HomeMy Public PortalAbout20230314 - Select Board - Agenda PacketTOWN OF HOPKINTON
SELECT BOARD MEETING AGENDA
Tuesday, March 14, 2023 6:00 PM
Hopkinton Town Hall, 18 Main St, Hopkinton, MA - Room 215/216
(Executive Session will be held in Room 211)
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6:00 PM CALL TO ORDER
1.EXECUTIVE SESSION
a.Pursuant to M.G.L. c.30A, §21(a) (purpose 3) to consider strategy with respect to
collective bargaining relative to Police, Fire and Communications Unions because an
open meeting may have a detrimental effect on the negotiating position of the
Board;
b.Pursuant to M.G.L. c.30A, §21(a) (purpose 2) to consider strategy with respect to
negotiations with non-union personnel (Town Manager and Police Chief)
c.Pursuant to M.G.L. c.30A, §21(a) (purpose 6) to consider the purchase, lease, sale or
value of real estate in relation to properties in the vicinity of Town Hall, the Jenner
Property (Map R12 Block 9 Lot 0),0 Spring Street,Map R23 Block 100 Lot 0 West
Main Street, Map R23 Block 73 Lot A and Block 73 Lot B Rear West Main Street, and
3 contiguous parcels on College Street totalling 20.74 acres because an open
meeting may have a detrimental effect on the negotiating position of the Board; and
d.Approve Executive Session Minutes (2/28/23)
6:30 PM CALL TO ORDER - OPEN SESSION
2.PLEDGE OF ALLEGIANCE
6:31 PM PUBLIC FORUM
3.Residents are invited to share ideas, opinions or ask questions regarding Town
Government.
6:40 PM CONSENT AGENDA
4.The Select Board will consider the following consent agenda:
a.MINUTES - The Select Board will consider approving the Minutes of the February 28,
2023 meeting.
Page 1
b.MARATHON FUND REQUEST -The Select Board will consider approving the
following Marathon Fund requests:
1.$3,520 for the Friends of Hopkinton Family Day, of which $1,110 will be
used for portable restrooms and $2,410 will be used for Magic World
inflatables.
2.$950 for the Hopkinton High School Parent Post Prom Committee - to
be used for a hypnotist/magician for the post prom party at Urban Air
on 5/12/2023.
6:45 PM PUBLIC HEARING - COMCAST LICENSE RENEWAL
5.The Select Board as a cable television licensing authority under MGL 166A, s.1, is
conducting cable television license renewal proceedings regarding Comcast of
Massachusetts and Verizon New England.The public is invited to comment on the
renewal.
Supporting Exhibits:Comcast License Renewal Documents
6:50 PM EMPLOYEE APPOINTMENTS
6.The Select Board will consider confirming the Town Manager ’s appointment of Diane
Hendrickson to the Treasurer/Collector position and Allison Keaney as the Circulation
and Technical Services Supervisor at the Library.
Supporting Exhibits:Applications and resumes
7:05 PM TEVA, ALLERGEN, CVS, WALMART AND WALGREENS OPIOID SETTLEMENTS
7.The Select Board will consider authorizing the Town Manager to sign the participation
forms, which must be submitted no later than April 18.This settlement is similar to the
prior opioid settlement that the Town opted into. The only difference is that this
settlement would release claims, as to different entities: Teva, Allergan, CVS, Walgreens,
and Walmart. Town Counsel recommends that participation is in the Town's interests.
Supporting Exhibits: National Opioid Settlement Notice and Overview
7:15 PM FY 2024 BUDGET
8.The Select Board will consider adopting the FY2024 Comprehensive Budget (Operating
and Capital) and submitting it to the Appropriation Committee.
Supporting Exhibits:Comprehensive Budget information:Town Meeting
8:00 PM MAY 1, 2023 ANNUAL TOWN MEETING WARRANT
9.The Select Board will consider reviewing the Annual Town Meeting (ATM) and the draft
Warrant. The Select Board will hold a working session with David Daltorio, Town
Engineer/Facilities Director, and John Westerling, Director of Public Works, on articles
pertaining to easements on the ATM Warrant. The Select Board will consider taking
positions on ATM articles. The Board will consider finalizing the language of its own
articles, including the Short Term Rental Bylaw.
Supporting Exhibits:Draft Annual Town Meeting Warrant;Memo and Information on
Town Meeting Accessibility;Easement Plans & Information
8:30 PM MASSACHUSETTS WATER RESOURCES AUTHORITY (MWRA)SOUTHBOROUGH
INTERCONNECTION PROJECT INTERMUNICIPAL AGREEMENT
Page 2
10.The Select Board will consider approving the Intermunicipal Agreement between the
Towns of Southborough and Hopkinton whereby Hopkinton will receive its potable water
supply through a Massachusetts Water Resources Authority (“MWRA”) through a
connection to Southborough’s water lines in order to secure and supply water for
drinking and other uses in Hopkinton.
Supporting Exhibits;Town Manager Cover Memo;MWRA Draft Agreement -March 14
8:50 PM TOWN MANAGER REPORT
11.Town Manager will report on the following:
a.SWAP/TRIC Shared Housing Services (SHSO) Intermunicipal Agreement - Vote to
authorize Town Manager to sign the IMA
b.Main Street Corridor Project
c.Per- and Polyfluoroalkyl Substances (PFAS) treatment project
d.Announce the release of executive session minutes of 12/6/2022
Supporting Exhibits:Town Manager Report
9:00 PM LIAISON REPORTS/BOARD INVITES
12.Supporting Exhibit:FY 23 Liaison Assignments
9:05 PM FUTURE BOARD AGENDA ITEMS
13.Board members will consider identifying future agenda items.
Supporting Exhibit:Board Member Future Agenda Items
9:10 PM ADJOURN
Correspondence to Select Board
1.Board of Appeals Notice of Decision - 9 Bridle Path
2.Board of Appeals Decision - 18 Cedar St.
3.Board of Appeals Public Hearing Notice - 32 Ash St. & 15 East St.
4.Correspondence for March 9th 2023 Select Board Meeting;Correspondence for March 14 Select
Board Meeting
Upcoming Select Board Meetings
1.March 28, 2023
2.April 4, 2023
3.April 11, 2023
4.April 25, 2023
The listed matters are those reasonably anticipated by the Chair to be discussed at the meeting. Not all items may in fact be
discussed and other items not listed may also be brought up for discussion to the extent permitted by law. Unless an agenda
item is a posted public hearing, the matter may be considered earlier than the indicated time if there are last minute
cancellations or other unforeseen events which cause the Board to move more quickly through the agenda.
Page 3
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
1Public (P)
CABLE TELEVISION
RENEWAL LICENSE
GRANTED TO
Comcast Cable Communications Management, LLC
TOWN OF HOPKINTON, MASSACHUSETTS
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
2Public (P)
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS 7
Section 1.1---DEFINITIONS 7
ARTICLE 2 GRANT OF RENEWAL LICENSE 12
Section 2.1---GRANT OF RENEWAL LICENSE 12
Section 2.2---TERM OF RENEWAL LICENSE 12
Section 2.3---NONEXCLUSIVITY OF RENEWAL LICENSE 12
Section 2.4---POLICE AND REGULATORY POWERS 13
Section 2.5---REMOVAL 13
Section 2.6---TRANSFER OF THE RENEWAL LICENSE 13
Section 2.7---EFFECT OF UNAUTHORIZED TRANSFER ACTION 14
ARTICLE 3 CABLE SYSTEM DESIGN 16
Section 3.1---SUBSCRIBER NETWORK 16
Section 3.2---EMERGENCY ALERT OVERRIDE CAPACITY 16
Section 3.3---PARENTAL CONTROL CAPABILITY 16
Section 3.4--- PEG ACCESS VIDEO ORIGINATION LOCATIONS 16
ARTICLE 4 CABLE SYSTEM LOCATION, MAINTENANCE AND OPERATIONAL
STANDARDS 17
Section 4.1---SERVICE AVAILABLE TO ALL RESIDENTS 17
Section 4.2---LOCATION OF THE CABLE TELEVISION SYSTEM 17
Section 4.3---ABOVE GROUND & UNDERGROUND FACILITIES 18
Section 4.4---TREE TRIMMING 18
Section 4.5---RESTORATION TO PRIOR CONDITION 18
Section 4.6---TEMPORARY RELOCATION 18
Section 4.7---DISCONNECTION AND RELOCATION 19
Section 4.8---SAFETY STANDARDS 19
Section 4.9---PEDESTALS 19
Section 4.10---PRIVATE PROPERTY 19
Section 4.11---RIGHT TO INSPECTION OF SYSTEM 19
Section 4.12---CABLE SYSTEM MAPS 20
Section 4.13---SERVICE INTERRUPTION 20
Section 4.14---COMMERCIAL ESTABLISHMENTS 20
Section 4.15---DIG SAFE 20
ARTICLE 5 SERVICES AND PROGRAMMING 21
Section 5.1---BASIC SERVICE 21
Section 5.2---PROGRAMMING 21
Section 5.3---LEASED CHANNELS FOR COMMERCIAL USE 21
Section 5.4---VCR/CABLE COMPATIBILITY 21
Section 5.5---CONTINUITY OF SERVICE 21
ARTICLE 6 PUBLIC, EDUCATIONAL & GOVERNMENTAL ACCESS FACILITIES
& SUPPORT 23
Section 6.1---PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS 23
Section 6.2---PEG ACCESS PROVIDER 23
Section 6.3---PEG ACCESS CHANNELS 23
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
3Public (P)
Section 6.4---PEG ACCESS FUNDING 24
Section 6.5---PEG ACCESS FACILITIES/EQUIPMENT CAPITAL FUNDING 24
Section 6.6---EQUIPMENT OWNERSHIP 25
Section 6.7---ACCESS PROVIDER ANNUAL REPORT 25
Section 6.8---PEG ACCESS CHANNELS MAINTENANCE 25
Section 6.9---PEG ACCESS CABLECASTING [this section to be read in conjunction
with Section 3.4 above]25
Section 6.10---CENSORSHIP 27
ARTICLE 7 28
ANNUAL FUNDING TO THE TOWN 28
Section 7.1---LICENSE FEE PAYMENTS 28
Section 7.2---OTHER PAYMENT OBLIGATIONS AND EXCLUSIONS 28
Section 7.3---LATE PAYMENT 28
Section 7.4---RECOMPUTATION 28
Section 7.5---AFFILIATES USE OF SYSTEM 29
Section 7.6---METHOD OF PAYMENT 29
ARTICLE 8 RATES AND CHARGES 30
Section 8.1---RATE REGULATION 30
Section 8.2---NOTIFICATION OF RATES AND CHARGES 30
Section 8.3---PUBLICATION AND NON-DISCRIMINATION 30
Section 8.4---CREDIT FOR SERVICE INTERRUPTION 30
ARTICLE 9 INSURANCE AND BONDS 31
Section 9.1---INSURANCE 31
Section 9.2---PERFORMANCE BOND 31
Section 9.3---REPORTING 32
Section 9.4---INDEMNIFICATION 32
ARTICLE 10 ADMINISTRATION AND REGULATION 33
Section 10.1---REGULATORY AUTHORITY 33
Section 10.2---PERFORMANCE EVALUATION HEARINGS 33
Section 10.3---NONDISCRIMINATION 33
Section 10.4---EMERGENCY REMOVAL OF PLANT 33
Section 10.5---REMOVAL AND RELOCATION 34
Section 10.6---JURISDICTION & VENUE 34
ARTICLE 11 DETERMINATION OF BREACH & LICENSE REVOCATION 35
Section 11.1---DETERMINATION OF BREACH 35
Section 11.2---REVOCATION OF THE RENEWAL LICENSE 35
Section 11.3---TERMINATION 36
Section 11.4---NOTICE TO TOWN OF LEGAL ACTION 36
Section 11.5---NON-EXCLUSIVITY OF REMEDY 36
Section 11.6---NO WAIVER-CUMULATIVE REMEDIES 36
ARTICLE 12 SUBSCRIBER RIGHTS AND CONSUMER PROTECTION 37
Section 12.1 -- CUSTOMER SERVICE 37
Section 12.2---TELEPHONE ACCESS 37
Section 12.3---CUSTOMER SERVICE CALL CENTER 37
Section 12.4---INSTALLATION VISITS-SERVICE CALLS-RESPONSE TIME 38
Section 12.5---FCC CUSTOMER SERVICE OBLIGATIONS 38
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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Section 12.6---BUSINESS PRACTICE STANDARDS 38
Section 12.7---COMPLAINT RESOLUTION PROCEDURES 39
Section 12.8---REMOTE CONTROL DEVICES 39
Section 12.9---EMPLOYEE IDENTIFICATION CARDS 39
Section 12.10---PROTECTION OF SUBSCRIBER PRIVACY 40
Section 12.11---PRIVACY WRITTEN NOTICE 40
Section 12.13---SUBSCRIBER'S RIGHT TO INSPECT AND VERIFY INFORMATION 40
Section 12.14---PRIVACY STANDARDS REVIEW 40
ARTICLE 13 REPORTS, AUDITS AND PERFORMANCE TESTS 41
Section 13.1---GENERAL 41
Section 13.2---FINANCIAL REPORTS 41
Section 13.3CABLE SYSTEM INFORMATION 41
Section 13.4---IN-HOUSE TELEPHONE REPORTS 41
Section 13.5---SUBSCRIBER COMPLAINT REPORT 41
Section 13.7---QUALITY OF SERVICE 42
Section 13.8---DUAL FILINGS 42
Section 13.9---INVESTIGATION 42
ARTICLE 14 EMPLOYMENT 43
Section 14.1---EQUAL EMPLOYMENT OPPORTUNITY 43
Section 14.2---NON-DISCRIMINATION 43
ARTICLE 15 MISCELLANEOUS PROVISIONS 44
Section 15.1---ENTIRE AGREEMENT 44
Section 15.2---CAPTIONS 44
Section 15.3---SEPARABILITY 44
Section 15.4---ACTS OR OMISSIONS OF AFFILIATES 44
Section 15.5---RENEWAL LICENSE EXHIBITS 44
Section 15.6---WARRANTIES 44
Section 15.7---FORCE MAJEURE 45
Section 15.8---REMOVAL OF ANTENNAS 45
Section 15.9---APPLICABILITY OF RENEWAL LICENSE 45
Section 15.10---NOTICES 45
Section 15.11---NO RECOURSE AGAINST THE ISSUING AUTHORITY 46
Section 15.12---TOWN'S RIGHT OF INTERVENTION 46
Section 15.13---TERM 46
Section 15.14- NO THIRD PARTY BENEFICIARY 46
SIGNATURE PAGE 47
EXHIBIT 1 49
FCC TECHNICAL SPECIFICATIONS 49
EXHIBIT 2 52
PROGRAMMING AND SIGNAL CARRIAGE 52
EXHIBIT 3 53
MUNICIPAL BUILDINGS AND SCHOOLS
EXHIBIT 4
GROSS ANNUAL REVENUES REPORTING FORM 53
EXHIBIT 5 54
207 CMR 10.00 54
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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EXHIBIT 6 57
FCC CUSTOMER SERVICE OBLIGATIONS 57
EXHIBIT 7 59
CABLE DIVISION FORM 500 59
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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A G R E E M E N T
This cable television renewal license entered into by and between the Town of Hopkinton,
Massachusetts, by the Select Board of Hopkinton in its statutory capacity as Issuing Authority for the grant
of the cable television license(s) pursuant to M.G.L. c. 166A, and Comcast Cable Communications
Management, LLC (“Comcast” or the “Licensee”).
W I T N E S S E T H
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 Hopkinton,
Massachusetts (hereinafter the "Town"), said license having commenced on November 15, 2013;
WHEREAS, Licensee filed a written request for a renewal of its license by letter dated May 5, 2021, in
conformity with the Cable Communications Policy Act of 1984 (“Cable Act”) and filed a renewal proposal
dated;
WHEREAS, there has been an opportunity for public comment, including the holding of a license
renewal public ascertainment hearing on October 21, 2021, 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 Select Board, 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 Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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ARTICLE 1
DEFINITIONS
Section 1.1---DEFINITIONS
For the purpose of this Renewal License, the following words, terms, phrases and their derivations shall
have the meanings given herein, unless the context clearly requires a different meaning. When not
inconsistent with the context, the masculine pronoun includes the feminine pronoun, words used in the
present tense include the future tense, words in the plural number include the singular number and words
in the singular number include the plural number. The word shall is always mandatory and not merely
directory.
(1) Access: The right or ability of any Hopkinton resident and/or any Persons affiliated with a Hopkinton
institution to use designated PEG facilities, equipment and/or channels of the Cable Television System,
subject to the conditions and procedures lawfully established by the Issuing Authority or its Access Provider
for such use.
(2) Access Channel: A video channel which the Licensee owns and shall make available, without charge, for
the purpose of transmitting non-commercial programming by members of the public, Town departments
and agencies, public schools, educational, institutional and/or similar organizations, subject to the
conditions and procedures as lawfully established by the Issuing Authority or its Access Provider for such
use.
(3) Access Corporation or Access Provider: The nonprofit, tax exempt 501(c)(3) charitable purpose entity, as
designated by the Issuing Authority from time to time, for the purpose of operating the public, educational
and or governmental access facilities, equipment and channels on the Cable Television System.
(4) Affiliate or Affiliated Person: When used in relation to any Person, means another Person who owns or
controls, is owned or controlled by, or is under common ownership or control with, such Person.
(5) Basic Service: Any Service tier which includes the retransmission of local television broadcast Signals.
(6) CMR: The Code of Massachusetts Regulations.
(7) Cable Act: Public Law No. 98-549, 98 Stat. 2779 (1984) (the Cable Communications Policy Act of 1984), as
amended by Public Law No. 102-385, 106 Stat. 1460 (1992) (the Cable Television Consumer Protection and
Competition Act of 1992, and as further amended by Public Law No. 104-458, 110 Stat. 110 (1996) (the
Telecommunications Act of 1996).
(8) Cable Division: The Cable Television Division of the Massachusetts Department of
Telecommunications and Cable or successor agency if any.
(9) Cable Service or Service: The one-way transmission to Subscribers of Video Programming or other
Programming services, together with Subscriber interaction, if any, which is required for the selection or use
of such Video Programming or other Programming services, which the Licensee may make available to all
Subscribers generally.
(10) Cable Television System or Cable System: A facility consisting of a set of closed transmission paths and
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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associated signal generation, reception, and control equipment that is designed to provide Cable Service
which includes video programming and which is provided to multiple Subscribers within the Town, 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; (D) an open video system that complies with section 653 of the Communications Act;
or (E) any facilities of any electric utility used solely for operating its electric utility systems.
(11) Commercial Subscriber: A commercial, non-residential Subscriber to Cable Service.
(12) Complaint: Any written or verbal contact with the Licensee in connection with subscription in which a
Person expresses dissatisfaction with an act, omission, product or service that is (1) within the Licensee’s
control, and (2) requires a corrective measure on the part of the Licensee.
(13) Converter: Any device changing the frequency of a Signal. A Subscriber Converter may expand
reception capacity and/or unscramble coded Signals distributed over the Cable System.
(14) Department of Public Works ("DPW"): The Department of Public Works of the Town of Hopkinton,
Massachusetts.
(15) Downstream Channel: A channel over which Signals travel from the Cable System Headend or hub
site to an authorized recipient of Programming.
(16) Drop or Cable Drop: The cable that connects an Outlet to the feeder cable of the Cable System.
(17) Educational Access Channel: A specific channel(s) on the Cable System owned and made available
by the Licensee to the Issuing Authority and/or the Issuing Authority’s Access Designee, for the use of
educational institutions and/or the Access Corporation to present non-commercial educational
programming and information to the public subject to applicable law and the terms hereof.
(18) Effective Date of Renewal License (the "Effective Date"): November 15, 2023.
(19) FCC: The Federal Communications Commission, or any successor agency.
(20) Government Access Channel: A specific channel(s) on the Cable System owned and made available by
the Licensee to the Issuing Authority and/or its designees for the presentation of non-commercial
programming and/or information to the public.
(21) Gross Annual Revenues: Revenues received by the Licensee and/or its Affiliates calculated in
accordance with Generally Accepted Accounting Principles (“GAAP”), from the operation of the Cable
Television System for the provision of Cable Service(s) over the Cable Television System including,
without limitation: the distribution of any Service over the Cable System; Basic Service monthly fees and
all other Service fees; any and all Cable Service fees and/or charges received from Subscribers;
installation, reconnection, downgrade, upgrade and any similar fees; all digital Cable Service revenues;
interest collected on Subscriber fees and/or charges; fees paid on all Subscriber fees (‘fee on fee’); all
Commercial Subscriber revenues on a pro-rata basis; fees paid for channels designated for commercial
use; and Converter, remote control and other cable-related equipment rentals and/or leases and/or
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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sales; leased access revenues, home shopping revenues, and advertising revenues. Gross Annual
Revenues shall also include the gross revenue of any other Person which is received directly or indirectly
from or in connection with the operation of the Cable System to the extent that said revenue is
received, through a means which has the effect of avoiding payment of License Fees to the Town that
would otherwise be paid herein. Gross Annual Revenues shall not include actual bad debt that is written
off consistent with Generally Accepted Accounting Principles; provided, however, that all or any part of any
such actual bad debt that is written off, but subsequently collected, shall be included in Gross Annual
Revenues in the period so collected. It is the intention of the parties hereto that Gross Annual Revenues
shall only include such revenue of such Affiliates and/or Persons relating to Signal carriage over the Cable
System and not the gross revenues of any such Affiliate(s) and/or Person(s) itself, where unrelated to such
Signal carriage.
(22) Headend: The electronic control center of the Cable System containing equipment that receives,
amplifies, filters and converts incoming Signals for distribution over the Cable System.
(23) Issuing Authority: The Select Board of the Town of Hopkinton, Massachusetts.
(24) Leased Channel or Leased Access: A video channel that the Licensee shall make available pursuant to
Section 612 of the Cable Act.
(25) License Fee or Franchise Fee: The payments to be made by the Licensee to the Town of Hopkinton
and/or its designee(s), which shall have the meaning as set forth in Section 622(g) of the Cable Act and
M.G.L. Ch. 166A.
(26) Licensee: Comcast Cable Communications Management, LLC, LLC, or any successor or transferee in
accordance with the terms and conditions in this Renewal License.
(27) Normal Business Hours: Those hours during which most similar businesses in Hopkinton are open to
serve customers. In all cases, Normal Business Hours must include some evening hours at least one night
per week and/or some weekend hours.
(28) Origination Capability or Origination Point: An activated cable and connection to an Upstream
Channel, allowing a User(s) to transmit a Signal(s) upstream to a designated location.
(29) Outlet: An interior or exterior receptacle, generally mounted in a wall that connects a Subscriber's
television set or Subscriber-owned equipment to the Cable System.
(30) Pay Cable or Premium Services: Programming delivered for a fee or charge to Subscribers on a per-
channel or group-of-channels basis.
(31) Pay-Per-View: Programming delivered for a fee or charge to Subscribers on a per-program or per-
event basis.
(32) Pedestal: An environmental protection unit used in housing Cable Television System isolation units
and/or distribution amplifiers.
(33) PEG: The acronym for "public, educational and governmental," used in conjunction with Access
Channels, support and facilities.
(34) PEG Access Channels: Any Licensee-owned channel(s) made available by the Licensee and provided for
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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use for the presentation of PEG Access Programming.
(35) Person: Any corporation, partnership, limited partnership, association, trust, organization, other
business entity, individual or group of individuals acting in concert.
(36) Prime Rate: The prime rate of interest at the Federal Reserve Bank.
(37) Public Access Channel: A specific channel(s) on the Cable System owned and made available by the
Licensee to the Issuing Authority and/or the Access Corporation for use by, among others, Hopkinton
residents and/or organizations wishing to present non-commercial Programming and/or information to the
public.
(38) Public Way or Street: The surface of, as well as the spaces above and below, any and all public streets,
avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parkways, bulkheads, dedicated
public utility easements, and all other publicly owned real property having compatible easements within or
belonging to the Town, now or hereafter existing. Reference herein to "Public Way" or "Street" shall not be
construed to be a representation or guarantee by the Town that its property rights are sufficient to permit
its use for any purpose, or that the Licensee shall gain or be permitted to exercise any rights to use property
in the Town greater than those already possessed by the Town.
(39) Renewal License or License: The non-exclusive Cable Television License granted to the Licensee by this
instrument.
(40) Scrambling/encoding: The electronic distortion of a Signal(s) in order to render it unintelligible or un-
receivable without the use of a Converter or other decoding device.
(41) Service: Any Basic Cable Service, any Pay Cable Service, and/or any other Cable Service, which is offered
to any Subscriber or User in conjunction with, or which is distributed over, the Cable System.
(42) Signal: Any transmission of electromagnetic or optical energy which carries Programming from one
location to another.
(43) State: The Commonwealth of Massachusetts.
(44) Subscriber: Any Person, firm, corporation or other entity, who or which contracts with the Licensee and
lawfully receives, for any purpose, a Cable Service provided or distributed by the Licensee by means of, or in
connection with, the Cable Television System.
(45) Subscriber Network: The not less than 750 MHz, bi-directional network, owned and operated by the
Licensee, over which Signals can be transmitted to Subscribers.
(46) Town: The Town of Hopkinton, Massachusetts.
(47) Town Counsel: The Town Counsel of the Town of Hopkinton, Massachusetts.
(48) Trunk and Distribution System: That portion of the Cable System for the delivery of Signals, but not
including Drops to Subscribers’ residences.
(49) Upstream Channel: A channel over which Signals travel from an authorized location to the Cable
System Headend.
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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(50) User: A Person utilizing the Cable Television System, including all related facilities for purposes of
production and/or transmission of electronic or other Signals as opposed to utilization solely as a
Subscriber.
(51) VCR: The acronym for videocassette recorder.
(52) Video Programming or Programming: Programming provided by, or generally considered comparable
to programming provided by, a television broadcast station.
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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ARTICLE 2
GRANT OF RENEWAL LICENSE
Section 2.1---GRANT OF RENEWAL LICENSE
Pursuant to the authority of Chapter 166A of the General Laws of the Commonwealth of Massachusetts,
and subject to the terms and conditions set forth herein, the Select Board of the Town of Hopkinton,
Massachusetts, as the Issuing Authority of the Town, hereby grants a non-exclusive Cable Television
Renewal License to the Licensee authorizing the Licensee to operate and maintain a Cable Television System
within the corporate limits of the Town of Hopkinton. 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.
This Renewal License is subject to the terms and conditions contained in Chapter 166A of the laws of
Massachusetts; the regulations of the FCC; the Cable Act; and all Town, State and federal statutes and
by-laws of general application, as all may be amended.
Subject to the terms and conditions herein, the Issuing Authority hereby grants to the Licensee the right
to lawfully operate and maintain a Cable Television System in, under, over, along, across or upon the
Streets, lanes, avenues, alleys, sidewalks, bridges, highways and other public places having compatible
easements and under the jurisdiction of the Town of Hopkinton within the municipal boundaries and
subsequent additions thereto, including property over, under or on which the Town has a compatible
easement or right-of-way, in accordance with the laws of the United States of America, the Commonwealth
of Massachusetts and the Town of Hopkinton. In exercising rights pursuant to this Renewal License, the
Licensee shall not endanger the lives of Persons, or interfere with any installations of the Town, any public
utility serving the Town or any other Persons permitted to use Public Ways and places.
Grant of this Renewal License does not establish priority for use over other present or future permit
holders or the Town's own use of Public Ways or Streets. Disputes between the Licensee and other parties
regarding use of Public Ways or Streets shall be resolved in accordance with any generally applicable
regulations of the Town and any lawful special laws or Town by-laws and/or regulations enacted hereafter.
Section 2.2---TERM OF RENEWAL LICENSE
The term of this Renewal License shall commence on November 15, 2023 and shall expire at midnight
on November 14, 2033 unless sooner terminated as provided herein.
Section 2.3---NONEXCLUSIVITY OF RENEWAL LICENSE
(a) This Renewal License shall not affect the right of the Issuing Authority to grant to any other Person a
license or right to occupy or use the Public Ways or Streets, or portions thereof, for the construction,
upgrade, installation, operation or maintenance of a Cable Television System within the Town of Hopkinton;
or the right of the Issuing Authority to permit the use of the Public Ways and places of the Town for any
purpose(s) whatsoever. The Licensee hereby acknowledges the Issuing Authority's right to make such grants
and permit such uses.
(b) The grant of any additional cable television license(s) shall not be on terms more favorable or less
burdensome than those contained in this Renewal License.
(i) In the event that the Licensee believes that any additional cable television license(s) have been
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granted on terms and conditions more favorable or less burdensome than those contained in this Renewal
License, the Licensee may request, in writing, that the Issuing Authority convene a public hearing on that
issue. Along with said written request, the Licensee shall provide the Issuing Authority with written reasons
for its belief. At the public hearing, the Issuing Authority shall afford the Licensee an opportunity to
demonstrate that any such additional cable television license(s) are on terms more favorable or less
burdensome than those contained in this Renewal License. The Licensee shall provide the Issuing Authority
with such financial or other relevant information as is reasonably requested.
(ii) Should the Licensee demonstrate that any such additional cable television license(s) have been
granted on terms and conditions more favorable or less burdensome than those contained in this Renewal
License, the Issuing Authority shall consider and negotiate, in good faith, equitable amendments to this
Renewal License.
(c) The issuance of additional license(s) shall be subject to applicable federal law(s), M.G.L. Chapter
166A and applicable regulations promulgated thereunder.
Section 2.4---POLICE AND REGULATORY POWERS
By executing the Renewal License, the Licensee acknowledges that its rights are subject to the powers of
the Town to adopt and enforce general by-laws necessary to the safety and welfare of the public. The
Licensee shall comply with all applicable State laws and or Town by-laws of general applicability, and not
specific to this Renewal License, the Cable System or the Licensee, rules, and regulations governing
construction within a Public Way and shall apply all of such standards to construction within a private way in
the Town. Any conflict between the terms of the Renewal License and any present or future lawful exercise
of the Town's police and regulatory powers shall be resolved in a court of appropriate jurisdiction.
Section 2.5---REMOVAL
Upon termination of the Renewal License by passage of time or otherwise, and unless (1) the Licensee has
its license renewed for another term or (2) the Licensee has transferred the Cable Television System to a
transferee approved by the Issuing Authority, pursuant to applicable law, the Licensee shall, if requested by
the Issuing Authority, remove all of its supporting structures, poles, Trunk and Distribution System, and all
other appurtenances from the Public Ways and places and shall restore all areas. If such removal is not
complete within six (6) months after such termination and Issuing Authority request, the Issuing Authority
may deem any property not removed as having been abandoned. Notwithstanding the above, Licensee
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 revocation, denial of renewal, or any other lawful action to
forbid or disallow Licensee from providing Cable Services, if the Cable System is actively being used to
facilitate any other services not governed by the Cable Act.
Section 2.6---TRANSFER OF THE RENEWAL LICENSE
(a) Neither this Renewal License, nor control thereof, shall be transferred, assigned or disposed of in any
manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any Person, company
and/or other entity holding such Renewal License to any other Person, company and/or other entity,
without the prior written consent of the Issuing Authority, which consent shall not be arbitrarily or
unreasonably withheld or delayed. Such consent shall be given only after a public hearing upon a written
application therefore on forms as may be prescribed by the Cable Division and/or the FCC. An application
for consent to a transfer or assignment, if required, shall be signed by the Licensee and by the proposed
transferee or assignee or by their representatives, evidence of whose authority shall be submitted with the
application.
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(b) Pursuant to applicable federal and State law(s), in considering a request to transfer control of the
Renewal License, the Issuing Authority may consider such factors as the transferee's financial capability,
management experience, technical expertise, legal ability to operate the Cable System under the existing
license and any other criteria allowable under such applicable law(s) and/or regulation(s).
(c) For purposes of this Section 2.6, the word “control” shall comply with the definition of such in 207 CMR
4.01, as may be amended from time to time. Pursuant to 207 CMR 4.01(2), a transfer or assignment of this
Renewal 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 this
Renewal License or control thereof under M.G.L. c. 166A, Section 7. For purposes of this Section 2.6(c) only,
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.
(d) The consent or approval of the Issuing Authority to any assignment or transfer of the Renewal License
granted to the Licensee shall not constitute a waiver or release of the rights of the Town in and to the
streets and Public Ways or any other rights of the Town under the Renewal License, and any such transfer
shall, by its terms, be expressly subordinate to the terms and conditions of this Renewal License.
(e) The Licensee shall promptly notify the Issuing Authority of any action requiring the consent of the
Issuing Authority pursuant to this Section 2.6.
(f) Subject to applicable law, the Licensee shall submit to the Issuing Authority an original and five (5)
copies, unless otherwise required, of the application and FCC Form 394 requesting such transfer or
assignment consent.
(g) The consent of the Issuing Authority shall be given only after a public hearing to consider the written
application for transfer. Unless otherwise allowed by applicable law(s), the Issuing Authority shall make a
decision on said written application within one hundred twenty (120) days of receipt of said application. To
the extent provided for under the Cable Act, after one hundred twenty (120) days, the application shall be
deemed approved.
(h) Any proposed controlling or owning Person or transferee approved by the Issuing Authority shall be
subject to all of the terms and conditions contained in the Renewal License.
Section 2.7---EFFECT OF UNAUTHORIZED TRANSFER ACTION
(a) Any transfer of the Cable System without complying with Section 2.6 above shall be null and void, and
shall be deemed a material breach of this Renewal License.
(b) If the Issuing Authority denies its consent to any such action and a transfer has nevertheless been
effected, the Issuing Authority may revoke and terminate the Renewal License, unless such transfer is
otherwise allowable by applicable law.
(c) The grant or waiver of any one or more of such consents shall not render unnecessary any subsequent
consent or consents, nor shall the grant of any such consent constitute a waiver of any other rights of the
Town.
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ARTICLE 3
CABLE SYSTEM DESIGN
Section 3.1---SUBSCRIBER NETWORK
(a)The Licensee shall continue to own, operate, maintain and make available to all residents of the
Town, subject to Section 4.1, a minimum 750 MHz Subscriber Network. Said Cable System shall be fully
capable of carrying at least seventy-eight (78) video channels in the downstream direction.
(b)The Licensee shall transmit all of its Signals to Hopkinton Subscribers in stereo, provided that
such Signals are available and furnished to the Licensee in stereo.
Licensee shall maintain a Cable Television System, fully capable of providing Cable Service in
accordance with applicable law. The Cable Television System shall conform to the applicable FCC
technical specifications, as amended, contained in Exhibit 1 attached hereto and made a part hereof.
At all times throughout the Renewal License, the Licensee shall meet all applicable FCC technical
standards.
Section 3.2---EMERGENCY ALERT OVERRIDE CAPACITY
The Subscriber Network described in Section 3.1 herein shall comply with the FCC and MEMA
Emergency Alert System (“EAS”) regulations.
Section 3.3---PARENTAL CONTROL CAPABILITY
The Licensee shall comply with all requirements of federal law(s) governing Subscribers’ capability to
control the reception of any channels being received on their television sets.
ARTICLE 4
CABLE SYSTEM LOCATION, MAINTENANCE
AND OPERATIONAL STANDARDS
Section 4.1---SERVICE AVAILABLE TO ALL RESIDENTS
(a) The area to be served is the entire Town of Hopkinton, subject to the limitations set forth herein.
Service shall be provided to every dwelling occupied by a Person requesting Cable Service that can be
reached by the Cable System via the public right of way in the Town or easements in the Town over
which the Town has control, provided that the Licensee is able, in addition, to obtain from owners of
private property any necessary easements and/or permits in accordance with applicable law(s). The
Licensee shall make reasonable efforts to meet with the Issuing Authority regarding any proposed
housing that may have boundary issues, in order to serve customers through legally permissible and cost
effective Hopkinton rights-of-way.
(b) The Licensee shall make its Cable System available to residents of the Town, unless legally
prevented from doing so, subject only to the installation charges herein.
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(c) Installation charges shall be non-discriminatory. A standard aerial installation charge shall be
established by the Licensee which shall apply to any residence located not more than one hundred fifty
feet (150’) from the existing aerial Trunk and Distribution System and additions thereto. The Licensee
may charge residents located more than one hundred fifty feet (150’) from the existing aerial Trunk and
Distribution System, and additions thereto, time and materials charges subject to Licensee first
providing the resident with a verbal estimate, or written estimate if requested, of the costs of a non-
standard installation and subject to such resident consenting to same. The Licensee shall have up to, but
not more than, ninety (90) days in order to survey, design and install non-standard installations that are
more than one hundred fifty feet (150’) from the existing aerial Trunk and Distribution System and
additions thereto, subject to Force Majeure and the completion of utility pole make ready work. Any
dwelling unit within one hundred fifty feet (150’) feet underground from the Trunk and Distribution
System shall be entitled to a standard underground installation, unless the sub-surface of an
underground installation is a hard surface or requires boring through rock or a similar hard surface (i.e.
concrete, asphalt, etc.).
Section 4.2---LOCATION OF THE CABLE TELEVISION SYSTEM
The Licensee shall own, install, operate and maintain the Cable Television System within the Town of
Hopkinton. Licensee-owned poles, towers and other obstructions shall be erected so as not to interfere
with vehicular or pedestrian traffic over Public Ways. The erection and location of all Licensee-owned poles,
towers, if any, and other obstructions shall be in accordance with all applicable State laws and Town by-laws
and regulations.
Section 4.3---ABOVE GROUND & UNDERGROUND FACILITIES
(a) The Licensee shall comply with applicable law(s) regarding any requirement(s) to remove Licensee-
owned poles, overhead wires and associated overhead structures within all or any part or parts of the
Town.
(b) Licensee-owned underground cable lines shall be placed beneath the pavement subgrade in
compliance with applicable Town by-laws, rules, regulations and/or standards. It is the policy of the Town
that existing poles for electric and communication purposes should be utilized wherever possible and that
underground installation is preferable to the placement of additional poles.
(c) Except as provided for in paragraph (a) herein, in the event that the Licensee is required to place
existing aerial plant underground, the Licensee reserves its right to pass those costs through to
Subscribers if and to the extent allowed by applicable law
(d) Nothing in this Section 4.3 shall be construed to require the Licensee to construct, operate, or maintain
underground any ground-mounted appurtenances in the Public Way as of the Effective Date such as
Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or other
related equipment.
Section 4.4---TREE TRIMMING
In the installation of amplifiers, poles, other appliances or equipment and in stringing of cables and/or
wires as authorized herein, the Licensee shall avoid all unnecessary damage and/or injury to any and all
shade and ornamental trees in and along the streets, alleys, Public Ways and places in the Town. The
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Licensee shall be subject to M.G.L. Chapter 87 and shall comply with all rules established by the Issuing
Authority and/or its designee(s) during the term of the Renewal License. All tree and/or root trimming
and/or pruning provided for herein shall be done pursuant to appropriate regulations of the Town.
Section 4.5---RESTORATION TO PRIOR CONDITION
Whenever the Licensee takes up or disturbs any pavement, sidewalk or other improvement of any
Public Way or public place, the same shall be replaced and the surface restored in as good condition as
before entry as soon as practicable. If the 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
the Licensee in writing of the restoration and repairs required and the time fixed for performance
thereof. Upon failure of the Licensee to comply within the specified time period, the Issuing Authority
may cause proper restoration and repairs to be made and the reasonable expense of such work shall be
paid by the Licensee upon demand by the Issuing Authority.
Section 4.6---TEMPORARY RELOCATION
The Licensee shall temporarily raise or lower its wires or other equipment upon the reasonable request of
any Person holding a building moving permit issued by the Town. The expense of such raising or lowering
shall be paid by the Licensee, unless otherwise required or permitted by applicable law. The Licensee shall
be given reasonable notice necessary to maintain continuity of Service.
Section 4.7---DISCONNECTION AND RELOCATION
The Licensee shall, upon reasonable advance notice, without cost to the Town, protect, support,
temporarily disconnect, relocate in the same street or other Public Way and place, or remove from any
Street or any other Public Ways and places, any of its property as required by the Issuing Authority or its
designee(s) 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 governmental capacity.
Section 4.8---SAFETY STANDARDS
The Licensee shall construct, install, operate, maintain and remove the Cable Television System in
conformance with the applicable provisions of the Occupational Safety and Health Administration
regulations, the Massachusetts Electrical Code, the National Electrical Code, the National Electrical Safety
Code, the rules and regulations of the Cable Division and the FCC, all State and local laws of general
applicability, any other generally applicable regulations, and all land use restrictions as the same exist or
may be amended hereafter. Enforcement of such codes shall be by the appropriate regulatory authority.
Section 4.9---PEDESTALS
Pedestals housing passive devices may be installed and utilized by the Licensee in and on the Town’s
Public Way(s) for the provision of Cable Service(s), subject to the Licensee applying for and receiving a
permit for such installation and/or utilization. In any cases in which Pedestals housing passive devices are to
be utilized, in Town Public Ways or within the Town public layout, such equipment must be installed in
accordance with applicable DPW regulations; provided, however, that the Licensee may place active devices
(amplifiers, line extenders, power supplies, etc.) in a low profile electronic control box at Town approved
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locations to be determined when the Licensee applies for a permit. All pedestals and low profile boxes shall
be shown on the Cable System maps submitted to the Town in accordance with Section 4.12 infra. In the
event that the Licensee is no longer utilizing any such Pedestals for Cable Service(s), the Licensee shall
remove any such Pedestals from the Public Ways in a timely manner, unless the Licensee is otherwise
permitted to use such Pedestals pursuant to applicable law.
Section 4.10---PRIVATE PROPERTY
The Licensee shall be subject to all laws, by-laws and/or regulations regarding private property in the
course of constructing, upgrading, installing, operating and maintaining the Cable Television System in the
Town. The Licensee shall promptly repair or replace all private property, real and personal, damaged or
destroyed as a result of the construction, installation, operation or maintenance of the Cable System at its
sole cost and expense.
Section 4.11---RIGHT TO INSPECTION OF SYSTEM
The Issuing Authority or its designee(s) shall have the right, at its cost, to inspect all construction and
installation work performed subject to the provisions of this Renewal License in order to ensure compliance
with the terms and conditions of this Renewal License and all other applicable law. Any such inspection
shall not interfere with the Licensee's operations, except in emergency situations. Except for emergency
situations, the Issuing Authority shall provide the Licensee with timely notice of any such inspection(s). The
Licensee shall have the right to have a representative present at any such inspection. Both parties shall
make a good faith effort to work with each other to schedule any such inspections at a mutually convenient
time.
Section 4.12---CABLE SYSTEM MAPS
The Licensee shall provide the Issuing Authority or its designee, upon written request by the Issuing
Authority, with strand maps of the Cable System. If changes are made in the Cable System located in the
Public Way, the Licensee shall file updated strand maps not more than once annually; provided, however,
Licensee shall not be required to file changed strand map(s) if such a map is filed with a Town department
during any Public Way road opening permit, grant of location, etc. application process.
Section 4.13---SERVICE INTERRUPTION
Except where there exists an emergency situation necessitating a more expeditious procedure, the
Licensee may interrupt Service for the purpose of repairing or testing the Cable Television System only
during periods of minimum use and, when practical, only after a minimum of forty-eight (48) hours’
notice to all affected Subscribers.
Section 4.14---COMMERCIAL ESTABLISHMENTS
The Licensee shall be required to make Cable Service(s) available to any commercial establishments in the
Town, provided that said establishment(s) agrees to pay for installation and subscription costs as
established by the Licensee.
Section 4.15---DIG SAFE
The Licensee shall comply with all applicable "dig-safe" provisions, pursuant to M.G.L. Chapter 82, Section
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ARTICLE 5
SERVICES AND PROGRAMMING
Section 5.1---BASIC SERVICE
The Licensee shall provide a Basic Service which shall include all Signals which are required to be carried by
a Cable Television System serving the Town pursuant to applicable federal statute or regulation.
Section 5.2---PROGRAMMING
(a) Pursuant to Section 624 of the Cable Act, the Licensee shall maintain the mix, quality and broad
categories of Programming set forth in Exhibit 2, attached hereto and made a part hereof. Pursuant to
applicable federal law, all Programming decisions, including the Programming listed in Exhibit 2, attached
hereto, are at the sole discretion of the Licensee.
(b) Pursuant to the rules and regulations of the Cable Division, the Licensee shall provide the Issuing
Authority and all Subscribers with notice of its intent to substantially change the Hopkinton Programming
line-up at least thirty (30) days before any such change is to take place, and the Licensee shall provide
Subscribers with a channel line-up card or other suitable marker indicating the new channel line-up.
(c)The written notices required by this section may be provided electronically as permitted by 47 C.F.R. §
76.1600.
Section 5.3---LEASED CHANNELS FOR COMMERCIAL USE
Pursuant to Section 612 (b)(1)(B) of the Cable Act, the Licensee shall make available channel capacity for
commercial use by Persons unaffiliated with the Licensee.
Section 5.4---VCR/CABLE COMPATIBILITY
(a) Licensee will continue to comply with equipment compatibility requirements in accordance with
applicable law and regulation.
(b) The Licensee reserves its right to Scramble or otherwise encode any cable channel(s), as is reasonably
necessary, in the Licensee's judgment, to protect the Licensee from unauthorized reception of its Signals, in
accordance with applicable law(s).
(c) Pursuant to the rules and regulations of the Cable Division, as may be amended from time to time, the
Licensee shall give notice in writing of its policies and practices regarding equipment to potential
Subscribers before a subscription agreement is reached and annually to all existing Subscribers.
Section 5.5---CONTINUITY OF SERVICE
It shall be the right of all Subscribers to receive Cable Service insofar as their financial and other
obligations to the Licensee are honored; provided, however, that the Licensee shall have no obligation
to provide Cable Service to any Person who or which the Licensee has a reasonable basis to believe is
utilizing an unauthorized Converter and/or is otherwise obtaining any Cable Service without required
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payment thereof. The Licensee shall ensure that all Subscribers receive continuous, uninterrupted Cable
Service, except for necessary Service interruptions or as a result of Cable System or equipment failures.
When necessary, non-routine and material Service interruptions can be anticipated, the Licensee shall
notify Subscribers of such interruption(s) in advance.
Section 5.6---DROPS & MONTHLY SERVICE TO PUBLIC BUILDINGS AND PUBLIC
SCHOOLS –
The Licensee shall provide a Cable Drop, Outlet and Basic Service along its cable routes to public
schools, police and fire stations, public libraries, and other public buildings designated in writing by the
Issuing Authority, including those listed in Exhibit 3, attached hereto and made a part hereof. If the
Licensee intends to charge for the Cable Drop(s), Outlet(s) required herein or Basic Service, the parties
shall adhere to the procedures and timelines in accordance with the FCC’s 2019 Third Report and Order
in the Matter of Implementation of Section 621 of the Cable Act (the “621 Order”), as such 621 Order
may be amended from time to time.
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ARTICLE 6
PUBLIC, EDUCATIONAL & GOVERNMENTAL ACCESS FACILITIES & SUPPORT
Section 6.1---PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS
The Access Provider, as designated by the Issuing Authority, shall continue to be responsible for the
provision of PEG Access Programming to Subscribers and the Town, pursuant to the provisions of this Article
6 herein.
Section 6.2---PEG ACCESS PROVIDER
The Access Provider, acting as a nonprofit corporation subject to and in accordance with Section 501(c)(3)
of the Internal Revenue Code, shall provide services to Subscribers, 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 PEG Access annual funding, subject and pursuant to Section 6.4 below, applicable law
regarding cable license funding and the terms hereof;
(3)Purchase, maintain and/or lease PEG Access equipment, with the capital funds allocated to the Access
Provider by the Issuing Authority subject to and pursuant to applicable law for such purposes in Section 6.5
below and subject to the terms hereof;
(4)Conduct training programs in the skills necessary to produce PEG Access Programming;
(5)Establish rules, procedures and guidelines for use of the PEG Access Channels, subject to and in
accordance with applicable law and subject to the Issuing Authority review.
(6)Accomplish such other tasks relating to the operation, scheduling and/or management of PEG Access
Channels, facilities and equipment as appropriate and necessary; and
(7)Produce or train Users in the production of original, noncommercial, PEG Access Video Programming
of interest to Subscribers and focusing on Town issues, events and activities.
Section 6.3---PEG ACCESS CHANNELS
(a)As of the Effective Date the Licensee shall continue to make available for use by the Issuing
Authority and/or the Access Provider three (3) Licensee-owned downstream PEG Access Channels for PEG
Access purposes, which shall be used to transmit non-commercial PEG Access Programming to Subscribers,
at no cost to the Town and/or the Access Provider and shall be subject to the control and management of
the Issuing Authority and/or the Access Provider, subject to the terms herein. Subject to the requirements
of Section 6.9, the Licensee shall make available one (1) High Definition (HD) PEG Access Channel for PEG
Access purposes which shall replace one of the existing standard definition 3 PEG Access Channels. Said HD
PEG Access Channel shall be made available within twenty-four (24) months of the Effective Date of this
Renewal License. In conjunction with the provision of such HD PEG Access Channels, Licensee shall install,
own, operate and maintain SD-SDI encoders and associated equipment for the other two (2) PEG Access
Channels.
(b) Said High Definition PEG Access Channel shall be a PEG Access Channel in the high definition
display format for digital television transmissions with video transmitted in a 16:9 aspect ratio with a
resolution of 720p or such higher resolution which shall be determined by the Licensee in its sole
discretion.
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(c)The Licensee shall not move or otherwise relocate the channel locations of the PEG Access
Channels, referenced in paragraph (a) above, without the advance, written notice of not less than sixty (60)
days to the Issuing Authority and/or its designee(s).
Section 6.4---PEG ACCESS AND ISSUING AUTHORITY CABLE RELATED FUNDING
(a) The Licensee shall make quarterly PEG franchise fee payments to the Issuing Authority for the
designated Access Provider, subject to and in accordance with applicable laws, equal to four and eight
tenths percent (4.8%) of its Gross Annual Revenues, and shall make quarterly payments to the Issuing
Authority for Issuing Authority PEG Access operations equal to two tenths of one percent (0.2%) of its
Gross Annual Revenues, less state and local License Fees payable under M.G.L. Chapter 166A, Section 9.
(b) The first payments under Section 6.4(a) shall be made on or before February 15, 2024 for the previous
period of November 15, 2023 to December 31, 2023. Thereafter, payments pursuant to Section 6.4(a)
shall be made on a quarterly basis: (i) on or before May 15th of each year of this Renewal License for the
previous three (3) month period of January, February and March; (ii) on or before August 15th for the
previous three (3) month period of April, May and June; (iii) on or before November 15th of each year of this
Renewal License for the previous three (3) month period of July, August and September; and (iv) on or
before February 15th of each year of this Renewal License for the previous three (3) month period of
October, November and December. The final payment under Section 6.4(a) shall be made on or before
February 15, 2034 for the period of October 1, 2033 to November 14, 2033.
(c) For each of the quarterly payments made pursuant to Section 6.4(b), Licensee shall file a statement
certified by an authorized representative of the Licensee documenting, in reasonable detail, the total of all
Gross Annual Revenues of the Licensee during the preceding three (3) month reporting period(s) including a
quarterly Gross Annual Revenues report in a form substantially similar to the form attached as Exhibit 4. If
the Licensee's quarterly payments to the Issuing Authority’s Access Provider and to the Issuing Authority
were less than the percent (%) of the Licensee’s Gross Annual Revenues required under Section 6.4(a)
above for the respective reporting period, the Licensee shall pay any balance due Issuing Authority’s Access
Provider and/or Issuing Authority, as applicable, no later than the due date of the next quarterly payment
subsequent to the discovery of such underpayment. Said statement shall list all of the general categories
comprising Gross Annual Revenues as defined in Section 1.1(21) supra.
(d) In no case shall the payment(s) pursuant to this Section 6.4 include the equipment and related
funding required by Section 6.5 below. Said Section 6.4 payments shall be considered a Franchise Fee,
unless otherwise provided for by applicable law.
(e) In the event that the Issuing Authority’s Access Provider and/or Issuing Authority payments pursuant
to Section 6.4 are not tendered on or before the dates fixed in paragraph (b) above, interest due on such
fee shall accrue from the date due at the rate of the Prime Rate, on the last day of business of the prior
month. Any payments to the Issuing Authority’s Access Provider or Issuing Authority pursuant to this
Section 6.4(e) shall not be deemed to be part of the funding to be paid to the Issuing Authority’s Access
Provider or Issuing Authority pursuant to Section 6.4(a) through 6.4(d) and shall be within the exclusion to
the term "franchise fee" for requirements incidental to enforcing the Renewal License pursuant to Section
622(g)(2)(D) of the Cable Act.
Section 6.5---PEG ACCESS FACILITIES/EQUIPMENT CAPITAL FUNDING
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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(a) The Licensee shall provide the following two (2) separate funding sources to the Issuing Authority
and the Access Corporation, as set forth below and as directed by the Issuing Authority in writing, for
PEG Access and Town PEG cable-related equipment and facilities capital purposes:
(1) Payment of Ninety-Six Thousand Five Hundred Dollars ($96,500.00) payable in ten equal
annual payments of Nine Thousand Six Hundred Fifty Dollars ($9,650.00) shall be provided to the Access
Corporation with the first of such annual payments on or before February 15, 2024 and the remaining
such annual capital payments on or before February 15, 2024 of each of the subsequent nine years.
(2) Thirty-Three hundredths of one percent (.33%) of the Licensee’s Gross Annual Revenues, as
defined in Section 1.1(21) supra, shall be provided, to the Issuing Authority for Town PEG Access cable-
related purposes, as follows: the first .33% payment shall be made on or before February 15, 2024 for the
previous period from November 15, 2023 to December 31, 2023. Thereafter, .33% payments shall be made
on a quarterly basis: (i) on or before May 15th of each year of this Renewal License for the previous (3)
month period of January, February and March; (ii) on or before August 15th of each year of this Renewal
License for the previous three (3) month period of April, May and June; (iii) on or before November 15th of
each year of this Renewal License for the previous three (3) month period of July, August and September;
and (iv) on or before February 15th of each year of this Renewal License for the previous three (3) month
period of October, November and December. The final .33% payment shall be made on or before February
15, 2034 for the previous period from October 1, 2033 to November 14, 2033.
(3) The Licensee shall file with each of said thirty-three hundredths of one percent (.33%)
quarterly payments a statement certified by an authorized representative of the Licensee documenting, in
reasonable detail, the total of all Gross Annual Revenues of the Licensee during the preceding three (3)
month reporting period(s). If the Licensee's quarterly payments to the Issuing Authority were less than
thirty-three hundredths of one percent (.33%) of the Licensee’s Gross Annual Revenues for the reporting
period, the Licensee shall pay any balance due to the Issuing Authority no later than the quarterly payment
subsequent to the discovery of such underpayment. Said statement shall list all of the general categories
comprising Gross Annual Revenues as defined in Section 1.1(21) supra.
(4) In no case shall said thirty-three hundredths of one percent (.33%) payment(s) include the
Cable-Related/PEG Access funding required by Section 6.4 and 6.5 supra.
(b) In no case shall the equipment/facilities funding payments herein be counted against either (i) the
License Fee payment, required by Section 7.1 infra; and/or (ii) any other fees or payments required by
applicable laws.
(c) In the event that the equipment/facilities payments required to be made herein are not tendered on or
before the dates fixed herein, interest due on such required payment shall accrue from the date due and be
paid to the Issuing Authority and/or the Access Corporation at the annual rate of the Prime Rate. Any such
late payments to the Issuing Authority pursuant to this Section 6.6(c) shall not be deemed to be part of the
funding to be paid to the Issuing Authority or Access Corporation pursuant to Sections 6.4 or 6.5 and shall
be within the exclusion to the term "franchise fee" for requirements incidental to enforcing the Renewal
License pursuant to Section 622(g)(2)(D) of the Cable Act.
Section 6.6---EQUIPMENT OWNERSHIP
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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The Town and or/the Access Provider, as determined by the Issuing Authority, shall own all PEG Access
equipment purchased with funding pursuant to Article 6. The Licensee shall have no obligation for
maintenance, repair or replacement of such equipment; however, encoders owned by Licensee as provided
in Sections 6.9 (c) and (d) shall be the responsibility of Licensee.
Section 6.7---ACCESS PROVIDER ANNUAL REPORT
Upon the written request of the Licensee and/or the Issuing Authority, the Issuing Authority’s Access
designee shall provide the Licensee and Issuing Authority with a copy of the Access Provider’s annual
Form PC submitted to the Division of Public Charities and the Form 990.
Section 6.8---PEG ACCESS CHANNELS MAINTENANCE
The Licensee shall monitor the PEG Access Channels for technical quality and shall ensure that they are
maintained, at a minimum, at the standards commensurate with those which apply to the Cable System’s
commercial channels.
Section 6.9---PEG ACCESS CABLECASTING
(a) In order that the Issuing Authority, its designee(s) and/or the Access Corporation can cablecast its PEG
Access Programming over the Subscriber Network PEG Access Downstream Channels, all PEG Access
Programming shall be provided to the Licensee at the input of the Licensee-owned encoders to be located
at the PEG Access Studio at 77 Main Street, Hopkinton which shall be the demarcation point between
Licensee’s equipment and the PEG Access provider’s equipment. From the demarcation point (at the input
into the Licensee-owned encoders), PEG Access Programming shall be transported via the existing fiber
connection between the existing Hopkinton Access studio and the Licensee’s Headend at no charge to the
Town and/or Access designee. The Town’s Access Designee will be responsible for providing PEG signals,
including those from remote origination sites, to Licensee at the Town's Access Corporation studio (77 Main
Street, Hopkinton) and the Licensee shall have no further responsibility to provide PEG Access return line
capability from any remote location other than said studio.
(b) The Licensee shall ensure that said PEG Access Programming is automatically switched electronically at
the Headend or hub site to the appropriate Subscriber Network PEG Access Downstream Channel, in an
efficient and timely manner. At the Headend or the hub site, said PEG Access Programming shall be
retransmitted in the downstream direction on one of the Subscriber Network PEG Access Downstream
Channels. The Licensee shall not charge the Issuing Authority, its designee(s) and/or the Access Corporation
for such electronic switching responsibility. Any manual switching shall be the responsibility of the Access
Corporation or the Issuing Authority. The Licensee and the Issuing Authority shall discuss in good faith any
difficulties that arise regarding cablecasting of PEG Access Programming.
(c) The Licensee shall maintain, repair and/or replace any Licensee-owned Headend or hub site Signal
processing equipment including but not limited to the encoders at the 77 Main Street. site as set forth in
Section 6.9(d). The Access Corporation shall maintain, repair and/or replace the studio or processing
equipment, portable modulators and demodulators and processors owned and operated by the Access
Corporation or the Town. Unless otherwise agreed to, the demarcation point between the Licensee’s
equipment and/or the Town’s or the Access Corporation’s equipment shall be at the input of the Licensee-
owned encoder(s) or equivalent device used for video Signal transport.
(d) As part of the PEG access video return system described above in subsection (a),subject to payment by
the Town, the Licensee shall install and operate standard definition serial digital interface (SD/SDI)
equipment for two (2) PEG Access Channels and equipment for one (1) high definition (HD) access channels.
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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Said PEG access video return system shall be installed by Licensee at the existing Access Provider (77 Main
Street) studio and its own facilities not later than twenty four (24) months from the Effective Date of this
Renewal License. The Licensee shall own, maintain and repair, and replace if needed, said equipment for
the entire term of this Renewal License. The costs for this SD/SDI/HD upgrade may be passed through by
the Licensee to Subscribers to the extent allowed by applicable law and regulations.
(e) In the event of a relocation initiated by the Town and Access Provider of the existing Access Provider
studio, hubsite and demarcation point from 77 Main Street, such as costs related to Licensee replacing,
relocating or changing the hub site equipment or connectivity facilities pursuant to this Section 6.9 shall be
the sole cost of the Access Corporation, subject to the Licensee not initiating, causing or being responsible
for the need for such equipment or connectivity facilities relocation or replacement. No such additional
studio or hub site relocation shall occur at Access Corporation expense without Licensee providing a written
estimate to the Town and Access Corporation in advance, and the Town and Access Corporation approving
and consenting to Licensee’s estimate. The Licensee shall not be required to commence relocating said
equipment or facilities until it receives from the Access Corporation payment of the entire project estimated
cost. Licensee shall complete said relocation project, if any, no later than twelve (12) months after receiving
said payment of the entire project cost.
Section 6.10---CENSORSHIP
Neither the Licensee nor the Town shall engage in any program censorship or any other control of the
content of the public access Programming on the Cable System, except as otherwise required or
permitted by applicable law. Licensee shall not engage in any program censorship or any other control
of the content of the educational or governmental access Programming on the Cable System, except as
otherwise required or permitted by applicable law. The Issuing Authority reserves its rights subject to
applicable law regarding ultimate control of content on government access and educational access
programming.
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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ARTICLE 7
ANNUAL FUNDING TO THE TOWN
Section 7.1---LICENSE FEE PAYMENTS
(a) Pursuant to Massachusetts General Laws Chapter 166A, Section 9, the Licensee shall pay to the Town,
throughout the term of this Renewal License, a License Fee equal to fifty cents ($.50) per Subscriber per
year or such other amount as may in the future be allowed pursuant to State and/or federal law. The
number of Subscribers, for purposes of this section, shall be calculated in compliance with applicable law(s).
(b) The Licensee shall not be liable for a total License Fee 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 the following: (i) the PEG Access Funding pursuant to Section 6.4 supra
and (ii) any License Fees that may be payable to the Town, the State or other government payments that
meet the federal Cable Act definition of Franchise Fee or License Fees; provided, however, that said five
percent (5%) shall not include the following: (i) any interest due herein to the Town or the Access Provider
because of late payments; (ii) the equipment/facilities funding payments payable to the Issuing Authority
and/or the Access Provider pursuant to Section 6.5 supra, (iii) any exclusion to the term “franchise fee”
pursuant to Section 622(g)(2) of the Cable Act.
Section 7.2---OTHER PAYMENT OBLIGATIONS AND EXCLUSIONS
(a) The License Fee shall be in addition to and shall not constitute an offset or credit against any and all
taxes or other fees or charges of general applicability which the Licensee and/or any Affiliated Person
shall be required to pay to the Town, or to any State or federal agency or authority, as required herein
or by law; the payment of said taxes, fees or charges shall not constitute a credit or offset against the
License Fee which shall be a separate and distinct obligation of the Licensee and each Affiliated Person.
The Licensee herein agrees that no such taxes, fees or charges shall be used as offsets or credits against
the License Fee, except as permitted by applicable law.
(b) In accordance with Section 622(h) of the Cable Act, nothing in the Cable Act or the Renewal License
shall be construed to limit any authority of the Issuing Authority to impose a tax, fee or other assessment of
any kind on any Person (other than the Licensee) with respect to Cable Service or other communications
Service provided by such Person over the Cable System for which charges are assessed to Subscribers but
not received by the Licensee. For any twelve (12) month period, the fees paid by such Person with respect
to any such Cable Service or any other communications Service shall not exceed five percent (5%) of such
Person's gross revenues derived in such period from the provision of such service over the System.
Section 7.3---LATE PAYMENT
In the event that the License Fees herein required are not tendered on or before the dates fixed in Section
7.1 above, interest due on such fee shall accrue from the date due at rate of the Prime Rate. Any payments
to the Town pursuant to this Section 7.3 shall not be deemed to be part of the License Fees to be paid to the
Town pursuant to Section 7.1 and shall be within the exclusion to the term "franchise fee" for requirements
incidental to enforcing the Renewal License pursuant to §622(g)(2)(D) of the Cable Act.
Section 7.4---RECOMPUTATION
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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(a) Tender or acceptance of any payment shall not be construed as an accord that the amount paid
pursuant to this Renewal License is correct, nor shall such acceptance of payment be construed as a
release of any claim that the Issuing Authority may have, including interest, pursuant to Article 6 supra.
All amounts paid shall be subject to audit and recomputation by the Issuing Authority, which shall be
based on the Licensee's fiscal year and shall occur in no event later than three (3) years after the License
Fees are tendered with respect to such fiscal year.
(b) If the Issuing Authority has reason to believe that any such payment(s) are incorrect, the Licensee
shall have thirty (30) days to provide the Issuing Authority with additional information documenting and
verifying the accuracy of any such payment(s). In the event that the Issuing Authority does not believe
that such documentation supports the accuracy of such payment(s), the Issuing Authority may conduct
an audit of such payment(s). Upon reasonable written notice, the Issuing Authority shall have the right
to inspect any records relating to Gross Annual Revenues, as defined herein, in order to establish the
accuracy of any payments to the Issuing Authority tendered hereunder.
(c) If, after such audit and recomputation, an additional fee is owed to the Issuing Authority, such fee
shall be paid within thirty (30) days after such audit and recomputation. The interest on such additional
fee shall be charged from the due date at the Prime Rate during the period that such additional amount
is owed. If, after such audit and recomputation, the Licensee has overpaid, such overpayment shall be
credited against the next required PEG Access payment to the Issuing Authority, without interest
charges of any kind.
Section 7.5---AFFILIATES USE OF SYSTEM
Use of the Cable System by Affiliates shall be in compliance with applicable State and/or federal laws, and
shall not detract from Services provided to Hopkinton.
Section 7.6---METHOD OF PAYMENT
All License Fee payments by the Licensee to the Town pursuant to Section 7.1(a) of this Renewal License
shall be made payable to the Town and deposited with the Town Treasurer, or upon written request of the
Issuing Authority shall be payable to the Issuing Authority’s PEG Access designee.
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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ARTICLE 8
RATES AND CHARGES
Section 8.1---RATE REGULATION
The Town reserves the right to regulate the Licensee's Basic Service rates and charges to the extent
allowable under State and federal laws.
Section 8.2---NOTIFICATION OF RATES AND CHARGES
(a) In accordance with applicable law, the Licensee shall file with the Issuing Authority schedules which
shall describe all Services offered by the Licensee, all rates and charges of any kind, and all terms or
conditions relating thereto. Thirty (30) days prior to changing one of its policies and/or practices, the
Licensee shall notify, in writing, the Cable Division, the Issuing Authority and all affected Subscribers of the
change, including a description of the changed policy and/or practice, in a typeface that can be easily read
and understood by Subscribers.
(b) In accordance with applicable law, at the time of initial solicitation or installation of Service, the
Licensee shall also provide each Subscriber with an explanation of downgrade and upgrade policies and the
manner in which Subscribers may terminate Cable Service. Subscribers shall have at least thirty (30) days
prior to the effective date of any rate increase to either downgrade Service or terminate Service altogether
without any charge. Change of Service policies shall be in compliance with 207 CMR 10.00 et seq., attached
as Exhibit 5.
Section 8.3---PUBLICATION AND NON-DISCRIMINATION
All rates for Subscriber Services shall be published and non-discriminatory. A written schedule of all rates
shall be available upon request during business hours at the Licensee's business office. Nothing in the
Renewal License shall be construed to prohibit the reduction or waiver of charges in conjunction with
promotional campaigns for the purpose of attracting or maintaining Subscribers.
Section 8.4---CREDIT FOR SERVICE INTERRUPTION
Pursuant to applicable law(s), in the event that Service to any Subscriber is interrupted for twenty-four
(24) or more consecutive hours, the Licensee shall grant such Subscriber a pro rata credit or rebate.
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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ARTICLE 9
INSURANCE AND BONDS
Section 9.1---INSURANCE
(a) The Licensee shall carry insurance throughout the term of this Renewal License and any
removal period, pursuant to M.G.L. Chapter 166A, §5(f), with the Town as an additional insured, with an
insurance company satisfactory to the Issuing Authority, indemnifying the Town and the Licensee from and
against all claims for injury or damage to Persons or property, both real and personal, caused by the
construction, installation, operation, maintenance and/or removal of the Cable Television System. The
amount of such insurance against liability for damage to property shall be no less than One Million Dollars
($1,000,000.00) as to any one occurrence. The amount of such insurance for liability for injury or death to
any Person shall be no less than One Million Dollars per occurrence ($1,000,000.00). The amount of such
insurance for excess liability shall be Five Million Dollars ($5,000,000.00) in umbrella form.
(b) The Licensee shall carry insurance against all claims arising out of the operation of motor vehicles and
general tort or contract liability in an amount not less than One Million Dollars ($1,000,000.00) per
occurrence.
(c) All insurance coverage, including Workers' Compensation in amounts as required by applicable law,
shall be maintained throughout the entire term of this Renewal License. All expenses incurred for said
insurance shall be at the sole cost and expense of the Licensee.
(d) The following conditions shall apply to the insurance policies required herein:
(i) Such insurance shall commence no later than the Execution Date of this Renewal License.
(ii) Such insurance shall be primary with respect to any insurance maintained by the Town and shall
not call on the Town's insurance for contributions.
(iii) Such insurance shall be obtained from brokers or carriers authorized to transact insurance
business in the State.
Section 9.2---PERFORMANCE BOND
(a)The Licensee shall maintain at its sole cost and expense throughout the term of the Renewal License a
faithful performance bond running to the Town, with good and sufficient surety licensed to do business in
the State in the sum of Fifty Thousand Dollars ($50,000.00). Said bond shall be conditioned upon the
faithful performance and discharge of all of the obligations imposed by this Renewal License.
(b)The performance bond shall be effective throughout the term of the Renewal License, including the time
for removal of all of the facilities provided for herein, and shall be conditioned that in the event that the
Licensee shall fail to comply with any one or more provisions of the Renewal License, the Town shall
recover from the surety of such bond all damages suffered by the Town as a result thereof, pursuant to
the provisions of Section 11.1 infra.
(c)Said bond shall be a continuing obligation of the Renewal License, and thereafter until the Licensee has
satisfied all of its obligations to the Town that may have arisen from the grant of the Renewal License or
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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from the exercise of any privilege herein granted. In the event that the Town recovers from said surety,
the Licensee shall take immediate steps to reinstate the performance bond to the appropriate amount
required herein. Neither this section, any bond accepted pursuant thereto, nor any damages recovered
thereunder shall limit the liability of the Licensee under the Renewal License.
Section 9.3---REPORTING
Upon written request of the Issuing Authority, the Licensee shall submit to the Issuing Authority, or its
designee, copies of all current certificates regarding (i) all insurance policies as required herein, and (ii) the
performance bond as required herein.
Section 9.4---INDEMNIFICATION
The Licensee shall, at its sole cost and expense, indemnify and hold harmless the Issuing Authority, the
Town, its officials, boards, commissions, committees, agents and/or employees against all claims for
damage due to the actions of the Licensee, its employees, officers or agents arising out of the
construction, installation, maintenance, operation, and/or removal of the Cable Television System under
the Renewal License, including without limitation, damage to Persons or property, both real and
personal, caused by the maintenance, operation, and/or removal of any structure, equipment, wire or
cable installed. Indemnified expenses shall include all reasonable attorneys' fees and costs incurred up to
such time that the Licensee assumes defense of any action hereunder. The Issuing Authority shall give the
Licensee timely written notice of its obligation to indemnify and defend the Issuing Authority within a
reasonable time from receipt of a claim or action pursuant to this section.
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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ARTICLE 10
ADMINISTRATION AND REGULATION
Section 10.1---REGULATORY AUTHORITY
The Issuing Authority and/or its designee shall be responsible for the day to day regulation of the Cable
Television System. The Issuing Authority and/or its designee shall monitor and enforce the Licensee's
compliance with the terms and conditions of this Renewal License. The Issuing Authority shall notify the
Licensee in writing of any instance of noncompliance pursuant to Section 11.1 infra.
Section 10.2---PERFORMANCE EVALUATION HEARINGS
(a) The Issuing Authority may hold a performance evaluation hearing in each year of the Renewal License,
conducted by the Issuing Authority and/or its designee(s). All such evaluation hearings shall be open to the
public. The purpose of said evaluation hearing shall be to, among other things, (i) review the Licensee's
compliance with the terms and conditions of the Renewal License, with emphasis on PEG Access Channels,
facilities and support, customer service and Complaint response; and (ii) hear comments, suggestions
and/or Complaints from the public.
(b) The Issuing Authority and/or its designees shall have the right to question the Licensee on any aspect
of the Renewal License including, but not limited to, the maintenance, operation and/or removal of the
Cable Television System. During review and evaluation by the Issuing Authority, the Licensee shall fully
cooperate with the Issuing Authority and/or its designee(s), and produce such documents or other materials
relevant to such review and evaluation as are reasonably requested from the Town. Any Subscriber or other
Person may submit comments during such review hearing, either orally or in writing, and such comments
shall be duly considered by the Issuing Authority.
(c) Within sixty (60) days after the conclusion of such review hearing(s), the Issuing Authority shall
issue a written report with respect to the Licensee’s compliance, and send one (1) copy to the Licensee
and file one (1) copy with the Town Clerk's Office. If noncompliance is found which could result in a
violation of any of the provisions of the Renewal License, the Licensee shall respond and propose a plan
for implementing any changes or improvements necessary, pursuant to Section 11.1 infra. Said report
shall report on the Licensee’s compliance to the terms and conditions of this Renewal License, as well.
Section 10.3---NONDISCRIMINATION
The Licensee shall not discriminate against any Person in its solicitation, service or access activities, if
applicable, on the basis of race, color, creed, religion, ancestry, national origin, geographical location within
the Town, sex, sexual orientation, disability, age, marital status, or status with regard to public assistance.
The Licensee shall be subject to all other requirements of federal and State laws or regulations, relating to
nondiscrimination through the term of the Renewal License. This Section 10.3 shall not affect the right of
the Licensee to offer discounts.
Section 10.4---EMERGENCY REMOVAL OF PLANT
If, at any time, in case of fire or disaster in the Town, it shall become necessary in the reasonable judgment
of the Issuing Authority or any designee(s), to cut or move any of the wires, cables, amplifiers, appliances or
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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appurtenances of the Cable Television System, the Town shall have the right to do so at the sole cost and
expense of the Licensee.
Section 10.5---REMOVAL AND RELOCATION
The Issuing Authority shall have the power at any time to order and require the Licensee to remove or
relocate any pole, wire, cable or other structure owned by the Licensee that is dangerous to life or property.
In the event that the Licensee, after notice, fails or refuses to act within a reasonable time, the Issuing
Authority shall have the power to remove or relocate the same at the sole cost and expense of the Licensee,
which cost shall be summarized by the Issuing Authority.
Section 10.6---JURISDICTION & VENUE
Jurisdiction and venue over any dispute, action or suit shall be in any court of appropriate venue and
subject matter jurisdiction located in the Commonwealth of Massachusetts and the parties by the
instrument subject themselves to the personal jurisdiction of said court for the entry of any such judgment
and for the resolution of any dispute, action, or suit.
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
34Public (P)
ARTICLE 11
DETERMINATION OF BREACH & LICENSE REVOCATION
Section 11.1---DETERMINATION OF BREACH
In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the
performance of any or several provisions of the Renewal License, except as excused by Force Majeure, the
Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which
the Issuing Authority believes may have been in default and the details relating thereto. The 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 the Licensee's position.
(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. The Licensee shall report to
the Issuing Authority, in writing, by certified mail, at twenty-one (21) day intervals as to the Licensee's
efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress
until such default is cured.
(c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to
take reasonable steps to cure the default within the required thirty (30) 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 the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence
and be heard at such public hearing.
(d) Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not
the Licensee is in default of any provision of the Renewal License and shall issue a written determination of
its findings. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in
such default, the Issuing Authority may determine to pursue any of the following remedies:
(i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to
such remedy as an alternative to damages;
(ii) Commence an action at law for monetary damages;
(iii) Foreclose on or otherwise lawfully pursue all or any appropriate part of the security
(performance bond) provided pursuant to Section 9.2 herein;
(iv) Declare the Renewal License to be revoked subject to Section 11.2 below and applicable law;
(v) Invoke any other lawful remedy available to the Town.
Section 11.2---REVOCATION OF THE RENEWAL LICENSE
To the extent permitted by applicable law and subject to the provisions of Section 11.1 supra, in the event
that the Licensee fails to comply with any material provision of the Renewal License, the Issuing Authority
may revoke the Renewal License granted herein.
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Section 11.3---TERMINATION
The termination of the Renewal License and the Licensee's rights herein shall become effective upon the
earliest to occur of: (i) the revocation of the Renewal License by action of the Issuing Authority, pursuant to
Section 11.1 and 11.2 above; or (ii) the expiration of the term of the Renewal License. In the event of any
termination, the Town shall have all of the rights provided in the Renewal License unless the Licensee is
otherwise permitted to continue operating the Cable System pursuant to applicable law(s).
Section 11.4---NOTICE TO TOWN OF LEGAL ACTION
Except in an emergency situation, in the event that the Licensee or the Issuing Authority intends to take
legal action against the other party for any reason, it shall first give the other party reasonable notice that
an action will be filed.
Section 11.5---NON-EXCLUSIVITY OF REMEDY
No decision by the Issuing Authority or the Town to invoke any remedy under the Renewal License or
under any statute, law or by-law shall preclude the availability of any other such remedy.
Section 11.6---NO WAIVER-CUMULATIVE REMEDIES
(a) No failure on the part of the Issuing Authority or the Town, or the Licensee to exercise, and no delay in
exercising, any right in the Renewal License shall operate as a waiver thereof, nor shall any single or partial
exercise of any such right preclude any other right, all subject to the conditions and limitations contained in
the Renewal License.
(b) The rights and remedies provided herein are cumulative and not exclusive of any remedies provided
by law, and nothing contained in the Renewal License shall impair any of the rights of the Issuing Authority
or the Town or the Licensee under applicable law, subject in each case to the terms and conditions in the
Renewal License.
(c) No waiver of, nor failure to exercise any right or remedy by the Issuing Authority, the Town or the
Licensee at any one time shall affect the exercise of such right or remedy or any other right or remedy by
the Town at any other time. In order for any waiver of the Issuing Authority, Town or the Licensee to be
effective, it shall be in writing.
(d) The failure of the Issuing Authority or the Town to take any action in the event of any breach by the
Licensee shall not be deemed or construed to constitute a waiver of or otherwise affect the right of the
Issuing Authority or the Town to take any action permitted by this Renewal License at any other time in the
event that such breach has not been cured, or with respect to any other breach by the Licensee.
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ARTICLE 12
SUBSCRIBER RIGHTS AND CONSUMER PROTECTION
Section 12.1 -- CUSTOMER SERVICE
(a)Licensee shall comply with all customer service regulations of the FCC (47 CFR §76.309) 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.
(b) For the term thereof, residents of Hopkinton may have access to Licensee’s area customer service
office for general purposes including accepting payments and receiving and resolving all complaints,
including without limitation, those regarding Service, equipment malfunctions or billing and collection
disputes. The business office shall be open for walk-in business during Normal Business Hours.
Section 12.2---TELEPHONE ACCESS
(a) The Licensee shall comply with the FCC's Customer Service Obligations at 47 C.F.R. §76.309 as may be
amended from time to time, attached hereto as Exhibit 6, during Normal Business Hours, as defined
therein.
(b) Pursuant to 47 C.F.R. §76.309, the Licensee's customer service call center shall have a publicly listed
local or toll-free telephone number for Hopkinton Subscribers.
(c) Pursuant to 47 C.F.R. §76.309(c)(1)(B), under Normal Operating Conditions, as defined, telephone
answer time by a customer service representative, including wait time, shall not exceed thirty (30) seconds
when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30)
seconds. Said standards shall be met no less than ninety percent (90%) of the time under normal operating
conditions, measured on a quarterly basis.
(d) Pursuant to 47 C.F.R. §76.309, a Subscriber shall receive a busy signal less than three percent (3%) of
the time, measured on a quarterly basis, under normal operating conditions.
(e) Pursuant to 47 C.F.R. §76.309, the Licensee shall not be required to perform surveys to measure
compliance with the telephone answering standards above unless the Select Board as Issuing Authority
presents reasonable evidence regarding a record of multiple bona fide complaints regarding telephone
response times.
Section 12.3---CUSTOMER SERVICE CALL CENTER
(a) The Licensee shall maintain and operate its customer service call center twenty-four (24) hours a day,
seven (7) days a week, including holidays. The Licensee reserves the right to modify its business operations
with regard to such customer service call center. The Licensee shall comply with all State and federal
requirements pertaining to the hours of operation of such customer service call center.
(b) In the event that the Licensee does not maintain and operate its customer service call center twenty-
four (24) hours a day, seven (7) days a week, the Licensee shall maintain a telephone answering service to
handle Subscriber inquiries, Complaints and emergencies, and provide proper referral regarding billing and
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other Subscriber information. The Licensee shall log all such after-hours calls. Said answering service shall (i)
forward all inquiries and/or Complaints to the Licensee the morning of the next business day and (ii) inform
each Subscriber calling that his or her Complaint will be referred to the Licensee's Customer Service
Department for response. If requested, or reasonably warranted by the reported nature of the Subscriber's
problem or inquiry, the Licensee shall promptly contact each individual Subscriber to follow up on their
individual problem and/or inquiry.
Section 12.4---INSTALLATION VISITS-SERVICE CALLS-RESPONSE TIME
(a) The Licensee shall provide Cable Service(s), for new aerial installations, to Hopkinton residents who
request Service within seven (7) business days of said request, or at such time as is mutually agreed upon by
the Licensee and said Subscriber. Underground installations shall be completed as expeditiously as possible,
weather permitting. If arranging appointments for installation, the Licensee shall specify in advance
whether such will occur in the morning or afternoon, or a narrower interval, if possible, and the Licensee
shall make reasonable efforts to install at times convenient to Subscribers (including times other than 9:00
a.m. to 5:00 p.m. weekdays).
(b) A Subscriber Complaint or request for Service received after Normal Business Hours shall be responded
to the next business day.
(c) The Licensee shall ensure that there are stand-by technician(s) on-call at all times after Normal
Business Hours. The answering service shall be required to notify the stand-by technician(s) of (i) any
emergency situations, (ii) an unusual number of calls and/or (iii) a number of similar Complaint calls or a
number of calls coming from the same area.
(d) System outages shall be responded to promptly by technical personnel. For purposes of the section,
an outage shall be considered to occur when three (3) or more calls are received from any one (1)
neighborhood, concerning such an outage, or when the Licensee has reason to know of such an outage.
(e) The Licensee shall remove all Subscriber Drop Cables, within fifteen (15) days of receiving a request
from a Subscriber to do so.
Section 12.5---FCC CUSTOMER SERVICE OBLIGATIONS
The Licensee shall comply with the FCC's Customer Service Obligations, codified at 47 U.S.C. Section
76.309, as may be amended from time to time, which standards are attached hereto, and made a part
hereof, as Exhibit 6.
Section 12.6---BUSINESS PRACTICE STANDARDS
The Licensee shall provide the Issuing Authority, the Cable Division and all of its Subscribers with the
following information in accordance with 207 CMR 10.00 et seq., attached hereto as Exhibit 5 and made a
part hereof, as the same may exist or as may be amended from time to time:
(i) Billing Practices Notice;
(ii) Services, Rates and Charges Notice;
(iii) Form of Bill;
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(iv) Advance Billing and Issuance of Bills;
(v) Billing Due Dates, Delinquency, Late Charges and Termination of Service;
(vi) Charges for Disconnection or Downgrading of Service;
(vii) Billing Disputes; and
(viii) Security Deposits.
Section 12.7---COMPLAINT RESOLUTION PROCEDURES
(a) The Licensee shall establish a procedure for resolution of Complaints by Subscribers.
(b) Upon reasonable notice, the Licensee shall expeditiously investigate and resolve all Complaints
regarding the quality of Service, equipment malfunctions and similar matters. In the event that a Subscriber
is aggrieved, the Issuing Authority or its designee(s) shall be responsible for receiving and acting upon such
Subscriber Complaints/inquiries, as follows:
(i) Upon the written request of the Issuing Authority or its designee(s), and subject to applicable
privacy laws, the Licensee shall, within fourteen (14) business days after receiving such request,
send a written report to the Issuing Authority with respect to any Complaint. Such report shall
provide a full explanation of the investigation, finding and corrective steps taken by the Licensee.
Should a Subscriber have an unresolved Complaint regarding cable television operations, the
Subscriber shall be entitled to file his or her Complaint with the Issuing Authority or its designee(s),
who shall have primary responsibility for the continuing administration of the Renewal License and
the implementation of Complaint procedures. Thereafter, if the Subscriber wishes to participate in
further processing of the Complaint, the Subscriber shall meet jointly in Hopkinton with the Issuing
Authority or its designee(s) and a representative of the Licensee, within thirty (30) days of the
Subscriber's filing of his or her Complaint, in order to fully discuss and attempt to resolve such matter.
(c) Notwithstanding the foregoing and subject to applicable privacy laws, if the Issuing Authority or its
designee(s) determines it to be in the public interest, the Issuing Authority or its designee(s) may investigate
any Complaints or disputes brought by Subscribers arising from the operations of the Licensee.
Section 12.8---REMOTE CONTROL DEVICES
The Licensee shall allow its Subscribers to purchase, from legal and authorized parties other than the
Licensee, own, utilize and program remote control devices that are compatible with the Converter(s)
provided by the Licensee. The Licensee takes no responsibility for changes in its equipment that might make
inoperable the remote control devices acquired by Subscribers.
Section 12.9---EMPLOYEE IDENTIFICATION CARDS
All of the Licensee's employees entering, or seeking entrance, upon private property, in connection with
the construction, installation, maintenance and/or operation of the Cable System, including repair and sales
personnel, shall be required to wear an employee identification card issued by the Licensee and bearing a
picture of said employee.
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Section 12.10---PROTECTION OF SUBSCRIBER PRIVACY
(a) The Licensee shall respect the rights of privacy of every Subscriber of the Cable Television System and
shall not violate such rights through the use of any device or Signal associated with the Cable Television
System, and as hereafter provided.
(b) The Licensee shall comply with all privacy provisions contained in the Article 12 and all other
applicable federal and state laws including, but not limited to, the provisions of Section 631 of the Cable
Act (47 U.S.C. 551) as may be amended.
(c) The Licensee shall be responsible for carrying out and enforcing the Cable System's privacy policy, and
shall at all times maintain adequate physical, technical and administrative security safeguards to ensure that
personal subscriber information is handled and protected strictly in accordance with the policy.
Section 12.11---PRIVACY WRITTEN NOTICE
At the time of entering into an agreement to provide any Cable Service or other service to a Subscriber,
and annually thereafter to all Cable System Subscribers, the Licensee shall provide Subscribers with written
notice, as required by Section 631(a)(1) of the Cable Act, which, at a minimum, clearly and conspicuously
explains the Licensee's practices regarding the collection, retention, uses, and dissemination of personal
subscriber information, and describing the Licensee's policy for the protection of subscriber privacy.
Section 12.13---SUBSCRIBER'S RIGHT TO INSPECT AND VERIFY INFORMATION
(a) The Licensee shall promptly make available for inspection by a Subscriber at a reasonable time and
place all personal subscriber information that the Licensee maintains regarding said Subscriber.
(b) A Subscriber may obtain from the Licensee a copy of any or all of the personal subscriber information
regarding him or her maintained by the Licensee. The Licensee may require a reasonable fee for making said
copy.
(c) A Subscriber may challenge the accuracy, completeness, retention, use or dissemination of any item of
personal Subscriber information. Such challenges and related inquiries about the handling of Subscriber
information shall be directed to the Licensee. The Licensee shall provide Subscriber with a reasonable
opportunity to correct any errors in such information upon a reasonable showing by any Subscriber that
such information is inaccurate.
Section 12.14---PRIVACY STANDARDS REVIEW
The Issuing Authority and the Licensee shall periodically review the Article 12 to determine that it
effectively addresses appropriate concerns about privacy. The Article may be amended periodically by
agreement of the Issuing Authority and the Licensee.
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ARTICLE 13
REPORTS, AUDITS AND PERFORMANCE TESTS
Section 13.1---GENERAL
(a) Upon written request of the Issuing Authority, the Licensee shall promptly submit to the Town any
information in such form and containing such information as may be reasonably requested by the Issuing
Authority, which may be reasonably required to establish the Licensee's compliance with its obligations
pursuant to the Renewal License.
(b) If the Licensee believes that the documentation requested by the Issuing Authority involves proprietary
information, then the Licensee shall submit the information to its counsel, who shall confer with the Town
Counsel for a determination of the validity of the Licensee's claim of a proprietary interest.
Section 13.2---FINANCIAL REPORTS
(a) Upon written request, no later than one hundred twenty (120) days after the end of the Licensee's
fiscal year, the Licensee shall furnish the Issuing Authority and/or its designee(s) with Cable Division Forms
200 showing a balance sheet sworn to by an authorized representative of the Licensee. Said forms shall
contain such financial information as required by applicable law.
(b) The Licensee shall provide any other reports required by State and/or federal law.
Section 13.3CABLE SYSTEM INFORMATION
Pursuant to applicable law, upon the Issuing Authority's written request, the Licensee shall file
annually with the Issuing Authority a statistical summary of the operations of the Cable System. Said
report shall include, but not be limited to the number of Basic Service Subscribers.
Section 13.4---IN-HOUSE TELEPHONE REPORTS
To establish the Licensee's compliance with the requirements of Sections 12.2 and Section 12.5 of this
Renewal License, the Licensee shall provide to the Issuing Authority, upon written request of the Issuing
Authority on a semi-annual basis, a report of regional telephone traffic, generated from an in-house
automated call accounting or call tracking system, covering Subscriber calls to the Licensee. Said reports
shall include the following information and any other information that may be required by applicable
law(s): (i) confirmation that, under Normal Operating Conditions, telephone answer time by a customer
representative, including wait time, shall not exceed thirty (30) seconds when the connection is made
(which standard shall be met no less than ninety percent (90%) of the time under Normal Operating
Conditions, measured on a quarterly basis); and (ii) confirmation that, under Normal Operating
Conditions, the customer will receive a busy signal less than three percent (3%) of the time. In
accordance with Section 2.3, should another cable television license be granted that does not include
this requirement, the Licensee shall be relieved of this Section 13.4 obligation.
Section 13.5---SUBSCRIBER COMPLAINT REPORT
In accordance with the regulations of the Cable Division, the Licensee shall submit a completed copy of
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Cable Division Form 500, attached hereto as Exhibit 7 to the Issuing Authority, or its designee(s), as required
by the Cable Division.
Section 13.7---QUALITY OF SERVICE
Where there exists evidence which, in the reasonable judgment of the Issuing Authority, casts doubt
upon the reliability or technical quality of Cable Service(s), the Issuing Authority shall cite specific facts
which cast such doubt(s), in a notice to the Licensee. The Licensee shall submit a written report to the
Issuing Authority, within thirty (30) days of receipt of any such notice from the Issuing Authority, setting
forth in detail its explanation of the problem(s).
Section 13.8---DUAL FILINGS
To extent required by applicable law, either party shall notify the other of any petitions, communications,
and/or requests for waiver or advisory opinion with any State or federal agency or commission pertaining to
any material aspect of the Cable System operation hereunder, subject to Section 13.1 above, and upon the
other party’s written request, shall make available at its own expense to the other party copies of any such
petitions, communications or requests.
Section 13.9---INVESTIGATION
Subject to applicable law and regulation, the Licensee and any Affiliated Person(s) shall cooperate fully
and faithfully with any lawful investigation, audit or inquiry conducted by a Town governmental agency;
provided, however, that any such investigation, audit, or inquiry is for the purpose of establishing the
Licensee’s compliance with its obligations pursuant to this Renewal License.
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ARTICLE 14
EMPLOYMENT
Section 14.1---EQUAL EMPLOYMENT OPPORTUNITY
The Licensee is an Equal Opportunity Employer and shall comply with applicable FCC regulations with
respect to Equal Employment Opportunities.
Section 14.2---NON-DISCRIMINATION
The Licensee shall adhere to all federal and State laws prohibiting discrimination in employment practices.
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ARTICLE 15
MISCELLANEOUS PROVISIONS
Section 15.1---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 orally but only by an
instrument in writing executed by the parties.
Section 15.2---CAPTIONS
The captions to sections throughout the Renewal License are intended solely to facilitate reading and
reference to the sections and provisions of the Renewal License. Such captions shall not affect the meaning
or interpretation of the Renewal License.
Section 15.3---SEPARABILITY
If any section, sentence, paragraph, term or provision of the Renewal License is determined to be illegal,
invalid or unconstitutional, by any court of competent jurisdiction or by any State or federal regulatory
agency having jurisdiction thereof, such determination shall have no effect on the validity of any other
section, sentence, paragraph, term or provision hereof, all of which shall remain in full force and effect for
the term of the Renewal License.
Section 15.4---ACTS OR OMISSIONS OF AFFILIATES
During the term of the Renewal License, the Licensee shall be liable for the acts or omission of its Affiliates
while such Affiliates are involved directly or indirectly in the construction, upgrade, installation,
maintenance or operation of the Cable System as if the acts or omissions of such Affiliates were the acts or
omissions of the Licensee.
Section 15.5---RENEWAL LICENSE EXHIBITS
The Exhibits to the Renewal License attached hereto, and all portions thereof, are incorporated herein by
the reference and expressly made a part of the Renewal License.
Section 15.6---WARRANTIES
The Licensee warrants, represents and acknowledges that, as of the Execution Date of the Renewal
License:
(i) The Licensee is duly organized, validly existing and in good standing under the laws of the State;
(ii) The 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 Execution Date of the Renewal License, to enter into and legally bind the Licensee to
the Renewal License and to take all actions necessary to perform all of its obligations pursuant to the
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Renewal License;
(iii) The Renewal License is enforceable against the Licensee in accordance with the provisions
herein, subject to applicable State and federal law;
(iv) There are no actions or proceedings pending or threatened against the Licensee as of the
Execution Date of this Renewal License that would interfere with its performance of the Renewal
License; and
(v) Pursuant to Section 625(f) of the Cable Act, as of the Execution Date of this Renewal License, the
performance of all terms and conditions in this Renewal License is commercially practicable.
Section 15.7---FORCE MAJEURE
If by reason of Force Majeure either party hereto is unable in whole or in part to carry out its obligations
hereunder, said party shall not be deemed in violation or default during the continuance of such inability.
The term "Force Majeure" as used herein shall mean the following: acts of God; acts of public enemies;
orders of any kind of the government of the United States of America or of the State or any of their
departments, agencies, political subdivision, or officials, or any civil or military authority; insurrections; riots;
epidemics; landslides; lightning; earthquakes; fires; hurricanes; volcanic activity; storms; floods; washouts;
droughts; civil disturbances; explosions; strikes; environmental hazards; and unavailability of essential
equipment, services and/or materials and/or other matters beyond the control of either party hereto.
Section 15.8---REMOVAL OF ANTENNAS
The Licensee shall not remove any television antenna of any Subscriber but shall offer to said Subscriber
an adequate switching device ("A/B Switch") to allow said Subscriber to choose between cable and non-
cable television reception.
Section 15.9---APPLICABILITY OF RENEWAL LICENSE
All of the provisions in the Renewal License shall apply to the Town, the Licensee, and their respective
successors and assignees.
Section 15.10---NOTICES
(a)Every notice to be served upon the Issuing Authority shall be delivered or sent by certified
mail (postage prepaid) to the Select Board, Town of Hopkinton, Town Hall, 18 Main Street, Hopkinton,
Massachusetts 01748 and one (1) copy to the Town Counsel/Town Attorney c/o Hopkinton Town Hall. The
delivery shall be equivalent to direct personal notice, direction or order, and shall be deemed to have been
given at the time of receipt.
(b) Every notice served upon the Licensee shall be delivered or sent by certified mail (postage prepaid) to
the following addresses. The delivery shall be equivalent to direct personal notice, direction or order, and
shall be deemed to have been given at the time of delivery:
Comcast Cable Communications Management, LLC,
Renewal Cable Television License Granted by The Town of Hopkinton, MA
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Attn: Government Relations
5 Omni Way
Chelmsford, MA 01824
with copies to:
Comcast Cable Communications, Inc.
Vice President, Government Affairs
676 Island Pond Road
Manchester, New Hampshire 03109
And
Comcast Cable Communications, Inc.
Attn: Government Affairs
One Comcast Center
Philadelphia, Pennsylvania 19103
(c) Whenever notice of any public hearing relating to the Cable System is required by law, regulation or
the Renewal License, the Issuing Authority shall publish notice of the same, sufficient to identify its time,
place and purpose, in a Hopkinton newspaper of general circulation.
(d) Subject to subsection (c) above, all required notices shall be in writing.
Section 15.11---NO RECOURSE AGAINST THE ISSUING AUTHORITY
In accordance with Section 635a(a) of the Cable Act, the Licensee, and other Persons, shall have no
recourse whatsoever against the Issuing Authority, the Town and/or its officials, boards, commissions,
committees, advisors, designees, agents, and/or its employees other than injunctive relief or declaratory
relief, arising out of any provision or requirements of the Renewal License or because of enforcement of the
Renewal License.
Section 15.12---TOWN'S RIGHT OF INTERVENTION
The Town hereby reserves to itself, as authorized by applicable law and/or regulation, to intervene in any
suit, action or proceeding involving the Renewal License, or any provision in the Renewal License; provided,
however, that this section shall not restrict the right of the Licensee to oppose such intervention, pursuant
to applicable law.
Section 15.13---TERM
All obligations of the Licensee and the Issuing Authority set forth in the Renewal License shall commence
upon the execution of the Renewal License and shall continue for the term of the Renewal License except as
expressly provided for otherwise herein.
Section 15.14- NO THIRD-PARTY BENEFICIARY
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Nothing in this Renewal License is intended to confer third-party beneficiary status on any
member of the public or Person not a party and signatory to this Renewal License to enforce the terms
of this Renewal License.
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SIGNATURE PAGE
In Witness Whereof, this Renewal Cable Television License is hereby issued by the Select Board of the
Town of Hopkinton, Massachusetts, as Issuing Authority, this ____day of ______, and all terms and
conditions are hereby agreed to by Comcast Cable Communications Management, LLC.
The Select Board of Hopkinton,
as Issuing Authority
________________________
________________________
________________________
________________________
________________________
________________________
Approved as to form:
William August, Esq., Epstein & August, LLP
Comcast Cable Communications Management, LLC
By:
_____________________________
Anthony M. Bowling, Senior Vice President
Greater Boston Region
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E X H I B I T S
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EXHIBIT 1
FCC TECHNICAL SPECIFICATIONS
TITLE 47—TELECOMMUNICATION
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
§ 76.605 Technical standards.
(a) As of December 30, 1992, unless otherwise noted, the following requirements apply to the performance of a cable
television system as measured at any subscriber terminal with a matched impedance at the termination point or at the output
of the modulating or processing equipment (generally the headend) of the cable television system or otherwise as noted. The
requirements are applicable to each NTSC or similar video downstream cable television channel in the system:
(1)(i) The cable television channels delivered to the subscriber's terminal shall be capable of being received and displayed by TV
broadcast receivers used for off-the-air reception of TV broadcast signals, as authorized under part 73 of this chapter; and
(ii) Cable television systems shall transmit signals to subscriber premises equipment on frequencies in accordance with the
channel allocation plan set forth in the Electronics Industries Association's "Cable Television Channel Identification Plan, EIA IS-
132, May 1994" (EIA IS-132). This incorporation by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 522(a) and 1 CFR Part 51. Cable systems are required to use this channel allocation plan for signals
transmitted in the frequency range 54 MHz to 1002 MHz. This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 522(a) and 1 CFR Part 51. Copies of EIA IS-132 may be obtained from: Global
Engineering Documents, 2805 McGraw Ave., Irvine CA 92714. Copies of EIA IS-132 may be inspected during normal business
hours at the following locations: Federal Communications Commission, 1919 M Street, NW, Dockets Branch (Room 239),
Washington, DC, or the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC. This
requirement is applicable on May 31, 1995, for new and re-built cable systems, and on June 30, 1997, for all cable systems.
(2) The aural center frequency of the aural carrier must be 4.5 MHz ± 5 kHz above the frequency of the visual carrier at the
output of the modulating or processing equipment of a cable television system, and at the subscriber terminal.
(3) The visual signal level, across a terminating impedance which correctly matches the internal impedance of the cable system
as viewed from the subscriber terminal, shall not be less than 1 millivolt across an internal impedance of 75 ohms (0 dBmV).
Additionally, as measured at the end of a 30 meter (100 foot) cable drop that is connected to the subscriber tap, it shall not be
less than 1.41 millivolts across an internal impedance of 75 ohms (+3 dBmV). (At other impedance values, the minimum visual
signal level, as viewed from the subscriber terminal, shall be the square root of 0.0133 (Z) millivolts and, as measured at the end
of a 30 meter (100 foot) cable drop that is connected to the subscriber tap, shall be 2 times the square root of 0.00662(Z)
millivolts, where Z is the appropriate impedance value.)
(4) The visual signal level on each channel, as measured at the end of a 30 meter cable drop that is connected to the subscriber
tap, shall not vary more than 8 decibels within any six-month interval, which must include four tests performed in six-hour
increments during a 24 hour period in July or August and during a hour period in January or February, and shall be maintained
within:
(i) 3 decibels (dB) of the visual signal level of any visual carrier within a 6 MHz nominal frequency separation;
(ii) 10 dB of the visual signal level on any other channel on a cable television system of up to 300 MHz of cable distribution
system upper frequency limit, with a 1 dB increase for each additional 100 MHz of cable distribution system upper frequency
limit (e.g., 11 dB for a system at 301-400 MHz; 12 dB for a system at 401-500 MHz, etc.); and
(iii) A maximum level such that signal degradation due to overload in the subscriber's receiver or terminal does not occur.
(5) The rms voltage of the aural signal shall be maintained between 10 and 17 decibels below the associated visual signal level.
This requirement must be met both at the subscriber terminal and at the output of the modulating and processing equipment
(generally the headend). For subscriber terminals that use equipment which modulate and remodulate the signal (e.g.,
baseband converters), the rms voltage of the aural signal shall be maintained between 6.5 and 17 decibels below the associated
visual signal level at the subscriber terminal.
(6) The amplitude characteristic shall be within a range of ±2 decibels from 0.75 MHz to 5.0 MHz above the lower boundary
frequency of the cable television channel, referenced to the average of the highest and lowest amplitudes within these
frequency boundaries.
(i) Prior to December 30, 1999, the amplitude characteristic may be measured after a subscriber tap and before a converter
that is provided and maintained by the cable operator.
(ii) As of December 30, 1999, the amplitude characteristic shall be measured at the subscriber terminal.
(7) The ratio of RF visual signal level to system noise shall be as follows:
(i) From June 30, 1992, to June 30, 1993, shall not be less than 36 decibels.
(ii) From June 30, 1993 to June 30, 1995, shall not be less than 40 decibels.
(iii) As of June 30, 1995, shall not be less than 43 decibels.
(iv) For class I cable television channels, the requirements of paragraphs (a)(7)(i), (a)(7)(ii) and (a)(7)(iii) of this section are
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
50Public (P)
applicable only to:
(A) Each signal which is delivered by a cable television system to subscribers within the predicted Grade B contour for that
signal;
(B) Each signal which is first picked up within its predicted Grade B contour;
(C) Each signal that is first received by the cable television system by direct video feed from a TV broadcast station, a low power
TV station, or a TV translator station.
(8) The ratio of visual signal level to the rms amplitude of any coherent disturbances such as intermodulation products, second
and third order distortions or discrete-frequency interfering signals not operating on proper offset assignments shall be as
follows:
(i) The ratio of visual signal level to coherent disturbances shall not be less than 51 decibels for noncoherent channel cable
television systems, when measured with modulated carriers and time averaged; and
(ii) The ratio of visual signal level to coherent disturbances which are frequency-coincident with the visual carrier shall not be
less than 47 decibels for coherent channel cable systems, when measured with modulated carriers and time averaged.
(9) The terminal isolation provided to each subscriber terminal:
(i) Shall not be less than 18 decibels. In lieu of periodic testing, the cable operator may use specifications provided by the
manufacturer for the terminal isolation equipment to meet this standard; and
(ii) Shall be sufficient to prevent reflections caused by open-circuited or short-circuited subscriber terminals from producing
visible picture impairments at any other subscriber terminal.
(10) The peak-to-peak variation in visual signal level caused by undesired low frequency disturbances (hum or repetitive
transients) generated within the system, or by inadequate low frequency response, shall not exceed 3 percent of the visual
signal level. Measurements made on a single channel using a single unmodulated carrier may be used to demonstrate
compliance with this parameter at each test location.
(11) As of June 30, 1995, the following requirements apply to the performance of the cable television system as measured at
the output of the modulating or processing equipment (generally the headend) of the system:
(i) The chrominance-luminance delay inequality (or chroma delay), which is the change in delay time of the chrominance
component of the signal relative to the luminance component, shall be within 170 nanoseconds.
(ii) The differential gain for the color subcarrier of the television signal, which is measured as the difference in amplitude
between the largest and smallest segments of the chrominance signal (divided by the largest and expressed in percent), shall
not exceed ±20%.
(iii) The differential phase for the color subcarrier of the television signal which is measured as the largest phase difference in
degrees between each segment of the chrominance signal and reference segment (the segment at the blanking level of O IRE),
shall not exceed ±10 degrees.
(12) As an exception to the general provision requiring measurements to be made at subscriber terminals, and without regard
to the type of signals carried by the cable television system, signal leakage from a cable television system shall be measured in
accordance with the procedures outlined in § 76.609(h) and shall be limited as follows:
-----------------------------------------------------------------------------------------------
Signal
leakage
Frequencies limit Distance in
(micro-volt/ meters (m)
meter)
-----------------------------------------------------------------------------------------------
Less than and including 54 MHz, and over 216 MHz 15 30
Over 54 up to and including 216 MHz 20 3
-----------------------------------------------------------------------------------------------
(b) Cable television systems distributing signals by using methods such as nonconventional coaxial cable techniques, noncoaxial
copper cable techniques, specialized coaxial cable and fiber optical cable hybridization techniques or specialized compression
techniques or specialized receiving devices, and which, because of their basic design, cannot comply with one or more of the
technical standards set forth in paragraph (a) of this section, may be permitted to operate: Provided, That an adequate showing
is made pursuant to § 76.7 which establishes that the public interest is benefited. In such instances, the Commission may
prescribe special technical requirements to ensure that subscribers to such systems are provided with an equivalent level of
good quality service.
Note 1: Local franchising authorities of systems serving fewer than 1000 subscribers may adopt standards less stringent than
those in § 76.605(a). Any such agreement shall be reduced to writing and be associated with the system's proof-of-performance
records.
Note 2: For systems serving rural areas as defined in § 76.5, the system may negotiate with its local franchising authority for
standards less stringent than those in §§ 76.605(a)(3), 76.605(a)(7), 76.605(a)(8), 76.605(a)(10) and 76.605(a)(11). Any such
agreement shall be reduced to writing and be associated with the system's proof-of-performance records.
Note 3: The requirements of this section shall not apply to devices subject to the provisions of §§ 15.601 through 15.626.
Note 4: Should subscriber complaints arise from a system failing to meet § 76.605(a)(6) prior to December 30, 1999, the cable
operator will be required to provide a converter that will allow the system to meet the standard immediately at the
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
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complaining subscriber's terminal. Further, should the problem be found to be system-wide, the Commission may order all
converters on the system be changed to meet the standard.
Note 5: Should subscriber complaints arise from a system failing to meet § 76.605(a)(10), the cable operator will be required to
remedy the complaint and perform test measurements on § 76.605(a)(10) containing the full number of channels as indicated
in § 76.601(b)(2) at the complaining subscriber's terminal. Further, should the problem be found to be system-wide, the
Commission may order that the full number of channels as indicated in § 76.601(b)(2) be tested at all required locations for
future proof-of-performance tests.
Note 6: No State or franchising authority may prohibit, condition, or restrict a cable system's use of any type of subscriber
equipment or any transmission technology.
[37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13867, July 14, 1972; 40 FR 2690, Jan. 15, 1975; 40 FR 3296, Jan. 21, 1975; 41
FR 53028, Dec. 3, 1976; 42 FR 21782, Apr. 29, 1977; 47 FR 21503, May 18, 1982; 50 FR 52466, Dec. 24, 1985; 51 FR 1255, Jan.
10, 1986; 52 FR 22461, June 12, 1987; 57 FR 11002, Apr. 1, 1992; 57 FR 61010, Dec. 23, 1992; 58 FR 44952, Aug. 25, 1993; 59 FR
25342, May 16, 1994; 61 FR 18510, Apr. 26, 1996; 61 FR 18978, Apr. 30, 1996; 65 FR 53616, Sept. 5, 2000]
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
52Public (P)
EXHIBIT 2
PROGRAMMING AND SIGNAL CARRIAGE
The Licensee shall provide the following broad categories of Programming:
+ News Programming;
+ Sports Programming;
+ Public Affairs Programming;
+ Children's Programming;
+ Entertainment Programming; and
+ Local Programming.
For informational purposes, it is the Licensee's intention to have the following channel lineup upon the
Execution Date of the Renewal License, subject to applicable law and the Licensee’s editorial discretion.
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
53Public (P)
Exhibit 3
DROPS AND MONTHLY SERVICE
TO PUBLIC BUILDINGS AND PUBLIC SCHOOLS
In accordance with Section 5.6 supra, the following public
buildings and school buildings shall continue to receive a Drop
and/or Outlet and the monthly Basic Service:
Municipal Buildings and Schools
Town Hall - 18 Main Street
Public Library - 13 Main Street
Parks & Rec - 6 Walcott Street
Fire Department - 73 Main Street
Police Department - 74 Main Street
HCAM Studio - 77 Main Street
Senior Center - 28 Mayhew Street
DPW - 38 Wood Street
Fire Station 2 - 238 Wood Street
IT Dept. & DPW spare Garage - 66 Fruit Street
Hopkinton High School - 90 Hayden Rowe Street
Hopkinton Middle School - 88 Hayden Rowe Street
Hopkins School - 104 Hayden Rowe Street
Elmwood School - 14 Elm Street
Marathon School - 129 Hayden Rowe Street
HPS Administration - 89 Hayden Rowe Street
HPS White House - 88A Hayden Rowe Street
HMS Press Box - 88 Hayden Rowe Street
Renewal Cable Television License Granted by The Town of Hopkinton, MA
Renewal Term: November 15, 2023 – November 14, 2033
54Public (P)
EXHIBIT 4
GROSS ANNUAL REVENUES REPORTING FORM
COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC.
TOWN OF HOPKINTON
Period: [enter period of which payment is based]
Totals
Totals by Service:
Basic Service Revenue $ [enter amount]
Pay Service Revenue1 $ [enter amount]
Other Unregulated Revenue2 $ [enter amount]
Digital Revenue $ [enter amount]
Subtotal: $ [enter subtotal]
Totals by Non Service:
Home Shopping Revenue
Advertising Revenue
Leased Access Revenue $ [enter amount]
Less Bad Debt/Add Bad Debt Paid $ [enter amount]
Subtotal:$ [enter subtotal]
Total Gross Annual Revenues $ [enter total]
License Fee (5%) $ [enter % of total]
Fee-on-Fee (5%)$ [enter % of %]
License Fee Due $ [enter total due]
[This form is intended to report Gross Annual Revenues as defined in Renewal License Section
1.1(21) and in the event of any inconsistency between this form and said Renewal License
Section 1.1(21), said Section 1.1(21) shall govern.]
1 – Pay Service includes but is not limited to all Pay Channels and Pay-Per-View Movie/Event
revenue.
2 – Other Unregulated includes but is not limited to converter, remote, installation, TV Guide,
wire maintenance and other billing adjustments.
Authorized Comcast Representative:
_______________________________
Name:
Date:
Renewal Cable Television License for the Town of Billerica, MA
Term: 11.3.19 –11.2.29 (10 yrs.)
55Public (P)
EXHIBIT 5
207 CMR 10.00
BILLING AND TERMINATION OF SERVICE
10.01: Billing Practices Notice
(1)Every cable television operator shall give written notice of its billing practices to potential subscribers before a subscription
agreement is reached. Such notice shall include practices relating to the frequency and timing of bills, payment requirements
necessary to avoid account delinquency, billing dispute resolution procedures and late payment penalties.
(2)A copy of the cable television operator's billing practices notice, work order and sample subscriber bill shall be filed by
March 15th of each year with the Commission, the issuing authority, and the company's local office, where they shall be
available for public inspection. If an operator amends its billing practices notice, work order or subscriber bill after
submitting the annual filing, it shall file copies of the amendments with the Commission, the issuing authority and the
company's local office.
(3)At least 30 days prior to implementing a change of one of its billing practices, the cable television operator shall notify in
writing the Commission, the issuing authority and all affected subscribers of the change and include a description of the
changed practice.
(4)Statements about billing practices in work orders, marketing, materials and other documents shall be consistent with the
billing practices notice.
10.02: Services, Rates and Charges Notice
(1)The cable television operator shall give notice of its services, rates and charges to potential subscribers before a
subscription agreement is reached.
(2)At least 30 days prior to implementing an increase in one of its rates or charges or a substantial change in the number or
type of programming services, the operator shall notify, in writing, the Commission, the issuing authority and all affected
subscribers of the change and include a description of the increased rate or charge. The notice shall list the old and new
rate or charge and, if applicable, the old and new programming services provided.
(3)Every cable television operator shall fully disclose in writing all of its programming services and rates, upon request from a
subscriber.
(4)Every cable television operator shall fully disclose in writing all of its charges for installation, disconnection, downgrades
and upgrades, reconnection, additional outlets, and rental, purchase and/or replacement due to damage or theft of
equipment or devices used in relation to cable services, upon request from a subscriber.
(5)Every cable television operator shall provide written notice of the charge, if any, for service visits and under what
circumstances such charge will be imposed, upon request from a subscriber.
(6)A copy of the cable operator's programming services, rates and charges shall be filed by March 15th of each year with the
Commission, the issuing authority and the company's local office where it shall be made available for public inspection. If
an operator amends its notice after the annual filing, it shall file a copy of the amendment with the Commission, the
issuing authority and the company's local office.
(7)A cable operator shall not charge a subscriber for any service or equipment that the subscriber has not affirmatively
requested by name. This provision, however, shall not preclude the addition or deletion of a specific program from a
service offering, the addition or deletion of specific channels from an existing tier of service, or the restructuring or division
of existing tiers of service that do not result in a fundamental change in the nature of an existing service or tier of service.
10.03: Form of Bill
(1)The bill shall contain the following information in clear, concise and understandable language and format:
(a)The name, local address and telephone number of the cable television operator. The telephone number shall be displayed
in a conspicuous location on the bill and shall be accompanied by a statement that the subscriber may call this number
with any questions or complaints about the bill or to obtain a description of the subscriber’s rights under 207 CMR 10.07 in
the event of a billing dispute;
(b)the period of time over which each chargeable service is billed including prorated periods as a result of establishment and
termination of service;
(c)the dates on which individually chargeable services were rendered or any applicable credits were applied;
(d)separate itemization of each rate or charge levied or credit applied, including, but not be limited to, basic, premium service
and equipment charges, as well as any unit, pay-per-view or per item charges;
(e)the amount of the bill for the current billing period, separate from any prior balance due;
(f)The date on which payment is due from the subscriber.
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Term: 11.3.19 –11.2.29 (10 yrs.)
56Public (P)
(2)Cable operators may identify as a separate line item of each regular subscriber bill the following:
(a)The amount of the total bill assessed as a franchise fee and the identity of the franchising authority to whom the fee is
paid;
(b)The amount of the total bill assessed to satisfy any requirements imposed on the cable operator by the franchise
agreement to support public, educational, or governmental channels or the use of such channels;
(c)The amount of any other fee, tax, assessment, or charge of any kind imposed by any governmental authority on the
transaction between the operator and the subscriber. In order for a governmental fee or assessment to be separately
identified under 207 CMR 10.03, it must be directly imposed by a governmental body on a transaction between a
subscriber and an operator.
(3)All itemized costs shall be direct and verifiable. Each cable operator shall maintain a document in its public file which shall
be available upon request that provides the accounting justification for all itemized costs appearing on the bill.
10.04: Advance Billing and Issuance of Bill
(1)In the absence of a license provision further limiting the period of advance billing, a cable operator may, under uniform
nondiscriminatory terms and conditions, require payment not more than two months prior to the last day of a service
period.
(2)A cable subscriber may voluntarily offer and a cable operator may accept advance payments for periods greater than two
months.
(3)Upon request, a cable television operator shall provide subscribers with a written statement of account for each billing
period and a final bill at the time of disconnection.
10.05: Billing Due Dates, Delinquency, Late Charges and Termination of Service
(1)Subscriber payment is due on the due date marked on the bill, which shall be a date certain and in no case a statement
that the bill is due upon receipt. The due date shall not be less than five business days following the mailing date of the bill.
(2)A subscriber account shall not be considered delinquent unless payment has not been received by the company at least 30
days after the bill due date.
(3)The following provisions shall apply to the imposition of late charges on subscribers:
(a)A cable television operator shall not impose a late charge on a subscriber unless a subscriber is delinquent, the operator
has given the subscriber a written late charge notice in a clear and conspicuous manner, and the subscriber has been given
at least eight business days from the date of delinquency to pay the balance due.
(b)A charge of not more than a lawful percent of the balance due may be imposed as a one-time late charge.
(c)No late charge may be assessed on the amount of a bill in dispute.
(4)A cable television operator shall not terminate a subscriber's service unless the subscriber is delinquent, the cable
operator has given the subscriber a separate written notice of termination in a clear and conspicuous manner, and the
subscriber has been given at least eight business days from the mailing of the notice of termination to pay the balance
due. A notice of termination shall not be mailed to subscribers until after the date of delinquency.
(5)A cable television operator shall not assess a late charge on a bill or discontinue a subscriber's cable television service
solely because of the nonpayment of the disputed portion of a bill during the period established by 207 CMR 10.07 for
registration of a complaint with the operator or during the process of a dispute resolution mechanism recognized under
207 CMR 10.07.
(6)Any charge for returned checks shall be reasonably related to the costs incurred by the cable company in processing such
checks.
10.06: Charges for Disconnection or Downgrading of Service
(1)A cable television operator may impose a charge reasonably related to the cost incurred for a downgrade of service, except that
no such charge may be imposed when:
(a)A subscriber requests total disconnection from cable service; or
(b)A subscriber requests the downgrade within the 30 day period following the notice of a rate increase or a substantial
change in the number or type of programming services relative to the service (s) in question.
(2)If a subscriber requests disconnection from cable television service prior to the effective date of an increase in rates, the
subscriber shall not be charged the increased rate if the cable television operator fails to disconnect service prior to the
effective date. Any subscriber who has paid in advance for the next billing period and who requests disconnection from
service shall receive a prorated refund of any amounts paid in advance.
10.07: Billing Disputes
(1)Every cable television operator shall establish procedures for prompt investigation of any billing dispute registered by a
subscriber. The procedure shall provide at least 30 days from the due date of the bill for the subscriber to register a
complaint. The cable television operator shall notify the subscriber of the result of its investigation and give an explanation
for its decision within 30 working days of receipt of the complaint.
(2)The subscriber shall forfeit any rights under 207 CMR 10.07 if he or she fails to pay the undisputed balance within 30 days.
(3)Any subscriber in disagreement with the results of the cable television operator's investigation shall promptly inquire
about and take advantage of any complaint resolution mechanism, formal or informal, available under the license or
through the issuing authority before the Commission may accept a petition filed under 207 CMR 10.07(4).
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Term: 11.3.19 –11.2.29 (10 yrs.)
57Public (P)
(4)The subscriber or the cable television operator may petition the Commission to resolve disputed matters within 30 days of
any final action. Final action under 207 CMR 10.07(3) shall be deemed to have occurred 30 days after the filing of a
complaint.
(5)Upon receipt of a petition, the Commission may proceed to resolve the dispute if all parties agree to submit the dispute to
the Commission and be bound by the Commission’s decision and the Commission obtains a statement signed by the
parties indicating that agreement. In resolving the dispute, the Commission may receive either written or oral statements
from the parties, and may conduct its own investigation. The Commission shall then issue a decision based on the record
and the parties shall receive written notification of the decision and a statement of reasons therefor.
10.08: Security Deposits
(1)A cable operator shall not require from any cable subscriber a security deposit for converters or other equipment in excess of
the cost of the equipment.
(2)The cable operator shall pay interest to the cable subscriber at a rate of 7% per year for any deposit held for six months or
more, and such interest shall accrue from the date the deposit is made by the cable subscriber. Interest shall be paid
annually by the cable operator to the cable subscriber, either as a direct payment or as a credit to the cable subscriber’s
account.
(3)Within 30 days after the return of the converter or other equipment, the cable operator shall return the security deposit
plus any accrued interest to the cable subscriber, either as a direct payment or as a credit to the cable subscriber’s
account.
Renewal Cable Television License for the Town of Billerica, MA
Term: 11.3.19 –11.2.29 (10 yrs.)
58Public (P)
EXHIBIT 6
FCC CUSTOMER SERVICE OBLIGATIONS
TITLE 47--TELECOMMUNICATION
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
PART 76--CABLE TELEVISION SERVICE
Subpart H--General Operating Requirements
Sec. 76.309 Customer Service Obligations
(a) A cable franchise authority may enforce the customer service standards set forth in paragraph (c) of this section against
cable operators. The franchise authority must provide affected cable operators ninety (90) days written notice of its intent to
enforce the standards.
(b) Nothing in this rule should be construed to prevent or prohibit:
(1) A franchising authority and a cable operator from agreeing to
customer service requirements that exceed the standards set forth in
paragraph (c) of this section;
(2) A franchising authority from enforcing, through the end of the
franchise term, pre-existing customer service requirements that exceed
the standards set forth in paragraph (c) of this section and are
contained in current franchise agreements;
(3) Any State or any franchising authority from enacting or
enforcing any consumer protection law, to the extent not specifically
preempted herein; or
(4) The establishment or enforcement of any State or municipal law
or regulation concerning customer service that imposes customer service
requirements that exceed, or address matters not addressed by the
standards set forth in paragraph (c) of this section.
(c) Effective July 1, 1993, a cable operator shall be subject to the following customer service standards:
(1) Cable system office hours and telephone availability--
(i) The cable operator will maintain a local, toll-free or collect
call telephone access line which will be available to its subscribers 24 hours a day, seven days a week.
(A) Trained company representatives will be available to respond to
customer telephone inquiries during normal business hours.
(B) After normal business hours, the access line may be answered by
a service or an automated response system, including an answering
Machine. Inquiries received after normal business hours must be
responded to by a trained company representative on the next business
day.
(ii) Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not
exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty
(30) seconds. These standards shall be met no less than ninety percent of the time under normal operating conditions,
measured on a quarterly basis.
(iii) The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone
answering standards above unless an historical record of complaints indicates a clear failure to comply.
(iv) Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time.
(v) Customer service center and bill payment locations will be open at least during normal business hours and will be
conveniently located.
(2) Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be
met no less than ninety-five percent of the time measured on a quarterly basis:
(i) Standard installations will be performed within seven (7) business days after an order has been placed. “Standard''
installations are those that are located up to 125 feet from the existing distribution system.
(ii) Excluding conditions beyond the control of the operator, the cable operator will begin working on “service interruptions''
Renewal Cable Television License for the Town of Billerica, MA
Term: 11.3.19 –11.2.29 (10 yrs.)
59Public (P)
promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to
correct other service problems the next business day after notification of the service problem.
(iii) The “appointment window'' alternatives for installations, service calls, and other installation activities will be either a
specific time or, at maximum, a four hour time block during normal business hours. (The operator may schedule service calls
and other installation activities outside of normal business hours for the express convenience of the customer.)
(iv) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the
scheduled appointment.
(v) If a cable operator representative is running late for an appointment with a customer and will not be able to keep the
appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time that is
convenient for the customer.
(3) Communications between cable operators and cable subscribers--
(i) Notifications to subscribers--
(A) The cable operator shall provide written information on each of the following areas at the time of installation of service,
at least annually to all subscribers, and at any time upon request:
(1) Products and services offered;
(2) Prices and options for programming services and conditions of subscription to programming and other services;
(3) Installation and service maintenance policies;
(4) Instructions on how to use the cable service;
(5) Channel positions programming carried on the system; and,
(6) Billing and complaint procedures, including the address and telephone number of the local franchise authority's cable
office.
(B) Customers will be notified of any changes in rates, programming services or channel positions as soon as possible in
writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within
the control of the cable operator. In addition, the cable operator shall notify subscribers thirty (30) days in advance of any
significant changes in the other information required by paragraph (c)(3)(i)(A) of this section. Notwithstanding any other
provision of Part 76, a cable operator shall not be required to provide prior notice of any rate change that is the result of a
regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency, State, or
franchising authority on the transaction between the operator and the subscriber.
(ii) Billing--
(A) Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to,
basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period,
including optional charges, rebates and credits.
(B) In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within 30 days.
(iii) Refunds--Refund checks will be issued promptly, but no later
than either--
(A) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or
(B) The return of the equipment supplied by the cable operator if service is terminated.
(iv) Credits--Credits for service will be issued no later than the customer's next billing cycle following the determination that a
credit is warranted.
(4) Definitions--
(i) Normal business hours--The term “normal business hours'' means those hours during which most similar businesses in the
community are open to serve customers. In all cases, “normal business hours'' must include some evening hours at least one
night per week and/or some weekend hours.
(ii) Normal operating conditions--The term “normal operating conditions'' means those service conditions which are within
the control of the cable operator. Those conditions which are not within the control of the cable operator 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 cable operator 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.
(iii) Service interruption--The term “service interruption'' means the loss of picture or sound on one or more cable channels.
Renewal Cable Television License for the Town of Billerica, MA
Term: 11.3.19 –11.2.29 (10 yrs.)
60Public (P)
EXHIBIT 7
CABLE DIVISION FORM 500
Renewal Cable Television License for the Town of Billerica, MA
Term: 11.3.19 –11.2.29 (10 yrs.)
61Public (P)
Allison Keaney
Dover Town Library, Dover MA
Head of Circulation (2015-2017; 2021-Present)
Library Assistant (2011-2015)
Manage
●Oversee all aspects of the circulation desk.
●Train, supervise and evaluate part time staff.
●Ensure staff adhere to library policies and offer excellent customer service to patrons.
●Instruct staff and patrons in use of new library services such as Libby and the MLN App.
●Delegate tasks to part-time staff.
●Oversee stacks maintenance, including shifting, weeding, collection development and
moving items as needed.
●Manage the expanded museum pass program.
Collaborate
●Coordinate with colleagues to plan and implement engaging programs for youth through
adults.
●Work with colleagues to plan and implement adult makerspace themes
●Assisted with the renovation of both the children’s and adult floors of the library.
●Design and present a bi-monthly Genealogy program, which includes the use of library
databases and historical collections.
●Led the American Girl Doll book club as well as the Adult Non-Fiction Book Club.
Collaborated with the members to choose titles for discussion as well as activities related
to books.
●Plan and implement Staff professional development day, including training on reader’s
advisory, technology, customer service best practices and new library services.
●Work with fellow department heads to create Libguides featuring the Library of Things as
well as Reader’s advisory guides for staff and patrons.
●Conducted outreach to other town departments as well as organizations in town, such as
the Dover Mother’s Group.
●Assist with Social Media content and delivery.
Innovate
●Developed, with colleagues, the immensely popular Super Awesome Fun Time program;
plan and lead the program as needed.
●Participated in the initial creation of the Library of Things; select items for both children
and adults; expand patrons’ access to innovative library collections.
●Foster the inclusive model of service for staff. All staff are encouraged to participate in
all aspects of the library regardless of position, including program proposals and
participation, creating displays, conducting research and collection development.
Stonehill College Library, Easton, MA
Interim Associate Director of the Library (2019-2021)
Head of Access Services (2017-2019)
Manage
●Managed, trained, scheduled, and evaluated two full time and twelve part time staff as
well as apx. thirty student workers.
●Managed the department budget.
●Served as Point person for all building facilities issues.
●Ensured access to the building and collections.
●Oversaw all aspects of the access services department including Inter-Library Loan,
Course Reserves, and staff coverage for 19 hours per day (and 24 hours per day during
exam periods.)
●Responsible for copyright compliance and rights purchasing for course reserves.
●Consulted with the director regarding policies and services in the library.
●Managed library in absence of the director.
●Processed payroll for 2 library departments.
●Managed the study room booking process, including the change to a new system.
●Tracked statistics for the Access Services department and the library as a whole, and
contributed to the annual report.
Collaborate
●Worked with the Provost’s office to host book talks and faculty presentations in the
library.
●Implemented a popular Virtual Reality program, allowing students and faculty access to
new technology for use in classes as well as recreationally.
●Coordinated with other campus departments to host programs in the library and around
campus; including The Department of Health and Wellness, Career Services and Human
Resources.
●Member of the Library Web and Social Media team, delivering informative and engaging
content to the campus community.
●Established the MacPhaidin Library Seed Library, in coordination with the campus farm.
●Participated in the planning and delivery of the First Year Experience (FYE) Digital and
Information Skills week, hosting all first year and transfer students in a highly
coordinated and engaging introduction to all library services.
●Partnered with Research, Teaching, and Learning colleagues to create training for Access
Services staff and students, allowing them to triage walk in reference requests and ensure
superior customer service.
●Created engaging passive and active programs for students.
●Implemented, with faculty, Open Access materials for undergraduate and graduate courses
Innovate
●Participated in the merging of the circulation and reference desk into one point of service.
●Evaluated existing protocols for service and created new best practices and workflows for
The Desk.
●Trained staff and student workers on new workflows and responsibilities.
●Created marketing materials to inform the campus community of the change to service.
●Developed and managed the Library of Things collection, creating equitable access to
academic and social tools for student development and learning.
●Responded to Pandemic shut down by creating new points of service to ensure that the
entire campus community had access to library offerings.
●Monitored and scheduled coverage for virtual chat, located alternative materials for
faculty when access to traditional materials was impacted,and worked with students to
access virtual materials.
●Worked with Facilities to re-imagine library spaces, access, and use to ensure social
distancing, without impacting access to materials and staff.
Boyden Library, Foxboro, MA
Library Assistant (2008-2010)
●Conducted all aspects of patron services at the main circulation desk and the Children’s
Department desk.
●Processed daily holds and daily delivery.
●Assisted patrons with basic reference questions and offered readers advisory, as well as
the use of computers, microfilm and other library technology.
●Worked on special projects as assigned.
Trial Court of Massachusetts Law Library
Library Assistant/ 1 year Contract (2007-2008)
●Responsible for receiving, cataloging and filing all updates and changes to Code of
Massachusetts Regulations and other legal resources.
●Monitored online chat and responded to email and in-person reference inquiries.
●Assisted patrons with databases such as Westlaw.
●Supervised the library in the Librarian’s absence.
Wheaton College, Madeleine Clark Wallace Library, Norton, MA
Evening and Weekend Supervisor (2006- 2008)
●Managed both the circulation and reference desks, stacks maintenance, student
employees, and building security.
●Processed electronic and traditional course reserves and HELIN consortium book
requests.
●Responsible for opening and closing the library and served as the sole non-student staff
member in evenings, on weekends and holidays.
●Assisted students with library technology such as computers, printing, microfilm and
microfiche.
●Responded to in-person and email requests for basic reference and in-depth research
assistance.
●Located library materials for students including print and electronic material.
Snell Library, Northeastern University, Boston, MA
Patron Services Assistant (2004-2006)
●Supervised Student workers at the circulation desk, including delegating daily tasks.
●Processed Boston Library Consortium Card applications for Northeastern Students and
outside borrowers.
●Responsible for the management of Graduate and Faculty study rooms, including the
application process, chose recipients and monitored rooms.
●Tracked and compiled circulation statistics.
●Managed the holds shelf, missing items, fines and billing for lost items.
●Served on the Library Newsletter Committee.
●Monitored building security and served as the sole non-student staff member on
weekends.
●Conducted semester-long assessment of student worker training needs and recommended
modifications to training processes.
Office Depot, North Attleboro, MA
Service Solutions Manager (2003-2004)
●Managed the Copy & Print Center located within the store.
●Served as store manager when manager and assistant manager were absent.
●Created staff schedule for all departments.
●Trained and evaluated staff in all departments.
●Worked with customers to create custom projects.
●In Depth knowledge of technology, machines and software utilized in the copy center.
●Reconciled registers and created deposits.
●Merchandised the store according to corporate instructions.
The Bostonian Society, Boston Massachusetts
Stores Manager (2000-2003)
●Managed two museum gift shops for the Bostonian Society’s Old State House Museum,
located in Faneuil Hall and Quincy Market.
●Hired, trained, scheduled, and evaluated twelve employees.
●Ensured excellent customer service in an extremely busy environment.
●Reconciled registers, conducted bank deposits and approved payroll.
●Merchandised the stores to maximize appeal and increase sales.
●Attended trade shows and assisted with purchasing.
The Bostonian Society, Boston Massachusetts
Visitor Services Associate (1999-2003)
●Welcomed visitors to the Old State House Museum. Interpreted exhibits, answered
questions about Boston and its history and recommended activities within the city.
●Responsible for opening and closing the museum.
●Assisted with training new staff.
●Merchandised and maintained the museum gift shop.
●Assisted with special events, such as the annual John Hancock Wine Tasting.
Richards Memorial Library, North Attleboro, MA
Library Aide (1997-1999)
●Participated in all aspects of the circulation department including patron assistance,
shelving and record keeping.
●Instructed patrons of all ages in computer skills.
●Assisted patrons with the use of library technology such as microfilm and microfiche.
●Collaborated with staff on special events and programs.
Recognition
~ Project SET (Skills, Empowerment, and Talent-Massachusetts Library System leadership
community),Alumni Crew, 2019-2021
~Massachusetts Library Association Annual Meeting Presentation: “You Can Say Yes:
Turning Library Service on It’s Head,” 2017
~ Project SET,selected as Cohort Member, 2017
~ Massachusetts Library Association Paraprofessional of the Year , Nominated, 2015
Education
University of
Master of Science in Library Science
Continuing Education-National Institute of Genealogy
Courses toward Certificate in Genealogical Studies
Bachelor of Arts, History
Basic Library Techniques-Massachusetts Library System
Cataloging Course
National Opioid Settlements: Teva, Allergan, CVS, Walgreens, and Walmart
HOPKINTON TOWN, MA
Reference Number: CL-386290
TO LOCAL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS:
THIS NOTICE CONTAINS IMPORTANT INFORMATION ABOUT NATIONAL OPIOID SETTLEMENTS.
SETTLEMENT OVERVIEW
Proposed nationwide settlement agreements (“Settlements”) have been reached that would resolve opioid
litigation brought by states, local political subdivisions, and special districts against two pharmaceutical
manufacturers, Teva and Allergan (“Manufacturers”), and three pharmacies, CVS, Walgreens, and
Walmart (“Pharmacies”). Local political subdivisions and special districts are referred to as “subdivisions.”
The Settlements require the settling Manufacturers and Pharmacies to pay billions of dollars to abate the
opioid epidemic. The Settlements total over $20 billion. Of this amount, approximately $17 billion will be
used by participating states and subdivisions to remediate and abate the impacts of the opioid crisis.
Depending on participation by states and subdivisions, the Settlements require:
Teva to pay up to $3.34 billion over 13 years and to provide either $1.2 billion of its generic version
of the drug Narcan over 10 years or an agreed upon cash equivalent over 13 years;
Allergan to pay up to $2.02 billion over 7 years;
CVS to pay up to $4.90 billion over 10 years;
Walgreens to pay up to $5.52 billion over 15 years; and
Walmart to pay up to $2.74 billion in 2023, and all payments to be made within 6 years.
As provided under the Agreements, these figures are net of amounts attributable to prior settlements
between the Defendants and certain states/subdivisions, and include amounts for attorneys’ fees and
costs.
The Settlements also contain injunctive relief governing opioid marketing, sale, distribution, and/or
dispensing practices.
Each of the proposed settlements has two key participation steps.
First, each eligible state decides whether to participate in each Settlement. A list of participating states for
each settlement can be found at https://nationalopioidsettlement.com .
Second, eligible subdivisions within each participating state decide whether to participate in each
Settlement. The more subdivisions that participate, the more funds flow to that state and its subdivisions.
Any subdivision that does not participate cannot directly share in any of the settlement funds, even if the
subdivision’s state is settling and other participating subdivisions are sharing in settlement funds. If the
state does not participate in a particular Settlement, the subdivisions in that state are not eligible to
participate in that Settlement.
WHO IS RUBRIS INC. AND WHAT IS THE IMPLEMENTATION ADMINISTRATOR?
The Settlements provide that an Implementation Administrator will provide notice and manage the
collection of participation forms. Rubris Inc. is the Implementation Administrator for these new Settlements
and was also retained for the 2021 national opioid settlements.
WHY IS YOUR SUBDIVISION RECEIVING THIS NOTICE?
Your state has elected to participate in one or more of the Settlements with the Manufacturers and/or the
Pharmacies, and your subdivision may participate in those Settlements in which your state has elected to
participate. This notice is also sent directly to counsel for such subdivisions if the Implementation
Administrator has their information.
If you are represented by an attorney with respect to opioid claims, please contact them. Subdivisions
can participate in the Settlements whether or not they filed a lawsuit or are represented.
WHERE CAN YOU FIND MORE INFORMATION?
Detailed information about the Settlements, including each settlement agreement, may be found at:
https://nationalopioidsettlement.com . This website also includes information about how the Settlements
are being implemented in most states and how funds will be allocated within your state.
You are encouraged to review the settlement agreement terms and discuss the terms and benefits with
your counsel, your Attorney General’s Office, and other contacts within your state. Information and
documents regarding the Settlements and your state allocation can be found on the settlement website at
https://nationalopioidsettlement.com .
Your subdivision will need to decide whether to participate in the proposed Settlements, and subdivisions
are encouraged to work through this process before the April 18, 2023 deadline.
HOW DO YOU PARTICIPATE IN THE SETTLEMENTS?
The Settlements require that you take affirmative steps to “opt in” to the Settlements.
In the next few weeks, you will receive documentation and instructions from the Implementation
Administrator or, in some cases, your Attorney General’s Office. In order to participate in a settlement, a
subdivision must sign and return the required Participation Form for that settlement.
Please add the following email addresses to your “safe” list so emails do not go to spam / junk folders:
dse_na3@docusign.net and opioidsparticipation@rubris.com . Please monitor your email for the
Participation Forms and instructions.
All required documentation must be signed and returned on or before April 18, 2023.
2023 Annual Town Meeting & FY 24 Budg et Timeline
Please note that some of the dates provided below are an estimation and may change. Please call
the Town Manager ’s office at 508-497-9701 with questions.
Any updates will be made to this document. For your convenience, references to relevant state
laws, local bylaws, Town Charter and policies are also included.
September 29, 2022 Town Manager gains consensus on budget timeline and
budget message with Select Board, Appropriation
Committee and School Committee. (Charter § 7-2(a))
Town Manager issues Budget Schedule.
September 30, 2022 CFO distributes budget materials.
October 1, 2022 Deadline for establishing and issuing budget schedule
(Charter § 7-2(a))
October 13, 2022 Deadline to submit CPC applications
November 1, 2022 Municipal Services budgets due to Town Manager.
November 1, 2022 Select Board discusses its potential articles, including any
General Bylaw changes
November 14, 2022 Town Manager CIP review.
November 14, 2022 CPC capital requests due to CIC
November 14, 2022 Long Term capital plans due to CIC.
November 15, 2022 Select Board Budget Listening Session
December 1, 2022 Town officials and multiple member bodies may submit draft
warrant articles to Town Counsel for review and comment
(S.B. policy).
December 6, 2022 Select Board discusses its own potential articles, including any
General Bylaw changes.
December 8, 2022 Select Board, School Committee, Appropriation Committee
Joint Meeting - Budget Update
December 15, 2022 School Superintendent presents budget
1
December 19, 2022 Town Manager completes Municipal Services budget
review.
December 20, 2022 CIC & CPC complete capital hearings and submit to Town
Manager.
December 20, 2022 Select Board vote to open the ATM warrant on January 1, 2023
(or before). (120 days before ATM)
Select Board discusses its own potential articles, including any
General Bylaw changes.
January 1, 2023 ATM Warrant opens. Submission of proposed warrant articles
begins.
January 5, 2023 School Superintendent presents budget to School
Committee
January 10, 2023 Select Board discusses its own potential ATM articles.
January 12, 2023 School Committee Public Hearing/Board Discussion, with
Select Board and Appropriation Committee
January 19, 2023 School Committee Votes FY 23 Budget
January 24, 2023 Select Board review its own ATM articles; vote to submit own
articles into warrant.
January 24, 2023 Town Manager submits a consolidated budget to the Select
Board.
January 31, 2023 ATM Warrant closes (90 days before ATM, Charter § 2-3).
●All petitions for warrant articles submitted to Town
Clerk for signature confirmation.
●Town Manager refers all appropriation articles to
Appropriation Committee.
●Select Board refers voter petitions to Board of
Registrars (MGL c.39 § 10).
●Select Board refers all zoning articles to Planning Bd.
within 14 days of submission (MGL c.40A § 5).
January 31, 2023 Select Board conducts budget and capital hearings.
Select Board reviews language of its own ATM articles.
February, 2023 Planning Board public hearing on zoning articles (date
scheduled by Planning Board, Zoning Bylaw §210-153; MGL
2
c.40A §5.
February 7, 2023 Draft ATM Warrant to Town Counsel
Feb.20 - 24 School Vacation
February 7, 14, 28, 2023 Select Board budget and capital hearings.
Select Board finalize language of its own ATM articles.
March, 2023 Public Forum - General Bylaw articles submitted into Warrant,
hosted by those proposing the General Bylaw articles.
(optional)
March 14, 2023 Select Board budget and capital hearings.
Select Board finalize language of its own ATM articles.
March 14, 2023 Select Board adopts budget and capital and submits to
Appropriation Committee.
March 14, 2023 Draft ATM Warrant to Select Board for review.
Working session with Department Heads - Non-financial
Warrant articles, as needed.
Select Board take positions on Warrant articles
March 27, 2023 Last day to file nomination papers for town election (MGL
c.53 § 7, 49 days prior to election).
March 28, 2023 Select Board Review ATM Warrant
Select Board take positions on Warrant articles
April 4, 2023 Select Board review ATM Warrant.
Select Board take positions on Warrant articles.
Select Board finalize ballot questions.
Select Board review draft Motions.
April 6, 2023 Appropriation Committee holds hearing and votes on budget
and delivers required report by April 17. (A t least 14 days
before ATM, Charter § 7-2(b))
3
April 7, 2023 Warrant and Motions Document completed.
April 10, 2023 Deadline for submission of powerpoint presentations for ATM.
Send to Moderator for approval.
April 10, 2023 Deadline for final written notice of any ballot questions to be
submitted to the Town Clerk (35 days before annual town
election, MGL c.54 § 42C).
April 11, 2023 Select Board review draft Motions.
Select Board take positions on Warrant articles.
Select Board sign ATM Warrant.
Select Board discuss its town meeting presentations.
April 11, 2023 Last day to register to vote for the Annual Town Meeting and
Annual Town Election (20 days before Town Meeting/Election
M.G.L. c. 51 § 1F).
April 12, 2023 Moderator ’s Meeting: Review of final motions and meeting
process with Town Counsel, SB Chair, Moderator,
Appropriation Committee Chair, Town Manager, Principal
Planner/Planning Board Chair, School Committee Chair,
School Superintendent, Finance Director, Town Clerk, Asst.
Town Manager, Deputy Moderator.
School Vacation April 17 - 21
April 17, 2023 Appropriation Committee Report Due (At least 14 days before
ATM, Charter § 7-2(b))
April 17, 2023 Town Report, Q&As and other documents made available
(Annual Town Report 14 days before ATM, Charter § 3-1(f)).
April 17, 2023 All Town Meeting Reports/handouts Are Published and
Available to the Public
April 18, 2023 Select Board review and assign town meeting
duties/presentations.
April 21, 2023 Combined Election and Warrant posted at least 8 days before
ATM (Bylaws § 47-1; MGL c.39 §§ 9A, 10).
May 1, 2023 Annual Town Meeting (First Monday in May, Bylaws §47-2)
4
May 15, 2023 Annual Town Election (3rd Monday in May, Bylaws §47-2)
5
FY 2024 Comprehensive Budget Proposal
https://drive.google.com/drive/folders/199yLLtzzWFEIE48nmyfa_7FWAa9SDm0M?usp=sharing
Draft - March 9, 2023
COMMONWEALTH OF MASSACHUSETTS
TOWN OF HOPKINTON
ANNUAL TOWN MEETING WARRANT
MAY 1, 2023
(Voter Registration Deadline: April 11, 2023)
MIDDLESEX, ss.
To any of the Constables of the Town of Hopkinton in said County,
GREETINGS:
In the name of the Commonwealth of Massachusetts you are hereby required to notify and
warn all inhabitants of the Town of Hopkinton qualified to vote in elections and in Town affairs:
To bring in their ballots on May 15, 2023, to an adjourned session of the Annual Town Meeting
to be held at the Hopkinton Middle School Gymnasium, for the election of the following
Officers:
Offices for the May 15, 2023 Election
Office # Positions Length of Term
Select Board 1 3 years
Board of Assessors 1 3 years
Board of Health 1 3 years
Board of Library Trustees 2 3 years
Commissioners of Trust Fund 1 3 years
Constable 1 3 years
Hopkinton Housing Authority** 1 4 years
Parks & Recreation Commission 2 3 years
Planning Board 2 5 years
Planning Board 1 3 years
Planning Board** 1 2 years
School Committee 2 3 years
**UNEXPIRED TERM
AND also to vote “Yes” or “No” on the following questions appearing on the ballot:
Select Board Chair Amy Ritterbusch _______
Initial 2
QUESTION
For this purpose, the polls will be open from 7:00 a.m. to 8:00 p.m.
AND, further, to meet at the ________________ at ___ Hayden Rowe, on May 1, 2023, at 7:00
p.m., then and there to act upon the following Articles:
REPORTS
ARTICLE: 1 Acceptance of Town Reports; Sponsor: Select Board
To hear the Reports of Town Officers, Boards, and Committees.
Pass any vote or take any act relative thereto.
FINANCIAL - FISCAL YEAR 2023
ARTICLE: 2 FY 2023 Supplemental Appropriations and Transfers; Sponsor: Town Manager
To see if the Town will vote to transfer from available funds or otherwise provide a sum or
sums of money to supplement operating budgets and various accounts for the fiscal year
ending on June 30, 2023.
Pass any vote or take any act relative thereto.
ARTICLE: 3 Unpaid Bills from Prior Fiscal Years; Sponsor: Town Manager
To see if the Town will vote to raise and appropriate, transfer from available funds, or
otherwise provide a sum or sums of money to pay unpaid bills from prior fiscal years, in
accordance with the provisions of General Laws chapter 44, §64.
Pass any vote or take any act relative thereto.
FINANCIAL - FISCAL YEAR 2024
ARTICLE: 4 Set the Salary of Elected Officials; Sponsor: Select Board
To see if the Town will vote to fix the salary or compensation of all the elected officials of the
Town in accordance with General Laws chapter 41, §108.
Pass any vote or take any act relative thereto.
Select Board Chair Amy Ritterbusch _______
Initial 3
ARTICLE: 5 Fiscal Year 2024 Operating Budget; Sponsor: Town Manager
To hear and act on reports and recommendations of the Appropriation Committee and to see if
the Town will vote to raise and appropriate, transfer from available funds, borrow, or otherwise
provide a sum or sums of money for the operation and maintenance of Town Departments for
the fiscal year beginning on July 1, 2023, and that such sums be expended for such purposes
under the direction of the respective Town Officers, Boards, and Committees.
Pass any vote or take any act relative thereto.
ARTICLE: 6 FY 2024 Revolving Funds Spending Limits; Sponsor: Town Manager
To see if the Town will vote to establish the limit on the total amount that may be expended
from each revolving fund established by the General Bylaws, Chapter 13, Article VI, pursuant to
General Laws chapter 44, §53E½, for the fiscal year beginning on July 1, 2023.
Pass any vote or take any act relative thereto.
ARTICLE: PEG Access and Cable Related Fund Revolving Account Funding; Sponsor: Town
Manager
To see if the Town will vote to raise and appropriate, transfer from available funds, borrow,
appropriate from excess bond premiums, or otherwise provide a sum or sums of money to the
PEG Access and Cable Related Fund Revolving Account, and, further, to appropriate a sum or
sums of money from said Fund to support public, educational, or governmental access cable
television services.
Pass any vote or take any act relative thereto.
ARTICLE: Chapter 90 Highway Funds; Sponsor: Town Manager
To see if the Town will vote to appropriate a sum or sums of money from the proceeds due to
the Town pursuant to General Laws chapter 90 for the purposes of repair, construction,
maintenance, and preservation of the Town’s roads and bridges, the acquisition of easements
and other interests in real property related to the laying out of ways, and other related costs, all
which qualify under the State Aid Highway Guidelines adopted by the Massachusetts
Department of Transportation; said sum to be spent under the direction of the Town Manager.
Pass any vote or take any act relative thereto.
ARTICLE: Transfer to Other Post-Employment Benefits Liability Trust Fund; Sponsor:
Town Manager
Select Board Chair Amy Ritterbusch _______
Initial 4
To see if the Town will vote to raise and appropriate, transfer from available funds, or
otherwise provide a sum or sums of money for the purpose of increasing the Other Post-
Employment Benefits Liability Fund.
Pass any vote or take any act relative thereto.
ARTICLE: Transfer to the General Stabilization Fund; Sponsor: Town Manager
To see if the Town will vote to raise and appropriate, transfer from available funds, or
otherwise provide a sum or sums of money for the purpose of increasing the General
Stabilization Fund, to be used, upon further appropriation, for any lawful purpose.
Pass any vote or take any act relative thereto.
ARTICLE: Transfer to the School Special Education Reserve Fund; Sponsor:
To see if the Town will vote to raise and appropriate, transfer from available funds, or
otherwise provide a sum or sums of money for the purpose of increasing the School Special
Education Reserve Fund, to be used, without further appropriation, for unanticipated or
unbudgeted costs of special education and recovery high school programs, out-of-district
tuition, or transportation.
Pass any vote or take any act relative thereto.
ARTICLE: Establish Capital Stabilization Account for South Middlesex Regional Vocational
Technical School District; Sponsor: South Middlesex Regional Vocational Technical School
District
To see if the Town will vote to authorize the South Middlesex Regional Vocational Technical
School (aka Keefe Regional Technical School) District Committee to establish a Capital
Stabilization Account for the South Middlesex Regional Vocational Technical School (aka Keefe
Regional Technical School) District, pursuant to General Laws chapter 71, §16G½.
Pass any vote or take any act relative thereto.
CAPITAL EXPENSES AND PROJECTS
ARTICLE: Pay-As-You-Go Capital Expenses; Sponsor: Town Manager
To see if the Town will vote to raise and appropriate, transfer from available funds, transfer
from the Capital Stabilization Fund, or otherwise provide a sum or sums of money to fund the
following Pay-As-You-Go capital purchases and projects:
Select Board Chair Amy Ritterbusch _______
Initial 5
Item Purchase or Product To be spent under the
direction of
1 End User Computer Hardware Renewal Refresh Town Manager
2 Security Cameras at Police Department, Town Hall Town Manager
3 Network Switching and WiFi Upgrades Town Manager
4 Police Department Vehicle Replacement - Three
Cruisers Town Manager
5 Fire Department Vehicle Replacement for 2011
Chevy Tahoe Town Manager
6 Fire Department Vehicle Replacement for 2011 F-250
Pickup with Plow Town Manager
7 Fire Department Breathing Air Fill Station Town Manager
8 School Systemwide Wireless Technology Upgrade School Superintendent
9 EMC Park Drainage Remediation Town Manager
10 Drainage Improvement - Wood Street Town Manager
11 Drainage Improvement - Downey Place Town Manager
12 Replace 2005 Caterpillar 928 Loader Town Manager
13 Replace 2005 Caterpillar 420 Backhoe Town Manager
Pass any vote or take any act relative thereto.
ARTICLE: Chestnut Street Sidewalk; Sponsor: Planning Board
Select Board Chair Amy Ritterbusch _______
Initial 6
To see if the Town will vote to raise and appropriate, transfer from available funds, borrow,
appropriate from excess bond premiums, or otherwise provide a sum or sums of money for the
design, engineering, permitting, and construction of a new sidewalk on Chestnut St. from Wild
Road to Smith Road, including any and all costs, fees, and expenses related to the same; said
sum to be spent under the direction of the Town Manager.
Pass any vote or take any act relative thereto.
ARTICLE: Sidewalk from EMC Park to Blueberry Lane; Sponsor: Planning Board
To see if the Town will vote to raise and appropriate, transfer from available funds, borrow,
appropriate from excess bond premiums, or otherwise provide a sum or sums of money for the
design, engineering, permitting, and construction of a new sidewalk between EMC Park and
Fitch Avenue, connecting to Blueberry Lane, including any and all costs, fees, and expenses
related to the same; said sum to be spent under the direction of the Town Manager.
Pass any vote or take any act relative thereto.
ARTICLE: Fire Station 2 Architectural and Engineering Design; Sponsor: Fire Chief and
Town Manager
To see if the Town will vote to raise and appropriate, transfer from available funds, borrow,
appropriate from excess bond premiums, or otherwise provide a sum or sums of money for
architectural and engineering design for Fire Station 2, including any and all costs, fees, and
expenses related to the same; said sum to be spent under the direction of the Town Manager.
Pass any vote or take any act relative thereto.
ARTICLE: Hopkinton Public School HVAC Renewal Work; Sponsor: School Committee
To see if the Town will vote to raise and appropriate, transfer from available funds, borrow,
appropriate from excess bond premiums, or otherwise provide a sum or sums of money for
Hopkinton Public School HVAC renewal work, including any and all costs, fees, and expenses
related to the same; said sum to be spent under the direction of the School Committee.
Pass any vote or take any act relative thereto.
ARTICLE: Hopkins School Addition; Sponsor: School Committee
To see if the Town will vote to raise and appropriate, transfer from available funds including but
not limited to the School Department Stabilization Fund, borrow, appropriate from excess bond
premiums, or otherwise provide a sum or sums of money for Hopkins School Addition project,
including any planning, design, engineering, construction, including any and all costs, fees, and
Select Board Chair Amy Ritterbusch _______
Initial 7
expenses related to the same; said sum to be spent under the direction of the School
Committee.
Pass any vote or take any act relative thereto.
ARTICLE: Roadway Paving - Pratt Way and Cemeteries; Sponsor: Director of Public Works
and Town Manager
To see if the Town will vote to raise and appropriate, transfer from available funds, borrow,
appropriate from excess bond premiums, or otherwise provide a sum or sums of money for the
reconstruction and paving of Pratt Way and the roadways within Evergreen and Mount Auburn
Cemeteries, including any and all costs, fees, and expenses related to the same; said sum to be
spent under the direction of the Town Manager.
Pass any vote or take any act relative thereto.
ARTICLE: School Curriculum, Equipment, and Services Contracts; Sponsor: School
Committee
To see if the Town will vote to authorize the Superintendent of Schools, or a designee thereof,
to enter into a contract or contracts for Digital Curriculum (educational programs, educational
courses, educational curricula in any media including online textbooks, educational software,
newspapers, serials, periodicals, audiovisual materials or software maintenance), Technology
Equipment and property Lease, and School Bus Transportation, for a term or terms in excess of
three years but not to exceed six years, including any extension or renewal thereof or option
under an existing contract, upon such terms and conditions determined by the Superintendent
or designee to be in the best interests of the Town; provided, however, that, prior to executing
a contract for a term in excess of three years, the Superintendent or designee shall certify in
writing to the School Committee that such longer term will enable the Town to secure more
favorable terms, considering price, expected useful life and any other relevant factors, that
would otherwise be available under a contract with a three-year term.
Pass any vote or take any act relative thereto.
COMMUNITY PRESERVATION FUNDS
ARTICLE: Community Preservation Funds; Sponsor: Community Preservation Committee
To see if the Town will vote to appropriate or reserve from the Community Preservation annual
revenues a sum or sums of money, in the amounts recommended by the Community
Preservation Committee and not to exceed 5% of the estimated annual revenues for Fiscal Year
2024, for committee administrative expenses and other expenses in the fiscal year beginning on
July 1, 2023, with each item to be considered a separate appropriation.
Select Board Chair Amy Ritterbusch _______
Initial 8
Pass any vote or take any act relative thereto.
ARTICLE: Community Preservation Recommendations; Sponsor: Community
Preservation Committee
To see if the Town will vote to hear and act on the report of the Community Preservation
Committee on the Community Preservation budget for Fiscal Year 2024; and further, to reserve
for future appropriation a sum of money from the Community Preservation Fund for open
space, historic resources, community housing, recreation and budgeted reserve purposes; and,
further to appropriate from the Community Preservation Fund, a sum or sums of money for the
following Community Preservation projects or purposes, including the acquisition of interests in
land, all as recommended by the Community Preservation Committee, and to authorize the
Town Manager, Town Clerk, Trails Coordination and Management Committee, Open Space
Preservation Commission, Upper Charles Trail Committee, Hopkinton Housing Authority and
the Parks and Recreation Commission to enter into all agreements and execute any and all
instruments necessary to acquire, convey or accept, as the case may be, appropriate historic
preservation for historic resources and conservation restrictions for open space, in accordance
with General Laws chapter 184, to comply with the requirements of General Laws chapter 44B,
§12 for the same:
1. A sum or sums of money from funds reserved for Historical Preservation for Restoration
of Historical Records. Funded from the Historical Preservation Reserve with the
following conditions: 1. That the grant expires on July 1, 2024 unless extended by the
CPC. 2. Grant be spent under the direction of the Town Clerk and the Community
Preservation Committee.
2. A sum or sums of money from funds reserved for Open Space/Undesignated Reserve for
the land purchase of the Jenner Property, parcel R12 9 0. Located between Saddle Hill
and Cedar Street. Funded from Open Space/Undesignated Reserve with the following
conditions: 1. That the grant expired on July 1, 2024 unless extended by the CPC. 2.
Grant be spent under the direction of the Town Manager and the Community
Preservation Committee. 3. Price includes all legal costs for the purchase of the land. 4.
That an Open Space Preservation Restriction be placed on the land within five years and
that allows trails to be designed and constructed. 5. Land will be held by the Open Space
Preservation Commission.
3. A sum or sums of money from funds reserved for Open Space/Undesignated Reserve for
the land purchase of Connelly Land (R34 26 B and U26 7 0. Funded from Open
Space/Undesignated Reserve with the following conditions: 1. That the grant expired on
July 1, 2024 unless extended by the CPC. 2. Grant be spent under the direction of the
Town Manager and the Community Preservation Committee. 3. Price includes all legal
costs for the purchase of the land. 4. That an Open Space Preservation Restriction be
placed on the land within five years and that allows trails to be designed and
constructed. 5. Land will be held by the Open Space Preservation Commission.
Select Board Chair Amy Ritterbusch _______
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a. A sum or sums of money from funds reserved from the Open Space Reserve for the
Boundary Marking of 9 parcels. Funded from the Open Space Reserve with the following
conditions: 1. That the grant expires on July 1, 2024 unless extended by the CPC. 2.
Grant be spent under the direction of the Open Space and Preservation Commission and
the Community Preservation Committee.
b. A sum or sums of money from funds reserved for Open Space Reserve for Trailhead
Parking on Ash Street. Funded from the Open Space Reserve with the following
conditions: 1. That the grant expires on July 1, 2024 unless extended by the CPC. 2.
Grant be spent under the direction of the Trails Coordination and Management
Committee and the Community Preservation Committee.
c. A sum or sums of money for funds reserved for Open Space/Undesignated Reserve for
the land purchase NSTAR Parcel R23 73 A (approximately 5.99 acres) and R23 73 B
(approximately 1 acre). Funded from Open Space/Undesignated Reserve with the
following conditions: 1. That the grant expired on July 1, 2024 unless extended by the
CPC. 2. Grant be spent under the direction of the Town Manager and the Community
Preservation Committee. 3. Price includes all legal costs for the purchase of the land. 4.
That an Open Space Preservation Restriction be placed on the land within five years and
that allows trails to be designed and constructed. 5. Land will be held by the Open Space
Preservation Commission.
d. A sum or sums of money for funds reserved for Open Space/Undesignated Reserve for
the land purchase NSTAR Parcel R23 100 0 (approximately 9.9 acres). Funded from the
Open Space/Undesignated Reserve with the following conditions: 1. That the grant
expired on July 1, 2024 unless extended by the CPC. 2. Grant be spent under the
direction of the Town Manager and the Community Preservation Committee. 3. Price
includes all legal costs for the purchase of the land. 4. That an Open Space Preservation
Restriction be placed on the land within five years and that allows trails to be designed
and constructed. 5. Land will be held by the Open Space Preservation Commission.
e. A sum or sums of money from funds reserved for Recreation Funds for Trail Bridges and
Boardwalks. Funded from the Recreation Reserve with the following conditions: 1. That
the grant expires on July 1, 2025 unless extended by the CPC. 2. Grant be spent under
the direction of the Trails Coordination and Management Committee and the
Community Preservation Committee.
f. A sum or sums of money from funds reserved for Recreation Funds for Additional Shade
Structures and benches at the EMC Dog Park. Funded from the Recreation Reserve with
the following conditions: That the grant expires on July 1, 2024 unless extended by the
CPC. 2. Grant be spent under the direction of the Parks and Recreation Commission and
the Community Preservation Committee.
g. A sum or sums of money from funds reserved from Undesignated Reserve for the
Design, Construction bid documents construction, and parking for a Cricket Pitch and
Little League baseball field at Pyne Field. Funded from Undesignated Reserve with the
Select Board Chair Amy Ritterbusch _______
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following conditions: 1. That the grant expires on July 1, 2025 unless extended by the
CPC. 2. Grant be spent under the direction of the Parks and Recreation Commission and
the Community Preservation Committee.
h. A sum or sums of money from funds reserved for Recreation Funds for Additional
Security Cameras at Sandy Beach and Fruit Street Athletic Fields. Funded from the
Recreation Reserve with the following conditions: 1. That the grant expires on July 1,
2024 unless extended by the CPC. 2. Grant be spent under the direction of the Parks and
Recreation Commission and the Community Preservation Committee.
i. A sum or sums of money from funds reserved for Community Housing Reserve for the
creation of ADA compliant seating areas, which will include shading structures, a
covered bus shelter and walkways at the Housing Authority. Funded from the
Community Housing Reserve with the following conditions: 1. That the grant expires on
July 1, 2025 unless extended by the CPC. 2. Grant be spent under the direction of the
Hopkinton Housing Authority and the Community Preservation Committee.
j. A sum or sums of money funded from Recreation Reserve for Preliminary Engineering
including wetlands assessment, topographical evaluation, and trail mapping of the
town-owned portions and abutting properties of the Western Route Trail. Funded from
the Recreation Reserve with the following conditions: 1. That the grant expires on July 1,
2024 unless extended by the CPC. 2.The Trails Coordination and Management
Committee gets written statement from private property owners for permission to walk
the site, determine wetlands, and survey the land for future trail locations and
expressing willingness to enter into discussions on the town purchasing an easement or
land for the future trail. 3. Grant be spent under the direction of the Trails Coordination
and Management Committee and the Community Preservation Committee.
k. A sum or sums of money funded from Recreation Reserve for Preliminary Engineering
including wetlands assessment, topographical evaluation, and trail mapping of Segment
One. Funded from Recreation Reserve with the following conditions: 1. That the grant
expires on July 1, 2024 unless extended by the CPC. 2. Grant be spent under the
direction of the Upper Charles Trail Committee and the Community Preservation
Committee.
l. A sum or sums of money from funds reserved for Open Space/Undesignated Reserve for
the land purchase of the McDonough property, parcel R10 15 0. Funded from Open
Space/Undesignated Reserve with the following conditions: 1. That the grant expired on
July 1, 2024 unless extended by the CPC. 2. Grant be spent under the direction of the
Town Manager and the Community Preservation Committee. 3. Price includes all legal
costs for the purchase of the land. 4. That an Open Space Preservation Restriction be
placed on the land within five years and that allows trails to be designed and
constructed. 5. Land will be held by the Open Space Preservation Commission.
Pass any vote or take any act relative thereto.
Select Board Chair Amy Ritterbusch _______
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ZONING BYLAW AMENDMENTS
ARTICLE: Inclusionary Development Bylaw; Sponsor: Planning Board
To see if the Town will vote to amend Article XI, Flexible Community Development Bylaw, of the
Zoning Bylaws, as follows:
1. By changing the name of the Bylaw to “Inclusionary Development Bylaw”;
2. By amending the Bylaw provisions as follows:
§ 210-57. Purpose and Intent.
The purpose of this Article is to increase the inventory of affordable housing in Hopkinton. It is
intended that the affordable housing units that result from this Article be considered as Local
Initiative Program (LIP) units, in compliance with the requirements for the same as specified by
the Department of Housing and Community Development (DHCD) and that said units shall
count toward the Town’s requirements under G.L. c.40B sec. 20-23. Each affordable unit
created in accordance with this Article shall have limitations governing its resale to preserve the
long-term affordability of the unit and to ensure its continued availability for affordable income
households.
§ 210-58. Applicability.
A. In all zoning districts, the inclusionary housing provisions of this section shall apply to
the following uses, hereafter called the “development”:
(1) Any project that results in a net increase of five (5)ten (10) or more dwelling units,
whether by new construction or by the alteration, expansion, reconstruction, or change of
existing residential or non-residential space, with the exception of Article XIIIA, Village Housing
Development projects; and
(2) Any division and/or subdivision of land held in common ownership as of the effective
date of this Article, or anytime thereafter, into five (5)ten (10) or more dwelling units.
§ 210-59. Administration.
A development shall require the grant of a Special Permit from the Planning Board. A Special
Permit shall be granted if the proposal meets the requirements of this Chapter. If a
development requires a Special Permit pursuant to any other provision of this Chapter, a
separate Special Permit shall not be required. The Planning Board shall prepare and, after a
public hearing, adopt and file regulations with the Town Clerk, which shall include submission
requirements, timelines, procedures and provisions necessary to implement this Article.
Select Board Chair Amy Ritterbusch _______
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§ 210-60. Mandatory Provision of Affordable Units.
A. In each applicable development, 10% of the total units one dwelling unit shall be
established as an affordable housing unit for every ten (10) dwelling units in the development.,
in any one or combination of methods provided for below. Where fractional units are the
result, the number of affordable units shall be rounded to the nearest whole number. For
example, in developments of 12 units, one affordable unit shall be created (1.2 units rounded
to 1 unit); in developments of 17 units, two affordable units shall be created (1.7 units
rounded to 2 units); and so on. For example, in a development of 10 to 19 units, 1 unit shall be
affordable; in developments of 20 to 29 units, 2 units shall be affordable; and so on. The use of
a combination of methods shall be approved by the Planning Board. Affordable dwelling units
shall be constructed or rehabilitated on the development locus.
B. The Planning Board may grant a Special Permit to allow for the construction or
rehabilitation of a dwelling unit on a locus different than the development, or allow for a
payment-in-lieu of construction or rehabilitation of a dwelling unit. Such Special Permit may
be issued only where the Planning Board makes a specific finding that there will be a
significant net benefit to achieving the Town’s affordable housing objectives as a result of
allowing the construction or rehabilitation of a dwelling unit on a different locus than the
development, or a payment-in-lieu.
(1) Constructed or rehabilitated on the development locus; or
(2) Constructed or rehabilitated on a locus different than the development; or
(3) An equivalent fees-in-lieu of payment may be made.
B. For every affordable unit required, one additional market rate dwelling unit may be
added to the total number of dwelling units in the development. For example, in a
development of 20 units, two affordable units are required and the number of market rate
units may be increased by two, for a total of 22 units.
C. The Planning Board may allow a reduction in the dimensional requirements, including
minimum lot area, frontage or setback requirements, applicable to the proposed development
in order to accommodate the additional units on the site and to locate them within the areas
most suitable for development. Such authorization for reduction shall be included in the
special permit.
§ 210-61. Provisions Applicable to Affordable Housing Units On- and Off-Site.
A. All affordable units created, constructed or rehabilitated under this Article shall be
situated within the development so as not to be in less desirable locations than market rate
Select Board Chair Amy Ritterbusch _______
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units in the development and shall, on average, be no less accessible to public amenities, such
as open space, as the market-rate units.
B. Affordable housing units shall be integrated with the rest of the development and shall
be compatible in design, appearance, construction, and quality of materials with other units.
Interior features and mechanical systems of affordable units shall conform to the same
specifications as apply to market-rate units.
C. Affordable housing units shall be provided coincident to the development of market-
rate units.
D. The deeds to the affordable housing units sold to income eligible buyers shall contain a
restriction against renting or leasing of said unit(s) during the period for which the housing
unit(s) contains a restriction on affordability, unless explicitly allowed by consent of the Town
and the Commonwealth.
E. All affordable units created, constructed or rehabilitated under this article shall hold a
legal use restriction that runs with the land, is recorded at the Registry of Deeds, provides for
affordability in perpetuity, identifies the Subsidizing Agency and monitoring agent, if
applicable, and restricts occupancy to income-eligible households, as defined by the
Department of Housing and Community Development.
EF. The applicant shall comply with the mandatory set-asides and accompanying restrictions
on affordability, including the execution of an acceptable deed rider.
FG. If the Planning Board grants a Special Permit which allows for off-site units, tThe
location of the off-site units to be provided shall be approved by the Planning Board, and shall
be provided coincident to the development of the market-rate units or in accordance with an
alternate schedule approved by the Planning Board. Exercise of this option shall not result in
the destruction or demolition of existing structures, unless the Planning Board determines that:
1) such destruction or demolition is not detrimental to the neighborhood; and 2) where the
proposed destruction or demolition of existing housing units is proposed, is consistent with the
overall housing goals of the Town. When the Historic Preservation Bylaw (Chapter 125 of the
Bylaws of the Town of Hopkinton) applies to the structure, the Planning Board shall consult
with the Historical Commission before making a determination.
§ 210-62. Fees-in-Lieu-of Affordable Housing Unit Provision.
A. An applicant may contribute funds to the Town of Hopkinton Affordable Housing Trust
Fund or Hopkinton Community Housing Task Force, Inc. (CHTF) to be used for the development
of affordable housing in lieu of constructing and offering affordable units within the locus of the
proposed development or at an off-site locus only if allowed by the Planning Board through
the grant of a Special Permit.
Select Board Chair Amy Ritterbusch _______
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(1) Calculation of fee-in-lieu-of units. For each affordable unit not constructed or provided
through one or a combination of the methods specified in this Article, the fee shall be an
amount equal to the purchase price of a three-bedroom home that is affordable to a qualified
affordable housing unit purchaser, as contained in the LIP guidelines regardless of what type of
dwelling units are proposed, approved or constructed in the development.
(2) Schedule of fees-in-lieu-of-units payments. Fees-in-lieu-of-units payments shall be made
according to a schedule agreed upon by the Planning Board and the applicant.
§ 210-63. Conflict with Other Bylaws.
The provisions of this Article shall be considered supplemental of existing zoning bylaws. To the
extent that a conflict exists between this bylaw and others, the more restrictive bylaw, or
provisions therein, shall apply.
Pass any vote or take any act relative thereto.
ARTICLE: Electric Vehicle Parking Spaces; Sponsor: Planning Board
To see if the Town will vote to amend the Zoning Bylaw, Article XVIII, Supplementary
Regulations, by inserting a new Section 210-124.1, Electric Vehicle Parking, as follows:
§ 210-124.1 Electric Vehicle Parking.
A. Purpose
The sale of electric vehicles continues to grow in Massachusetts and opportunities for charging
of these electric vehicles needs to be widespread in order to accommodate this mode shift. The
purpose of this bylaw is to support this mode shift to electric vehicles and encourage ongoing
efforts to reduce the impact of fossil fuels on the environment and work towards carbon
neutrality by introducing opportunities for EV charging on parking areas with 5 spots or more. It
is not the intent of this bylaw to open a private parking area for public use.
B. Administration
The Planning Board shall prepare and, after a public hearing, adopt and file regulations with the
Town Clerk, which shall include technical requirements of the EV-Ready and EVSE-installed
infrastructure, procedures, and provisions necessary to implement this Article.
Definitions
ELECTRIC VEHICLE (EV): Any vehicle that is licensed and registered for operation on public and
private highways, roads, and streets and that operates exclusively on electrical energy from an
off-board source that is stored in the vehicle’s batteries, producing zero tailpipe emissions or
pollution when stationary or operating.
Select Board Chair Amy Ritterbusch _______
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PLUG-IN HYBRID ELECTRIC VEHICLE (PHEV): A hybrid electric vehicle whose battery can be
recharged by plugging it into an external source of electric power, as well as by its on-board
engine and generator.
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE): Equipment for the purpose of transferring
electric energy to a battery or other energy storage device in an electric vehicle.
EV INLET: The EV inlet is located on the EV and consists of an electrical connection port that,
when combined with the connector, can provide conductive charging and information
exchange.
CONNECTOR: A connector is a device that, by insertion into an EV inlet, establishes an electrical
connection to the EV for the purpose of information exchange and charging.
EV-READY: EV-Ready shall mean providing conduit, infrastructure, and a viable pathway for
adequate electric connection sufficient to support a charging level set forth by the Planning
Board in its regulations.
EVSE-INSTALLED: "EVSE-Installed" shall, at a minimum, mean an installed EVSE within a
minimum charging level as set forth by the Planning Board in its regulations.
D. Applicability
Construction projects subject to Major Project Site Plan Review pursuant to Article XX,
specifically §210-134.C (Major Project) for construction or enlargement of a parking area
containing 25 or more parking spaces and development projects requiring Minor Project Site
Plan Review pursuant to Article XX, specifically §210-134.B (Minor Project) for construction or
enlargement of a parking area containing five or more parking spaces shall conform to the
minimum requirements for EVSE-Installed and/or EV-Ready parking spaces as set forth in this
Article; provided, however, that such construction projects for which there is no net increase in
the number of parking spaces are not required to conform to the provisions of this Article.
The Planning Board may waive or reduce the requirements for EVSE-Installed or EV-Ready
parking spaces only upon a finding that the provision of the required EVSE-Installed or EV-
Ready parking spaces would be significantly detrimental to the project, or the layout or
orientation of the parking area does not allow for efficient provision of EV-Installed or EV-Ready
parking spaces and such layout or orientation cannot be reasonably modified to accommodate
the EVSE-Installed or EV-Ready parking spaces.
E. EVSE-Installed and EV-Ready Requirements
(1) Where EVSE-Installed or EV-Ready parking spaces are required by the Article, the
Planning Board shall set forth a minimum acceptable standard for charging level in its
regulations.
(2) The number of EVSE-Installed and/or EV-Ready parking spaces shall be provided as
follows:
Select Board Chair Amy Ritterbusch _______
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(a) Parking areas with fewer than 5 spaces shall not be required to provide any
EVSE-Installed or EV-Ready parking spaces.
(b) Parking areas with 5 - 10 spaces shall provide 1 EVSE-Installed parking space or 2
EV-Ready parking spaces.
(c) Parking areas with 11 or more parking spaces shall provide 10% of the total
spaces as EVSE-Installed parking spaces or 20% of the total spaces as EV-Ready
parking spaces.
In any case where the calculation of EVSE-Installed or EV-Ready parking spaces results in
a fraction of a space, the number of spaces shall be rounded up to the next whole
number. For example, a result of 1.7 spaces shall be rounded up to 2 spaces, a result of
3.2 spaces shall be rounded up to 4 spaces, and so on.
(3) The EVSE-Installed and EV-Ready parking spaces shall be located within the parking
area, and shall be counted toward the parking requirements for the use, in accordance
with the requirements of the Zoning Bylaw for off-street parking spaces.
E. Other Requirements
(1) All EVSE placed and proposed shall be compliant with the Americans with Disabilities
Act. All installed EVSE must comply with the Massachusetts Architectural Access Board.
(2) EVSE may be installed in standard parking spaces or accessible parking spaces. The
installation of an EVSE shall not reduce the size of the parking space to below minimum
local zoning requirements for off-street parking spaces.
(3) An EVSE shall have all relevant parts located within accessible reach, and in a barrier-
free access aisle for the user to move freely between the EVSE and the electric vehicle.
(4) Where EVSE is provided or proposed within an adjacent pedestrian circulation area,
such as a sidewalk or accessible route to the building entrance, the charging equipment
must be located so as to not interfere with accessibility requirements; it should not
interfere with the minimum pedestrian clearance widths as defined in Chapter 11B of
the American Disability Act Standard. Cords, cables, and connector equipment should
not extend across the path of travel within the sidewalk or walkway.
Pass any vote or take any act relative thereto.
ARTICLE: Site Plan Review Rooftop Solar Exemption; Sponsor: Planning Board
To see if the Town will vote to amend Zoning Bylaw Article XX, Site Plan Review, by inserting a
new sentence at the end of the last paragraph of Section 210-134, Definitions, as follows:
For the purposes of Site Plan Review, the term “gross floor area” shall mean the sum of the
gross horizontal areas of the several floors of a building including all garages, basements and
cellars. All dimensions shall be taken from the exterior faces of walls, including the exterior
Select Board Chair Amy Ritterbusch _______
Initial 17
faces of enclosed porches. For the purposes of this Article, solar panels, modules, and
associated equipment that is located on the rooftop of a building shall not be considered
“mechanical equipment” and shall be exempt from the provisions of this article.
Pass any vote or take any action relative thereto.
ARTICLE: Zoning District Change - 2 West Elm Street and 0 West Elm Street; Sponsor:
Citizens Petition
To see if the Town will vote to amend the Zoning Map of the Town of Hopkinton by changing
the zoning district of land at 2 West Elm St. shown on Assessors Map R23, Block 45, Lot 0 and 0
West Elm St. show on Assessors Map R23, Block 46 from Residential B District to Business
District.
Pass any vote or take any act relative thereto.
ARTICLE: Zoning District Change - South Street and Hayward Street; Sponsor: Citizens
Petition
To see if the Town will vote to amend the Zoning Map of the Town of Hopkinton by changing
the zoning district of land at:
66 South Street shown on Assessors Map L37, Block 97, Lot 0
68 South Street shown on Assessors Map L37, Block 96, Lot 0
70 South Street shown on Assessors Map L37, Block 95, Lot 0
28 Hayward Street shown on Assessors Map L37, Block 94, Lot 0
30 Hayward Street shown on Assessors Map L37, Block 93, Lot 0
Pine Grove Lane a private 25’ wide way from Hayward Street north to 52 South Street shown
on Assessors Map R23, Block 65, Lot 0 and Hayward Street south to 74-76 South Street shown
on Assessors Map R29, Block 23, Lot A.
From Residential Lake Front District to Rural Business District.
Pass any vote or take any act relative thereto.
GENERAL BYLAW AMENDMENTS
ARTICLE: Housekeeping - Delete Definition; Sponsor: Town Clerk
Select Board Chair Amy Ritterbusch _______
Initial 18
To see if the Town will vote to amend the General Bylaws, Chapter 1 by striking “Article V
Definitions” in its entirety and changing Article VI, Administration of Fines for Certain
Violations, to Article V, accordingly.
Pass any vote or take any other act relative thereto
ARTICLE: Amend Meeting Minutes Bylaw: Sponsor: Town Clerk
To see if the Town will vote to amend the General Bylaws, Section 5-29 “Meeting Minutes,”
subsection A, by: (1) striking “boards, committees, and commissions” and in its place insert the
phrase “multi-member public bodies”, (2) striking the phrase “forty (40) calendar days” and
inserting in its place “thirty (30) days”, and (3) inserting after “later” the phrase “unless the
public body finds good cause to exceed these timeframes”, so that the amended Section 5-29,
subsection A will read as follows:
“Approval of Minutes. All multi-member public bodies of the Town shall approve the
minutes of their open session or executive session meetings within thirty (30) days of
the meeting, or at its next meeting, whichever is later, unless the public body finds good
cause to exceed these timeframes.”
Pass any vote or take any act relative thereto.
ARTICLE: Amend Leash Law: Sponsor: Select Board
To see if the Town will vote to amend Article III, Leashing of Dogs, in Chapter 62, Animals, of the
General Bylaws as follows:
1. By deleting Section 62-3 “Leashing and curbing required certain hours; exception” in its
entirety and inserting in its place, a new Section 62-3 “Leashing and curbing required;
exceptions” to read as follows:
No person who owns or keeps a dog or dogs shall allow the same to run free unless said
dog is on the owner's or keeper's premises. Any dog not on the premises of its owner or
keeper shall be leashed and curbed, provided that the said leashing or curbing shall not
apply to hunting, guide, and therapy dogs under direct command of its owner or keeper,
or to dogs used in law enforcement.
2. By deleting items B and C in Section 62-4, Violations and penalties, and inserting in its
place new items B and C as follows:
B. Second offense: $50
C. Third and all subsequent offenses: $100
Select Board Chair Amy Ritterbusch _______
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3. By deleting “$15” in Section 62-5, Redemption fee, and inserting in its place “$25”.
Pass any vote or take any act relative thereto.
ARTICLE: Short Term Rental Bylaw: Sponsor: Select Board
To see if the Town will vote to amend the General Bylaws of the Town of Hopkinton by
adopting a new Chapter 164, Short Term Rental of Residential Property, as follows:
CHAPTER 164
Short-Term Rental of Residential Property
§164-1 Purpose
The purpose of this Chapter is to establish regulations and a licensing process for the
administration and enforcement of the short termshort-term rental of residential property in
the Town of Hopkinton. The regulations and the licensing process are designed to protect the
health, safety, and welfare of the short termshort-term tenants, the property owner, the
residents of the surrounding neighborhood, and the general publicpublic, and to ensure
compliance with applicable Massachusetts General Laws and regulations.
§164-2 Applicability
The rental of residential property to short termshort-term paying guests shall be allowed only
in properties whose owners have obtained a license from the Select Board in accordance with
the requirements of this Bylaw.
§164-3 Definitions
DWELLING UNIT – An owner-occupied, tenant-occupied or non-owner-occupied residential
property including, but not limited to, a dwelling unit, single-family dwelling unit,
condominium, apartment, multi-family dwelling, or a furnished accommodation that is not a:
hotel; inn; bed and breakfast establishment; lodging house; or continuing care retirement
facility, assisted living facility, nursing home facility, or similar facility.
LICENSE – A license issued by the Select Board for operation of a Short-Term Rental Unit.
OPERATOR – Any person or entity operating a Short-Term Rental Unit. An Operator may be the
owner of a Short-Term Rental Unit, or a lessee of a Short-Term Rental Unit with express written
permission from the unit’s lessor.
SHORT- TERM RENTAL UNIT -– An owner-occupied, tenant-occupied or non-owner occupied
property including, but not limited to, a dwelling unit, single-family dwelling unit,
Select Board Chair Amy Ritterbusch _______
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condominium, apartment, multi-family dwelling, or a furnished accommodation that is not a
hotel, inn, bed and breakfast establishment, lodging house, continuing care retirement
facility/assisted living facility/nursing home facility or similar facility,Any Dwelling Unit where :
1) at least one room or unit is rented to an occupant or sub-occupant; and 2) all
accommodations are reserved in advance; provided, however, that a private owner-occupied
property shall be considered a single unit if leased and rented as such. Short term rentals are
rentals of 30 consecutive days or less duration.
§164-4 General Requirements
The following requirements shall apply to all short term rentals:
A. No property other than a Dwelling Unit may be operated as a Short-Term Rental Unit.
B. No non-residential property may be operated as a Short-Term Rental Unit.
C. No Dwelling Unit may be operated as a Short-Term Rental Unit without a License.
D. Notwithstanding the issuance of a License, no Dwelling Unit may be used as a Short-
Term Rental Unit except in compliance with these General Requirements.
E. No Dwelling Unit shall be operated as Short-Term Rental Unit if it is designated as
affordable or otherwise income-restricted, which are subject to affordability covenants
or are otherwise subject to housing or rental assistance under local, state, or federal
programs or law.
F. No Dwelling Unit shall be operated as Short-Term Rental Unit if it is in violation or
noncompliance with any provisions of the A short term rental license shall not be issued
for any residential property with outstanding violations or noncompliance with the
Building Code, Fire Code, and Board of Health regulations.
A.G. No Dwelling Unit shall be operated as Short-Term Rental Unit if the Operator, or
owner of the property if different from the Operator, is in arears for payment of the
unit’s Town taxes, water, or sewage charges.
H. No Dwelling Unit shall be operated as Short-Term Rental Unit unless the number of off-
street parking spaces for the property on which the unit is located is sufficient to
accommodate all guest occupants.
I. No Dwelling Unit shall be operated as Short-Term Rental Unit if said unit is subject to
zoning or other restrictions that prohibit short-term rental use.
B.J. Operators shall designate for each Short-Term Rental Unit a person to be the manager
of said unit. Managers shall A short term rental is required to have a manager or
responsible party who will respond within 2 hours to any problem or complaint and
within 30 minutes in an emergency.
Commented [1]: I added some additional, suggested
provisions. Please feel free to keep or delete.
Commented [2]: I redrafted this so that even if a
License is issued, when one of these conditions
occurs, use as a short-term rental must cease until the
condition is appropriately addressed.
For example, if an annual License is issued and six
months in there is a sanitary code violation, continued
rental would violate the Bylaw until the violation was
addressed, even though 6 months would still remain on
the License.
Commented [3]: I added a few other conditions you
may want to tack on to the privilege of operating a
short-term rental unit.
Select Board Chair Amy Ritterbusch _______
Initial 21
C. The number of off-street parking spaces on the property shall be sufficient to
accommodate all guest occupant vehicles for overnight parking.
D.K. The Mmaximum occupancy of any short-term rental unit shall be is limited to
two people per bedroom.
E.L. No commercial trash receptacle, including but not limited to such as a dumpster, may
be maintained on the property on which a Short-Term Rental Unit is located for use by
the Short-Term Rental Unit to be used foccupants ofor regular trash disposal. All Ttrash
removal for occupants of a Short-Term Rental Unit shall be by regular residential trash
removal services, and shall be collected weekly, at a minimum.
M. Short-Term Rental Units Short term rentals shall be subject to inspection by the Board of
Health, Fire Department and the Director of Municipal Inspections, to establish
compliance with the provisions of this Chapter and the Select Board’s adopted
regulations, and to determine compliance with license requirements.
F.N. All Operators shall maintain an up-to-date log of all occupants that occupy any
Short-Term Rental Unit. Said log shall contain all occupants' names, ages, and dates of
commencement and expiration of each short-term rental period. The log shall be
available for inspection by the Board of Health, Fire Department, and the Director of
Municipal Inspections.
G.O. A short term rental licenseAll Licenses shall be issued to Operators and shall not
does not run with the Short-Term Rental Unit or the property on which the unit is
located. All Licenses shall terminate immediately , and shall be terminated uupon any
sale or transfer of ownership of the Short-Term Rental Unit or property on which the
Short-Term Rental Unit is located. All Licenses shall terminate for which the license has
been issued, or if the person Operator to whom the license is issued transfers or is no
longer in control of the said Short-Term Rental Unit or property on which the Short-
Term Rental Unit is located; provided, however, that the Select Board may allow the
transfer of a license at its sole discretion.
H. Short term rental licenses shall not be issued for any dwelling unit which is subject to
zoning restrictions that prohibit short term rental use.
I.P. Short-Term Rental Unit Short term rental may only be rented for a minimum of 2
consecutive days and a maximum of 30 consecutive days. No Operator may rent a Short-
Term Rental Unit to the same person for more than 30 consecutive days in any 6-month
period. Rental durations outside of these minimum and maximum time periods are
prohibited. licenses shall only permit rentals for a minimum of 2 and a maximum of 30
days. Short term rental for less than 2 days is not permitted.
Q. Holders of short term rental licensesOperators shall maintain the structure and property
exterior in good condition, including the upkeep of lawns, shrubbery, and other
landscape features.
Formatted: Font: (Default) Times New Roman
Commented [4]: Meant to prevent the loophole of two
separate 30 day rentals back to back or separated by 1
day, etc.
Select Board Chair Amy Ritterbusch _______
Initial 22
R. Operators shall furnish each short-term rental occupant with a community information
card containing, at a minimum, (i) emergency telephone numbers for the Hopkinton
Police Department, Fire Department, and manager designated by the Operator, (ii) a
description of the regulations, if any, relative to on-street parking at the address and
fines for parking violations, (iii) a description of the Town’s trash and recycling
requirements, including the date of trash and recycling collection at the address, and (iv)
a copy of the Town’s noise bylaw.
S. Operators shall post a sign on the inside of the Short-Term Rental Unit providing
information on the location of all fire extinguishers in the unit, and, if applicable, the
location of all fire exits and pull fire alarms in the dwelling.
J.T. Operators shall retain and make available to the Town, upon written request, records to
demonstrate compliance with this Section. The Operator shall retain such records for as
long as a Dwelling Unit is offered as a Short-Term Rental Unit.
§164-5 License
A property owner who wishes to obtain a license for short term rental accommodations shall
apply annually for a license from the Select BoardOperators shall apply annually to the Select
Board for a License for all Short-Term Rental Units. All Licenses will expire on June 30 of each
year The Select Board shall may adopt regulations, and an application form, and or other
procedures for the licensing processgoverning the issuance and regulation of Licenses and
Operators. Short-Term Rental Units shall be annually recorded in a Short-Term Rental Registry
for a fee or fees set by the Select Board. , which may include a fee schedule and a complaint
process, in furtherance of the implementation of this Bylaw. All licenses will expire on June 30
of each year.
§164-6 Violations and Penalties
A. Failure to comply with the requirements of this Bylaw, the Rregulations adopted by the
Select Board, or the conditions of a license License, or an order issued by the Board of
Health, Fire Department, or Director of Municipal Inspections, issued by the Select
Board sshall be subject to the following penalties:
First Violation: $150
Second violation: $250
Third and subsequent violations: $350
Each day that such violation continues shall be deemed to be a separate violation and
be subject to the above penalty. The
Formatted: Indent: Left: 0.5", No bullets or
Formatted: Font: (Default) Times New Roman
Formatted: Indent: Left: 0.5", No bullets or
Formatted: Font: (Default) Times New Roman, Fontcolor: Black
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Select Board Chair Amy Ritterbusch _______
Initial 23
B. If a determination has been made that a short term rental is not in compliance with an
issued license, the Select Board may suspend a license until compliance has been
achieved, or revoke the license. The Select Board may suspend or revoke any License for
failure to comply with the requirements of this Bylaw, regulations adopted by the Select
Board, conditions of a License, or an order issued by the Board of Health, Fire
Department, or Director of Municipal Inspections.
C. Any person or entity maintaining Short-Term Rental Unit short term rental
accommodations without a license License shall be punished by a fine of $500. Each day
that such violation continues shall be deemed to be a separate violation and be subject
to the penalty.
D. In lieu of the penalties set forth in this section, violations may be addressed in
accordance with the provisions of M.G.L. c. 40, § 21D, and Ch. 1, Art. II, Noncriminal
Disposition, of the General Bylaws of the Town of Hopkinton.
Pass any vote or take any action related thereto.
ARTICLE: Gun Club Indoor Shooting: Sponsor: Citizens Petition
To see if the Town will vote to amend the General Bylaws of the Town of Hopkinton as follows:
Protect “we the people, babies, animals & birds”, from noise pollution. Gun clubs, should
practice firing gun shorts indoor and stop noise pollution and make the Town of Hopkinton,
enjoyable to every citizen, babies, animals & birds.
Pass any vote or take any action relative thereto.
LAND ACQUISITION AND DISPOSITION
ARTICLE: Street Acceptance - Foxhollow Road; Sponsor: Planning Board & Select Board
To hear the report of the Select Board relative to the laying out of the following named street,
under the provisions of General Laws chapter 82, and to see if the Town will vote to accept such
street as and for public ways and to authorize the Select Board to acquire by gift, purchase, or
eminent domain any land or interest in land necessary for such laying out, and act on all
matters relating thereto:
Foxhollow Road, from Pond Street to end.
Pass any vote or take any action relative thereto.
ARTICLE: Street Acceptance - Box Mill Road; Sponsor: Planning Board & Select Board
Select Board Chair Amy Ritterbusch _______
Initial 24
To hear the report of the Select Board relative to the laying out of the following named street,
under the provisions of General Laws chapter 82, and to see if the Town will vote to accept such
street as and for public ways and to authorize the Select Board to acquire by gift, purchase, or
eminent domain any land or interest in land necessary for such laying out, and act on all
matters relating thereto:
Box Mill Road, from Leonard Street to end.
Pass any vote or take any action relative thereto.
ARTICLE: Accept Gift of Land - Turkey Ridge Subdivision; Sponsor: Planning Board
To see if the Town will vote to authorize the Select Board to acquire, by gift, a fee interest
in certain parcels of land consisting of 10.22 acres in Parcels B and C as shown on a plan entitled
“Definitive Residential Subdivision Turkey Ridge" prepared by J.D. Marquedant & Associates,
Inc. and dated June 11, 2021, revised November 12, 2021, a copy of which is available for
inspection at the Office of the Town Clerk, said land being a portion of property located at 35
Lincoln Street and 52 Cedar Street Extension and as shown on Assessors Map as R3 Block 14 Lot
0 and R3 Block 8 Lot 0, and said land to be used for open space purposes.
Pass any vote or take any action relative thereto.
ARTICLE: Solar Canopy Leases, Middle School and High School; Sponsor: Town Manager
To see if the Town will vote to authorize the Select Board to enter into Lease Agreements with
Solect Energy Development LLC _____________________________________________
Pass any vote or take any action relative thereto.
ARTICLE: Fruit Street Lease; Sponsor: Citizens Petition
To see if the Town will vote to authorize the Select Board to increase the portion of Parcel 8, as
depicted on the Fruit Street Master Plan dated March 24, 2015, to be leased to a non-profit
philanthropic organization for the benefit of Hopkinton youth and based in the Town of
Hopkinton from 5 acres, as adopted by the Town under Article 56 of the 2015 Annual Town
Meeting, to the remainder of Parcel 8 not already leased to Baypath Humane Society and to
negotiate and enter into a lease agreement with Hopkinton Scout Leaders Association, Inc.
Pass any vote or take any action relative thereto.
ARTICLE: Drainage Easement, 14 Hazel Road; Sponsor: Town Engineer/Facilities Director
and Town Manager
Select Board Chair Amy Ritterbusch _______
Initial 25
To see if the Town will vote to authorize the Select Board to acquire by gift, purchase, eminent
domain, or otherwise, an easement located at 14 Hazel Road as shown as “Proposed Drainage
Easement” on a plan entitled “Easement Plan of Land in Hopkinton. Massachusetts”, prepared
by VHB, Inc. and dated May, 4, 2022, a copy of which is available for inspection at the Office of
the Town Clerk, said land being a portion of property shown on Assessors’ Map U22 46 0, and
said easement to be used for installing drainage infrastructure from EMC Park to the existing
municipal drainage infrastructure in Hazel Road.
Pass any vote or take any action relative thereto.
ARTICLE: Drainage Easement, 77 South Street; Sponsor: Director of Public Works
To see if the Town will vote to authorize the Select Board to acquire by gift, purchase, eminent
domain, or otherwise, an easement located at 77 South Street as shown on the Condominium
Site Plan recorded with the Middlesex South District Registry of Deeds as Plan No. 657 of 2022,
entitled “Condominium Site Plan - Bevleo Business Park Condominium,” prepared by Control
Point Associates, Inc., dated September 22, 2022, a copy of which is available for inspection at
the Office of the Town Clerk, said land being a portion of property shown on Assessors’ Map
R27 7 B, and said easement to be used for the operation, maintenance, repair, inspection, and
replacement of the Stormwater Basin with appurtenant utilities, including but not limited to
piping, outlet(s), headwall and riprap collectively the “Drainage Structure”).
Pass any vote or take any action relative thereto.
ARTICLE: Drainage Easement, 20 Downey Place; Sponsor: Director of Public Works
To see if the Town will vote to authorize the Select Board to acquire by gift, purchase, eminent
domain, or otherwise, an easement located at 20 Downey Place as shown as “_______” on a
plan entitled “______”, prepared by _____ and dated ______, a copy of which is available for
inspection at the Office of the Town Clerk, said land being a portion of property shown on
Assessors’ Map L36 51 0, and said easement to be used for installing and maintaining drainage
infrastructure.
Pass any vote or take any action relative thereto.
ARTICLE: Easements for Lake Maspenock Dam Repairs; Sponsor: Director of Public
Works
To see if the Town will vote to authorize the Select Board to acquire by gift, purchase, eminent
domain, or otherwise, easements located as follows:
1. 32 Pine Island Road as shown as “_______” on a plan entitled “______”, prepared by
_____ and dated ______, a copy of which is available for inspection at the Office of the
Select Board Chair Amy Ritterbusch _______
Initial 26
Town Clerk, said land being a portion of property shown on Milford Assessors’ Map 10
Lot 3;
2. Rear North Pond Terrace as shown as “_______” on a plan entitled “______”, prepared
by _____ and dated ______, a copy of which is available for inspection at the Office of
the Town Clerk, said land being a portion of property shown on Milford Assessors’ Map
10 Lot 4;
3. Rear North Pond Terrace as shown as “_______” on a plan entitled “______”, prepared
by _____ and dated ______, a copy of which is available for inspection at the Office of
the Town Clerk, said land being a portion of property shown on Milford Assessors’ Map
10 Lot 5;
Said permanent access easements to be used for future dam repairs for the Lake Maspenock
Dam.
Pass any vote or take any action relative thereto.
ARTICLE: Temporary Easement for Lake Maspenock Dam Repairs (Eminent Domain);
Sponsor: Director of Public Works
To see if the Town will take a temporary easement of 2,883 square feet on a piece of land by
eminent domain identified on the Milford Assessors maps as Map 10 Lot 4, Rear North Pond
Terrace, N/F Heirs of William H. Casey, Plan Book 2667 Page 557 on a plan entitled “______”,
prepared by _____ and dated ______, a copy of which is available for inspection at the Office of
the Town Clerk.
Pass any vote or take any action relative thereto.
ADMINISTRATIVE
ARTICLE: Net Zero Resolution; Sponsor: Select Board
To see if the Town will vote to accept the following Resolution:
WHEREAS, the United Nations Intergovernmental Panel on Climate Change (IPCC) has
reiterated its call for ambitious climate action on a global scale to limit warming to
within 1.5°C (2.7°F) above pre-industrial temperatures to avoid the worst consequences
of climate change, and indicated that such a threshold requires at minimum decreasing
carbon pollution by 45% from 2010 levels by 2030 and reaching global net zero carbon
emissions by 2050; and
WHEREAS, the goals of the National Climate Task Force include reducing U.S. greenhouse
gas emissions 50-52% below 2005 levels by 2030, reaching 100% carbon pollution-free
Select Board Chair Amy Ritterbusch _______
Initial 27
electricity by 2035, and achieving a net zero emissions economy by 2050, and the US
Inflation Reduction Act of 2022 makes significant advances toward achieving these
goals; and
WHEREAS the Commonwealth of Massachusetts has set a 2050 target date for achieving
net zero emissions, and has enacted “An Act driving clean energy and offshore wind”
(H.5060) to accelerate fossil fuel independence; and
WHEREAS the residents of Hopkinton have already experienced negative effects of climate
change including rising overall temperatures, an increase in extreme weather conditions
including flooding and winter storm events, adverse impact on our flora and fauna, an
increase in algal blooms in our waterways, an increase in insect-borne illness, and
increased exposure to ultraviolet radiation; and
WHEREAS the Town of Hopkinton’s Master Plan (2017) called for a strategic plan or policies
"to achieve long term sustainability and efficiency in energy and other fields to improve
public health and community resiliency”; and
WHEREAS the Town of Hopkinton was among the first Massachusetts municipalities
designated as Green Communities and has already completed numerous sustainability
projects through the use of Green Communities funding; and
WHEREAS the Town of Hopkinton enjoys numerous sustainability advantages including
relatively few large industries, more new construction, and more green space than
many other towns and therefore the Town has a responsibility and capability to
establish a somewhat earlier net zero target date than 2050; and
WHEREAS the health and safety of all our residents are affected by rising temperatures and
extreme weather emergencies but not on an equal basis, with our seniors, children,
fixed income residents, non-native speakers, and disabled residents being among the
most vulnerable; and
WHEREAS the welfare of future generations depends upon actions taken now and with a
sense of urgency;
BE IT THEREFORE RESOLVED [1] that the Town of Hopkinton commits to a net zero goal of
2045 to eliminate or offset all carbon emissions including municipal, commercial, and
residential sources with intermediate milestones of 50% emissions reductions by 2030,
and 75% emissions reductions by 2037, relative to 2017 baseline levels.
BE IT FURTHER RESOLVED [2] that the Sustainable Green Committee will present to the
Select Board in 2023 a Climate Action Plan, including a Greenhouse Gas Inventory,
describing the Town’s current status and providing recommendations to reach the
Town’s net zero targets, and that in drafting the document the Committee will seek
community input and prioritize social justice and equity.
Select Board Chair Amy Ritterbusch _______
Initial 28
BE IT FURTHER RESOLVED [3] that all Town boards, committees, and departments deemed
appropriate by the Select Board will present to the Board by year end 2024 their plans
to align with the Town’s net zero targets.
BE IT FURTHER RESOLVED [4] that the Sustainable Green Committee shall present to the
Select Board following each calendar year a report describing progress toward the
Town's net zero targets, following the targets and methodology set forth in the Climate
Action Plan and Greenhouse Gas Inventory, and including areas such as energy,
buildings, transportation, environment, waste, and industry.
BE IT FURTHER RESOLVED [5] that Town boards, committees, and staff shall take the Town’s
net zero targets into consideration, to the extent allowed by law, when making budget
requests or recommendations; making procurement decisions concerning design,
construction, purchase, renovation, or maintenance of any municipal property; and
conducting municipal operations or directing contracted services.
Pass any vote or take any act relative thereto.
ARTICLE: Abolish Upper Charles Trail Committee and Establish Subcommittee; Sponsor:
Citizens Petition
To see if the Town will, in accordance with Section 6.1 of the Town Charter, vote to direct the
Town Manager to abolish the Upper Charles Trail Committee (UCTC) and establish a
subcommittee termed the Upper Charles Trail Subcommittee under the direction of the Trails
Coordination and Management Committee (TCMC; hereafter to be known as the Hopkinton
Trails Committee). This subcommittee shall perform the function of the former UCTC, including
1) establishing at least two possible trail routes for review by the town and selection by the
Select Board, and 2) developing this trail using all available funds. The subcommittee shall be
comprised of seven (7) members chosen by the Trails Committee and will follow guidance for
public communication as previously developed by the TCMC. Funds from this town meeting and
from other sources allotted to the UCTC shall be spent under the direction of the Trails
Committee and subcommittee for the tasks indicated above and as intended by town meeting.
Pass any vote or take any action relative thereto.
Pass any vote or take any act relative thereto.
ARTICLE: Upper Charles Trail Committee Spending, Segment 7; Sponsor: Citizens Petition
To see if the Town will vote that no further public funds will be expended by the Upper Charles
Trail Committee (UCTC) for work related to establishing a Shared Use Path along that section of
Hayden Rowe referred to as Segment 7 in the UCTC's plan entitled "Upper Charles Trail Overall
Alignment Schematic 3/14/2022," a section that roughly encompasses the land along Hayden
Rowe from 147 Hayden Rowe Street to 192 Hayden Rowe Street. Pass any vote or take any
action relative thereto.
Select Board Chair Amy Ritterbusch _______
Initial 29
Pass any vote or take any act relative thereto.
ARTICLE: Tax Increment Financing Agreement - Altaeros Energies LLC; Sponsor: Select
Board
To see if the Town will vote, pursuant to Massachusetts General Law Chapter 40, Section 59,
and Chapter 23A, Sections 3A through 3F, and the applicable regulations thereunder, to:(a)
approve a Tax Increment Financing Agreement (“TIF Agreement”) between the Town, Altaeros
Energies, LLC, and ________ for property shown on Assessors Map __, Block __, Lot __, which
TIF Agreement provides for real estate tax and personal property tax exemptions at the
exemption rate schedules set forth therein; and (b) authorize the Select Board to execute the
TIF Agreement, and any documents related thereto, and to approve submission to the
Massachusetts Economic Assistance Coordinating Council (EACC) of the TIF Agreement, and any
documents related thereto, all relating to the project as described in the TIF Agreement, and
any necessary documents relating thereto, and related submissions, and to take such other
actions as necessary or appropriate to implement those documents, and carry out the purposes
of this article.
Pass any vote or take any act relative thereto.
ARTICLE: PILOT Agreement, Wilson Street Solar Farm; Sponsor: Select Board
To see if the Town will vote in accordance with Chapter 59, Section 5, Clause forty-fifth of the
Massachusetts General Laws, to approve a Payment in Lieu of Taxes (PILOT) Agreement, as
negotiated by the Select Board, with GHTJA04 LLC, for a period of twenty-five (25) years,
whereby GHTJA04 LLC will pay the Town a sum of monies per year relative to a portion of land
located at 17 Wilson Street, shown as Assessors’ Maps U12 1 A, U12 2 A, U11 30 0 and U11 26
B, and which is related to the proposed construction and operation of a Large-Scale Ground
Mounted Solar Photovoltaic Installation with an expected nameplate capacity of approximately
1.8 megawatts, said PILOT Agreement being on file in the Town Clerk’s Office, and further to
allow the Select Board or the Town Manager to negotiate any amendments necessary to said
PILOT Agreement to reflect any changes in the size of the parcel of land or size of the system so
long as the payments reflected in the PILOT Agreement rise or lower commensurately.
Pass any vote or take any act relative thereto.
HEREOF FAIL NOT, and make the due return of this warrant, with your doings thereon to the
Clerk of said Town of Hopkinton, at the time and place aforesaid.
Given under our hands this ______th day of ______, 2023.
SELECT BOARD
TOWN OF HOPKINTON
Select Board Chair Amy Ritterbusch _______
Initial 30
___________________________ ____________________________
Amy Ritterbusch, Chair Mary Jo LaFreniere, Vice-Chair
___________________________ ____________________________
Irfan Nasrullah Muriel Kramer
___________________________
Shahidul Mannan
A TRUE COPY
ATTEST:
_____________________________
Connor Degan, Town Clerk
DATE: ________________________
I HEREBY CERTIFY THAT I HAVE SERVED THE FOREGOING WARRANT BY POSTING A TRUE AND
ATTESTED COPY THEREOF IN (1) TOWN HALL, (2) ALL POST OFFICES, (3) THE PUBLIC LIBRARY, (4)
THE SENIOR CENTER, AND (5) AT LEAST ONE PUBLIC SAFETY BUILDING, AT LEAST EIGHT (8)
DAYS PRIOR TO THE TIME OF HOLDING SAID MEETING.
_______________________________
Constable of Hopkinton
TOWN OF HOPKINTON
TOWN MANAGER’S OFFICE
DATE:March 10,2023
TO:Select Board
FROM:Elaine Lazarus,Assistant Town Manager
RE:Annual Town Meeting Accessibility
I attended a very informative training on March 8 by the Massachusetts Office on Disability
relative to accessibility at public meetings and Town Meeting.With respect to Town Meeting
accessibility,the following are some highlights:
●Documents posted online should be compatible with screen readers,and maps and plans
should be accompanied by a narrative description.
●Presenters should verbally describe what is being visually shown.
●Remote participation at Town Meeting may be a reasonable accommodation/modification
for one or more individuals.In these instances,the individual must be allowed to
participate remotely and to be able to speak and vote remotely.
●Municipalities should request CART (Communication Access Realtime Translation)and
ASL (American Sign Language)interpreters early,due to limited resources.These
services can be provided in person or virtually.
Please see the attached slides used at the training for additional information on Town Meetings
and all of our public meetings.
18 Main Street,Hopkinton,MA 01748 ｜508-497-9700 ｜elainel@hopkintonma.gov
The Massachusetts Office On Disability
and the Massachusetts Attorney
General’s Office
Accessible Municipal Meetings
Julia O’Leary, General Counsel, MOD
Ann E. Lynch, Assistant Attorney General & Disability Rights Coordinator, AGO
March 2023
2
What will we cover?
Overview of Disability Laws
Reasonable Modifications
at open meetings
at town meetings
Best practices
at all meetings (in-person and remote)
Resources
3
Disability Laws &
Regulations Overview
Federal
The Americans with Disabilities
Act (ADA) of 1990
The ADA Amendments Act
(ADAAA) of 2008
Section 504 of the Rehabilitation
Act of 1973
Massachusetts
Massachusetts Constitution, Article
114
Massachusetts Equal Rights Law –
G. L. c. 93, Sec. 103
Public Accommodation Law –G. L.
c. 272, Sections 92A & 98
Service Animal Law –G. L. c. 272,
Section 98A
4
What is a disability under the ADA?
The term “disability” under the ADA means:
1)a physical or mental impairment that substantially limits
one or more major life activities of an individual;
2)a record of such an impairment; or
3)being regarded as having such an impairment.
5
ADA Title II
“No qualified individual with a disability shall, by reason of
such disability, be excluded from participation in or be denied
the benefits of the services, programs, or activities of a public
entity, or be subjected to discrimination by any such entity.”
42 U.S.C. §12132.
Bottom line: State and local governments cannot discriminate on
the basis of disability and their programs, buildings, and services
must be made accessible to people with disabilities. This may
mean providing a reasonable accommodation upon request.
6
Massachusetts Laws
Track Federal laws
Sometimes provide more protections
For example:
G. L. c. 272, sec. 98A: provides for a penalty of up to $300 for
denying a person with a guide dog access to a place of
public accommodation
7
What is a reasonable modification?
Any adjustment or alteration to a public entity’s policies, practices, or
procedures, that enables a person with a disability to access the
public entity’s service, program, or activity
Examples:
•Auxiliary (i.e. communication) aids or services
•Ensuring that electronically-published materials are accessible to people using screen
readers
•Providing American Sign Language interpreters during meetings or events
•Removal of barriers
•Installing automatic door paddles in areas used by members of the public
•Moving a meeting to a physically accessible location
•Other reasonable modifications of policies, practices, and procedures
•Allowing service animals to accompany constituents visiting government offices or events
•Remote participation in meetings
8
Best Practices for all Meetings
Regularly train municipal staff and board/committee members on the
laws related to accessibility for people with disabilities
Think proactively about accessibility
Plan ahead for communication access (CART/ASL) as well as physical access
Include contact information for the municipality’s ADA Coordinator on
meeting notices, so members of the public know who to contact for
reasonable accommodations/modifications
To the extent possible, ensure that information about a meeting posted
on the municipality’s website, including presentation materials, is
accessible to and usable by people with disabilities.
If showing a video or image (photo, chart, diagram, map, etc.) as part of
the meeting, be sure that there are audio descriptions/alt text
9
CART/ASL Interpretation
What is CART?
•Communication Access Realtime Translation
•Real-time captioning performed by a professional (either in person or
virtually)
What is an ASL Interpreter?
•A person that provides live American Sign Language interpretation
(either in person or virtually)
•Note: ASL is not the only sign language
How to request CART and/or an ASL Interpreter
•Massachusetts Commission for the Deaf and Hard of Hearing provides
a statewide referral service
•Requests should be made 2 weeks in advance, if possible, to ensure
availability
•Requests can be cancelled 2 business days prior to the event
10
Best Practices for In-Person Meetings
No segregation: Meetings should be held in a space that is
accessible to all
Consider physical accessibility of the meeting space
Also consider programmatic accessibility: may need to
modify policies, practices, and/or procedures to allow
participation
11
Best Practices for Remote Meetings or Remote Participation
Consider accessibility features when choosing a platform:
•Is there an option for captioning? What is the accuracy of captioning?
•Is there an option to “pin” the speaker’s video?
•Is the software compatible with screen readers?
•Is the software easy to use for users who have difficulty with point-and-
click?
•If members of the public are allowed to speak at the meeting, consider
how you will include people participating remotely.
12
When might remote participation be appropriate?
Remote participation as a reasonable modification is
permissible at both public meetings and town meetings
Remote participation as a reasonable modification at an in-
person meeting does not make a public meeting or a town
meeting “hybrid”
The possibility of remote participation as a reasonable
modification does not impact the way a meeting should be
noticed (i.e. a town meeting would be noticed as in person, if
it is an in-person meeting)
13
Considerations for Town Meetings
Ensure you are hosting the meeting in a physically accessible location.
Plan ahead for communication access.
Remote participation as a reasonable modification for a person with a
disability does not turn an in-person town meeting into a hybrid/remote
meeting.
Consider how to handle:
•Voting (including secret ballot, if applicable)
•Speaking during the meeting
•Strength of internet connection in the meeting room
Ethernet is ideal for ensuring enough bandwidth
14
Resources
WCAG Guidance on Accessible Remote Meeting Platforms
Considerations for People who are Deaf and Hard of Hearing at Remote Meetings
DOJ’s Title II Technical Assistance Manual
Municipal ADA Grant Program (source of funding for accessibility improvements)
Massachusetts Commission for the Deaf and Hard of Hearing
•Requesting an Interpreter
New England ADA Center Title II Action Guide
MOD’s ADA Coordinator:
Julia O’Leary
Julia.E.Oleary@mass.gov
Cell: 857-214-1081
15
MOD as a Resource
Please use MOD as a resource:
The Massachusetts Office On Disability
1 Ashburton Place, Room 1305
Boston, MA 02108
617-727-7440
MOD-INFO@MASS.GOV
Website: www.mass.gov/mod
mass.gov/mod @Massdisability Mass Office on Disability YouTube
TOWN OF HOPKINTON
TOWN MANAGER’S OFFICE
DATE:March 10, 2023
TO:Select Board
FROM:Norman Khumalo, Town Manager
RE:MWRA Southborough Interconnection Project Intermunicipal Agreement
I am respectfully requesting the Select Board consider approving the Intermunicipal Agreement
between the Towns of Southborough and Hopkinton whereby Hopkinton will receive its potable
water supply from Massachusetts Water Resources Authority (“MWRA”) through a connection
to Southborough’s water lines in order to secure and supply water for drinking and other uses in
Hopkinton. In summary the IMA provides the following:
1.The term of the Agreement is 25 years.
2.Hopkinton shall pay for all costs for the design and construction of the Project and a $1M
incentive pay to reimburse Southborough for upgrades to its water system.
3.Hopkinton will purchase MWRA water from Southborough. Southborough will supply a
maximum of 2.7 million gpd to Hopkinton. This represents our current needs plus a 50%
expansion for future growth.
4.The project consists of improvements to Southborough’s water infrastructure including:
a.Installation of approximately 2,000 feet of new 12” DI water main in the vicinity
of the proposed interconnection on Cordaville Road, Southville Road, and River
Street (Route 85) and approximately 2,800 feet of new 12” DI water main on
Parkerville Road from Route 9 to Fairview Drive.
b.Upgrades to the Boland and Hosmer pump stations increasing those station’s
capacity to approximately 3.5 million gpd (defined below.)
c.Installation of a new booster pump station between Deerfoot Road and Sarsen
Stone Way to improve water distribution to the Fairview/Skylar Drive
neighborhood.
d.Replacement of the aging Oak Hill Tank will be replaced with a taller, larger tank
with an increased storage capacity of up to but not exceeding 1 million gallons.
e.Curb-to-curb resurfacing of any streets that are excavated as part of the Project.
18 Main Street, Hopkinton, MA 01748 ｜508-497-9700 ｜nkhumalo@hopkintonma.gov
This Project will not alter Hopkinton’s water infrastructure. The new water mains from
Southborough will pass through a water pumping station at the intersection of Cedar
Street and Legacy Farms Road North. They will then connect to our existing water mains
at Wilson Street and Cedar Street. No other upgrades are necessary to Hopkinton’s
existing water mains or service lines.
5.Hopkinton will be responsible for securing all required design and construction permit
approvals. As operator of the project, Southborough will be responsible for approvals and
permits required to operate the water supply system.
6.Southborough will be responsible for all required water testing, monitoring and sampling.
7.Southborough will be responsible for the maintenance and repair of the water system in
Southborough. Hopkinton will continue to maintain its water distribution system.
8.Hopkinton will pay for a pro rata share of the depreciation of any pumps, facilities, pipes,
conduits, or equipment that make up the Project. The parties will create a special fund
from which all future replacement of such equipment during the term of the Agreement
shall be funded.
9.Hopkinton shall be responsible to pay an annual Operation. Maintenance and Repair
(OMR) charge - for only that water that flows beyond the Turnover Point into
Hopkinton’s water distribution system. The cost of any other OMR shall be borne solely
by Southborough.
10.Hopkinton shall pay its pro rata share future capital upgrades based upon its maximum
allocated capacity.
11.Either Party, by a vote of its Select Board or Board of Selectmen, may withdraw from and
terminate this Agreement effective at the end of the fiscal year ten (10) years following
written notice to the other Party.
More background information on the MWRA Southborough Interconnection project is available
here.
2
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 1 of 19
INTERMUNICIPAL WATER SUPPLY AGREEMENT
By and between the Towns of Hopkinton and Southborough
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 2 of 19
Table of Contents
Section Pg.
I. Definitions ............................................................................................................................................. 4
II. Permits and Approvals .......................................................................................................................... 5
III. Supply of Water. ................................................................................................................................... 6
IV. Water Monitoring and Sampling ........................................................................................................... 6
V. Operations, Maintenance, and Repair (OMR) ...................................................................................... 6
VI. Project Procedures and Governance ..................................................................................................... 9
VII. System Upgrades and Expansion. ....................................................................................................... 11
VIII. System Management and Operations .............................................................................................. 11
IX. Recordkeeping and Billing.................................................................................................................. 12
X. Dispute Resolution and Enforcement ................................................................................................. 14
XI. Term and Renewal of Agreement ....................................................................................................... 15
XII. Termination of Agreement .................................................................................................................. 15
XIII. Indemnity ........................................................................................................................................ 16
XIV. Other General Terms....................................................................................................................... 16
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 3 of 19
THIS AGREEMENT ("the Agreement") is entered into as of [insert date] (“Effective
Date”) by and between the Town of Southborough, through its Board of Selectmen,
("Southborough"), and the Town of Hopkinton, through its Select Board, ("Hopkinton” and,
together with Southborough, "the Parties").
RECITALS
Whereas, the Parties, in furtherance of a public purpose, agree to enter into an agreement whereby
Hopkinton will receive its potable water supply through a Massachusetts Water Resources
Authority (“MWRA”) connection to Southborough’s water lines in order to secure and supply
water for drinking and other uses in Hopkinton;
Whereas, the Parties intend for this Agreement remain in full force and effect for 25 years, unless
sooner terminated or extended as provided in this Agreement;
Whereas, Southborough intends to supply quantities of water to Hopkinton for the price and under
the terms set forth in this Agreement.
Whereas, both Parties propose to upgrade and install new equipment to existing facilities to
provide water supply to Hopkinton.
Whereas Hopkinton will bear the full costs of said upgrades and installation of new
equipment, which will provide significant water system investments, performance, and
reliability improvements to Southborough including:
• Installation of approximately 2,000 feet of new 12” DI water main in the vicinity
of the proposed interconnection on Cordaville Road, Southville Road, and River
Street (Route 85) and approximately 2,800 feet of new 12” DI water main on
Parkerville Road from Route 9 to Fairview Drive.
• Upgrades to the Boland and Hosmer pump stations increasing those station’s
capacity to approximately 3.5 million gpd (defined below.)
• Installation of a new booster pump station between Deerfoot Road and Sarsen
Stone Way to improve water distribution to the Fairview/Skylar Drive
neighborhood.
• Replacement of the aging Oak Hill Tank will be replaced with a taller, larger tank
with an increased storage capacity of up to but not exceed 1 million gallons.
• Curb-to-curb resurfacing of any streets that are excavated as part of the Project.
Whereas, Hopkinton has agreed to fund additional upgrades, “Incentive Payments” that are
not directly required by the Project but will offset and mitigate impacts of the Project on
Southborough including : reimbursing Southborough, in an amount not to exceed
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 4 of 19
$1,000,000 in total, for the costs incurred to (1) install approximately 1,000 FT of 12” DI
water main to connect Presidential Drive and Fisher Road, including the acquisition of
easements across private property, including an easement across a rail line; (2) install
approximately 800 FT of 8” DI water main on Mt. Vickery Road, from Middle Road to
Vickery Hill Road; and (3) install approximately 200 FT of 4” DI water main on Valade
Court. Only projects described in this paragraph which have been completed within 5 years
from the date of execution of this agreement are eligible for reimbursement. If the costs of
the projects total less than $1,000,000, Southborough shall not be entitled to any additional
compensation.
Whereas, following the Project, Southborough proposes to deliver to Hopkinton a minimum
of 0 and a maximum of 2.7 million gpd from the new connection[s].
Whereas, the estimated construction cost of the Project is $XX million dollars, per ...
Whereas, the Hopkinton will be responsible for all costs related to the design and
construction of the Project.
Whereas, Southborough will charge for the water based on the same fee schedule per gallon
as charged to Southborough by the MWRA at the time of usage.
Whereas, the fee schedule may be revised on an annual basis based on actual costs as further
defined and shall be provided to Hopkinton no less than 90 days prior to any fee changes.
Whereas, the Parties are authorized pursuant to G.L. c. 40, §4A, G.L. c, 40, §38 to enter
into the Agreement.
NOW, THEREFORE, in consideration of the mutual agreements and provisions set
forth herein, and the payments and obligations hereunder, and for other good and valuable
consideration, the receipt and adequacy of which consideration is hereby acknowledged, the
Parties hereby agree as follows:
TERMS AND OBLIGATIONS
I. Definitions
For all purposes of this Agreement and any amendments to the same, the following terms
shall have the following meanings:
Hopkinton: Town of Hopkinton (defined previously).
Southborough: Town of Southborough (defined previously).
GAAP: Generally Accepted Accounting Principles.
GPD: gallons per day.
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 5 of 19
MADEP: Massachusetts Department of Environmental Protection.
Maximum Allocated Capacity: the total amount of water allocated by Southborough for
Hopkinton’s use, as set forth in Section [insert] of this Agreement.
MEPA: Massachusetts Environmental Policy Act.
Milestones: intermediate steps and completion dates specified for Project-related activies
as identified in Section [insert] of this Agreement.
MWRA: Massachusetts Water Resources Authority (defined previously).
Net Project Cost: the total cost of all construction and capital obligations described in
Section [insert] of this Agreement.
Project: the project described in Appendix A to this Agreement, and excluding any
upgrades to Southborough’s water system funded by the Incentive Payments.
Project Completion: [insert]
Project Completion Date: the date specified in this Agreement, in Section [insert], for
Project Completion (defined above).
OMR: activities required to assure the dependable and economical functioning of the
Project.
OMR Charge: the proportion of OMR costs for which Hopkinton is responsible to pay.
Turnover Point: the physical point at which Southborough supplies water to Hopkinton
and possession and ownership of said water transfers from Southborough to Hopkinton as
set forth in Section [insert] of this Agreement.
USEPA: United States Environmental Protection Agency.
WRC: Massachusetts Water Resources Commission.
II. Permits and Approvals
A. MADEP Notification. Hopkinton shall notify MADEP of the proposed
construction of the Project.
B. Permits and Approvals.
1. Hopkinton shall be responsible to secure and maintain all necessary
approvals, including but not limited to permits, required for design and construction of the Project
under MEPA or required by the MADEP, MWRA, and WRC. Southborough shall provide all
necessary and reasonable assistance for Hopkinton to obtain such approvals.
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 6 of 19
2. Southborough shall be responsible to secure and maintain all necessary
approvals, including but not limited to permits, for operation of the Project. Hopkinton shall provide
all necessary and reasonable assistance for Southborough to obtain such approvals.
III. Supply of Water.
A. Southborough agrees to furnish, and Hopkinton agrees to purchase, water supplied
by the MWRA.
B. The means and methods of supplying water shall be as determined and approved
by the Southborough Select Board and the Hopkinton Select Board.
C. Southborough shall provide an allocation of 2.7 million gpd for use by Hopkinton
after Project Completion.
1. Southborough has no obligation to increase its Maximum Allocated
Capacity, unless an increase in the same is required by Federal or State law or regulation.
2. If an increase in the Maximum Allocated Capacity is required by state or
federal laws or regulation, the Parties shall mutually confer in good faith to develop a plan for
expansion of the Parties’ water supply system to increase the Maximum Allocated Capacity to the
necessary amount and the cost of such expansion shall be prorated based on the amount of
additional capacity each Party is to receive.
D. Hopkinton may purchase any amount of water , with no minimum purchase
requirement.
E. Southborough shall provide water to Hopkinton at a point at the
Hopkinton/Southborough town line at a physical point to be referred to as the Turnover Point.
F. Hopkinton shall be solely responsible for all water so furnished by Southborough
following provision of the same at the Turnover Point, including at all times said water is in the
Town of Hopkinton distribution system.
G. Hopkinton and Southborough shall operate their respective municipal water
facilities and systems in compliance with all applicable laws, regulations, permits, orders, or other
legal authorities issued by USEPA, MADEP, or any other governmental authority having
jurisdiction over the production, treatment, transmission, distribution, or storage of water.
IV. Water Monitoring and Sampling
A. Southborough shall perform all required water testing, monitoring, and sampling
required by applicable legal authority, on its side of the Turnover Point and shall provide the
results of such monitoring to Hopkinton within [INSERT] days.
V. Operations, Maintenance, and Repair (OMR)
A. OMR shall comprise but not be limited to the following:
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 7 of 19
1. Maintenance and Repair: Repair and preservation of the functional
integrity and efficiency of any pumps, facilities, pipes, conduits, or equipment that make up the
Project. This includes preventive and corrective maintenance. Repair does not cover increase in the
pump station capacities referred to as a Future Capital Upgrade under Section 12.
2. Replacement Equipment Costs: Replacement of machinery required to
supply water. Hopkinton will pay for a pro rata share of the depreciation of any pumps, facilities,
pipes, conduits, or equipment that make up the Project, with such payments deposited to a special
fund from which all future replacement of such equipment during the term of the Agreement shall
be funded. Prior to undertaking any replacement work, the Parties shall consult with each other to
ascertain the need for such replacement.
3. Operation: Control and Operation of the Project. This includes but is not
limited to supervision, financial and personnel management, record keeping, safety and emergency
planning, monitoring and sampling, measuring water flow, obtaining permits, performing
inspections and audits, and administering this Agreement.
B. Hopkinton shall be solely responsible for all OMR on Hopkinton’s side of the
Turnover Point.
C. Southborough and Hopkinton shall allocate OMR on Southborough’s side of the
Turnover Point as follows:
• 12” DI water main in the vicinity of the interconnection on Cordaville Road,
Southville Road, and River Street (Route 85) and approximately 2,800 feet of new
12” DI water main on Parkerville Road from Route 9 to Fairview Drive. [then we
need to define how the costs of this are allocated]
• Boland and Hosmer pump stations. [same comment]
• New booster pump station between Deerfoot Road and Sarsen Stone Way [same
comment]New Oak Hill Tank .[same comment]
D. Southborough shall perform all OMR work subject to cost allocation between the
Parties, unless the Parties mutually agree otherwise in writing.
E. Annual OMR Charges Paid by Hopkinton
1. Water flow for which Hopkinton shall be responsible to pay an OMR
charge, to be referred to as the “OMR Charge,” shall be only that water that flows beyond the
Turnover Point into Hopkinton’s water distribution system. The cost of any other OMR shall be
borne solely by Southborough.
2. The OMR Charge shall be calculated by: (i) measuring and recording
actual water flows at Southborough’s interconnection point with the MWRA’s water transmission
system; (ii) measuring and recording actual water flows at the Turnover Point; and (iii) using the
flows recorded as (i) and (ii) to derive the portion of total MWRA water flows attributable to each
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 8 of 19
party’s usage.
3. Hopkinton shall pay part of the OMR in the proportion that Hopkinton’s
actual water flow—the OMR Charge—and Southborough shall pay the remainder of the total OMR
cost.
4. If increased flows from the Project require (a) greater monitoring or
sampling, pursuant to 310 CMR 22.05 through 310 CMR 22.09; or (b) additional or more highly
trained operators for the Project pursuant to 310 CMR 22.l 1B, then the incremental costs thereof
shall be included in the total OMR cost.
5. If increases in the population served by the Project trigger new
requirements under 310 CMR 22.00 or any applicable Federal or State regulation, the additional
costs of compliance with these requirements shall be included in the total OMR cost.
6. Hopkinton shall include in its rates billed to local residents and businesses
amounts sufficient to cover the OMR Charge.
7. Southborough shall include in its rates billed to local residents and
businesses amounts sufficient to cover Southborough's OMR costs.
F. OMR Measurements and Measuring Devices
1. Southborough shall be responsible to ensure that all measuring devices
are calibrated quarterly.
2. The Parties shall regularly inspect measuring devices upon a mutually-
agreed to schedule. Southborough shall be responsible to repair or replace any measuring device or
any part of a measuring device that: (i) has registered a larger total volume of water flow than
prescribed by standard AWWA practice; (ii) has been in service longer than established AWWA
practice; or (iii) is known or suspected to be registering incorrectly. The cost to repair or replace
any measuring device or any part of a measuring device shall be part of OMR.
3. Hopkinton shall have the right to test measuring device at any reasonable
time with reasonable notice to Southborough. If such a measuring device is found to be registering
a larger total volume of water flow than prescribed by standard AWWA practice, then
Southborough shall immediately repair or replace the measuring device or the part of the measuring
device at fault.
4. If either Party believes that a measuring device is registering incorrectly,
the Party, acting through the Party’s chief executive body, shall prepare an estimate of the amount
of water furnished through the faulty measuring device. The estimate shall be based upon the
average of three (3) preceding readings of the meter, exclusive of incorrect readings. If less than
three (3) correct readings are available, fewer readings, including some obtained after the period of
incorrect registration, may be used. The Parties shall forthwith adjust the OMR charges to either
Party to accurately reflect the appropriate charge.
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 9 of 19
G. Responsible Officials. Southborough shall notify Hopkinton in writing, and keep
Hopkinton informed, of the name and title of its official or officials responsible for water supply to
Hopkinton and for implementation of the terms of the Agreement. Hopkinton shall notify
Southborough in writing, and keep Southborough informed, of the name and title of its official or
officials responsible for water in Hopkinton and for implementation of the terms of the Agreement.
VI. Project Procedures and Governance
A. Total Project Costs. Hopkinton shall pay for all costs for design and construction
of the Project as specified in and subject to the provisions of this Agreement.
1. In no event shall Hopkinton be required to pay more than [insert cap] in
total costs for design and construction of the Project, unless a written amendment to this Agreement
is executed by both Parties.
2. Southborough shall not be authorized under this Agreement to incur any
cost chargeable to Hopkinton without prior approval from Hopkinton.
B. Grants: It is the policy and intention of the Parties to apply for, receive and utilize
all appropriate financial and other aid which can be effectively used for the Project. To that end,
the Parties shall make joint or separate applications (as appropriate and after discussion between
the Parties) as the circumstances and requirements of the grantor or grantors may require and will
provide and pledge to each faithful cooperation. Any aid received that is attributable to the Project
will be administered and employed in accordance with the terms thereof. To the extent that it
becomes available, aid shall be utilized to defray, reduce, or reimburse costs of the joint undertaking
pursuant to the Agreement.
C. Schedule. The Project shall be fully constructed and operational no later than
[date] (the “Project Completion Date”). In order to achieve this date, the Parties shall achieve the
following Project milestones (“Milestones”):
[insert]
Failure by a Party to comply with a milestone shall serve as a material breach of this Agreement.
D. Design
1. Qualified engineering firm or firms as may be selected by Hopkinton, shall
prepare construction-ready design plans and specifications for the Project or portions of the Project,
which shall be shared with Southborough. The design fee shall be as agreed to by Hopkinton, and
any design contract amendments shall be approved by Hopkinton. The design contract scope shall
include construction administration, including a full-time resident engineer, who shall report to
Hopkinton but be responsible for keeping both Hopkinton and Southborough apprised of the status
of construction.
2. The Project design shall meet or exceed all requirements imposed by
Federal or State law or regulation and, further, to qualify for financial assistance as may be available
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 10 of 19
from USEPA, MADEP, or other governmental body.
3. Hopkinton shall pay all reasonable costs to design the Project.
4. Hopkinton shall reimburse Southborough for all reasonable costs up to but
not exceeding $200,000 for Southborough’s retention of an independent engineering firm to peer
review final design plans and specifications for the Project. Southborough shall provide to
Hopkinton monthly statements itemizing any costs incurred by said independent engineering firm.
5. The Parties shall mutually agree to the design fee, and any peer review
contract amendments
6. Prior to the commencement of procurement for any construction contract,
both Parties shall mutually agree in writing to the final set of Project bid documents. Any contracts
for construction of the Project shall include the following provisions:
• The work shall be sequenced in a such a way that disruption to Southborough’s
existing system during construction shall be kept to a minimum but in no event
shall work on the Project be sequenced in such a way that the Project fails to
achieve the Project Milestones or Project Completion Date specified in this
Agreement;
• Prior to commencement of the work, Southborough shall test its existing system
for leaks. Said testing shall include certification that there are no leaks or other
problems in Southborough’s “Low Zone” prior to the proposed pressure increase,
and any such leaks or other problems shall be repaired at Southborough’s cost prior
to the commencement of the work;
• Testing must be completed prior to acceptance of the work, subject to approval by
Southborough. Said testing shall include certification that there are no leaks or
other problems in Southborough’s “Low Zone” as a result of the implemented
pressure increase, and any such leaks or other problems must be repaired to the
satisfaction of Southborough prior to final acceptance of the work;
• Construction and design performance bonds shall name both Hopkinton and
Southborough as obligees/beneficiaries, including use of a dual obligee rider if
required by the surety to name both entities.
• Indemnification clauses shall include Southborough as an indemnified party.
• Warranties for portions of the Project that are constructed in Southborough shall
name Southborough as the holder of the warranty.
E. Bidding
1. Southborough shall confer with Hopkinton in the evaluation of bids for
each construction contract procured for the Project. The Parties shall mutually agree whether a
bidder is the lowest eligible and responsible bidder prior to Southborough awarding a contract.
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 11 of 19
2. Southborough will reject all bids for a contract if Hopkinton determines
that said rejection is in the best interests of Hopkinton.
F. Construction.
1. The Project shall be constructed in accordance with bid documents
developed by PARE Corporation or such other engineering firm as the Parties may select for a
particular portion of the Project within their Town (jurisdiction).
2. Once procurement of the construction contractor is complete, construction
of the Project may proceed under Hopkinton’s supervision. Southborough shall have the right to
observe any and all construction activities.
3. Hopkinton shall provide Southborough with monthly reports concerning
the progress of the construction during the prior month.
4. Hopkinton shall be responsible for paying for all costs of construction.
Southborough shall require in the contract with the construction contractor that applications for
payment be submitted simultaneously to Southborough and Hopkinton. Hopkinton shall pay the
construction contractor directly.
VII. System Upgrades and Expansion.
A. Procedure. The Parties shall mutually agree to future system upgrades and
expansions. The Parties shall engage in good faith, mutual negotiations concerning the same, if
requested by either Party. Unless required by another provision in this Agreement, no Party shall
be obligated to upgrade or expand any portion of the Project or either Party’s respective water
facilities or system.
B. Capital Upgrades
1. For all future capital upgrades that are required by application of Federal
or State law or regulation, Hopkinton shall pay its pro rata share based upon its maximum allocated
capacity compared to the total capacity of the pump station.
2. Any upgrades or additional processes which either Party shall request
to be installed and that are not required by Federal or State law or regulation shall be paid
solely by the Party requesting the same, unless the Parties otherwise agree.
VII. System Management and Operations
A. Management and Control. Subject to the specific terms of this Agreement, the
Southborough water facilities and system shall be under the management and control of
Southborough and the Hopkinton water facilities and system shall be under the management and
control of Hopkinton.
B. Employees. Southborough employees, servants, and agents shall not be deemed to
be Hopkinton's employees, and Hopkinton’s employees, servants and agents shall not be deemed
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 12 of 19
to be Southborough's employees for any including, but not limited to, either Workers'
Compensation or unemployment purposes.
C. Leak Identification. The Parties shall each maintain and fund a continuous leak
identification program within the respective towns on an annual basis in accordance with
applicable MADEP regulations and guidelines prior to the initiation of work.
D. Inspections. Hopkinton has the right to inspect and test any equipment which
Southborough is required to install and/or maintain under this Agreement such as, but not limited
to, any meters, mains, pumps, valves, tanks, towers or other equipment which are used to provide
water to Hopkinton.
E. Water Conservation. Hopkinton shall meet or exceed MWRA required water
conservation measures.
F. Capacity Limits
1. Southborough's obligation to supply water under this Agreement is
contingent on the MWRA supplying Southborough with water flows sufficient to meet the needs
of both Parties.
2. If there is a deficiency in the MWRA water flows such that both Parties’
required water flows cannot be maintained, then the deficiency shall be borne by both Parties in
the same proportion as the allocated capacities established under this Agreement.
3. Southborough shall only ration or curtail service as a result of the order of
a public authority or agency having jurisdiction over the MWRA, or as the result of an emergency
condition, a specific result of which rationing, or curtailment of service is required. Southborough
shall take such measures as are necessary or appropriate to restore full water service as promptly
as possible.
4. If Southborough is required to ration or curtail service, Southborough shall
first notify Hopkinton’s Department of Public Works and Office of the Town Manager. Such notice
shall be given as soon as practicable after the need to curtail or ration is identified. If Southborough
determines to ration or curtail service as above provided, it shall concurrently ration or curtail
service to its own customers in the same manner and to the same extent.
VIII. Recordkeeping and Billing
A. Reports
1. Each Party shall, at the request of the other, promptly provide any records,
reports, documents, or information reasonably related to the rights and obligations of the Parties
under this Agreement and to the performance of the terms of this Agreement.
2. Southborough shall provide quarterly and annual water flow summaries to
Hopkinton. Such summaries shall contain the amount of all water delivered at Southborough’s
interconnection points with the MWRA and the amount of water delivered at the Turnover Point to
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 13 of 19
Hopkinton.
3. Southborough shall maintain records for documenting the total OMR costs
in a manner consistent with that shown in Appendix 2. Southborough shall make those records
available to Hopkinton for viewing and copying upon reasonable notice.
4. Southborough shall maintain all records regarding the operation and
structural aspects of the water supply system as required pursuant to 310 CMR 22.17.
Southborough shall make those records available to Hopkinton for viewing and copying upon
reasonable notice.
5. To the extent Hopkinton has information regarding water supply from
Southborough that is required to be kept by Southborough and upon written request from
Southborough to Hopkinton, Hopkinton shall provide to Southborough all such records or
information.
6. All records maintained by Southborough under this Agreement shall be
prepared and maintained in accordance with sound and appropriate business practices which shall
be subject to reasonable review by Hopkinton.
B. Financial Statements
1. All financial statements, records, bil1s, statements, and reports of any type
relating to this Agreement shall be prepared and maintained in accordance with GAAP and
procedures consistently applied for the operation of municipal water systems.
2. Hopkinton shall have the right to review and examine such accounting
systems, financial statements, records, bills, statements, and reports by agents and representatives
of its choice. Hopkinton shall have the right to request review of any financial information and
statements based upon its review and examination thereof.
C. Audits by Hopkinton. Hopkinton, at its sole expense, may have the records and
statements referenced in Sections [insert] audited by an independent Certified Public Accounting
firm. If the auditor identifies discrepancies over a 2-year period that exceed 5% of the total OMR
costs of Southborough’s operation of the water facilities and systems subject to this Agreement,
Southborough shall pay for the reasonable cost of the audit and, in any event, shall reimburse
Hopkinton any amount overpaid by it to Southborough.
D. Payment Schedule and Budgeting.
1. Once water is being supplied to Hopkinton, Hopkinton shall make all
payments to Southborough that are required by this Agreement quarterly. Payments for OMR costs
under this Agreement shall be included in the quarterly assessments or bills.
2. Hopkinton shall make payment of all charges described in the Agreement
within 90 days of receipt of the invoice relating to such charges.
3. If Hopkinton detects any error or inaccuracy in any invoice received by it,
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 14 of 19
it shall promptly notify Southborough in writing of the same. Any sum affected by such notice shall
be paid by Hopkinton pending resolution of such discrepancy. If Southborough finds that an error
or inaccuracy did occur, Hopkinton shall promptly rebate the amount overcharged.
4. Both Parties agree to appropriate annually sufficient money to pay for each
Party’s obligations under this Agreement.
5. Prior to the first of February preceding the beginning of each Fiscal Year
of this Agreement, Southborough shall prepare and deliver to Hopkinton a copy of an estimated
operating budget for OMR costs. The operating budgets as well as the previous year's water
consumption shall be used in the forecasting of Southborough's and Hopkinton's anticipated costs
in any given fiscal year.
6. Prior to the close of each fiscal year, the Parties shall each encumber
sufficient funds or if sufficient funds are not available, shall appropriate at the next Town Meeting
such funds in order to properly credit the other Party with its pro rata share of OMR costs.
7. It is understood that Southborough may prepare consolidated budgets and
forecasts, and it is agreed that they will be in such form as to permit complete and concise
identification of those portions of the total budget and forecast that relate to the Project, and
sufficient for Hopkinton to encumber those funds as are properly related thereto.
8. Attached hereto and incorporated herein as part of Appendix [insert] is a
spreadsheet setting forth the direct and indirect OMR costs of the Project. It should be noted that
certain line items are actual, specified amounts while other portions thereof are variable amounts.
The actual, specified amounts relate to: (i) operations, administrative, and support personnel, and
(ii) other listed items; and Hopkinton’s share thereof shall be the percentage of the line items set
forth on the schedule.
IX. Dispute Resolution and Enforcement
A. Dispute Resolution
1. The Parties agree to work in good faith to resolve all disputes under this
Agreement. In the event that any Party believes the other in breach or default of any obligation
under this Agreement, the Party shall provide written notice of the same to the other Party. Said
notice shall reasonably describe the breach or default alleged, including identifying all provisions
of this Agreement related to said breach or default.
2. No later than 30 days following such a notice, the Parties shall meet and
negotiate in good faith to resolve the dispute. Each Party shall have the right to reasonably request
information from the other Party related to the dispute, and any Party receiving such a request shall
furnish the requested information within 14 days of the request.
B. Enforcement
1. This Agreement’s validity, interpretation, construction, performance, and
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 15 of 19
enforcement shall be governed by Massachusetts law, without regard to Massachusetts’ choice-of-
law or conflicts-of-law principles or rules. Any claim or action arising under or relating to this
Agreement may be brought only in Middlesex County Superior Court, and the parties hereby agree
that venue is proper, and shall be proper, only in that forum.
2. No Party shall file any action in a court earlier than 60 days following a
notice provided under Section [insert] of this Agreement.
3. Each Party shall bear its own costs, fees, and expenses related to the
enforcement of this Agreement. No Party shall be liable for any reliance or consequential damages
if that Party is determined by a court to be in breach or default of any obligation under this
Agreement.
X. Term and Renewal of Agreement
A. Term. The term of the Agreement is twenty-five (25) years from the Effective
Date.
B. Renewal
1. On or before 10 years from the end of the term of the Agreement, the
Parties shall meet to negotiate a renewal of this Agreement. The Parties shall continue negotiations
in the utmost of good faith with the objective of reaching agreement and entering into an
amendment to the Agreement or a new agreement.
2. If the Parties do not accomplish the foregoing on or before 1 year prior to
the end of the term of the Agreement, the Parties agree to submit the issue to MADEP and MADEP
shall issue orders relating to all terms of renewal and such orders shall be enforceable under
applicable laws and regulations. If at the end of the term of the Agreement the Parties have
neither reached agreement (to enter into an amendment to the Agreement or a new
agreement) nor received such orders from MADEP, the terms of the Agreement shall remain
in full force and effect until such time as an agreement is reached or the enforceable orders
issued.
XI. Termination of Agreement
A. Either Party, by a vote of its Select Board or Board of Selectmen, may withdraw
from and terminate this Agreement effective at the end of the fiscal year ten (10) years following
written notice to the other Party.
B. No such Notice shall be effective sooner than 10 years following the Effective Date
of this Agreement.
C. In the event of termination by Southborough, Hopkinton shall be entitled to recover
a pro rata share of capital costs and Incentive Payments incurred under this Agreement, according
to the following schedule:
Termination on or before 15 years following Effective Date - Hopkinton shall
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 16 of 19
recover 100% of total Project costs and Incentive Payments, including capital
costs and other costs incurred.
Termination after 15 years following the Effective Date but on or before 20
years following the Effective Date - Hopkinton shall recover 75% of total
Project costs and Incentive Payments, including capital costs and other costs
incurred.
Termination after 20 years following the Effective Date - Hopkinton shall
recover 50% of total Project costs and Incentive Payments, including capital
costs and other costs incurred.
XII. Indemnity
A. Southborough shall defend, indemnity, and hold harmless Hopkinton, including
Hopkinton's Select Board, its agents, servants, employees, and/or elected officials from and against
all liability, damage, loss, costs, claim, demands, and actions of any nature whatsoever for any
personal injury, death, or physical damage which arises out of or are connected with, or are claimed
to arise out of or be connected with, Southborough's violation of its water use regulations or
MADEP regulations.
B. Hopkinton shall defend, indemnify, and hold harmless Southborough, including
Southborough's Select Board, its agents, servants, employees, and/or elected officials from and
against all liability, damage, loss, costs, claim, demands, and actions of any nature whatsoever for
any personal injury, death, or physical damage which arises out of or are connected with, or are
claimed to arise out of or be connected with, Hopkinton's violation of its water use regulations or
MADEP regulations.
XIII. Other General Terms
A. Notices. All notices permitted or required by this Agreement shall be in writing
and delivered by certified mail, return receipt requested, to such persons who may be specified
from time to time by each Party and to the other Party’s Town Clerk. No notice shall be effective
until received by the other Party’s Town Clerk.
B. Successors and Assigns. This Agreement shall inure to the benefit of and shall be
binding on the Parties and their successors and assigns.
C. Force Majeure. If and to the extent that a Party is directly prevented from
performing an obligation under this Agreement by an event of force majeure, that Party shall be
excused from performing that obligation and shall not be liable in damages or otherwise for the
time period that the force majeure event directly prevents such performance, and the parties may
also negotiate in good faith with respect to appropriate modifications to the provisions of this
Agreement. The term “force majeure” shall mean only the supervening causes described here, each
of which is beyond the reasonable control of the affected party: fire, earthquake, floods, explosion,
war, terrorism, riots, mob violence, failure of transportation, strikes, lockouts, actions of labor
unions, condemnation, laws or orders of governmental or military authorities, epidemic or
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 17 of 19
pandemic, or any other cause similar to the foregoing, and shall explicitly exclude changed market
conditions.
D. Reliance. Nothing contained in the Agreement shall create a contractual
relationship with, or a cause of action in favor of, a third party against either or both Parties.
E. Entire Agreement. This Agreement and the Appendices to this Agreement
represent the entire agreement among the Parties pertaining to the subjects covered in this
Agreement and expressly supersede all prior negotiations, representations and formal or informal
agreements leading up to the final approval and execution of the Agreement respecting such
subjects.
F. Amendments and Modifications. The Agreement may be amended or modified
only by written instrument signed by all the Parties.
G. Invalidity or Unenforceability. The invalidity or unenforceability of any one or
more phrases, sentences, clauses or sections herein contained by a Court of competent jurisdiction
shall not affect the validity or enforceability of the remaining portions the Agreement.
H. Counterparts. This Agreement may be executed in any number of counterpart
copies, all of which constitute one and the same agreement and each shall constitute an original.
[Remainder of page intentionally blank]
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 18 of 19
IN WITNESS WHEREOF, each Party has executed the Agreement as an instrument under seal as
of the date first written above.
Authorized by Vote of the
TOWN OF HOPKINTON
By its Select Board
____________________________
Chair
Authorized Vote of the
TOWN OF SOUTHBOROUGH
By its Select Board
____________________________
Chair
ASSENTED TO:
MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION
By: ________________________
Commissioner
By: ________________________
Director
Approved as to form: Approved as to form:
________________________ ________________________
Hopkinton Town Counsel Southborough Town Counsel
Hopkinton/Southborough Intermunicipal Water Supply Agreement Page 19 of 19
APPENDIX A
Project Description
[Insert Project Description provided from Pare]
To:Select Board
From:Norman Khumalo
Date:March 10, 2023
Ref:Staff Report - Select Board March 14, 2023 Meeting
1.Draft SWAP/TRIC Shared Housing Services Office Intermunicipal Agreement:On February
28, 2023 I reported that the towns of Hopkinton, Medfield,Milton, Norwood, Randolph, and
Sharon have agreed to create a shared housing office. These communities are part of either
the South-West Advisory Planning Committee (SWAP) or Three Rivers Interlocal Council
(TRIC) sub-regions of the Metropolitan Area Planning Council (MAPC), the regional
planning agency for Greater Boston. Hopkinton has agreed to host the office. I shared a draft
Intermunicipal Agreement to be signed by the end of March. I am respectfully requesting that
the Board consider approving this draft IMA. Briefly,
●The initial term of the agreement expires in June 2026.
●Hopkinton will provide program management, administrative, financial, and
procurement support as the lead agency.
●The participating municipalities will proportionally share the total cost of
operating the SWAP/TRIC Shared Housing Services Office based on the
percentage of hours planned to support each municipality for core services.
●The participating Towns have agreed on a formula for determining the fee
schedule. They will apportion the actual fees based on the contract amount with
the consultant.
On March 7, 2023, the participating Towns issued a Request for Proposals to hire a Consultant.
Proposals are due on April 4, 2023 at 1:00 p.m.The RFP and more information about the Shared
Housing Services office can be found here.
2.Main Street Corridor Project:Dave Daltorio (Town Engineer/Facilities Director) and
Michell Murdock (Project Specialist) have provided the attached update (See Attachment 1).
3.Per- and Polyfluoroalkyl Substances (PFAS) treatment project:Per- and Polyfluoroalkyl
Substances (PFAS) treatment project:The Town has advertised the construction bid
documents and received 6 proposals at the close of the submission period on March 9, 2023,
at 11:00 a.m. The apparent low and responsible bidder was Bay State Regional Contractors in
the amount of $1,198,737, pending reference checks and due diligence.
1
Attachment 1
TO:Select Board
FROM:Michelle Murdock, Dave Daltorio
VIA:Norman Khumalo, Town Manager
DATE:March 9, 2023
SUBJ:Select Board Update:Main Street Corridor Project Date: March 14, 2023
MassDOT’s Original Completion Date for the Project is October 22, 2023. That date was set at
the award of the contract. As of the most recent schedule, submitted by A.F. Amorello on
November 8, 2002, the project is still on schedule for completion by that date.
Phase 1 and 2 of Main Street Reconstruction has been completed. This work focused on the area
from West Main Street to the Fire Station and the 135/85 intersection. This work included the
full-depth excavation of these sections of Main Street and the installation of two of the three final
paving courses. The final course of pavement will be installed at the end of the project.
Phase 3 of Main Street Reconstruction, from the 85/135 intersection to Ash Street, will be started
after the 2023 Boston Marathon.
Phase 1 and 2 of the Main Street reconstruction have been completed. This work focused on the
area from West Main to the Fire Station and the 135/85 intersection and included the full-depth
excavation of these sections of Main Street and the installation of 2 of the 3 final paving courses.
A.F. Amorello & Sons, Inc. finished work for the season on Thursday, December 22.
Winterization of the project is complete, including asphalt for driveways, sidewalks and
wheelchair ramps. A base coat of asphalt has been placed for the shared-use path which will be
plowed and used by all users during the winter.“Motorized Vehicles Prohibited” signs have
been installed.
Traffic signals at the Wood Street and the 135/85 intersection have been completed.
The snow dump has been cleared.
The guard rail at CVS has been installed by Premier Fence.
Construction materials and equipment on Marathon Way have been moved to the area behind
Center School.
Remaining materials at Marathon Way have been removed and the area around the
DoughBoy has been cleaned up.
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Eversource is onsite and is continuing underground infrastructure. Amorello may be onsite
coordinating with Eversource on the underground infrastructure. Expect possible delays
and detours if requested and approved by public safety.
Installation of poles for traffic and speed limit signs have been placed and signs are being
added.
On Friday, March 3, the Town and VHB met with MassDOT to discuss action items for the
project this year.
To Date Construction Cost and Quantities through 9/24/22
Paid By Contract Bid Total
(incl. contingencies)
As of Sept, 24, 2022 Percent Completed
MassDOT/TIP $9,919,513.90 $5,535,689 56%
Paid By Town $10,014,173.48 $6,578,583 66%
Total Cost $19,933,687.38 $12,114,272.90 61%
Work Completed - rounded (does not include every bid item)
As of
12/18/2021
As of
9/24/2022
Percent
Complete
Catch Basins 80 82 100%
Drain Manholes 40 40 100%
Reinforced Concrete Pipe 5,100 ft 5,100 ft 100%
Ductile Iron Pipe 727 ft 727 ft 100%
Hot Mix Asphalt (all types)2,750 tons 10,268 tons 71%
Gravel (all types)2,456 cy 9,873 cy 51%
Rock Excavation 1,037 cy 1,037 cy Est. 100%
Grading and Compaction n/a 18,000 sy 47%
Granite Curbing n/a 3,0147 lf 30%
3
Underground Conduit 2,012 ft 11,459 ft 42%
Utility Vaults Installed 12 18 1.100%
Excavation (all types)968 cy 13,326 cy 56%
Concrete Sidewalk n/a 565 sy 6%
Community Contact (2-22-23 thru 3-8-23)
●A total of 5 issues/concerns from the general public and project abutters were received,
reviewed and researched, and an email response was sent to the individual(s) who
reported an issue or asked a question. Issues reported/questions asked included:
1.Email to project abutter on Grove Street to advise that additional work is required
to determine the cause of the flooding of his basement.
2.Email to project abutter on Grove Street to give notice that repair scheduled for
3/9/23.
3.Complaint by resident at 5 Main Street (property next to the library) that parking
in front of her driveway is continuing making it impossible for her to enter and
exit. Reached out to MassDOT to address the issue; striping was painted over
with spray paint again and a temporary no parking sign was added.
4.Email from project abutter at 84 Main to ask about the black pole in front of her
property. Advised the poles are for traffic and speed limit signs. Abutter responds
that they do no like the sign. Onsite visit by Nicole Bratsos followed up with a
request to VHB to look at the possibility of moving the sign to the corner of the
property and make recommendation to MassDOT.
5.Email from property owner at 121 Main requesting additional information about
the signs in front of his property claiming they are on his property and that he
does not want any additional work done until this issue is resolved. The Town has
requested that MassDOT survey the property and easement lines to address the
property owner ’s claims/concerns.
Miscellaneous
●The Project website will continue to be updated throughout the Project. Visit the website
to sign up for Project Updates. A QR Code has been developed for quick access.
●Project photos and drone coverage of the 135/85 reconstruction have been added to the
website https://hopkintonmainstreet.com/construction-photos.htm
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SWAP/TRIC Shared Housing Services Office IMA
INTER-MUNICIPAL AGREEMENT FOR THE CREATION AND MAINTENANCE OF
THE SWAP/TRIC SHARED HOUSING SERVICES OFFICE
THIS AGREEMENT is entered into by and between the Towns of Hopkinton, Medfield,
Milton, Norwood, Randolph, and Sharon hereafter referred to collectively as the
“Municipalities,” this ___ day of ______ 2023, as follows:
WHEREAS, the Municipalities desire to share the services and costs of a common
SWAP/TRIC Shared Housing Services Office; and
WHEREAS, the Town of Hopkinton is willing and capable of performing the duties
associated with hosting a SWAP/TRIC Shared Housing Services Office; and
WHEREAS, each of the Municipalities has authority to enter into this Agreement
pursuant to G.L. c. 40, s. 4A;
NOW, THEREFORE, the Municipalities, in mutual consideration of the covenants
contained herein, intending to be legally bound, agree under seal as follows:
1. Term. The term of this Agreement shall commence on the date of execution and
shall expire on June 30, 2026, unless earlier terminated as set forth herein. Any municipality
may withdraw from the Agreement as defined below. The Agreement may be renewed for seven
(7) additional three-year terms as voted by each municipality through its respective Select Board,
City or Town Council, and/or primary legislative body by January 1 of the year of the expiring
term.
2. Lead Municipality. During the Term of this Agreement, the Town of Hopkinton
shall act as the lead municipality. The Town of Hopkinton shall perform or provide the
following under the direction of the Town of Hopkinton Town Manager:
a. Issue Requests for Proposals for Consultants to provide housing administrative
services described in Exhibit A: Core Housing Services, attached and
incorporated herein, for all the Municipalities. All procurements must comply
with M.G.L. Chapter 30B and other relevant federal and municipal procurement
thresholds, laws, and statutes;
b. Enter into contracts with Consultant to provide said housing administrative
services;
c. Manage the Consultant contracts;
d. Receive invoices from the Consultants and make payments in a timely manner for
services rendered;
e. Establish a revolving fund to administer the collection, accounting and use of
funds provided by the Municipalities to fund the Consultant contracts;
f. Provide overall program oversight and related administration;
g. Provide conflict resolution in accordance with Section 10 below.
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3. Duties of the SWAP/TRIC Shared Housing Services Office. During the Term of
this Agreement, the SWAP/TRIC Shared Housing Services Office shall perform the housing
administrative services as described in Exhibit A: Core Housing Services for an annual
allocation of hours as indicated in Exhibit B: Fee Structure, attached and incorporated herein.
4. Funding Structure and Payment. The Town of Hopkinton shall annually request
funds from the Municipalities for the upcoming year by July 1 with payment due within 30 days
of the written request and the Municipalities shall provide annual funding to the Town of
Hopkinton pursuant to the Fee Structure, attached as Exhibit B: Fee Structure. Funding for
supplemental services not included in Exhibit A: Core Housing Services and for additional hours
in excess of the allotted hours in Exhibit B: Fee Structure shall be requested separately, at the
discretion of the Town of Hopkinton and the individual municipality. The Town of Hopkinton
shall hold all funds in a separate revolving fund account in trust for each Municipality and shall
not disburse such funds for any purpose other than payment of invoices from the contracted
Consultants for services rendered and other program expenses. Municipalities may contract and
pay for additional hours for supplemental services during the year by mutual agreement between
the consultant and municipality.
5. Subsequent Year Adjustments. The annual allocation of hours in Exhibit B: Fee
Structure shall be reviewed and adjusted, if necessary, annually, three (3) months prior to end of
each fiscal year throughout the Term of this Agreement. The Town of Hopkinton shall provide a
record of the actual hours of services provided to each municipality and propose an amended
Exhibit B in order to make any adjustments necessary for the following year of the Term, which
shall be adopted as the Municipalities may agree, in accordance with Section 15. Municipalities
may increase or decrease hours year-to-year as desired and appropriated. At year end, any
remaining balance of under 10 hours are forgiven; greater than 10 hours due the municipality are
carried forward to the next fiscal year.
6. Indemnification. Notwithstanding the final sentence of G.L. c. 40, §4A, to the
extent permitted by law, each Municipality (the “Indemnifying Municipality”) separately agrees
to indemnify the Town of Hopkinton, including all officials, officers, employees, agents,
servants and representatives, from and against any claim arising out of the duties performed by
the Regional Housing Services Office pursuant to the Agreement in or on behalf of the
Indemnifying Municipality for any claim of liability, loss, damages, costs and expenses for
personal injury or damage to real or personal property by reason of any negligent act or omission
by the SWAP/TRIC Shared Housing Services Office while performing services for the
Indemnifying Municipality. As to any claim or occurrence, the express indemnification set forth
above shall be town-specific:; Hopkinton's obligations shall be limited to the services provided
for Hopkinton; Medfield’s obligations shall be limited to the services provided for Medfield;
Milton’s obligations shall be limited to the services provided for Milton; Norwood’s obligations
shall be limited to the services provided for Norwood; Randolph’s obligations shall be limited to
the services provided for Randolph; and Sharon’s obligations shall be limited to the services
provided for Sharon’.. The Indemnifying Municipality’s obligation to indemnify under this
Section shall be limited to and benefited by the immunities and the limits on liability that would
be applicable under M.G.L. c. 258 and any other law or statute limiting the liabilities of
municipalities as if the negligent act or omission had been made by an employee of the
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Indemnifying Municipality. Furthermore, the Indemnifying Municipalities shall not be liable for
any claims arising from:
a. Violations of state or federal civil rights statutes;
b. Violations of state or federal discrimination statutes;
c. Wrongful termination claims;
d. Violations of any state or federal statute dealing with employment practices;
e. Claims that are covered by any insurance policy.
7. Termination. (Subsection A) Any Municipality, by a vote of its respective Select
Board, City or Town Council, and/or primary legislative body may withdraw from and terminate
this Agreement at the end of any fiscal year with the provision of at least sixty (60) days written
notice to the Town of Hopkinton. No such termination shall affect any obligation of
indemnification that may have arisen hereunder prior to such termination. Upon such
termination, the Town of Hopkinton shall prepare full statements of outstanding unpaid financial
obligations under this Agreement and present the same to the terminating Municipality for
payment within sixty (60) days thereafter. The Town of Hopkinton, by a vote of its respective
Select Board, may terminate this Agreement upon the provision of at least one-month prior
written notice to the participating Municipalities. After termination of this Agreement, the Town
of Hopkinton shall remain liable to the participating Municipalities for any portion of the
payments received not earned. (Subsection B) Any Municipality may withdraw at the end of any
fiscal year in which the municipal legislative body has not appropriated funds sufficient to
support that municipality’s participation in the subsequent fiscal year, provided that in such an
event, the municipality shall give as much notice to other subscribers to this Inter-Municipal
Agreement as the circumstances allow.
8. Advisory Committee. There shall exist an Advisory Committee comprised of one
(1) representative from each municipality, whom shall be appointed by the Town
Manager/Administrator of the municipality. The Advisory Committee shall endeavor to meet on
a quarterly basis in August, November, February and May. The Town of Hopkinton shall prepare
and send to each municipality a quarterly status report prior to the quarterly meeting.
9. Conflict Resolution. The Advisory Committee may hold additional meetings to
discuss and resolve any conflicts that may arise including, but not limited to, disagreements
regarding the needs of each municipality and changes to the annual allocation of hours as
indicated in Exhibit B: Fee Structure. Any recommendations made to the director of the
SWAP/TRIC Shared Housing Services Office must be made by a majority vote. Any unresolved
issues shall be decided by the Town Manager of the Town of Hopkinton.
10. Additional Communities. The Advisory Committee may vote at any time to
amend this Agreement to add an additional municipality or municipalities by unanimous vote
and approval of the Lead Municipality, so long as there are no more than ten (10) member
communities. If voted and approved as provided in this Section, the participation of said
municipality or municipalities is effective as of July 1 of the fiscal year next after the vote is
taken unless otherwise agreed among all parties. Any such additional municipality must be a
municipality within the South West Advisory Planning Committee (SWAP) or Three Rivers
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Interlocal Council (TRIC) subregion of the Metropolitan Area Planning Council (MAPC) unless
waived by a majority of the Town Managers/Administrators of the originally participating
communities.
11. Financial Safeguards. The Town of Hopkinton shall maintain separate, accurate
and comprehensive records of all services performed for each of the Municipalities hereto, and
all funds received from the Municipalities. The Town of Hopkinton shall issue a financial report
for each fiscal year to each of the Municipalities by December 31 of the following fiscal year.
The Town of Hopkinton agrees to comply with audit and financial requests and give full access
to financial records, procurement and transactions documentation, and other applicable
documentation to the Municipalities. The Town of Hopkinton shall promptly notify the
Municipalities of any potential or actual violations of the generally accepted financial,
accounting, or procurement procedures as related to the SWAP/TRIC Shared Housing Services
Office.
12. Non-Local Funding Sources. Should any funding for the SWAP/TRIC Shared
Housing Services Office, appropriated by the Municipalities, stem from non-local funding
sources (i.e. federal, state, other grant sources), the Municipality or Municipalities are required to
notify the Town of Hopkinton, in writing, of the source of the funding ninety (90) days prior to
the beginning of the upcoming fiscal year, or the transfer of funding from the Municipality to the
Town of Hopkinton. Written notice of non-local funding shall include any and all enhanced
record keeping, reporting, audit, and financial management requirements. The Town of
Hopkinton shall acknowledge receipt of the notice of non-local funding, in writing, and affirm
compliance with the outlined reporting requirements. If the Town of Hopkinton acknowledges
the notice of non-local funding and agrees to comply with the outlined reporting requirements,
the Town of Hopkinton is expected to fulfil that obligation to the best of its ability and provide
adequate access to all records to the appropriate Municipality. This clause includes, but is not
limited to, the financial responsibilities established in The Federal Uniform Administrative
Requirements, Cost Principles, and Audit Requirements outlined in the Code of Federal
Regulations, specifically 2 CFR Part 200.
13. Assignment. None of the Municipalities shall assign or transfer any of its rights
or interests in or to this Agreement, or delegate any of its obligations hereunder, without the prior
written consent of all of the other Municipalities.
14. Amendment. This Agreement may be amended only in writing signed by all
Municipalities duly authorized thereunto.
15. Severability. If any provision of this Agreement is held by a court of appropriate
jurisdiction to be invalid, illegal or unenforceable, or if any such term is so held when applied to
any particular circumstance, such invalidity, illegality or unenforceability shall not affect any
other provision of this Agreement or affect the application of such provision to any other
circumstances, and the remaining provisions hereof shall not be affected and shall remain in full
force and effect.
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16. Governing Law. This Agreement shall be governed by, construed, and enforced
in accordance with the laws of the Commonwealth of Massachusetts.
17. Headings. The paragraph headings herein are for convenience only, are no part of
this Agreement and shall not affect the interpretation of this Agreement.
18. Notices. Any notice permitted or required hereunder to be given or served on any
Municipality shall be in writing signed in the name of or on behalf of the Municipality giving or
serving the same. Notice shall be deemed to have been received at the time of actual receipt of
any hand delivery or three (3) business days after the date of any properly addressed notice sent
by mail as set forth below:
Town of Hopkinton
Town Manager
18 Main Street
Hopkinton, MA 01748
Town of Medfield
Town Administrator
459 Main Street
Medfield, MA 02052
Town of Milton
Town Administrator
525 Canton Avenue
Milton, MA 02186
Town of Norwood
General Manager
566 Washington Street
Norwood, MA 02062
Town of Randolph
Town Manager
41 South Main Street
Randolph, MA 02368
Town of Sharon
Town Administrator
90 South Main Street
Sharon, MA 02067
19. Complete Agreement. This Agreement constitutes the entire Agreement between
the Municipalities concerning the subject matter hereof, superseding all prior agreements and
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understandings. There are no other agreements or understandings between the Municipalities
concerning the subject matter hereof. Each Municipality acknowledges that it has not relied on
any representations by any other Municipality or by anyone acting or purporting to act for
another Municipality or for whose actions any other Municipality is responsible, other than the
express, written representations set forth herein.
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[SIGNATURE PAGES FOLLOW EXHIBIT B]
Exhibit A
Core Housing Services
1. Monitoring
• Monitoring Database of Affordable Housing Developments and residents
• Monitor LIP and local ownership units
• Monitor LIP rental developments
• Assist with resales of ownership units
• Maintain municipal inventory records with the Subsidized Housing Inventory
maintained by the Department of Housing and Community Development
2. Local Support
• Assist assessors with valuations of restricted ownership units
• Provide technical support to staff and housing entities
• Create and implement housing programs
• Advise and consult on projects
• Prepare and Review project documents
• Provide resident support, if requested
3. Regional Activities
• Assist communities with regional linkages
• Provide programs and referrals to residents
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[SIGNATURE PAGES FOLLOW EXHIBIT B]
Exhibit B
Fee Structure
The participating municipalities will proportionally share the total cost of operating the
SWAP/TRIC Shared Housing Services Office. The proportional share is determined
based on the percentage of hours planned to support each municipality for core services
as represented in the fee schedule.
Membership Fee Schedule Chart for FY24
This fee structure does not include payment for supplemental services which will be
proposed and invoiced outside of this agreement or payment for additional hours in
excess of the allotted hours.
Hours % of hrs FY24 Fee
Hopkinton
Medfield
Milton
Norwood
Randolph
Sharon
Total 100%
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[signature pages will be separated at time of execution]
Hereon duly authorized and executed as a sealed instrument,
TOWN OF HOPKINTON
By its Town Manager
__________________________________
Date: __________, 2023
Hereon duly authorized and executed as a sealed instrument,
TOWN OF Medfield
By its Town Administrator
__________________________________
Date: __________, 2023
Hereon duly authorized and executed as a sealed instrument,
TOWN OF MILTON
By its Town Administrator
__________________________________
Date: __________, 2023
Hereon duly authorized and executed as a sealed instrument,
TOWN OF NORWOOD
By its General Manager
__________________________________
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SWAP/TRIC Shared Housing Services Office IMA
Date: __________, 2023
Hereon duly authorized and executed as a sealed instrument,
TOWN OF RANDOLPH
By its Town Manager
__________________________________
Date: __________, 2023
Hereon duly authorized and executed as a sealed instrument,
TOWN OF SHARON
By its Town Administrator
__________________________________
Date: __________, 2023
Select Board Members
SELECT BOARD LIAISON LIST FY 2023 Amy Mary Jo Irfan Muriel Shahidul Norman Elaine
FINANCE
Appropriation Committee X X
Board of Assessors X
Town Manager's Budget Advisory Team X
Capital Improvement Committee X
Cable Advisory Committee X
PUBLIC SAFETY
Animal Control X
Fire Department X
Police Department X
PERMITTING
Board of Appeals X
Conservation Commission X
Planning Board X
Board of Health X
Permanent Building Committee X
EDUCATION
School Committee X
Regional Voc. Tech School Committee X
PUBLIC SERVICES
Cemetery Commission X
Commission on Disability X
HUMAN SERVICES
Town Clerk's Office X
Personnel Committee X
Council on Aging X
MetroWest Veterans Service District X X
ADA Oversight Committee X
Veterans Celebration Committee X
Tax Relief Committee X
Select Board Members
SELECT BOARD LIAISON LIST FY 2023 Amy Mary Jo Irfan Muriel Shahidul Norman Elaine
CULTURAL/RECREATIONAL
Hopkinton Cultural Council X
Marathon Committee X
Marathon Fund Committee X
Public Library X
Parks & Recreation Commission X
Youth Commission X
Community Preservation Committee X
HISTORIC PRESERVATION
Woodville Historic District Commission X
Hopkinton Historic District Commission X
Historical Commission X
OTHER
Sustainable Green Committee X
Trail Coordination and Management Committee X
Commissioners of Trust Funds X
Lake Maspenock Dam Advisory Group X
Fruit Street X
Hopkinton Schools Athletic Field Subcommittee X
Boston Athletic Association X
APPOINTED BOARD/COMMITTEE MEMBERSHIPS
Elementary School Building Committee (Life of the Project)X
Irvine-Todaro Properties Advisory Group (Life of the Project)X
Pratt Farm Master Plan Team (Life of the Project)X
Upper Charles Trail Committee (3-year term expiring 6/30/25) X
Open Space Preservation Commission (5-year term expiring 6/30/26)X
Affordable Housing Trust Fund Board (2-year term expiring 6/30/24)X
Metropolitan Area Planning Council Representative, Select Board member
(Town Manager Appointment) X X
MetroWest Regional Transit Authority (1-year term) X
Select Board Members
SELECT BOARD LIAISON LIST FY 2023 Amy Mary Jo Irfan Muriel Shahidul Norman Elaine
Number of X's:7 8 9 8 9 9 2
Pending Select Board Member Future Agenda Items February 15, 2023
Items are listed in the order they were identified. Items identified and already discussed at
meetings are not included on this list.
1.Social Justice issues - Nasrullah (8/4/20)
2.Master Plan action plan/implementation plan items for Select Board - Ritterbusch (12/1/20)
(12/15/20)
3.Examination into municipal cable - Nasrullah (9/7/21)
4.The role of the Select Board in the trails/Upper Charles Trail process and what are the next
steps for the Board - Kramer (1/25/22)
5.Consider support for Senate and House bills regarding a temporary moratorium on
construction of new jails and prisons in Massachusetts - Kramer (1/25/22)
6.Affordable housing updates - Mannan (5/17/22)
7.Economic Development position - Mannan (5/17/22)
8.West Main St. left turns, Cumberland Farms area - Kramer (5/17/22, 10/18/22)
9.Cemetery Commission Rate Changes - Ritterbusch (6/21/22)
10.Parks & Rec. future plans - Mannan (7/12/22)
11.Status and plans for roads & sidewalks; pavement management plan - Mannan (8/2/22)
12.Board & Committee appointments - fostering volunteerism, outreach, and appreciation -
Kramer (9/13/22)
13.Discuss ways to keep seniors in their homes - LaFreniere (10/18/22)
14.Policy on redaction of public survey comments - Ritterbusch (11/1/22)
15.Communications plan for the MWRA connection project - Kramer (11/15/22)
16.Ways to support boards/committees & their Chairs, including reviewing committee Charge,
and asking how things are going - Kramer (12/6/22)
17.Discuss volunteer appreciation - Kramer (12/20/22); Mannan (2/14/22)
18.Boston Marathon Ashland Recognition - Ritterbusch (2/14/22)
19.Center School and Elmwood School - 2/14/22
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