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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 INTERNET ESSENTIALS from Comcast A program designed to expand broadband adoption among low-income American households receiving HUD housing assistance or with at least one child eligible to receive free or reduced price school lunches. Once in the program, participants receive fast, affordable Internet service for $9.95/mo + tax, the option to purchase a com puter for just $150, WiFi router and access to free digital literacy training. To learn more or to apply, please call 1-855-8-INTERNET (1-855-846-8376) or visit InternetEssentials.com. To become a partner, please visit //InternetEssentials.com/partner. 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.) 5 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 6 (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.) 7 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.) 8 (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.) 9 (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.) 10 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.) 11 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.) 12 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 13 (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.) 14 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.) 15 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.) 16 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 Term: 9/18/2021 – 9/17/2031 (10 yrs.) 17 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 18 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 19 (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.) 20 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 21 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 22 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 Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 23 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 Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 24 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 25 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 26 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 27 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 28 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; Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 29 (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 Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 30 (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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 31 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 Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 32 (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 Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 33 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 Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 34 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.) 35 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.) 36 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.) 37 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.) 38 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.) 39 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 Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 40 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.) 41 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.) 3 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.) 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.) 5 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 6 (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.) 7 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.) 8 (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.) 9 (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.) 10 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.) 11 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.) 12 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 13 (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.) 14 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.) 15 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.) 16 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 Term: 9/18/2021 – 9/17/2031 (10 yrs.) 17 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 18 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 19 (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.) 20 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 21 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 22 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 Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 23 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 Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 24 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 25 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 26 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 27 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 28 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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 29 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; Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 30 (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 Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 31 (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. Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 32 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 Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 33 (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 Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 34 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 Renewal Cable Television License for the Town of Brewster, MA Term: 9/18/2021 – 9/17/2031 (10 yrs.) 35 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 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 . 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 This electronic message contains information from Eversource Energy or its affiliates that may be confidential, proprietary or otherwise protected from disclosure. The information is intended to be used solely by the recipient(s) named. Any views or opinions expressed in this message are not necessarily those of Eversource Energy or its affiliates. Any disclosure, copying or distribution of this message or the taking of any action based on its contents, other than by the intended recipient for its intended purpose, is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately and delete it from your system. Email transmission cannot be guaranteed to be error-free or secure or free from viruses, and Eversource 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 Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 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. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 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 Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 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. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 Approved by the Brewster Select Board on: ___________________________ ___________________________ Cynthia Bingham, Chair David Whitney, Vice Chair ___________________________ ___________________________ Edward Chatelain, Clerk Mary Chaffee ___________________________ Kari Hoffmann Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 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. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 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. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 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. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 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: Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 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: Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 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: Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 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 Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 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 Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 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