................................................... 22
SECTION 6.4 – PEG ACCESS SUPPORT ............................................................................................................... 23
SECTION 6.5 - PROGRAMMING EXCLUSIVITY AND NON-COMPETITION ........................................................... 24
SECTION 6.6 – INTERCONNECTION WITH COMPETING CABLE LICENSEE .......................................................... 24
SECTION 6.7 - PEG ACCESS PROGRAMMING INDEMNIFICATION ...................................................................... 25
ARTICLE 7 CUSTOMER SERVICE AND CONSUMER PROTECTION .................................................. 26
SECTION 7.1 - CUSTOMER SERVICE ................................................................................................................... 26
SECTION 7.2 – CONSUMER COMPLAINT PROCEDURES .................................................................................... 26
SECTION 7.3 - PROTECTION OF SUBSCRIBER PRIVACY ...................................................................................... 27
SECTION 7.4 - EMPLOYEE IDENTIFICATION CARDS ........................................................................................... 27
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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ARTICLE 8 PRICES AND CHARGES ................................................................................................... 28
SECTION 8.1 - PRICES AND CHARGES ................................................................................................................ 28
ARTICLE 9 REGULATORY OVERSIGHT ............................................................................................. 29
SECTION 9.1 - INDEMNIFICATION ..................................................................................................................... 29
SECTION 9.2 – INSURANCE................................................................................................................................ 29
SECTION 9.3 - PERFORMANCE BOND ................................................................................................................ 30
SECTION 9.4 - LICENSE FEES .............................................................................................................................. 30
SECTION 9.5 - REPORTS ..................................................................................................................................... 31
SECTION 9.6 - EQUAL EMPLOYMENT OPPORTUNITY ........................................................................................ 31
SECTION 9.7 - REVOCATION OF LICENSE ........................................................................................................... 32
SECTION 9.8 - NOTICE AND OPPORTUNITY TO CURE ........................................................................................ 32
SECTION 9.9 -LIQUIDATED DAMAGES
SECTION 9.10 - TRANSFER OR ASSIGNMENT..................................................................................................... 34
SECTION 9.11 - REMOVAL OF SYSTEM .............................................................................................................. 35
SECTION 9.12 - INCORPORATION BY REFERENCE ............................................................................................. 36
SECTION 9.13 - NO THIRD PARTY BENEFICIARIES .............................................................................................. 36
ARTICLE 10 MISCELLANEOUS ......................................................................................................... 37
SECTION 10.1 - SEVERABILITY ........................................................................................................................... 37
SECTION 10.2 - FORCE MAJEURE ...................................................................................................................... 37
SECTION 10.3 - NOTICES ................................................................................................................................... 37
SECTION 10.4 - ENTIRE AGREEMENT ................................................................................................................ 38
SECTION 10.5 - CAPTIONS ................................................................................................................................. 38
SECTION 10.6 - WARRANTIES ............................................................................................................................ 39
SECTION 10.7 - APPLICABILITY OF RENEWAL LICENSE ...................................................................................... 39
SIGNATURE PAGE ............................................................................................................................ 40
EXHIBIT A PROGRAMMING ............................................................................................................ 41
EXHIBIT B VIDEO ORIGINATION LOCATIONS ................................................................................. 42
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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BREWSTER RENEWAL LICENSE
INTRODUCTION
WHEREAS, Comcast Cable Communications Management LLC (hereinafter "Licensee"), is the duly
authorized holder of a renewal license to operate a cable television system in the Town of Brewster,
Massachusetts (hereinafter the "Town"), said license having commenced on September 18, 2011;
WHEREAS, Licensee filed a written request for a renewal of its license by letter dated November 7,
2018 in conformity with the Cable Communications Policy Act of 1984 (“Cable Act”);
WHEREAS, there has been an opportunity for public comment, as required by Section 626(h) of the
Cable Act;
WHEREAS, the Issuing Authority has determined that the financial, legal, and technical ability of
Licensee is reasonably sufficient to provide services, facilities, and equipment necessary to meet the future
cable-related needs of the community, and desires to enter into this Renewal License with Licensee for the
construction and continued operation of a cable system on the terms and conditions set forth herein; and
WHEREAS, the Town’s Mayor, as the Issuing Authority, finds that Licensee has complied with the
terms of its previous license.
NOW THEREFORE, after due and full consideration, the Issuing Authority and Licensee agree that
this Renewal License is issued upon the following terms and conditions:
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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ARTICLE 1
DEFINITIONS
SECTION 1.1 - DEFINITIONS
For the purpose of this Renewal License, capitalized terms, phrases, words, and abbreviations shall
have the meanings ascribed to them in the Cable Communications Policy Act of 1984, as amended from
time to time, 47 U.S.C. §§ 521 et seq. (the “Cable Act”), and Massachusetts General Laws Chapter 166A
(M.G.L.c.166A), as amended from time to time, unless otherwise defined herein.
(a) Access Provider – shall mean the person, group or entity, for non-profit, designated by the
Issuing Authority for the purpose of operating and managing the use of Public, Educational and
Governmental Access funding, equipment and channels on the cable television system in accordance with
this Renewal License and 47 U.S.C. 531.
(b) Basic Cable Service – shall mean the lowest tier of service which includes the retransmission
of local television broadcast signals.
(c) Cable Act – shall mean the Cable Communications Policy Act of 1984, Public Law No. 98-549,
98 Stat. 2779 (1984), 47 U.S.C. 521 et. seq., amending the Communications Act of 1934, as further amended
by the 1992 Cable Consumer Protection and Competition Act, Public Law No. 102-385 and the
Telecommunications Act of 1996, Public Law No. 104-458, 110 Stat. 56 (1996) and as may be further
amended.
(d) Cable Division – shall mean the Competition Division of the Massachusetts Department of
Telecommunications and Cable established pursuant to Massachusetts General Laws Chapter 166A (M.G.L.
Chapter 166A) or its successor
(e) Cable Service – shall mean the one-way transmission to subscribers of (i) video programming,
or (ii) other programming service, and subscriber interaction, if any, which is required for the selection or
use of such video programming or other programming service.
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(f) Cable System or System – shall mean the facility owned, constructed, installed, operated and
maintained by Licensee in the Town of Brewster, consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designated to provide cable service
which includes video programming and which is provided to multiple subscribers within a community, but
such term does not include (a) a facility that serves only to retransmit the television signals of one or more
television broadcast stations; (b) a facility that serves subscribers without using any public right-of-way; (c)
a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable
Act, except that such facility shall be considered a cable system (other than for purposes of section 621(c)
of the Cable Act) to the extent such facility is used in the transmission of video programming directly to
subscribers unless the extent of such use is solely to provide interactive on-demand services; or (d) an open
video system that complies with section 653 of this title, or (e) any facilities of any electric utility used solely
for operating its electric utility systems.
(g) Drop – shall mean the coaxial cable that connects a home or building to the Subscriber
Network
(h) Effective Date – shall mean September 18, 2021.
(i) FCC – shall mean the Federal Communications Commission or any successor governmental
entity.
(j) Franchise Fee – shall mean the payments to be made by Licensee to the Issuing Authority,
the Town of Brewster and or any other governmental subdivision, such as an Access Provider, which shall
have the meaning as set forth in Section 622(g) of the Cable Act.
(k) Gross Annual Revenues – means the Cable Service revenue derived by the Grantee from the
operation of the Cable System in the Franchise Area to provide Cable Services, calculated in accordance
with generally accepted accounting principles (“GAAP”). Cable Service revenue includes monthly basic,
premium and pay-per-view video fees, leased access fees, advertising and home shopping revenue,
installation fees and equipment rental fees. Gross Revenue shall not include refundable deposits, bad debt,
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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late fees, investment income, programming launch support payments, advertising sales commissions, nor
any taxes, fees or assessments imposed or assessed by any governmental authority.
(l) Issuing Authority – shall mean the Select Board of the Town of Brewster, Massachusetts, or
the lawful designee thereof.
(m) Licensee – shall mean Comcast Cable Communications Management LLC, or any successor or
transferee in accordance with the terms and conditions in this Renewal License.
(n) License Fee – shall mean the payments to be made by Licensee to the Issuing Authority, the
Town of Brewster and or any other governmental subdivision, which shall have the meaning as set forth in
M.G.L.c. 166A, § 9.
(o) Modulator shall mean CATV modulator or equivalent device used for video signal transport.
(p) Multichannel Video Programming Distributor – shall mean a person such as, but not limited
to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a
television receive-only satellite program distributor, who makes available for purchase, by subscribers or
customers, multiple channels of video programming.
(q) Normal Operating Conditions – shall mean those service conditions which are within the control
of the Franchisee. Those conditions which are not within the control of the Franchisee include, but are not
limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or
unusual weather conditions. Those conditions which are ordinarily within the control of the Franchisee
include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or
seasonal demand periods, and maintenance or upgrade of the Cable System.
(r) Outlet – shall mean an interior receptacle that connects a television set to the Cable
Television System.
(s) PEG Access User – shall mean a Person utilizing the Cable Television System, including all related
facilities for purposes of production and/or transmission of PEG Access Programming as opposed to utilization
solely as a Subscriber.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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(t) Person – shall mean any natural person or any association, firm, partnership, joint venture,
corporation, or other legally recognized entity, whether for-profit or not-for profit, but shall not mean the
Issuing Authority.
(u) Public, Educational and Government (PEG) Access Programming – shall mean non-
commercial programming produced by any Brewster residents or organizations, schools and government
entities and the use of designated facilities, equipment and/or channels of the Cable System in accordance
with 47 U.S.C. 531 and this Renewal License.
(v) Public Buildings – shall mean those buildings owned or leased by the Issuing Authority for
municipal government administrative purposes, and shall not include buildings owned by Issuing Authority
but leased to third parties or buildings such as storage facilities at which government employees are not
regularly stationed.
(w) Public Way – shall mean the surface of, and the space above and below, any public street,
highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle or
other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or
rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements
located thereon now or hereafter held by the Issuing Authority in the Town of Brewster, which shall entitle
Licensee to the use thereof for the purpose of installing, operating, repairing, and maintaining the Cable
System. Public Way shall also mean any easement now or hereafter held by the Issuing Authority within
the Town of Brewster for the purpose of public travel, or for utility or public service use dedicated for
compatible uses, and shall include other easements or rights-of-way as shall within their proper use and
meaning entitle Licensee to the use thereof for the purposes of installing, operating, and maintaining
Licensee’s Cable System over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, attachments, and other property as may be ordinarily necessary and pertinent to the Cable
System.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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(x) Renewal License or License – shall mean this Agreement and any amendments or
modifications in accordance with the terms herein.
(y) Signal – shall mean any transmission which carries Programming from one location to
another.
(z) Standard Installation – shall mean the standard one hundred fifty foot (150’) aerial Drop
connection to the existing distribution system.
(aa) Subscriber – shall mean a Person or user of the Cable System who lawfully receives Cable
Service with Licensee’s express permission.
(ab) Subscriber Network – shall mean the trunk and feeder signal distribution network over which
video and audio signals are transmitted to Subscribers.
(ac) Town – shall mean the Town of Brewster, Massachusetts.
(ad) Trunk and Distribution System – shall mean that portion of the Cable System for the delivery of
Signals, but not including Drop Cable(s) to Subscriber’s residences.
(ae) Video Programming or Programming – shall mean the programming provided by, or generally
considered comparable to programming provided by, a television broadcast station.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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ARTICLE 2
GRANT OF RENEWAL LICENSE
SECTION 2.1 - GRANT OF RENEWAL LICENSE
(a) Pursuant to the authority of M.G.L. c. 166A, and the Cable Act the Issuing Authority hereby
grants a non-exclusive Renewal License to Comcast of Southern New England, Inc., a Delaware Corporation,
authorizing and permitting Licensee to construct, operate and maintain a Cable System in the Public Way
within the municipal limits of the Town of Brewster. Nothing in this License shall be construed to prohibit
Licensee from offering any service over its Cable System that is not prohibited by federal or state law.
(b) This Renewal License is granted under and in compliance with the Cable Act and M.G.L.c.
166A, and in compliance with all rules and regulations of the FCC and the Cable Division in force and effect
during the period for which this Renewal License is granted.
(c) Subject to the terms and conditions herein, the Issuing Authority hereby grants to Licensee
the right to construct, upgrade, install, operate and maintain a Cable System within the Public Way.
SECTION 2.2 - TERM: NON-EXCLUSIVITY [SEE M.G.L.c. 166A §3(d) and 13]
The term of this non-exclusive Renewal License shall be for a period of ten (10) years and shall
commence on September 18, 2021, following the expiration of the current license, and shall expire at
midnight on September 17, 2031.
SECTION 2.3 - POLE AND CONDUIT ATTACHMENT RIGHTS [SEE M.G.L.c. 166 §22-25] ]
Pursuant to M.G.L.c. 166, §§22-25, permission is hereby granted to Licensee to attach or otherwise
affix including, but not limited to cables, wire, or optical fibers comprising the Cable System to the existing
poles and conduits on and under public streets and ways, provided Licensee secures the permission and
consent of the public utility companies to affix the cables and/or wires to their pole and conduit facilities.
By virtue of this License the Issuing Authority grants Licensee equal standing with power and telephone
utilities in the manner of placement of facilities on Public Ways.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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SECTION 2.4 - RENEWAL [SEE M.G.L.c. 166A §13]
(a) In accordance with the provisions of federal law, M.G.L.c. 166A, § 13 and applicable
regulations, this Renewal License shall be subject to additional renewals for the periods not to exceed ten
(10) years or such other periods as allowed by law.
(b) In accordance with applicable law, any such renewal or renewals shall be upon mutual written
agreement by Licensee and the Issuing Authority and shall contain such modified or additional terms as
Licensee and the Issuing Authority may then agree.
SECTION 2.5 - RESERVATION OF AUTHORITY
Nothing in this Renewal License shall (A) abrogate the right of the Issuing Authority to perform any
public works or public improvements of any description, (B) be construed as a waiver of any codes or
ordinances of general applicability and not specific to the Cable System, Licensee, or this License, or (C) be
construed as a waiver or release of the rights of the Issuing Authority in and to the Public Ways. This License
is a contract and except as to those changes which are the result of the Issuing Authority’s lawful exercise
of its general police power, the Issuing Authority may not take any unilateral action which materially
changes the explicit mutual promises in this License. Any changes to this License must be made in writing
signed by the Licensee and the Issuing Authority. Any conflict between this License and any Issuing
Authority ordinance or regulation that is not generally applicable, shall be resolved by a Court of
appropriate jurisdiction. Notwithstanding any other provision of this License, Licensee reserves the right
to challenge provisions of any ordinance, rule, regulation, or other enactment of the Issuing Authority that
conflicts with its contractual rights under this License, either now or in the future.
SECTION 2.6 - NON-EXCLUSIVITY OF LICENSE
(a) Licensee acknowledges and agrees that the Issuing Authority reserves the right to grant one
or more additional licenses or other authorizations to other Cable Service providers or wireline based video
service providers within the Town for the right to use and occupy the Public Ways or streets within the
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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Issuing Authorities jurisdiction. If any such additional or competitive license or other authorization is
granted by the Issuing Authorities which, in the reasonable opinion of Licensee, contains more financially
favorable or less burdensome terms or conditions than this Renewal License, including, but not limited to:
franchise fees; payment schedules, insurance; system build-out requirements; performance bonds or
similar instruments; public, education and government access channels and support; customer service
standards; required reports and related record keeping; and notice and opportunity to cure breaches; the
Issuing Authority agrees that it shall amend this Renewal License to include any more favorable or less
burdensome terms or conditions.
(b) In the event an application for a new cable television license or other authorization is filed
with the Issuing Authority, proposing to serve the Town, in whole or in part, the Issuing Authority shall serve
a copy of such application upon any existing Licensee or incumbent cable operator by registered or certified
mail or via nationally recognized overnight courier service within a reasonable time thereafter.
(c) To the extent allowed by applicable law(s), the grant of any additional cable television
license(s) or other authorization shall be on equivalent terms and conditions as those contained in this
Renewal License.
(d) The issuance of additional license(s) shall be subject to all applicable federal and state laws,
including M.G.L.c. 166A and applicable regulations promulgated thereunder.
(e) In the event that Licensee believes that any additional license(s) or other authorization has
been granted on terms or conditions more favorable or less burdensome than those contained in this
Renewal License, the Issuing Authority shall convene a public hearing on such issue, within not more than
thirty (30) days of receipt of a hearing request from Licensee. Along with said written request, Licensee
shall provide the Issuing Authority with written reasons for its belief. At the public hearing, the Issuing
Authority shall afford Licensee an opportunity to demonstrate that any such additional license(s) or other
authorization are on terms more favorable or less burdensome than those contained in this Renewal
License. Licensee shall provide the Issuing Authority with such financial or other relevant information as is
reasonably requested.
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(f) Should Licensee demonstrate that any such additional license(s) or other authorizations have
been granted on terms and conditions more favorable or less burdensome than those contained in this
Renewal License, the Issuing Authority shall make equitable amendments to this Renewal License within a
reasonable time.
(g) In the event that Licensee demonstrates that an existing or future Cable Service provider or
wireline based video service provider in the Town has been provided relief by the Issuing Authority from
any obligation of its license, then Licensee shall be awarded an equivalent amount of relief from the
material obligations herein. Such relief shall be in writing and in the form of an amendment to this License.
The Issuing Authority shall convene a public hearing on the issue within sixty (60) days of Licensee’s
notification to the Issuing Authority requiring such relief, unless otherwise mutually agreed to. License shall
provide reasons for its belief in the notification. At the public hearing, the Issuing Authority shall afford
Licensee an opportunity to demonstrate that any existing or future service providers in the Town have been
provided relief by the Issuing Authority from any obligation of its cable television license or other similar
lawful authorization. Licensee shall provide the Issuing Authority with such financial or other relevant
information as is reasonably requested to justify its belief; provided, however, that the parties’ counsel
mutually and reasonably deem said information is non-proprietary.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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ARTICLE 3
SYSTEM SPECIFICATIONS AND CONSTRUCTION
SECTION 3.1 - AREA TO BE SERVED [SEE M.G.L.c. 166A §3(a)]
(a) Licensee shall upon request make Cable Service available to every residential dwelling unit
within the Town where the minimum density is at least fifteen (15) dwelling units per aerial mile and twenty
(20) dwelling units per underground mile providing however, that any request for plant extension is
measured from the existing Trunk and Distribution System and Licensee is able to obtain from property
owners any necessary easements and/or permits in accordance with Cable Act. Licensee shall make service
available to multiple dwelling units (MDU) upon request and where economically feasible and providing
that Licensee is able to obtain from the property owners any necessary easements, permits and agreements
to provide Service to said MDU. Subject to the density requirement, Licensee shall upon request offer Cable
Service to all new homes or previously unserved homes located within one hundred fifty feet (150’) of
Licensee’s Trunk and Distribution System. For non-Standard Installations Licensee shall offer said Service
within ninety (90) days of a Subscriber requesting such for aerial installations and one hundred eighty (180)
days, weather permitting, of a Subscriber requesting such for underground installations. With respect to
areas of the Town which are currently served by Licensee from a contiguous cable television system or
currently unserved but could be served by abutting Town(s) served by Licensee, Licensee shall have the
option to serve such areas from its cable television system in such abutting Town.
(b) Installation costs shall conform with the Cable Act. Any dwelling unit within an aerial one
hundred fifty feet (150 ft.) of the Trunk and Distribution System shall be entitled to a Standard Installation
rate in accordance with applicable federal and state laws. Underground installs are considered non-
standard installations. All non-standard installations shall be provided at a rate established by the Licensee
in accordance with applicable federal and state laws.
(c) Provided Licensee has at least ninety (90) days’ prior written notice concerning the opening
of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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its cable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits
within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and
said quantity is not in stock, Licensee shall be allowed additional time for said installation. The Issuing
Authority, or its designee, shall exercise reasonable efforts to have the Planning Board and developers give
timely written notice of trenching and underground construction to Licensee. Developer shall be
responsible for the digging and back-filling of all trenches.
SECTION 3.2 - SUBSCRIBER NETWORK
Licensee shall maintain a Cable Television System, fully capable of providing Cable Service in
accordance with applicable law.
SECTION 3.3 - PARENTAL CONTROL CAPABILITY
(a) Pursuant to applicable law, upon request, and at no separate, additional charge, Licensee
shall provide Subscribers with the capability to control the reception of any channel on the Cable System.
(b) The Issuing Authority acknowledges that the parental control capability may be part of a
converter box and Licensee may charge Subscriber for use of said box.
SECTION 3.4---EMERGENCY ALERT OVERRIDE CAPACITY
Licensee shall comply with the FCC’s Emergency Alert System (“EAS”) regulations.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
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ARTICLE 4
TECHNOLOGICAL AND SAFETY STANDARDS
SECTION 4.1 - SYSTEM MAINTENANCE [SEE M.G.L.c. 166A §5]
(a) In installing, operating and maintaining equipment, cable and wires, Licensee shall avoid
damage and injury to trees, structures and improvements in and along the routes authorized by the Issuing
Authority, except as may be approved by the Issuing Authority if required for the proper installation,
operation and maintenance of such equipment, cable and wires.
(b) The construction, maintenance and operation of the Cable System for which this Renewal
License is granted shall be done in conformance with all applicable state and federal laws, ordinances, codes
and regulations of general applicability and the rules and regulations of the FCC as the same exist or as same
may be hereafter changed or amended.
(c) Operating and maintenance personnel shall be trained in the use of all safety equipment and
the safe operation of vehicles and equipment. Licensee shall install and maintain its equipment, cable and
wires in such a manner as shall not interfere with any installations of the Town or any public utility serving
the Town.
(d) All structures and all equipment, cable and wires in, over, under, and upon streets, sidewalks,
alleys, and public rights of ways of the Town, wherever situated or located shall at all times be kept and
maintained in a safe and suitable condition and in good order and repair.
SECTION 4.2 - REPAIRS AND RESTORATION [SEE M.G.L.c. 166A §5(g)]
Whenever Licensee takes up or disturbs any pavement, sidewalk or other improvement of any
public right of way or public place, the same shall be replaced and the surface restored in as good condition
as possible as before entry as soon as practicable. If Licensee fails to make such restoration within a
reasonable time, the Issuing Authority may fix a reasonable time for such restoration and repairs, and shall
notify Licensee in writing of the restoration and repairs required and the time fixed for the performance
Renewal Cable Television License for the Town of Brewster, MA
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thereof. Upon failure of Licensee to comply within the time specified, the Issuing Authority may cause
proper restoration and repairs to be made and the expense of such work shall be paid by Licensee upon
written demand by the Issuing Authority. Prior to such repair or restoration the Town shall submit a written
estimate to Licensee of the actual cost of said repair or restoration.
SECTION 4.3 - CABLE LOCATION
(a) In all areas of the Town where all of the transmission and distribution facilities of all public or
municipal utilities are installed underground, Licensee shall install its Cable System underground, provided
that such facilities are actually capable of receiving the Licensee’s cable and other equipment without
technical degradation of the Cable System’s signal quality.
(b) In all areas of the Town where public utility lines are aerially placed, if subsequently during
the term of the Renewal License such public utility lines are required by the Issuing Authority or State to be
relocated aerially or underground, Franchisee shall similarly relocate its Cable System if it is given
reasonable notice and access to the public and municipal utilities facilities at the time that such are placed
underground. Any costs incurred by Licensee for relocating the Cable System shall be entitled to
reimbursement of such relocation costs in the event public or private funds are raised for the project and
made available to other users of the Public Way. In the event that funds are not made available for
reimbursement, Licensee reserves the right to pass through its costs to Subscribers.
(c) Nothing in this Section shall be construed to require Licensee to construct, operate, or
maintain underground any ground-mounted appurtenances such as customer taps, line extenders, system
passive devices, amplifiers, power supplies, pedestals, or other related equipment.
SECTION 4.4 - TREE TRIMMING [SEE M.G.L.c. 166A §5(a)]
In installing, operating and maintaining equipment, cable and wires, Licensee shall avoid all
unnecessary damage and injury to trees, structures and improvements in an along the routes authorized
by this License.
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SECTION 4.5 – STRAND MAPS
Upon written request, the Licensee shall file with the Issuing Authority strand maps of the Cable
System plant installed. Upon written request said strand maps shall also be provided in electronic format
if they exist in said electronic format. The Licensee shall not be required to provide a particular type of
electronic format which is different from the electronic format the Licensee maintains.
SECTION 4.6 - BUILDING MOVES [SEE M.G.L.c. 166 §39]
(a) In accordance with applicable laws, Licensee shall, upon the written request of any Person
holding a building moving permit issued by the Town, temporarily raise or lower its wires to permit the
moving of the building(s). Licensee shall be given not less than thirty (30) days’ advance written notice to
arrange for such temporary wire changes. The cost to raise or lower wires shall be borne by the Person(s)
holding the building move permit.
(b) Licensee shall have the right to seek reimbursement under any applicable insurance or
government program for reimbursement.
SECTION 4.7 - DIG SAFE [SEE M.G.L.c. 82 §40]
Licensee shall comply with applicable “dig safe” provisions pursuant to M.G.L.c. 82, § 40.
SECTION 4.8 - DISCONNECTION AND RELOCATION [SEE M.G.L.c. 166 §39]
(a) In accordance with applicable law, Licensee shall, at its sole cost and expense, protect,
support, temporarily disconnect, relocate in the same street, or other Public Right of Ways, or remove from
any street or any other Public Ways and places, any of its property as required by the Issuing Authority by
reason of traffic conditions, public safety, street construction, change or establishment of street grade, or
the construction of any public improvement or structure by any Town department acting in a lawful
governmental capacity.
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(b) In requiring Licensee to protect, support, temporarily disconnect, relocate or remove any
portion of its property, the Issuing Authority shall treat Licensee the same as, and require no more of
Licensee, than any other similarly situated utility.
(c) In either case, Licensee shall have the right to seek reimbursement under any applicable
insurance or government program for reimbursement. All cable operators or public or municipal utility
companies shall be treated alike if reimbursed for such costs by the Town.
SECTION 4.9 - EMERGENCY REMOVAL OF PLANT
(a) If, at any time, in case of fire or disaster in the Town, it shall be necessary in the reasonable
judgment of the Issuing Authority to cut or move any of the wires, cable or equipment of the Cable
Television System, the Town shall have the right to do so without cost or liability, provided however that,
wherever possible, the Issuing Authority shall give Licensee written notice and the ability to relocate wires,
cable or other equipment.
(b) In either case, Licensee shall have the right to seek reimbursement under any applicable
insurance or government program for reimbursement. All cable operators or public or municipal utility
companies shall be treated alike if reimbursed for such costs by the Town.
SECTION 4.10 – PROHIBITION AGAINST RESELLING OF SERVICE
No Person shall resell, without the express prior written consent of Licensee, any Cable Service,
program or signal transmitted over the Cable System by Licensee.
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ARTICLE 5
PROGRAMMING
SECTION 5.1 - BASIC CABLE SERVICE
Licensee shall make available a Basic Cable Service tier to all subscribers in accordance with 47
U.S.C. 534.
SECTION 5.2 - PROGRAMMING
(a) Pursuant to 47 U.S.C. 544, Licensee shall maintain the mix, quality and broad categories of
Video Programming as set forth in Exhibit A. Pursuant to federal law, all Video Programming decisions,
excluding PEG Access Programming, are at the sole discretion of Licensee.
(b) Licensee shall comply with 76.1603(c) of the FCC Rules and Regulations as well as 207 CMR
10.02 of the Massachusetts Cable Television Division Rules and Regulations regarding notice of
programming changes.
SECTION 5.3 - STEREO TV TRANSMISSIONS
All Broadcast Signals that are transmitted to Licensee’s headend in stereo shall be transmitted in
stereo to Subscribers.
SECTION 5.4 – CABLE CHANNELS FOR COMMERCIAL USE
Pursuant to 47 U.S.C. 532, Licensee shall make available channel capacity for commercial use by
persons unaffiliated with Licensee. Rates for use of commercial leased access channels shall be negotiated
between Licensee and the commercial user in accordance with federal law.
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ARTICLE 6
PEG ACCESS CHANNEL(S) AND SUPPORT
SECTION 6.1 - PEG ACCESS CHANNEL(S)
(a) Use of a video channel for PEG Access Programming shall be provided in accordance with
federal law, 47 U.S.C. 531, and as further set forth below. Licensee does not relinquish its ownership of or
ultimate right of control over a channel by designating it for PEG use. A PEG Access User – whether an
individual, educational or governmental user – acquires no property or other interest by virtue of the use
of a channel so designated and may not rely on the continued use of a particular channel number, no matter
how long the same channel may have been designated for such use. Licensee shall not exercise editorial
control over any public, educational, or governmental use of a PEG Access Channel, except Licensee may
refuse to transmit any Public Access program or portion of a Public Access program that contains obscenity,
indecency, or nudity pursuant to Section 611 of the Cable Act. The Issuing Authority shall be responsible
for developing, implementing, interpreting and enforcing rules for PEG Access Channel use which shall
ensure that PEG Access Channel(s) and PEG Access equipment will be available on a first-come non-
discriminatory basis.
(b) Licensee shall designate three (3) channel(s) for a PEG Access Programming purpose. A PEG
Access Channel may not be used to cablecast for-profit, political or commercial fundraising programs in any
fashion. Unused capacity may be utilized by Licensee subject to the provisions set forth in subsection (c)
below.
(c) In the event the Issuing Authority or other PEG Access User elects not to fully program it’s
Channel(s) with original PEG Access Programming, Licensee may reclaim any unused time on those
channels, following six (6) months’ written notice to the Issuing Authority.
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SECTION 6.2 - PEG ACCESS PROVIDER
Beginning on the Effective Date, the Access Provider shall provide services to PEG Access Users and the
Town as follows:
(1) Schedule, operate and program the PEG Access channels provided in accordance with Section
6.3 below;
(2) Manage the annual funding, pursuant to Section 6.4 below;
(3) Purchase, maintain and/or lease equipment, with the funds allocated for such purposes in
Section 6.4 below;
(4) Conduct training programs in the skills necessary to produce PEG Access Programming;
(5) Provide technical assistance and production services to PEG Access Users;
(6) Establish rules, procedures and guidelines for use of the PEG Access Channels;
(7) Provide publicity, fundraising, outreach, referral and other support services to PEG Access Users;
(8) Assist PEG Access Users in the production of Video Programming of interest to Subscribers and
issues, events and activities; and
(9) Accomplish such other tasks relating to the operation, scheduling and/or management of the
PEG Access Channels, facilities and equipment as appropriate and necessary.
SECTION 6.3 PEG ACCESS CABLECASTING
(a) In order that PEG Access Programming can be cablecast over Licensee’s downstream PEG
Access Channel, all PEG Access Programming shall be modulated, then transmitted from an origination
location listed in Exhibit B to Licensee-owned headend or hub-site on a Licensee-owned upstream channel
made available, without charge, to the Town for its use. At Licensee-owned headend, said PEG Access
Programming shall be retransmitted in the downstream direction on one Licensee-owned Subscriber
Network downstream PEG Access Channels.
(b) Licensee shall provide and maintain all necessary switching and/or processing equipment
located at its hub-site or headend in order to switch upstream signals carrying PEG Access Programming
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from the location listed in Exhibit B to the designated Licensee-owned Subscriber Network downstream
PEG Access Channel.
(c) Licensee shall own, maintain, repair and/or replace any Licensee-owned headend or hub-site
audio and/or video signal processing equipment. The Town and/or PEG access provider shall own, maintain,
repair and/or replace studio and/or portable modulators and demodulators. The demarcation point
between Licensee’s equipment and the Town’s or PEG Access provider’s equipment shall be at the output
of the Town’s and/or the PEG Access provider’s modulator(s) or equivalent device at any of the origination
locations in Exhibit B.
(d) Subject to written request and payment by the Town or its Access Provider as set out herein,
the Licensee shall, within thirty-six (36) months of the Effective Date of this License, purchase, install and
operate standard definition serial digital interface (SD/SDI) equipment at the PEG Access video return hub for
three (3) SD PEG Access Channels and high definition interface equipment for one (1) HD PEG Access
Channel. Said equipment shall be used for transport of said PEG Access signal(s) to Comcast’s headend facility
to enable the Issuing Authority, its designee(s) and/or the Access Provider to cablecast their PEG Access
Programming over the Subscriber Network PEG Access Downstream Channels. The Licensee shall provide
the Town with an invoice for the cost of the project. Prior to making any payment to the Licensee, the
Licensee shall provide the Issuing Authority with a written invoice detailing the cost for said serial digital
interface equipment. The Licensee shall own, maintain and repair and/or, if necessary, replace, said
equipment for the entire term of this Renewal License
SECTION 6.4 – PEG ACCESS SUPPORT
(a) Licensee shall provide a Franchise Fee, effective October 1, 2021, to the Issuing Authority, or
its designee, for PEG Access purposes, equal to five percent (5%) of its Gross Annual Revenues, less
applicable License Fees and assessments from any state or other governmental agencies. Said Franchise
Fee shall be used for salaries, operating and other expenses related to PEG Access programming operations,
equipment and/or facilities. Said five percent (5%) Franchise Fee shall be made to the Issuing Authority, or
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its designee, on a quarterly basis. Licensee shall provide payments each February 15th, May 15th, August
15th and November 15th based on revenues from the previous calendar quarter.
(b) The Licensee shall provide capital funding to the Issuing Authority or its Access Designee for
capital costs for public, educational or governmental (PEG) access facilities (the “PEG Access Capital
Funding”) in the amount of Three Hundred Thousand Dollars ($300,000) on or before the below referenced
dates, as follows:
December 1, 2021 $30,000
December 1, 2022 $30,000
December 1, 2023 $30,000
December 1, 2024 $30,000
December 1, 2025 $30,000
December 1, 2026 $30,000
December 1, 2027 $30,000
December 1, 2028 $30,000
December 1, 2029 $30,000
December 1, 2030 $30,000
SECTION 6.5 - PROGRAMMING EXCLUSIVITY AND NON-COMPETITION
The Issuing Authority, or its designee, agrees that it will not use its designated PEG Access
channel(s), equipment, or other facilities to provide for-profit commercial services which have the effect of
competing with Licensee’s business. In addition, any Video Programming produced under the provisions of
this Article 6 shall not be commercially distributed to a competing Multichannel Video Programming
Distributor without the written consent of Licensee.
SECTION 6.6 – INTERCONNECTION WITH COMPETING CABLE LICENSEE
In the event a License is issued by the Issuing Authority to a competing Licensee, the competing
Licensee may not connect its system to Licensee’s Cable System for purposes of obtaining PEG Access
Programming from the Licensee’s PEG Access channels without the prior written consent of Licensee.
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SECTION 6.7 - PEG ACCESS PROGRAMMING INDEMNIFICATION
The Issuing Authority and/or the Access Provider shall indemnify the Licensee for any liability, loss
or damage it may suffer due to violation of the intellectual property rights of third parties or arising out of
the content of programming aired on any PEG channel and from claims arising out of the Issuing Authority’s
rules for or administration of PEG Access Programming.
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ARTICLE 7
CUSTOMER SERVICE AND CONSUMER PROTECTION
SECTION 7.1 - CUSTOMER SERVICE/CUSTOMER SERVICE OFFICE
Licensee shall comply with all customer service regulations of the FCC (47 CFR §76.309), and the
regulations of the Massachusetts Department of Telecommunications and Energy, Cable Division, governing
billing practices, at 207 CMR §10.01, et. seq., as they exist or as they may be amended from time to time.
Likewise, Licensee shall comply with the customer service regulations promulgated by the Cable Division as
they exist or as they may be amended from time to time.
Sixty (60) months from the Effective Date of this Renewal License, the Licensee shall continue to
maintain, operate and staff, a full-time customer service office within the Town of Brewster , open for walk-in
business Monday through Friday, during Normal Business Hours, for the purpose of, among other things,
receiving monthly bill collections, installation and change of service and service call requests,
exchanging/replacing customer equipment, receiving all customer inquiries and Complaints, made in person,
including without limitation, those regarding billing, Service, installation, equipment malfunctions; and
answering general inquiries.
SECTION 7.2 - CONSUMER COMPLAINT PROCEDURES [SEE M.G.L.c. 166A §10]
Complaints by any Person as to the operation of the Cable System may be filed in writing with the
Cable Division or with the Issuing Authority, each of which shall within ten (10) days forward copies of such
complaints to the other. The Issuing Authority and the Cable Division shall be notified by Licensee on forms
to be prescribed by the Cable Division not less than annually, of the complaints of subscribers received
during the reporting period and the manner in which they have been met, including the time required to
make any necessary repairs or adjustments.
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SECTION 7.3 - PROTECTION OF SUBSCRIBER PRIVACY
Licensee shall comply with applicable federal and state privacy laws and regulations, including 47
U.S.C. 551.
SECTION 7.4 - EMPLOYEE IDENTIFICATION CARDS
All of Licensee’s employees, including repair and sales personnel, entering private property shall be
required to carry an employee identification card issued by Licensee.
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ARTICLE 8
PRICES AND CHARGES
SECTION 8.1 - PRICES AND CHARGES
(a) All rates, fees, charges, deposits and associated terms and conditions to be imposed by
Licensee or any affiliated Person for any Cable Service as of the Effective Date shall be in accordance with
applicable FCC’s rate regulations [47 U.S.C. 543]. Before any new or modified rate, fee, or charge is
imposed, Licensee shall follow the applicable FCC and State notice requirements and rules and notify
affected Subscribers, which notice may be by any means permitted under applicable law. Nothing in this
Renewal License shall be construed to prohibit the reduction or waiver of charges in conjunction with
promotional campaigns for the purpose of attracting or retaining Subscribers.
(b) The Issuing Authority acknowledges that under the Cable Act, certain costs of Public,
Educational and Governmental (“PEG”) Access and other license/franchise requirements may be passed
through to the Subscribers in accordance with federal law.
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ARTICLE 9
REGULATORY OVERSIGHT
SECTION 9.1 - INDEMNIFICATION
Licensee shall indemnify, defend and hold harmless the Issuing Authority, its officers, employees,
and agents from and against any liability or claims resulting from property damage or bodily injury
(including accidental death) that arise out of Licensee’s construction, operation, maintenance or removal
of the Cable System, including, but not limited to, reasonable attorney’s fees and costs, provided that the
Issuing Authority shall give Licensee timely written notice of its obligation to indemnify and defend the
Issuing Authority within the timely receipt of a claim or action, sufficient to avoid entry of a default
judgment against the Issuing Authority. If the Issuing Authority determines that it is necessary for it to
employ separate counsel, the costs for such separate counsel shall be the responsibility of the Issuing
Authority.
SECTION 9.2 – INSURANCE
(a) Licensee shall carry Commercial General Liability insurance throughout the term of this
Renewal License and any removal period pursuant to M.G.L.c. 166A, § 5(c) with an insurance company
authorized to conduct business in Massachusetts protecting, as required in this Renewal License, Licensee
and listing the Town as an additional insured, against any and all claims for injury or damage to persons or
property, both real and personal, caused by the construction, installation, operation, maintenance or
removal of its Cable System. The amount of such insurance against liability for personal injury and property
damage shall be no less than One Million Dollars ($1,000,000) as to any one occurrence. The amount of
such insurance for excess liability shall be Five Million Dollars ($5,000,000) in umbrella form. (b) Licensee
shall carry insurance against all claims arising out of the operation of motor vehicles in the amount of One
Million Dollars ($1,000,000) combined single limit for bodily injury and consequent death and property
damage per occurrence;
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(c) All insurance coverage, including Workers' Compensation, shall be maintained throughout
the period of this Renewal License. All expenses incurred for said insurance shall be at the sole expense of
Licensee.
(d) Licensee shall provide the Issuing Authority upon request with certificate(s) of insurance for
all policies required herein upon expiration of policies.
SECTION 9.3 - PERFORMANCE BOND
(a) Licensee has submitted and shall maintain throughout the duration of this Renewal License and
any removal period pursuant to M.G.L.c. 166A, § 5(c) a performance bond in the amount of Fifty Thousand
Dollars ($50,000) running to the Town with a surety company satisfactory to the Issuing Authority to
guarantee the following terms:
(1) the satisfactory completion of the installation and operation of the Cable
System in the time schedule provided herein and otherwise of M.G.L.c. 166A,
§ 5(a), (m) and (n);
(2) the satisfactory restoration of pavements, sidewalks and other
improvements in accordance with M.G.L.c. 166A, § 5(g);
(3) the indemnity of the Town in accordance with M.G.L.c. 166A, § 5(b); and
(4) the satisfactory removal or other disposition of the Cable System in
accordance with M.G.L.c. 166A, § 5(f).
SECTION 9.4 - LICENSE FEES
(a) During the term of the Renewal License the annual License Fee payable to the Issuing
Authority shall be the maximum allowable by law, per Subscriber served as of the last day of the preceding
calendar year, payable on or before March 15th of the said year. Pursuant to M.G.L.c. 166A, § 9, this fee is
currently fifty cents ($.50) per Subscriber
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(b) In accordance with Section 622(b) of the Cable Act, Licensee shall not be liable for a total
financial commitment pursuant to this Renewal License and applicable law in excess of five percent (5%) of
its Gross Annual Revenues; provided, however, that said five percent (5%) shall include (i) the PEG Access
Annual Support (Section 6.4, and (ii) any amounts included in the term “Franchise Fee” pursuant to Section
622(g)(1) of the Cable Act), but shall not include the following: (i) PEG Access Capital Support (Section 6.
4(B)); (ii) interest due herein to the Issuing Authority because of late payments; and (iii) any other exclusion
to the term “Franchise Fee” pursuant to Section 622(g)(2) of the Cable Act.
(c) All payments by Licensee to the Town pursuant to this Section shall be made payable to the
Town unless otherwise agreed to in writing by the parties.
SECTION 9.5 - REPORTS
(a) Licensee shall file annually with the Cable Division on forms prescribed by the Cable Division,
a sworn statement of its revenues and expenses for official use only. In addition, Licensee shall also file
with the Cable Division, a financial balance sheet and statement of ownership which shall be supplied upon
written request of the Issuing Authority. These requirements shall be subject to the regulations of the Cable
Division.
(b) In addition, Licensee shall maintain for public inspection all records required by the FCC and
as specified in 47 CFR §76.305 in the manner prescribed therein.
(c) Upon written request, Licensee shall make available to the Issuing Authority all reports
required by this section, and subject to requirements of confidentiality for proprietary information.
SECTION 9.6 - EQUAL EMPLOYMENT OPPORTUNITY
Licensee is an Equal Opportunity Employer and shall comply with applicable FCC regulations with
respect to Equal Employment Opportunities.
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SECTION 9.7 - REVOCATION OF LICENSE
The License issued hereunder may, after due written notice and hearing per Section 9.8 (Notice and
Opportunity to Cure), be revoked by the Issuing Authority or the Cable Division for any of the following
reasons:
(a) For false or misleading statements in, or material omissions from, the application submitted
under M.G.L.c. 166A, § 4;
(b) For failure to file and maintain the performance bond as described in Section 9.3
(Performance Bond) or to maintain insurance as described in Section 9.2 (Insurance);
(c) For repeated failure to comply with the material terms and conditions herein required by
M.G.L.c. 166A, §5;
(d) For repeated failure, as determined by the Cable Division, to maintain signal quality pursuant
to the standards provided for by the FCC and/or Cable Division;
(e) For any transfer or assignment of the Renewal License or control thereof without consent of
the Issuing Authority in violation of Section 9.9 herein; and
(f) For failure to complete construction in accordance with the provisions of the Renewal
License.
SECTION 9.8 - NOTICE AND OPPORTUNITY TO CURE
In the event that the Issuing Authority has reason to believe that Licensee has defaulted in the
performance of any or several material provisions of this Renewal License, except as excused by Force Majeure,
the Issuing Authority shall notify Licensee in writing, by certified mail, of the material provision or provisions
which the Issuing Authority believes may have been in default and the details relating thereto. Licensee shall
have thirty (30) days from the receipt of such notice to:
(a) respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default
and providing such information or documentation as may be necessary to support Licensee's position; or
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(b) cure any such default (and provide written evidence of the same), or, in the event that by nature
of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure
said default and diligently continue such efforts until said default is cured. Licensee shall report to the Issuing
Authority, in writing, by certified mail, at forty-five (45) day intervals as to Licensee's efforts, indicating the steps
taken by Licensee to cure said default and reporting Licensee's progress until such default is cured.
(c) In the event that (i) Licensee fails to respond to such notice of default; and/or (ii) Licensee fails
to cure the default or to take reasonable steps to cure the default within the required forty-five (45) day period;
the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days
after written notice, by certified mail, to Licensee. Licensee shall be provided reasonable opportunity to offer
evidence, question witnesses, if any, and be heard at such public hearing.
(d) Within thirty (30) days after said public hearing, the Issuing Authority shall issue a written
determination of its findings. In the event that the Issuing Authority determines that Licensee is in such default,
the Issuing Authority may determine to pursue any lawful remedy available to it.
(e) In the event that (i) the Issuing Authority fails to issue a written reply within 30 days accepting or
rejecting Licensees' response pursuant to 9.8(a) above; (ii) the Issuing Authority fails to issue a written
acknowledgement after Licensee's notice that it cured said default pursuant to 9.8(b) above; and/or (iii) the
Issuing Authority fails to schedule a public hearing no later than thirty (30) days of having sent a written notice
consistent with Section 9.8(c) above and/or (iv) the Issuing authority fails to issue a written determination with
thirty (30) days after the public hearing pursuant to Section 9.8(d) above , then the issue of said default against
Licensee by the Issuing Authority shall be considered null and void.
SECTION 9.9 – LIQUIDATED DAMAGES
For the violation of any of the following material provisions of this Renewal License,
liquidated damages shall be paid by the Licensee to the Town, subject to Section 9.8 (Notice and
Opportunity to Cure) above. Any such liquidated damages shall be assessed as of the date that the
Licensee receives written notice, by certified mail, pursuant to Section 9.8 (Notice and Opportunity
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to Cure) above, of the provision(s) which the Issuing Authority believes to be in default, unless
cured pursuant to Section 9.8 (Notice and Opportunity to Cure) above.
1. For failure to extend service to any resident in accordance with Article 3 (Area to be Served)
herein, One Hundred and Fifty Dollars ($150.00) per day, for each day that such non-
compliance continues.
2. For failure to comply with the FCC’s Customer Service Obligations, 47 CFR §76.309, and the
Massachusetts Department of Telecommunications and Energy (“DTE”), Cable Division,
Billing Practices Regulation, 207 CMR §10.01 et seq., as each may from time to time be
amended, and in compliance with Sections 7.1 and 7.2. Fifty Dollars ($50.00) for each day
that any such non-compliance continues.
3. For failure to operate and maintain the Cable Television System, in accordance with Section
4.1 (System Maintenance) herein, Fifty ($50.00) per day, for each day such non-compliance
continues.
4. For failure to comply with the PEG access commitments contained in Article 6 (PEG Access
Channels and Support) herein, Fifty ($50.00) per day, for each day such non-compliance
continues longer than 30 days.
5. For failure to maintain the bonds and insurance required by Sections 9.2 and 9.3 (Insurance
and Bonds) herein, One Hundred Dollars ($100.00) per day, for each day of non-
compliance.
All similar violations or failures from the same factual events affecting multiple Subscribers shall
be assessed as a single violation, and each violation or a failure may only be assessed as a single
material violation.
SECTION 9.10 - TRANSFER OR ASSIGNMENT
In accordance with applicable law, this Renewal License or control hereof shall not be transferred
or assigned without the prior written consent of the Issuing Authority, which consent shall not be arbitrarily
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or unreasonably withheld. The consent of the Issuing Authority shall be given only after a hearing upon
written application therefor on forms prescribed by the Cable Division. Pursuant to 207 CMR 4.01(2), a
transfer or assignment of a license or control thereof between commonly controlled entities, between
affiliated companies, or between parent and subsidiary corporations, shall not constitute a transfer or
assignment of a license or control thereof under M.G.L.c.166A Section 7. Under 207 CMR 4.00, an “affiliated
company” is any person or entity that directly or indirectly or through one or more intermediaries, controls,
is controlled by, or is under common control with another person or entity. The application for consent to
an assignment or transfer shall be signed by Licensee and by the proposed assignee or transferee or by their
representatives, evidence of whose authority shall be submitted with the application. Within thirty (30)
days of receiving a request for consent, the Issuing Authority shall, in accordance with State and FCC rules
and regulations, notify Licensee in writing of the additional information, if any, it requires to determine the
legal, financial, technical and managerial qualifications of the transferee or new controlling party. If the
Issuing Authority has not taken action on Licensee’s request for consent within one hundred twenty (120)
days after receiving such request, consent shall be deemed given.
SECTION 9.11 - REMOVAL OF SYSTEM
Upon termination of this Renewal License or denial of any renewal hereof by passage of time or
otherwise in accordance with applicable law and after all appeals from any judicial determination are
exhausted and final, Licensee shall remove its supporting structures, poles, transmission and distribution
systems and other appurtenances from the streets, ways, lanes, alleys, parkways, bridges, highways, and
other public and private places in, over, under, or along which they are installed and shall restore the areas
to their original condition. If such removal is not completed within six (6) months of such termination, the
Issuing Authority or property owner may deem any property not removed as having been abandoned.
Notwithstanding the above, Franchisee shall not be required to remove its Cable System, or to relocate the
Cable System, or to sell the Cable System, or any portion thereof as a result of termination, denial of
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
36
renewal, or any other lawful action to forbid or disallow Franchisee from providing Cable Service, if the
Cable System is actively being used to facilitate any other services not governed by the Cable Act.
SECTION 9.12 - INCORPORATION BY REFERENCE
(a) All presently and hereafter applicable conditions and requirements of federal, state and
generally applicable local laws, including but not limited to M.G.L.c. 166A, and the rules and regulations of
the FCC and the Cable Division, as they may be amended from time to time, are incorporated herein by
reference, to the extent not enumerated herein. However, no such generally applicable local laws, rules,
regulations and codes, as amended, may alter the obligations, interpretation and performance of this
Renewal License to the extent that any provision of this Renewal License conflicts with or is inconsistent
with such generally applicable local laws, rules or regulations.
SECTION 9.13 - NO THIRD PARTY BENEFICIARIES
Nothing in this Renewal License is intended to confer third-party beneficiary status on any
member of the public to enforce the terms of this Renewal License.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
37
ARTICLE 10
MISCELLANEOUS
SECTION 10.1 - SEVERABILITY
If any section, subsection, sentence, clause, phrase, or other portion of this Renewal License is, for
any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other
authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions
shall continue in full force and effect.
SECTION 10.2 - FORCE MAJEURE
If for any reason of force majeure Licensee is unable in whole or in part to carry out its obligations
hereunder, said Licensee shall not be deemed in violation or default during the continuance of such inability.
Unless further limited elsewhere in this Renewal License, the term "force majeure" as used herein shall have
the following meaning: strikes; acts of god; acts of public enemies, orders of any kind of the government of
the United States of America or of the Commonwealth of Massachusetts or any of their departments,
agencies, political subdivisions, or officials, or any civil or military authority; insurrections; riots, epidemics;
landslides; lightning; earthquakes; tornados; fires; hurricanes; volcanic activity; storms; floods; washouts;
droughts, environmental restrictions, arrests; civil disturbances; explosions; partial or entire failure of utilities;
unavailability of materials and/or essential equipment, environmental restrictions or any other cause or event
not reasonably anticipated or within Licensee's control.
SECTION 10.3 - NOTICES
(a) Every notice to be served upon the Issuing Authority shall be shall be sent by certified mail,
nationally recognized overnight courier service or other means as allowed by applicable law and providing for
a receipt as proof of delivery to the following address or such other address as the Issuing Authority may
specify in writing to Licensee.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
38
Town of Brewster
Mr. Peter Lombardi, Town Administrator
2198 Main Street
Brewster, MA 02631-3701
(b) Every notice served upon Licensee shall be delivered or sent by certified mail (postage prepaid)
or nationally recognized overnight courier service to the following address or such other address as Licensee
may specify in writing to the Issuing Authority.
Comcast Cable Communications, Inc.
Attn: Government Relations
181 Ballardvale St.
Wilmington, MA 01887
with copies to:
Comcast Cable Communications, Inc.
Attn: Vice President, Government Relations
676 Island Pond Road
Manchester, NH 03109
Comcast Cable Communications, Inc.
Attn: Government Affairs
One Comcast Center
Philadelphia, PA 19103
(c) Delivery of such notices shall be equivalent to direct personal notice, direction or order, and
shall be deemed to have been given at the time of receipt.
SECTION 10.4 - ENTIRE AGREEMENT
This instrument contains the entire agreement between the parties, supersedes all prior agreements
or proposals except as specifically incorporated herein, and cannot be changed without written amendment
signed by the Issuing Authority and the Licensee.
SECTION 10.5 - CAPTIONS
The captions to sections throughout this Renewal License are intended solely to facilitate reading and
reference to the sections and provisions of the Renewal License. Such sections shall not affect the meaning
or interpretation of the Renewal License.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
39
SECTION 10.6 - WARRANTIES
Licensee warrants, represents and acknowledges that, as of the Effective Date of this Renewal License:
(a) Licensee is duly organized, validly existing and in good standing under the laws of the State;
(b) Licensee has the requisite power and authority under applicable law and its by-laws and articles
of incorporation and/or other organizational documents, is authorized by resolutions of its Board of Directors
or other governing body, and has secured all consents which are required to be obtained as of the date of
execution of this Renewal License, to enter into and legally bind Licensee to this Renewal License and to take
all actions necessary to perform all of its obligations pursuant to this Renewal License;
(c) This Renewal License is enforceable against Licensee in accordance with the provisions herein;
and
(d) There is no action or proceedings pending or threatened against Licensee which would interfere
with performance of this Renewal License.
SECTION 10.7 - APPLICABILITY OF RENEWAL LICENSE
All of the provisions in this Renewal License shall apply to the Town, Licensee, and their respective
successors and assigns.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
WITNESS OUR HANDS AND OFFICIAL SEAL, THIS 21st DAY OF JUNE, 2021.
TOWN OF BREWSTER, MA
SELECT BOARD
By: ______________________________
Cynthia Bingham
By: ______________________________
David Whitney
By: ______________________________
Kari Hoffman
By: ______________________________
Mary Chaffee
By: ______________________________
Ned Chatelain
COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC
By:
_____________________________
Trevor W. Arp, Sr. Vice President
Greater Boston Region
#734888v2/BREW/0026
Doc ID: b0d9ce63e3bf9d57542d5421fa1d4e3a41f72d29
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
41
EXHIBIT A
PROGRAMMING
Licensee shall provide the following broad categories of Video Programming:
• News Programming;
• Sports Programming;
• Public Affairs Programming;
• Children’s Programming;
• Entertainment Programming; and
• Local Programming.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/18/2021 – 9/17/2031 (10 yrs.)
42
EXHIBIT B
VIDEO ORIGINATION LOCATIONS
(1) Brewster Town Hall (Hub), 2198 Main Street;
(2) Brewster Ladies’ Library, 1822 Main Street;
(3) Senior Center, 1673 Main Street;
(4) Eddy School, 2298 Main Street;
(5) Stony Brook School, 384 Underpass Road.
Brewster Conservation TrustJohn Wing TrailJanuary 1, 20228:30 am10:30 Lead a nature walkeducational walkxx04-27989311520Brewster Conservation Trust - Dorria Marsh36 Red Top Rd, Brewster, Ma 02631508-694-6720508-694-6720
Archive d: Monday, December 13, 2021 12:02:07 PM
From: Emily Sumner
Se nt: Mon, 13 Dec 2021 16:49:08 +0000Authentication
To: Erika Mawn
Cc: James Jones; Griffin Ryder; Mike Richards
Subje ct: Action item - Christmas Tree Waiver
Se ns itivity: Normal
Good Morni ng,
The DPW i s re que sting that the Sel ect Board approve a fee wai ver for Christmas tre e s through January 17th . This has be e n an annual request.
Thank you,
Emi l y
Emily Sumner
Administrative Supervisor
Town of Brewster
Department of Public Works
Begi nni ng July 6th, Brewster Department of Public Works wi l l be ope n to the public Tuesday, Wednesday, and Thursday from 7:30 to 4:00pm. For the l ate st
updates on Town se rvi ce s, please vi si t www.brewster-ma.gov
Archive d: Wednesday, December 8, 2021 8:59:46 AM
From: Kari Hoffmann
Se nt: Tue, 7 Dec 2021 18:31:30 +0000Authentication
To: Peter Lombardi; Donna Kalinick; Cynthia Bingham
Cc: Erika Mawn; Hal Minis
Subje ct: Appointment Recommendation for Vision Planning Committee
Se ns itivity: Normal
Attachme nts :
Kenney Screening Form.pdf;
Good Afternoon,
As Select Board Liais on to the Vis ion Planning C ommittee, I am happy to recommend Suzanne Kenney for appointment to the Vis ion Planning
C ommittee.
Pleas e s ee the attached Select Board Committee Application Screening Form.
After careful review of her application along with candidate interviews and a convers ation with references, it is evident that Ms . Kenney has relevant
profes s ional experience as well as personal attributes that will be a pos itive addition to the committee.
Pleas e let me know if you have any additional ques tions .
Reg ards ,
Kari
Kari S . Hoffmann
Brewster S elect Board
Town of Brewster
2198 Main S treet
Brewster, MA 02631
FINAL Select Bd Appt Policy; version Oct. 28
Appendix C
SELECT BOARD COMMITTEE APPLICATION SCREENING FORM
Applicant Name Requested Committee
1. TOWN CLERK REVIEW
a. Applicant is a registered Brewster voter: Yes No
b. Date confirmed
2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD
a. Select Board Liaison Applicant Interview:
i. Interviewer name (Select Board Liaison):
ii. Interview date:
b. Select Board Liaison Consultation with Committee Chair:
iii. Committee Chair name:
iv. Consultation date:
v. Did Committee Chair also interview applicant? Yes No
c. Was at least 1 Brewster reference contacted: Yes No N/A
d. Select Board Liaison Recommendation:
i. Recommend appointment.
ii. Recommend appointment to other committee that is a better fit for
applicant qualifications.
iii. Recommend holding application for future opening.
iv. Not recommended.
3. SELECT BOARD ACTION
a. At a Select Board meeting held , the Applicant was appointed to
for a term ending year term.
4. NOTIFICATION OF APPOINTEE AND TOWN CLERK
a. Date notification of appointment sent to appointee and Town Clerk:
FINAL Select Bd Appt Policy; version Oct. 28
Appendix B
Town of Brewster
SELECT BOARD COMMITTEE APPOINTMENT APPLICATION
APPLICANT DIRECTIONS:
x Thank you for your interest in serving Brewster. The Town aims to match applicants
with committee service best aligned to your skills and interests as well as the
committee’s needs.
x The Town may consider the information in this application, any supplemental
information, and any other publicly available information. An appointment to any
committee, board or commission is at the discretion of the Select Board.
x Please complete this form online, or on paper, and submit a résumé if desired to
Erika Mawn, Town Administrator’s Executive Assistant:
o Email: EMawn@Brewster-MA.gov
o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or
o In person: Town Administrator’s Office or drop-box outside Town Hall.
x After your application materials are received, you’ll be contacted regarding next
steps. Vacancies will be filled by applicants deemed best qualified to serve in a
particular capacity, which discretion lies solely with the appointing authority.
Submitting this form does not guarantee appointment.
1. Applicant name:
2. Address:
3. Phone Numbers: Home: Cell:
4. Email:
5. This is an application for: Full member status Alternate status
6. Are you a full-time Brewster resident? Yes No
7. Years you’ve lived in Brewster:
8. Are you registered to vote in Brewster? Yes No
9. Committees you are interested in serving on in order of preference:
a.
b.
c.
NOTE: You may attach a résumé or CV instead of completing items 10-14.
FINAL Select Bd Appt Policy; version Oct. 28
10. EDUCATION. List schools attended, degrees/diplomas/certificates received,
and date of completion.
Name of School
Degree/Diplomas
Certificates
Date of
Completion
11. OCCUPATION: ______________________________________________________
Active Retired Not currently working
12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of
employment for at least previous 3 years.
Name of Employer Job Title Dates of
Employment
13. GOVERNMENT POSITIONS. List any Town of Brewster or other government
volunteer, elected, or appointed positions you now hold or have held.
x
x
x
x
14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that
you belong to or have belonged to in the previous 5 years:
a. Organizations and dates:
15. GOALS: Please explain why you’d like to serve on a particular committee.
16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or
interests you have that would assist you to serve effectively on the committee
you wish to serve on.
17. TOWN EMPLOYMENT: Are you or any member of your immediate family
employed by or receiving financial consideration from the Town of Brewster?
Yes No
18. CONFLICTS OF INTEREST. Do any of your activities or relationships present
the possibility or probability of a conflict of interest if you are appointed?(Does
not automatically disqualify but may need to be disclosed) Yes No
19. LOCAL REFERENCES: Please provide the names and contact information for
references (Brewster residents preferred):
20. ADDITIONAL INFORMATION. Please add any additional information you’d like.
a. Name:
Address:
Phone:
Email:
Relationship to you:
b. Name:
Address:
Phone:
Email:
Relationship to you:
FINAL Select Bd Appt Policy; version Oct. 28
20. SIGNATURE. By signing below, you state that you understand and agree.
x My completion of this form does not guarantee my appointment and my
application will be kept on file for two (2) years.
x If appointed to a position, I will be considered a Municipal Employee under
MGL Ch. 268A and will be subject to:
x Massachusetts Conflict of Interest Law, MGL Ch. 268A;
x Massachusetts Financial Disclosure Law, MGL Ch. 268B;
x Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the
implementing regulations, 940 CMR 29.00;
x Massachusetts Public Records Law, MGL Ch. 66, and the implementing
regulations, 950 CMR 32.00;
x Massachusetts Campaign Finance Law, MGL Ch. 55; and
x Brewster Charter, when in force, and Town bylaws, and all other applicable
federal, state, and local laws or regulations.
x If appointed, I must be sworn in by the Town Clerk before serving, and I will
complete State Conflict of Interest training after appointment, as well as
any other certifications required by law.
x When submitted, I understand that this form becomes a public document.
Signature: Date:
The Commonwealth of Massachusetts
Town of Brewster
To Suzanne Kenney
We, the Selectmen of Brewster by virtue of the authority in us vested by the laws of
the Commonwealth, do hereby appoint you to the:
Vision Planning Committee
for a 3-year term, expiring June 30, 2024
Given at Brewster this 20th day of December 2021
Recorded A.D.
Attest:Town Clerk
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Peter Lombardi, Town Administrator
FROM: Griffin Ryder, Department of Public Works Director
RE: Recommendation for Tree Warden
DATE: December 14, 2021
The Department of Public Works (DPW) Director (formerly Superintendent) has
historically served as the Tree Warden for the Town of Brewster. Most recently, the
former DPW Superintendent, Patrick Ellis, served as the Tree Warden. Mr. Ellis has a
background in horticulture and therefore was an appropriate fit as the Tree Warden. I
have quite a different background in engineering and not horticulture.
Joshua Sargent, a skilled laborer/truck driver with the DPW, has the qualifications, as a
certified arborist, as well as the work experience, having previously worked for a
commercial tree company, to serve as the Town of Brewster Tree Warden. Josh and I
have discussed the Tree Warden position and he is willing to serve in the position for an
annual stipend of $2,500.00 (to be paid out at the end of the year served). The annual
stipend has also been agreed upon with the Service Employees International Union
(SEIU). The stipend for Fiscal Year 2022 will be paid retroactively to July 1, 2021.
Based on Josh Sargent’s qualifications and work experience, I recommend that the
Select Board formally appoint Joshua Sargent, a skilled laborer and truck driver with the
DPW, as the Town of Brewster Tree Warden for a term from July 1, 2021 to June 30,
2024.
Thank you.
Office of:
Department of Public Works
The Commonwealth of Massachusetts
Town of Brewster
To Josh Sargent
We, the Selectmen of Brewser by virtue of the authority in us vested by the laws of
the Commonwealth, do hereby appoint you to the
Tree Warden
for a 1-year term, expiring June 30, 2022
Given at Brewster this 20th day of December 2021
Recorded A.D.
Attest:Town Clerk
The Commonwealth of Massachusetts
Town of Brewster
To Randall Bassett
We, the Selectmen of Brewster by virtue of the authority in us vested by the laws of
the Commonwealth, do hereby appoint you as conditional
Local Inspector
for a 1-year term, expiring June 30, 2022
Given at Brewster this 20th day of December 2021
Recorded A.D.
Attest:Town Clerk
Archive d: Wednesday, December 15, 2021 10:21:06 AM
From: Davis Walters
Se nt: Tue, 14 Dec 2021 15:52:09 +0000Authentication
To: Erika Mawn; Peter Lombardi
Cc: Susan Broderick; Jessica Gelatt
Subje ct: Appointment of Richard Liebowitz as Alternate Inspector
Se ns itivity: Normal
Good Morni ng –
I am wri ting to re que st that our departing Local Bui l di ng Inspe ctor, Richard Li e bowitz, be consi dered for appointment as an Alte rnate Local Bui l di ng Inspe ctor
for the town of Bre wste r.
Richard has me ntioned to me on several recent occasions that he woul d like to become a Brewster Al ternate. I cannot think of a better person to act as an
al ternate for this offi ce .
If approve d, I would l i ke to i nvite Richard back for a hal f or full day to help i ntroduce our newl y hi red Local Inspector to the job wi thin a week or so of the ne w
hire ’s start date .
(Our HR Dire ctor, Sue Broderick, has done a great j ob in getting our new Inspector hi red as qui ckly as possible, but his start date i s falling just afte r Ri chard’s
departure.)
Havi ng a training day i s especial l y i mportant given that the Building De partment wi l l conti nue to be short staffed until a new Se ni or Departme nt Assistant is
hire d.
Havi ng Ri chard trai n the new Inspector will help get him up to speed faster and help keep our busy offi ce moving.
Please let me know immediately if there is anything I ne e d to do to move the appointme nt forward.
Thank you ve ry much for your consi deration.
Regards,
-D av i s
F. Davis W alters
(h i m/h e )
Building Commissioner
Town of Brewster
2198 Main Street
Brewster, MA 02631
(508) 896-3701 ext. 1125
Beginning July 6t h, Brewster T own Offices will be open to the public T uesday, Wednesday , and T hursday from 8:30 to 4:00pm. Beach and Recycle
Permits are not av ailable in person but can be purchased online or through our mail-in program. For the latest updates on T own services, please visit
www.brewster-m a.gov
The Commonwealt h of Massachuset t s Secret ary of Stat e has determined that e-mail is a public record
The Commonwealth of Massachusetts
Town of Brewster
To Richard Liebowitz
We, the Selectmen of Brewster by virtue of the authority in us vested by the laws of
the Commonwealth, do hereby appoint you to the
Alternate Local Inspector
for a 3-year term, expiring June 30, 2024
Given at Brewster this 20th day of December 2021
Recorded A.D.
Attest:Town Clerk
Archive d: Friday, December 17, 2021 8:49:19 AM
From: Peter Lombardi
Se nt: Fri, 8 Oct 2021 17:13:48 +0000Authentication
To: Devane, Tom
Cc: Mostyn, John; Bob Newman; Bryan.Webb@oceanedge.com; Lynn St. Cyr; Erika Mawn
Subje ct: RE: Staff Review Applications for Nickerson Lot Recreation Parking & Ocean Edge Liquor License
Se ns itivity: Normal
Sorry about that – take 2.
Peter Lombardi
Town Administrator
Town of Brewster
508-896-3701 x. 1128
Beginning July 6th, Brewster Town Offices will be open to the public on Tuesdays, Wednesdays, and Thursdays from 8:30 to 4:00pm. Beach and Recycle Permits
are not available in person but can be purchased online or through our mail-in program. For the latest updates on Town services, please visit www.brewster-
ma.gov.
From: Devane, Tom <tde vane@corcoranjennison.com>
Sent: Fri day, Octobe r 8, 2021 1:10 PM
To: Pete r Lombardi <pl ombardi @brewster-ma.gov>
Cc: Mostyn, John <jmostyn@corcoranjennison.com>; Bob Ne wman <robert.newman@oce anedge.com>; Bryan.Webb@oce anedge .com; Lynn St. Cyr
<l stcyr@brewster-ma.gov>
Subject: RE: Staff Re view Appl i cati ons for Nickerson Lot Re creation Parking & Oce an Edge Liquor License
Hi Pete r, we will resubmit the liquor license materi al to Eri ka but I do not see that Eri ka was copi ed on your email. Would you pl e ase se nd us he r e mail
address.
Thanks. Tom
Thomas J. Devane, Jr., Project Director
Corcoran Jennison Company, Inc.
Bayside O ffice Center
150 Mt. Vernon Street, #500
Boston, MA 02125
617-822-7222 (Office)
781-771-5058 (Cell)
tdevane@corcoranjennison.com
From: Pe ter Lombardi <plombardi@brewster-ma.gov>
Sent: Fri day, Octobe r 8, 2021 1:04 PM
To: De vane , Tom <tdevane@corcoranjennison.com>; Lynn St. Cyr <lstcyr@bre wste r-ma.gov>
Cc: Mostyn, John <jmostyn@corcoranjennison.com>; Bob Ne wman <robert.newman@oce anedge.com>; Bryan.Webb@oce anedge .com
Subject: RE: Staff Re view Appl i cati ons for Nickerson Lot Re creation Parking & Oce an Edge Liquor License
Al l ,
Afte r revi e wing the se documents, town counsel has e xpre sse d no conce rns relative to zoning considerati ons since any such uses would be anci l l ary.
Accordingl y, you don’t ne e d to go through Staff Re view f or the proposed l i quor l i ce nse . Pl e ase resubmit the liquor lice nse materi als to my Ex e c Asst, Eri ka
Mawn (cc’ed) so we can arrange to have that taken up agai n by the Se l e ct Board in the ne ar future.
Thank you,
Pete r
Peter Lombardi
Town Administrator
Town of Brewster
508-896-3701 x. 1128
Beginning July 6th, Brewster Town Offices will be open to the public on Tuesdays, Wednesdays, and Thursdays from 8:30 to 4:00pm. Beach and Recycle Permits
are not available in person but can be purchased online or through our mail-in program. For the latest updates on Town services, please visit www.brewster-
ma.gov.
From: Devane, Tom <tde vane@corcoranjennison.com>
Sent: Fri day, Octobe r 1, 2021 8:53 AM
To: Lynn St. Cyr <l stcyr@brewster-ma.gov>
Cc: Pe ter Lombardi <plombardi@brewster-ma.gov>; Mostyn, John <jmostyn@corcoranjennison.com>; Bob Newman <robe rt.ne wman@oceane dge.com>;
Bryan.Webb@oce anedge.com
Subject: RE: Staff Re view Appl i cati ons for Nicke rson Lot Re creation Parking & Oce an Edge Liquor License
Hi Lynn, as re que sted, I have attached our license appl i cati on.
Please let me know if you need anything else.
Thanks. Tom
Thomas J. Devane, Jr., Project Director
Corcoran Jennison Company, Inc.
Bayside O ffice Center
150 Mt. Vernon Street, #500
Boston, MA 02125
617-822-7222 (Office)
781-771-5058 (Cell)
tdevane@corcoranjennison.com
From: Devane, Tom
Sent: Tuesday, Septe mber 28, 2021 3:54 PM
To: Lynn St. Cyr <l stcyr@brewster-ma.gov>
Cc: Pe ter Lombardi <plombardi@brewster-ma.gov>; John Mostyn <jmostyn@corcoranjennison.com>; Robert Newman <Robert.Newman@oce anedge .com>
Subject: Staff Re view Appl i cati ons for Nickerson Lot Re creation Parking & Oce an Edge Liquor License
Hi Lynn, as discussed, I am submitting two Staff Revi e w applications for considerati on. I assume these attached applications are sufficient for Staff Re view?
The De scripti on of Work for the first attached Staf f Re view appl i cati on is for constructi ng a parking lot for recreation use parki ng on a lot adjacent to the
Ocean Edge Mansion parcel . I have also attache d a site plan.
The De scripti on of Work for the second attache d Staff Revi e w application i s for a l i quor l i cense to sell Ocean Edge l abeled wine at the front desk on a retail
basi s to our members and guests.
I will bring in 2 hard copies of each application.
Thanks. Tom
Thomas J. Devane, Jr., Project Director
Corcoran Jennison Company, Inc.
Bayside O ffice Center
150 Mt. Vernon Street, #500
Boston, MA 02125
617-822-7222 (Office)
781-771-5058 (Cell)
tdevane@corcoranjennison.com
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copyi ng, di stri buti ng or taki ng any acti on i n rel i ance on the co n tents of th i s i nform ati on i s stri ctl y prohi bi ted. T he reci pi ent shoul d check thi s em ail a n d any attach m ents for the presence of vi ruses. T he sender
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DISCLAIM ER:
T hi s emai l and any fi l es transm i tted wi th i t are confi denti al and i nte n d e d sol e l y for the use of the i ndi vi dual or enti ty to whom they are addressed. If yo u have re cei ved thi s em ai l i n error pl ease noti fy the
system m anager. T hi s message contai ns confi denti al i nformati o n and i s i nte n ded onl y for the i ndi vi dual nam ed. If you are not the nam ed addressee you sh o u l d n ot di ssem i nate, di stri bute or copy thi s e-m ai l .
Pl ease noti fy the sender i mm edi atel y by e-mai l i f you have rece i ve d th i s e -m a i l by m i stake and del ete thi s e-m ai l from your system. If you are not th e i n tended reci pi ent you are noti fi ed that di scl osi ng,
copyi ng, di stri buti ng or taki ng any acti on i n rel i ance on the co n tents of th i s i nform ati on i s stri ctl y prohi bi ted. T he reci pi ent shoul d check thi s em ail a n d any attach m ents for the presence of vi ruses. T he sender
accepts no l i abi l i ty for any dam age caused by any vi rus transm i tte d by th i s e m ai l .
TOWN OF BREWSTER
Liquor License Hearing
In accordance with MGL Chapter 138, Sections 4-17C, the Brewster Select Board will hold a
public hearing on Monday December 20, 2021, at 6:20pm to review an application from Ocean
Edge Resort Limited Partnership, D/B/A Ocean Edge Inn and Conference Center, located at
2907 Main Street, for an alteration of premises. This hearing will be conducted by remote
participation. To participate in this meeting by phone, please call 312-626-6799 or 301-715-
8592. Webinar ID: 509224. To participate by Zoom webinar, please use this link.
https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09
Passcode: 509224. All interested parties are invited to attend.
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF THE STATE TREASURER
ALCOHOLIC BEVERAGES CONTROL COMMISSION
95 Fourth Street, Suite 3 Chelsea, MA 02150-2358
Jean M. Lorizio, Esq.
Commission Chairman
QUOTA BREAKDOWN
As of: 10/29/2021
Town of: Brewster (0134)
Exemption
Total Available in QuotaFarmer Series PPVets ClubsSpecial LegTotal IssuedAllowed
On Premise Retail
ANNUAL
Exemption
Total Available in QuotaFarmer Series PPVets ClubsSpecial LegTotal IssuedAllowed
Off Premise Retail
AB
WM
WMC
14 0 0 0
0 0 0 0
0 0 0 0
AB
WM
6 0 1 0
1 0 0 0
3
5
14
5
0
5
0
4
On Premise Retail
SEASONAL
Exemption
Total Available in QuotaFarmer Series PPVets ClubsSpecial LegTotal IssuedAllowed
Exemption
Total Available in QuotaFarmer Series PPVets ClubsSpecial LegTotal IssuedAllowed
Off Premise Retail
AB
WMC
WM
AB
WM
0
0
0
0
0
0
0
0
3 0 0 0
3 0 0 0
0 0 0 0
0
0
0
0
0
0
0
0
ABAnnual SECTION 12
Club 3
Hotel/Innkeeper 3
Restaurant 8
ABSeasonal SECTION 12
General On-Premises 1
Restaurant 2
WMSeasonal SECTION 12
General On-Premises 1
Restaurant 2
To: Abutters of 2907 Main Street
To Whom It May Concern:
Please note that Ocean Edge has filed an application with the Board of Selectmen for an alteration of
premises to an existing license. Below is the legal ad that will run in the December 10, 2021 edition of
the Cape Codder Newspaper.
TOWN OF BREWSTER
Liquor License Hearing
In accordance with MGL Chapter 138, Sections 4-17C, the Brewster Select Board will hold a
public hearing on Monday December 20, 2021, at 6:20pm to review an application from Ocean
Edge Resort Limited Partnership, D/B/A Ocean Edge Inn and Conference Center, located at
2907 Main Street, for an alteration of premises. This hearing will be conducted by remote
participation. To participate in this meeting by phone, please call 312-626-6799 or 301-715-
8592. Webinar ID: 509224. To participate by Zoom webinar, please use this link.
https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09
Passcode: 509224. All interested parties are invited to attend.
TOWN OF BREWSTER
Liquor License Hearing
In accordance with MGL Chapter 138, Sections 4-17C, the Brewster Select Board will hold a
public hearing on Monday December 20, 2021, at 6:25pm to review an application from OERGE, Inc.,
D/B/A Ocean Edge Resorts, located at 2907 Main Street, for a new annual Wine and Malt Beverages
package store license. This hearing will be conducted by remote participation. To participate in this
meeting by phone, please call 312-626-6799 or 301-715-8592. Webinar ID: 509224. To participate by
Zoom webinar, please use this
link.https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09
Passcode: 509224. All interested parties are invited to attend.
To: Abutters of 2907 Main Street
To Whom It May Concern:
Please note that Ocean Edge has filed an application with the Board of Selectmen for a new annual wine
and malt package store license. Below is the legal ad that will run in the December 10, 2021 edition of
the Cape Codder Newspaper.
TOWN OF BREWSTER
Liquor License Hearing
In accordance with MGL Chapter 138, Sections 4-17C, the Brewster Select Board will hold a
public hearing on Monday December 20, 2021, at 6:25pm to review an application from OERGE, Inc.,
D/B/A Ocean Edge Resorts, located at 2907 Main Street, for a new annual Wine and Malt Beverages
package store license. This hearing will be conducted by remote participation. To participate in this
meeting by phone, please call 312-626-6799 or 301-715-8592. Webinar ID: 509224. To participate by
Zoom webinar, please use this
link.https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09
Passcode: 509224. All interested parties are invited to attend.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
To: The Select Board as Liquor Licensing Authority
From: Erika Mawn
Date: December 17, 2021
RE: Renewal of Annual Liquor Licenses for 2022
Each year the Alcoholic Beverages Control Commission (ABCC) requires the Town of Brewster
to complete the retail license renewal process. This is a two-step process that first requires the
licensees to apply to renew their license by signing their application before November 30th and
submitting payment to the Town. It is then the Local Licensing Authority’s responsibility to vote
on the renewal of the licenses which are contingent on compliance with all other local permits
and regulations.
All licensees have signed their application in the month of November as required and have
submitted payment for their 2022 license. For those retail establishments that require a
certificate of liability (Hotel/Innkeeper, Club, and Restaurants) we have received the appropriate
documentation.
The Tax Collector’s office has reviewed the financial obligations of each establishment, any
establishment that has outstanding taxes will not have their annual liquor license renewed until
payment is received. The Health Department did not have any concerns with any of the
establishments that they permit. The Police Chief has also reviewed the list of establishments
and there are no concerns at this time. The Building Department is completing their annual
inspections – any establishment that does not pass their annual inspection will not receive their
annual liquor license until cleared by the Building Department.
For any licenses that are approved, the renewal applications and supporting documents will be
submitted to the ABCC by January 17, 2022.
Office of:
Select Board
Town Administrator
RETAIL LIQUOR LICENSE RENEWAL APPLICATION GUIDELINES
Without exception, all annual alcoholic beverages licensees are required to renew their alcoholic beverages license by
November 30th of each year.
All retail license renewal applications must be signed by an authorized corporate officer, individual or partner and filed with
the Local Licensing Authority between November 1st and November 30th. Licensees who are in the process of transferring
their licenses are required to file the renewal application until the transfer has occurred and they are no longer the licensee
of record.
Licensees are responsible for correcting any differences between their files and the ABCC license file on the renewal
application in red ink. An LLA Certification Form / Form 43 verifying these changes have been ABCC approved must be
attached to the license renewal application in order to change the official ABCC license file. Please mail those corrections
along with the renewal packet to the ABCC.
All on-premises M.G.L. c. 138, §12 licensees must provide proof of the required liquor liability insurance and a copy of the
required Fire Safety Inspection Certificate to the Local Licensing Authorities. Please do not forward the Fire Safety
Certificates, Insurance Certificates, or License Certificates to the ABCC. You should keep these forms for your records.
Please mail the completed below form, all completed renewal certificate forms, and any corrective forms to the ABCC no
later than January 17th, 2022 with no staples included.
ABCC
c/o Licensing Department
95 Fourth Street, Suite 3
Chelsea, MA 02150
Any renewal application not signed and filed by November 30th will be treated as a New License.
If renewal application becomes a new license for failure to meet the November 30th signing deadline, it will be subject to all
the procedures set forth under Chapter 138, §15A.
ANY QUESTIONS REGARDING THE ABOVE GUIDELINES SHOULD BE DIRECTED TO HURSHEL LANGHAM AT EXT. 719 or SABRINA LUC AT EXT. 721
Ralph Sacramone, Executive Director
RENEWAL CERTIFICATION 2022
CITY/TOWN:
A. LICENSEES WHO FAILED TO RENEW FOR 2022:
B. LICENSEES DISAPROVED BY THE CITY/TOWN FOR 2022:
We hereby certify that the premises described in the 2022 renewal applications for the above mentioned municipality are now occupied, used or controlled by the licensee and will be on January 1, 2022. The 2021 Renewal Applications have been approved by the Local Licensing Authorities and forwarded to the ABCC.
The Local Licensing Authorities
LICENSE #:
LICENSE #:
LICENSEE CORPORATE NAME AND ADDRESS:
LICENSEE CORPORATE NAME AND ADDRESS:
To Whom It May Concern:
Acting under authority contained in M.G.L. Ch. 138, s17, as amended, our Board at a meeting held on
, estimated that the temporary increased resident population
of , as of July 10, 2022 will be .
This estimate was made and voted upon by us at a meeting called for the purpose, after due notice to each of the
members of the time, place and purpose of said meeting, and after investigation and ascertainment by us of all the
facts and after cooperative discussion and deliberation. The estimate is true to the best of our knowledge and
belief.
The above statements are made under the pains and penalties of perjury.
City / Town:
2022 Seasonal Population Increase Estimation Form
Date:
Alcoholic Beverages Control Commission
c/o Licensing Department
95 Fourth Street, Suite 3
Chelsea, MA 02150
Date of Meeting
City / Town Name
Estimated Population
Very truly yours,
Local Licensing Authorities
This certificate must be signed by a majority of the members of the local licensing authority.
COMMONWEALTH OF MASSACHUSETTS
ALCOHOLIC BEVERAGES CONTROL
COMMISSION
95 Fourth Street, Suite 3, Chelsea, MA 02150
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
To: The Board of Selectman as Liquor Licensing Authority
From: Erika Mawn
Date: December 17, 2021
RE: Motions for Renewal of Annual Liquor Licenses
Suggested motions for 2022 Annual Liquor License renewals:
I move that the Board vote to approve the annual all alcoholic restaurant renewals pending
they pass their annual inspections, have the required liquor liability insurance and all
financial obligations have been paid to the Town:
BandG LLC d/b/a Apt Cape Cod
Veron J Smith d/b/a Brewster Fish House
Brewster Pizza House, LLC
Bow to Stern Ltd, d/b/a Freemans Grill
Brewster El Patron, Inc. d/b/a Island Blue Crab Food & Spirits
Brown Dog Investments, Inc. d/b/a Laurino’s Cape Cod Village
Alexandra and Athanasios Inc., d/b/a Stone L’Oven Pizza
Brewster Inn Inc., d/b/a Woodshed
I move that the Board vote to approve the annual all alcoholic hotel/innkeeper renewals
pending they pass their annual inspections, have the required liquor liability insurance and
all financial obligations have been paid to the Town:
Chillingsworth Inc.
Old Sea Pines Inn Corp., d/b/a Old Sea Pines Inn
Spincape LLC, d/b/a Spinaker
The following motions for renewal of annual package store licenses do not require inspections or
liquor liability insurance.
I move that the Board vote to approve the annual all alcoholic club renewal pending they
pass their annual inspections, have the required liquor liability insurance and all financial
obligations have been paid to the Town:
Brewster Post 9917 VFW of the U.S., Inc. d/b/a Brewster Post #9917 VFW
Ocean Edge Resort Limited Partnership d/b/a Inn Ocean Edge Inn & Conference Center
Ocean Edge Resort Limited Partnership d/b/a Linx Tavern and Bar
Office of:
Board of Selectmen
Town Administrator
I move that the Board vote to approve the annual all alcoholic package store licenses,
pending all financial obligations have been paid to the Town:
Brewster Farms Quick Pik Inc., d/b/a Brewster Farms Quick Pik
Kmkb Inc., d/b/a Brewster Village Marketplace
Brewster Wine & Spirits LLC, d/b/a Brewster Wine & Spirits
Lukes of Brewster Inc., d/b/a Lukes Super Liquors
Checkerberry Inc., d/b/a Millstone Liquors
A Plus Ventures d/b/a Winslow’s Spirits and Things
I move that the Board vote approve the annual wine and malt package store license,
pending all financial obligations have been paid to the Town:
A Rose Realty Inc., d/b/a Ferretti’s Market
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
To: The Select Board
From: Erika Mawn
Date: December 17, 2021
RE: Renewal of Annual Common Victualler’s Licenses, Innholders Licenses, Lodging House
Licenses, New and/or Used Car Dealer Licenses and Livery Licenses for 2022
Each year the Select Board votes to renew licenses to establishments who hold licenses to
conduct business in the Town of Brewster. All licensees have expressed their intention to renew
their licenses and have submitted their renewal fee for 2022. The renewal of annual licenses is
contingent on compliance with all other local permits and regulations.
The Tax Collector’s office has reviewed the financial obligations of each establishment, any
establishment that has outstanding taxes will not have their annual license renewed until payment
is received. The Health Department reviewed the list of establishments and at this time there are
no concerns in renewing any of the licenses that they permit. The Building Department is
completing their annual inspections – any establishment that does not pass inspection will not
have their annual license renewed until the Building Department has signed off on the
inspection.
Office of:
Select Board
Town Administrator
ANNUAL LICENSE HOLDER RENEWALS
FOR 2022
I move that the Board vote to approve renewal of the following Annual Common
Victualler’s licenses, pending all financial obligations have been paid to the Town:
Apt Cape Cod
Breakwater Fish & Lobster
Brewster Fish House Restaurant
Brewster Inn, Inc.
Brewster Pizza House
Brewster Post #9917 VFW
Cafe Alfresco
Candleberry Inn
Cape Cod Ice Cream/Kate’s
Cape Cod National Golf Club
Chillingsworth
Cobie’s
Dunkin Donuts
Eat Cake 4 Breakfast
EL Guapo's Taqueria
Freeman’s Grill
Harbor Lights Mini Golf
Island Blue Crab Food & Spirits
J. T. Seafood Restaurant
Laurino’s Cape Cod Village
Linx Tavern
Ocean Edge Inn & Conference Center
Old Sea Pines Inn
Sea Meadow Inn
Snowy Owl
Spinnaker
Stone L’Oven Pizza
I move that the Board vote to approve renewal of the following Innholder’s licenses,
pending all financial obligations have been paid to the Town:
Brewster by the Sea
Candleberry Inn
Chillingsworth, Inc.
Michael’s Cottages
Ocean Edge Inn and Conference Center, Inc.
Old Manse Inn, Inc.
Old Sea Pines Inn
Pepper House Inn
Sea Meadow Inn
Spinaker
I move that the Board vote to approve renewal of the following Lodging House licenses,
pending all financial obligations have been paid to the Town
Captain Freeman Inn
The Ruddy Turnstone
I move that the Board vote to approve renewal of the following Used Car Dealers Licenses,
pending all financial obligation have been paid to the Town:
Don’s Auto Cosmetics – Class II
Bola Talabi – Export Only – Class II
I move that the Board vote to approve renewal of the following Livery License, pending all
financial obligations have been paid to the Town:
Cape Cod Patient Transport, LLC d/b/a Prime Medical Transport
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
To: The Select Board
From: Erika Mawn
Date: December 17, 2021
RE: New Common Victuallers License- The Kitchen Café
The Kitchen Café located at 2671 Main Street is applying for an annual Common Victualler
License. The new owners, Jayme Valdez and Danielle Panzica have submitted their application
along with the required documentation needed for review and approval. The following
departments have also reviewed the application and have provided the following feedback:
Building Department-They are all set with their department requirements.
Health Department-All pre-operational inspections have been completed and their 2021
Food Service Permit has been issued. There are no outstanding issues, we wish them the
best with their new endeavor.
Fire Department-No comments concerning the license application.
Police Department-No issues from the PD.
Town Administration Office- No concerns.
Planning Department - The applicants received approval from the Planning Board on
August 11, 2021, to use a food trailer on site for limited food service use accessory to the
principal restaurant use. Special Permit & Site Plan Waiver Approval #2021-09 is
included for reference. The Planning Department has no further comments.
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
TOWN OF BREWSTER
PUBLIC HEARING
Freemans Way
VERIZON NEW ENGLAND, INC. and NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENGERY request
permission to locate poles, wires, cables, and fixtures including the necessary anchors, guys and other such
sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across
the following public way or ways: Freeman’s Way: To place one (1) jointly owned pole, 118/49.5, and push-
brace, 118/49.5PB on the southwest side of Freeman’s Way, at #1000. Necessity, new equipment requested
by Eversource Energy. A virtual public hearing on the petition will be held on Monday, December 20, 2021
at 7:00pm. Any interested parties are welcome to attend this hearing by joining: Phone: Call (312) 626 6799
or (301) 715-8592. Webinar ID:890 9291 0526 Passcode: 509224
To request to speak: Press *9 and wait to be recognized.
ZoomWebinar: https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09
Office of:
Board of Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
To: Abutters of Freemans Way
From: Brewster Select Board
As an abutter to Freemans Way, we wish to inform you of the following public hearing:
TOWN OF BREWSTER
VIRTUAL PUBLIC HEARING
VERIZON NEW ENGLAND, INC. and NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENGERY request
permission to locate poles, wires, cables, and fixtures including the necessary anchors, guys and other such
sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the
following public way or ways: Freeman’s Way: To place one (1) jointly owned pole, 118/49.5, and push-brace,
118/49.5PB on the southwest side of Freeman’s Way, at #1000. Necessity, new equipment requested by
Eversource Energy. A virtual public hearing on the petition will be held on Monday, December 20, 2021 at
7:00pm. Any interested parties are welcome to attend this hearing by joining: Phone: Call (312) 626 6799 or
(301) 715-8592. Webinar ID:890 9291 0526 Passcode: 509224
To request to speak: Press *9 and wait to be recognized.
ZoomWebinar: https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09
Office of:
Board of Select Board
Town Administrator
Tee Time Allocation Alternative
The CCMGA (Captains Course Men’s Golf Association) has been closely following the actions
of the Golf Commission and reporting to our membership throughout this process. We currently
have 160 members in our association.
While we anticipated the Golf Commission’s rate increase proposal, we were not expecting the
change in the long-standing tee time allocation formula.
We’ve had only a short period of time to create this rebuttal prior to the Select Board meeting on
December 20, 2021. We apologize if this narrative is difficult to digest, but it is indeed a
complex topic with many moving parts. If you have any questions, we would be happy to
answer them at your meeting on December 20, 2021 or in advance of the meeting.
The following is divided into three sections.
1.Facts. This is the set of facts that are pertinent to the topic.
2.Why should Capital not be included in the formula?
3.Recommendations from the CCMGA Board of Directors.
1. Facts
1 The Golf Commission issued a “freeze” on any new Non-Resident memberships effective
October 12, 2021 because there are too many members with access to early tee times.
2 The Golf Commission proposed new member rates (also known as Annual Fee Player rates)
as follows:
Resident Increase Non-Resident Increase
Early (before 9am)$1,250 18.7%$2000 14.2%
Charter n/a 1,735 14.1%
Morning 950 8.3%n/a
Twilight 520 11.1%770 10.0%
Collegiate 450 10.6%650 11.1%
Junior 225 10.3%320 9.6%
Page 1 of 5 December 17, 2021
Tee Time Allocation Alternative
3 These rate increases are consistent with the recommendation of the 2021 National Golf
Foundation Report entitled “Facility and Operations Review of the Captains Golf Course“. On
page 42 of the NGF Report, they write:
On a per round basis, members paid around $25.86 per round for green fees (2019)
compared to an average of $48.45 for daily fee players. This represents a discount of
about 47% for members compared to the 25% to 35% discount that is the target for public
courses operating with memberships.
In order to bring the 47% discount down to the upper 35% target that was specified in the report,
you would need to increase the revenue generated per round. If members paid around $31.50
per round instead of $25.86, then the discount would be 35%. This would represent an increase
of 21.8%.For an early resident, that would increase the current $1,053 to $1,282. For a
non-resident, that would increase the current $1,752 to $2,134.
4 The Golf Commission voted 6-1 to change the current tee time allocation formula, which has
been in place since the Select Board approved it on September 27, 2010, as follows (bold text
represents the added language from the current tee time allocation formula):
The Golf Commission may adjust the ratio of AFP tee times to DFP tee times after the
number of AFPs is known and the amount of membership revenue that has been
collected is known. At no time shall the percentage of AFP tee times be lower than the
AFP membership revenue divided by the budgeted golf course expenses.Expenses are
defined as including the five (5) year average of anticipated capital expenditures.
This five (5) year average will be calculated using the current fiscal year and the
following four (4) fiscal years.
5 The Select Board on July 12, 2021 voted to honor the existing tee time allocation formula that
was promised to the members and set the 2021 allocation to 35.8%.This equated to 55
member tee times per day.
6 The Golf Commission’s proposed formula has a projected tee time allocation of 34.1%.This
equates to 53 member tee times per day. They used AFP Revenue projection of $1,450,859
(reflects rate increase and a 5% loss of membership revenue), Budgeted Golf Course Expenses
of $3,668,072 (which is a 3.0% increase of the FY21 budget), and 5-year average Capital of
($585,044).
7 If the Select Board were to adopt the rate increase and the modification to the tee time
allocation formula, this would represent an average 14% rate increase for members and a loss
of 8 member tee times per day when compared to the current tee time allocation formula.
Page 2 of 5
Tee Time Allocation Alternative
2. Why should Capital not be included in the formula?
Since the Golf Commission added Capital costs to the formula, we would like to address that
concern.
The existing tee time formula doesn’t include capital because the Town previously had a
separate account that funded all capital. The Golf Cart Receipts Reserved for Appropriations
Account (GCRRA) was funded by 100% of all golf cart receipts and all capital was paid for from
this account. The account was eliminated several years ago when accounting was changed to
a Special Revenue Fund. In spite of this change, the cart receipts are still large enough to cover
projected 5-year average capital costs.
Every town department submits an operations budget and a separate capital request. These
two items are voted separately at Town Meeting.
Golf Course Capital is funded from Retained Earnings. Capital cannot even be voted upon
unless there is money in retained earnings in advance of the vote.
If you are going to add Capital to the formula’s denominator, then it is only reasonable that
member cart revenue be added to the numerator.
The Golf Commission’s packet provided another tee time allocation formula that included
“member cart revenue” in the numerator. This resulted in a 40.55%allocation or 62 member
tee times. This is even higher than the existing formula because members contributed
$270,627 in cart revenues which accounts for 46%of the 5-year average capital costs.
In addition, revenue is derived from other sources that are also not included in the existing
formula for simplicity such as driving range revenue, restaurant rent, and pro shop profits. All of
these are positively affected by members.
Finally, by including Capital in the denominator, there is an unintended incentive for members to
want to reduce this number to increase their own tee times. The Captains Golf Course needs
these members to vote at Town Meeting to approve these capital items. The vast majority of the
2021 NGF Report was dedicated to the long list of important capital improvements required for
long-term sustainability of the operations at Captains.
Page 3 of 5
Tee Time Allocation Alternative
3. Recommendations
We believe that the proposed rate increases are justified and appropriate.
2021 NGF Report on page 10 states (bold emphasis added):
[The Captains should] fund all needed improvements using earnings retained from golf
operations revenue, mindful of the reality that some larger projects like irrigation and
maintenance facility improvements may be too large and will require separate Town
funding.
The Town doesn’t have any desire to separately fund golf as stated by the NGF Report, nor do
we think this is necessary. By raising rates for both members and daily fee players to cover the
actual costs of doing business, Captains should be able to be completely self funded.
The CCMGA Board agrees with Director of Operations, Jay Packett, and his justification for
raising rates substantially this year. At the Golf Commission’s meeting on October 26, 2021 (at
1:02:00 in the video), Jay said “I can’t even count on my two hands how many times I’ve heard
the statement from early morning residents from Brewster stating, ‘I’m willing to pay for the
premium tee times.Bump the price up and I’m going to pay it so I can have access to those
times’.
Although the Golf Commission eventually lowered Jay’s initial rate increases, the justification for
those rate increases continued to be used by the Golf Commission. The current tee time
allocation formula allocates member tee times based on the percentage of the expenses that
the members cover. Using the current formula and the Golf Commission’s projections in “Fact
6”, this would yield a tee time ratio of 39.6%which equates to 61 member tee times.
We believe that the existing tee time allocation formula should continue to
be used.
Changing the tee time allocation formula as proposed by the Golf Commission completely
negates the initial justification for raising rates that began months ago.We find it
unreasonable for you to ask us to pay an average 14% rate increase while losing eight
member tee times.
Page 4 of 5
Tee Time Allocation Alternative
In Summary
We recommend that the Select Board
1.Approve the Golf Commission Rate increases
2.Reject the change to the tee time allocation formula.
At the very least, please refer this matter back to Jay Packett, Director of Operations and the
Golf Commission for additional study based on the feedback from the Select Board.
Sincerely,
Captains Course Men’s Golf Association Board
Rob Harris, President
Ken Eisner, Vice President
Emile Poirier, Treasurer
Chris Chapin, Secretary
Dave Cockcroft
Jim Coleman
Bob Emack
Rob Faletra
Michael Moore
Orin Segall
Paul Shorthose
Page 5 of 5
A Brief History of Tee Time Allocations
Rob Harris
April 2021
The first 18 holes were built in 1985. The second eighteen holes in 1999 doubled the number of tee times
available. The tee times are allocated with a larger percentage on the member course, and a smaller
percentage on the non-member course. The member course alternates between Port and Starboard each
week of the year.
My direct knowledge of tee times began in 2007 when the member course had allocated 50% to members
and the non-member course allocated 20% to members. The 50% allocation was every other tee time all
day. The 20% allocation was every other tee time until the quota was reached. The 20% tee times were
changed around 2009 to be one out of every five tee times to equally distribute member tee times throughout
the day.
In September of 2010, The Golf Commission voted unanimously to request approval for adding the following
language to the Golf Commission Policy Handbook. The Select Board voted 4-1 to approve this addition on
09/27/2010. The following was included in the Select Board’s packet that day:
C. Tee Times and Reservations
1. AFP Tee Times:
m) The Golf Commission may adjust the ratio of AFP tee times to DFP tee times after the
number of AFPs is known and the amount of revenue that has been collected is known. At no
time shall the percentage of AFP tee times be lower than the AFP revenue divided by the
budgeted golf course expenses.
Currently, the AFPs receive 50% of the tee times on one course and 20% of the tee times on the other course.
Although the number of AFPs has been in general decline for the last few years, and the relative revenue
contribution of AFPs has declined, the number of tee times dedicated to AFPs have remained constant.
This policy change is not meant to punish the membership, but rather attempts to recognize that number of tee
times needed depends on the number of members. It is impossible to set this ratio in advance of the golf
season since the Commission cannot know how many members will sign up in the following year. This system
protects the golf course from having to give a constant number of tee times when facing a declining
membership. However, the members deserve to know that they will have access to the course before paying
their fees. This ratio method protects the members by guaranteeing a minimum ratio of tee times.
After this formula was adopted, the Golf Commission lowered the 2011 member allocation to 31.25% of all
tee times. This was accomplished by allocating 50% of tee times on the member course (every other tee
time), and 12.5% on the non-member course (one out of every 8 tee times). The member course has
remained at 50%, and the non-member course ratio has been adjusted by the Commission over the years.
Currently, the non-member course is 20% M-F, and 12.5% on Sat/Sun.
The key formula is
𝑀𝑑𝑙𝑎𝑑𝑟 𝑇𝑑𝑑 𝑇𝑖𝑙𝑑 𝑅𝑎𝑟𝑖𝑙 >= 𝑀𝑑𝑙𝑎𝑑𝑟 𝑅𝑑𝑟𝑑𝑙𝑟𝑑 ÷ 𝐵𝑟𝑑𝑑𝑑𝑟𝑑𝑑 𝐺𝑙𝑙𝑑 𝐸𝑥𝑙𝑑𝑙𝑟𝑑𝑟
This year has seen 117 new members through the end of March 2021. Member revenue will likely increase
this year as a result of current economic and health factors.
has also increased to $3,561,235 (FY22) from $3,370,221 (FY21). Note that this𝐵𝑟𝑑𝑑𝑑𝑟𝑑𝑑 𝐺𝑙𝑙𝑑 𝐸𝑥𝑙𝑑𝑙𝑟𝑑𝑟
does not include capital expenses or debt service which are intended to be paid for out of profits or retained
earnings.
Calendar Year Member Revenue Budgeted Expenses Minimum Member Tee
Time Ratio
2020 (FY21)$1,061,649 $3,370,221 31.5%
2021 (FY22)⚑$1,047,175 $3,561,235 ⚑29.4%
⚑Revenue as of April 22, 2021, but it is too early to predict the member revenue for the calculation.
This calculation gives the Golf Commission a minimum number of tee times that must be allocated to the
members. It would be within current policy to allocate more than this minimum number of tee times to
members.
What is a tee time worth?
It has been the working assumption of the golf operations that the golf season on Cape Cod consists of
approximately 100 days of peak golf revenue generating days.This is everyday in July and August, plus
Friday through Sunday in May, September, October.
The morning daily fee rate in July/August is $74 ($77 earlier) plus $23 for a cart comes to about $100. A
foursome of cart-riding golfers is worth $400. A single early morning tee time can generate approximately
$40,000 over that 100-day season. Rainy days limit the ability to achieve this amount, but likewise, members
don’t want rainy tee times either. Golf rates are lower later in the day, but the majority (~80%) of members
have paid for morning tee times.
How many tee times are allocated to members?
The distribution of tee times on the member course varies based on the day of the week.
On Saturday and Sunday, the first 2 hours of tee times are reserved for members (6:00am - 8:00am),
followed by two hours of guest times (8:00am - 10:00am), then alternating after 10:00am.
On Tuesday and Wednesday, the Women’s 18-Hole Association and the Men’s Golf Association have the
first 2 hours of tee times (6:30am-8:30am), followed by two hours of daily fee times, then alternating after
10:30am.
On Thursday mornings, the Women’s 9-Hole Association has all of the back-nine tee times on both courses.
On Monday,Thursday, and Friday, tee times on the member course alternate throughout the day to
achieve the 50% allocation.
Tee times start from 6:30am weekdays (6:00am on weekends) with 9 minute intervals. There are 2½ hours
of tee times before 9:00am. These tee times can only be used by members with the “Early” memberships.
With 50%/20% allocation on Mon/Thu/Fri, there are 14 tee times prior to 9am each day, and 18 tee times on
Tue/Wed, and 16 times on Sat/Sun. This supplies tee times to 440 golfers before 9pm each week. In 2020,
we had 537 members with access to these 440 slots, so an early member should get a “before 9am” tee time
approximately once every 8.5 days.
There are only 55 tee times for an entire 6am-6pm day in the summer allocated to members of all categories.
Let’s do the math… 55 tee times x 4 golfers x 7 days = 1540 member tee times each week. There were
1063 members last year, so a member should get a tee time approximately once every 5 days on average.
Some of our members play many more rounds, therefore some of our members play many fewer rounds.
Tiered Membership Categories
Today, we have a tiered membership model — Early (before 9am), Morning & Back 9 (after 9am), Twilight.
When the tee time allocation formula was adopted in 2010, there was only a single membership category and
all members could book into any available tee time. Roughly, 20% of all members are in the Morning
category, and 20% of are Twilight Members.
Morning members can play after 9am. There are 275 member tee times each week after 9am which is
enough supply for 1100 golfers. In 2020, there were 220 Morning members plus the 537 Early members
could play in these slots as well (although 63 of them will play before 9am on average). After more math, we
get that a Morning member can expect to get a tee time approximately once out of every 5 days.
Twilight members can play after 3pm in the summer months. I’ll skip the details, but there are 98 tee times
after 3pm each week which is enough for 392 golfers. In 2020, there were 231 twilight members. If every
twilight member requested a tee time everyday they should expect to get a tee time once every 4 days.
However, all membership categories are able to book into these twilight times so there is additional
competition for these times.
The Golf Commission’s recent decision to assign ½ Chelsea points to back-9 and twilight play will provide
equitable access for twilight members so that a few twilight members do not monopolize all of the tee times.
This has been shown to provide equity within the Early and Morning categories.
Comparison to Private Golf Course Membership Levels
Captains is not a private golf course. A typical private golf course limits its membership to 300 members per
18-holes. The private member pays for their share of the golf expenses in exchange for privileges at the
course. Every member of a private course could in theory play every day. The cost per member would be
around $6000 based on our expense levels. Based on our tee time allocation and the number of members, it
would be like a private course having 1700 members instead of 300.
Chelsea Points System
The points system ensures equity in tee time assignments for members. Members who play infrequently are
able to get their desired tee times, while high volume players get tee times when excess availability exists.
Prior to 2020, there were a substantial number of unused tee times. The avid golfer was able to access these
unused times at 8pm the night before. This kept everyone happy. Then a global pandemic created
unprecedented demand for golf as a “safe activity”. The pool of unused tee times dried up and the avid
golfer lost their ability to get great tee times. If this demand continues remains to be seen as we transition to
a “new normal” in a post-vaccine world.
Balancing Act
The Golf Commission will have to weigh the member tee time demands against the need to generate
sufficient revenue to cover all expenses. Hopefully you will find this information helpful in your process.
Cape Light Compact
Update 2022-2024
Energy Efficiency Plan
UpdateYour Trusted, Local Energy Resource
Brewster
Board of Selectmen
December 20, 2022
Multiple Directives and Priorities
•Massachusetts General Laws - Directives
•1997 Restructuring Act - Municipal Aggregator
•2008 Green Communities Act
•2018 Amendments to the Green Communities Act
•2020 Climate Act
•Priorities
•Cape Light Compact Governing Board
•Massachusetts Energy Efficiency Advisory Council
•Statewide Program Administrators
Massachusetts Climate Policies
Requires Executive Office of Energy & Environment (EEA) to set Greenhouse Gas (GHG) emissions reduction goals for Cape Light Compact Energy Efficiency programs
An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy (Climate Act)
Requires the electrification of:
1 million homes by 2050
300 to 400 million sq. ft. of commercial building space
Clean Energy and Climate Plan (CECP)
Scenarios: GHG Reductions
•Secretary Theoharides’ allocation of GHG reductions assigned 70% to residential and 30% to
C&I. Program Administrators (PA) allocated GHG goals amongst PAs.
•Negotiations among PAs and stakeholders resulted in shifting 30,000 metric tons from
electric PAs to gas PAs. Sector-specific allocations were not re-determined.
•The Compact assumed the same total allocation (4.8%) as used in the original goal.
•The Compact’s aggressive residential heat pump goals resulted in a higher proportion of the
GHG goal achieved through residential programs.
•The Compact expects to achieve almost 150% of its estimated allocated GHG goal.
The original allocation % is
based upon customer
counts for PAs as a proxy,
but it should be noted that
the EEA did not establish
the allocation factors.
Energy Efficiency Advisory Council (EEAC) Key Priorities
Equity
• Targeting Moderate Income (61%-80% of State Median Income)
• Increasing Participation for Customers with Limited English Proficiency
Strategic Electrification
• Focus on Delivered Fuels and Greenhouse Gas Reductions
• Cold Climate Heat Pump Goals for residential and commercial sectors
Workforce Development
• Clean Energy Pathways - Administered by Community Based Organizations (CBO)
• Paid internship program – Pairs participants with local vendors
• One program in Compact service territory: Focus on HVAC or Insulation
CLC Board Priorities
Up to 100% incentives for:
• municipal customers
• small non-profits
• small and micro businesses
Moderate and income eligible multifamily new construction:
•100% incentives for weatherization above code
•80-100% incentives for non-fossil fuel heating
systems
• up to $60K for engineering study
Cape & Vineyard Electrification Offering (CVEO)
Heat Pumps
Convert oil, propane, electric resistance heat to cold climate heat pumps
Convert oil, propane, electric resistance heat to cold climate heat pumps
Solar
Install Solar PV systems to support electrification of heating system and reduce GHG emissions
Install Solar PV systems to support electrification of heating system and reduce GHG emissions
Batteries
Install battery storage for demand response
Install battery storage for demand response
Objectives:
•250 total non-gas heated participants, tiered
services by income: IE (up to 60%), MI (61-80%)
•Enhanced incentives for all three measures for
customers below 81% of State Median Income
DPU Order recently rejected the CVEO
offering for 2019-2021. CLC Board voted
to appeal this decision.
Proposed Budget
•Proposed budget includes Board direction to reduce heat pumps by 20% and remove oil and propane heating
system incentives for Residential Market Rate customers.
•Results in budget reductions of $810k in 2022, $1.1M in 2023 and $1.6M in 2024.
•QC since the 10/14 version of the plan, plus the Board’s direction, result in Residential budget reductions of
$3.6M and C&I budget increases of $8M (Heat Pumps and electrification projects).
Residential Bill Impacts
•The Energy Efficiency charge on the current bill represents 11.1% of the total bill.
•The Energy Efficiency charge on the 2022 bill represents 15.9% of the total bill.
•Assumes average monthly usage of 650 kWh.
Current Bill 2022 Bill
Supplier (NEXTERA ENERGY SERVICES)Supplier (NEXTERA ENERGY SERVICES)
Generation Service Charge 650 kWh X 0.10743 $69.83 Generation Service Charge 650 kWh X 0.10743 $69.83
Subtotal Supplier Services $69.83 Subtotal Supplier Services $69.83
Delivery Delivery
Customer Charge $7.00 Customer Charge $7.00
Distribution Charge 650 kWh X 0.07035 $45.73 Distribution Charge 650 kWh X 0.07035 $45.73
Transition Charge 650 kWh X -0.00117 -$0.76 Transition Charge 650 kWh X -0.00117 -$0.76
Transmission Charge 650 kWh X 0.03524 $22.91 Transmission Charge 650 kWh X 0.03524 $22.91
Revenue Decoupling Charge 650 kWh X 0.00299 $1.94 Revenue Decoupling Charge 650 kWh X 0.00299 $1.94
Distributed Solar Charge 650 kWh X 0.00123 $0.80 Distributed Solar Charge 650 kWh X 0.00123 $0.80
Renewable Energy Charge 650 kWh X 0.00050 $0.33 Renewable Energy Charge 650 kWh X 0.00050 $0.33
Energy Efficiency 650 kWh X 0.02829 $18.39 Energy Efficiency 650 kWh X 0.04312 $28.03
Subtotal Delivery Services $96.33 Subtotal Delivery Services $105.97
Total Cost of Electricity $166.16 Total Cost of Electricity $175.80
Bill Impacts – Residential
Reducing heat pumps by 20% and removing residential market rate fossil fuel heating
system incentives results in:
•Monthly bill impact savings of $0.52 in 2022, $0.70 in 2023 and $1.04 in 2024.
•Average monthly usage was increased from 530 kWh to 650 kWh.
Bill Impacts – Income Eligible
There was no change in the bill impact for income eligible customers as a result of
reducing heat pumps by 20% and removing residential market rate fossil fuel heating
system incentives.
Bill Impacts – C&I
C&I changes due to QC results in an $8M increase over the term, relative to the October 14
Board meeting.
Monthly bill increases range by year:
•2022: $0.27 to $7.24
•2023: $0.76 to $20.63
•2024: $2.03 to $54.86
2022-2024 Plan - October 14 Board meeting
2022 $0.01694 +x =$7.78 46%=$209.95 46%
2023 $0.02507 +x =$11.03 107%=$297.76 107%
2024 $0.02309 +x =$10.24 92%=$276.37 92%
Years EERF Energy
Conservation
Avg. Monthly
Usage (kWh)
Total Cost
(per month)
% Change from
2021
Avg. Monthly
Usage (kWh)
Total Cost
(per month)
% Change from
2021
2021 In effect
2021 $0.01085 + $0.00250 x 400 =$5.34 10,800 =$144.18
2022-2024 Proposed Plan, CVEO removed
2022 $0.01761 +x =$8.04 51%=$217.19 51%
2023 $0.02698 +x =$11.79 121%=$318.38 121%
2024 $0.02817 +x =$12.27 130%=$331.24 130%
Power Supply Rates: Dec ‘21 – June ‘22
Residential Commercial Industrial
Dec '21 - Jun '22 Dec '21 - Jun '22 Dec '21 - Mar '22
CLC Standard 14.699 14.499 18.000
Local Green 50%15.999 15.799 19.300
Local Green 100%18.299 18.099 21.600
Eversource 15.735 14.732 25.320
January ‘21 start CLC
Standard Eversource
Cents/kWh rate 11.85 11.795
Res Avg Bill (in $) 138.41 137.77
December ‘21 start CLC
Standard Eversource
Cents/kWh rate 14.69 15.735
Res Avg Bill (in $)171.68 183.78
Comparison of Last Winter to This Winter
Thank You!
www.CapeLightCompact.org
Energy Efficiency: 1-800-797-6699
Power Supply: 1-800-381-9192
1
Erika Mawn
From:Goldstein, Ronit <ronit.goldstein@eversource.com>
Sent:Tuesday, December 7, 2021 10:42 AM
To:Amy Handel; Donna Kalinick; Griffin Ryder; Heath Eldredge; James Jones; Kevin Varley; Peter
Lombardi; Robert Moran; ryoungredirect; Susan Broderick
Subject:Winter Energy Prices- January Increase
Follow Up Flag:Follow up
Flag Status:Flagged
Global Supply Demands Driving Energy Price Increase
I want to inform you that this year, the cost of natural gas and electricity and all other home heating fuels will be higher this
winter for people across the state including Eversource customers due to increased global demand for natural gas and
electricity.
Eversource has filed with state regulators, the new costs associated with the delivery of electricity to customers, and the cost of
energy supply (Basic Service rate*). These adjusted costs will be applicable to customer bills beginning January 1, 2022 and will
be in place through June 30, 2022.
On January 1, the average Eversource residential customer using 500 kWh per month will see a 25% increase on their total bill
beginning January as compared with their December bill. The major driver behind this increase is the cost of energy supply
(Basic Service rate). Bill amounts largely depend on energy use, the type of rate class a customer is on, and weather conditions.
*The Basic Service rate is adjusted twice annually, and the company makes no profit from it.
Eversource is Encouraging Customers to Take Steps Now to Lower Their Energy Use and
Bill This Winter
These steps include:
Whether you own or rent, keep your home comfortable while saving energy and money with a no-cost Home Energy
Assessment . Customers can receive money-saving rebates, expert home improvement advice, and energy-saving
tips. Cape Cod residents should visit capelightcompact.org.
Seeing how the weather impacts their bill and how small adjustments to their thermostat can help them save with our
Heating Cost Calculator. Cape Cod residents should visit capelightcompact.org.
Equalizing monthly energy bills to avoid seasonal spikes with Budget Billing.
Even if customers have never needed help before, they may now qualify for special programs to help
lower their monthly bill, reduce a past due balance, or extended payment plans.
Thank you for your consideration, and please contact me if you have any questions.
Ronit
Ronit Goldstein
2
Community Relations and Economic Development
Cell: 617-966-8459
247 Station Drive, Yarmouth
Westwood, MA 02090
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Energy disclaims all liability for any resulting damage, errors, or omissions.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: Updated Proposed Charges for Sea Camps Planning Committees
DATE: December 17, 2021
Following up on the Board’s discussion on this at your November 29 meeting, I have
made a series of revisions to my initial proposals regarding the composition of the two
new Sea Camps advisory committees. I have also provided additional details regarding
the charges for these committees.
Bay Property Planning Committee (BPPC)
1.Purpose:
a.Identify existing conditions of the former Cape Cod Sea Camps Bay
property
b.Evaluate potential low-cost, short-term public access opportunities
c.Develop and propose interim public access pan
d.Develop and implement a public engagement strategy to ensure broad
community input
e.Determine priority long-term uses appropriate for the Bay property, taking
the adjacent Spruce Hill property into consideration
f.Identify and evaluate potential partner organizations with shared interests
and values
g.Propose recommended long-term uses and partnerships
h.If recommended long-term uses include construction of a community
center and/or Town offices, evaluate alternative uses of Council on Aging
site, Town Hall, and Eddy School as appropriate
i.Develop an implementation plan for the proposed uses
2.Strategies:
a.Actively engage the public and stakeholders
b.Provide residents with regular updates regarding progress and milestones
c.Consider a range of interests, needs, ages, and abilities
d.Collaborate with design professionals to develop and present a
comprehensive plan to the Select Board and Town Meeting
Office of:
Select Board
Town Administrator
i.Consider Brewster’s key strategic planning documents (Vision Plan,
Open Space and Recreation Plan, Coastal Resource Management
Plan, Housing Production Plan, and others)
ii.Incorporate maintenance, safety, and legal requirements
iii.Identify estimated one-time project costs, ongoing operating
expenses, funding sources, and timelines, incorporating prudent
financial practices
3.Composition: Eleven (11) total members, including
a.Two (2) representatives from Select Board (Select Board Chair shall not be
eligible)
b.One (1) representative from each of the following committees: Vision
Planning Committee; Natural Resources Commission; Recreation
Commission
c.Six (6) at-large members (may be part-time residents)
d.Term: One (1) year, subject to annual reappointment; first term through
June 30, 2023
e.Officers: Committee shall initially and annually thereafter elect a Chair,
Vice Chair, and Clerk; Chair position shall not be held by a Select Board
member; Chair and Vice Chair will meet on quarterly basis with their
counterparts on PPPC to ensure coordination
f.Liaisons (non-voting): Finance Committee; Open Space Committee;
Council on Aging; Affordable Housing Trust; Cultural Council
g.Representatives (non-voting): MA Audubon & YMCA Cape Cod; other
organizations such as Brewster Conservation Trust, Trustees of
Reservations, etc may be included as needed
h.Lead Town Staff Support: Town Administrator; other Department Heads
as needed
4.Appointment Process:
a.Notice soliciting letters of interest from residents will be posted on Town
website – due January 21, 2022
b.Residents seeking to serve as at-large members will be asked to complete
new Board/Committee application form
c.Members of representative committees will be asked to submit letters of
interest
d.Select Board members appointed to serve on PPPC will individually vet all
applicants (at-large and representative members) and then make their
recommendations to the full Board in February
e.Select Board are anticipated to make all appointments by the end of
February
f.Committees and outside organizations may identify their own
liaisons/representatives
5.Selection Criteria:
In addition to the criteria outlined in the Select Board’s recently revised Board &
Committee Appointment Policy, Select Board members will also take into account
the following criteria in selecting members to serve on this committee:
a.Record of effective teamwork ability; able to collaborate well with others
to achieve common goals
b.Experience in community planning, municipal activities, project
management, equity and inclusion, conservation/environment, park
management, sustainability, historic preservation, recreation, public
finance, (landscape) architecture, youth services, human services,
engineering, community housing, and/or law
c.Excellent written and verbal communication skills
d.Previous volunteer service
e.Sufficient time to actively participate in meetings and take on tasks
outside of meetings
Pond Property Planning Committee (PPPC)
1.Purpose:
a.Identify existing conditions of the former Cape Cod Sea Camps Pond
property
b.Evaluate potential low-cost, short-term public access opportunities
c.Develop and propose interim public access pan
d.Develop and implement a public engagement strategy to ensure broad
community input
e.Determine priority long-term uses appropriate for the Pond property,
taking the adjacent Long Pond Woodlands (Robinson) property into
consideration
f.Identify and evaluate potential partner organizations with shared interests
and values, particularly MA Audubon and Brewster Conservation Trust
g.Propose recommended long-term uses and partnerships
h.Develop an implementation plan for the proposed uses
2.Strategies:
a.Actively engage the public and stakeholders
b.Provide residents with regular updates regarding progress and milestones
c.Consider a range of interests, needs, ages, and abilities
d.Collaborate with design professionals to develop and present a
comprehensive plan to the Select Board and Town Meeting
i.Consider Brewster’s key strategic planning documents (Vision Plan,
Open Space and Recreation Plan, Coastal Resource Management
Plan, Housing Production Plan, and others)
ii.Incorporate maintenance, safety, and legal requirements
iii.Identify estimated one-time project costs, ongoing operating
expenses, funding sources, and timelines, incorporating prudent
financial practices
3.Composition: Nine (9) total members, including
a.Two (2) representatives from Select Board (Select Board Chair shall not be
eligible)
b.One (1) representative from each of the following committees: Vision
Planning Committee; Natural Resources Commission; Open Space
Committee; Affordable Housing Trust
c.Three (3) at-large members (may be part-time residents)
d.Term: One (1) year, subject to annual reappointment; first term through
June 30, 2023
e.Officers: Committee shall initially and annually thereafter elect a Chair,
Vice Chair, and Clerk; Chair position shall not be held by a Select Board
member; Chair and Vice Chair will meet on quarterly basis with their
counterparts on BPPC to ensure coordination
f.Liaisons (non-voting): Finance Committee; Water Commission; Recreation
Commission
g.Representatives (non-voting): MA Audubon & Brewster Conservation
Trust; other organizations may be included as needed
h.Lead Town Staff Support: Assistant Town Administrator; other
Department Heads as needed
4.Appointment Process:
a.Notice soliciting letters of interest from residents will be posted on Town
website – due January 21, 2022
b.Residents seeking to serve as at-large members will be asked to complete
new Board/Committee application form
c.Members of representative committees will be asked to submit letters of
interest
d.Select Board members appointed to serve on PPPC will individually vet all
applicants (at-large and representative members) and then make their
recommendations to the full Board in February
e.Select Board are anticipated to make all appointments by the end of
February
5.Selection Criteria:
In addition to the criteria outlined in the Select Board’s recently revised Board &
Committee Appointment Policy, Select Board members will also take into account
the following criteria in selecting members to serve on this committee:
a.Record of effective teamwork ability; able to collaborate well with others
to achieve common goals
b.Experience in community planning, municipal activities, project
management, equity and inclusion, conservation/environment, park
management, sustainability, historic preservation, recreation, public
finance, (landscape) architecture, youth services, human services,
engineering, community housing, and/or law
c.Excellent written and verbal communication skills
d.Previous volunteer service
e.Sufficient time to actively participate in meetings and take on tasks
outside of meetings
FINAL Select Bd Appt Policy; version Oct. 28
Town of Brewster
2198 Main Street
Brewster, MA 02631
www.brewster-ma.gov
Phone: (508) 896-3701
BREWSTER SELECT BOARD POLICY #6
SELECT BOARD APPOINTMENTS TO TOWN COMMITTEES
Date Adopted: _____
A. DEFINITIONS
1. Ad hoc committee: A committee formed for a limited period of time for a specific
and temporary purpose.
2. Advisory committee: A committee that acts only in an advisory capacity to the
Select Board with no authority to bind the Select Board, e.g., the Bikeways and
Human Services Committees.
3. Alternate member: A committee member appointed to sit on the committee in
the case of an absence, inability to act, or conflict of interest on the part of a
regular member or in the event of a vacancy (Town Charter 5-3-1).
4. Appointed committee: A committee in which the members are appointed rather
than elected.
5. Committee: Any multiple-member public body, including boards and
commissions.
6. Elected committee: A committee in which the members are elected by town
voters.
7. Public body: All multiple member committees, boards, and commissions,
elected or appointed, or otherwise authorized under state law, town charter, or as
appropriate, by the Select Board, to serve a public purpose.
8. Regulatory committee: A committee with financial or regulatory authority
granted by state law and/or town charter, e.g., the board of health, planning
board, and school committee.
9. Standing committee: A permanent committee.
B. PURPOSE
1. Appointing authority. The Select Board is the appointing authority for all non-
elected, multiple member committee positions. It appoints jointly with a second
public body for certain elected committee vacancies (covered by a separate
policy, number 6A, dated November 1, 2021). The Select Board may create and
make appointments to ad hoc and advisory committees as it deems necessary.
The Town Moderator is the appointing authority for certain committee positions
not covered by this policy. (See Appendix A).
2. Appointment process. This policy describes the process used by the Select
Board to appoint volunteers to Town committees, boards, and commissions
where members are not elected.
3.Resident involvement.The Town encourages resident involvement in decision-
making through participation on committees and relies on qualified volunteers
Office of:
Select Board and
Town Administrator
11 / 01 / 2021
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playing active committee roles.
4. Appointment process goals. The members of a committee should be selected
so as to provide the strongest possible group for the handling of any task that
may arise within the province of that committee. The Select Board seeks to
appoint qualified Brewster residents who are broadly representative of the
demographics and experiences of residents in Town and whose skill set matches
the particular committee’s needs. The Select Board aims to have balanced and
diverse representation on committees wherever feasible.
5. Town employees and non-Brewster voters. Town of Brewster employees may
be appointed to a committee at the appointing authority’s discretion, subject to
the Conflict of Interest law and any other general or special laws. Non-Brewster
voters may be appointed to certain ad hoc and advisory committees. The Select
Board will explicitly identify opportunities for non-Brewster voters to seek
appointment to such committees. Town employees and non-Brewster voters
appointed to serve on such committees will be full voting members unless
otherwise outlined in the committee charge.
C. SELECTION CRITERIA
1. The applicant is registered to vote in Brewster, with certain exceptions for
appointed ad hoc and advisory committees, as discussed above.
2. Successful applicants will demonstrate:
a. Broad perspective and concern for Brewster’s welfare and progress;
b. Familiarity with Brewster’s issues, government processes, and plans,
including without limitation the Vision Plan;
c. Interest in duties and responsibilities of the committee, board, or
commission under consideration;
d. Willingness to devote time and effort toward the committee’s work;
e. Basic awareness and understanding of pertinent laws, bylaws,
regulations, and policies;
f. Relevant professional and/or personal experience/expertise;
g. Effective teamwork and communication skills; and
h. Commitment to carrying out the duties of the committee in the best
interest of the Town according to applicable law and regulations and not to
advance or create the appearance of advancing a personal agenda.
3. Under the Town Charter, no person who has been recalled from an office or who
has resigned from office following the filing of a recall petition shall be appointed
to any Town office within 2 years after such recall or such resignation (Charter 2-
12-1-G).
D. REMOVAL BY SELECT BOARD FROM APPOINTED POSITION
1. Under the Town Charter, any person appointed to a multiple member committee
by the Select Board may be removed by the Select Board following written
notice and the opportunity for a public hearing (Charter 5-1-1-B).
E. PROCESS FOR SELECT BOARD APPOINTMENTS TO NON-ELECTED
COMMITTEES (See chart that follows)
1. Advertising (Responsibility: Town Administration)
a. Vacancy notices are posted with guidance on how to apply.
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2. Application Initial Review (Responsibility: Town Administration)
a. Applicant submits application (see Appendix B) and other materials to
Town Administrator’s office.
b. Upon receipt, staff reviews application for completeness and, if satisfied
that the application is complete, forwards the application to the Town
Clerk.
3. Eligibility Confirmation (Responsibility: Town Clerk)
a. The Town Clerk notes the applicant’s voting status on the “Committee
Application Screening and Action Form” and returns the form to Town
Administration, who then forwards the application materials to the Select
Board Liaison.
4. Screening and Recommendation (Responsibility: Select Board Liaison)
a. The Select Board Liaison assigned to the committee on which a vacancy
has occurred conducts applicant screening, and then submits their
recommendation to Town Administration staff, using “Select Board
Committee Application Screening Form” (See Appendix C). Screening
activities include reviewing application materials, interviewing applicant,
and conferring with the committee chair.
5.Notice of Proposed Appointment (Meeting #1)(Responsibility: Town
Administration)
a. For applicants recommended for appointment by the Select Board Liaison,
the “Select Board Committee Application Screening Form” with the
Liaison’s recommendation and application materials are published in a
Select Board meeting packet at least one week prior to the meeting at
which a vote on the appointment will be held.
6. Select Board Vote (Meeting #2) (Responsibility: Select Board)
a. The recommended appointment is placed on Select Board meeting
agenda, including the name of the candidate, if known.
b. The Select Board deliberates on the recommended appointment and
votes.
c. A simple majority vote is required to confirm or reject the appointment.
7. Notification of Decision (Responsibility: Town Administration)
a. Town Administration then notifies the applicant of the Select Board’s
decision:
i. If appointed, Town Administration notifies the applicant of their
appointment and directs the appointee to be sworn in by Town
Clerk before participating in a public meeting. The appointment
certification form is forwarded by Town Administration to the
appointee and the Town Clerk, along with the required Certification
of Compliance with any applicable laws, including without limitation
the Open Meeting Law, Public Records Law, and Conflict of
Interest Law.
ii. If the applicant is not appointed, Town Administration notifies the
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applicant; other vacancies may be considered and the application
can be kept on file.
F. APPOINTMENTS TO AD HOC COMMITTEES (Responsibility: Town Administration
and Select Board)
1. The Select Board may request the Town Administrator perform screening and
make recommendations to the Select Board for appointments to ad hoc
committees.
2. The same application form is used as with standing committee applications
and the same two meeting publication processes will be used (though no
Select Board Liaison recommendation occurs).
3. For ad hoc committees, Town Administration will evaluate applications and
forward recommendations to the Select Board for deliberation and vote at a
public meeting.
4. The Select Board will clearly identify opportunities that non-Brewster voters
are eligible to apply for.
G. RE-APPOINTMENT TO COMMITTEE (Responsibility: Town Administration and
Select Board)
1. Committee members whose terms are expiring should notify Town
Administration, by email or in writing, if they wish to be re-appointed no later
than 30 days before the end of their term.
2. For members wishing to be re-appointed, Town Administration will notify the
Select Board Liaison to the Committee and the Committee Chair.
3. The Select Board Liaison will consult with the Committee Chair and inform
Town Administration of a recommendation for re-appointment.
4. If a committee member is recommended for re-appointment:
i. Meeting #1: Town Administration will publish member’s request for re-
appointment and re-appointment recommendation by the Select Board
Liaison in a Select Board packet at least one week prior to the meeting
at which a vote on re-appointment will be held.
ii. Meeting #2: The recommendation for re-appointment will be placed on
the Select Board meeting agenda, including the member’s name. The
member’s request for re-appointment and the Select Board Liaison’s
recommendation for re-appointment will be published in Select Board
meeting packet.
iii. A simple majority vote is required to confirm or reject the re-
appointment.
5. If a member does not wish to be re-appointed, a vacancy will be added to the
Town-maintained committee vacancy list.
H. APPOINTMENTS TO COMMITTEES COMPRISED OF OTHER COMMITTEE
MEMBERS (Responsibility: Town Administration and Select Board)
1. Certain Town Committees are formed of members representing other Town
committees and departments, e.g., the Water Quality Review Board and the
Brewster Affordable Housing Trust.
2. The Select Board makes appointments to these committees based on the
recommendation of the contributing committee and/or applicable Town
bylaws or charter provisions.
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Approved by the Brewster Select Board on:
___________________________ ___________________________
Cynthia Bingham, Chair David Whitney, Vice Chair
___________________________ ___________________________
Edward Chatelain, Clerk Mary Chaffee
___________________________
Kari Hoffmann
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FLOWCHART: SELECT BOARD APPOINTMENT PROCESS FOR NON-ELECTED
COMMITTEE VACANCIES
APPLICATION: Applicant submits application to TA Office.
APPLICATION INITIAL REVIEW: TA reviews application for completeness; forwards to Town Clerk.
ELIGIBILITY: Town Clerk confirms applicant’s voter status (unless exempt); returns application to Town Administration.
SELECT BOARD LIAISON ACTION:
Town Administration forwards application materials to Select Board Committee Liaison who:
o Evaluates application materials & interviews applicant.
o Confers with Committee Chair; Chair may interview applicant also.
o Checks at least one local reference if needed.
o Determines recommendation.
IF APPLICANT RECOMMENDED FOR APPOINTMENT
NOTIFICATION. Other vacancies
may be considered & application kept
on file.
NOTICE OF PROPOSED APPOINTMENT (MEETING #1)
Select Board Liaison submits Recommendation Summary to TA.
Recommendation Summary & application materials are included
in Select Board packet for review at least 1 week prior to vote.
NOTIFICATION: TA notifies applicant and Town Clerk
of appointment.
SWEARING IN Applicant sworn in by Town Clerk and
Committee service begins.
SELECT BOARD VOTE (MEETING #2)
Recommended appointment is placed on Select Board agenda.
Select Board votes; simple majority vote required to appoint.
ADVERTISING: Town Administration (TA) advertises committee vacancies.
IF APPLICANT NOT RECOMMENDED
APPLICANT IS APPOINTED APPLICANT NOT APPOINTED
NOTIFICATION. Other vacancies
may be considered & application
kept on file.
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Appendix A
Town of Brewster Committee Appointing Authorities
APPOINTING AUTHORITY RESPONSIBLE FOR APPOINTMENTS TO:
Select Board All multiple member non-elected committees*
Ad hoc committees*
Town Moderator vacancy
Town Constable vacancy
Old Kings Highway Historic District Committee
– 1 seat (under charter)
Housing Authority – 2 seats (state law)
Select Board and Second Board
with Joint Authority (see separate
policy)
Vacancies on elected public bodies:
Board of Health
Housing Authority
Brewster School Committee
Nauset Regional School Committee -
Brewster seats
Old Kings Highway Historic District
Committee
Planning Board
Recreation Committee
Town Moderator Finance Committee (all seats)
Audit Committee (1 seat)
Deputy Town Moderator
Cape Cod Technical High School Committee
Brewster representatives in accordance with
regional school district agreement
Finance Committee Audit Committee (2 seats)
*Appointments managed under this Select Board policy.
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Appendix B
Town of Brewster
SELECT BOARD COMMITTEE APPOINTMENT APPLICATION
APPLICANT DIRECTIONS:
Thank you for your interest in serving Brewster. The Town aims to match applicants
with committee service best aligned to your skills and interests as well as the
committee’s needs.
The Town may consider the information in this application, any supplemental
information, and any other publicly available information. An appointment to any
committee, board or commission is at the discretion of the Select Board.
Please complete this form online, or on paper, and submit a résumé if desired to
Erika Mawn, Town Administrator’s Executive Assistant:
o Email: EMawn@Brewster-MA.gov
o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or
o In person: Town Administrator’s Office or drop-box outside Town Hall.
After your application materials are received, you’ll be contacted regarding next
steps. Vacancies will be filled by applicants deemed best qualified to serve in a
particular capacity, which discretion lies solely with the appointing authority.
Submitting this form does not guarantee appointment.
______________________________________________________________________
1. Applicant name:
2. Address:
3. Phone Numbers: Home: Cell:
4. Email:
5. This is an application for: Full member status Alternate status
6. Are you a full-time Brewster resident? Yes No
7. Years you’ve lived in Brewster:
8. Are you registered to vote in Brewster? Yes No
9. Committees you are interested in serving on in order of preference:
a.
b.
c.
NOTE: You may attach a résumé or CV instead of completing items 10-14.
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10. EDUCATION. List schools attended, degrees/diplomas/certificates received,
and date of completion.
11. OCCUPATION: Active Retired Not currently working
12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of
employment for at least previous 3 years.
13. GOVERNMENT POSITIONS. List any Town of Brewster or other government
volunteer, elected, or appointed positions you now hold or have held.
14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that
you belong to or have belonged to in the previous 5 years:
a. Organizations and dates:
15. GOALS: Please explain why you’d like to serve on a particular committee.
16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or
interests you have that would assist you to serve effectively on the committee
you wish to serve on.
17. TOWN EMPLOYMENT: Are you or any member of your immediate family
employed by or receiving financial consideration from the Town of Brewster?
18. CONFLICTS OF INTEREST. Do any of your activities or relationships present
the possibility or probability of a conflict of interest if you are appointed?(Does
not automatically disqualify but may need to be disclosed)
19. LOCAL REFERENCES: Please provide the names and contact information for
references (Brewster residents preferred):
a. Name:
Address:
Phone:
Email:
Relationship to you:
b. Name:
Address:
Phone:
Email:
Relationship to you:
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20. ADDITIONAL INFORMATION. Please add any additional information you’d like.
21. SIGNATURE. By signing below, you state that you understand and agree.
My completion of this form does not guarantee my appointment and my
application will be kept on file for two (2) years.
If appointed to a position, I will be considered a Municipal Employee under MGL
Ch. 268A and will be subject to:
Massachusetts Conflict of Interest Law, MGL Ch. 268A;
Massachusetts Financial Disclosure Law, MGL Ch. 268B;
Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the
implementing regulations, 940 CMR 29.00;
Massachusetts Public Records Law, MGL Ch. 66, and the implementing
regulations, 950 CMR 32.00;
Massachusetts Campaign Finance Law, MGL Ch. 55; and
Brewster Charter, when in force, and Town bylaws, and all other applicable
federal, state, and local laws or regulations.
If appointed, I must be sworn in by the Town Clerk before serving, and I will
complete State Conflict of Interest training after appointment, as well as any
other certifications required by law.
When submitted, I understand that this form becomes a public document.
Signature: Date:
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Appendix C
SELECT BOARD COMMITTEE APPLICATION SCREENING FORM
Applicant Name Requested Committee
1. TOWN CLERK REVIEW
a. Applicant is a registered Brewster voter: Yes No
b. Date confirmed
2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD
a. Select Board Liaison Applicant Interview:
i. Interviewer name (Select Board Liaison):
ii. Interview date:
b. Select Board Liaison Consultation with Committee Chair:
iii. Committee Chair name:
iv. Consultation date:
v. Did Committee Chair also interview applicant? Yes No
c. Was at least 1 Brewster reference contacted: Yes No N/A
d. Select Board Liaison Recommendation:
i. Recommend appointment.
ii.Recommend appointment to other committee that is a better fit for
applicant qualifications.
iii. Recommend holding application for future opening.
iv. Not recommended.
3. SELECT BOARD ACTION
a. At a Select Board meeting held , the Applicant was appointed to
for a term ending year term.
4. NOTIFICATION OF APPOINTEE AND TOWN CLERK
a. Date notification of appointment sent to appointee and Town Clerk:
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Appendix D
1. Appointment Letter
Town of Brewster
2198 Main Street
Brewster, MA 02631
www.brewster-ma.gov
Phone: (508) 896-3701
[Date]
Dear ,
Thank you for applying for appointment to a Town of Brewster Committee. I am pleased
to inform you that on [date], you were appointed to:
Your term will end:
[Term end date]
Please contact the Town Clerk to arrange your swearing in, which must be done prior to
your participation in a committee meeting.
Colette Williams, Town Clerk
2198 Main St., Brewster, MA 02631
Phone: (508) 896-4506
Email: townclerk@brewster-ma.gov
Thank you for your willingness to serve our community.
Sincerely,
Peter Lombardi
Town Administrator
Office of:
Select Board and
Town Administrator
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2. Non-appointment Letter
Town of Brewster
2198 Main Street
Brewster, MA 02631
www.brewster-ma.gov
Phone: (508) 896-3701
[Date]
Dear [Applicant Name],
Thank you for applying for appointment on a Town of Brewster Committee. You were
not selected for this appointment, however, we would like to retain your application. We
would like to be able to consider you when a future committee vacancy opens that
interests you, and for which your background and experience would be a good fit.
Volunteers make vital contributions to our community, and we appreciate your
willingness to serve. If you have any questions about committee openings, please
contact the Town Administrator’s Office or visit the Town website to review openings.
Phone: (508) 896-3701
Email: townclerk@brewster-ma.gov
Committee Openings: https://www.brewster-ma.gov/committee-openings
Sincerely,
Peter Lombardi
Town Administrator
Office of:
Select Board and
Town Administrator
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Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: Proposed Charges for Sea Camps Comprehensive Planning Advisory
Committees
DATE: November 24, 2021
Following Town acquisition of the former Cape Cod Sea Camps properties at 3057 Main
Street (“Bay Property”) and 500 W.H. Besse Cartway (“Long Pond Property”), the Select
Board can now move forward in forming new advisory committees to guide and
facilitate planning efforts to identify future uses of both properties.
On November 15, Special Town Meeting appropriated $185,000 to help broadly study
the potential future uses for the Sea Camps properties, including a Community Center,
and to incorporate other Town facilities for study such as the Council on Aging, Town
Hall, Spruce Hill, and the Robinson property (Long Pond Woodlands) as well as the
results of the soon-to-be-completed Elementary School Study. These plans will identify
recommended future uses of both Sea Camp properties as well as estimated capital &
operating costs, project phasing, financing, and partnerships. These processes will
incorporate substantive and varied forms of resident outreach and community
engagement to solicit input and feedback. Subsequent Town Meeting approval is
required once Comprehensive Plans are completed for each property. These
committees, with the support of professional consultants, will lead these processes.
Given the differences in current uses, existing conditions, and potential opportunities at
each site, the formation of two separate committees is proposed as follows:
1.Bay Committee will be comprised of eleven (11) members, including two (2)
Select Board members, one (1) representative from each of the following
committees (Open Space Committee, Natural Resources Commission, Affordable
Housing Trust, Recreation Commission, Council on Aging), and four (4) Brewster
(at-large) residents. Consistent with the Select Board’s recently adopted Board &
Committee Appointment Policy, part-time residents may be permitted to serve in
an at-large capacity on either committee. All members will serve one (1) year
terms, subject to annual reappointment on the standard fiscal year cycle.
Office of:
Select Board
Town Administrator
The following committees will identify liaisons to attend these meetings: Finance
Committee and Vision Planning Committee. Other stakeholders invited to
participate in these meeting include representatives from MA Audubon and YMCA
Cape Cod. Additional organizations such as the Brewster Conservation Trust,
Trustees of Reservations, and others may be included in future discussions as
well.
2.Long Pond Committee will be comprised of eleven (9) members, including two
(2) Select Board members, one (1) representative from each of the following
committees (Open Space Committee, Natural Resources Commission, Affordable
Housing Trust, Recreation Commission), and three (3) Brewster (at-large)
residents. All members will serve one (1) year terms, subject to annual
reappointment on the standard fiscal year cycle.
The following committees will identify liaisons to attend these meetings: Finance
Committee, Vision Planning Committee, and Water Commission. Other
stakeholders invited to participate in these meeting include representatives from
MA Audubon and the Brewster Conservation Trust. Additional organizations may
be included in future discussions as well.
Quarterly meetings of Steering Subcommittees of each committee (composition TBD)
are anticipated to ensure close coordination of their work.
The work of these committees will be unlike anything the Town has undertaken in
terms of their complexity, scale, and scope. With that in mind, your feedback on these
initial suggestions regarding committee composition is certainly welcomed. For your
December 20 meeting, we will fully develop the committee charges for your
consideration and also discuss plans regarding this appointment process.
Consistent with our project timeline, once the charges for both committees are
approved by the Select Board, we will solicit letters of interest from residents in
January. Appointments are expected to be made in February. Kick-off meetings are
expected to occur in March, which should coincide with the hiring of the firm(s) who will
be supporting their work.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 11.29.2021 www.brewster-ma.gov Page 1 of 11
Office of:
Select Board
Town Administrator
MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES
DATE: November 29, 2021
TIME: 6:00 PM
PLACE: Remote Participation
REMOTE PARTICIPANTS: Chair Bingham, Selectperson Whitney, Selectperson Chaffee, Selectperson
Hoffmann, Selectperson Chatelain, Town Administrator Peter Lombardi, Assistant Town Administrator Donna
Kalinick, Chief Robert Moran, Gretchen Riley, Jill Scalise, Stuart Heaton
Call to Order & Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Bingham called the meeting to order at 6:00pm. A quorum was declared, and all Select Board members
present were announced. Chair Bingham read the meeting participation and recording statements.
Public Announcements and Comment: None
Select Board Announcements and Liaison Reports: None
Town Administrator’s Report
Mr. Lombardi provided an update on the pandemic; in terms of positive case trends, we have seen a
significant increase in Brewster in past several weeks which mirrors what we are seeing at the County level.
Since November positive cases have been increased to almost 40 cases a week, of the new positive cases,
generally impacting the younger demographics. There has been a dramatic increase in young school age
children under the age of 10, these are entirely through family exposure and not school exposures. Mr.
Lombardi pointed out that the Health Department and VNA have been doing a great job in following up with
contact tracing and watching the trends, including the new variant both regionally and locally.
Mr. Lombardi shared that the Town received a $9,000 grant through our insurance provider, a risk
management grant, to purchase new radios and provide upgrades to the radio systems at the Captains Golf
Course, a priority piece of equipment identified internally by the Emergency Management team.
Mr. Lombardi reminded the group that we have been working on developing a hazard mitigation plan and
tomorrow night we are hosting a public workshop from 6pm – 8pm for our residents to learn about the draft
plan, answer questions and provide feedback on the plan. Noting that the official public comment period
runs through this Friday December 3rd. Mr. Lombardi added that this will be our first ever hazard mitigation
plan, noting that it builds on other related efforts the Town has undertaken in the past few years including,
Municipal Vulnerability Preparedness, Coastal Resource Management, Vision Plan, etc. This plan will allow
the Town to access significant State and Federal grant funding to address priority projects. Information about
this workshop is available on the Town’s website.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 11.29.2021 www.brewster-ma.gov Page 2 of 11
Office of:
Select Board
Town Administrator
Consent Agenda
Meeting Minutes: November 1, 2021, November 15, 2021 and November 16, 2021
Letter of Support for Town Administration’s Community Preservation Act Application for Funds to
Digitize the Ellen St. Sure Archival Collection
Gift Acceptance: $30,000 from Brewster Conservation Trust for Wing Island Boardwalk Design &
Permitting
One-Day Liquor License: Snowy Owl
Request to Utilize Town Equipment: Homeless for the Holiday (Brewster Fire/Rescue Association)
Selectperson Chaffee highlighted that the Brewster Conservation Trust is making a $30,000 gift to the Town,
a generous gift that we are thankful for. Mr. Lombardi added that this $30,000 is from an anonymous donor
and the Brewster Conservation Trust (BCT) is in the facilitating role, the Town signed a gift agreement with
BCT acting in a similar role, for a $1M pledge for construction of the project from the same private
anonymous donor. The initial funding allows us to move forward with the design and permitting.
Selectperson Whitney moved the consent agenda as printed. Selectperson Hoffmann second. A roll call vote
was taken. Selectperson Hoffmann-yes, Selectperson Whitney- yes, Selectperson Chaffee-yes, Selectperson
Chatelain, Chair Bingham-yes. The vote was 5-Yes, 0-No.
Recognition for Outstanding Acts of Heroism and Bravery: Fire Fighter / Paramedic Gretchen Riley
Chief Moran and Gretchen Riley joined the meeting and Chief Moran reviewed the events that occurred on
March 17, 2021. Ms. Riley was in a department vehicle and came across a motor vehicle accident involving a
tractor trailer and a small vehicle. Ms. Riley immediately pulled over, extinguished the fire and initiated EMS
on the individual trapped. Chief Moran nominated Ms. Riley for a firefighter of the year award and last week
Chief Moran, Deputy Chief Varley and Ms. Riley went to Worcester where Ms. Riley was honored as
Firefighter of the year. Chief Moran noted that Ms. Riley’s actions were above and beyond and wanted to
make sure she is recognized for her great work, adding that she is a great employee, and he sees a great
future with the Town of Brewster for her.
Selectperson Hoffmann echoed the sentiments of this great honor, display of courage and selfishness. She
thanked Ms. Riley for all that she does. Chair Bingham congratulated Ms. Riley on behalf of the Board.
Review and Vote on Eversource Easements for Electric Service at 1000 Freemans Way and 198 Commerce
Park Road (Captain’s Golf Course Solar Carports)
Mr. Lombardi stated that we have been working with a Solar developer for the solar car ports at the Captains
Golf Course parking lots, these easements are required to fully connect both systems onto the grid, so the
Town can start receiving the revenues from this project. An article was brought to Town meeting to
empower the Select Board to approve the agreements.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 11.29.2021 www.brewster-ma.gov Page 3 of 11
Office of:
Select Board
Town Administrator
Selectperson Chatelain moved to approve the electric easements to NSTAR for 1000 Freemans Way and 198
Commerce Park. Selectperson Chaffee second. A roll call vote was taken. Selectperson Whitney-yes,
Selectperson Chaffee- yes, Selectperson Chatelain-yes, Selectperson Hoffmann, Chair Bingham-yes. The vote
was 5-Yes, 0-No.
Mr. Lombardi mentioned that there will be another pole hearing from Verizon for one of the sites and then
the project will be fully complete and connected to the grid.
Status Update on Town Acquisition of Cape Cod Sea Camps Properties and Initial Guided Tours Event
(Select Board FY22-23 Strategic Plan Goals SC-1&4)
Mr. Lombardi referenced the press release issued last Wednesday, when the Town officially took ownership
of the Cape Cod Sea Camps. He has received word from attorneys that all paperwork has been filed and the
Town is the owner of record. Mr. Lombardi noted that was a very complicated process, recognizing the end
of one phase and the beginning of the next.
Selectperson Hoffmann stated in celebration of the acquisition there will be organized tours of the Bay
property on Saturday Dec. 11th from 10am – 3pm. All information is available on the website, pre-
registration will be required. The tour is for Brewster residents only and a registration link will be available
on the Town website as of Tuesday November 30th. The tour will include six different locations and will
include history and tidbits that have been collected about the property.
Selectperson Whitney stated that we anticipate about 25 guided tours, each tour should take 45 minutes and
transportation will be provided. We are looking forward to the tours and hope for good weather.
Selectperson Whitney reminded everyone to dress for the weather.
Selectperson Hoffmann added that we will be able to fit between 600-650 people for the day and that there
will be additional opportunities in the Spring at both the Bay parcel and the Long Pond parcel.
Ms. Kalinick mentioned that there will be an Eventbrite link on the Town’s website, that people will use to
sign up for a specific time slot. Any questions or those who request special accommodations can contact the
Select Board office. Ms. Kalinick stated that since there is a finite number of spots, we ask that if anyone
needs to cancel, they should do so through Eventbrite. Noting that a good part of the tour will be walking,
including the beach area, we ask that people dress appropriately with the right footwear. Also, that the
buildings are not heated at the Sea Camps.
Mr. Lombardi acknowledged the assistance of Cape Cod Regional Transit Authority, who have offered five
20-person buses and drivers for the day as part of their service to the community. Adding that Cape Cod
Collaborative will be helping with 12 person vans along with 2 Council on Aging vans. Masks will be required
while on the busses/vans.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 11.29.2021 www.brewster-ma.gov Page 4 of 11
Office of:
Select Board
Town Administrator
Discuss and Vote on New Personnel Bylaw Position: Sea Camps Property Manager (Select Bard FY22-23
Strategic Plan Goal SC-2)
Mr. Lombardi remarked that as the reality of the Town owning both properties set in, we have been working
on developing a short term, interim maintenance plan. As we move through the community outreach and
planning process, it is clear that we need to have one new full-time position in place that has the primary
responsibility for maintenance and security of the buildings and property. Mr. Lombardi added that there are
90 buildings on the Bay parcel, and over 120 acres. The Town is looking to add this new position, a personnel
bylaw position, that will report to the Facilities Maintenance Supervisor. Mr. Lombardi noted that initial
funding for the position will be covered with the $200,00 from the free-cash appropriation made by Town
Meeting in September through the balance of FY22. In FY23 and beyond, this position will be added to the
operating budget, more details will be reviewed at the Finance Forecast next week. Mr. Lombardi stated that
we anticipate a portion of the costs of this new position to be offset from short term rental revenues, which
is consistent with the Board’s policy in terms of allocation, which allows up to 10% of the revenues to be
allocated to specific operating expenses associated with the Board’s Strategic Plan.
Selectperson Chatelain moved to approve the new personnel bylaw position of Cape Cod Sea Camps
Property Manager as described in the packet. Selectperson Chaffee second. A roll call vote was taken.
Selectperson Chaffee-yes, Selectperson Chatelain- yes, Selectperson Whitney-yes, Selectperson Hoffmann,
Chair Bingham-yes. The vote was 5-Yes, 0-No.
Discuss Proposed Sea Camps Comprehensive Plan Advisory Committee Charges (Select Board FY22-23
Strategic Plan Goal SC-3)
Mr. Lombardi referenced the memo included in the packet, adding that these committees have a lot of great
and hard work ahead of them. Adding that at Town Meeting we re-appropriated $185,000 to help develop
the plans that will ultimately go back to Town meeting in terms of future uses of the properties. Mr.
Lombardi said that we anticipate going through the process of issuing a solicitation to hire a consulting
firm(s) to support the new committees.
Proposal for the Bay Property:
11 members; 2 Select Board members, 1 representative from the following committees: Open Space,
Natural Resources, Affordable Housing Trust, Recreation Commission and Council on Aging, and 4 at
large seats.
o Council on Aging specifically since the warrant article included the possibility of locating a
community center at the property.
As the recently adopted appointment policy states, part-time residents maybe be included, as the
Board has the ability to allow part-time residents to serve on committees like this, it would need to
be explicit in the charge.
Process is expected to take 2-3 years from start to finish. The recommendation is that all members be
on a 1-year cycle, with initial appointments through the end of June, then one year term thereafter.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 11.29.2021 www.brewster-ma.gov Page 5 of 11
Office of:
Select Board
Town Administrator
Recommended liaisons include at least one Finance Committee member and a Vision Planning
Committee member.
Invite stakeholders that have been identified to date: Mass Audubon, Brewster Conservation Trust,
YMCA Cape Cod. Members to attend and participate in the meetings.
Other organizations may be involved as the planning and discussions move forward (ex: Brewster
Conservation Trust Trustees).
Proposal for the Long Pond Property:
9 members; 2 Select Board members, 1 representative from the following committees: Open Space,
Natural Resources, Affordable Housing Trust, and Recreation Commission, 3 at large seats.
Same on year term appointments.
Recommended liaisons include at least one Finance Committee member, Vision Planning Committee
member and a member from Water Commission.
o Specifically, the Water Commission as they made a significant contribution to the initial
acquisition and has pledged additional funding to help cover some costs of the property.
Stakeholders that have been identified to date: Mass Audubon and Brewster Conservation Trust.
Other organizations may be involved as the planning and discussions move forward
Mr. Lombardi stated that it is important to note that there is coordination and communication between both
committees, the idea is to have a smaller subset of these committees, perhaps Chair and Vice Chair that will
meet on a regular basis. Adding that subsequent to tonight’s meeting any follow up comments be submitted
to Mr. Lombardi so that we can work up a more involved draft scope for the charges for the December 20th
meeting for approval. We will then follow up after the Holidays to solicit interest from residents.
These committee processes will be an outlier from the approved Board/Committee appointment process, in
terms of the vetting process, it is recommended that the Select Board members who will be serving on each
of the respective committees would take the lead on the process and bring recommendations to Select
Board meetings following the two-step process. Mr. Lombardi suggested discussion on the method by which
the Board will be making appointments, if we will be asking for recommendations from the committee or
another process.
Selectperson Chaffee supported the general approach and offered a few ideas to consider:
1.Names of the committees should be something concise and easy to use, suggests the Bay Property
Planning Committee and the Pond Parcel Planning Committee.
2.The purpose and criteria- when we do go out with the call for applicants it will be important to lay out
what the overarching purpose and goals are as well as the criteria that will be used to select at large
members. She will send possible language suggestions to Mr. Lombardi.
3.Proposal on membership, important to establish these committees with the right members and we
find the right liaison to infuse with important perspectives.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 11.29.2021 www.brewster-ma.gov Page 6 of 11
Office of:
Select Board
Town Administrator
a.The proposed number of members on each committee is right, 11 for the Bay parcel and 9 for
the Pond parcel.
b.Consider two changes to create more at large spots and a slightly different mix of the
designated committee members with a focus on having committee members that represent
the broader Town’s interest and then have liaisons assigned who have more narrowed
interest.
4.Bay Property Committee-11 members; 2 Select Board, Vision Planning Committee, Natural Resources
Commission and Recreation Commission, with 6 at large seats.
a.Liaisons would include members from Finance Committee, Council On Aging, Housing Trust
and Open Space Committee.
5.Pond Parcel Committee- 9 members; 2 Select Board members, Vision Planning Committee, Natural
Resources Commission, Recreation Commission and Open Space Committee, with 3 at large seats.
a.Liaisons would include members from the Water Commission, Finance Committee and
Housing Trust.
Mr. Lombardi stated that the Bay parcel committee would also look at Spruce Hill, the Council on Aging
building and the Town Hall campus as well as take into consideration the findings and recommendations
from the elementary school feasibility study. The Pond parcel committee would look at the Robinson
property. Noting that the one element that makes the discussion more complicated, not in a bad way, is the
possibility of a community center. The Bay committee will have a broader scope and potentially take longer.
Select Board members had discussions about the different aspects of the committees. Some of the key
discussion points include:
This is to be a community lead process, with the help from experts in guiding the committees through
the process of developing a plan, identifying capital costs, operating expenses associated with
purposed futures uses and working through various partnership scenarios. Work to be completed by
the committees with significant support from the consulting firm.
The same consulting firm will work with both committees.
The idea of having a broader view on the committees with liaisons having important and more
narrowed interests.
Raising the number of at large members on both committees.
Having either Affordable Housing Trust or the Brewster Housing Partnership as a designee.
Selectperson Chatelain proposed the following:
Bay Parcel- 11 members; 2 Select Board, Vision Planning Committee, Natural Resources Commission,
Recreation Commission and Affordable Housing Trust, with 5 at large seats. Liaisons to include
Finance Committee, Open Space Committee and private partners.
Pond Parcel Committee- 9 members; 2 Select Board members, Vision Planning Committee, Natural
Resources Commission, Affordable Housing Trust and Open Space Committee, with 3 at large seats.
Liaisons to include Water Commission, Finance Committee and private partners.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 11.29.2021 www.brewster-ma.gov Page 7 of 11
Office of:
Select Board
Town Administrator
Selectperson Whitney supports Selectperson Chaffee’s version of the Bay parcel committee and
Selectperson Chatelain’s version of the Pond parcel committee. Also added that perhaps it is not necessary
to have an odd number of members, since these are advisory and not voting on policies possible to have 12
members on the Bay Committee and include Housing.
The Select Board has continued discussion on the possible make up of each of the committees.
Mr. Lombardi anticipated that the composition of the committees would be the most challenging element
and doesn’t believe that putting together the actual framework will be as involved. Mr. Lombardi invited
members of the Board to email him directly with specific ideas, comments or suggestions in preparation for
the meeting on December 20th.
Mr. Lombardi offered the following input regarding having members from the Vision Planning Committee on
these committees; the Vision Planning Committee have and will continue to have a lot of work on their plate
over the next year in developing the Town’s first ever local comprehensive plan and other implementations.
These new committees will be very active and intensive, and the Vision Planning Committee will also be in
the same position. Adding that it is important to keep in mind we will be asking members to attend an
average of four meetings a month, possibly long meetings with complex topics. Stating that why the original
suggestion was that the Vision Planning Committee serve as liaison is so they wouldn’t have to do as much
heavy lifting. Mr. Lombardi pointed out that these are the Select Board’s charges, and the Board has full
discretion to amend them as they see fit. There is potential that when we solicit letters of interest, and we
fully anticipate we will have a lot of residents with great backgrounds, we could increase the number of at
large seats based on the applicant pool. We need to have a starting place in terms of the number of
designated seats vs. at large seats.
Mr. Lombardi reviewed the consensus:
Bay property- 11 members; 6 at large, 5 designees including 2 Select Board members, Vision Planning
Committee member, Vision Planning Committee member, Natural Resources Commission member,
Recreation Commission member. Liaisons to include Finance Committee, Affordable Housing Trust,
Council on Aging and Open Space, as well as private partners.
Pond Committee- 9 members; 3 at large, 6 designees including 2 Select Board members, Vision
Planning Committee member, Natural Resources Commission member, Open Space member and
Affordable Housing Trust member. Liaisons to include Finance Committee, Water Commission, and
Recreation Commission, as well as private partners.
It was reviewed that the Board or Commissions would appoint both their members and liaisons to serve on
the newly established committees.
Discussion on how the Select Board would decide which members would join each committee and the plan
for vetting the at large seats initially. The vetting process probably wouldn’t start until later in January,
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 11.29.2021 www.brewster-ma.gov Page 8 of 11
Office of:
Select Board
Town Administrator
giving time to review applications. Chair Bingham mentioned that she has heard from most of the Select
Board members on their interest and she can offer suggestions. This topic will be an agenda item at the next
meeting and appointments will be at the January 10th meeting.
Discuss and Vote on Local Action Unit Application, Marketing Plan, and Local Preference Request for
Serenity Brewster Housing Project
Jill Scalise, Housing Coordinator and Stuart Heaton from Elevation Financial joined the meeting. Ms. Kalinick
noted that there will be 132 units of rental housing for those who are 55+ at Serenity Brewster, adding that it
has been a pleasure to work with Elevation Financial on this project over the past year. Ms. Kalinick said that
Elevation Financial is only required to give 10% of the units as affordable deed restricted, however they
agreed for 20%, recognizing the need in our community. Tonight, we are discussing the Local Action Unit
(LAU) application, this is a way that communities add affordable units to their subsidized housing inventory,
when not going through a comprehensive permit process. Ms. Kalinick noted that Elevation Finance received
a zoning variance in this case.
Mr. Heaton addressed the Board and provided information on Elevation Financial; the company has been
around for about 15 years and the sole mission is to provide affordable housing, for both seniors and
multifamily participants. Elevation Financial is now in nine states. Mr. Heaton stated that a little over 18
months ago Elevation Financial found an opportunity in Brewster at the former Wingate residence. They
created a vision for senior housing and partnered with the Town of Brewster. Mr. Heaton acknowledged it
has been a very busy set of months to form their vision and get support from the Town, eventually getting
the Zoning Board of Appeals to allow them to convert the abandoned assisted living facility into a what they
envisioned as a healthy and vibrant 55+ community. Elevation Financial as a part of their mission had no
problem in providing 20% of units to be deed restricted as this is helpful to the subsidized housing inventory
in the Town of Brewster and increasing its representation. Mr. Heaton stated that Elevation Financial is
100% behind the application and has been committed from the very beginning to put affordable housing in
Brewster, noting they will have spent about $8.4M on this housing project. The first phase has opened and is
fully occupied, there is still a large need within Brewster and surrounding communities, especially for seniors
and Elevation Financial has positioned themselves to meet this need. Mr. Heaton mentioned that this is
clear throughout their history and geography, Elevation Financial simply wants to be a good corporate citizen
and a member of the Town of Brewster through the work they serve at their property.
Mrs. Scalise reviewed the LAU application process, this is part of the local initiative program from the
Department of Housing and Community Development (DHCD), specifically to get the 27 affordable units onto
the subsidized housing inventory (SHI) for the Town of Brewster. The Town of Brewster currently has 268
affordable units on the SHI, that is 5.6% of our year-round housing inventory, with these 27 we will get to
295 putting us at 6.1%. Mrs. Scalise reminded us that the Town also has two affordable housing programs in
process, Brewster Woods with 30 units and 2 units for Habitat for Humanity, who just received their
comprehensive permit from Zoning Board of Appeals (ZBA) last month. Noting that with all of these units,
the Town would be at 6.8% in SHI. Mrs. Scalise noted the application and memo that has been provided in
the packet, on page 65, which includes: community support narrative, background and description of the
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 11.29.2021 www.brewster-ma.gov Page 9 of 11
Office of:
Select Board
Town Administrator
property located at 873 Harwich Road, the use variance provided by the ZBA, as well as the process that
Elevation Financial went through, basic information about the Town, signatures, and information about the
Serenity at Brewster itself. Mrs. Scalise directed attention to the lists of the types of units, and the similar
percentages of each unit type and the market and affordable rates. Mrs. Scalise noted that a vast majority of
the application is documentation, which can be found in attachments A – R. Pointing out that the regulatory
agreement is what guides the units being affordable in perpetuity, these have already been looked at by
Town counsel and Elevation Financial, however the DHCD will not look at this until after they have received
the application.
Mrs. Scalise pointed out the affirmative fair housing marketing and lottery plan. Noting that the Housing
Assistance Corporation (HAC) is overseeing this, they will be completing the lottery, once that is done, the
housing list and waitlist will go to Elevation Financial who will do the lease outs of affordable units only. Mrs.
Scalise indicated that one decision point that remains is local preference, the Town can make a request to
the DHCD who will make the final determination whether or not to allow local preference of up to 70%.
Local preference is for folks who live, work or who have children in the school system, there is no length of
time in Brewster, they must be working at time of lottery, only for initial lease up of the initial lottery not for
going beyond the lottery.
Ms. Kalinick added that the DHCD has been fantastic and supportive through the process and allowed
Elevation Financial to lease up the units in phase 1 and hold the lottery in phase 2, this was a critical decision
point to allow the project to move forward. Ms. Kalinick expressed that the Town is very fortunate to have
found a company capable of redeveloping the property in the way they did and in an expediated manner.
Ms. Kalinick reviewed that in initial discussions about local preference there was a recommendation of 50%
for this project, in part because there is no municipal financing or land involved in this project. It was
requested that this recommendation be brought to the Housing Partnership, the vote was 6 to 1 in support
of 50% of local preference.
Mrs. Scalise added from the initial 40 units being leased up 18% of the units were leased by Brewster
residents (7 units) and 31 units or 78% of studios by Cape Cod residents. Mrs. Scalise added that
interestingly we are seeing folks who are both in Brewster and looking at selling homes and moving into
Serenity Brewster, as well as folks in the area that have left Brewster (lost their rental) and are looking to
come back to Brewster.
Chair Bingham asked if there are any accessible units to be included in the local preference. Mr. Heaton
responded that Elevation Financial will retro fit as they get ADA applications, he was unsure what the current
plan has designed for ADA compliance.
Selectperson Chatelain directed his question to the percentage allowed for local preference, the Law allows
up to 70%, what is downside from both the municipal and developers’ point not to request the highest
amount? Ms. Kalinick answered that the developer doesn’t have a role in the request, through ongoing
discussions, educational forums, strategic forums, in being a welcoming and more diverse community there
is an argument that local preference can restrict that. Ms. Kalinick continued that in this case we do not
have local funds/lands in this project, it is an opportunity for us to instead of asking for 70% to ask for a little
less at 50%, in this situation we think it is suitable to request 50%. Noting this is a about a 5-unit difference
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 11.29.2021 www.brewster-ma.gov Page 10 of 11
Office of:
Select Board
Town Administrator
and is only for the initial lease up. Ms. Kalinick noted that we probably won’t see 132 units again in Brewster,
this is an opportunity for Brewster residents and non-Brewster residents, which there is a high number from
surrounding towns.
There was some discussion on the affordable units, the units will stay affordable in perpetuity, but the local
preference only applies during the initial lease up. There will be a waitlist after the initial lottery is
completed, and people can continue to apply and be placed on the waitlist for these units. It was noted that
with Brewster Woods, the expectation is that 30 units will be opening next year, there will be a lottery at a
similar time and that request for 70% local preference. Mr. Heaton added that under the law, caregivers who
are under 55+ are allowed in the residence. Adding that Elevation Financial is very accommodating and
compliant in the law and believes families should stay together, the average age in the 55+ communities is
about 63, noting that there isn’t too many with school aged children. It was pointed out that the market rate
units are still affordable, Mr. Heaton stated this was done intentionally as they never want anyone to feel
like second class citizens, Elevation Financial does their best to never have a significant rate difference.
Pointing out that the only reason there is much difference is the capital expenditure on the project, he
believes the pricing for non-affordable is still below standard pricing of rental on the cape.
Selectperson Chatelain moved that the Town of Brewster request the Department of Housing and
Community Development to allow a 50% local preference for the initial fair housing lottery for Serenity
Brewster and authorize Chair Bingham to sign the Local Preference Request Letter. Selectperson Chaffee
second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Chaffee- yes, Selectperson
Whitney-yes, Selectperson Hoffmann-yes, Chair Bingham-yes. The Board vote was 5-Yes, 0-No.
Selectperson Whitney moved that the Select Board approve and authorize Chair Bingham to sign the Local
Initiative Program Local Action Unit Application, with noted edits, for the 27 affordable units at Serenity
Brewster with the understanding that the draft Regulatory Agreement will need final approval from the
Department of Housing and Community Development, Elevation Financial Group and the Town of Brewster.
Selectperson Chaffee second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Whitney-
yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Chair Bingham-yes. The Board vote was 5-Yes, 0-
No.
For Your Information
Mr. Lombardi announced that we are happy to be accepting applications for our Senior and Veteran’s tax
work off program. For those who have participated in the past, they have provided a really important service
for the Town. We are happy to welcome them back once we get into the new calendar year.
Matters Not Reasonably Anticipated by the Chair: None
Questions from the Media: None
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 11.29.2021 www.brewster-ma.gov Page 11 of 11
Office of:
Select Board
Town Administrator
Next Meetings:
December 6 and December 20, 2021
Adjournment
Selectperson Chatelain moved to adjourn at 7:48pm. Selectperson Whitney second. A roll call vote was
taken. Selectperson Chaffee-yes, Selectperson Chatelain- yes, Selectperson Hoffmann-yes, Selectperson
Whitney-yes, Chair Bingham-yes. The Board vote was 5-Yes, 0-No.
Respectfully submitted by Erika Mawn, Executive Assistant
Approved: __________________ Signed: _________________________________________
Date Selectperson Chatelain, Clerk of the Select Board
Accompanying Documents in Packet: Agenda, TA Report, Consent Packet, Firefighter of the Year, NSTAR Electric Company Easement Documents,
Sea Camps Purchase press release and guided tours announcement, Sea Camps Property Manager job description, Proposed charges for Sea
Camps advisory committees, Sea Camps timeline memorandum, Serenity at Brewster LAU, FYI packet
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: Status Update on Potential Town Acquisition of Cape Cod Sea Camps
Properties
DATE: October 29, 2021
Following the affirmative votes by Brewster voters at Town Meeting on September 26
and on the ballot measures at the local election on October 5 to acquire both Cape Cod
Sea Camps properties, Town Administration continues to work through standard due
diligence as outlined in the purchase and sale agreements between the Town and
Sellers including 21E site inspections and updated title research. We have also been
working closely with our financial advisors to issue the $24M in excluded debt necessary
to finance both acquisitions by the November 30 closing deadline. Recognizing
residents are interested in understanding next steps leading up to acquisition and
shortly thereafter, here is a preliminary project timeline of what is anticipated to occur
over the next several months:
November 2021
Officially acquire both properties – tentative November 23 closing date
Implement interim property management plan and insure properties
Continue planning for December 11 Open House for residents at Bay property –
make formal announcement, including pre-registration details
Re-appropriate $185k in funding for consulting services to support new
committees (Special Town Meeting – Article 3)
December 2021
Host Open House at Bay property
Launch online donation option for residents interested in gifting funds to the
Town to help cover acquisition costs
Develop and approve charges for new Sea Camps Comprehensive Plan Advisory
Committees
Begin development of scope of work for consulting services to support new
committees
Office of:
Select Board
Town Administrator
January 2022
Solicit letters of interest to serve on new committees and begin candidate review
process
Finalize scope of work for consulting services and issue solicitation
February 2022
Appoint members to new committees
Review responses to consulting services solicitation and select preferred firm(s)
March 2022
Hold first committee meetings and begin determining comprehensive planning
timelines and community outreach workplans – probability that Long Pond
process will be expedited based on existing uses and definition of proposed
partnerships with Brewster Conservation Trust and Mass Audubon
Start work on short-term public access plan for Spring 2022 and beyond
Review findings of Brewster Elementary School Consolidation Feasibility Study
and consider implications on Bay Parcel Comprehensive Planning process
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator & Donna Kalinick, Assistant Town
Administrator
RE: Upcoming Meeting Schedule & Format for Town Committees
DATE: December 15, 2021
We are recommending that the Board continue the committee meeting format that has
been in place since June 2021 through the months of January and February, particularly
since the Covid numbers in Brewster and the County have risen substantially in the last
month. The State regulation allows for the continuance of remote and hybrid meetings
through April of 2022. The following are a list of committee meeting provisions that we
currently have in place.
In-person/hybrid meetings can be held in Room A or Room B. The hybrid option
has been installed Room B and both rooms are now fully operational.
In-person attendance will be limited to board/committee members and staff only
through February. Attendance is limited to 6 people in order to allow for social
distancing.
Public attendance will continue to be through Zoom webinar through February
28, 2022.
In-person attendees will be required to wear masks in accordance with our mask
mandate in town buildings; rooms are equipped with air purifiers and are
cleaned between meetings.
Committee members and/or staff can opt to participate remotely instead of in-
person.
Most Committees opted to remain virtual during the June to December timeframe.
Some Committees that were initially holding hybrid meetings such as Select Board,
Board of Health and Brewster School Committee switched back to virtual. The
committees who are currently meeting in the hybrid format are: Recreation Commission
and Recycle Commission. We have been able to effectively manage the committee
schedule over the last 7 months and can continue to do so through the busier meeting
season leading up to Town Meeting.
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator & Donna Kalinick, Assistant Town
Administrator
RE: Upcoming Meeting Schedule & Format for Town Committees
DATE: October 14, 2021
We are recommending that the Board continue the committee meeting format that was
adopted in June through the months of November and December. Since the Board
currently has one regular meeting scheduled in November as well as the November 15th
town meeting, it is advisable now to adopt the same format for the next two months
and re-visit the format in January. The State regulation allows for the continuance of
remote and hybrid meetings through April of 2022. The following are a list of committee
meeting provisions that we currently have in place.
In-person/hybrid meetings will be held in Room A. The screen and equipment for
another hybrid option has been delivered and we are just waiting for the vendor
to do the installation Room B.
In-person attendance will be limited to board/committee members and staff only
through December 31st. Attendance is limited to 6 people in order to allow for
social distancing.
Public attendance will continue to be through Zoom webinar through December
31st.
In-person attendees will not be required to wear masks but may choose to do so
in accordance with our mask advisory; rooms are equipped with air purifiers and
are cleaned between meetings
Committee members and/or staff can opt to participate remotely instead of in-
person.
Most Committees opted to remain virtual during the June to October timeframe. Some
Committees that were meeting hybrid such as Select Board and Brewster School
Committee switched back to virtual in September. The committees who are currently
meeting in the hybrid format are: Board of Health, Recreation Commission and Recycle
Commission. We have been able to effectively manage the committee schedule over the
last 5 months.
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator & Donna Kalinick, Assistant Town
Administrator
RE: Upcoming Meeting Schedule & Format for Town Committees
DATE: September 13, 2021
We are recommending the approach to Town board and committee meetings that the
Board adopted in June continue through October:
In-person/hybrid meetings will be held in Room A. We are still working with our
vendor to get a second hybrid option installed in Room B.
In-person attendance will be limited to board/committee members and staff only
through October. Attendance is limited to 6 people in order to allow for social
distancing.
Public attendance will continue to be through Zoom webinar through October
In-person attendees will not be required to wear masks but may choose to do so
in accordance with our recent mask advisory; rooms are equipped with air
purifiers and are cleaned between meetings
Committee members and/or staff can opt to participate remotely instead of in-
person.
Most Committees opted to remain virtual during the June to September timeframe. The
committees who opted for the hybrid meeting format are: Select Board, Brewster
School Committee, Board of Health and Recycle Commission. Select Board and School
Committee recently went back to the virtual format.
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: Upcoming Meeting Schedule & Format for Town Committees
DATE: June 4, 2021
In light of changing state protocols, pending legislation, and currently available
technology, we are recommending the following approach to Town board and
committee meetings starting next month:
In-person/hybrid meetings can be held in Room A only in July and August
In-person/hybrid meetings are anticipated to begin in Room B as well starting in
September
In-person attendance will be limited to board/committee members and staff only
through September
Public attendance will continue to be through Zoom webinar through September
In-person attendees will not be required to wear masks but may choose to do
so; we do not currently plan on installing partitions between attendees; rooms
are equipped with air purifiers and will be cleaned between meetings
Committee members and/or staff can opt to participate remotely instead of in-
person; we anticipate that state legislation will waive in-person quorum
requirements
Initial limit of six (6) individuals attending in-person in Room A, subject to
change
Limits on in-person attendance in Room B (once available) will be based on
circumstances at that time
Due to scheduling conflicts, some committees may not be able to meet in-person
until September
Please see attached memo from Donna Kalinick for more details. I want to express my
appreciation to all of the volunteers who serve on our boards and committees for their
patience and flexibility over the past 15 months. We are hopeful that by early this fall
the state will have determined their policy position and adopted related legislation so
that we can develop a long-term plan for our boards and committee in a way that
maximizes the benefits of both remote and in-person participation.
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Peter Lombardi, Town Administrator
FROM: Donna J. Kalinick, Assistant Town Administrator for Community
Development & Finance
RE: Committee Meetings, July-September 2021
In May, the Town working with BGTV, installed a ZOOM hybrid option in Room A,
anticipating a future need to hold hybrid meetings in the near term. Since then, the
State has lifted regulations and will end the State of Emergency as of June 15th,
suspending provisions that allow for remote meeting participation. We know now that
the State is working on a legislative fix through September 1st. Based on our discussion
with JP Ludwig and Suzanne Bryan, BGTV, the following recommendations are made for
committee meetings and scheduling for the months of July, August and September.
At this time, we can hold one Zoom hybrid in-person meeting and one Zoom fully
remote meeting. We will work to install a second hybrid option in Room B to be
completed by the end of August. At this time, demand for these installations and
services is very high. No public attendance of meetings will occur until at least October.
The following Committees will meet in Room A and have the Zoom hybrid in-person
meeting:
Select Board, Conservation Commission, Planning Board, Board of Health, Affordable
Housing Trust, Brewster School Committee, Natural Resources Advisory, Vision
Planning, CPC, Golf Commission and Recreation Commission
Due to scheduling conflicts, the following Committees will meet remotely:
ZBA, HDC, Housing Partnership, Cultural Council, Assessors, OKHD
**Finance Committee will have the option to meet the 1st and 3rd Wednesdays at 4pm
or they can meet remotely at 6pm
Office of:
Select Board
Town Administrator
The following committees who meet during the day have the option to go hybrid or
remain remote. Due to scheduling, this decision must be made up front for all three
months:
Bikeways, Water Commissioners, WQRC, Cemetery Commission, COA Board, Energy
Committee, Drummer Boy Park Advisory Committee, Historical Commission, Recycle
Commission
Due to the complexity of scheduling, making the rooms safe and ensuring continued
social distancing, the following guidelines will apply:
1-All in person hybrid meetings must end ½ hour prior to the next scheduled
meeting to allow for cleaning in-between
2-In person hybrid meetings will be limited to 6 total people. Committees and their
support town staff will have to determine how that will function for them.
3-Committees may not change their date or time without first talking to
administration who will coordinate changes with BGTV and the Town Clerk’s
office
May 28, 2021
Brewster Conservation Commission
2198 Main St
Brewster, MA 02631
Re: Continuation of Remote Meetings
Dear Commission Members:
The intent of this letter is to inform you that Coastal Engineering Co., Inc. (CEC) is in favor of, and
supports the continuation of remote Conservation hearings, despite the end of the COVID-19
restrictions.
Over the course of the past year, we at CEC have found that participating in remote hearings has been
extremely beneficial, not only for travel time savings, but also for consultants, clients and abutters who
may not have the opportunity to appear in-person.
We at CEC hope that you and the other members of the Commission approve the continuation of
remote meetings indefinitely.
Thank you for your time and consideration.
Respectfully,
COASTAL ENGINEERING CO., INC.
Carla A. Davis
cc: Noelle Aguiar, Conservation Administrator
Archive d: Friday, June 4, 2021 2:28:13 PM
From: McCarthy-Licorish, Lisa N (DPH)
Se nt: Tue, 25 May 2021 12:18:36
To: McCarthy-Licorish, Lisa N (DPH)
Subje ct: Governor Baker Files Legislation to Extend Certain CO VID-19 Emergency Measures
Se ns itivity: Normal
Pre ss Release : https://www.mass.gov/news/governor-bake r-files-l e gislation-to-e xte nd-certai n-covi d-19-emergency-measures
FOR IMMEDIATE RELEAS E:
\u8203 ?May 25, 2021
CONTACT
Governor's Pres s Office\u8203 ?
gov.press @mas s .gov
Governor Bake r File s Legislation to Extend Certain COVID-19
Emergency Measures\u8203 ?
BOSTON — Today, Governor C harlie Baker will file legis lation to extend certain
emergency meas ures currently in place via executive orders that are set to expire on
June 15 when the State of Emergency will be res cinded. Mos t res trictions, including
limitations placed on bus ines s es , will be res cinded effective May 29 as
Mas sachusetts nears the g oal of vaccinating four million res idents.
This legis lation propos es to extend meas ures providing for a temporary s uspens ion of
certain open meeting law requirements , s pecial permits for expanded outs ide dining
at restaurants, and billing protections for COVID-19 patients . When the State of
Emergency ends , thes e orders will expire, and temporarily extending these meas ures
will allow for time to trans ition. Extending thes e meas ures , which were instituted by
executive order, requires leg is lation.
To allow public bodies to s afely meet during the pandemic and ensure public acces s
to meetings, Governor Baker is s ued an Executive Order in March 2020 allowing thes e
bodies to meet quorum requirements even if meetings were held remotely through
electronic means as long as meas ures were taken to ens ure the public with electronic
access to the proceedings . The bill filed by Governor Baker today will extend thes e
provisions related to the C ommonwealth’s Open Meeting Law until September 1,
2021, which will allow additional time to cons ider pos s ible permanent changes to the
open meeting law to provide for g reater flexibility in conducting open meetings
through reliance on electronic s treaming and s imilar meas ures .
The bill will als o grant municipalities authority to extend s pecial permits for
res taurants offering outdoor dining is s ued under the State of Emergency through
November 29, 2021. Under an Executive Order is s ued in 2020, municipalities were
permitted to use an expedited proces s to approve temporary permits for new or
expanded outdoor dining and alcohol s ervice. Without a legis lative extension, s pecial
permits granted under the Governor’s Order will expire 60 days after the end of the
State of Emergency.
The legislation will als o extend a protection adopted in an executive order that
prohibits medical providers from billing patients who have received COVID-related
emergency and inpatient s ervices for charges in exces s of costs paid by their ins urers .
As filed, the protection would extend until January 1, 2022, at which time recently
pass ed federal legis lation that included protections for both emergency and non-
emergency cas es will become effective. Earlier this year, Governor Baker s ig ned
legislation es tablis hing s urpris e billing protections for patients for non-emergency
services.
“Mass achus etts is leading the nation in the vaccination effort and that prog res s is
enabling the Commonwealth to return to normal,” said Governor Charlie Baker.
“Thes e temporary meas ures will help bus ines s es and residents in this trans ition
period, and I look forward to working on thes e and other is sues in the week ahead
with our partners in the Leg is lature.”
Las t week, Governor Baker announced that on May 29, all indus tries will be permitted
to open.
With the exception of remaining face-covering requirements for masks in public and
private trans portation s ys tems , hos pitals and other facilities housing vulnerable
populations , all indus try res trictions will be lifted at that time, and capacity will
increase to 100% for all indus tries . The gathering limit will be res cinded.
Before June 15, the adminis tration plans to take additional s teps that will permit the
continuation of targeted public health meas ures beyond the end of the State of
Emergency, including the mas k requirements announced las t week.
###
FYI (MAIL ) ITEMS December 20, 2021
1.CVEC Report – Future Generation Wind Summary Sep 29-Oct 29, 2021
2.Baker-Polito Administration Announces 2.1 Million At-Home COVID Tests for 102 High-Need
Communities
3.Planning Board Member resignation- Roberta Barrett
4.Radioactive Water Release into Cape Cod Bay Letter from the Association to Preserve Cape Cod
Archive d: Tuesday, December 14, 2021 1:39:33 PM
From: Peter Lombardi
Se nt: Mon, 13 Dec 2021 16:15:23 +0000Authentication
To: Select Board
Cc: Amy von Hone; Donna Kalinick; Conor Kenny; Erika Mawn
Subje ct: FW: Baker-Polito Administration Announces 2.1 Million At-Home COVID Tests for 102 High-Need Communities
Se ns itivity: Normal
FYI – Brewster is not one of these communities. On Cape, Barnstabl e , Eastham, Dennis, and Orleans qual i fy.
Peter Lombardi
Town Administrator
Town of Brewster
508-896-3701 x. 1128
Beginning July 6th, Brewster Town Offices will be open to the public on Tuesdays, Wednesdays, and Thursdays from 8:30 to 4:00pm. Beach and Recycle Permits
are not available in person but can be purchased online or through our mail-in program. For the latest updates on Town services, please visit www.brewster-
ma.gov.
From: McCarthy-Licori sh, Lisa N (DPH) <Lisa.N.McCarthy-Licori sh@mass.gov>
Sent: Monday, De ce mbe r 13, 2021 11:05 AM
To: McCarthy-Li corish, Li sa N (DPH) <lisa.n.mccarthy-l i corish@state.ma.us>
Subject: Bake r-Pol i to Administration Announces 2.1 Mi l l i on At-Home COVID Te sts for 102 Hi gh-Need Communities
FOR IMMEDIATE RELEASE:
De ce mber 13, 2021
CONTACT
Kayla Rosario-Muñoz, EOHHS| Kayl a.RosarioMunoz@mass.gov
Baker-Polito Administration Announces 2.1 Million At-Home COVID Tests for 102 High-N eed Communit ies
State also announces initiative to make purchasing tests easier for municipalities
BOSTON – The Baker-Polito Admi ni strati on today announce d plans to incre ase access to at home COV ID-19 te st kits for
re si de nts across the Commonweal th. The Administration has se cured 2.1 million i Heal th Labs over-the-counter (OTC)
at-home rapid anti gen tests that will be delive red to 102 towns wi th the hi ghest percentage of families be l ow the
pove rty l evel. These free tests wi l l be availabl e for di stri bution to the publ i c by each municipality, with an emphasi s on
incre asing access for individuals and fami l i e s who are faci ng financi al hardshi p.
“Wi th the hol i days approaching, we encourage re si de nts to utilize rapi d te sts as a convenient way to keep fami l y
members and friends safe at gathe rings,” said Governor Charlie Baker. “While these tests are wide l y availabl e at many
pharmaci es and retail locations across the Commonweal th, we are making it even easi er for residents to ge t fre e rapid
te sting through these initiative s.”
“Massachusetts has developed a nation-l e ading te sting infrastructure , wi th free testing available across the
Commonwealth,” said Lt. Governor Karyn Polito. “Increasi ng access to these free OTC rapid antigen te st kits wi l l serve as
another tool to combat COVID-19.”
Whi l e the initi al 2.1 million OTC rapid anti gen tests wi l l be di stri buted to 102 hi gh-need communities across the
Commonwealth, the Administration i s f i nalizing plans to al l ow muni ci paliti es and other public entiti e s to dire ctly
purchase tests from test manuf acturers at fix e d, state -negotiated prices. The Administration poste d a procurement
opportunity on Friday, Decembe r 10 f or manufacturers, and municipal i ties will be abl e to order in January 2022. The
Admi ni strati on wi l l provide more details on how municipal i ties can procure these tests later in the comi ng weeks.
Municipal i ties are able to utilize Ameri can Re scue Plan Act funding, as wel l as Federal COVID-19 Re l i e f funding to
purchase the rapid antigen test ki ts.
At-home COVID-19 rapid antige n te st kits are a fast, e asy and conve ni ent way to test for COV ID-19. In addi tion to the
Admi ni strati on providing iHeal th Labs OTC at-home rapi d antige n te st kits and al l owing muni ci paliti e s to dire ctly
purchase tests, residents can vi si t l ocal pharmacies or order online to purchase rapid test kits on their own, as needed.
Massachusetts performs more COV ID tests than almost any other state in the country thanks to the hundre ds of ex i sting
te sting locations across the Commonweal th, i ncl udi ng 38 free state sponsored Stop the Spre ad testi ng si tes. Residents
can conti nue to access these COVID te sting site s duri ng the hol i days. Al l testing sites are liste d here :
//Mass.gov/gettested.
How these communities were se le cted:
The 102 municipalities in the Commonweal th with the highe st proportion of families at or below the pove rty l e vel are
re ce i ving iHealth Labs OTC at-home rapi d antige n te st kits in this i ni tial distributi on. All twenty of the Commonwe alth’s
most disproporti onately impacted e qui ty communiti e s we re i ncl ude d by these criteria. In total, the 102 muni ci paliti e s
account for nearly 3.7 million Massachuse tts re si de nts.
iHe alth Labs OTC at-home rapi d antige n te st kits wi l l start to be delivered to the eligible communiti e s thi s we e k by the
Massachusetts Emergency Management Agency, in partnershi p wi th the Massachusetts National Guard. Tests wi l l be
distributed proportionally across the 102 communiti e s base d on the proportion of families li ving at or be l ow the
pove rty l evel within their re spe ctive communiti e s.
Whi l e each city or town will be abl e to dete rmine how be st to di stri bute tests wi thin their communi ty municipal i ties
are asked to pri oritize those most i n need, allocating equitably and at l ocati ons accessible to i ndi vidual s and families
who are determi ned to be in hi gh ne e d and as quickl y as possi bl e duri ng the hol i day season.
The Commonwealth is paying $5 pe r test. Al l te sts come in packs of two. The tests can be complete d in 15 minute s
wi thout the need to send a sample to a l aboratory; a mobile phone or computer i s not neede d f or any part of the te st.
Indivi duals 2 years of age and up can use the tests re gardless of vacci nati on status or whethe r or not they have
symptoms.
CDC last week issued guidance on self-te sts l i ke the i Heal th tests, wi th i nformati on on when to consider self-te sting,
how to complete the tests, and how to re act to a positi ve or ne gative resul t. Visit here to view the gui dance.
COVID-19 rapid tests are one of many ri sk-reducti on measures, along wi th vacci nation, that can prote ct i ndi vidual s by
re duci ng the chances of spre ading COV ID-19.
For detai l ed information on testi ng, visit mass.gov/getteste d
###
1
Erika Mawn
From:Colette Williams
Sent:Friday, December 17, 2021 12:09 PM
To:Peter Lombardi; Erika Mawn; Lynn St. Cyr
Subject:FW: Resignation letter
FYI – Her Planning Board term is due to expire in May of 2022 and she is the Planning Board Rep to Water Quality.
Thanks!
Thank you,
Colette M. Williams, MMC/CMMC
Town Clerk
Records Access Officer
Brewster, MA
Beginning July 6th, Brewster Town Offices will be open to the public Tuesday, Wednesday, and Thursday
from 8:30 to 4:00pm. Beach and Recycle Permits are not available in person but can be purchased online
or through our mail-in program. For the latest updates on Town services, please visit www.brewster-
ma.gov
*The Commonwealth of Massachusetts Secretary of State has determined that e-mail is a
public record
From: roberta barrett <rmbarrettinc@icloud.com>
Sent: Friday, December 17, 2021 12:00 PM
To: Colette Williams <cwilliams@brewster-ma.gov>
Subject: Resignation letter
Hi Colette,
Attached below is a photo of my “formal” resignation letter. Kindly let me know if this is sufficient. Thank you!
Roberta Barrett
2
Sent from my iPhone
100% Recycled Paper
482 Main Street | Dennis, MA 02638
Tel: 508-619-3185 | info@apcc.org | www.apcc.org
Andrew Gottlieb
Executive Director
BOARD OF DIRECTORS
Eliza McClennen
President
Steven Koppel
Vice President
Bob Ciolek
Treasurer
Jack Looney
Clerk
John Cumbler
Margo Fenn
Joshua Goldberg
DeeDee Holt
Thomas Huettner
Pat Hughes
Elysse Magnotto-Cleary
Blue Magruder
Stephen Mealy
Wendy Northcross
Kris Ramsay
Robert Summersgill
Charles Sumner
Taryn Wilson
December 17, 2021
RE: Opposition to Pilgrim Discharge of Radioactive Water into Cape Cod Bay
Dear Local Leader:
As the Cape Cod region’s leading nonprofit environmental advocacy and education
organization, the Association to Preserve Cape Cod is very concerned about the
recent proposal by Holtec International, the owner of the Pilgrim Nuclear Power
Station, to discharge up to one million gallons of radioactive water from the plant’s
reactor vessel and spent-fuel pool into Cape Cod Bay.
The release of this contaminated water directly threatens our region’s public health,
the environment, and our local economy. The impact such a discharge would have
on Cape Cod Bay’s diverse and fragile ecosystems is unknown. Human exposure
through the consumption of contaminated shellfish and finfish raises troubling
health concerns that also lead to ramifications for our coastal economy, our
commercial fisheries, and the many businesses that rely on tourism dollars.
Although Holtec has walked back from its plans for near-term discharge of
contaminated water into Cape Cod Bay in 2022, APCC believes it is imperative that
state and federal regulatory agencies and our elected officials understand that Cape
Cod communities stand in firm opposition to any future proposal by Holtec to
release radioactive water from Pilgrim into the bay.
APCC encourages your town to go on record as opposing any plan to discharge
radioactive wastewater into Cape Cod Bay. We have included a sample letter to act
as a guide in communicating to policy makers on this issue , along with the contact
information for recommended recipients.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Andrew Gottlieb
Executive Director
100% Recycled Paper
482 Main Street | Dennis, MA 02638
Tel: 508-619-3185 | info@apcc.org | www.apcc.org
Sample Letter
Dear ___:
The (town body) voted on (date) to go on record as opposing Holtec International’s plan to discharge
one million gallons of radioactive water from the Pilgrim Nuclear Power Station’s reactor vessel and
spent fuel pool into Cape Cod Bay.
As a community located along Cape Cod Bay with (number) year-round residents and (number) seasonal
residents and visitors, we are very concerned about the potential adverse impacts Holtec’s proposed
action would have on our residents’ public health, the environment, and the local economy.
Designated as a State Ocean Sanctuary in 1970, Cape Cod Bay is recognized for its ecological diversity
and significance. Its marine and coastal habitats support many commercially important fish and shellfish
species, as well as state and federally listed birds and marine mammal species. In late winter and spring,
the bay serves as a rich feeding ground for the critically endangered North Atlantic right whale.
Yet Cape Cod Bay’s ecological bounty also underscores its environmental fragility. Cape Cod Bay is
unique in that it is a semi-enclosed embayment that is not conducive to dilution and disbursement of
pollutants. The cumulative effects of radiation combined with the enclosed nature of the bay translate
into too many unknown risks to make the proposed discharge acceptable. From a human health
perspective, the potential for bioaccumulation of radiation in shellfish and finfish that are used as food
sources is of great concern to us. These health concerns also translate into potential threats to our
coastal economy, with ramifications for our commercial fisheries as well as the many businesses that
rely on tourism dollars.
Discharging the contaminated water into Cape Cod Bay is not the only option available to Holtec.
Instead of releasing the water into the bay, the company has other alternative actions to take that
include storing the water at the site, employing evaporation, or trucking the water to another location.
There is too much at stake to gamble with the health of the region’s environment and its residents by
permitting Holtec to use Cape Cod Bay as its dumping ground simply because it is cheaper for the
company to do so.
We therefore state our strong opposition to any plans by Holtec International to discharge water
containing radiation or other contaminants into Cape Cod Bay.
Sincerely,
(Name of Town Body)
100% Recycled Paper
482 Main Street | Dennis, MA 02638
Tel: 508-619-3185 | info@apcc.org | www.apcc.org
List of Contacts
Governor Charlie Baker
Massachusetts State House
24 Beacon St.
Office of the Governor
Boston, MA 02133
Massachusetts Attorney General Maura Healey
Attorney General's Office
1 Ashburton Place, 20th Floor
Boston, MA 02108
U.S. Senator Elizabeth Warren
309 Hart Senate Office Building
Washington, DC 20510
U.S. Senator Edward Markey
255 Dirksen Senate
Office Building
Washington, DC 20510
U.S. Representative William Keating
2351 Rayburn HOB
Washington, DC 20515
State Senator Julian Cyr
State House, 24 Beacon St.
Room 312-E
Boston, MA, 02133
State Senator Susan Moran
State House, 24 Beacon St.
Room 506
Boston, MA, 02133
State Representative Sarah Peake
State House, 24 Beacon St.
Room 7
Boston, MA, 02133
State Representative Timothy Whelan
State House, 24 Beacon St.
Room 542
Boston, MA, 02133
100% Recycled Paper
482 Main Street | Dennis, MA 02638
Tel: 508-619-3185 | info@apcc.org | www.apcc.org
State Representative Kip Diggs
State House, 24 Beacon St.
Boston, MA, 02133
State Representative David Vieira
State House, 24 Beacon St.
Room 167
Boston, MA, 02133
State Representative Dylan Fernandes
State House, 24 Beacon St.
Room 472
Boston, MA, 02133
State Representative Steven Xiarhos
State House, 24 Beacon St.
Boston, MA, 02133
Christopher T. Hanson, Chairman
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
Michael S. Regan, Administrator
U.S. Environmental Protection Agency
Office of the Administrator, 1101A
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
Deborah Szaro, Acting Region 1 Administrator
U.S. Environmental Protection Agency, Region 1
5 Post Office Square - Suite 100
Boston, MA 02109-3912
Martin Suuberg, Commissioner
Massachusetts Department of Environmental Protection
1 Winter St.
Boston, MA 02108