October 5, 2021 6:00 P.M. Meeting of the Board of ...
Transcript of October 5, 2021 6:00 P.M. Meeting of the Board of ...
tRECEIVEDLBY Town CierWjfh at 11:36 am, Oct 01, 2
Town of Southborough, MAMeeting of the Board of Selectmen
October 5, 2021 6:00 P.M.VIRTUAL ZOOM MEETING
May be watched or may participate in the meeting remotely with the meeting link athttps: / /www. southboroughtown.com/remotemeetings
Pursuant to Chapter 20 of the Acts of 2021, An Act Relative to Extending Certain COVID-19 Measures Adopted During the State of Emergency,
signed into law on June 16, 2021, this meeting will be conducted via remote participation. No in person attendance by members of the public
will be permitted.
I. Call Meeting to Order
II. Executive SessionThe Board will be entering into Executive Session per M.G.L. Chapter 30A, Section 21, and returning to Open Session, forthe following items: (1) to discuss contract negotiations for the Town Administrator and the Fire Chief (Exemption 2) asthe Chair has determined that an open meeting may have a detrimental effect on the Town’s negotiating position; and (2) toreview and approve the August 17, 2021 Executive Session minutes.
III. Public Comment
IV. Scheduled Appointments (Board may vote.)a. 7:00PM HEARING: National Grid Petition to install new pole (11-5) at 25 School Streetb. Volunteer interview: Neetij Sehgal, Scholarship Advisory Committee, expiring 6/30/2022c. Cable Committee — Recommendation on renewal cable agreement for Comcastd. Update on Regional Dispatch discussions
V. Reportsa. Chairman’s Report
1. Call with MassDOT on HCVE traffic studyii. Heritage Day
b. Members’ Reportsi. Trails Committee’s recent public walking tour with DCR of the proposed Peninsula Trail
c. Town Administrator Reporti. ALS fundraiser at Southborough Golf Club
VI. Consent Agendaa. Approve Open Session Meeting Minutes: August 17, 2021b. Accept donation of$100.00 for the Fire Department Ambulance Fundc. Approve FY23 Budget/Town Meeting Scheduled. Appointment of Special Counsel for Tax Titlee. Accept resignation from Andrew Pfaff Capital Planning Committee, effective 9/30/21f. Approval of successor contract for Town Administrator
VII. Other Matters (Board iltay vote)a. Approve four (4) 1-day Alcohol License applications for Chestnut Hill Farm “Fall Fun on the Fann” events: October
10, October 17, October 24, October31b. November 1, 2021 Special Town Meeting
i. Meeting logistics — updateii. Downtown District bylaw
iii. Updates/ordering of articlesiv. Approval and signing of final warrant
c. Continuation of Q4 Financial review — EEA Grantd. Board of Health update
VIII. Public Comment
IX. Adjournment
Lisa M. Braccio, Chairman
UPCOMING MEETINGSOctober 7, 2021 October 19, 2021 November 3, 2021
Legal Notice ofPOLE HEARING
Town of Southborough
The Southborough Board of Selectmen shall hold a public hearing on Tuesday,October 5, 2021 at 7:00 p.m. in a virtual meeting, to consider a request forpermission by Mass. Electric Company (National Grid) and Verizon NewEngland Inc. to install a new pole (P 11-5) to be located at 25 School Street. Themeeting may be viewed by the public through a link located athttps://www.southboroughtown.com/remotemeetings
Southborough Board of Selectmen September 21, 2021
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nationaigrid1llVfr
Town of Southborough I SEP 14 j )jBoard of Selectmen 2021 Li
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Southborough, MA 01772
September 10, 2021
To whom it may concern:
Enclosed please fmd a petition of NATIONAL GRID and VERIZON NEW ENGLAND INC., coveringjoint NATIONAL GRID-VERIZON NEW ENGLAND pole locations
If you have any questions regarding this permit, please contact Wendy Paluch:
401-7844267wendy.paluch(a.nationalgriU.com280 Mefrose Street 3”’ floor, Providence, RI 02907
Please notify Ms. Paluch of the hearing date / time.
If this petition meets with your approval, please return an executed copy to each of the above-namedCompanies.
Very truly yours,
Robert Leonida, EngineeringSupervisor, Distribution Design
Enclosures
PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS
August 11,2021
To the Board of Selectmenof the Town of Southborough, Massachusetts
MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC.request permission to erect and maintain poles and wires to be placed thereon, together with such
sustaining and protecting fixtures as said Companies may deem necessary to be owned and used incommon by your petitioners, in the following public way or ways:
School St
National Grid to install new Pole P11-S
Wherefore they pray that after due notice and hearing as provided by law, it be granted joint or identical locationsfor and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures asthey may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked:MASSACHUSETfS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC.
Plan No. 30342023 Dated: 7/30/202 1
Also for permission to lay and maintain underground laterals, cables and wires in the above or intersecting publicways for the purpose of making connections with such poles and buildings as each of said petitioners may desirefor distributing purposes.
Your petitioners agree to reserve space for one cross arm at a suitable point on each of said poles for the fire,police, telephone and telegraph signal wires belonging to the municipality and used by it exclusively formunicipal purposes.
MASSACHUSETTS ELECTRIC COMPANY
By:QQf1Jfl%Manager of Distribution Design
VERIZON NEW ENGLAND, INC.
4Q4By:______________________
Manager, R.O.W.
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LEGEND
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6A I TUESDAY, SEPTEMBER 21, 2021 THE DAILY NEWS
25SCHOOS. ‘THULEGAL 4071C6
P04.8 HEARINGrn xi Southboroxjgh
Tho S nbaiougri Bawd xi Sokelnien shallhold a public hoanng on Turiodaj Oci00c, 5.2021 at 700 pro. na mlxii meeting. Ia can’side, a rogucsi ior perniisoisn by Mum.Eieciiic Coropany Naioeal Grid) and VernonNew Entaod Inc. lx nialt a now polo iF 11Sf ir, li locoind ii 25 School Sireei. Thenrosriog rriay be roowea by the public Wi 0090a link located ai xiros hWwwsouihbo..roaor.rnwn rirerooler000iinirs
Soxprboiaoglr Board or Sclccinwi
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190 BOSTON POST ROAD WLEGAL NOTICE
Public Notice of Site PlanSubmission
A proposed site plan has been submulted to, the following prolecl and isjvitilabte lot public inspections dunnegUlat business hours 9 00 am — 50pm at the Conservation Ollice,Marlborcugh Cr)y Hail Basement
evet 140 Main Street Marlb.irough.MA 01752 Tot 506-460-3768
Dae Cl Meeting 9/21.r2t
Proieci Name and Type or Use Bankof Ame,ica - Retail Bank lOse 61
Pro1ecl Street Address 190 BostonPol Road W Marlborough MA 01752
Applicants Name Matthew Situa
The City will accept public commentsin britten him unfit 14 days from thedate ol this publication. This notiCe ispublished in accordance with the CityCode Chapler 270-2 Site Plan Reviewand Approval.
ADe 13984785MWDN 92t/2t
I2OJEFFRE- AVE.LEGAL NOTICE
TOWN OF HOLLISTONZONING BOARD OF APPEALS
In accordance w.th the Tcwn olHollislon Zoning By-Laws and MOL, C,40A, the Board will hold a public hearing at 8 tO p.m. cix WednesdaySeptember 29, 2021. The purpise 0)the hear rig is to cony do, the Spec-atPermit petition 01 applicants, DavidDubin and Alex Buckler, to, reliplunder the provsionr at Sections11110)117) Commercial Uses and Vi Efor operation at a gym The lcus is120 ]ettrey Avenue in the tndusliiat (Izoning district. Owner is 060 RcaEslate Management. CCC
The hearing is being held vrlually aridbuilt meeting attendance instructionsand apptcatiori mater ats ate availablean the Zornrrg Boards ..atendar andupcomng hear.ngs tab)hitps iwww.lawnothallislon.us/zoringhoard- i-appeaia) All applicationinarenats arc also available tar rewowin the Town Clerk s 011cc during regular ousriless hours. Alt nloresled parties are invited to attend virtually orsubmit Written comments.
John LoveChairman
ADO 13982971MWDN 9.14 921 2721
44 tR Washii ton StC AL NOTICE
TOWN OF HOLLISTONZONING BOARD OF APPEALS
In accordance with the Town olHotliston Zoning By-Laws arid MDL c.40A the Boaicfwill hold a psbl:c hear-rig at 8:05 pro, on WecuircsdaySepteiritiei 29. 202t. the purpose ofthe hearing is to consider ifie SpecialPeimit petition at applicant JOAiiromohive Service CLC. d/b aBoudieau’s Automotive li idle) undeilire provisions cit Sections tfl(E (1 & 4)arid Vl-E for repair and car sales Thctocus is 441R Washington Street v theCommercial (C-h) zoning di:irct.Owner i Sardinha Psmiiy Lid.Partnership.
IB1jYLAW AMENDMENTLEGAL NOTiCETown of Hudson
Public Notice of Hearing
In accordance with the provisions 01MDL. Chapter 40A Section 5, theH loon Planning Board will hold apubIc hearing on October 5. 2021 lullyremote Pursuant Ia Ihe Chapter 20 cIthe Acts at 2021 suspending CertainProvisions of the Open Meeting Law.C C. C. 30A, §18 on whether tli Townnih vote to amend the ZoningProheetive By Laws to daleto. iii menenlirety, the existing Zoning By-law,.ncluding the Zan:nq Map and Sabslititle a new d0cuuiidf eiitihted T’wn ‘.1I luduon Proleclivo Zoning By-tawand new /.oriing Maps.
New components have been added tothe By-laws to not only enhance theuser experience, but help the BuildingComm osioner with zoning enlorcemont issues, and idled new land usesovor the past 60 years. Now componenls iniude the following:
• updated land-use detinikons
• a solar by-law,
• a drioe-lhrough by-law:
• updated parking requirements byland-use
• a tablo oh land uses by zoning district.
• the consolidation of zoning disliicts
• the dig tlzation Ot the Zoning Mapsand:
• clar ly to the section on non-contoem-ng uses and structuies.
A neiv updated and reloimalted aoningbooklet has been cleated, which lookslilt erett horn the current zoning booklet used today. It should be iroted natIhere are no substantive changesbeing proposed as part oh the By-lawsupda]e All zoning dtstrict and overlay district regutations will remainexacUy the same as they are today.One dislricl b:indaiy tweak is beingproposed tot the Downtown Zorrinidistrict to in lode 31 arid 3Washington Street Map 29 Parcel 272and Parcel 274 3 Washington StiedMap 29 Parco) 235 and Iwo minorboundary corrections arc’ being proposed lot consistency purposes.
The texl 01 these proposed amendments and anji related maps are on tilewith the town Clerk arid theDepartment 01 Planning andCommunity Development at 78 MainStreet, Hudson MA and may bereviewed during 6usinass hours. Frimore intQrmat :fl contact theDepailrnent cl Planning aridCommunity DeveLpment at 1978) 5b2-2989. All parsons nterdsted or wishingh-i be heard relative to the proposedzoning amendment should appear atlh time and place designated above.
Huds Planning Board Chair RobertO’Ameiio
A PuOlic Hearing will be lieu on saidpelition wa rerii te psniicipahion withinstiuctions to be pooled on thePlanning Board ineetirtq agenda 7:00PM, Tuesday OcioberS, 2021,
ADC 13984359MWDN 921 9’2&.’1
MECHANICAL. ELECTRICAL ANDPLUMBING ON-CALL SERVICES
LEGAL NOTiCENOTICE TO CONTRACTORS
MECHANICAL ELECTRICAL ANDPLUMBING 0)4-CALL SERVICES
The City of Marlborough, rip Award:ngAuthority by its Deparlmeilt 01 PublicWark- faciiitias Dxiion inaitsSEALED BIDS ii rn q atityd contractorn l.i provide -n-call services to,maintenance. hosting. roulrne repairsemergency repaiis, toubieshco1ingand operation, and iristaltarion oh newequipment refaiing is mechanicalelectrical andphumbing trades (MEP]Contract No. i’F- 2022-01 MEP A one.year contract wiN be awarded in each
thee (3) trades Trade:1 — MechanIcal I HI/AC Controls;Trade: 2 - Electrical; Tride: 3 -
Plumbing a! various City locations.
Legal Notices Legal Notices
You knowthat noseyour heart
makeswhen youwork out?
IT’S CALLED
APPLAUSE.
Think of each beat asyour heart’s way of cheer-ing you on tot stayingphysically active. Want astanding ovation? Trykeeping your diet low incholesterol and saturatedtat too. For more ways tolower your risk of heartattack and stroke, visitwww.americanheart.org orrII 1-P.flfl-AI-1AI IcM
Soutliborough, MA17 Common Street
Phone: 508-485-0710
Citizen Activity FormGood Government Starts with You
Date Submitted: August 31, 202L
Name: N ‘-‘
Home Address: I
Mailing Address:
Phone Number(s):
________________________________________________________
EmailAddress: I
______________________________________________________________
Current OccupafionlEmp!oyer: LawyeriCushman & Wakefield
Narrative: I am a full-time working mom to a young family but making time for my community is importantto me. I am a lifelong Southborough resident and benefited from the education SouthboroughPublic Schools provided to me and now to my children. I am in-house counsel for a large publiccompany and focus my practice on employment law. I also help my family maintain its annualscholarships to ARHS and Tufts Veterinary School in honor of my father.
Board(s) I Committee(s): AMERICANS WITH DISABILITIES ACT COMMITTEESCHOLARSHIP ADVISORY COMMITTEE
Page 7/1
EXECUTIVE SUMMARY
Comcast Cable Television Renewal License
Background: The Comcast license expired on September 19, 2021. The license onlycovers the Pine Hill Road area. Comcast has 32 subscribers in Southborough who areserved as part of Comcast’s Framingham service and receive Framingham PEG channels.
Significant License Terms
1. Term: 10 years
Due to Verizon’s limited presence in Southborough and the fact that it does not connectto SAM, the Committee negotiated a ten-year renewal license. The renewal licenses withVerizon and Charter, which both interface with SAM, are each for five years.
2. Operational Funding — 5% of gross revenue
This is the maximum permitted by law and matches the level of funding provided byVerizon and Charter.
3. Capital Funding: 0
Because Corncast, unlike Verizon and Charter, does not transmit SAM PEGprogramming to its Southborough subscribers, the Committee did not obtain funding tosupport SAM’s capital needs. There was also no capital funding required underComcast’s original license.
RENEWAL
CABLE TELEVISION LICENSE
FOR
THE TOWN OF SOUTH BOROUGH,MASSACHUSETTS
SEPTEMBER 20, 2021-SEPTEMBER 19, 2031
Renewal Cable Television License for the Town of Southborough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
TABLE OF CONTENTS
INTRODUCTION 4
ARTICLE 1 DEFINITIONS 5SECTION 1.1-DEFINITIONS 5
ARTICLE 2 GRANT OF RENEWAL LICENSE 10SECTION 2.1-GRANTOF RENEWAL LICENSE 10
SECTION 2.2-TERM: NON-EXCLUSIVITY 10
SECTION 2.3— POLE AND CONDUITAUACHMENT RIGHTS 10
SECTION 2.4—RENEWAL 11
SECTION 2.5- RESERVATION OF AUTHORITY 11
SECTION 2 6 COMPETITIVE EQUITY 11
ARTICLE 3 SYSTEM SPECIFICATIONS AND COt4 UCTION 14SECTION3.1—AREATOBESERVED 14
SECTION 3.2-SUBSCRIBER NETWORK 14
SECTION 3.3- PARENTAL CONTROL CAPABILITY 14
SECTION 3.4---EMERGENCY ALERT OVERRIDE CAPACITY 15
ARTICLE 4 TECHNOLOGICAL AND SAFETY STANDARDS 16SECTION 4.1— SYSTEM MAINTENANCE 16
SECTION 4.2—REPAIRS AND RESTORATION 16
SECTION 4.3- CABLE LOCATION 17
SECTION 4.4—T TRIMMING 17
SECrION4.5—STRANDMAPS 18
SECTION4.6—BUILDINGMOVES 1$
SECTION4.7—DIGSAFE 18
SECTION 4.8— DISCONNECTION AND RELOCATION 1$
SECTION 4.9— EMERGENCY REMOVAL OF PLANT 19
ARTICLE 5 PROGRAMMING 20SECTION 5.1-BASIC CABLE SERVICE 20
SECTION5.2-PROGRAMMING 20SECTION 5.3— CABLE CHANNELS FOR COMMERCIAL USE 20
ARTICLE 6 PEG ACCESS CHANNEL(S) AND SUPPORT 21SECTION6.1-PEGACCESS 21SECTION 6.2-PEGACCESSPROVIDER 21SECTION 6.3- PEG ACCESS PROGRAMMING TO SUBSCRIBERS IN THE SERVICE AREA 22
SECTION 6.4—PEG ACCESS SUPPORT 22
ARTICLE 7 CUSTOMER SERVICE AND CONSUMER PROTECTION 23SECTION7.1-CUSTOMERSERVICE 23
SECTION 7.2— CONSUMER COMPLAINT PROCEDURES 23SECTION 7.3- PROTECTION OF SUBSCRIBER PRIVACY 23SECTION 7.4- EMPLOYEE IDENTIFICATION CARDS 24
ARTICLE $ PRICES AND CHARGES 25SECTION 8.1- PRICES AND CHARGES 25
ARTICLE 9 REGULATORY OVERSIGHT
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Renewal Cable Television License for the Town of Southborough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
SECTION 9.1- INDEMNIFICATION 26SECTION 9.2- INSURANCE 26SECTION 9.3- PERFORMANCE BOND 27SECTION 9.4- LICENSE FEES 27SECTION 9.5- EQUAL EMPLOYMENT OPPORTUNITY 2$SECTION 9.6- REVOCATION OF LICENSE 2$SECTION 9.7- NOTICE AND OPPORTUNITY TO CURE 29SECTION 9.9-TRANSFER OR ASSIGNMENT 31SECTION 9.10-REMOVALOF SYSTEM 32SECTION 9.11- INCORPORATION BY REFERENCE 32SECTION 9.12- NO THIRD-PARTY BENEFICIARIES 32
ARTICLE 10 MISCELLANEOUS 34SECTION 10.1- SEVERABILITY 34SECTION 10.2- FORCE MAJEURE 34SECTION 10.3- NOTICES 34SECTION 10.4-ENTIRE AGREEMENT 35SECTION 10.5- CAPTIONS 36SECTION 10.6- APPLICABILITY OF RENEWAL LICENSE 36SECTION 10.7-WARRANTIES 36
SIGNATURE PAGE
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Renewal Cable Television License for the Town of Southborough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
SOUTHBOROUGH RENEWAL LICENSE
INTRODUCTION
WHEREAS, Comcast of Massachusetts Ill, Inc., (hereinafter “Licensee”), is the duly authorized
holder of a renewal license to operate a cable television system in the Town of Southborough,
Massachusetts (hereinafter the “Town”), said license having commenced on September 20, 2011;
WHEREAS, Licensee filed a written request for a renewal of its license by letter dated November
12, 2018 in conformity with the Cable Act and filed a renewal proposal April 30, 2021;
WHEREAS, there has been an opportunity for public comment, as required by Section 626(h) of
the Cable Act;
WHEREAS, the Issuing Authority has determined that the financial, legal, and technical ability of
Licensee is reasonably sufficient to provide services, facilities, and equipment necessary to meet the
future cable-related needs of the community, and desires to enter into this Renewal License with
Licensee for the construction and continued operation of a cable system on the terms and conditions set
forth herein; and
WHEREAS, the Town’s Selectboard, 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:
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Renewal Cable Television License for the Town of Southborough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
ARTICLE 1
DEFINITIONS
SECTION 1.1 - DEFINITIONS
For the purpose of this Renewal License, capitalized terms, phrases, words, and abbreviations
shall have the meanings ascribed to them in the Cable Act, as amended from time to time, and
Massachusetts General Laws Chapter 166A (M.G.L. c. 166A), as amended from time to time, unless
otherwise defined herein.
a) Access Provider — shall mean the person, group or entity, or non-profit, designated by the
Issuing Authority for the purpose of operating and managing the use of Public, Educational and
Governmental Access funding, equipment and channels on the cable television system in accordance with
this Renewal License and 47 U.S.C. 531.
fb) Basic Cable Service — shall mean the lowest tier of service which includes the
retransmission of local television broadcast signals.
(c) Cable Act — shall mean the Cable Communications Policy Act of 1984, Public Law No. 98-
549 98 Stat 2779 (1984) 47 U S C 521 et seq, amending the Communications Act of 1934 as further
amended by the 1992 Cable Consumer Protection and Competition Act, Public Law No. 102-385 and the
Telecommunications Act of 1996, Public Law No. 104-458, 110 Stat. 56 (1996) and as may be further
amended.
(d) Cable Service — shall mean the one-way transmission to subscribers of (i) video
programming, or (ii) other programming service, and subscriber interaction, if any, which is required for
the selection or use of such video programming or other programming service.
(e) Cable System or System — shall mean the facility owned, constructed, installed, operated
and maintained by Licensee in the Town of Southborough, consisting of a set of closed transmission paths
and 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 a
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community, but such term does not include (a) a facility that serves only to retransmit the television
signals of one or more television broadcast stations; (b) a facility that serves subscribers without using
any public right-of-way; (c) a facility of a common carrier which is subject, in whole or in part, to the
provisions of Title II of the Cable Act, except that such facility shall be considered a cable system (other
than for purposes of section 621(c) of the Cable Act) to the extent such facility is used in the transmission
of video programming directly to subscribers unless the extent of such use is solely to provide interactive
on-demand services; or (d) an open video system that complies with section 653 of this title, or (e) any
facilities of any electric utility used solely for operating its electric utility systems.
(1) Department or DIC — shall mean the Massachusetts Department of Telecommunications and
I.Cable.
(g) pj — shall mean the coaxial cable that connects a home or building to the Subscriber
Network or Video Return Line.
(h) Effective Date — shall mean September 20, 2021
(i) FCC — shall mean the Federal Communications Commission or any successor governmental
entity.
(j) Franchise Fee — shall mean the payments to be made by Licensee to the Issuing Authority,
the Town of Southborough and/or any other governmental subdivision, or designated Access Provider,
which shall have the meaning as set forth in Section 622(g) of the Cable Act.
fk) Gross Annual nues — means the Cable Service revenue actually received by the
Grantee from the operation of the Cable System in the Franchise Area to provide Cable Services,
calculated in accordance with generally accepted accounting principles (“GAAP”). Cable Service revenue
includes monthly basic, premium and pay-per-view video fees, leased access fees, advertising and home
shopping revenue, installation fees and equipment rental fees. Gross Revenue shall not include
refundable deposits, bad debt, late fees, investment income, programming launch support payments,
advertising sales commissions, nor any taxes, fees or assessments imposed or assessed by any
governmental authority.
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Renewal Cable Television License far the Town of Southborough, MATerm: September 20, 2021 —September 19, 2031 (lOyrs.)
DATE: September, 1 2021
(I) Issuing Authority — shall mean the Selectboard of the Town of Southborough,
Massachusetts, or the lawful designee thereof.
fm) Licensee — shall mean Comcast of Massachusetts Ill, Inc., or any successor or transferee in
accordance with the terms and conditions in this Renewal License.
(m) License Fee — shall mean the payments to be made by Licensee to the Issuing Authority, the
Town of Southborough and or any other governmental subdivision, which shall have the meaning as set
forth in M.G.L.c. 166A, § 9.
(o) Modulator — shall mean CAW modulator or equivalent device used for video signal
transport.
(p) Multichannel Video Programming Distributor—shall mean a person such as, but not limited
to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or
a television receive-only satellite program distributor, who makes available for purchase, by subscribers
or customers, multiple channels of video programming.
(q) Normal Operating Conditions — shall mean those service conditions which are within the
control of the Franchisee. Those conditions which are not within the control of the Franchisee include,
but are not limited to, natural disasters, public health emergencies, civil disturbances, power outages,
telephone network outages, and severe or unusual weather conditions. Those conditions
which are ordinarily within the control of the Franchisee include, but are not limited to, special
promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and
maintenance or upgrade of the Cable System.
(r) Outlet — shall mean an interior receptacle that connects a television set to the Cable
Television System.
(s) PEG Access User — shall mean a Person utilizing the Cable System, including all related
facilities for purposes of production and/or transmission of PEG Access Programming as opposed to
utilization solely as a Subscriber.
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Renewal Cable Televisian License far the lawn afSauthborough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
(t) Person — shall mean any natural person or any association, firm, partnership, joint venture,
corporation, or other legally recognized entity, whether for-profit or not-for profit, but shall not mean the
Issuing Authority.
(u) Public, Educational and Governmental (PEG) Access Channel — shall mean a video channel
made available by the Licensee for non-commercial use by the public, educational institutions such as
public or private schools, but not “home schools,” community colleges, and universities, as well as the
Issuing Authority.
(v) Public, Educational and Government (PEG) Access Programming — shall mean non
commercial programming produced by any Southborough residents or organizations, schools and
government entities and the use of designated facilities, equipment and/or channels of the Cable System
in accordance with 47 U.S.C. 531 and this Renewal License.
fw) Public Way — shall mean the surface of, and the space above and below, any public street,
highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle
or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips,
or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or
improvements located thereon now or hereafter held by the Issuing Authority in the Town of
Southborough, which shall entitle Licensee to the use thereof for the purpose of installing, operating,
repairing, and maintaining the Cable System. Public Way shall also mean any easement now or hereafter
held by the Issuing Authority within the Town of Southborough for the purpose of public travel, or for
utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-
way as shall within their proper use and meaning entitle Licensee to the use thereof for the purposes of
installing, operating, and maintaining Licensee’s Cable System over poles, wires, cables, conductors,
ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be
ordinarily necessary and pertinent to the Cable System.
(x) Renewal License or License — shall mean this Agreement and any amendments or
modifications in accordance with the terms herein.
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Renewal Cable Television License far the lawn of Sauthbaraugh, MATerm: September20, 2021 —September 19, 2031 (lOyrs.)
DATE: September, 1 2021
(y) Signal — shall mean any transmission which carries Programming from one location to
another.
(z) Standard Installation — shall mean the standard one hundred twenty-five foot (125’) aerial
Drop connection to the existing distribution system.
faa) Subscriber — shall mean a Person who lawfully receives Cable Service with Licensee’s
express permission.
(bb) Subscriber Network — shall mean the trunk and feeder signal distribution network over
which video and audio signals are transmitted to Subscribers.
cc) Town — shall mean the Town of Southborough, Massachusetts.
fdd) Trunk and Distribution System — shall mean that portion of the Cable System for the delivery
of Signals, but not including Drop Cable(s) to Subscriber’s residences.
fee) Video Programming or Programrnjg — shall mean the programming provided by, or
generally considered comparable to programming provided by, a television broadcast station.
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Renewal Cable Televisian License far the Tawn af Southbaraugh, MATerm: September20, 2021 —September19, 2031 (loyrs.)
DATE: September, 1 2021
ARTICLE 2
GRANT OF RENEWAL LICENSE
SECTION 2.1 - GRANT OF RENEWAL LICENSE
a) Pursuant to the authority of M.G.L. c. 166A, the Cable Act and subject to the terms and
conditions herein the Issuing Authority hereby grants a non-exclusive Renewal License to Comcast of
Massachusetts Ill, Inc., authorizing and permitting Licensee to construct, operate and maintain a Cable
System in the Public Way within the municipal limits of the Town. Nothing in this License shall be
construed to prohibit Licensee from offering any service over its Cable System that is not prohibited by
federal or state law.
(b) This Renewal License is granted under and in compliance with the Cable Act and M.G.L.c.
166A, and in compliance with all rules and regulations of the FCC and the Department in force and effect
during the period for which this Renewal License is granted.
SECTION 2.2 - TERM: NON-EXCLUSIVITY
The term of this non-exclusive Renewal License shall be for a period of ten (10) years and shall
commence on September 20, 2021 following the expiration of the current license, and shall expire at
midnight on September 19, 2031.
SECTION 2.3 - POLE AND CONDUIT ATTACHMENT RIGHTS
Pursuant to M.G.L.c. 166, §22-25, permission is hereby granted to Licensee to attach or
otherwise affix including, but not limited to cables, wire, or optical fibers comprising the Cable System to
the existing poles and conduits on and under public streets and ways, provided Licensee secures the
permission and consent of the public utility companies to affix the cables and/or wires to their pole and
conduit facilities. By virtue of this License the Issuing Authority grants Licensee equal standing with
power and telephone utilities in the manner of placement of facilities on Public Ways.
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SECTION 2.4 - RENEWAL
a) In accordance with the provisions of federal law, M.G.L.c. 166A, §13 and applicable
regulations, this Renewal License shall be subject to additional renewals for periods not to exceed ten
(10) years or such other periods as allowed by law and shall be upon mutual written agreement with such
modified or additional terms as Licensee and the Issuing Authority may agree.
SECTION 2.5 - RESERVATION OF AUTHORITY
Nothing in this Renewal License shall (A) abrogate the right of the Issuing Authority to perform
any public works or public improvements of any description, (B) be construed as a waiver of any codes or
bylaws/ordinances of general applicability and not specific to the Cable System, Licensee, or this License,
or f C) be construed as a waiver or release of the rights of the Issuing Authority in and to the Public Ways.
This License is a contract and except as to those changes which are the result of the Issuing Authority’s
lawful exercise of its general police power, the Issuing Authority may not take any unilateral action which“I
materially changes the explicit mutual promises in this License. Any changes to this License must be made
in writing signed by the Licensee and the Issuing Authority Any conflict between this License and any
Issuing Authority ordinance or regulation that is not generally applicable shall be resolved by a court of
competent jurisdiction. Notwithstanding any other provision of this License, Licensee reserves the right
to challenge provisions of any ordinance, rule, regulation, or other enactment of the Issuing Authority
that conflicts with its contractual rights under this License, either now or in the future.
SECTION 2.6 - COMPETITIVE EQUITY
a) Licensee acknowledges and agrees that the Issuing Authority reserves the right to grant one
or more additional licenses or other authorizations to other Cable Service providers or wireline-based
video service providers within the Town for the right to use and occupy the Public Ways or streets within
the Town. If any such additional or competitive license or other authorization is granted by the Issuing
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Renewal Cable Television License far the Tawn of Southbaraugh, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
Authorities which, in the reasonable opinion of Licensee, contains more financially favorable or less
burdensome terms or conditions than this Renewal License, including, but not limited to: franchise fees;
insurance; system build-out requirements; performance bonds or similar instruments; PEG access
channels and support; customer service standards; required reports and related record keeping; and
notice and opportunity to cure breaches; the Issuing Authority agrees that it shall amend this Renewal
License to include any more favorable or less burdensome terms or conditions.
(b) In the event an application for a new cable television license or other authorization is filed
with the Issuing Authority, proposing to serve the Town, in whole or in part, the Issuing Authority shall
serve a copy of such application upon any existing Licensee or incumbent cable operator by registered or
certified mail or via nationally recognized overnight courier service within a reasonable time thereafter.
(c) To the extent allowed by applicable law(s), the grant of any additional cable television
license(s) or other authorization shall be on equivalent material terms and conditions as those contained
in this Renewal License.
(d) The issuance of additional license(s) shall be subject to all applicable federal and state laws,
including M.G.L.c. 166A and applicable regulations promulgated thereunder.
(e) In the event that Licensee believes that any additional license(s) or other authorization has
been granted on terms or conditions materially more favorable or less burdensome than those contained
in this Renewal License, the Issuing Authority shall convene a public hearing on such issue, within not
more than thirty (30) days of receipt of a hearing request from Licensee. Along with said written request,
Licensee shall provide the Issuing Authority with written reasons for its belief. At the public hearing, the
Issuing Authority shall afford Licensee an opportunity to demonstrate that any such additional license(s)
or other authorization are on terms more favorable or less burdensome than those contained in this
Renewal License. Licensee shall provide the Issuing Authority with such financial or other relevant
information as is reasonably requested.
ff) Should Licensee demonstrate that any such additional license(s) or other authorizations
have been granted on terms and conditions more favorable or less burdensome than those contained in
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Renewal Cable Television License for the Tawn of Sauthbaraugh, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
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this Renewal License, the Issuing Authority shall make equitable amendments to this Renewal License
within a reasonab’e time.
(g) In the event that Licensee demonstrates that an existing or future Cable Service provider or
wireline-based video service provider in the Town has been provided relief by the Issuing Authority from
any material obligation of its license, then Licensee shall be awarded an equivalent amount of relief from
the material obligations herein. Such relief shall be in writing and in the form of an amendment to this
License. The Issuing Authority shall convene a public hearing on the issue within sixty (60) days of
Licensee’s notification to the Issuing Authority requiring such relief, unless otherwise mutually agreed to.
License shall provide reasons for its belief in the notification. At the public hearing, the Issuing Authority
shall afford Licensee an opportunity to demonstrate that any existing or future service providers in the
Town have been provided relief by the Issuing Authority from any obligation of its cable television license
or other similar lawful authorization. Licensee shall provide the Issuing Authority with such financial or
other relevant information as is reasonably requested to justify its belief; provided, however, that said
information is non proprietary
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ARTICLE 3
SYSTEM SPECIFICATIONS AND CONSTRUCTION
SECTION 3.1- AREA TO BE SERVED
(a) The area to be served by the Licensee pursuant to this Renewal License shall be limited to
the Pine Hill area of the Town only, consisting of the Public Ways and Streets listed in Exhibit “A,”
attached hereto, which area shall be referred to as the “Service Area.” Cable service shall be provided to
every dwelling in the Service Area occupied by a Person requesting Cable Service that can be reached by
the Cable System by 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).
(b) The Licensee shall make its Cable System available to the residents of the Service Area,
unless legally prevented from doing so, subject only to the installation charges herein.
fc) Installation costs shall conform with the Cable Act. Any dwelling unit within an aerial three
hundred feet (300 ft.) of the Trunk and Distribution System shall be entitled to a Standard Installation
rate in accordarce with applicable federal and state laws Underground installs are considered non-
,“ ,
standard installations. All non-standard installations shall be provided at a rate established by the
Licensee in accordance with applicable federal and state laws.
SECTION 3.2 - SUBSCRIBER NETWORK
Licensee shall maintain a Cable Television System, fully capable of providing Cable Service in
accordance with applicable law.
SECTION 3.3 - PARENTAL CONTROL CAPABILITY
(a) Pursuant to applicable law, upon request, and at no separate, additional charge, Licensee
shall provide Subscribers with the capability to control the reception of any channel on the Cable System.
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DATE: September, 1 2021
(b) The Issuing Authority acknowledges that the parental control capability may be part of a
converter box and Licensee may charge Subscriber for use of said converter box.
SECTION 3.4---EMERGENCY ALERT OVERRIDE CAPACITY
Licensee shall comply with the FCC’s Emergency Alert System (“EAS”) regulations.
\
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Renewal Cable Television License far the Town of Southborough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
ARTICLE 4
TECHNOLOGICAL AND SAFETY STANDARDS
SECTION 4.1 - SYSTEM MAINTENANCE
(a) In installing, operating and maintaining equipment, cable and wires, Licensee shall avoid
damage and injury to trees, structures and improvements in and along the routes authorized by the
Issuing Authority, except as may be approved by the Issuing Authority if required for the proper
installation, operation and maintenance of such equipment, cable and wires.
(b) The construction, maintenance and operation of the Cable System for which this Renewal
License is granted shall be done in conformance with all applicable state and federal laws,a
bylaws/ordinances, codes and regulations of general applicability and the rules and regulations of the FCC
as the same exist or as same may be hereafter changed or amended.
(c) Licensee shall install and maintain its equipment, cable and wires in such a manner as shall
not interfere with any installations of the Town or any public utility serving the Town.
(U) All structures and all equipment, cablend wires in, over, under, and upon streets,
rsidewalks, alleys, and public rights of ways of the Town, wherever situated or located shall at all times be
.-hI.
kept and maintained in a safe and suitable condition and in good order and repair.
SECTION 4.2 - REPAIRS AND RESTORATION
Whenever Licensee takes up or disturbs any pavement, sidewalk or other improvement of any
public right of way or public place, the same shall be replaced and the surface restored in as good
condition as possible as before entry as soon as practicable. If Licensee fails to make such restoration
within a reasonable time, the Issuing Authority may fix a reasonable time for such restoration and repairs,
and shall notify Licensee in writing of the restoration and repairs required and the time fixed for the
performance thereof. Upon failure of Licensee to comply within the time specified, the Issuing Authority
may cause proper restoration and repairs to be made and the expense of such work shall be paid by
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Renewal Cable Television License far the Town of Southborough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
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Licensee upon written demand by the Issuing Authority. Prior to such repair or restoration the Town
shall submit a written estimate to Licensee of the actual cost of said repair or restoration.
SECTION 4.3 - CABLE LOCATION
(a) In all areas of the Town where all of the transmission and distribution facilities of all public
or municipal utilities are installed underground, Licensee shall install its Cable System underground,
provided that such facilities are actually capable of receiving the Licensee’s cable and other equipment
without technical degradation of the Cable System’s signal quality.
(b) In all areas of the Town where public utility lines are aerially placed, if subsequently during
the term of the Renewal License such public utility lines are required by the Issuing Authority or State to
be relocated aerially or underground, Franchisee shall similarly relocate its Cable System if it is given
reasonable notice and access to the public and municipal utilities facilities at the time that such are
placed underground Any costs incurred by Licensee for relocating the Cable System shall be reimbursed
to Licensee in the event public or private funds are raised for the project and made available to other
users of the Public Way If funds are not reimbursed, Licensee reserves the right to pass through its costs
to Subscribers
(c) Nothing in this Section shall be construed to require Licensee to construct operate or
maintain underground any ground-mounted appurtenances such as customer taps, line extenders,
system passive devices, amplifiers, power supplies, pedestals, or other related equipment.
SECTION 4.4 - TREE TRIMMING
Licensee shall have authority to trim trees upon and overhanging public streets, alleys, sidewalks
and ways and places of the Town to prevent the branches of such trees from coming in contact with the
wires, cables and equipment of Licensee, in accordance with MGL c. 87 and any Town bylaws/ordinances
and regulations.
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SECTION 4.5 — STRAND MAPS
Upon written request, the Licensee shall file with the Issuing Authority strand maps of the Cable
System plant installed. Upon written request said strand maps shall also be provided in electronic format
if they exist in said electronic format. The Licensee shall not be required to provide a particular type of
electronic format which is different from the electric format the Licensee maintains.
SECTION 4.6 - BUILDING MOVES
(a) In accordance with applicable laws, Licensee shall, upon the written request of any Person
holding a building moving permit issued by the Town, temporarily raise or lower its wires to permit the
moving of the building(s). Licensee shall be given not less than thirty (30) days’ advance written notice to
arrange for such temporary wire changes. The cost to raise or lower wires shall be borne by the Person(s)
holding the building move permit.
(b) Licensee shall have the right to reimbursement under any applicable insurance or
government program for reimbursement.
SECTION 4.7 - DIG SAFE
Licensee shall comply with applicable “dig safe” provisions pursuant to M.G.L.c. $2, § 40.
SECTION 4.8 - DISCONNECTION AND RELOCATION
(a) In accordance with applicable law, Licensee shall, at its sole cost and expense, protect,
support, temporarily disconnect, relocate in the same street, or other Public Right of Ways, or remove
from any street or any other Public Ways and places, any of its property as required by the Issuing
Authority by reason of traffic conditions, public safety, street construction, change or establishment of
street grade, or the construction of any public improvement or structure by any Town department acting
in a lawful governmental capacity.
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DATE: September, 1 2021
(b) In requiring Licensee to protect, support, temporarily disconnect, relocate or remove any
portion of its property, the Issuing Authority shall treat Licensee the same as, and require no more of
Licensee, than any other similarly situated utility.
(c) Licensee shall have the tight to reimbursement of project costs under any applicable
insurance or government program for reimbursement. All cable operators and public or municipal utility
companies shall be treated alike if reimbursed for such costs by the Town. If funds are not reimbursed,
Licensee reserves the right to pass its costs through to Subscribers.
SECTION 4.9 - EMERGENCY REMOVAL OF PLANT
(a) If, at any time, in case of fire or disaster in the Town, it shall be necessary in the reasonable
judgment of the Issuing Authority to cut or move any of the wires, cable or equipment of the Cable
Television System, the Town shall have the right to do so without cost or liability, provided however that,
wherever possible, the Issuing Authority shall give Licensee written notice and the ability to relocate
wires, cable or other equipment.
(b) Licensee shall have the right to reimbursement under any applicable insurance or
government program for reimbursement All cable operators and public or municipal utility companies
shall be treated alike if reimbursed for such costs by the Town If funds are not reimbursed Licensee
reserves the right to pass its costs through to Subscribers.
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ARTICLE 5
PROGRAMMING
SECTION 5.1 - BASIC CABLE SERVICE
Licensee shall make available a Basic Cable Service tier to all subscribers in accordance with 47
U.S.C. 534.
SECTION 5.2 - PROGRAMMING
(a) Pursuant to 47 U.S.C. 544, Licensee shall maintain broad categories of Video Programming.
Pursuant to federal law, all Video Programming decisions, excluding PEG Access Programming, are at the
sole discretion of Licensee.
(b) Licensee shall comply with applicable FCC Rules and Regulations as well as DTC Rules and
Regulations regarding notice of programming changes. Advance notice shall not be required for the
launch of new channels when offered on a subscription basis or added to an existing service tier at no
additional cost to the customer. Written notices required by this section may be provided electronically
as permitted by 47 C.F.R. § 76. 1600.
SECTION 5.3 — CABLE CHANNELS FOR COMMERCIAL USE
Pursuant to 47 U.S.C. 532, Licensee shall make available channel capacity for commercial use by
persons unaffiliated with Licensee. Rates for use of commercial leased access channels shall be
negotiated between Licensee and the commercial user in accordance with federal law. Licensee shall
have no editorial control over the content of programming on leased access channels and is not subject
to any liability therefrom.
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DATE: September, 1 2021
ARTICLE 6
PEG ACCESS CHANNEL(S) AND SUPPORT
SECTION 6.1 - PEG ACCESS
The Access Provider, as designated by the Issuing Authority, shall continue to be responsible for
the provision of PEG access Programming to Subscribers, pursuantto the provisions of this Article 6.
SECTION 6.2 - PEG ACCESS PROVIDER
Beginning on the Effective Date, Issuing Authority or Access Provider shall provide services to PEG
Access Users and the Town as follows:
(1) Schedule, operate and program the PEG Access channels provided in accordance with Section
6.3 below;
(2) Manage the annual funding, pursuant to Section 6.4 below;
(3) Purchase, maintain and/or lease equipment, with the funds allocated for such purposes in
Section 6.4 below;
(4) Conduct training programs in the skills necessary to produce PEG Access Programming;
(5) Provide technical assistance and production services to PEG Access Users;
6) Establish, implement and enforce rules, procedures and guidelines for use of the PEG Access
Channels,
(7) Provide publicity, fundraising, outreach, referral and other support services to PEG Access
Users;
(8) Assist PEG Access Users in the production of PEG Access Programming of interest to
Subscribers; and
(9) Accomplish such other tasks relating to the operation, scheduling and/or management of the
PEG Access Channels, facilities and equipment as appropriate and necessary.
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DATE: September, 1 2021
SECTION 6.3 - PEG ACCESS PROGRAMMING TO SUBSCRIBERS IN THE SERVICE AREA
Unless otherwise agreed to by the Issuing Authority and the Licensee in writing, the Licensee shall
provide Framingham PEG Access Programming from its Framingham cable system to Southborough
Subscribers in the Service Area.
SECTION 6.4— PEG ACCESS SUPPORT
(a) Licensee shall provide a Franchise Fee to the Issuing Authority, or its designee, for PEG Access
purposes, equal to five percent (5%) of its Gross Annual Revenues, less applicable License Fees and
assessments from any state or other governmental agencies. Said Franchise Fee shall be used for
salaries, operating and other expenses related to PEG Access programming operations, equipment and/or
facilities. Said five percent (5%) Franchise Fee shall be made to the Issuing Authority, or its designee, on a
quarterly basis. The first payment shall be made on November 15, 2021 for the period of the Effective
Date through September 30, 2021. Quarterly thereafter, Licensee shall provide payments each February
15th, May ;5th, August ;5th and November 15th based on revenues from the previous calendar quarter.
N
N
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Renewal Cable Television License far the Town of Southborough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
ARTICLE 7
CUSTOMER SERVICE AND CONSUMER PROTECTION
SECTION 7.1 - CUSTOMER SERVICE
(a) Licensee shall comply with all customer service regulations of the FCC (47 CFR §76.309), and the
regulations of the Massachusetts Department of Telecommunications and Energy, Cable Division,
governing billing practices, at 207 CMR §10.01, et. seq., as they exist or as they may be amended
from time to time. Likewise, Licensee shall comply with the customer service regulations
promulgated by the Cable Division as they exist or as they may be amended from time to time.
fb) The Licensee shall maintain and operate a customer service call center twenty-four (24) hours a
day, seven (7) days a week, including holidays. The Licensee shall comply with all state and federal
requirements pertaining to the hours of operation of its customer service call center.
SECTION 7 2 CONSUMER COMPLAINT PROCEDURES
Complaints by any Person as to the operation of the Cable System may be filed in writing with the
Department or with the Issuing Authority, each of which shall within ten (10) days forward copies of such
complaints to the other. The Issuing Authority and the Department shall be notified by Licensee on forms
to be prescribed by the Department not less than annually, of the complaints of Subscribers received
during the reporting period and the manner in which they have been met, including the time required to
make any necessary repairs or adjustments.
SECTION 7.3 - PROTECTION OF SUBSCRIBER PRIVACY
Licensee shall comply with applicable federal and state privacy laws and regulations, including 47
U.S.C. 551.
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SECTION 7.4 - EMPLOYEE IDENTIFICATION CARDS
Renewal Cable Television License far the Town of Sauthboraugh, MATerm: September20, 2022 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
All of Licensee’s employees, including repair and sales personnel, entering private property shall
be required to carry an employee identification card issued by Licensee.
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Renewal Cable Television License for the Town of Southborough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
ARTICLE $
PRICES AND CHARGES
SECTION 8.1 - PRICES AND CHARGES
(a) Before any new or modified rate, fee, or charge is imposed, Licensee shall follow the
applicable FCC and State notice requirements and rules and notify affected Subscribers, which notice may
be by any means permitted under applicable law. Nothing in this Renewal License shall be construed to
prohibit the reduction or waiver of charges in conjunction with promotional campaigns for the purpose of
attracting or retaining Subscribers.
(b) The Issuing Authority acknowledges that under the Cable Act, certain costs of Public,
Educational and Governmental (“PEG”) Access and other license/franchise requirements may be passed
through to the Subscribers in accordance with federal law
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Renewal Cable Television License for the Town of Southborough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
ARTICLE 9
REGULATORY OVERSIGHT
SECTION 9.1 - INDEMNIFICATION
Licensee shall indemnify, defend and hold harmless the Issuing Authority, its officers, employees,
and agents from and against any liability or claims resulting from property damage or bodily injury
(including accidental death) that arise out of Licensee’s construction, operation, maintenance or removalA
of the Cable System, including, but not limited to, reasonable attorney’s fees and costs, provided that the
Issuing Authority shall give Licensee timely written notice of its obligation to indemnify and defend the4.
Issuing Authority within the timely receipt of a claim or action, sufficient to avoid entry of a default
judgment against the Issuing Authority.+lf the Issuing Authority determines that it is necessary for it to
employ separate counsel, the costs for such separate counsel shall be the responsibility of the Issuing
Authority. The Licensee shall not be required to Indemnify the Issuing Authority for any claims resulting
from acts of willful misconduct or negligence on the part of the Issuing Authority.
SECTION 92- INSURANCE
(a) Licensee shall carry Commercial General Liability insurance throughout the term of this
Renewal License and any removal period pursuant to M.G.L.c. 166A, § 5(c) with an insurance company
authorized to conduct business in Massachusetts protecting, as required in this Renewal License, Licensee
and listing the Town as an additional insured, against any and all claims for injury or damage to persons
or property, both real and personal, caused by the construction, installation, operation, maintenance or
removal of its Cable System. The amount of such insurance against liability for personal injury and
property damage shall be no less than One Million Dollars ($1,000,000) as to any one occurrence. The
amount of such insurance for excess liability shall be Five Million Dollars ($5,000,000) in umbrella form.
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Renewal Cable Television License for the Town of Southborough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
fb) Licensee shall carry insurance against all claims arising out of the operation of motor
vehicles in the amount of One Million Dollars ($1,000,000) combined single limit for bodily injury and
consequent death and property damage per occurrence;
(c) All insurance coverage, including Workers’ Compensation, shall be maintained throughout
the period of this Renewal License. All expenses incurred for said insurance shall be at the sole expense
of Licensee.
(U) Licensee shall provide the Issuing Authority upon request with certificate(s) of insurance for
all policies required herein upon expiration of policies.
SECTION 9.3 - PERFORMANCE BOND
(a) Licensee has submitted and shall maintain throughout the duration of this Renewal License
and any removal period pursuant to M.G.L.c. 166A, § 5(c) a performance bond in the amount of Twenty-
Five Thousand Dollars ($25,000) running to the Town with a surety company satisfactory to the Issuing
Authority to guarantee the following terms:
(1) the satisfactory completion of the installation and operation of the Cable
System in accordance with this Renewal License and applicable law
(2) the satisfactory restoration of pavements, sidewalks and other
improvements in accordance with M.G.L.c. 166A, § 5(g);
(3) the indemnity of the Town in accordance with M.G.L.c. 166A, § 5(b); and
(4) the satisfactory removal or other disposition of the Cable System in
accordance with M.G.L.c. 166A, § 5(f).
SECTION 9.4 - LICENSE FEES
(a) During the term of the Renewal License the annual License Fee payable to the Issuing
Authority shall be the maximum allowable by law, per Subscriber served as of the last day of the
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Renewal Cable Television License for the Town of Southborough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
preceding calendar year, payable on or before March 15th of the said year. Pursuant to M.G.L.c. 166A, §
9, this fee is currently fifty cents ($50) per Subscriber
(b) In accordance with Section 622(b) of the Cable Act, Licensee shall not be liable for a total
financial commitment pursuant to this Renewal License and applicable law in excess of five percent (5%)
of its Gross Annual Revenues; provided, however, that said five percent (5%) shall include (i) the PEG
Access Annual Support (Section 6.4) and (ii) any amounts included in the term “Franchise Fee” pursuant
to Section 622(g)(1) of the Cable Act), but shall not include the following: fi) interest due herein to the
Issuing Authority because of late payments; and (ii) any other exclusion to the term “Franchise Fee”
pursuant to Section 622(g)(2) of the Cable Act.
(c) All payments by Licensee to the Town pursuant to this Section shall be made payable to the
Town unless otherwise agreed to in writing by the parties.
SECTION 9.5 - EQUAL EMPLOYMENT OPPORTUNITY
Licensee is an Equal Opportunity Employer and shall comply with applicable FCC regulations with
respect to Equal Employment Opportunities.
SECTION 9.6 - REVOCATION OF LICENSE
The License issued hereunder may, after due written notice and hearing per Section 9.8 (Notice
and Opportunity to Cure), be revoked by the Issuing Authority or the Department for any of the following
reasons:
(a) For false or misleading statements in, or material omissions from, the application
submitted under M.G.L.c. 166A, § 4;
(b) For failure to file and maintain the performance bond as described in Section 9.3
(Performance Bond) orto maintain insurance as described in Section 9.2 (Insurance);
(c) For repeated failure to comply with the material terms and conditions herein required by
M.G.L.c. 166A, §5;
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DATE: September, 1 2021
(U) For repeated failure, as determined by the Department, to maintain signal quality pursuant
to the standards provided for by the FCC;
fe) For any transfer or assignment of the Renewal License or control thereof without consent
of the Issuing Authority in violation of Section 9.9 herein; and
(f) For failure to complete construction in accordance with the provisions of the Renewal
License.
SECTION 9.7 - NOTICE AND OPPORTUNITY TO CURE
If the Issuing Authority has reason to believe that Licensee has defaulted in the performance of any
or several material provisions of this Renewal License, except as excused by Force Majeure, the Issuing
Authority shall notify Licensee in writing, by certified mail, of the material provision or provisions which the
Issuing Authority believes may have been in default and the details relating thereto. Licensee shall have
thirty (30) days from the receipt of such notice to
(a) respond to the Issuing Authority in writing contesting the Issuing Authority’s assertion of
default and providing such information or documentation as may be necessary to support Licensee’s
position, or
(b) cure any such default (and provide written evidence of the same) or in the event that by
nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable
steps to cure said default and diligently continue such efforts until said default is cured. Licensee shall report
to the Issuing Authority, in writing, by certified mail, at forty-five (45) day intervals as to Licensee’s efforts,
indicating the steps taken by Licensee to cure said default and reporting Licensee’s progress until such
default is cured.
(c) In the event that (i) Licensee fails to respond to such notice of default; and/or (ii) Licensee fails
to cure the default or to take reasonable steps to cure the default within the required forty-five (45) day
period; the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than
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Renewal Cable Television License for the Tawn of Southborough, MATerm: September20, 2021 —September19, 2031 (ioyrs.)
DATE: September, 1 2021
fourteen (14) days after written notice, by certified mail, to Licensee. Licensee shall be provided reasonable
opportunity to offer evidence, question witnesses, if any, and be heard at such public hearing.
(d) Within thirty (30) days after said public hearing, the Issuing Authority shall issue a written
determination of its findings. In the event that the Issuing Authority determines that Licensee is in such
default, the Issuing Authority may determine to pursue any lawful remedy available to it.
fe) 11(i) the Issuing Authority fails to issue a written reply within 30 days accepting or rejecting
Licensees’ response pursuant to 9.8(a) above; (ii) the Issuing Authority fails to issue a written
acknowledgement after Licensee’s notice that it cured said default pursuant to 9.8(b) above; and/or (iii) the
Issuing Authority fails to schedule a public hearing no later than thirty (30) days of having sent a written
notice consistent with Section 9.8(c) above and/or (iv) the Issuing authority fails to issue a written
determination with thirty (30) days afterthe public hearing pursuant to Section 9.8(d) above, then the issue
of said default against Licensee by the Issuing Authority shall be considered null and void.
SECTION 9.8 — LIQUIDATED DAMAGES
For the violation of any of the following material provisions of this Renewal License, liquidated
damages shall be paid by the Licensee to the Town, subject to Section 9.8 (Notice and Opportunity to
Cure) above. Any such liquidated damages shall be assessed as of the date that the Licensee receives
written notice, by certified mail, pursuant to Section 9.8 (Notice and Opportunity to Cute) above, of the
provision(s) which the Issuing Authority believes to be in default, unless cured pursuant to Section 9.8
(Notice and Opportunity to Cure) above.
1. For failure to extend service to any resident in accordance with Article 3 (Area to be Served)
herein, One Hundred and Fifty Dollars ($150.00) per day, for each day that such non-compliance
continues.
2. For failure to comply with the FCC’s Customer Service Obligations, 47 CFR §76.309, and the
Massachusetts Department of Telecommunications and Energy (“DTE”), Cable Division, Billing
30
Renewal Cable Television License for the Town of Southborough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
Practices Regulation, 207 CMR §10.0; et seq., as each may from time to time be amended, and in
compliance with Sections 7.1 and 7.2. Fifty Dollars ($50.00) for each day that any such non
compliance continues.
3. For failure to operate and maintain the Cable Television System, in accordance with Section
4.1 (System Maintenance) herein, Fifty ($50.00) per day, for each day such non-compliance
continues.
4. For failure to comply with the PEG access commitments contained in Article 6 (PEG Access
Channels and Support) herein, Fifty ($50.00) per day, for each day such non-compliance continues
longer than 30 days.
5. For failure to maintain the bonds and insurance required by Sections 9.2 and 9.3 (Insurance
and Bonds) herein, One Hundred Dolls ($100.00) per day, for each day of non-compliance.
All similar violations or failures from the same factual events affecting multiple Subscribers shall be
assessed as a single violation, and each violation or a failure may only be assessed as a single material
violation.
SECTION 9.9- TRANSFER OR ASSIGNMENT
In accordance with 207 CMR 4.00 and applicable federal law, this Renewal License or control
hereof shall not be transferred or assigned without the prior written consent of the Issuing Authority,
which consent shall not be arbitrarily or unreasonably withheld. The consent of the Issuing Authority
shall be given only after a hearing upon written application therefor on forms prescribed by the
Department. Pursuant to 207 CMR 4.01(2), a transfer or assignment of a license or control thereof
between commonly controlled entities, between affiliated companies, or between parent and subsidiary
corporations, shall not constitute a transfer or assignment of a license or control thereof under
M.G.L.c.166A Section 7.
31
Renewal Cable Televisian License far the Tawn afSauthbarough, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
SECTION 9.10 - REMOVAL OF SYSTEM
Upon termination of this Renewal License or denial of any renewal hereof by passage of time or
otherwise in accordance with applicable law and after all appeals from any judicial determination are
exhausted and final, Licensee shall remove its supporting structures, poles, transmission and distribution
systems and other appurtenances from the streets, ways, lanes, alleys, parkways, bridges, highways, and
other public and private places in, over, under, or along which they are installed and shall restore the
areas to their original condition. If such removal is not completed within six (6) months of such
termination, the Issuing Authority or property owner may deem any property not removed as having
been abandoned. Notwithstanding the above, Franchisee shall not be required to remove, relocate or sell
its Cable System, or any portion thereof as a result of termination, denial of renewal, or any other lawful
action to forbid or disallow Franchisee from providing Cable Service, if the Cable System is actively being
used to facilitate any other services not governed by the Cable Act.
SECTION 9 11 INCORPORATION BY REFERENCE
a) All presently and hereafter applicable conditions and requirements of federal and state
laws, including but not limited to M.G.L.c. 166A, and the rules and regulations of the FCC and the
Department, as they may be amended, are incorporated herein by reference to the extent not
enumerated herein
fb) Should the State, the federal government or the FCC require Licensee to perform or refrain
from performing any act the performance or non-performance of which is inconsistent with any
provisions herein, the Issuing Authority and Licensee will thereupon, if they determine that a material
provision herein is affected, modify any of the provisions herein to reflect such government action.
SECTION 9.12 - NO THIRD-PARTY BENEFICIARIES
Nothing in this Renewal License is intended to confer third-party beneficiary status on any
member of the public to enforce the terms of this Renewal License.
32
Renewal Cable Televisian License far the Tawn af Sauthbaraugh, MATerm: September 20, 2021 — September 19, 2031 (10 yrs.)
DATE: September, 1 2021
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33
Renewal Cable Television License far the Tawn of Southborough, MATerm: September 20, 2021 — September 19, 2031 (10 yrs.)
DATE: September. 1 2021
ARTICLE 10
MISCELLANEOUS
SECTION 10.1 - SEVERABILITY
If any section, subsection, sentence, clause, phrase, or other portion of this Renewal License is,
for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body,
or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent portion. Such declaration shall not affect the validity of the remaining portions hereof,
which other portions shall continue in full force and effect.
SECTION 10.2 - FORCE MAJEURE
If for any reason of force majeure Licensee is unable in whole or in part to carry out its obligations‘I
hereunder, said Licensee shall not be deemed in violation or default during the continuance of such‘1
inability. Unless further limited elsewhere in this Renewal License, the term ‘force majeure” as used herein
shall have the following meaning; strikes; acts of god; acts of public enemies, orders of any kind of the
government of the United States of America or of the Commonwealth of Massachusetts or any of their
departments, agencies; political subdivisions, or officials, or any civil or military authority; insurrections;
riots, pandemics; epidemics; riblic health emergencies; landslides; lightning; earthquakes; tornados; fires;
hurricanes; volcanic activity; st ms; floods; washouts; droughts, environmental restrictions, arrests; civil
disturbances; explosions; pa or entire failure of utilities; unavailability of materials and/or essential
equipment, environmental restrictions or any other cause or event not reasonably anticipated or within
Licensee’s control.
SECTION 10.3 - NOTICES
(a) Every notice to be served upon the Issuing Authority shall be sent by certified mail, nationally
recognized overnight courier service or other means as allowed by applicable law and providing for a
34
Renewal Cable Televisian License far the Tawn afSauthboraugh, MATerm: September20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
receipt as proof of delivery to the following address or such other address as the Issuing Authority may
specify in writing to Licensee.
Town of SouthboroughAttn: Selectboard17 Common StreetSouth borough, MA, 01772
(b) Every notice served upon Licensee shall be delivered or sent by certified mail (postage
prepaid) or nationally recognized overnight courier service to the following address or such other address as
Licensee may specify in writing to the Issuing Authority.
Comcast Cable Communications, Inc.Attn: Government Relations5 Omni WayChelmsford, MA 01824
with copies to:
Comcast Cable Communications, Inc.Attn: Vice President, Government Relations676 Island Pond RoadManchester, NH 03109
Comcast Cable Communications, Inc.Attn: Government AffairsOne Comcast CenterPhiladelphia PA 19103
(c) Delivery of such notices shall be equivalent to direct personal notice direction or order and
shall be deemed to have been given at the time of receipt.
SECTION 10.4 - ENTIRE AGREEMENT
This instrument contains the entire agreement between the parties, supersedes all prior
agreements or proposals except as specifically incorporated herein, and cannot be changed without written
amendment signed by the Issuing Authority and the Licensee.
35
Renewal Cable Televisian License far the Tawn af Southbaraugh, MATerm; September20, 2021 —September19, 2031 (lOyrs.)
DATE; September, 1 2021
SECTION 10.5 - CAPTIONS
The captions to sections throughout this Renewal License are intended solely to facilitate reading
and reference to the sections and provisions of the Renewal License. Such sections shall not affect the
meaning or interpretation of the Renewal License.
SECTION 10.6 - APPLICABILITY OF RENEWAL LICENSE
All of the provisions in this Renewal License shall apply to the Town, Licensee, and their respective
successors and assigns.
SECTION 10.7 - WARRANTIES
Licensee warrants, represents and acknowledges that, as of the Effective Date of this Renewal
License:
(a) Licensee is duly organized, validly existing and in good standing under the laws of the State;
(b) Licensee has the requisite power and authority under applicable law and its by-laws and articles
of incorporation and/or other organizational documents, is authorized by resolutions of its Board of
Directors or other governing body, and has secured all consents which are required to be obtained as of the
date of execution of this Renewal License, to enter into and legally bind Licensee to this Renewal License
and to take all actions necessary to perform all of its obligations pursuant to this Renewal License
(c) This Renewal License is enforceable against Licensee in accordance with the provisions herein;
and
(d) There is no action or proceedings pending or threatened against Licensee which would interfere
with performance of this Renewal License.
36
Renewal Cable Television License for the Town of Southborough, MATerm: September20, 2021 —September19, 2031 (Ioyrs.)
DATE: September, 1 2021
SIGNATURE PAGE
WITNESS OUR HANDS AND OFFICIAL SEAL, THIS
20
DAY OF
TOWN OF SOUTH BOROUGHBy:
Chairman, Selectboard
Trevor Arp, Senior Vice PresidentGreater Boston Region
Selectboard
Selectboa rd
Selectboard
Selectboa rd
COMCAST OF COMCAST OF MASSACHUSETTS III, INC.By:
37
Renewal Cable Television License for the Town of Southborough, MATerm: September 20, 2021 —September19, 2031 (lOyrs.)
DATE: September, 1 2021
EXHIBIT A
PUBLIC WAYS AND STREETS IN THE SERVICE AREA
1. Pine Hill Road (Southborough Portion)
2. Clemmons Street
3. Nichols Street
4. Joslin Lane
5. Witherbee Lane
6. Angelica Lane
7. Graystone Way
38
P100 Morrissey Boulevard
Boston, MA 02125-3393
EDWARD J. COLLINS, JR. CENTER FOR PUBLIC MANAGEMENT P: 617.287.4824
U MASS JOHN W. MCCORMACK GRADUATE SCHOOL OF POLICY AND GLOBAL STUDIES F: 617.287.5566BOSTON UNIVERSITY OF MASSACHUSETTS BOSTON mccorrnack.umb.edu/centers/cpm
MemorandumTO: Massachusetts State 911 DepartmentFROM: The Edward J. Collins, Jr. Center for Public ManagementDATE: September 8, 2021Subject: Feasibility Study for Hopkinton, Hudson, Grafton, Marlborough, Southborough,
Westborough to establish or join a Regional Emergency Communication CenterDistrict.
1. Background
As part of its inter-governmental services agreement (ISA) to provide the assistance to the State 911 Departmentin its PSAP regionalization and RECC development efforts (ISA executed on January 23, 2019 and extended inJune 2020), the Center presents this proposal to provide planning service to assist the Towns of Hopkinton,Grafton, Marlborough, Southborough and Westborough to study the feasibility of establishing a RegionalEmergency Communication Center (RECC) or to join an existing RECC and to provide recommendations for thebest option for the five (5) communities.
2. Overview
Methods for collecting information will rely upon interviews, on-site assessments, and document review. Theprocess was as follows:
• Kick-Off meeting with the principals from all five communities• On-site visits which included interviews with the community police and fire chiefs and their designated
personnel. If town managers request an interview, that interview will be scheduled• Collection of relevant data from each site, including:
o Equipment usedO Staffing levels and trainingo Capacity/ability to accommodate Hanovero Research/planningO Current financial costs for dispatch servicesO Call volume° Additional administrative benefits
• Analysis and preparation of the report• Review of draft report with Hanover Communications Team• Completion of final report
3. Proposed Project Plan
Conduct a Kick-offMeeting
The Center project team will conduct a kick-off meeting with the public safety chiefs and town managers toengage all levels of the team prior to undertaking tasking. This meeting will include following;
o Meet principals of the project team;o Review statement of work and identify any additional direction for administrative process regarding the
contract;o Review project deliverables, appropriate electronic format, and timeline; ando Present timelines for community PSAP visits.
The results of this initial meeting will ensure a clear pathway to success.
On-Site Visits, Interviews with Personnel, and Data ‘oIlectioi,
The project team will conduct on-site visits and assessment of the emergency communications/dispatchcenters of each city/town to observe operations, facilities, and equipment. The assessment will include thecurrent ECCs’ adherence to 1) NFPA 1221 Standard for the Installation, Maintenance, and Use of EmergencyServices Communications Systems, specifically Chapter 7 and 2), Association of Public-Safety CommunicationsOfficials (APCO) best practices. A checklist will be developed for these purposes. The Finat Report will include acomparison to accreditation references specific to ECC from the Commission on Accreditation for LawEnforcement Agencies (CALEA) and the Commission of Fire Accreditation International (CFAI). During the sitevisit, the project team will also collect information on the amount and condition of existing equipment,systems used, methods, and practices, including, but not limited to:
a) Equipment:
o Current technology, radio systems, telephone systems and software being utilized.o Current interoperability capability of communications within and between the six community.o Provide the ability to share currently separate applications between each town such as, but not limited
to, CAD systems, mapping systems, and radio systems.o Compatibility of current radio systems, mapping, telephone, and related equipment at each current
center and identify required equipment at new regional center.
b) Staffing:
o Personnel structures and costs for each of the six town’s Emergency Dispatch Center.o Number of personnel working each shift as well as specific job descriptions.o Identify the core and supplemental services provided by current communications personnel.
c) Logistics:
o Identify whether a satisfactory arrangement can be made with existing regional emergencycommunications centers or with neighboring communities to establish a RECC with each city/townregarding governance, procedures, accountability, service, standards, and control.
o Identify how a regional center would affect the array of services provided by the municipalities’Emergency Dispatch Center.
o How the capacity for coordination of local and regional police, fire and EMS resources including responseto routine events and major disasters.
o Identify the total number of incoming emergency and administrative telephone calls, radio messagesand other incidents handled.
o Identify the ability for 911 call surge capacity.
d) Research and Planning:
o Opportunities for improvement to present operations, staffing, training, management, supervision, andgovernance.
o Potential legal and organizational structures for the regional center.o Identify what other public safety leaders have identified as benefits of a RECC
e) Financial:
o Personnel structure and costs at Norwood and the anticipated RECC and the personnel costs for staffingof a regional center.
o One-time and recurring operational and capital costs of consolidation and the financial impact on eachtown.
o Costs to maintain or increase other public safety services, such as lock-up-up monitoring expenses,administrative duties, and walk-in traffic at the towns’ Public Safety Facilities.
o One-time and annual financial resources, as well as requirements associated with such funding, fromthe MA State 911 Department to provide ongoing support and sustainability into the future.
o Conduct cost benefit analysis for each of the six towns
During on-site visit, the project team will conduct interviews with the leadership of the public safety functionsin each of the towns. These face-to-face interviews are the most important step in the process to identifyelements of a regional dispatch operation, as well as concerns that those community leaders may have with sucha set up.
The steps that the project team takes in this process are as follows:o Utilize a standardized list of questions for the interviews that will elicit the needed information for the
study.o Conduct a structured interview with each Chief and any of their personnel that they want to interview.
The project team will also visit the potential RECCs that the towns may see as opportunities to join to assesstheir current operational procedures, use of information and communication technology, and dispatch layout.The steps will include the following:
o Visually assess all communications and IT systems.o Gather and examine the current operating cost of the RECCs and as well as to identify the cost to join
those centers.o Inventory the existing 911 dispatch facilities, systems, equipment, and dispatch procedures and provide
an assessment of current call volumes.o Examine the current dispatch facilities and validate or invalidate the need for a new physical plant for
all purposes, including examination for potential or increased opportunities for cost-sharing in futuretechnologies and dispatch equipment.
o Gather information on present operations, staffing, training, and supervision.o Identify the RECCs’ interest in having Hanover join and the cost of joining.
Analysis and Preparation of Report
j
After reviewing and analyzing all the available information collected, the project team will develop a draft report.The draft will include preliminary findings and recommendations. Additional information requests, interviews,or inquiries may occur at this time.
Review of Draft with the Towns
The project team will meet with the chiefs, the town manager, and others as they may want to include to discussthe draft report.
Completion of Final Report
The project team may make changes to the draft report, as the project team deems appropriate, and will makeany final edits or additions to produce a final report.
Presentation of Report (Upon Request)
If requested by the Town, the project team will make a presentation of the report at a public meeting.
3. Timeline
This engagement will kick-off as soon as an agreement can be reached. It is estimated that the project will lastapproximately six months, provided that the project team’s requests for meetings, data, and information, arefulfilled in a timely manner. A sample timeline appears below.
Event - Month 1 Month 2Month 3 Month 4 Month 5 Mo
ick-off Meeting XXXXXn-Site Visits, Interviews with Personnel, and Dataol lectionnalysis and Preparation of Report - X)000(eview of Draft with the Town . .• ... - xxxxx
. . ...
ompletion of Final Report - XXXXXresentation of Report (Upon Request) - X)
AttachmentsA. Interview form
B. Technology Assessment Form
4
Attachment A — Interview form
Interviewee (name)____________________________________Contact Info (phone)___________________________ (email)_Interviewer
_______________________________________________
Date and Time____________________________________
InterviewI I Notes/Comments
Interview Public Safety leadership in the town.
What do you see as thestrengths or benefit ofregionalization?
What do you see theweakness or issue thatwould need to be over comefrom regionalization?
• Key issues to beaddressed
• Barriers toimplementation
What recommendationswould you make for thesuccessful integration for thecall taking and dispatchservices of your communityto be integrated into aRECC?
Additional Notes
5
Attachment B — Technology Assessment Form
Site LocationTechnology Contact (name)______________________________Contact Info (phone)___________________________ (email)DepartmentDate and Time
Technology Elements Notes/Comments
Radio System
1. Manufacturer
2. Frequencies
3. Age and Conditions
4. Interoperability
a. municipalitywide
b.__Regional
5. System Coverage (Gaps)
6. Tower Sites
7. Fiber
8. Number, age and makeof mobiles
9. Number, age and makeof_portables
Information TechnologyCAD/RMS
DispatchNumber of positionsNumber of 91 1 positionsAdministrative phone systemTown wide fiber
Radio system MaintenanceProvider
Additional Notes
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TowN OF SOUTHBOROUGHBOARD OF SELECTMEN Meeting Minutes
1Tuesday, August 17, 2020, 6:15 P.M.McAuliffe Heating Room, 17 Common Street, Southborough, MA and Virtual Meetingthrough Zoom
Present: Lisa Braccio, Chelsea Malinowski, Andrew Dennington, Marty Healey, Sam Stivers and TownAdministrator Mark Purple
78 I. Chairwoman Braccio called the meeting to order at 6:18 P.M. and read the following statement:9
10 Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open11 Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitation on12 the number of people that may gather in one place, this meeting of the Southborough Board of13 Selectmen will be conducted via both in-person and remote participation to the greatest extent14 possible. Members of the public and/or parties with a right and/or requirement to attend this15 meeting may do so in-person. They also may watch or participate in the meeting remotely by finding16 the meeting at: https://www.southboroughtown.com/remotemeetings. Specific information and the17 general guidelines for remote participation can be found on the Town of Southborough’s website, at18 https://www.southboroughtown.com/. In the event that, despite best efforts, the public is not able19 to access the proceedings in real time via those technological means, we will post on Southborough’s20 website an audio or video recording, transcript, or other comprehensive record of proceedings as21 soon as possible after the meeting.2223 Scholarship Committee recipients24 Chairwoman Braccio asked to move this item to the first on the agenda to accommodate the25 attendees. She welcomed the recipients and commended them for their educational achievements.26 The Board announced each recipient and gave a background on their accomplishments.2728 The two Carol Harris Scholarships were awarded to the following:2930 Emmelia Habib whose extracurricular activities and work experience include Algonquin Tiny31 Tomahawks Pre-School Teachers, Teacher Assistant ant NextGeneration Children’s Center. Ms. Habib32 will be attending Westfield State University.3334 Grace Hartnett (participated remotely through Zoom) whose extracurricular activities and work35 experience include the Special Olympics, National Honor Society, DECA and Global Goals. Ms.36 Hartnett will be attending the University of Maryland.
37 The three Town Scholarships were awarded to the following:
38 Olivia Battles whose extracurricular activities and work experience include Best Buddies, Harbinger,39 Freshman Orientation Leader, Administrative Assistant to the Southborough Town Clerk. Ms. Battles40 will be attending the College of the Holy Cross.
41 Erin Desmond whose extracurricular activities and work experience include Best Buddies, Varsity
42 Field Hockey, Varsity Rugby and employment at Beaumont Nursing Home. Ms. Desmond will be
43 attending Mount Holyoke College.
2 Meeting Date:3 Location:456
Selectmens Minutes 8-17-21 DRAFT Page 1
44 Bennet Yee whose extracurricular activities and work experience include Special Olympics, Volleyball,45 Green Earth Club and Algonquin Full Orchestra. Mr. Yee will be attending Washington University in46 St. Louis.
47 II. Public Comment48 Laura Scott (37 Presidential Drive) handed out photos of 35 Presidential Drive to the Board and49 described her pending court appeal of a ZBA appeal decision regarding building permit BP-21-92. She50 asked that Town Counsel review the process followed to permit the building permit and review the51 correspondence from the Building Commissioner to the builder. She asked that the Board issue a52 stop work order on the project at 35 Presidential Drive and that the Planning Board and Board of53 Health review the project while her case proceeds. Mr. Purple informed Ms. Scott that the54 documents have been scanned and distributed to those members participating remotely.5556 Scheduled Appointments57 Volunteer Interviews for Youth Commission vacancy, term 6/30/2458 i. David Joyner59 Mr. Joyner described his reasons for volunteering and his experience on the Community Preservation60 Committee. He stated he was approached by Ms. Cassell to volunteer and gave a background of his61 work within the community and his career. He stated he recently joined the Big Brother- Big Sister62 Maisy Program and explained how that aligns with Youth and Family Services. The Board asked Mr.63 Joyner questions regarding his background and his goals with the Commission. He listed his goals64 and the experience he could bring to the Commission. Lauren Richey, Chair of the Southborough65 Youth Commission summarized her conversation with Mr. Joyner and stated she felt he was very66 qualified to join the Commission. Mr. Healey stated he is impressed with Mr. Joyner and Ms.67 Bancroft and asked how many vacancies there were on the Commission. Chairwoman Braccio stated68 there was one vacancy and asked the Board to wait to appoint until the September meeting in69 order for Ms. Bancroft to attend. The Board and Ms. Richey agreed.7071 ii. Stacie Bancroft72 Ms. Bancroft was not in attendance.7374 Police Chief Paulhus — Request to appoint Luke Soccorso as Probationary Police Officer, effective75 August 19, 202176 Chief Paulhus introduced Mr. Soccorso and stated he was the best fit for the department out of77 twenty-seven applicants. Mr. Soccorso gave a background of his experience which included working78 for the Nantucket Police Department, TSA and graduating from Curry College. He stated his goal is to79 work in a small municipal town and to be involved in the community. The Board welcomed him and80 praised him for his work. Mr. Healey made a motion to appoint Luke Soccorso as Probationary Police81 Officer, effective August 19, 2021. Mr. Stivers seconded. The motion passed all in favor by roll call82 vote, Malinowski, aye; Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.8384 Chairwoman Braccio called for a recess at 7:04 P.M. The Board returned at 7:07 P.M.8586 Fire Chief Achilles & Police Chief Paulhus — Update on Public Safety communications87 Chief Paulhus stated that the State is allotting funds for communities to regionalize their dispatch and88 he and Chief Achilles are asking the Board approve their exploring this option to gather information.89 Chief Achilles stated that it would be remiss to not gather information when it is available. He added
Selectmens Minutes 8-17-21 DRAFT Page 2
90 that he felt both the Fire and Police Departments are currently stable and identified ways in which91 regionalization communications could improve the departments and its services. Chief Paulhus92 stated that now is the time to commit to the exploration of regional dispatch to leverage funds and93 resources offered by the State. Chairwoman Braccio stated she visited the Foxboro regional dispatch94 center and supported the Chiefs exploring the option. Ms. Malinowski asked about the next steps95 and timeline. Chief Achilles responded that Westborough, Marlborough and Grafton had strong96 interest and gave an overview of next steps. Ms. Malinowski stated she would be in favor of97 exploring this option. Chief Achilles explained the future needs and costs of the current dispatch98 operations and stated he would like to identify what is best for the community regarding services and99 cost. Mr. Healey supported the idea to explore this option. Mr. Stivers asked if Southborough could
100 host. Chief Paulhus replied that Southborough could not and he explained why the conglomerate101 would need to be in a separate building. Mr. Purple gave additional background regarding the102 commitment and stated that once the Town decides to enter into a regionalized dispatch center they103 cannot go back to an independent system. Mr. Healey asked if requiring a standalone facility for104 regional dispatch would be a non-starter for Chief Paulhus. Chief Paulhus replied that regionalization105 is the wave of the future and there are issues he can identify but would like to have more106 information. Mr. Healey stated he is comfortable with Mr. Purple coordinating with the Chiefs to
move forward.108109 Chief Paulhus told the Board that the current dispatch will need to expand and he explained the one110 operating dispatcher per shift and how it is currently staffed with overtime and part-time employees.111 He added that he will be looking to add at least one additional full-time personnel and some112 supervision in the budget. Ms. Malinowski stated she was supportive of Mr. Purple working with the113 Chief to gather more information about regionalization. Mr. Stivers asked to review the114 Acton/Concord regionalization to understand their process. Mr. Purple stated he will move forward115 with the Chiefs.116117 Chief Achilles — Articl requests for STM — Authority of Fire Department118 Chairwoman Braccio xplained that new information was brought forward after the agenda was119 posted and this item no longer needs to be addressed. Mr. Purple explained the history behind MGL120 Chapter 48 Section 42, 43 and 44 and the Special Act of 1920. The Board was comfortable that the121 Fire Chief holds the authority needed.122123 Carla McAuliffe, Town Accountant — COVID-19 update & proposed consultant contract124 Ms. McAuliffe updated the Board on the statues of the CARES Act, FEMA reimbursement and ARPA125 funding. She stated the Town has been reimbursed $66,000 of the $350,000 spent through FEMA;126 $59,000 of the 218,000 allocated from the CARES Act and the Town received $1.Smillion from ARPA.127 There was discussion regarding how often an update to the Board should be given and the Board128 agreed monthly was appropriate. Ms. McAuliffe outlined the proposed contract from Capital129 Strategic Solutions. Ms. Malinowski stated she felt the project manager was a good fit and hiring a130 consultant would be beneficial to the Town Accountant and Treasurer Collector. Mr. Stivers felt this131 would be assist in moving swiftly to pursue all opportunities for funding through federal programs.132 Mr. Purple felt the consultants’ role could provide recommendations and options for priorities to133 apply the funding. Mr. Healey stated the consultant is essential. Ms. McAuliffe stated the funding134 for the consultant would be through the CARES Act and would be of no cost to the Town. Mr. Healey135 stated he would like to meet the consultants and the Board agreed to invite them to the September136 9th meeting. Mr. Healey made a motion that the Board approve and authorize the proposal for the137 American Rescue Plan Act support services by CSS to include $160 per hour rate and to make it clear
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138 that there is no fixed duration for the proposal and is terminal at will by the Town and overall subject139 to review by Town Counsel. Mr. Stivers seconded. The motion passed (5-0-0) by roll call vote,140 Malinowski, aye; Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.141142 Chairwoman Braccio called the meeting to recess at 8:27 P.M. The Board returned at 8:31 P.M.143144 Karen Galligan, DPW Superintendent145 i. Update on repair work in the Rural Cemetery146 Ms. Galligan updated the Board on the work being done at the Rural Cemetery which included hiring147 a conservator to review the condition of the stones and Ms. Galligan’s team restored over 100 stones148 in eight weeks. Chairwoman Braccio thanked Ms. Galligan and her team for their diligent work.149150 ii. Update on Main Street project; recommendation for bid award151 Ms. Galligan outlined outstanding items needed to conclude the Main Street project including152 Verizon and National Grid poles. She updated the Board on the DOT bridge work that has taken place153 and stated they have kept the public well informed of each step of the process.154155 iii. Update on Northboro Road156 Ms. Galligan outlined the status of Northboro Road and stated that once costs are acquired for157 contracting work, she will present options to the Board. She outlined project implications that would158 impact cost and work scope and added she would like to include an article at Special Town Meeting159 to approve the cost of this project. There was discussion regarding potential proposals and cost.160161 iv. Update on water project for Newton Street162 Ms. Galligan stated that they are in the design phase of this project and she hopes to reallocate163 $900,000 left oer from the replacement of a water main on Route 9 to this project. Mr. Healey164 encouraged Ms. Galligan to reach out to the consultants at C55 to inquire whether this and other165 projects could fall under ARPA funding. Ms. Galligan stated she supplied a list to Mr. Purple for166 Representative Dykema. She added that this design should be completed in late fall. Mr. Purple167 explained the steps needed to be taken to reallocate the funds from other sources to this project.168 Chairwoman Braccio asked if the project would likely start next year and Ms. Galligan confirmed that169 was most likely.170171 v. Update on Shared Streets grant172 Ms. Galligan explained the bid process for fixing the St. Mark’s Street and Route 85 intersection. The173 project needs to be completed by December 31st in order to use the $290,000 in Shared Spaces Grant174 funds. She explained the status of additional projects and stated that the bid explanation is included175 in the packet. There was discussion of Chapter 90 funds and other projects that it could be176 distributed to. Ms. Malinowski asked if Ms. Galligan anticipated the need to increase the fiscal year177 2022 road maintenance and explained that she is not in favor of moving a playground to the178 proposed park at the corner of St. Mark’s Street and Route 85. She added that because of this, she is179 also not in favor of the bid alternative. Mr. Healey asked what the park would look like and what180 options are available under the existing bid. Ms. Galligan described options that work in the same181 price range and within both bid alternatives. There was discussion regarding drainage in this area,182 ADA project goals and possible CPC funding. Ms. Galligan explained that the $290,000 needs to be183 used by the end of the year and outlined options for approval this evening. Mr. Healey stated he was184 in favor of the project and asked if there was flexibility from a grant perspective and additional185 federal infrastructure if the Board approved the bid. Ms. Galligan confirmed that was the case.
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186 There was discussion regarding an extension and the possibility of fixing the sidewalks in this area.187 The Board discussed whether this would impact routine toad maintenance and the ability for the188 Town to begin larger projects in the future. There was discussion regarding costs and funding189 sources.190191 Mr. Stivers made a motion to award the Various Streets Project base bid taking out the alternatives192 to the lowest bidder, EH Perkins Construction of 56 Main Street Hudson, MA 01749. Mr. Healey193 seconded. The motion passed all in favor (5-0-0) by roll call vote, Malinowski, aye; Dennington, aye;194 Healey, aye; Stivers, aye; Braccio, aye.195196 Mr. Healey made a motion to allocate remaining unallocated funds from Southborough’s 2020197 Chapter 90 apportionment and Southborough’s 2021 and 2022 Chapter 90 apportionment to the198 Various Streets Project as necessary for the full bid amount. Mr. Stivets seconded. The motion199 passed all in favor (5-0-0) by roll call vote, Malinowski, aye; Dennington, aye; Healey, aye; Stivers,200 aye; Btaccio, aye.201202 Mr. Healey made a motion to pursue Complete Streets and SITS grants for portions of Various Streets203 Projects. Mr. Stivers seconded. The motion passed all in favor (5-0-0) by roll call vote, Malinowski,204 aye; Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.205206 vi. Update on Complete Streets; authorization of grant applications207 This topic was discussed in the above agenda items.208209 vii. Update on Chapter 90; recommendation for allocation of funds210 This topic was discussed in the above agenda items.211212 viii. Update on Flagg Road HCVE request213 Ms. Galligan explained that in order to create a truck exclusion an alternative route has to be put214 forward and if it includes another town, that town must agree to it. She explained the challenges215 that arise from possible alternative routes and there was consensus that the problem would most216 likely be moved to another road and not solved. The Board discussed options to deter truck traffic217 and Ms. Galligan suggested a more global view of traffic patterns. Ms. Galligan explained the results218 of the recent traffic study on Flagg Road. Mr. Healey stated that he felt a global traffic study is219 appropriate and felt that if most of the trucks that are currently taking this route would be exempt,220 then the problem is not fixable. Mr. Stivers suggested reaching out to MASSDOT and speaking to221 traffic engineers who have worked with similar communities. Ms. Malinowski suggested relooking at222 the Main Street truck exclusion and Ms. Galligan explained alternate route options. Mr. Dennington223 agreed to relook at the Main Street truck exclusion. The Board discussed investigating the cost of224 such a study. Chairwoman Braccio asked that more information be presented at the September 8th
225 meeting. She volunteered to work with Mr. Purple, Ms. Galligan and MASSDOT.226227 Jonas Linden (39 Flagg Road) stated that the results of the most current traffic study on Flagg Road228 meets the criteria for a truck exclusion and asked the Board to submit the request to MASSDOT229 without incurring more costs through another traffic study. Mr. Healey stated he agreed with the230 need to address the Flagg Road traffic issues but stated he would like more input regarding alternate231 routes; specifically, from the Police Chief and Fire Chief.232
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233 Christie Demaria (18 Flagg Road) outlined the dangers of trucks and high-speed traffic on Flagg Road234 specifically in regards to the number of children walking and biking on this and neighboring roads.235 Chairwoman Braccio read a comment from Nicole Rhind asking to remove the truck exclusion from236 Main Street and put one on Flagg and Deerfoot Roads.237238 ix. Review of proposed Tree Policy239 Mr. Stivers stated that he has had conversations with Ms. Luttrell from the Planning Board, Mr.240 Purple and Town Counsel to record and create an explicit public policy on various state laws and241 regulations on tree removal and trimming. He described the process to research and create the242 document. Ms. Galligan explained her concerns which included holding a lengthy hearing process243 that is not required by law for the removal of dead trees. She explained the Mass General Law244 regarding tree removal and the current process. Mr. Stivers stated that there were two separate245 hearings for tree removals this past fall and explained that he felt the decision process was quick and246 effective. Mr. Healey asked if Town Counsel has reviewed this document and Mr. Stivers replied that247 he had not. Mr. Healey asked for Town Counsel to review the proposed tree policy. He asked what248 problem the policy will solve and Mr. Stivers replied increased public transparency and participation.249 There was discussion regarding whether the Board of Selectmen would be the appellate board and250 Mr. Healey explained his concerns if the Board were to be the appellate body for another elected251 board. Ms. Luttrell explained that any road project that affected a public tree should have joint252 hearings with the Tree Warden and Planning Board with no opportunity for appeal. She explained253 the history of tree hearings and Ms. Galligan explained that the DPW has not taken down a live tree254 since 2014. She explained the process taken and that only live trees require a hearing. Mr. Stivers255 stated that state law does not distinguish between live and dead trees and Chairwoman Braccio256 stated that the Board will get clarity from Town Counsel and speak to this matter at their next257 meeting.258259 III. Reports260 Chairwoman’s Report261 i. Barbara Jandrue retirement262 Chairwoman Braccio stated she attended her retirement celebration after over twenty-five years as263 director there. She stated Ms. Jandrue was presented with a citation of award from Representative264 Dykema. She thanked Ms. Jandrue for all her work.265266 ii. September 25th CERT recognition267 Chairwoman Braccio asked the Board to mark their calendars to attend the recognition luncheon to268 acknowledge the volunteers for the work they’ve done at the vaccination clinic.269270 Chairwoman Braccio informed that Board the Town Clerk Jim Hegarty will have a dedication from the271 Post Master and Regional Manager of the Post Office to unveil a new “thank you” stamp. The stamp272 is dedicated to all those in the Town of Southborough that assisted in holding safe and effective273 elections. The dedication will be held September 1st at the Town House.274275 Members’ Reports276 i. Language interpreter services277 Ms. Malinowski stated that the Police Department currently has access to these services and she is278 working on creating access to more departments. She gave background on the cost and services279 offered. Mr. Stivers suggested including Youth and Family Services for these services and Ms.280 Malinowski stated she is already in discussion with them to do so.
Selectmens Minutes 8-17-2; DRAFT Page 6
281282 Town Administrator Report283 Mr. Purple stated that the Town does have a contract for language interpreter services and he has284 been in contact with the vendor to provide new contracts for other departments. He stated he will285 be working with Ms. Malinowski to identify those departments and creating their access to the286 services.28728$ Mr. Purple stated that Southborough Access Media has notified him that the equipment needed for289 Zoom integration is backordered and they are looking at mid-September for those items to come in.290 He stated the target is to have the system ready by the first meeting in October.291292 IV. Consent Agenda293 a. Mr. Healey held agenda item “a.” Mr. Healey stated he held this item previously and was294 encouraged by the meeting held with the Historical Commission a month ago. He stated that he had295 a conversation with some members after that meeting and was very encouraged the Historical296 Commission is moving in the right direction. Mr. Healey made a motion to reappoint Rebecca Deans-297 Rowe to Historical Commission, term 6/30/24. Mr. Stivers seconded. The motion passed all in favor298 (5-0-0) by roll call vote, Malinowski, aye; Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.299 b. Mr. Healey made a motion to award the OPM contract to Central Mass Projects for Town House300 renovations. Mr. Stivers seconded. The motion passed all in favor ( 5-0-0) by roll call vote,301 Malinowski, aye; Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.302 c. Mr. Healey made a motion to award catch basin cleaning contract through MAPC consortium bid.303 Mr. Stivers seconded. The motion passed all in favor (5-0-0) by roll call vote, Malinowski, aye;304 Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.305 d. Mr. Healey made a motion to accept donations totaling $300.00 for Fire Department Ambulance306 Fund. Mr. Stivers seconded. The motion passed all in favor (5-0-0) by roll call vote, Malinowski, aye;307 Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.308 e. Mr. Healey made a motion to appoint Daniel Moreira as Full-Time Communications Officer,309 effective August 19, 2021. Mr. Stivers seconded. The motion passed all in favor (5-0-0) by roll call310 vote, Malinowski, aye; Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.311 f. Mr. Healey made a motion to appoint Nancy Dauteuil as Part-Time Telecommunications Officer,312 effective August 19, 2021. Mr. Stivers seconded. The motion passed all in favor (5-0-0) by roll call313 vote, Malinowski, aye; Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.314 g. Mr. Healey made a motion to appoint Isabella B. Bogdanski to Trails Committee, term 6/30/22.315 Mr. Stivers seconded. The motion passed all in favor (5-0-0) by roll call vote, Malinowski, aye;316 Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.317 h. Mr. Healey made a motion to appoint Taylor West to Southborough Emergency Planning318 Committee / Health Dept. Rep., unlimited term. Mr. Stivers seconded. The motion passed all in favor319 (5-0-0) by roll call vote, Malinowski, aye; Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.320 i. Mr. Healey made a motion to reappoint Mary Ann Anderson to Taxation Aid Committee, term321 6/30/22. Mr. Stivers seconded. The motion passed all in favor (5-0-0) by roll call vote, Malinowski,322 aye; Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.323 j. Mr. Healey made a motion to open the warrant for Special Town Meeting on November 1, 2021.324 Mr. Stivers seconded. The motion passed all in favor f 5-0-0) by roll call vote, Malinowski, aye;325 Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.326 k. Mr. Healey made a motion to appoint Dr. Heather Alker to Noise Bylaw Ad-Hoc Committee. Mr.327 Stivers seconded. The motion passed all in favor (5-0-0) by roll call vote, Malinowski, aye;328 Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.
Selectmen’s Minutes 8-17-21 DRAFT Page 7
329 I. Mr. Healey made a motion to authorize Chairwoman Braccio to accept the renewal pricing for330 Municipal Aggregation Program. Mr. Stivers seconded. The motion passed all in favor (5-0-0) by roll331 call vote, Malinowski, aye; Dennington, aye; Healey, aye; Stivers, aye; Braccio, aye.332333 b. Other Matters Properly Before the Board334 Review updated Noise Bylaw Ad-Hoc Committee charge335 Ms. Malinowski requested including a minimum of three public hearings to gather public input,336 adding language to bullet three to clarify and outline enforcement and reincluding bullet two which337 outlines the research of neighboring town’s noise bylaws. Mr. Healey stated that requiring public338 forums is important and stressed that he does not want the committee to use the previously339 proposed noise bylaw as a reference point. Mr. Healey made a motion to approve the Noise Bylaw340 Ad-Hoc Committee charge with the discussed changes. Mr. Stivers seconded. The motion passed all341 in favor (5-0-0) by roll call vote, Malinowski, aye; Dennington, aye; Healey, aye; Stivers, aye; Braccio,342 aye.343344 Warrant articles for Special Town Meeting345 Chairwoman Braccio outlined the potential increase in the Board of Health budget and the additional346 IT position which would be an article presented at Special Town Meeting. Mr. Purple listed the347 change from “Board of Selectmen” to “Selectboard,” a traffic study article, and the Downtown348 District bylaw as additional articles for the warrant. The timing of submitting articles and closing the349 warrant were discussed. Mr. Purple stated the vote to close the final warrant would be scheduled for350 the first meeting in October.351352 Mask mandate for Town buildings353 Chairwoman Braccio stated that Dr. Alker has informed her that the number of positive COVID-19354 cases in Southborough exceeds the number from this time last year and suggested a mask mandate355 for Town buildings. She suggested the Board require employees and the public to wear masks356 indoors through September 21st when the Board can reevaluate. There was discussion regarding the357 need for a mask mandate. Chairwoman Braccio made a motion to mandate masks for Town buildings358 for visitors and employees in common areas and working with the public and if an employee is at359 their desk and inside the allowed six feet of space, they can remain mask-less. Mr. Dennington360 seconded. The motion passed (3-2-0) by roll call vote, Malinowski, aye; Dennington, aye; Healey,361 nay; Stivers, nay; Braccio, aye. Chairwoman Braccio made a motion requiring all boards and362 committees to conduct meetings through Zoom only through September 215t Mr. Dennington363 seconded. The motion passed (3-2-0) by roll call vote, Malinowski, aye; Dennington, aye; Healey,364 nay; Stivers, nay; Braccio, aye.365366 Process to fill Board of Health vacancy367 Ms. Malinowski recused herself from this discussion. Chairwoman Braccio summarized her368 conversation with the Board of Health regarding the hiring of the vacant position. She stated there369 was one applicant and there were concerns that being advertised in the summer could have been the370 reason there were not more. There was discussion whether the application deadline should be371 extended in order to receive more applicants. Chairwoman Braccio stated she will reach out to the372 Board of Health to inform them to conduct the interview for the Board to review their373 recommendation before August 30th
374375 c. Public Comment
Selectmens Minutes 8-17-21 DRAFT Page 8
376 Tim Litt (14$ Woodland Road) stated that there are multiple ways to regionalize dispatch
377 communications and suggested investigating distributing the organization which he felt would be less
378 costly. He added that the there needs to be a sidewalk leading to the Public Safety Building in order
379 for the public to have full accessibility to it.
380381 d. Executive Session
382 On a motion made by Chairwoman Braccio at 11:36 P.M. the Board entered into Executive Session
383 per M.G.L. Chapter 30A, Section 21, and not returning to Open Session, to discuss contract
384 negotiations for the Town Administrator (Exemption 2), as the Chair has determined that an open
385 meeting may have a detrimental effect on the Town’s litigating position. Roll call vote, Malinowski,
386 aye; Dennington, aye; Healey, aye; Stivers, aye; Braccio aye.
387388
Upcoming MeetingsSeptember 8, 2021
September 21, 2021
389390 Respectfully submitted,
391392 Kathleen Barry, Recording Secretary
393394 List of Documents referred to at the August 17, 2021 BOS Meeting:
395 • Bid results Various Streets Project Base and Alternatives
396 • 8-17-21 flagg hcve-CSX-Nbro Culvert-MWRA-Newt water
397 • Citizen Activity Form, David Joyner
398 • Citizen Activity Form, Stacie Bancroft
399 • Letter from Chief Paulhus to BOS dated 7.28.21
400 • Chief Achilles Article requests for STM — Authority of Fire Department
401 • Letter from Carla McAuliffe to BOS re: Update on COVID-19 Funding
402 • Letter from Jason Malinowski to Mark Purple re_ Town House OPM RFQ 8.10.21
403 • Letter from Karen Galligan to BOS re: Catch Basin Cleaning Contract 8.11.21
404 • Donation Requests from Chief Achilles 7.12.21
405 • Letter from Chief Paulhus to BOS dated 7.27.21
406 • Letter from Chief Paulhus to 805 dated 8.4.21
407 • Citizen Activity Form, Isabella B. Bogdanski
408 • Letter from Neal Aspesi, SEMA to BOS dated 7.18.21
409 • Draft Noise Bylaw Ad-hoc Committee Charge 6.22.2021
410 • Town of Southborough—Public Shade Tree Policy 8.11.21
Selectmen’s Minutes 8-17-21 DRAFT Page 9
TOWN OF SOUTHBOROUGH
FIRE DEPARTMENT32 CORDAVILLE ROAD
SOUTHBOROUGH, MA 01772(508) 485-3235 (508) 485-3887 (FAX)
Tuesday, September 28, 2021
Board of SelectmenTown of South borough17 Common StreetSouthborough, MA 01772
Dear Town of Southborough Board of Selectmen,
Enclosed, please find the following donation made to the Town of SouthboroughAmbulance Fund for your acceptance.
RECEIVED FROM: AMOUNT: ACCOUNT SPECIFIED:
Judith Ann Aselbekian Trust $100 Ambulance Fund(2659-4-220-483-48310)
Thank you for your consideration of this request.
Sincerely,
/Steven E. AchillesSouthborough Fire Chief
TOWN OF SOUTHBOROUGH
TOWN HOUSE 17 COMMON STREET• SOUTHEOROUGH, MASSACHUSETI’S 01772-1662(508) 485-0710 x3009 FAX (508) 480-0161 bba11antine(5southborouhma.com
To: All Departments
From: Brian Ballantine, Finance Director
Date: October 4, 2021
Re: FY 2023 Budgets
cc: Board of Selectmen, Advisory Committee, Town Clerk, Moderator
Please find attached the budget calendar for preparing FY23 budgets and budget forms.
• Deadline to submit budgets! capital / money warrant articles:
FRIDAY, November 12, 2021 — NOON
• Warrant closes:
TUESDAY, DECEMBER 3, 2021
Submission by email to [email protected] is preferred.
Budget files will be e-mailed to all departments on Friday, October 22, 2021. Unfortunately our automatedbudget software (ClearGov) was not the solution the Town was searching for. We will be using Excel untilsuch time a better software is identified that is user friendly.
Please update your department budget request column — including salary computations if that is applicable.When calculating annual salaries for full time employees please use 2084 hours (Town Hall hours). For anynew budget line items please contact the Town Accountant for modification and an updated budget sheet.
Budgets will be reviewed and recommendations made by the Finance Team and Town Administrator.Attached is a schedule to meet with the Finance Team and Town Administrator to review your FY23department budgets. The Board of Selectmen will make final recommendations for the warrant and to theAdvisory Committee. Some departments will still be required to meet separately with the Advisory Committeeor Capital Committee at their request. If you have a capital item please submit a small paragraph explain theitem and the need for the request.
Please use proper format for warrant articles. Any committee or board who wishes to submit an article musthave the article voted by the board/committee to be accepted and placed on the warrant. If you are unclear onhow to word an article, please seek assistance from the Selectmen’s Office. Please include a short summary ofwhat your article will accomplish. A summary of each article will be included in the warrant as well as theposition [i.e. support or not support and the vote] of the Selectmen and Advisory Committee.
Please note: For SAP salaries please use the FY22 approved rate of 2.80%. As soon as the increase is officiallyestablished, we will advise Departments. Should any rate proposed by a Department Head exceed the standardamount please explain that with your submission.
One change for this upcoming year is that any technology hardware (printers, laptops, etc) should be removedfrom your department budget and accounted for in the IT budget. Please let the IT Director know should yourDepartment need a hardware IT expense for FY23.
Upon submitting your budget — please include a short description of any changes to your budget from theprevious year. This will assist the BUS, Advisory, and residents when reviewing all requests.
BUDGET CALENDAR FOR FY23 BUDGET
Event Date
Warrant opened Tuesday, October 19, 2021
Initial Meeting — Board of Selectmen/Advisoiy Tuesday, November 2, 2021
Budgets I Capital & money warrant articles submitted to Friday, November 12, 2021 at NOONSelectmen’s officeFinance Team and Town Administrator review budgets with November 29, 2021 to December 10,departments 2021 (see attached schedule)Annual Town Reports and non-money articles submitted Friday, December 7, 2021 at NOONto the Selectmen’s OfficeWarrant closed Tuesday, December 21, 2021Proposed budgets reviewed by Advisoty and Selectmen Starting Wednesday, December 20, 2021Selectmen take position on warrant articles Tuesday, February 1, 2022Selectmen vote on FY23 budgets Tuesday, February 15, 2022Warrant to be signed by Selectmen Tuesday, february 15, 2022Warrant to printer Tuesday, february 25, 2022Town Reports and Warrant posted and available to public; Friday, March 11, 2022legal notice in newspaper.Pre-Town Meeting with Town Moderator Tuesday, March 15, 2022Annual Town Meeting Saturday, March 26, 2022Annual Town Election Tuesday, May 10, 2022
Additional Notes:1. Advisory reserves the right to cancel any meeting at which the Committee does not have
the most current budget submitted.2. Any new service, personnel or hours added [or eliminated] to your budget from the
previous year should be explained thoroughly in a separate memo along with yoursubmittal.
3. Please note: All salary pages are brought over “as is” from FY22. These pages need tobe updated by the Department Head for the FY23 budget period. Kristen can assistanyone with items such as anniversary dates, longevity, or other payroll data items.
4. We have pushed back the deadline for budget submittals this year due to the SpecialTown Meeting. It is important budgets are received back on time on November 1 2th•
We appreciate the hard work of submitting all the information. Do not hesitate to contact me ifyou have any questions about this memorandum or the process in general.
Katie Barry
Subject: FW: Capital Planning Resignation
From: Andrew Pfaff <apfaffsouthboroughma .com>
Sent: Thursday, September 30, 2021 8:33 PM
To: Lisa Braccio <lbracciosouthboroughma.com>
Subject: Capital Planning Resignation
Dear Lisa,Please accept this letter as formal notification that I am resigning from my position as a member of the Southborough
Capital Planning Committee, effective immediately. Thank you so much for the opportunity to work on this important
committee. I’ve greatly enjoyed and appreciated the work we have done and I look forward to seeing all the great work
the committee will continue to do in the future.
Best regards,Andrew Pfaff
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Mark Purple
From: Kate Carter <[email protected]>Sent: Friday, October 1, 2021 4:51 AMTo: Mark PurpleCc: [email protected]: Chestnut Hill Farm’s Fall Fun on the Farm Events
Follow Up Flag: FollowUpFlag Status: Flagged
[EXTERNAL]
Mark:
This office represents The Trustees of Reservations. I’m writing to you as follow-up to my conversation withSouthborough Town Counsel, Jay Talerman, copied here and in advance of the Board of Selectmen’s October 5 meetingat which time it will consider The Trustees’ application for four one-day beer & wine licenses for its Fall Fun on the Farmevents at Chestnut Hill Farm each Sunday of October (The Trustees cancelled the Fall Fun on the Farm event on October3rd)
These types of events are an opportunity to advance the express purposes of the 2006 Conservation Restriction. Theyprovide a structured opportunity for members of the general public to visit Chestnut Hill Farm — the only remainingactive vegetable production farm in the Town of Southborough — and experience the unique qualities of the propertypreserved by the CR. The Fall Fun on the Farm events will include a series of recreational opportunities for the generalpublic, several of which are designed to facilitate experiential, educational activities — opportunities to not just tellchildren and their families where their food comes from but to show them where it comes from by allowing them totouch and climb on the equipment that helps grow their food, walk around the fields where their food is grown, andpurchase some of the vegetables and meats grown / raised on CHF so that they can make the connection of farm totable. Families will also be able to take a guided hayride and learn about the history of the farm, what is grown andgrazes on the farm, and the other wildlife species that live among the working farm. For example, while on the hayridefamilies and children will see how The Trustees leave certain fields untouched to use for nesting bird habitat, includingthe bobolinks at Chestnut Hill Farm, before turning animals out to graze. Children will also have the opportunity toparticipate in a scavenger hunt where they will be encouraged to explore and discover different animals, plants, andfoliage on the farm. Each week the event will feature a different children’s craft or hands-on-activity (e.g. decorating andwriting a postcard about their time on the farm, veggie stamping, planting seedlings, coloring pages featuring animaltracks or animal lifecycles, etc.) all of which are intended to deepen the connection between the Chestnut Hill Farm andthese future stewards of this and other special places. By teaching children to care for such a place and its value to thecommunity, we can ensure that properties like Chestnut Hill Farm are preserved for generations to come.
The structured nature of the event encourages greater public access to the farm which The Trustees can then leveragethrough experiential learning to make connections to purposes of the CR. Many of the planned activities are expresslycontemplated by the CR. The guided and self-guided tours of the Premises create opportunities for the general public toenjoy the noteworthy, distinctive scenic views preserved by the CR. Narrated aspects of the event (e.g. hayride tours)
1
highlight the features of the property that warranted placing it into conservation in the first place and inform visitors of
the history of the Premises and its connection to the agrarian history of the Town. The emphasis on farm-related
activities elevates the importance of the farming industry and creates buy-in as to why it is important to preserve the
historic use of the farm in the future. Moreover, connecting children (and their families) to working farms like Chestnut
Hill Farm not only provides an opportunity to form healthy eating habits (the picky eater might be more apt to try
kohlrabi if she saw the field where it was grown!) but forms the basis for promoting the environmental benefits of
going to your local farm and buying local. In the face of a rapidly warming climate, this may be the most important
lesson of all.
The Trustees have applied for a series of one-day food and wine licenses in order to sell locally brewed, craft beer at the
event. This offering harkens back to the Harvest Festivals celebrated across New England farms at the end of the
growing season and are intended to celebrate the land and resulting bounty. Based on The Trustees’ experience at anumber of its other working farms, this offering has the added benefit of encouraging and drawing a critical mass of the
general public, which furthers the overall conservation and educational goals of the Trustees. At the bottom of this email
is a list (with links) of recent fall weekend events which the Trustees have hosted / are hosting at Powisset Farm, Weir
River Farm, and Appleton Farm.
The Trustees look forward to answering any additional questions that the Board of Selectpersons might have on Tuesday
evening.
Best,
Kate Carter
Powisset Farm: Fall Fun on the FarmEvery Saturday & Sunday in Sept & October
Link: https://thetrustees.orQ/event/67543/
Event Description:
Celebrate all things autumn at historic Powisset Farm! Join us every Saturday and Sunday to enjoy a classic New England fallday featuring apple cider, hayrides, a climbing haystack, live music, scenic walking trails, a Storywalk, fall scavengerhunt and a visit to see the barnyard animals. Indulge in farm fresh, wood-fired pizza with an array of toppings, hot and coldcider, wine and craft beer, and other seasonal treats available for purchase. Our Farm Store will be open and full of autumnproduce and local products for you to take home.
Bring your best flannel, friends, and family for a fantastic fall day on the farm!
Details:
• Every Saturday & Sunday, September 11-October 31.• We offer timed ticketing to provide a safe, enjoyable experience: 12-1:3Opm, 1:30-3:OOpm & 3:OO-4:3Opm.
2
• Pre-registration is required. Children under 2 are free and do not need a ticket.• Entrance ticket includes free parking, access to trails, Storywalk, barnyard animals, climbing haystack, hayride,
scavenger hunt and live music.
Welt Rivet Fall FestivalSaturday, Sept 25
Event Descrintion:
Spend time learning about our livestock with our 4-H volunteers, climb aboard a tractor, choose a farm “tattoo”, make aspooky mask or a wildflower seed “bomb”, challenge your friends at corn hole and the pumpkin ring toss! (Bring a mask assome craft activities are inside the barn.)
All this activity will surely have you hungry — grab your blanket and enjoy a picnic provided by the Wanderlust food trucks.Thirsty? While the kids enjoy a cup of cider, grab a local beer from Zelus Brewing or Steliwagen Beer Company. And leaveroom for dessert! Nona’s Homemade will join us for the morning, and there are whoopie pies and doughnut muffins in theFarm Store.
Relax and enjoy a full day of live music: Peter Mundt entertains families from 11AM — 12:45PM, the Lied To’s play a mixtureof country, roots, and folk from 1 — 2:45PM, and the Mood Swings Orchestra, Boston’s all-women 19-piece big band, rocksfrom 3 — 4:30PM.
While you are at the event, be sure to stop by Weir River Farm Market to purchase some beef, pork, lamb or chicken raisedright on the farm, and delicious local cheeses, jams, baked goods, and fresh produce.
Appleton Farm Oktoberfest WeekendSaturday 10/9 & Sunday 10/10Link: https://thetrustees.org/event/67321/
Event Description:
The spirit of Octoberfest is taking over Appleton Farms for the weekend!
We’ll have a special Octoberfest-inspired pizza menu both Saturday and Sunday along with plenty of local craft beer to enjoy.Saturday will feature German oompah-band style music from 1:00 — 5:00 and on Sunday we’ll switch things up a bit withtwo bands, Pyschedelic Relics and Orvile Giddings Band, bringing some rock-toberfest to the Farmhouse front lawn, from12:00 — 2:00 and then 3:00 — 5:00.
Farmhouse Wood-Fired at Appleton FarmThursday-SundaysLink: https://thetrustees.org/event/67 151/
Event Description:
3
Bring your lawn chairs and picnic blankets for a perfect wood-fired pizza experience surrounded by the idyllic beauty ofAppleton Farms. The menu will change weekly, featuring local and seasonal ingredients, including produce from our ownfarm. Pizza varieties will include cheese, meat and seasonal veggie, with other options available such as artisan pastries,seasonal salads and lighter fare.
Hours for the season are:Thursdays 4-7pmFridays 4-7pmSaturdays 12-6pmSundays 12-6pm
Saturdays will include free live music from 3-5pm.
Craft beverages will also be available on-site, provided by local breweries and small businesses.
Essex County Brewing Company Thursdays in ]une, Sundays in September and October
Helen’s Bottle Shop Fridays in June and August
Notch Brewing every Saturday throughout the season
True North Ale Company Sundays in June and November, Thursdays in July
Rockport Brewing Company Fridays in July
Gentile Brewing Company Sundays in July
Great Marsh Brewing Company Sundays in August
Old Planters Brewing Company Fridays in September and October
Educational programs happening in conjunction with Oktoberfest & Farmhouse Wood-Fired:Befriend the Barnyard: https://thetrustees.org/event/67454/Appleton Farms Guided Tour: https://thetrustees.org/event/67207/
Appleton Farm to Fork Tour: https://thetrustees.org/event/66741/Hike to the Pinnacles at Appleton: https://thetrustees.org/event/6716$/Carriage Barn Open Hours: https://thetrustees.org/event/67092/Hay Rides at Appleton Farms: https://thetrustees.org/event/67851/Family Farm Chores at Appleton Farm: https://thetrustees.org/event/67467/Sketching the Farm Class at Appleton: https://thetrustees.org/event/67245/Trustees Trekker Family Hike: https://thetrustees.org/event/67233/
Kate Moran CarterDAIN, TORPY, LE RAY, WIEST & GARNER, P.C.745 Atlantic Avenue, Suite 500, Boston, MA 02111P: 857.453.4354F: [email protected] consider the environment before printing this e-mail.
4
APPLICATION FOR ONE-DAY ALCOHOLLICENSE
TOWN Of SOUTHBOROUGHBoard of Selectmen
_______
17 Common Street, Southborough MA 01772
__________
Special or uone..dayll licenses for the sale of alcoholic beverages are available to the responsible eventmanager of any activity conducted by an organization which, in the opinion of the Town ofSouthborough Select Board, complies with all State and local requirements and demonstratessatisfactorily that granting of the license Is In the best interests of the Town of Southborough. Thisapplication must be submitted at least 30 days priorto the event.
ieiIa q4SEvent Manager/Appllcant-I4ame
39_Ppiiis&St. )Overf M/Event Manager/Applicant Address
6 ii.t Hl 2C1
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ciii f&n nr, ‘rilE’ FttiviNAME OF EVENT! PURPOSE
LOCAT1ONOFEVENT PhA+ +1iI cLIYVI
Inside Outside
Is the organization you are representing nonprofit* )cl YES
________NO
‘If ‘Yes’ and applying for “All Alcohol” license, acceptable proof of non-profit status must be attached
“Alcohol Awareness Server Training Affidavit” and Server Certificates attached YES _NO
TOWN USE ONLY
Date:
_______—
Paid: $ L’
Cash7
Uc.#
(J WINE/MALT ONLY ALL ALCOHOL tfor non-profits onlyJ
License Fee: $50.00, non-refundable, check or cash only, payable to Town of Southborough
APPUCA11ON DATE: )aL
Event ManeerfApplIcant EmaIl Address J
,J L2,cpv-vtihmc — (‘Li’clm.i4- H.II Fav’iviOrganization Representing Address of Organization
10/10121 N/ADATEOF EVENT RAIN DATE
Hours of Sale/Consumption of Alcoholic Beverages I . AM/S to g AM/
APPLICATION FOR ONE-DAY ALCOHOLLICENSE
TOWN OF SOUTHBOROUGHBoard of Selectmen
17 Common Street, Southborough MA 01772
Special or onay” licenses for the sale of alcoholic beverages are available to the responsible eventmanager of any actMty conducted by an organization which, in the opinion of the Town ofSouthborough Select Board, complies with all State and local requirements and demonstratessatisfactorily that granting of the license is in the best interests of the Town of Southborough. Thisapplication must be submitted at least 30 days prior to the event.
Event Manager/Applicant44ame
39 O1AhSS& St ho Vf If M/ O2O3 OEvent Manager/Applicant Address
nihta,pc ( -H,ip’I’m.c-pix
LOCATIONOFEVENT c-c- NIh E7YE4Inside f )O Outside
6 C4tL14.r I-4’ll Qt,
Vi4- 0177
Is the organization you are representing non-profit )1 YES NO
1f ‘Yes’ and applying for AII AIcohol license, acceptable proof of non-profit status must be attached
“Alcohol Awareness Server Training Affidavit” and Server Certificates attached YES__NO
TOWN USE ONLY
Date f2IPaid: $._______
cheddt —
Cash b’
i.ic.#
WINE/MALT ONLY ALL ALCOHOL [for non-profits only]
License Fee: $50.00, non-refundable, check or ca5h only, payable to Town of Southborough
APPUCA11DN DATE: Rl’i Iai
Event Maneer/Applicant Email Address J
hit cwt’s ,i( 2,ctv4hs — r Iñid- *‘II F,ictiOrganization Representing Address of Organization
F7UfnMiJlPf’afw1 D)i7I2J NIPSNAME OF EVENT I PURPOSE DATE OF EVENT RAIN DATE
Hours of Sale/Consumption of Alcoholic Beverages 1 ._. AM/C to g 23 AM/?
TOWN USE ONLY
APPLICATION FOR ONE-DAY ALCOHOLLICENSE
TOWN OF SOUTHBOROUGHBoard of Selectmen
17 Common Street, Southborougli MA 01772
Special or “one-day” licenses for the sale of alcoholic beverages are available to the responsible eventmanager of any actMty conducted by an organization which, In the opinion of the Town ofSouthborough Select Board, complies with all State and local requirements and demonstratessatisfactorily that granting of the license is in the best interests of the Town of Southborough. Thisapplication must be submitted at least 30 days prior to the event
Mha.ei4 fuqeSEvent Manager/Appllcant4lame
39 PofrJis.sek-St. fovtt M ZtEvent Manager/Applicant Address
ftjEvent Manager/Applicant Email Address —
6 1i- H.I
1he 1vAsk€S J Qicwtv*hths — C tiestnL.t1- *iIl Fttvi %50’’1l,
Organization Representing Address of Organization
cii’ 1&n The’ Fatwi lU2’1i N/flNAME OF EVENT I PURPOSE DATE F EV RAIN DATE
LOCATIONOFEVENT Ct/itc1-v,LA4- 14i1 ariv’iInside Outside
Is the organization you are representing nonprofit* )cl YES NO
1f ‘Yes’ and applying for “Alt Alcohol” license, acceptzble proof of non-profitstatus must be attached
2t1I’4- O177
“Alcohol Awareness Server Training Affidavit” and Server Certificates attached YES _NO
€3’ Date: q_i- 2_iPaid: $
gp.cD
O,edc# -
Cash___
Uc.#
9L WINE/MALT ONLY ALL ALCOHOL [for non-profits on lyJ
License Fee: $50.00, non-refundable, check or cash only, payable to Town of Southborough
APPUCAflON DATE: R1i )aj
Hours of Sale/Consumption of AlcoholicBeverages I — AM/ to g .p AM/7
APPLICATION FOR ONE-DAY ALCOHOLLICENSE
TOWN OF SOUTHBOROUGHBoard of Selectmen
_______
17 Common Street, Southborough MA 01772
___________
Special or “one-day” licenses for the sale of alcoholic beverages ate available to the responsible eventmanager of any activity conducted by an organization which, in the opinion of the Town ofSouthborough Select Board, complies with all State and local requirements and demonstratessatisfactorily that granting of the license is in the best interests of the Town of Southborough. Thisapplication must be submitted at least 30 days prior to the event.
Mc.V1ckIl RucØS —
Event Manager/Applicant4lame
3 Povss&St tôver, M1 O2ônEvent Manager/Applicant Address
OtcEvent Manager/ApplIcant Email Address J
6 CM +yt I-4ll
Ikt1’..&cWtS ,4 ,crvahiwc— ,Lcht1- fiII Pztt,q M O17
Organization Representing Address of Organization
FaIi FM’ tin 11i’ Fai.vi IO/II%INAME OF EVENT I PURPOSE DATE OF EVENT RAIN DATE
LOCATION OF EVENT C ctiiutk btfl fiirInside Outside
Is the organization you are representing non-profit YES NO
‘If ‘Yes’ and applying for MAli Alcohol” license, acceptable proof of non.protit status must be attached
“Alcohol Awareness Server Training Affidavit” and Server Certificates attached ... YES _NO
TOWN USE ONLY
Date:
__________
Paid:$_____________
Check#___________cash___________
Uc.#
WINE/MALT ONLY ALL ALCOHOL [for non-profits onlyJ
License Fee: $50.00, non-refundable, check or cash only, payable to Town of Southborough
APPLiCATION DATE: ).i
Hours of Sale/Consumption of Alcoholic Beverages I —. AM/C to U 3 AM/r
APPUCATION FOR ONE-DAY ALCOHOL LICENSE Page 3
ALCOHOL AWARENESS SERVER TRAINING AFFIDAVIT
I hereby certify that I have read the Training Requirements for Liquor License Holders and Employees. Iunderstand that failure to comply with this policy may result in the revocation or non-renewal of thelicense. Below is a current roster of my employees and the related alcohol awareness server traininginformation.
N0Th Copies of all original certificates MUST accompany this form. ‘‘
11i ltLLk.L.c (‘I&LckY)(AJr -H1ik fyCompany/Organization
t.A. u.dii’ /3/ZiManager (Note: Manager training MUST be current] Date
Type of Training Date ofManager/Employee Name Date of Hire [certification] Date Valid Expiration
. gc1, AIM c/lrJ2z
Any applicant for a one-day liquor license shall, as a condition of their being granted the license, ensurethat at least one person to be engaged in the sale/service of alcoholic beverages at their event has beencertified in a program from the list of Board of Selectmen sanctioned programs. On-line e-tralnlng”)training Is not an acceptable means of obtaining certification. A copy of their certification mustaccompany the application.
Listed below are the only programs currently available that meet the requirements of this policyapproved by Board of Selectmen on September 17, 2013 [telephone numbers and contacts areprovided as of date of pollcyJ:
1. ServSafe Alcohol offered by the National Restaurant Association [www.servsafe.com/aicohol, thenclick on “Find a Class”)2. SAFE ID Check offered by J.B.S. Professional Services, LLC [617-539.0118]3. Alcohol intervention Methods CALM.] offered by Campbeiltrrent [508-756-8542]4. TrainIng for Intervention Procedures by Servers of Alcohol [TIPS] offered by Health Communication,Inc. [www.gettlps.com, then click on Get TIPS Certified, ‘training session” to find a class. NOTE: “Onlinetraining with eTiPS” Is NOT ACCEPTABLEJ5. Approved for OFF-PREMISE sales license only: Beverage Alcohol Training [B.A.T.J offered by theMassachusetts Package Store Association tMass Pack Contact: Frank Anialoti 800-322-1383, or, to finda class, go to www.masspackorgJservertralnlng]
APPUCATION FOR ONE-DAY ALCOHOL UCENSE Page 4
I understand that anyone holding a Special License must purchase alcoholic beverages from a licensedwholesaler/importer, manufacturer, farmer-winery, farmer-brewery or special permit holder.Purchasing alcoholic beverages from a package store Is prohibited by the ABCC. A list of authorizedsources to purchase alcohol can be found on the ABCC websfte www.mass.gov/abcc or you can contactthe ABCC directly at (617) 727-3040.
Initial
I understand that the license holder must provide a Certificate of Liability Insurance with a liquorliability policy with $1M coverage, naming the Town of Southborough as the certificate holder.
lnltiaL—
I certify under penalty of perjury that I shall be responsIble for the proper observance of all applicableAlcohol Control Laws of the State of Massachusetts, policies and regulations of the Town ofSouthborough, and conditions governing this license; all information contained In this application istrue and correct; and this License Is being sought for the exclusive benefit and use of the Non-ProfitSponsor and Its members.
Inft1ak
LIABILITY DISCLAIMER FOR ONE-DAYALCOHOL LICENSES
By exercising the privileges of this tkense in serving persons with alcoholic beverages, the licensee ispotentially exposed to significant liabIlity for Injuries and damages to persons served or to others whoare injured or damaged by the persons served. Your acceptance and exercise of this license will bedeemed to be acknowledgement that you are aware of this potential liability. You are encouraged todiscuss the risks associated with exercising your privileges of the license and the precautionsappropriate to avoid Injuries, damage, and liability to others with your iegal and/or insurance advisors.The Town of Southborough, and the Select Board as Local Licensing Authority, shall not be liable to thelicensee or others if injury or damage shall result from the exercise of the license.
I, Mi ciiia.pi 4tu4kt. S in consideration of having been granted a special(Event Manager/Aphcant)
license for the service of alcoholic beverages, hereby agree to defend, indemnify and hold harmlessthe Town of Southborough (“Town”), its officers, boards, empioyees and agents, from any liability forany and all loss, damage, cost, claim, expense, compensation and cause of action arising out of, or Inconnection with, the issuance or exercise of the special license granted to me by the Select Boardacting as the Town’s Local licensing Authority.
/Event Manager App cant Signature Date
APPLICATION FOR ONE-DAY ALCOHOL UCENSE PageS
REQUIRED FORMS TO SUBMIT WITH APPLiCATiON:
Completed license application with cash/check
A Certificate of General Liability insurance with a Liquor Liability for $1M, naming the Town ofSouthborough (17 Common Street, Southborough MA 01772) as Certificate Holder
Completed ‘Alcohol Awareness Server Training Affidavit’ form, including copies of training cards
List of designated drivers to be available for transporting attendees considered unable to drive
IF APPLICABLE:
InvitatIon/flyer/letter of explanation regarding event
Q Proof of non-profit status (for ‘All Alcohol License’ only)
‘Voted May 18, 1993: To maintain the policy that was put In effect October25, 1988 with the stipulation that the Board ofSelectmen does have the authority to waive the requirement for a one-million-dollar Insurance policy If ft Is so voted by a majorityof the Board.
GUIDELiNES:
• Application for Special One-day License must be submitted at least 30 days prior to event• A police detail may be required, depending upon the number of people and the event, It is the
applicant’s responsibility to contact the Southborough Police Deportment prior to applicationsubmission: 508-485-2147
• Events can only be held on day and date approved on license. No refund Is possible after a Special One-Day Ucense has been issued. Rain dates for events must be noted on the application prior to approval.If no rain date Is listed, the event cannot be held on date other than date specified.
• Special One-day Licenses can only be Issued for events occurring between 11:00 a.m. — midnight onMonday — Saturday, and noon - midnight on Sundays.
• License must be posted In the most conspicuous place at the location of event• DO NOT allow anyone to bring their own alcoholic beverages to your event• A one-day license CAN NOT be granted to:
o any person for more than a total of 30 days per calendar yearo any person that has an on-premises annual license application pendingo any premises that has an alcoholic beverages license.
FOR TOWN USE ONLY
LOCAL LICENSING AUTHORITY DECISION DATE:
D APPROVED
D DENIED
Ucense #____________ Notice Sent to ABCC (wIthin 10 days of Issuance)
Payment received:
______
Date_ Cash_____ Check#.
A3RC! CERTIFICATE OF UABILITY INSURANCEThIS CERTIFICATE IS ISSUED AS A MATtER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON ThE CERTIFICATE HOLDER. ThisCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER ThE COVERAGE AFFORDED BY ThE POUCMSBELOW. ThIS CERTIFICATE OF INSURANCE DOSS NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IIIFORTANT: If lie ceriMesli holder te an ADDONAL INSURED, the pcticy(ise) must have ADDmONAL EGURED provisIons or be andomed.if SUBROGATION is WANED .uW.ct to the t.mi. end conditions of th. policy, crtoln pMde. may reRidI, an endom.menL A atment onthis cerMScato does not conbrrtghto to th. certificate holder In lieu of such andon.ment(s).
- 617-2614700 1 .t617446-O400
Bisumawvioco*or HAlOS
_________________________________________
NIUA; PtiUaddj,his Indermmity Insw.nc Ccn’icw 18058•iiecnso. esu5
__________
NIU:
__________
______________________________________________________________
muF,
___________
CER 48210 REVISION NUMBER.:THIS is TO cERTiFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVEl ISSUED TO THE INSURED NAAISD ABOVE FOR THE POLICY PERIODINDlCATED NO1MThSTANDINO ANY RsQuIRDdarr. TERM OR CONDITiON OF ANY CONTRACT OR OTHER DOCUMCHT WITH RESPECT TO WHICH ThISCER11FICATE MAY BE ISSLED OR MAY PERTAIN. liE INSURANCE AFFORDED BY ThE POLICIES DESCRIBED IEREIN IS SUBJECT TO ALL THE TERMS,E)CVCUSION3 AND CONOFOONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE 5ED4 REDUCES BY PAID CLAIMS.
lt— TpaoFmEaAxcs Poucvsaece Lists_________________
A X TC0ERORLISHEtM.UALJTY PHP)2587S5 41112521 41112022 EACH 0CCIA(ER 11,000,000—I—i 010 mNTEDCLAst$.UADE OCCUR%mI) 5100,000
E(Mamp.nsi) $5000FERSONAL IADVB1.IR 11,000.000
Got .ACGREGAXELMIT APPLSS GOERJLAGflGATE 52j,oo,000] poucv E] [] coo FRODUC1-C0MPPAGO $2,000,000
jOTNow — S,mi.o.L.LiesIJiy
ANY AUTO ICGLYRUURY pe’is’4 I: z1M’°NON.OstlED r,ILYAUTOS ONLY AIJTOSGLY
SURDnsLLAUAO J occUR EAcHoCaPCE Sceu LIAS I D.AI,IS4SADE ACGREOATE $orot InElenloNs — $
CO5FSHMTI0N J IAim L0YUIVJTY ANVPRY!EV0ARTNEJT1VE Li. EACH A000SHT Iornceaiim.anIr NSA(Icadsy In Wifi ELESEASI-IAEIerLOYE $
— ERATI0imWi — LI.. O1ILASS-POUCYLI.Ir IA LU.Sy PHPlQ67I6 411t21 41112022
cERTIFICATE HOLDER CANCELlATION
SHOULD AllY OF THE ABOVE DBSCRIBED POLICiES U CANCSI.LED BEFOREma mrnou om maniol’, iionce WBJ. BE DEIJVERED INACCORDANCE WITH THE POLICY PROVISIONS.
Town of Southbomugh17 Common Street
AUTh0Southbomugh MA 01701
• 18884015 ACORD CORPORATION. All jlgltts reserved.The ACORD name and logo am registered multi of ACORD
DATE (WSIDMTI’YY)
41812021
F*000can
Mhur J. GaUagher Risk Management Services. Inc.470 Atlantic AvenueBoston MA 02210
Trustees ot Reservations200 HIgh Sfreet. 4th BoorBoston MA 02210
COVERAGES flPICATE NUMBER.- 115S
DSICNPJ)ON OFCPAVCNIILCAflGIIIimI Isecis III.The Town of Southberough is kidudid es additorat kiswid with reepecisto the Genarat U.bMy PoOcy. Coverage subjed to policy terms and condition..
ACORO 25(2010103)
CERTIFICATION NUMBFfl79;
ALCOHOL INTERVENTION METHODSCERTiFIES:zi O&)%
CAMPBELL TRENT EXPIRES508.756.8542 NAY 1 202
Chestnut Hill Farm, 5 Chestnut Hill Rd, Southborough, MA
Sundays 10/3, 10/10, 10/17, 10/24, 10/31
12PM-1:3OPM, 1:30-3PM, 3-4:3OPM
Designated Driver List
• Michaela Hughes, Engagement Manager, 857-243-0039• Mackenzie Cahill, Lead Event AssIstant, 774-289-9116• D.A. Hayden, Portfolio DIrector, 781-910-3315
Fall Fun on the Farm
CHESTNUT HILL FARM
FALL FUN ONTHE FARM
HAYRIDES
LIVEMUSIC
FOODTRUCK
BARNYARDANIMALS
HANDS-ONCRAFTS
CRAFT BEER,WINE, APPLE
CIDEREVERY SUNDAY IN OCTOBER
PRE-REGISTRATION REQUIREDBIT.LY/CHPFUN2I
3 TICKET SESSIONS: 12-1:30?M, 1:30-3?M. 3-4:30?M ii
I
—
SPECIAL TOWN MEETING WARRANT
ofthe
TOWN Of SOUTHBOROUGH
MASSA CHUSETTS
on
Monday, November 1, 20217:00PM
for the Special Town Meeting
ContentsPage No.
Town Finance Terminology 4Introduction to the Rules of Town Meeting 5
Articles1. Amend Personnel Bylaw 92. Amend Town Code — Select Board xx3. Amend FY2022 Budget — Board of Health Personnel/Benefits xx4. Amend FY2022 Budget — Capital xx5. Traffic Study for HCV routes xx6. Amend Town Code — Advisory membership xx7. Amend Town Code — Notice of Town Meetings xx8. Amend Town Code — Location of Town Meeting xx9. Amend Town Code — Availability of Annual Report xx
10. Amend Town Code — Zoning — Downtown District xx
Special Town Meeting 2 November 1, 2021
Town Finance Terminology
The following terms are frequently used in the Advisory Committee Report and at Town Meeting. For yourconvenience, we provide the following definitions.
Surplus Revenue: (Often referred to as “Excess and Deficiency”)The fund represents the amount by which the Cash, Accottnts Receivable and other floating assets exceed theliabilities and reserves.
Available Funds: (Often referred to as “Free Cash”)The amount of the Unreserved Fund Balance (Surplus Revenue) account over and above uncollected taxes ofprioryears constitutes free cash” or “availablefunds
Overlay:The Overlay is the amount raised by the Assessors in excess of appropriations and other charges for the purpose ofcreating a fund to cover abatements and exemptions as granted.
Overlay Reserve:This is the accumulated amount of the Overlay for various years not used or required to be held in the specificOverlay account for a given year, and may be used by vote of the town for extraordinary or unforeseen purposes orvoted into the Reserve Fund.
Stabilization Fund:An outside section of Chapter 138 of the Acts of 1991 (the FY92 State budget) modifies limitations on theStabilization Fund appropriation process by enabling communities to appropriate from this fund for any non-capital,lawful purpose without Emergency Finance Board approval (section 333). Beginning in FY92, the Stabilization Fundwill thus become a source of revenue for general operating expenses for communities.
The Stabilization Fund is a mechanism for setting aside money for capital projects. It equalizes the effect of capitalexpenditures over time, as capital appropriations can change considerably from year to year. The balance in the fundwill build up during years when expenditures for capital items are low. During years with high capital expenditures,the community will transfer money from the fund to reduce the project’s impact on the tax rate or the amount ofborrowing required for the project.
A community may appropriate up to 10% of its tax levy each year, as long as the balance in the Stabilization Funddoes not exceed 10% of the community’s equalized valuation. Interest earned on any fund balance is retained as partof the fund.
Appropriations into a Stabilization fund can be made at either an annual or special town or district meeting. Chapter94 of the Acts of 1985 permits appropriations to be made from a Stabilization fund at a special town or districtmeeting, not just at the annual meeting. Regardless of the timing, appropriations from the Stabilization Fund requirea two-thirds vote by the appropriating authority. Until the FY92 state budget, a community could only appropriatefrom the Stabilization Fund for a none-capital purpose with the approval of the Emergency finance Board.
Reserve fund:This fund is established by the voters at the Annual Town Meeting only and may be composed of (a) an appropriation(not exceeding 5% of the tax levy of the preceding year), (b) money transferred from Overlay Reserve, or (c) both.Transfers from the Reserve fund may be made only by the Advisory Committee and are for “extraordinary orunforeseen expenditures” only.
Conservation Fu,td:For land purchases and any other conservation use.
Special Town Meeting 3 November 1, 2021
Introduction to the Rules of Town Meeting
Southborough’s Town Meeting is an open town meeting in which all registered voters may participate. TownMeeting is a deliberative assembly, conducted via a defined process, charged with considering a maximum number ofquestions of varying complexity in a minimum amount of time and with full regard to the rights of the majority,strong minority, individuals, absentees and all of these together. In other words, we gather for the purpose ofconducting the Town’s business thoughtfully and efficiently.
AUTHORITY
The three elements of authority at Town Meeting are a quorum of one hundred (100) registered voters or more, theClerk and the Moderator. Of these three, the quorum is the most important.
The Town Clerk is responsible for voter registration, certification of a quorum, setting up the hall and keeping therecord of the proceedings. He may also officiate Town Meeting in the absence of a Moderator.
The Moderator presides at and regulates the proceedings, decides all questions of order, and makes declarations of allvotes. No one may speak on an issue without being recognized by the Moderator. It is the Moderator’s responsibilityto approve the distribution of materials, and persons wishing to do so must seek his permission. The Moderatorappoints Tellers and alternates for the purpose of counting votes of the meeting.
THE WARRANT
All matters to be considered at Town Meeting must be published in the Town Meeting Warrant, which is theresponsibility of the Board of Selectmen. The primary and most important purpose of the Warrant is to notify votersin advance the nature of the business to be taken up at Town Meeting. By state law, Town by-law or custom, severalbusiness articles (such as budget appropriations) must be presented in the Town Warrant each year for consideration.Other items are added by warrant articles proposed by Town officials, committees, boards, or groups of ten or moreregistered voters. The Advisory Committee reviews the Warrant, making recommendations on all the items ofbusiness to be presented. in accordance with the Town by-laws, all articles in the Warrant are considered in the orderin which they appear in the Warrant, unless the Town Meeting votes to change the order for reasons that reasonablepeople would entertain.
PARTICIPATION
Any voter wishing to participate in Town Meeting must go to one of the floor microphones and wait to be recognizedby the Moderator. Upon recognition by the Moderator, first state your name and address, and then state yourbusiness.
Anyone whose name is not on the list of registered voters requires the approval of either the Moderator or a majorityof the Meeting to sit in the voting area.
All remarks shall be limited to the subject then under discussion. It is improper to indulge in references topersonalities, and all expressions of approval or disapproval, such as applause or booing, are out of order. TheModerator may request any person to keep silent. If after warning from the Moderator, a person refuses to be silentor persists in other disorderly behavior, the Moderator may order a person to withdraw and if he fails to withdraw,may order a police officer to remove such person from Town Meeting.
Individuals who have a personal or financial interest with respect to a matter may speak or vote thereon but shouldfrankly disclose their interest. However, no Town Meeting voter should accept compensation for participatingwithout disclosing that fact.
There is no fixed time limit to the debate of any question. However, out of consideration for the others in attendanceand the need to give adequate time to all matters coming before Town Meeting. each individual who speaks shouldmake an effort to be as brief as possible and avoid repeating facts, views or opinions already expressed by others.
Introduction to the Rules of Town Meeting (continued
Special Town Meeting 4 November 1,2021
Anyone wishing to make a presentation with respect to any article must, prior to Town Meeting, obtain theModerator’s approval.
In order to give all a fair opportunity to speak, no one who has addressed any particular motion shall speak again,except to answer questions. until all others wishing to speak to the motion have done so.
HOW ARE MOTIONS CLASSIFIED?
Main MotionsMotions of this group are for the bringing of questions, or propositions, before Town Meeting for consideration.Only one main motion can be considered at a given time, and once introduced such a motion excludes all other mainmotions until it has been disposed.
Subsidiary MotionsMotions of this group have are for the modification or disposition of the main motion that is being considered. Theirexistence as motions depends entirely upon the principal motion to which they are subordinate. Since they relate tothe question then under consideration, it is in order to propose them when a main motion is pending and to vote uponthem before voting upon the main motion.
Privileged MotionsMotions of this group have no connection whatsoever with any main motion, but are motions of such importance thatthey are entitled to immediate consideration. These motions have the privilege of temporarily setting aside the mainbusiness then before Town Meeting.
Incidental MotionsMotions of this group have few characteristics in common, but for convenience have been grouped into one class.The name “incidental” applies because they arise only incidentally out of the business of Town Meeting.
RULES RELATIVE TO MOTIONS
A motion is the means of bringing a proposal or question for consideration by Town Meeting. When first put forwardit is a motion; after it is seconded and acknowledged by the Moderator, it becomes the question or proposal. Exceptfor complimentary resolutions (the presentation of which must be approved in advance by the Moderator), no mainmotion shall be entertained unless it’s substance is contained within the scope of a Warrant article. Upon completionof debate, articles will be voted upon.
The Moderator shall determine whether a motion, or any discussion relative to a motion, is within the scope of theWarrant article under consideration. That is, the motion and the debate must be relevant to the article as written inthe Warrant, since the purpose of the Warrant is to apprise voters of the actions to be taken at Town Meeting.
Articles only give notice to the voters and do not initiate action; motions do. Motions may be withdrawn; articlesmay not be withdrawn — articles must be acted upon by Town Meeting.
There are four types of amendments: striking out, inserting, striking out and inserting, and substitution. Motions toamend may be hostile as long as they are germane. An amendment to a motion is an amendment of the first rank; anamendment to an amendment is of the second rank; there can be no amendment beyond that of the second rank.
Some motions do not lead to a final determination by Town Meeting. A motion to commit or to refer sends thematter to an existing board or committee or one to be established. The motion to postpone indefinitely disposes ofthe question without bringing it to a direct vote. The motion to postpone indefinitely should not be confused with themotion to table which only temporarily delays a vote. As previously stated, articles may not be withdrawn; so whenthe Meeting does not wish to act on a particular article, the proper motion is to postpone consideration indefinitely.
Special Town Meeting 5 November 1,2021
Introduction to the Rules of Town Meeting (continued)
Motions to reconsider shall be entertained when new information is available that is materially different than waspresented (or could have been presented) at the time of the original vote on the article. Articles may be reconsideredonly once. If a motion to reconsider is passed by the necessary 2/3 vote, it brings the original article back to the floor(which requires a new motion and additional debate); if the motion to reconsider is defeated, then the original articlestands as previously voted and may not be reconsidered again. Actions to reconsider can be taken at the same sessionor any subsequent session of Town Meeting. A notice of reconsideration may be filed in advance with the TownClerk stating that, at a specific point during the current Town Meeting, a voter will move for reconsideration on aparticular article, and the Moderator will inform the hail of said action. Note that such a motion so noticed inadvance must still be in order (i.e., must comply with all conditions required of any reconsideration motion).
All motions other than purely procedural motions must be in writing and signed by the sponsor.
CHART OF PRECEDENCE OF MOTIONS AND SUMMARY OF GOVERNING RULES
May Req.interrupt aa speaker sec. Debatable
PRIVILEGED MOTIONS1. To dissolve2. To adjourn3. Point of no quorum4. Recess5. Question of privilege
SUBSIDIARY MOTIONS6. To lay on the table no7. Previous question no8. Limit or extend debate no9. To postpone to time certain no10. To commit or refer no11. To amend no12. To postpone indefinitely no
MAIN MOTIONSMain Motions majority*To reconsider or rescind 2/3
To take from the tableTo advance an article
no yes nono yes limitedno no nono yes limitedyes no no
VoteRequired
majoritymajoritynonemajoritychair rules
2/32/32/3majoritymajoritymajoritymajority
yes noyes noyes noyes limitedyes limitedyes yesyes yes
Motions thatrnpy
noneamendnoneamendnone
nonenoneamend, reconsideramend, reconsideramend, reconsideramend, reconsiderreconsider
alltable previous questionpostpone definitelynoneamend, reconsider
nonenonenonereconsidernonenone
no yes yesno yes yes
no yesno yes
noyes
nononononono
majoritymajority
chair rulesmajoritymajoritymajority2/3none
INCIDENTAL MOTIONSPoint of order yes noDivision of a question no yesSeparate consideration no yesTo withdraw a motion no noTo suspend rules no yesOrders of the day yes no
*The vote required to pass an affirmative main motion is a matter of substantive law, but is usually a majority.
Special Town Meeting 6 November 1,2021
Introduction to the Rules of Town Meeting (continued)
FORM USED IN MAKING MOTIONS
1. Main Motion2. Adjourn3. Amend
4. Amend an Amendment5. Amend Something Previously
Adopted6. Commit or Refer8. Division of a Question9. Lay on the Table
10. Point of Order11. Postpone to a time certain12. Postpone Indefinitely13. Previous Question14. Question of Privilege15. Recess16. Reconsider
17. Separate Consideration1$. Suspend the Rules19. Take from the Table
Mr. Moderator, I move that...(statement of the proposal)Mr. Moderator, I move to adjourn to...(state time)Mr. Moderator, I move to amend by adding...Mr. Moderator, I move to amend by inserting...before...Mr. Moderator, I move to amend by stroking out...Mr. Moderator, I move to amend by striking out.. .and inserting...Mr. Moderator, I move to substitute.. .for...Mr. Moderator, I move to amend the pending amendment by (see above)
Mr. Moderator, I move to amend the resolution under Article.. .by...Mr. Moderator, I move that the proposal be referred to a committee of...Mr. Moderator, I move to divide the question.Mr. Moderator, I move that the proposal be laid on the table.Mr. Moderator, I rise to a point of order.Mr. Moderator, I move to postpone the question to...Mr. Moderator, I move that the question be postponed indefinitely.Mr. Moderator, I move the previous question.Mr. Moderator, I rise to a question of privilege.Mr. Moderator, I move to recess for...Mr. Moderator, I move to reconsider the vote under Article...Mr. Moderator, I move to reconsider the vote on the amendment to...Mr. Moderator, I move for separate consideration.Mr. Moderator, I move to suspend the rules which interfere with...Mr. Moderator, I move to take from the table the motion relating to...
INTERRUPTING A SPEAKER
No one may interrupt a speaker except for a point of order or a question of privilege.
POINT OF ORDER
A point of order if a question of the Moderator about whether the speaker is entitled to be speaking, or whether thecurrent subject under discussion (or what the speaker is saying) is irrelevant, illegal or contrary to proper procedure.No other “point of order” is proper.
PREVIOUS QUESTION
To call or move the question is a request to stop discussion and to take an immediate vote. This requires a 2/3 vote.
VOTING
Voting is by hand vote and the Moderator declares the result of such votes. If seven or more voters immediatelyquestion the declared result, the Moderator shall determine the result by a standing count of votes by the Tellers.After the vote counted by the Tellers is presented to the Moderator and announced to the floor, any further motionsfor recount are out of order.
ADJOURNMENT AND DISSOLUTION
Sessions of Town Meeting normally adjourn at eleven o’clock in the evening but may adjourn at such earlier or latertime as vote of the majority may determine. Town Meeting shall not dissolve until all articles in the warrant havebeen properly considered.
Special Town Meeting 7 November 1, 2021
TOWN WARRANTCOMMONWEALTH Of MASSACHUSETTS
ANNUAL TOWN MEETING
Worcester, ss. October 5, 2021
In the name of the Commonwealth of Massachusetts you are hereby directed to noti’ and warn the Inhabitants of theTown of Southborough qualified to vote in town affairs, to meet in the P. Brent Trottier Middle School. 49Parkerville Road, in said Southborough, on
Monday, November 1, 2021
at 7:00p.m., then and there to take action on the following Articles:
ARTICLE 1: To see if the Town will vote to accept the Personnel Salary Administration Plan, as specified inChapter 31 of the Code of the Town of Southborough, entitled: PERSONNEL.
PERSONNEL BYLAWENTITLED “THE SALARY ADMINISTRATION PLAN”
[revised at November 1, 2021 Fall Town Meeting]
This bylaw establishes a Salary Administration Plan for the Town of Southborough that (i) groupsposition classifications in Town services, (ii) establishes salary schedules and employee benefits and (iii)establishes and authorizes the Personnel Board to administer the bylaw and to represent the interest of both thetaxpayers and the Town employees.
This Salary Administration Plan applies to the positions of all officers and employees in the service of theTown, whether full-time, part-time, temporary, seasonal, special or any other, except those positions filled bypopular election, under the direction and control of the School Committee, performed pursuant to a contractapproved by the Town or encompassed in any officially recognized labor union and/or association. The positionscovered by this Salary Administration Plan are hereby classified by titles in the groups listed in Schedule A throughG (“Classification Schedule”) as set forth in Section 20 of this bylaw.
The classification of positions subject to the Massachusetts Welfare Compensation Plan (as amended) andthe scheduled rates therefor, as well as the applicable provisions of the Massachusetts General Laws relating to theapplication of rates set forth in the aforementioned Welfare Compensation Plan are hereby incorporated byreference.
***
SECTION 20. CLASSIFICATION SCHEDULE
SCHEDULE A: FULL-TIME SALARY GRADED POSITIONS
DEPARTMENT HEADS & MANAGEMENT STAFF
Superintendent of Public Works*
Finance Director/Treasurer_Collector*
POSITION TITLE PAY GRADE
Assistant Town Administrator 8Director of FacilitiesLibrary Director
Building Commissioner
9
Special Town Meeting $ November 1,2021
IT ManagerPolice Lieutenant
Town Accountant*
Director, Council on Aging
Principal Assessor*
Conservation Agent 7
Director of Recreation
Town PlannerSenior IT Specialist
Assistant Town Clerk
Outreach CoordinatorAssistant Library Director
Program Manager, COA
Bttsiness Administrator II
Children’s Librarian
Staff Engineer
Program Coordinator
Deputy Assessor
Business Administrator I
Maintenance Technician
Assistant Town Accountant
Administrative Assistant
Senior Library Assistant
Library Assistant
Maintenance Mechanic
*wllen not under contract
Director, Youth & family Services
SUPERVISORS & TECHNICAL STAFF
Assistant Director, Youth & family Services
Police Business Administrator
6
Executive Assistant to the Board of Selectmen
5
Maintenance Custodian
Assistant Treasurer/Collector
4
ADMINISTRATIVE & SUPPORT STAFF
3
7
Special To NIecting 9 November 1,2021
Rates for Full-Time Positions
Grade Minimum Midpoint Maximum
Annual Hourly Annual Hourly Annual Hourly1 $39,236 $18.86 $45,149 $21.71 $51,063 $24.55
2 $42,178 $20.28 $48,505 $23.32 $54,832 S26.36
3 $45,341 $21.80 $52,143 $25.07 $58,945 $28.34
4 $50,446 $24.25 $59,274 $28.50 $68,103 $32.74
5 $54,230 $26.07 $63,719 $30.63 $73,209 $35.20
6 $58,297 $28.03 $68,498 $32.93 $78,700 $37.84
7 $70,063 $33.68 $84,077 $40.42 $98,089 $47.16
8 $82,325 $39.58 $98,790 $47.50 $115,255 $55.41
9 $96,731 $46.51 $116,077 $55.81 $135,424 $65.11
or do or act anything in relation thereto.
Proposed by: PERSONNEL BOARDBoard of Selectmen Recommendation:Advisory Committee Recommendation:Summary: The Personnel By-Law governs policies and pay structures for non-union employees. The position“Senior IT Specialist” is being added to Grade 7 of the ClassfIcation Schedtile, which wilt support the fundingrequest that was approved by Town Meeting in May 2021.
.4RTICLE 2: To see if the Town will vote to amend the Town’s General and Zoning Bylaws by changing the term“Board of SeLectmen” to “Select Board” in all mentions of the same throughout the entirety of the General andZoning Bylaws, or do or act anything in relation thereto.
Proposed by: BOARD OF SELECTMENBoard of Selectmen Recommendation:Advisory Committee Recommendation:Summary: The name change is to promote inclusion and diversity in Southborough ‘s town government. The boardwilt remain under the current confines of the Board ofSelectmen authority. Over 100 towns in the Commonwealthhave already adopted the name change.
ARTICLE 3: To see if the Town will vote to amend Article 7 of the May 22nd, 2022 Annual Town Meeting asfollows:
Budget 542 - Board of Health FY22 Original Vote Proposed Amended changeAmount
51000-51990 Personal Services 132,068 201,291 69,22352000-5 8990 Other Charges & Expenses 70,624 70,624 -
TOTAL 202,692 271,915 69,223
Budget 910 - Employee Benefits FY22910-51720 Health Insurance 5,283,905 5,303,302 29,397910-51780 Dental Insurance 248,964 250,026 1,062
And to increase the Total raise and appropriate FY22 budget by $99,682;
SpeciaL Town Meeting 10 November 1,2021
And further to amend Article 8 of the May 22, 2022 Annual Town Meeting as follows:
Water Enterprise fund 6161 Original Vote Proposed Amended ChanceAmount
400450-56940 Mass Water Resources- Water 1,420,000 1,270,000 -150,000
or act or do anything in relation thereto.
Proposed by: BOARD Of HEALTH and BOARD Of SELECTMENBoard of Selectmen Recommendation:Advisory Committee Recommendation:Summary: The BOH is requesting an increase for the Public Health Director and Public Health Nurse salaiy andbenefits line items. This was not brought forward at annual town meeting to allowfor the town to take advantage ofFEMA and (‘ARESfunding. The incremental is to cover the remainder ofFY22 that is not budgetedJar. In addition,the Board of Selectmen is looking to reduce the line item for the MWRA water assessment in the Water Enterprisefttnd. It has been determined that the amount voted in Ma can be reduced as the MWRA ‘water assessmentfigures
have been refined.
ARTICLE 4: To see if the Town will vote to raise and appropriate, or transfer from available funds a sum of moneyfor General Government capital items for the following purposes:
Description Request Levy Other FundsA. Engineering/Capital feasibility Studies $ 30,000 $ 30,000B. IT: Server replacements $ 85,000 $ 85,000
or act or do anything in relation thereto.
Proposed by: BOARD Of SELECTMENBoard of Selectmen Recommendation:Advisory Committee Recommendation:Summary:A. This item will allow the Capital Planning Committee along with numerous other town Boards, Committees, andDepartment Heads to continue exploration and any other preliminamy design in developing a comprehensive capitalplan related to the building needs of all town departments currently located in the Town House, (‘ordaville Hall,Sottth Union School, DPW Facility, Libran’ and School Administration space. Any proposed funds to he spent withthis article will only be allowed after a pi’esentation to and authorization by the Board ofSelectmen.3. This item will replace our 3 physical servem’s and upgrade our licensing. The current set up of servers havereached their end-of-life support. Also, the current configuration is insufficient for the number of virtual servers(VM’s) that are curm’entlv set up. Memo,y on all of the host servers is approaching maximnum utilization and storagehas also reached its capacitv We currently have 14 VMs that reside on 3 host (plo’sical) servers, 9 of which arecritical for all town services including public safety. Servers that are on-premise currenth’ need to remain that wato support the public safety complex and internal domain resources. Domain resources include print server, domaincontroller andfile server.
ARTICLE 5: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of$25,000 for the purpose of funding a comprehensive traffic study for the Town of Southborough that will determinethe most optimal routes for heavy coimnercial vehicles travelling through Town, or act or do anything in relationthereto.
Proposed by: BOARD OF SELECTMENBoard of Selectmen Recommendation:Advisory Committee Recommendation:Summary: The Board ofSelectnzen has received mequests for trttck exclusions on various roads. Due torequirements from Mass DOT, alternative routes must be determined in order to put new exclusions in place. Thisstudy will be used to determine the best routes for trucks to travel through Southborough.
Special Town Meeting 11 November 1,2021
ARTICLE 6: To see if the Town will vote to amend the provisions of the Southborough Code, Section 9.8 and 9.12thereof, as follows:
§ 9-8 Establishment; membership; residence requirements. [Amended 4-12-1999 STM by Art. 1; 10-21-2002STM by Art. 7; 4-15-2008 ATM by Art. 34]There shall be an Advisory Committee, which shall consist of ni-ne seven voters of the Town. No member shall beappointed who is a Town officer, employee or member of another Town committee, appointed or elected; provided,however, that an Advisory Committee member may belong to one ad hoc committee that is appointed by an electedboard or official, or one other committee appointed by the Moderator under the following restrictions:
A. The Advisory member’s participation is approved by majority’ vote of the Advisory Committee excluding themember desiring to participate in the above committees.
B. The Advisory member may not vote or be counted for purposes of a quorum during Advisory meetings whenmatters subject to the jurisdiction of the above other committees are presented to the Advisory Committee.
§ 9-12. Appointment of Chairman and Secretary.Said Committee shall choose from its membership a Chairman. a Vice-Chairman and a Secretary.
or act or do anything in relation thereto.
Proposed by: ADVISORY COMMITTEEBoard of Selectmen Recommendation:Advisory Committee Recommendation:Summary: The proposed article make,c the following change,c to the current Ath’ison’ by-law:
§ 9-8 - Proposed article (1) reduces the number ofmembers on the Advisoni committee from nine to seven.9-12 —Proposed article adds the office of Vice-Chainnan.
ARTICLE 7: To see if the Town will vote to amend the provisions of the Southborough Code, Chapter 41-2 entitledNotice of Town Meetings by appending the following language to the section:
“and fourteen days, at least, before the time appointed for a Special Town Meeting.”
or act or do anything in relation thereto.
Proposed by: TOWN CLERKBoard of Selectmen Recommendation:Advisory Committee Recommendation:Summary: This language clarfies the existing bylaw so it complies with G.L. Ch 39, $ JO.
ARTICLE 8: To see if the Town will vote to amend the provisions of the Southborough Code, by creating a newsection §41-2.1 entitled Location of Town Meeting by adding the following:
41-2.1 Location of Town MeetingDue to reasons such as a lack of physical capacity in a suitable auditorium or other facility in Southborough, or anemergency, the Board of Selectmen may specify in a warrant for an annual or speciaL town meeting that the meetingis to be held or in any town contiguous to Southborough. Town meeting may also vote to adjourn to such a facility ifit deems appropriate.
,or act or do anything in relation thereto.
Proposed by: TOWN CLERKBoard of Selectmen Recommendation:Advisory Committee Recommendation:Summary: This article would give the Board ofSelectmen the option to direct that a town meeting be held in any ofthe towns contiguous to Southborough. for example, a town meeting could be held at Algonquin Regional High
Special Town Meeting 12 November 1,2021
School f the town were unable to hold the meeting in Southborough due to a lack of physical capacity or anemergency.
ARTICLE 9: To see if the Town will vote to amend the provisions of the Southborough Code, by renaming ArticleIII to “Annual Report”, by deleting section 41-26 in its entity, and creating a new section 41-26.1 entitled“Availability of Annual Report”, as follows:
c$ 4 1-26.1 Availability of Annual ReportNo later than seven days before an annual town meeting, the Selectmen shall make copies of the Annual TownReport available to the public by placing it on the town website and at the Southborough Town House.
or act or do anything in relation thereto.
Proposed by: TOWN CLERKBoard of Selectmen Recommendation:Advisory Committee Recommendation:Summary: This article would correct the conflicting language in Soutithorough Town Code sections 41-2 and 4]-26.
ARTICLE 10: To see if the Town will vote to amend the Town Zoning Bylaw as follows:
Part 1. Amend Article I, Miscellaneous Provisions, § 174-2 Definitions, by adding the following new terms anddefinitions in appropriate alphabetical order.
BED AND BREAKFAST
Bed and breakfast is an establishment on owner-occupied property offering transient lodgingaccommodations to the general public, with not more than four guest rooms and food service limited tobreakfast for guests.
CO-WORK CENTER
A building or portion thereof used for flexible work spaces offering short-term, monthly, or longerlease periods for self-employed people or people working for different employers, and typicallyproviding shared furnishings, equipment, and business support services.
ESTABLISHMENT
An institutional, business, commercial, or industrial activity that occupies all or a portion of a building;a place of business.
FACADE
The external faces of a building.
FRONTAGE OCCUPANCY
The percent of a lot’s streef frontage that is occupied by a building between the minimumand maximum front setback range.
LANDSCAPED GREEN SPACE
Land that is covered with grass, trees, shrubs, or other vegetation and may include a pervious walkway thatmeets accessibility standards.
MICROBREWIRYA microbreweiy is a licensed establishment that produces and distributes beer, ale, or other maltbeverages, and which may include accessory uses such as tours of the rnicrobreweiy, retail sales, and a
Special Town Meeting 13 November 1,2021
taproom for on-site consumption. In addition to selling beer at retail on the premises, a microbreweiymay act as wholesaler for beer of its own production for off-site consumption if it has a valid pubbrewery license from the Commonwealth of Massachusetts.
MIXED-USE DEVELOPMENT
A development that includes any combination of permitted nonresidential uses and one or moredwelling units within a single structure; provided, however, that the inclusion of two (2) or moredwelling units in a mixed-use development shall not be deemed a multifamily dwelling. Theground floor facing the street shall be used oniy for permitted nonresidential uses, and residentialdwellings cannot exceed 40% of the gross floor area of the above ground level floor space of thebuilding (no residential dwellings in the basement level).
Part 2. Amend Article II, Establishment of Districts, § 174-3 Districts enumerated, by adding the following newdistrict:
M. Downtown District, referred to as DD
Part 3. Amend Article III, Use Regulations, § l74-$.C.(2) as follows (amendment shown in italics)
Not more than one principal permitted use shall be located on any lot, provided that a multipleoccupancy building used for the same category of use, such as retail sales and services, lightmanufacturing or offices in a business district or Industrial Park District, or a mixed-use development inthe Downtown District, shall be deemed to be in a single principal permitted use.
Part 4. Amend Article III, Use Regulations, § 174-8, Schedule of Use Regulations, by adding the following newsection:
§ 174-8.12 Downtown District
A. Permitted uses are as follows:
(1) All uses permitted in the residential districts (RA and RB).
(2) Mixed-use development, provided that each nonresidential use in the development is a permitteduse under this Section 174-8.12(A) or Section 174-8.12(B) and provided that the number ofdwelling units does not exceed three (3).
(3) Professional or business office, or bank, but not including a medical or dental office.
(4) Custom manufacturing of custom goods sold primarily on the premises, such as awoodworking shop, shop for artisan or craftsperson, or bakery.
(5) Bed and breakfast.
(6) Child care center.
(7) Co-work center.
B. Permitted uses, up to a maximum of 3,000 square feet per establishment.
(1) Retail sales and services.
(2) Ice cream shop, sandwich shop, candy shop, other specialty food service establishmentserving walk-in customers (drive-through service is prohibited).
Special Town Meeting 14 November 1, 2021
(3) Restaurant, with indoor seating and outdoor seating on an adjacent patio (drive- throughservice is prohibited).
(4) Personal services such as barber shop, beauty salon, tailor, or shoe repair.
C. Permitted uses by special permit from the Planning Board are as follows:
(1) Any use listed in Subsection B exceeding 3,000 sq. ft. per establishment.
(2) Mixed-use development that includes a nonresidential use that is a permitted use under Section174-8.12(A) or Section 174-8.12(B) but with four (4) or more dwelling units.
(3) Mixed-use development that includes a nonresidential use requiring a special pemit under thisSection 174-8.12.
(4) Microbrewery.
(5) Veterinarian, animal hospital, or animal clinic.
(6) Medical or dental office.
(7) Multifamily dwelling, up to twelve units, not to exceed ten (10) units.
(8) Private garage or parking for more than three cars or more than one truck or other commercialvehicle.
(9) Indoor recreation, athletic or exercise facility.
D. Uses by special permit from the Zoning Board of Appeals are as follows:
(1) Accessory apartment.
(2) Conversion of a one-family house in existence for two years or longer to a two-family dwelling, on alot with a minimum of 15,000 square feet.
(3) A mobile home or travel trailer used as a dwelling or business quarters for more than 30 days in ayear.
E. Prohibited uses. All uses which are not listed above, legally nonconforming or otherwise allowable bythe provisions of the zoning regulations are prohibited.
F. Development standards are as follows:
(1) Minimum lot area: 5,000 square feet.
(2) Minimum frontage: 60 feet.
(3) Minimum setbacks:
(a) front: 10 feet.
(b) Rear: 35 feet.
(c) Side: 10 feet; 25 feet if adjacent to a residential district.
Special Town Meeting 15 November 1,2021
(d) Other street: 10 feet
(4) Maximum front setback: 20 feet unless waived by the Planning Board.
(5) Maximum Floor Area Ratio: 0.30 as of right, or a maximum of 0.50 by special permit from thePlanning Board.
(6) Minimum landscaped green space: 20 percent. At least 50 percent of the landscaped green spaceshall be contiguous and located between the front building line and front lot line unless the PlanningBoard approves a different placement of the landscaped green space as pan of Site Plan Review.
(7) Minimum Façade Buildout (% Lot Width) unless waived by the Planning Board.
(a) With less than 50 feet of frontage: N/A
(b) 50-80 feet of frontage: 60%
(c) Over 80-100 feet of frontage: 70%
(d) Over 100 feet of frontage: 75%
(8) Height regulations:
(a) Maximum building height: 35 feet and three stories,
(9) Residential dwellings. Single-family or two-family dwellings in the Downtown District shallcomply with RB District standards.
G. Building Regulations
(1) The principal entrance(s) to the building shall be on the front façade, which shall face the street.
(2) The maximum distance between street-level entrances in a single building shall be 35 feet unlesswaived by the Planning Board.
(3) The maximum depth of street-level commercial spaces shall be the lesser of 30 feet or 60 percentof the depth of the building unless waived by the Planning Board.
(4) The maximum front setback in Section f(4) may be increased for purposes of amenities such aslandscaping, a plaza, square, courtyard, recessed entrance, sidewalk, multi- use path, raisedterrace, façade offsets, or outdoor dining, but not for vehicle use.
(5) Affordable housing. In any multifamily or mixed-use building with four or more units, atleast 12.5 percent of the units shall be affordable housing that is eligible for the Chapter 40BSubsidized Housing Inventory (SH1) in accordance with the Chapter 40B regulations andGuidelines of the Massachusetts Department of Housing and Community Development(DHCD).
H. The operation of any marijuana establishment as defined in MGL c. 94C, § 1, including withoutlimitation a marijuana cultivator, marijuana testing facility, marijuana product manufacturer,marijuana retailer or any other type of licensed marijuana facility is prohibited in all zoning districts ofthe Town. This prohibition shall not apply to the sate. distribution or cultivation of marijuana formedical purposes. licensed under Chapter 369 of the Acts of 2012 and currently permitted in the Townof Southborough.
Special Town Meeting 16 November 1, 2021
Part 5. Amend Article III, Use Regulations, by adding the following new section, § 174-10.2 DowntownDistrict plan approval.
In the Downtown District, major site plan approval shall be by special permit from the Planning Board for anyuse requiring a special permit. In such cases, the procedural requirements and decision criteria of § 174-9, §174-10, and 174-10.1(A) through (C) shall apply. The Planning Board may adopt design guidelines and applythem to major site plan approval applications regardless of whether a special permit is required. The PlanningBoard is authorized to promulgate design guidelines to carry forth the purpose and intent of these Bylawprovisions.
Part 6. Amend Article III, Use Regulations, § 174-12 Parking and loading regulations, by inserting thenew Section F below and relabeling the existing Section F. Egress to Section G.
F. Exceptions in the Downtown District. Off-street parking requirements for development in theDowntown District shall comply with Section E above except for the off-street parking requirements forthe following uses:
(1) Dwellings: two spaces for each dwelling unit, plus one space for each 80 square feet of floor areadevoted to a customary home occupation or a professional use.
(2) Bed and breakfast: one space for each guest room plus two spaces for the owners of thepremises.
(3) Restaurants and other places serving food or beverages: one space for each four seats.
(4) Mixed-use development: one space per dwelling unit and one space per 300 square feet ofnonresidential floor area.
(5) Professional or business office: one space per 300 square feet for ground floor offices and one spaceper 350 square feet for offices above the first floor.
Part 7. Amend Article II, Establishment of District, § 174-4 Zoning Map, by adding the new DowntownDistrict to the Southborough zoning map.
or do or act anything in relation thereto.
Proposed by: BOARD OF SELECTMENBoard of Selectmen Recommendation:Advisory Committee Recommendation:Summary: The purpose of this article is to revitalize Southborottgh ‘s historic downtown district, while promotingsmall scale mtted-use development, diversity in housing, and connectivity. This is achieved by updating permitteduses, allowing mix-use development which entail both commercial/retail and residential in one building, and byallowing by right development which allows for approval or issuance of a building permit with no additional permitsrequired. The last major change to our Downtown zoning was the creation ofthe Business Village District in 1993.
Special Town Meeting 17 November 1, 2021
And you are to give notice hereby by posting true and attested copies of the Warrant on the Town website, theSouthborough Town House, 17 Common Street, Southborough Senior Center, 9 Cordaville Road, SouthboroughLibrary, 25 Main Street, and Southborough Transfer Station, 147 Cordaville Road; seven (7) days at least before thetime appointed for such meeting.
Given under our hand this fifth (5th) day of October, 2021.
Lisa M. Braccio, Chair
Chelsea M. Malinowski, Vice-Chair
Martin F. Healey
Sam Stivers
Andrew R. Dennington
BOARD OF SELECTMEN OF THE TOWN OF SOUTHBOROUGH
Attest:
Kenneth M. Pauthus, Constable
Special Town Meeting 1$ November 1,2021
TowN OF SOUTHBOROUGH
Economic Development CommitteeTOWN HOUSE 17 COMMON STREET SOUTHBOROUGH, MASSACHUSET1S 01772
(508) 485-0710 x301 1
September 27, 2021
Board of Selectmen, Planning Board,
In an effort to make progress on what residents of Southborough desire in Southborough’sDowntown (see 2017 survey results here), as well as implement recommendations from the2008 Master Plan, the Economic Development Committee (EDC) identified hurdles to surpass,so that desirable economic investments in downtown Southborough could be achieved. TheDowntown Initiative was born and the project aimed to focus on the following areas:
• Zoning update to support and promote strategic mixed-use development• Encourage certain uses by allowing them by-right• Wastewater solutions• Investment opportunities• Beautification and connectivity• Funding options
The EDC is pleased that the Board of Selectmen agreed to sponsor the proposed DowntownDistrict zoning article and that it will be presented at a Special Fall Town Meeting on November
st 2021.
The EDC also thanks the Planning Board for conducting public hearings and listening tofeedback from our residents. We acknowledge other town boards, committees, anddepartments, whose input was invaluable in producing a draft of the Downtown District bylaw.
Intent of the Downtown District Bylaw
• Revitalize Southborough’s historic downtown district• Allow for mixed-use development (e.g., residential and commercial/retail in the same
building)• Update the permitted uses• Allow some desirable uses “by-right” (meaning; certain identified uses are “pre
approved” and don’t need an additional use-permit)
2021 Timeline
The Economic Development Committee, Board of Selectmen and Planning Board held multiplejoint meetings where the draft Downtown District zoning bylaw was discussed and issues wereresolved.
In April of 2021, the Planning Board reviewed version 8.1 of the Downtown District bylaw andindicated ten outstanding issues and concerns. In a following joint meeting with the Board ofSelectmen, Planning Board, and Legal Counsel (Adam Costa), all items were addressed andresolved. The result of this work produced version 9 of the draft Downtown District zoningbylaw.
The final version 9 Downtown District bylaw, existing zoning map and draft design guidelineswere approved and sent to the Planning Board as voted by the BOS and the EDC at their jointmeeting on June 22, 2021.
After several Public Hearings, the Planning Board held a special meeting on September 20, 2021to discuss the Downtown District bylaw, zoning map and draft design guidelines. The followingnew changes were made, among others:
1. A 40% restriction to residential use in mixed-use developments
2. Reduce the number of apartments allowed in mixed-use developments to 3 from 2
3. Reduce the number of dwelling units in multifamily dwelling to a maximum of 10 (from 12) byspecial permit
4. Reduce the maximum Floor Area Ratio by-right to 0.30 from 0.35
5. Reduce the maximum height to 35 feet from 40 feet
6. Remove minimum and maximum ground floor height restrictions
7. Exclude all split lot and CSX property from the Downtown District zoning map
The Board of Selectmen accepted all Planning Board-proposed changes to the bylaw as well asthe Planning Board-proposed zoning map edits at their meeting of September 21, 2021. TheBoard of Selectmen voted to publish the Downtown District Warrant Article, with the above-mentioned Planning Board recommendations, by October 5, 2021, in preparation of theNovember 1, 2021 Special Town Meeting.
Economic Development Committee Concerns
The Economic Development Committee is not in agreement with several of the recent changesmade to the proposed Downtown District bylaw for the following main reasons:
• The latest recommendations submitted by the Planning Board result in a morerestrictive Floor Area Ratio for the Downtown District than what is currently permitted inthe Business Village District.
• The latest proposal fails to follow the original intent of the revisions to the Bylaw, asoutlined in the 2008 Master Plan. The changes made are unlikely to encourageinvestments in downtown.
• Development Standards that were previously agreed upon through joint meetings andrecommended by the professional consultants, were changed without discussion.
The EDC is eager to support a revised bylaw for the Downtown District with BOS and PBsupport. However, the Committee is unable to accept changes that add further restrictions onpotential development, defeat the original intent, and make any future viable developmentunlikely or more restrictive.
The EDC is willing to discuss and compromise further but is of the opinion that a workable,sensible bylaw should be presented. The Committee urges the Board of Selectmen toreconsider the latest changes regarding the following items and present the best possible bylawfor Southborough at Town Meeting.
• The restriction of mixed-use to require that residential units not comprise mote than40% of a building, makes no sense and negates the original intent of adding by-rightmixed-use.
• The sharp reduction in the number of residential units permitted in a mixed-usedevelopment, from eight units to three units, is overly restrictive, undermines the intentof encouraging mixed-used development, and was proposed arbitrarily with almost nodiscussion or reasoning.
• The reduction of the Floor Area Ratio from 0.35 to 0.30 is (i) contrary to months ofagreed upon discussion, (ii) against the recommendation of the zoning and planningexperts hired by the Town, and (iii) significantly lower than the current Floor Area Ratiopermitted in the Downtown Business Village District, which is currently 0.50 forcommercial buildings (see Schedule of Dimensional Regulations).
Going back to the original purpose of the Downtown Initiative, zoning changes to theDowntown are:
fi) a vital part of a sustainable and healthy economic ecosystem for the Town,
(ii) a mandate of the 2008 Master Plan, as well as multiple subsequent studies and plans. Thesestudies represent tens of thousands of dollars in consulting- and expert costs to demonstratethe necessity of zoning updates to include by-right mixed-use and other by-right uses.
(iii) desired by a significant majority of the Town’s residents, as evidenced by multiple surveys.
The three particular changes referenced above, were proposed by the Planning Board at theeleventh-hour and adopted by the Board of Selectmen unanimously with almost no discussion.These added changes undermine the purpose of two years of consistent and diligent work tomake small-scale but actionable modifications to the zoning code for Downtown. All in an effortto encourage future investments in amenities, diversity in housing, and a more vibrantDowntown to serve as the heart of our Community. It is our grave concern that our efforts will
have been in vain if these changes are upheld. We sincerely hope you will reconsider and openthese items up for further discussion before the warrant is printed.
Sincerely,
Economic Development Committee:
R. Anderson, Chair
A. Belniak, Vice-Chair
i. Connelly
J. Wood
C. Robbins
M. Moorehead
M. Berger