BOARD OF SELECTMEN TOWN OF YARMOUTH
1146 ROUTE 28. SOUTH YARMOUTH. MASSACHUSETTS 02664-4492 TOWN Telephone (508) 398-2231 Ext. 1271. Fax (508) 398-2365 ADMINISTRATOR William G. Hinchey PUBLIC MEETING Per Massachusetts General Law.: All town and school boards, committees, comm issions, and authorities shall post a notice of every meeting at least 48 hours prior to such meeting , excluding Saturdays, Sundays, and legal holidays. Notice shall contain a listing of topics/agenda that the chair reasonably anticipates will be discussed at the meeting.
BOARD OF SELECTMEN REGULAR MEETING OCTOBER 22, 2013- 6:30PM TOWN HALL MEETING ROOM A & HEARING ROOM
Executive Session (Room A) 6:30PM Sanitation Workers Association- Collective Bargaining Strategy
Regular Meeting Agenda (Hearing Room) 7:00PM Public Announcements & Comments The open meeting law discourages public bodies from discussing topics not listed on the agenda. The public should therefore not expect the Board to respond to questions or statements made during the Public Comment portion of the meeting.
7:15PM Public Hearing 1. License Transfer- Seasonal On Premise Wine & Malt From Kraison, LLC d.b.a. Golden Boy Seafood Restaurant to IJG, Inc., John Giannetos mgr d.b.a. Cape Seafood Restaurant, 80 Route 28 W. Yarmouth.
7:30PM Workshop - FY15 Budget Planning
8:15PM Board of Selectmen
1 0 Board & Committee • Resignation - Old Kings Highway Committee [1 member] • Appointments - Historical Commission [2 members] 20 Approval of Minutes 30 Individual Items
8:35PM Town Administrator's Items
1 0 Consent Agenda 20 Updates
8:45PM Adjourn
All times are approximate and subject to change BOARD OF SELECTMEN TOWN OF YARMOUTH
1146 ROUTE 28. SOUTH YARNIOUTH. M.A..SSACHUSETTS 02664-4492 TOWN Telephone (508) 398-2231 Ext. 1271. Fax (508) 398-2365 ADMINISTRATOR William G. Hinchey CONSENT AGENDA BOARD OF SELECTMEN OCTOBER 22, 2013 APPROVED:
NSTAR Utility Petition to Install 20' of Underground Cable and Conduit
Recreational Shellfish Regulation Change
One Day Auctioneer License -William Fidalgo (Cultural Center of Cape Cod event on 11/16/13)
Fee Waiver 1 . Cape Cod Antiques Dealers Association • Simpkins Field Rental $360.00 $360.00
Donations 1 . Police Department • Estate of W ilhelmina I Gomes $833.92 833.92 2. Senior Services • Margaret Taylor $41 .00 • Jean Jackson $7.00 • Joe Guardino $190.00 • Cal & Rose Marine Cusick $10.00 • AA $40.00 $430.00
TOTAL $1,263.92 AGENDA PACKET BOARD OF SELECTMEN OCTOBER 22,2013 Public Hearing 1. License Transfer- Seasonal On Premise Wine & Malt ~ Application Packet
Workshop- FY15 Budget Planning ~ Memo from WGH to BOS, dated October 18, 2013. Re: FY15 Budget Planning Workshop ~ PowerPoint Presentation, dated October 22, 2013.
Board of Selectmen 1 . Board & Committee • Resignation -Old Kings Highway Committee [1 member] );> Email from Stan Kaczynski to Colleen Mclaughlin, dated October 12, 2013. Re: Resignation • Appointments- Historical Commission [2 members] );> Memo from Jim Quirk to BOS, dated October 18, 2013. Re: Historical Commission - Appointments
2. Approval of Minutes ~ May 7, 2013 Regular Meeting Minutes
Town Administrator's Items 1 . Consent Agenda ~ Memo from Barbara Benoit to BOS, dated October 4, 2013. Re: Utility Hearing - Petition to Install 20' of Underground Cable and Conduit ~ Memo from Conrad Caia to BOS, dated October 15, 2013. Re: Recreational Shellfish Regulation Change ~ Application for Auction Permit ~ Letter from Charlie Adams to BOS, dated October 7, 2013. Re: Fee Waiver Request ~ 2 Memos from Chief Frederickson to BOS, dated September 30 and October 8, 2013. Re: Donation Approval ~ Memo from Kathleen Bailey to WGH, dated October 9, 2013. Re: Gifts to the Division of Senior Services BOARD OF TOWN OF YARMOUTH SELECTMEN 1146 Route 28 South Yarmouth MASSACHUSETTS 02664-4492 Telephone (508) 398-2231, Ext. 1270, 1271 (508) 398-2365 TOWN ADMINISTRATOR William G. Hinchey
October 4, 2013
The Register Attn: Mary Joyce Waite
Would you please advertise the following as a Legal Ad in your newspaper on October 10, 2013.
TOWN OF YARMOUTH BOARD OF SELECTMEN ALCOHOL LICENSE HEARING
The Local Licensing Authority for the Town ofYarmouth has received an application from IJG, Inc. for a transfer of a Seasonal Wine & Malt license from Kraison, LLC dba Golden Boy Seafood Restaurant to IJG, Inc. dba Cape Seafood Restaurant, 80 Route 28, West Yarmouth, John Giannetos, manager.
The premise is a free standing building with a dining area, counter area, kitchen and storage room. Two (2) handicap accessible entrance/exits for customers. Back entrance for deliveries.
Hearing to be held on Tuesday, October 22,2013 at 7:15pm in the Hearing Room at Town Hall, 1146 Route 28, South Yarmouth. Written comments will be accepted in the Selectmen's office until 4:30pm on Friday, October 18, 2013. Verbal comments will be accepted at the public hearing.
Please bill the applicant for the ad: John Giannetos ,,,i;;Prm.tf'pi:m:,~;, .. ,) The Commonwealth ofMassachusetts Alcoholic Beverages Control Commission 239 Causeway Street RECEIVED Boston, MA 02114 www.mass.gov/abcc SEP 30 2013
LICENSES & PERMITS RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM
APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY.
ECRTCODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00
(CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL)
CHECK NUMBER r-1 _/_0_-:J-_6Z------.
IF USED EPAY, CONFIRMATION NUMBER
A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) 115"/i'00 I vv I
LICENSEE NAME luG, Inc.
ADDRESS lso Main Street
CITY/TOWN lwest Yarmouth STATE~ ZIP CODE 102673 1
TRANSACTION TYPE (Please check all relevant transactions):
D Alteration of Licensed Premises D Cordials/Liqueurs Permit D New Officer/Director 181 Transfer of License D Change Corporate Name D Issuance of Stock D New Stockholder D Transfer of Stock 0 Change of License Type D Management/Operating Agreement D Pledge of Stock D Wine & Malt to All Alcohol D Change of Location D More than (3) §15 D Pledge of License D 6-Day to 7-Day License 0 Change of Manager D New License D Seasonal to Annual
0 Other LI______J THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITIAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO:
ALCOHOLIC BEVERAGES CONTROL COMMISSION P. 0. BOX 3396 BOSTON, MA 02241-3396 Commonwealth ofMassachusetts Alcoholic Beverages Control Commission 239 Causeway Street, First Floor Boston, MA 02114
PETITION FOR TRANSFER OF OWNERSHIP
ABCC License Number City/Town
The licensee IKrasion, LLC and the proposed transferee ._lu_G_I_nc_. ______, respectfully petition the Licensing Authorities to approve the following transfer of ownership.
Is the PRESENT licensee a Corporation/LLC duly registered under the laws of the Commonwealth of Massachusetts?
[8] Yes ONo If YES, please list the officers, directors and stockholders, their residences, and shares owned by each.
Name Title Address Stock or o/o Owned
KONST ANTIA MESIALIDES Manager and Member
Is the PROPOSED transferee a Corporation/LLC, duly registered under the laws of the Commonwealth of Massachusetts?
[8] Yes ONo If YES, please list the officers, directors and stockholders, their residences, and shares owned by each.
TO: (Place an * before the name of each DIRECTOR/LLC Manager.)
Name Title Address Stock or % Owned
John L. Giannetos President 100%
John L. Giannetos Treasurer 100%
John L. Giannetos Clerk 100%
John L. Giannetos Director 100%
The above named proposed transferee hereby joins in this petition for transfer of said license.
SIGNATURE OF LAST-APPROVED LICENSEE:¥~~ W~esentative) Date Signed 107/10/2013 SIGNATURE OF PROPOSED TRANSFEREE: KJ= 0 L '-1, c:;; oc '1 "--\ e.#~ I APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE
City/Town lvarmouth 1. LICENSEE INFORMATION:
A. Legal Name/Entity of Applicant:(Corporation, LLC or Individual) l~...u_G_, _ln_c_.------'
B. Business Name (if different) : \cape Seafood Restaurant \ C. Manager of Record: ~...IJo_h_n_G_ia_n_ne_t_o_s ______J
D. ABCC License Number (for existing licenses only) : ._l-'/,_,5...... ,_...._}..... E.Address of Licensed Premisesj'-s_o_M_a_in_st_r_ee_t______,\ City/Town: \west Yarmouth \ State: ~ Zip: \~...0_26_7_3__ _, F. Business Phone: 1(508) 771-6932 G. Cell Phone:------' H. Email: I. Website: J.Mailing address (if different from E.): IState: D Zip: 2. TRANSACTION: 0 New License 0 New Officer/Director 0 Transfer of Stock D Issuance of Stock D Pledge of Stock !gj Transfer of License 0 New Stockholder D Management/Operating Agreement D Pledge of License The following transactions must be processed as new licenses: D Seasonal to Annual D (6) Day to (7)-Day License D Wine & Malt to All Alcohol IMPORTANT ATTACHMENTS {1): The applicant must attach a vote of the entity authorizing all requested transactions, including the appointment of a Manager of Record or principal representative. 3. TYPE OF LICENSE: !gj §12 Restaurant D §12 Hotel D §12Ciub D §12VeteransCiub D §12 General On-Premises D § 12 Tavern (No Sundays) D §15 Package St?re 4. LICENSE CATEGORY: (] All Alcoholic Beverages ~ Wine & Malt Beverages Only (1 Wine or Malt Only D Wine & Malt Beverages with Cordials/Liqueurs Permit 15. LICENSE CLASS: D Annual ~Seasonal 6. CONTACT PERSON CONCERNING THIS APPLICATION (ATTORNEY IF APPLICABLE) NAME: jJohn L. Giannetos ADDRESS: CITY/TOWN: ..- I STATE:iii] ZIP CODE: --·~~·~--_j~ CONTACT PHONE NUMBER: -=====,.....,------,1 FAX NUMBER: ._._ I EMAIL: ______JI "i7~DESCRIPTION OF PREMISES: ~ase provide a complete description of the premises to be licensed. Please note that this must be identical to the description on the Form 43. s;:f.e> Total Square Footage: '-13_,_18_0______, I Number of Entrances: !2 I Number of Exits: 13 I Occupancy Number: '-l_"fL.:K______I Seating Capacity: 195 I IMPORTANT ATIACHMENTS (2): The applicant must attach a floor plan with dimensions and square footage for each floor & room. 8. OCCUPANCY OF PREMISES: By what right does the applicant have possession and/or legal occupancy of the premises? IFinal Lease I IMPORTANT ATTACHMENTS (3): The applicant must submit a copy of the final lease or documents evidencing a legal right to occupy the premises. Other: I I Landlord is a(n): ILLC I Other: I .I Name: IKrasion I Phone: I I Address: .... I City/Town: .. I State: iiJ Zip: l 1 I Initial Lease Term: Beginning Date lo5/01/2013 I Ending Date 104/30/2015 I Renewal Term: I I Options/Extensions at: I I Years Each Rent: Rent: 1$48,000.00 I Per Year 1$4,000.00 I Per Month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes 0 No 0 IMPORTANT ATIACHMENTS( 4): 1. If yes, the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest with the Landlord must be disclosed in §10 and must submit a completed Personal Information Form attached to this application. 2. Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 3. If the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate, the applicant must still provide a lease between the two entities. 9. LICENSE STRUCTURE: The Applicant is a(n): Icorporation Other: If the applicant is a Corporation or LLC, complete the following: Date of Incorporation/Organization: 111/01/2002 State of Incorporation/Organization: LIM_A______---' Is the Corporation publicly traded? Yes 0 No IE] 10. INTERESTS IN THIS LICENSE: List all individuals involved in the entity (e.g. corporate stockholders, directors, officers and LLC members and managers) and any person or entity with a direct or indirect, beneficial or financial interest in this license (e.g. landlord with a percentage rent based on alcohol sales). IMPORTANT ATIACHMENTS (5): A. All individuals or entities listed below are required to complete a Personal Information Form. B. All shareholders, LLC members or other individuals with any ownership in this license must complete a COR I Release Form. Name All Titles and Positions I Specific # of Stock or % Owned Other Beneficial Interest I I John L. Giannetos President 100% John L. Giannetos Treasurer 100% John L. Giannetos Secretary 100% John L. Giannetos Director 100% *If additional space is needed, please use last page. 11. EXISTING INTEREST IN OTHER LICENSES: Does any individual listed i~O have any direct or indirect, beneficial or financial interest in any other license to sell alcoholic beverages? Yes D No If yes, list said interest below: • Name I License Type I Licensee Name & Address IPlease Select I IPlease Select I !Please Select I IPlease Select l !Please Select l IPlease Select I IPlease Select I *if additional space is needed, please use last page. 12. PREVIOUSLY HELD INTERESTS IN OTHER LICENSES: Has any individual listed in §10 who has a direct or indirect beneficial interest in this license ever he[U'direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages, which is not presently held? Yes D No If yes, list said interest below: Reason Name Licensee Name & Address Date Terminated IPlease Select I IPiea~e Select I !Please Select l 13. DISCLOSURE OF LICENSE DISIPLINARY ACTION: Have any of the disclosed licenses to sell alcoholic beverages listed in §11 and/or §12 ever been suspended, revoked or cancelled? Yes D No jgllfyes, list said interest below: Date License Reason of Suspension, Revocation or Cancellation 14. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A (§15} PACKAGE STORE LICENSE ONLY: A.) For lndividual{s): 1. Are you a U.S. Citizen? Yes· 'NoD 2. Are you a Massachusetts Residents? Yes rg!No D B.) For Corporation{s) and LLC{s) : 1. Are all Directors/LLC Managers U.S. Citizens? Yes ~oD 2. Are a majority of Directors/LLC Managers Massachusetts Residents? Yes NoD 3. Is the License Manager or Principal Representative a U.S. Citizen? C.) Shareholder{s), Member{s), Director{s) and Officer{s): Yes l:iNo D 1.. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty-one (21) years old? 15. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR (§12} RESTAURANT, HOTEL, CLUB, GENERAL ON PREMISE, TAVERN, VETERANS CLUB LICENSE ONLY: A.) For lndividual{s): 1. Are you a U.S. Citizen? Yes jgl NoD B.) For Corporation{s) and LLC{s): 1. Are a majority of Directors/LLC Managers NOT U.S. Citizen(s)? Yes D No jgl 2.1s the License Manager or Principal Representative a U.S. Citizen? Yes jgl NoD C.) Shareholder{s), Member{s), Director{s) and Officer{s): Yes jgl NoD 1.. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty-one (21) years old? 16. COSTS ASSOCIATED WITH LICENSE TRANSACTION: A. Purchase Price for Real Property: B. Purchase Price for Business Assets:!'-$_2_o_o_,o_o_o_.o_o______. C. Costs of Renovations/Construction: D. Initial Start-Up Costs: IMPORTANT ATTACHMENTS (6}: Submit any and all records, documents and affidavits including E. Purchase Price for Inventory: loan agreements that explain the source(s) of money for this transaction. Sources of cash must F. Other: (Specify) include a minimum of three (3) months of bank statements. G: TOTAL COST 1s2oo,ooo.oo H. TOTAL CASH 1$125,ooo.oo The amounts listed in subsections (H) and (I) I. TOTAL AMOUNT FINANCED 1 $75,ooo.oo must total the amount reflected in (G). 17. PROVIDE A DETAILED EXPLANATION OF THE FORM(S) AND SOURCE(S) OF FUNDING FOR THE COSTS IDENTIFIED ABOVE (INCLUDE LOANS, MORTGAGES, LINES OF CREDIT, NOTES, PERSONAL FUNDS, GIFTS): Privately financed by Krasion, LLC. See Mortgage and Note attached hereto. *If additional space is needed, please use last page. 18. LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH "TOTAL AMOUNT FINANCED" NOTED IN SUB-SECTIONS 16(1) WILL DERIVE: A Name Dollar Amount Type of Financing Krasion, LLC $75,000.00 Note and 1st Mortgage "'It additional space IS needed, please use last page. B. Does any individual or entity listed in §19 as a source of financing have a direct or indirect, beneficial or financial interest in ,this license or any other license(s) granted under Chapter 138? Yes (1 No fLY" If yes, please describe: 19. PLEDGE: (i.e. COLLATERAL FOR A LOAN) A.) Is the applicant seeking approval to pledge the license? DYes lgj No 1. If yes, to whom: 2. Amount of Loan:'------' 3. Interest Rate: l.______,j 4. Length of Note: !,______, 5. Terms of Loan : B.) If a corporation, is the applicant seeking approval to pledge any of the corporate stock? DYes lgj No 1. If yes, to whom: 2. Number of Shares: C. ) Is the applicant pledging the inventory? D Yes lgj No If yes, to whom: IMPORTANT ATTACHMENTS (7): If you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of the Corporation/LLC approving the pledge. 20. CONSTRUCTION OF PREMISES: Are the premises being remodeled, redecorated or constructed in any way?_lf YES, please provide a description of the work being performed on the premises: D Yes lgj No 121. ANTICIPATED OPENING DATE:I<------' IF ALL OF THE INFORMATION AND ATIACHMENTS ARE NOT COMPLETE THE APPLICATION WILL BE RETURNED The Commonwealth ofMassachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, .MA 02114 www.mass.gov/abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: B. Business Name (dba) !cape Seafood Restaurant A. Legal Name of Licensee luG, Inc. D. ABCC License Number I...... --- C. Address- (If existing licensee) ~------l State Zip Code 102633 E. City/Town c..:_::;__='------' ~ F. Phone Number of Premise-- G.EINoflicense ~ 2. PERSONAL INFORMATION: A. Individual Name ._IJ_oh_n_L._G_ia_n_n_e_to_s______, B.HomePhoneNumber ~~------~ C. Address ....______~ D. City/Town 11111111.______, State iiJ Zip Code.. c:. ______, E. Social Security Number --L-----=------' F. Date of Birth ------' G. Place of Employment 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? Yes D No~ If yes, as part of the application process, the individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charl!es occurred as well as the disoosition of the convictions. 4. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. 100% stockholder of IJG INC. IMPORTANT ATTACHMENTS (8): For all cash contnbut1ons, attach last {3) months of bank statements for the source(s) of th1s cash. *If additional space is needed, please use the last page I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: lo7 11 o12013 Signature g J 0 ~ '-\ G ~ Oc. \..-j. '-:'\ e._pf..ra f j Date Title IPfeSident/Cierk p./€- S \ .le""'\ f- I {If Corporation/LLC Representative) The Commonwealth ofMassachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abcc MANAGER APPLICATION All proposed managers are required to complete a Personal Information Form. and attach a copy of the corporate vote authorizing this action and appointing a manager. 1. LICENSEE INFORMATION: Legal Name of Licensee: luG Inc I Business Name {dba): Icape Seafood Restaurant I Address: ._ I City/Town: ~ I State: aJ Zip Code: I ABCC License Number: I I Phone Number of Premise: 1{508)- 771-6232 I {If existing licensee) 2. MANAGER INFORMATION: A. Name: !John L. Giannetos B. Cell Phone Number: C. List the number of hours per week you will spend on the licensed premises: 3. CITIZENSHIP INFORMATION: A. Are you a U.S. Citizen: Yes ~ No 0 B. Date of Naturalization: !.______, c. Court of Naturalization: I I ~------~ {Submit proof of citizenship and/or naturalization such as Voter's Certificate, Birth Certificate or Naturalization Papers) 4. BACKGROUND INFORMATION: A. Do you now, or have you ever, held any direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages? Yes D No 18] If yes, please describe: B. Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended, revoked or cancelled? Yes D No 18] If yes, please describe: C. Have you ever been the Manager of Record of a license that was issued by this Commission? Yes D No 18] If yes, please describe: D. Please list your employment for the past ten years (Dates, Position, Employer, Address and Telephone): FfZ-.o ~ ;). oo I ~ ~ o l 0 I o (.,..) eV\J. +~ lcfLfA-M .....;' ~ ,J~ sJ Ck_ .A--'Tri .A--M 1-o v Te.'-" y ~ VS". ~ -1- /'-1 ~A-(; f=--P- • Bus 1 ""'w +..£~ 16 s-3 ,..Yfl-t.J ~r · w. 0H A--17-f A-,y A1. oCZGG Q I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature lA Jo L, ~ G : 0<: y, Y.. e~ I Date Llo_7/_l_0/_20_1_3 ______J APPLICANT'S STATEMENT I,._IJo_h_n_L_.G_i_an_n_e_to_s ______, theOsole proprietor;D partner; [g) corporate principal; D LLC/LLP member of luG, Inc. I , hereby submit this application for jrransfer of License I (hereinafter the "Application"), to the local licensing authority (the "LLA") and the Alcoholic Beverages Control Commission (the "ABCC" and together with the LLA collectively the "Licensing Authorities") for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) I understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) I state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) I understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) I understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) I understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) I understand that all statements and representations made become conditions of the license; (7) I understand that any physical alterations to or changes to the size of, the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval ofthe Licensing Authorities; (8) I understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and (9) I understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Date: lo7 /10/2013 Title: !President/Clerk Prl e.. ~·. J e '"""- t . ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) ~ I 9/5/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~1~cT Thomas Murray Marketing Associates Insurance Agency, Inc. ~~~~o~vtl• (617)964-5340 I r.t~ Nol: (617) 965-1843 150 Wells Avenue ~~D~~ss: tmurray@ telamonins. com INSURER(S) AFFORDING COVERAGE NAIC#- Newton MA 02459 INSURER A AmGUARD Insurance Company 42390 INSURED INSURER B :NorGUARD Insurance Company 31470 IJG Inc, DBA: Cape Seafood Restaurant INSURER C: 80 Main st INSURER D: INSURER E: Yannouth MA 02673 INSURERF: COVERAGES CERTIFICATE NUMBER·CL1342911279 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWill-tSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ~~~~ POLICY NUMBER ~~hl%~\-1 ~~~\&%~~) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 t-- = COMMERCL'Il. GENERAl. LIABILITY ~=~~~?/.~~~nee) $ 300,000 ~ 5/l/2013 5/l/2014 A - ::=J CLAIMs-MADE [i] OCCUR JBP401517 MEO EXP (Any one person) $ 5,000 - PERSONAL & ADV INJURY $ 1,000,000 - GENERAl. AGGREGATE $ 2,000,000 lil"L AGGREnE LIMIT APnS PER: PRODUCTS- COMPIOP AGG $ 2,000,000 POLICY ~c'?-f LOG $ AUTOMOBILE LIABILITY ii::~~~~~tlSINGLE LIMIT - $ ANY AUTO BODILY INJURY (Per person) $ - ;-- SCHEDULED All 011\NED BOOIL Y INJURY (Per acddent) $ AUTOS AUTOS - 1--- NON-0\MJED HIRED AUTOS rp~~~:d"Z.t?AMAGE $ - 1--- AUTOS . $ UMBRELLA LIAS - HOCCUR EACH OCCURRENCE $ EXCESSLIAB CLAIMS. MADE AGGREGATE $ DEDI I RETENTION$ $ B WORKERS COMPENSATION h~l1fJ~;,I IOJ~· AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500 000 D NIA OFRCERIMEMBER EXCLUDED? 5/1/2013 5/1/2014 (Mandatory In NH) JWC412647 E.L. DISEASE· EA EMPLOYEE $ 500 000 grs~~:iiff3~ ~?'ii"PERATIONS below EL DISEASE • POLICY LIMIT $ 500,000 A Liquor Liability JBP401517 5/l/2013 5/1/2014 Common Cause Limit $1,000,000 Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) CERTIFICATE HOLDER CANCELLATION (508)760-3472 SHOUI.lD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN Town of Yarmouth ACCORDANCE WITH ntE POLICY PROVISIONS. 1146 Route 28 s Yannouth, MA 02664 AUTHORIZED REPRESENTATIVE ..--·-·~:"7. 7 :£!?~ Michael Susco/THOMAS c.__ --·-c::~~~-- ~-- --~~ ACORD 25 (2010/05) ® 1988-2010 ACORD CORPORATION. All rights reserved. INS075 t?n1 nn.<; 1 n1 Th,. Ar.nRn n::om,. ::onriiiVIn ,.,.,. .,..,;,.t,.r,.rl m::orl<"' nf Ar.nRn Deac:~t didt &c-1<-spa~ to leave this wine:;. \!l:ertificate of \!l:ompletion This Certificate of Cotnpletion of eTIPS On Premise 2.0 For coursework completed on July 23, 2013 provided by Health Conuuunications, Inc. is hereby granted to: Jolm Giannetos Certification to be sent to: Krasion LL C, Golden Boy Seafood 8l Main St RR 28 w.yannouth MA, 02673 USA ~certegrity.com'cp2.nsf/Openlnstrument?OpenAgent&RID=505BUG74W02L&SRC=1&CID=SCT23164620XKP&POP=N 1/1 .. Liquor License Regulation Inspection . .. Name of Location: Cape Seafood Date: 4-Sep-13 Town Of Yarmouth Liquor By-Laws Covered Comments 55-1 Availability of Rules and Regulations /.I 55-2 Posting of License in a Conspicuous Place /I 55-3 Admission to the Premises Vip Cards Cover Charge Occupancy Limit v Waiting Line 155-4 Hours of Operation Closing Time is nonnally 0100 /1_/}M - /0/)1"\ .J .... 11:'"' c., No Service or consumption after 01 00 All containers off of the bar by 0115 All patron off of the premises by 013 0 J-.- 155-5 General Regulations for Premises ------~ - -- Must comply with all building, fire health codes v Must comply with state and local tax obligations / I 155-6 Busiiiess Arrangements of Licensees .. License must have name(s) ofmanager(s) / Name(s) of persons responsible of closing at night ...... Names oflandlord and or owner of building ~ ..·· 155-7 Sale of Alcoholic Beverage Covered Comments No free drinks No more than 2 drinks to I person at a time No open bar No Drinks by pitcher except to or more persons No awarding drinks as prizes in contest No service to minors by employees or other patrons / 155-8 Responsibilities of Licensee Licensee must ensure a high degree of supervision / of conduct at all times Licensee is responsible for activities on property including parking lots and deck areas 155-9 Server Training Manager Se.c v ~c. {e. 1.::. A4/~t.L. Supervisor -s.;.""" .6-. Bartender Employees Stop Underage Drinking Training Video 155-10 Seasonal Closing Date of Closing Date of Reopening Contact person in case of emergency 155-11 Entertainment Must have entertainment license Must have noise confined to building No dancing by patrons except with proper license Entertainment restricted to hours on license No games played with alcohol as prize Must be open to inspection by any Police Officer, License Agent, ABCC Inspector, or Town Licensing Authority 155-12 Nonpayment of Taxes Delinquent in tax and/or water bills '• MASSACHUSETTS GENERAL LIQUOR LAWS Comments C7d 38-S26 MANAGER MUST BE AT LEAST 21 YEARS OLD CITIZENS OF THE UNITED STATES APPROVED BY STATE AND LOCAL AUTHORITIES B:l 38-S12 BRAND NAME OF DRAFT BEER DISPLAYED ON THE TAP ·v NO ONE CAN LEAVE THE PREMISES WITH ALCOHOL 7 I 34CMR9 .OOT AG-A-KEG KEG OF MORE THAN 2 GALLONS MUST HAVE v CMAABCC LABEL KEG MUST BE LABELED WITH 7 I NAME OF STORE AND IDENTIFIED WITH SERIAL NUMBER 34CMR2.05 PREVENTING ILLEGALITIES MUST PREVENT DISORDER AND DISTURBANCE ~I .. 38-34C ACCEPTABLE FORMS OF IDENTIFICATION •. MASS DRIVERS LICENSE v MASS REGISTRY OF MV LIQUOR ID CARD v PASSPORT ISSUED BY USA OR A RECOGNIZED COUNTRY v VALID MILITARY ID CARD (GREEN, ACTIVE SERVICE CARD) ~ *Identification must be checked on day of service 38-34-D MOST POST NOTICE OF DRUNK DRIVING PENALTIES t/1 38-S69 NO SALE OR DELIVERY TO INTOXICATED PERSON v I 34CMR2.05 SLOT MACHINES OR GAMBLING OF ANY TYPE /I NOT AUTHORIZED BY THE LEGISLATURE 38-S63 MUST ALLOW ENTRY OF LICENSING AUTHORITY ~I 38-S12.15 WINE TASTINGS LIMITED TO ONE OUNCE PER SERVING '• MUST PROVIDE FOOD ~I OBSERVATIONS: Past site of Golden Boy Re.staurant COMMENTS: 25 +years of restaurant expierence. Prior owners of the Chatham Cream n Cone for ten years . ... ------· CALLFORSERVICE# "-~1- 3o~~'j~ OFFICER(S) INVOLVE[ Serge~~tK.Boghdan --~----~------LICENSEE NAME: John Gianettos LICENSEE ADDRESS: 80 Route 28 West Yannouth, MA 02673 LICENSEESIGNATURE:Io S·'-\ CR~ OS'='"=' e £sc8 DATE: _ ___.:__.:..___;_---.:..;,_2 .•. ,... r .-.. -,.,----,..--:...--____,.__,--.-,,...-'-' ~---.===~--';----~-:----:--'"-r -----=----'------{ -c .:-:-.. .. .··.· "") • I I 1------\.': .. ,. ·:... ·.-. . . ~ . ., i· 'i. i . Stor-age Shelves . ·F i L .. i. f. ·... ·.; =·: I ,.· : ·.· I . i' \. I .I ... .1.:·· ... . '·. ·.. ·. ', • 'r, .:. '~.. : '..-:.. .: ... .. --·-- ...... ~- '· ~~-·-.····- .. ·. ··... . : ·· .. ~ ·: ... ·: :.· . •: '!. •' .·. ,.. ·· .. 'I; . ' -- ...... ____ _ I I TOWN OF YARMOUTH 1146 Route 28 South Yarmouth MASSACHUSETTS 02 - 492 Telephone (508) 398-2231, Ext. 268- Fax (508) 398-08r6:--:R~E;::C:::-=:E~IV_E_D--f OCT 1!1 2013 I Transfer of Seasonal Wine & Malt Licen e I LICENSES & PERMITS October 2, 2013 APPLICATION FOR: IJG, Inc. DBA: Cape Seafood Restaurant ADDRESS: 80 Route 28, West Yarmouth NAME OF APPLICANT: John Giannetos, owner/manager Contact person: same Application is for a transfer of license from Kraison, LLC dba Golden Boy Seafood Restaurant to IJG, Inc. dba Cape Seafood Restaurant, 80 Rte 28, West Yarmouth. There will not be any other changes to the license or to the building/property. Floor plan/seating plan are the same. 92 seats per current CI. NAME OF PROPERTY OWNER: Kraison, LLC Centerville, MA Date of Selectmen Hearing: Tuesday, October 22,2013. ** Please provide the board of selectmen with the new occupancy based on the Proposed Expansion/Addition of the premises including deck or terrace. * * Health Dept. Comments: Ok- NEED COMPLETED FORM BY TUESDAY, OCTOBER 16,2013 TOWN OF YARMOUTH 1146 Route 28 South Yarmouth MASSACHUSETTS 02664-44'r~~Di:;:;;;~-::---- Telephone (508) 398-2231, Ext. 268- Fax (508) 398-0836 RECEIVED 7 OCT 0 2 ?On Transfer of Seasonal Wine & Malt License LICENSES & PERMITS October 2, 2013 --1 APPLICATION FOR: IJG, Inc. DBA: Cape Seafood Restaurant ADDRESS: 80 Route 28, West Yarmouth NAME OF APPLICANT: John Giannetos, owner/manager Contact person: same Application is for a transfer of license from Kraison, LLC dba Golden Boy Seafood Restaurant to IJG, Inc. dba Cape Seafood Restaurant, 80 Rte 28, West Yarmouth. There will not be any other changes to the license or to the building/property. Floor plan/seating plan are the same. 92 seats per current CI. NAME OF PROPERTY OWNER: Kraison, LLC Centerville, MA Date of Selectmen Hearing: Tuesday, October 22,2013. * * Please provide the board of selectmen with the new occupancy based on the Proposed Expansion/Addition of the premises including deck or terrace.** Building Dept. Comments: Date: /~/;r Accessibility: Front door ramp: _Yes_No Alternate door ramp_Yes_No _ Wheelchair accessible bathroom Male: Yes No Female Yes No ------NEED COMPLETED FORM BY TUESDAY, OCTOBER 16,2013 TOWN OF YARMOUTH 1146 Route 28 South Y annouth MASSACHUSETTS 02664-4 2 Telephone (508) 398-223 L Ext. 268- Fax (508) 398-0836 I!RiiE;:C;:;-E;::I::-V~E-0-- 0CT 0 ~ 2013 Transfer of Seasonal Wine & Malt License LICENSES & PERMITS October 2, 2013 APPLICATION FOR: IJG, Inc. DBA: Cape Seafood Restaurant ADDRESS: 80 Route 28, West Yarmouth NAME OF APPLICANT: John Giannetos, owner/manager Contact person: same Application is for a transfer of license from Kraison, LLC db a Golden Boy Seafood Restaurant to IJG, Inc. dba Cape Seafood Restaurant, 80 Rte 28, West Yarmouth. There will not be any other changes to the license or to the building/property. Floor plan/seating plan are the same. 92 seats per current CI. NAME OF PROPERTY OWNER: Kraison, LLC Centerville, MA Date of Selectmen Hearing: Tuesday, October 22, 2013. ** Please provide the board of selectmen with the new occupancy based on the Proposed Expansion/Addition of the premises including deck or terrace.** Fire Dept. Comments: TheYannouth Fire Department Supports the application, subject to applicable submissions, permits and inspections. Signature: Capt. Jon Sawyer Date: 10/2/13 Accessibility: Front door ramp: _Yes_No Alternate door ramp_Yes_No _ Wheelchair accessible bathroom Male: Yes - No Female- Yes No --- NEED COMPLETED FORM BY TUESDAY, OCTOBER 16,2013 13everCffJ£ The Finest Eating on the Cape 80 Main Street, Rte. 28 80 Main Street, Rte. 28 West Yarmouth, MA West Yarmouth, MA Consuming raw or undercooked meat, poultry, seafood, shellfish or eggs may increase your risk of food-borne 508-771-6232 illness especially if you have certain medical conditions 508-771-6232 Eat In or Call Ahead for Take~Out 'Kid',_ MeruL 8alad4 Cape Side 1Jrder4 12 f1W4- ol4 and wuler Garden Salad ...... 4.95 sm. /g. Greek Salad ...... 5.95 Fresh Fish Sandwich ...... 5. 95 Homemade Onion Rings .....3.05 4.05 Add Grilled Chicken or Tuna $2.00 Chicken Tenders ...... 5.95 French Fries ...... 2.85 3. 75 1JreMI!up: Curly Fries ...... 4.15 Grilled Cheese· ...... 5.95 1tallttn. • va & 11in.elp:u • 1Jtea Cltee4e • gree~t Homemade Cole Slaw ...... 2.35 Hot Dog ...... 5.95 Bowl of New England Clam Chowder 4.25 Hamburger ...... 5.95 'Broikd Seafood Pl.al£J Mozzarella Sticks (6 pes) ...... 5.50 Cheeseburger ...... 6.35 Sole Plate ...... 16.25 Scallop Plate ...... 15. 95 served with marinara sauce iiU the above 4eroed· wilhjrenchfrie.J. !'.99 Fish Plate ...... 13.15 Jalapeno Poppers (6 pes) with cream cheese Shrimp & Scallop Plate ...... 15.95 Buffalo Wings (8 pes.) ...... 7.49 Grilled Swordfish Plate ...... 15.85 'Burger4 & 8andwic~J£d, 4 wings & 4 legs served with bleu cheese Grilled Salmon Plate ...... 15.85 1/3 Lb. Hamburger ...... 4. I 5 Seafood Combo Plate- fish, shrimp &scallops ..22.45 113 Lb. Cheeseburger ...... 4.55 tiU the above tteroed with rice pilof & ClJI.e 6lallJ Cape Seafood 1/3 Lb. Bacon Cheeseburger ...... 5.55 Double Hamburger ...... 6.25 Side 1Jrder4 Fresh Fish Sandwich ...... 5.65 Cape TW!ulllCUt Plate sm. med. /g. Fresh Sole Sandwich ...... 5.85 Scallops, Whole Clams, Clams (Whole) .... 15.95 22.95 28.95 Grilled Hot Dog ...... 3.25 Shrimp & Fish Scallops ...... 11.55 17.85 21.65 Grilled Cheese ...... 3.25 Served wllh Trendt Tria & 1/0IJU!I1t(l{]e 'Onion 'llinfp, Shrimp ...... I 1.25 17.85 20.35 't'IU blUYJU4 are 'Black ilflll& Tar-Tar Sauce ' - Clam Strips ...... 10.75 13.85 16.45 $24.95 Calamari ...... 9.45 13.45 16.25 Oysters ...... 14.25 19.15 23.45 Cape 8andwidt Pl.al£J Cape fried Seafood Cape Special Hamburger Plate ...... 6.95 served with french fries & cole slaw Pl.al£J Cape 8eafood1lo1LJ Clams (Whole) Plate ...... 18.95 ', Cape Special Double Hamburger Plate ..8.25 Shrimp Roll ...... 9. I 5 Clam Strips Plate ...... I 1.75 served with french fries & cole slaw Clam (Whole) Roll ...... I 3.95 Add Bacon $1.00 Add Cheese 35¢ Scallop Plate ...... 16.75 Clam Strip Roll ...... 9.15 Add Lettuce, Tomato or Both 45¢ Sole Plate ...... 12.95 Scallop Roll ...... 12.95 Chicken Tender Plate ...... 7.55 Haddock Plate ...... 12.50 served with french fries & cole slaw Oyster Roll ...... I 3.65 Fish & Chips (Cod) ...... I 1.85 Fried Chicken Breast Sandwich Plate ..6.75 Lobster Roll ...... 14.95 Shrimp Plate ...... 12.15 served with lettuce, mayo & french fries Crabmeat Roll ...... I 0.85 Grilled Chicken Breast Sandwich Plate .6.75 Oyster Plate ...... 16. 95 served with lettuce, mayo & french fries Calamari Plate ...... I 0.35 BefOre placing your order, please inform Tuna Sandwich Plate ...... 6.45 tiU the above W'Ved wltlt your server if a person in your party served with lettuce, tomato, mayo & french fries frenchfri.a & lwm£made Ollion rintp has a fOod allergy TRANSFER OF LICENSE CHECKLIST Filingfeetotown: $105.00 Hearing required: Yes _x_ No __ Filing fee to ABCC: $200.00 Legal Ad in newspaper 10 days prior Yes X No Notify Abutters: Yes No X State Forms Town of Yarmouth Forms www.mass.gov/abcc Application - fill out online, print and sign - 2 copies Copy of variance or special permit granted by the v Board of Appeals (if applicable) tJ\~ Vote of corporation authorizing all requested Copy of site plan review comment sheet transactions and appointment of manager. v ( if applicable) t-J\~ Articles of organization v Copy of business certificate- if not incorporated tJ\~ Purchase and sale agreement ofbusiness Copy of last paid real estate, personal property tax and v water bill. v v Personal information sheet(s) Copy of insurance certificate supporting coverage of minimum amount of legal liquor liability insurance v coverage. (Chapter 116 oftheActs of2010) v / Applies to Section 12 licenses only. Documents supporting source(s) of :financing Copy of workers compensation insurance certificate , v v Manager's form Cori application - photo ID v/ v v Documents supporting legal right to occupy Resume of applicant and or manager Lease agreement if leasing premise v \.... Transmittal form Copy of TIPS training certificate v v / Petition for transfer of ownership Contact made with Yarmouth Police licensing agent to l! v review procedures for liquor licensees \....- DOR Certificate of Good Standing Copy of menu (if applicable) v L- / Floor plan showing number of seats, liquor storage & service bar and location of entertainment (if applicable) v v Locus map showing location of property. On-premise parking plan NOTE: If you wish to secure an entertainment license, it is to your advantage to have these two hearings at the same time to avoid an additional $65.00 hearing fee. The legal advertisement fee will be billed to the applicant. This fee has to be paid before issuance of the license(s). BOARD OF SELECTMEN TOWN OF YARMOUTH 1146 ROUTE 28. SOUTH YARMOUTH. MASSACHUSETTS 02664-4492 TOWN Telephone (508) 398-2231 Ext. 1271. Fax (508) 398-2365 ADMINISTRATOR William G. Hinchey INTEROFFICE MEMORANDUM TO: BOARD OF SELECTMEN FROM: WILLIAM G. HINCHEY TOWN ADMINISTRATO DATE: OCTOBER 18,2013 SUBJECT: FY15 BUDGET PLANNING WORKSHOP ENCLOSURE The Board of Selectmen have set as their primary goal the continuation of exceptional municipal services paid for within the spending limits of Proposition 2 Yz . Toward that end administration has presented very detailed budget information before the Board in an effort to enable the Board to make informed and holistic funding decisions. Yarmouth has embarked upon a fiscal path which seeks to achieve the Board's fiscal goals by giving consideration to future budget requests predicated upon an ability to pay for these services based upon local economic conditions. The purpose of this workshop presentation is to clearly delineate the likely availability of future funding for today's basic municipal services and future service enhancements. An analysis of future local receipts and other local funding opportunities can now be taken into consideration by the Board as it determines service priorities of all Town functions. A service enhancement prioritization has been included within this presentation for the Board's consideration. Several presentations by public safety departments, IT and libraries have been made to the Board during the past several months. The balance of the service enhancements prioritized are relatively straight forwarded, nevertheless the respective department managers have been asked to attend Tuesday's workshop in case the Board wishes to ask detailed questions on any proposal. The Town has made great strides in the past several years to secure the funding base for its core services. Sufficient capital funding has been secured. Adequate stabilization funding has been reserved. A long term facility replacement plan is being developed this year. This presentation is a precursor of a long term municipal service plan which will be secured according to local economic revenue forecasts and which will adhere, conservatively to the primary goal of the Board of Selectmen to strictly restrain municipal spending within the limits of Proposition 2 Yz . We look forward to discussing the information contained on the slides herein with the Board Tuesday evening and leaving thereafter with clear direction how to proceed throughout the remainder of the FY15 budget process. Eh/1 FY15 Budget Planning V ERIFYING A VAILABLE N EW R EVENUE A ND E STABLISHING S ERVICE P RIORITIES O CTOBER 22, 2013 W ORKSHOP Review Established a Base FY11 Determined a Fiscal Policy FY12 Secured the Base • Stabilized School Spending FY13-14 • Capital within Levy • Achieved Stabilization Goal • Free Cash as Recovery Source Future Spending based on Local FY15 Economic Growth 1 10/22/2013 Business Model for Future Growth (Based upon Local Economic Development) 1. Assess Revenue Growth a. Estimated Receipts (at Year End) b. New Growth (Actual, Plus Projected) c. Review other P&Ls (and Reserves) 2. Determine Available Growth Revenue for next Fiscal Year 3. Determine Budget Buster Growth Necessary 4. Determine Balance of Growth Necessary for a.COLAS b.Service Deficiencies 5. Determine Free Cash Certified Available for Free Cash Grants (need for Stabilization) 2 10/22/2013 Sources of Budget Funding Levy Growth New Growth Estimated Receipt Growth Economies 3 10/22/2013 Levy Growth Allowable 2 ½ $1,226,582 New Growth $150,000 Total $1,376,582 School 2 ½ Growth $716,456 Net for Town $660,126 4 10/22/2013 Estimated Receipt Growth FY2011 FY2012 FY2013 $9,467,281 $10,190,042 $11,585,450 Notes 1. FY14 (3 months) tracking @ 104.5% 2. Septic Host $172,000 3. Transfer Station $158,000 (Earmarked to Enterprise Account) 4. Solid Waste Host Fee $250-$300K 5 10/22/2013 Estimated Receipt Sample Accounts FY2011 FY2012 FY2013 Motor Vehicle Excess $2,575,000 $2,607,000 $2,768,000 Rooms Tax $2,199,000 $2,406,000 $2,422,000 Meals Tax $377,000 $497,000 $521,000 Licenses/Permits $946,000 $907,000 $1,074,296 6 10/22/2013 FY15 Growth Opportunity Estimated Receipt Growth $300,000 New Growth $100,000 Total $400,000 7 10/22/2013 Enterprise Accounts Review Total FY13 FY13 FY13 NET Retained Expended Revenue Earnings Water $3,856,166 $4,146,672 $290,506 $1,218,136 Golf $3,225,466 $3,260,270 $34,804 $360,014 Septic $1,581,305 $1,581,843 $538 $517,859 8 10/22/2013 Available Levy vs. Budget Busters Available $660,126 Budget Busters Pension $254,515 Health Insurance $220,000 Steps $100,000 Capital Deficit $100,000 License Software $50,000 Police Department OT $50,000 $774,515 Net ($114,389) 9 10/22/2013 Net Available for Service Enhancements Budget Busters ($114,389) Additional New Growth $100,000 Additional Estimated Receipts $300,000 Net $285,611 10 10/22/2013 Cost of Living Increases $175K per 1% 11 10/22/2013 Service Deficiencies (High Priority) $K Expenses $K Positions 25 Police/Fire Med 40 Building Department 25 IT Maintenance 50 IT Tech (PD/FD) 70 Vehicle Maintenance Sanitation 10 25 Economic Dev. Planner Fire 10 40 COA Outreach/Social Worker Highway 50 20 H.R. Coordinator 20 General Training 120 Police/Fire Disp/OT Total $140K 117 (4) Firefighters (SAFER) $K Programs 44 Flax Program Director 230 Police/Fire Training 20 PT. Beach Supervisor 60 Human Service Grants 40 Fin Off – Clerk 50 Street Sweeping 50 IT Tech 50 Roadside Mowing 25 Purchasing Agent 50 Parks Maintenance Total $591K 15 W. Yarmouth Library 5 Sanitation – Composting Total $460K 12 10/22/2013 Service Deficiencies (Lower Priority) $K Positions $K Expenses 253 PD (4) 50 Legal/Design/Engineering 93 Library (3 + PT) 5 Town Report 422 Fire (12, Plus Training Officer) 4 DNR Training/Maintenance 45 DNR Officer 4 Library Maintenance 40 DNR Tech (Bio) 30 Library Materials 50 IT Tech 10 COA Supplies 44 IT Media Coordinator 21 Engineering Expenses 21 DNR Seasonal 25 Cemetery Expenses 50 Tree Expenses Total $968K 14 Police Supplies 5 Police Station Cleaning 10 Fire Supplies 30 Conservation Land Mgmt Total $258K 13 10/22/2013 Summary Despite the recent economic decline the Town continues to provide adequate services resulting in few complaints This service base has been secured in the past several years the result of which is an adequately funded capital program and an adequate reserve. The Board of Selectmen have directed that service levels be optimized, but within the levels of Proposition 2 ½ funding. Service recovery and employee costs will be strictly limited to the growth levels of local economic revenue generation. New or enhanced services will be determined after a full determination of all municipal service needs have been prioritized. 14 10/22/2013 During the Summer and Fall the Board of Selectmen have heard presentations from certain departments regarding service enhancements. Department managers will be present Tuesday evening for all other departments to respond to specific questions regarding service requests. 15 10/22/2013 Page 1 of 1 Barnes, Pam From: [email protected] Sent: Saturday, October 12, 2013 11 :27 AM To: Mclaughlin, Colleen Subject: Re: Agenda for October 15 Old King's Highway Meeting Hi Coleen, You can consider my membership in the Old Kings Highway Commission ended. I just have too many commitments on Monday nights. I'm sorry if this causes difficulties. Respectfully, Stanley J. Kaczynski's Sent from my iPad On Oct 11, 2013, at 4:11PM, "McLaughlin, Colleen" The annotated agenda for next Tuesday's meeting is attached. See you then, Colleen Colleen C. Mclaughlin, Office Administrator Old King's Highway Committee/Historic Commission 1146 Route 28 South Yarmouth, MA 02664-4451 508-398-2231 x1292 10115/2013 TO: BOARD OF SELECTMEN ~ . FROM: Jim Quirk, Appointments Chairman '111rJo I/ ~Jt..___ SUBJECT: Historical Commission -Appointments DATE: October 18, 2013 OPENINGS: Regular positions (1, unexpired term to run thru 7/31114 and 1 term to run thru 7/31/16) Number of Interviewers: ______Selectmen ------Commission/Committee Members Numerical Evaluation of Candidates **Maximum Score =20** APPLICANT COMMISSION SELECTMEN AVG. RATING RATING RATING Janice Norris Sarah Home RECOMMENDATION: To appoint Ms. Norris to the regular term on the Historical Commission. This term will run thru July 31, 2016. To appoint Ms. Horne to fill the unexpired, regular term on the Historical Commission. This term will run thru July 31, 2014. Page 1 of3 Barnes, Pam From: noreply@ civicplus.com Sent: Sunday, February 10, 2013 2:15PM To: Barnes, Pam Subject: Online Form Submittal: Interested in joining a Committee, Commission or Board? If you are having problems viewing this HTML email, click to view a Text version. Interested in joining a Committee, Commission or Board? The Board of Selectmen would !ike your experience and expertise to serve on a committee, board or special study group. Please complete this form to enter your information into our database. You may also call 508-398-2231 ext. 270 with any questions. Contact Information First Name:* Last Name:* !Norris Street Address 1: * Street Address 2: City/Town:* State:* ZIP: Phone Number:* Email: Residency:* I Am Interested In Serving On The Following Board(s)* r Affordable Housing Commitee r Golf Enterprise Committee r Board of Appeals l7 Historical Commission r Board of Assessors r Investment Committee r Board of Health r John Simpkins Building Review Committee r Cable Advisory Committee r Library Board Open Space Committee r Government Oversight Committee r r Community and Economic Developement r Old King's Highway Committee Committee r Parker's River Marine Park Committee r Conservation Commission r Personnel Board r Council on Aging r Planning Board r Cultural Council r Recreation Commission r Design Review Committee r Recycling and Waste Management Committee Disability Commission r r Scholarship Fund Committee r Energy Committee r Waterways/Shellfish Advisory Committee r Finance Committee Please enter more detailed information about yourself 2/12/2013 Page2 of3 Work Instructor, Medieval, Ancient & Women's History: Experience/Occupation:* Binghamton University; Saint Norbert College Grants Management: Harvard Medical School, Beth Israel Deaconess Medical Center Educational Studies:* A.B. cum laude, Smith College, History M.A. Boston College, History Ph.D. Binghamton University, History Community Service Over the years, I have been involved in many Record:* aspects of community service in Braintree, MA; Green Bay, WI; Harwich, MA. I have never been a member of a town committee, board or study group. Personal History: (Optional) I I State briefly why you are I am an historian, interested in historic interested in serving the preservation. I have retired to settle Town in the area(s) of government indicated:* ·permanently in the Town of Yarmouth and would like to be more involved in town activities, and I learned the the Historical Commission was * indicates required fields. The following form was submitted via your website: Interested in joining a Committee, Commissl.on or Board? First N arne:: Janice Racine Last Name:: Norris 2/12/2013 Page 3 of3 Residency:: Full-time I Am Interested In Serving On The Following Board(s): Historical Commission Work Experience/Occupation:: Instructor, Medieval, Ancient & Women's History: Binghamton University; Saint Norbert College Grants Management: Harvard Medical School, Beth Israel Deaconess Medical Center Educational Studies:: A.B. cum laude, Smith College, History M.A. Boston College, History Ph.D. Binghamton University, History Community Service Record:: Over the years, I have been involved in many aspects of community service in Braintree, MA; Green Bay, WI; Harwich, MA. I have never been a member of a town committee, board or study group. Personal History: (Optional): State briefly why you are interested in serving the Town in the area(s) of government indicated:: I am an historian, interested in historic preservation. I have retired to settle pennanently in the Town of Y arrnouth and would like to be more involved in town activities, and I learned the the Historical Commission was seeking new members for their board. Additional Information: Form submitted on: 2/10/2013 2:15:25 PM Submitted from IP Address: 71.235.5.121 Referrer Page: http://yarmouth.ma.us/list.aspx?Mode=Subscribe#jobs Form Address: http://yarmouth.ma.us/Forms.aspx?FID=47 2/12/2013 TOWN OF YARMOUTH TALENT BANK FORM The Board of Selectmen would like your experience and expertise to serve on a committee, board, or special study group. Please complete this form and file it with the Town Administrator's Office at Town Hall, 1146 Route 28, South Yarmouth, MA 02664 if you are interested or call508-398-2231 ext. 270. Date Em~ 5/\MH K.. Hof?.tvE Residency: Full Time _,X._ Part-time __ None/Business Owner ___ Indicate below the areas you are especially interested in: ___ Mfordable Housing Committee Disability Commission ___ Board of Appeals Finance/Capital Budget* ___ Board of Health _k_ Historical/Old King's Highway ___ Cable Advisory Committee Open Space Committee ___ Community and Economic Development Committee Planning Board ___ Community Preservation Committee Senior Services Activities --- Conservation Commission Recreation Commission ___ Waterways/Shellfish Advisory Committee Cultural Council ___ Recycling & Waste Mgmt Golf Enterprise Committee ___ Design Review Committee Energy Committee Please complete the reverse side of this application with more detailed information about yourself. *Not appointed by the Board of Selectmen VOLUNTEERINFO~TION FOR OFFICIAL USE ONLY Contact Date Committee Result Status Update Board of Selectmen Regular Meeting May 7, 2013 The regular meeting was called to order at 7:00p.m. in the Town Hall Hearing Room by Chairman Erik Tolley. Selectmen present: Curt Sears, Jim Quirk and Tracy Post. Norm Holcomb was absent. Also Attending: Town Administrator William G. Hinchey. The Board of Selectmen gave the pledge of allegiance. Public Announcements & Comments Andrea St Germain provided an update on upcoming activities/ programs and celebrations within the District Discussion- Packet Landing Mooring Fee Moratorium Don Costa spoke to the Board, requesting an extension of the Packet Landing Mooring Fee Moratorium. Natural Resources Director Karl von Hone described the history of the fee moratorium of the incremental increase for the past 2 years. If the moratorium is extended it would result in a $6,200 decrease in revenue. Packet Landing is the only location in Town where commercial vessels can be docked and unload. Mr. Costa spoke about the lack of amenities at Packet's Landing. He compared rates from other locations in neighboring towns and stated Yarmouth is the charging more than those other towns. Mr. Sears stated that the rates should be split. Mr. Quirk reminded the Board that every year the moratorium is approved, the revenue is reduced. MOTION: To move that the Board of Selectmen approve the Packet Landing mooring fee moratorium for one more year. Motion by: Curt Sears Seconded by: Tracy Post Yea 4 Nay 0 Preliminary Discussion - Revised Beach Rules & Regs Represented by Pat Armstrong who presented the proposed amendments beach rules and regs. Some examples include: splitting beaches and parks regulations, time and age regulations, lifting the no alcohol on the beach rule, fires on the beaches, household trash dumping, dogs and kite flying and other public safety items. Mr. Quirk stated he would like to see Waterways rules included. Mr. Sears liked the concept of having separate rules and regs for the beaches and for the parks, perhaps allowing beach fires and alcohol. Ms. Post asked if longboard skateboards could be allowed. Mr. Tolley asked if there are regulations requiring pet owners to clean up their pet waste in any portion of the Town. Ms. Armstrong stated there was no regulation in place, other than dogs being prohibited at the beaches. MOTION: To move that the Board of Selectmen request Ms. Armstrong to move ahead with the amended rules and regulations, with a public hearing. Motion by: Tracy Post Seconded by: Curt Sears Yea 4 Nay 0 Recycling and Solid Waste Advisory Committee 1. Pay As You Throw Presentation Represented by the Recycling and Solid Waste Advisory Committee members Joe Sarnosky, Charles Spooner, Bi/1 Wade and Frank Martinez. Mr. Charles Spooner reviewed the potential role of Pay as You Throw in Yarmouth, with the assistance of a PowerPoint Presentation. The current system provides a drop-off site with disposal to SEMASS by rail. Yarmouth has a voluntary recycling program which generates about 25% of household trash. Pay As You Thrown is a unit pricing system where residents would purchase bags and dispose trash they put in them however recycled items would not cost. 136 communities in MA use Pay As You Throw system. Mass DEP encourages PA YT and Mr. Spooner discussed benefits and disadvantages of PA YT including ways to reduce PA YT costs. RASWAC recommended public meetings to discuss PA YT and have the Board consider an implementation plan. Ms. Post thanked RASWAC for the presentation and is Town of Yarmouth May 7, 2013 Board of Selectmen DRAFT Minutes interested in obtaining the public feedback to see where the community would like to go on this topic. Mr. Sears has concerns with minimum of tonnage to SEMASS. Mr. Sears asked what the average household in Yarmouth is, which Mr. Sarnosky stated the average household in Yarmouth is roughly 2.07. Roughly 10% of Sandwich residents went to private haulers when the Town implemented PA YT. Mr. Sears stated that he was in favor of PAYT and stated the public needs to know how easy it is to recycle. Mr. Quirk asked if the local retailers will be willing to sell the bags. Mr. Sarnosky stated the manufacturer of the bags guaranteed they would take care of the logistics of having vendors sell the bags in their stores. Mr. Tolley asked if there would be a variety of sized bags depending on the barrel size and lifting abilities of users. The Board was in favor of RASWAC doing outreach meetings to get a sense of the public's opinion of this program. Mr. Sears felt that the Board should be involved with the outreach programs. MOTION: To move that the Board of Selectmen direct the Town Administrator and staff to initiate the process of public outreach programs. Motion by: Jim Quirk Seconded by: Curt Sears Yea 4 Nay 0 Board of Selectmen 1. Approval of Minutes MOTION: To move that the Board of Selectmen approve the minutes of December 18, 2012, as amended. Motion by: Jim Quirk Seconded by: Tracy Post Yea 4 Nay 0 2. Individual Items Curt Sears congratulated Karen Marciante with her upcoming retirement. Mr. Sears also mentioned a food drive. Mr. Sears also spoke about the override question on the election ballot that will replace existing debt that will be dropping off at the end of the fiscal year for road improvements. He suggested a few minutes be spent at next meeting to discuss the rationale behind the question. Ms. Post suggested an alternative location than having selectmen meetings at the Police Station due to the poor quality of audio during the recording of last week's meeting. Mr. Tolley spoke about a Media Policy Advisory Committee and read the draft charge. The Board is currently accepting talent bank forms for the Committee until the first of June and will be a 5 member board. There will be Town department and Board liaisons. Mr. Tolley would like the discussions in order to see if a policy needs to be in place or if nothing needs to be done. Mr. Tolley asked if the Board had any issues with approving proclamations as individual agenda items rather than on the Consent Agenda. MOTION: To move that the Board of Selectmen approve any proclamation as a regular agenda item rather than on the consent agenda. Motion by: Tracy Post Seconded by: Jim Quirk Yea 4 Nay 0 Town Administrator's Items 1. Consent Agenda • License Renewals 1. Special Entertainment • YFD Irish Village Road Race, May 11th • YPD Blue 5K, May 19th 2. Temporary Extension of Premise Renewal • YFD Irish Village Road Race, May 11th • Yarmouth Wine & Spirits, May 1oth • Fee Waivers 1. YFP Irish Village Road Race, May 11th • Tent Permit $50.00 • Sign Permit $40.00 $90.00 • Donations Town of Yarmouth May 7, 2013 Board of Selectmen DRAFT Minutes 1. Boardwalk Plank Program • Diane Jackson $150.00 • Matt Stolzfus $150.00 • Sue Milne $150.00 • Thayne Cameron $150.00 $600.00 TOTAL $600.00 MOTION: To move that the Board of Selectmen approve the consent agenda. Motion by: Jim Quirk Seconded by: Curt Sears Yea 4 Nay 0 Adjourn MOTION: To move that the Board of Selectmen adjourn the meeting at 8:50pm Motion by: Curt Sears Seconded by: Jim Quirk Yea 4 Nay 0 z~~uat DISTRIBUTED MATERIAL AGENDA PACKET Discussion- Packet Landing Mooring Fee Moratorium ~ Memo from KvH to WGH, dated December 22, 2011. Re: Packet Landing Marina Slip Rates ~ Memo from KvH to WGH, dated January 19, 2012. Re: Packet Landing Marina Slip Rate Comps and Revenue Figures ~ Memo from KvH to RCL, dated March 16, 2010. Re: Mooring and Slip Rates ~ BOS Minutes, March 23, 2010 Preliminary Discussion - Revised Beach Rules & Regs ~ Memo from Chief Frederickson to WGH, dated May 7, 2013. Re: Beach Regulations Recycling and Solid Waste Advisory Committee 1. Pay As You Throw Presentation ~ Memo from WGH to BOS, dated August 1, 2012. Re: Report, with enclosures ~ PowerPoint Presentation: The Potential Role of Pay As You Throw In Yarmouth's Solid Waste Management, May 7, 2013 Town of Yarmouth May 7, 2013 Board of Selectmen DRAFT Minutes TOWN OF YARMOUTH ENGINEERING DIVISION 1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-4451 Telephone (508) 398-2231, Ext. 1250- Fax (508) 760-4830 r _- .... ~' :-Ll Tow;, Gr YAF;:,:OUTH To: Board of Selectmen ocr o7 iOU CONSENT From: Barbara Benoit (jJ) TOWN N!~ ,'i ~ lJSTRPTOR Engineering Divisl'ful AGENDA Subject: Utility Hearing Petition to Install20' ofUnderground Cable and Conduit Date: October 4, 2013 On October 3, 2013, a public hearing was held in the DPW/Engineering Office at the request ofNStar Electric Company. They are seeking permission to install approximately 20' of underground cable and conduit under the Town roadway to provide underground electric service to 64 Mill Lane, Y armouthport. All direct abutters were notified prior to the hearing, and none were in attendance. No objections were noted and recommendation for your approval is requested. Please sign the attached two copies of the petition and return to the DPW/Engineering office. Please contact this office should you have any questions or concerns. Thank you. Printed on Recycled Paper PETITION FOR UNDERGROUND CABLE AND CONDUIT LOCATIONS Barnstable, Massachusetts August 26, 2013 To the Board of Selectmen for the Town of Yarmouth, Massachusetts. NSTAR ELECTRIC COMPANY request permission to locate underground cables, conduits and manholes, including the necessary sustaining and protecting fixtures, in, under, along and across the following public way or ways: Mill Lane, Yarmouthport To install 20' of conduit and cable. Wherefore it prays that after due notice and hearing as provided by Jaw, it be granted a location for and permission to install and maintain underground cables, conduits, and manholes, together with such sustaining and protecting fixtures as it may find necessary, said underground cables, conduits, and manholes to be installed in accordance with the plan files herewith marked Plan No. 103720 Dated August 26, 2013. 7 TAR ELECTRIC COMPANY By~~I----L-"-i~~----=~~J_____..o<;U!A/~-- Right of Way Agent FORM OF ORDER FOR .UNDERGROUND CABLE AND CONDUIT LOCATIONS IN BOARD OF SELECTMEN FOR THE TOWN OF YARMOUTH, MASSACHUSETTS. Notice having been given and a public hearing held, as provided by law, IT IS HEREBY ORDERED: that the NSTAR ELECTRIC COMPANY be and it is hereby granted a location for and permission to install and maintain underground cables, conduits and manholes, together with such sustaining and protecting fixtures as said Company may deem necessary, in, under, along and across the public way or ways hereinafter referred to, as requested in petition of said Company dated the 26 day of August, 2013. All construction under this order shall be in accordance with the following conditions: Cables, conduits, and manholes shall be installed substantially at the point indicated upon the plan marked Plan No. 103720 Dated August 26, 2013 filed with said petition. The following are the public ways or parts of ways under, along and across which the cables above referred to may be installed under this order. Mill Lane, Yarmouthport I hereby certify that the foregoing order was adopted at a meeting of the Board of Selectmen of the Town of Yarmouth, Massachusetts held on the day of ------2013. Clerk of Selectmen. ------'Massachusetts ______2013. Received and entered in the records of location orders of the Town of Yarmouth Book Page ______ Attest: Town Clerk (over) We herebycertifythaton Oc.b:> he-r= 2013, at 10 : oo AK o'clock, _____M. at Yarrn.auA::h.- lo<.U?L +f~ a public hearing was held on the petition of the NSTAR ELECTRIC COMPANY for permission to install and maintain the underground cables, conduits, manholes and fixtures described in the order herewith recorded, and that we mailed at least seven days before said hearing a written notice of the time and place of said hearing to each of the owners of real estate (as determined by the last preceding assessment for taxation) along the ways or parts of ways upon which the Company is permitted to install underground cables, conduits, manholes and fixtures under said order. And that thereupon said order was duly adopted. Selectmen of the Town of Yarmouth, Massachusetts CERTIFICATE I hereby certify that the foregoing is a true copy of a location order and certificate of hearing with notice adopted by the Board of Selectmen of the Town of Yarmouth, Massachusetts, on the day of 2013, and recorded with the records of location orders of said Town, Book , Page This certified copy is made under the provisions of Chapter 166 of General Laws and any additions thereto or amendments thereof. Attest: Town Clerk. TOWN DATE PLAN NO. YARMOUTH AUGUST 26, 2013 103720 - w/ 0# - 1953608 Plan to accompany petition of NSTAR ELECTRIC COMPANY FOR INSTALLATION OF 20 FEET OF UNDERGROUND CABLE & CONDUIT FROM HANDHOLE 162/8HA TO HANDHOLE 162/H8 8 \ \ ., 1621'~ • \ \ \ .\ ...... \ \ \ ., ... Map 121/Parcel27 ·•·.. , \ \\ Hulbert Enterprises LLC Book 26153 page 191 \ \ .. PO Box 1179 \ Sparkes, MD 21152 '\\ ~ \ y \ .... \ ~ \ Map 121/Parcel 6 \ ..•. Bilezikian Charles G \ do Hulbert Enterprises LLC \ ·~. Book 5452 page 073 \ ...... , PO Box 1179 \ Sparkes, MD21 152 \ \ ~~ \ e \ ~~~ 16218 \\ \ ?.(,) ~.~EB\ 1 6 2 / H 8 B 162/8HA\ EB' \ \ \ \ \ \ CABLE & CONDUIT \. \ FROM HANDHOLE 162/SHA \ TO HANDHOLE 162/HSB KEY: \ \ \ \ \ e Existing Pole \, \ \ EB Handhole \, ---- Cable & Conduit \ 0 Parcel# \\ \ \ \\ 0 40 Feet Assessors map #121 All parcel lot lines are approximate PETITION FOR UNDERGROUND CABLE AND CONDUIT LOCATIONS Barnstable, Massachusetts August 26, 2013 To the Board of Selectmen for the Town of Yarmouth, Massachusetts. · NSTAR ELECTRIC COMPANY request permission to locate underground cables, conduits and manholes, including the necessary sustaining and protecting fixtures, in, under, along and across the following public way or ways: Mill Lane, Yarmouthport To install 20' of conduit and cable. Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for and permission to install and maintain underground cables, conduits, and manholes, together with such sustaining and protecting fixtures as it may find necessary, said underground cables, conduits, and manholes to be installed in accordance with the plan files herewith marked Plan No. 103720 Dated August 26, 2013. NSTAR ELECTRIC COMPANY By~,b ~~~~Right ofL~MM Way~ Agent~~~ ~------FORM OF ORDER FOR UNDERGROUND CABLE AND CONDUIT LOCATIONS IN BOARD OF SELECTMEN FOR THE TOWN OF YARMOUTH, MASSACHUSETTS. Notice having been given and a public hearing held, as provided by law, IT IS HEREBY ORDERED: that the NSTAR ELECTRIC COMPANY be and it is hereby granted a location for and permission to install and maintain underground cables, conduits and manholes, together with such sustaining and protecting fixtures as said Company may deem necessary, in, under, along and across the public way or ways hereinafter referred to, as requested in petition of said Company dated the 26 day of August, 2013. All construction under this order shall be in accordance with the following conditions: Cables, conduits, and manholes shall be installed substantially at the point indicated upon the plan marked Plan No. 103720 Dated August 26, 2013 filed with said petition. The following are the public ways or parts of ways under, along and across which the cables above referred to may be installed under this order. Mill Lane, Yarmouthport I hereby certify that the foregoing order was adopted at a meeting of the Board of Selectmen of the Town of Yarmouth, Massachusetts held on the day of ______2013. Clerk of Selectmen. ------'Massachusetts ______2013. Received and entered in the records of location orders of the Town of Yarmouth Book Page ______ Attest: Town Clerk (over) We hereby certify that on Deb he/r ~ 2013, at I 0 : o-o o'clock, ______, ,4:~. M. at 'iar(J;Lg vee!....._ t owx.... ¢J....CI..LL- a public hearing was held on the petition of the NSTAR ELECTRIC COMPANY for permission to install and maintain the underground cables, conduits, manholes and fixtures described in the order herewith recorded, and that we mailed at least seven days before said hearing a written notice of the time and place of said hearing to each of the owners of real estate (as determined by the last preceding assessment for taxation) along the ways or parts of ways upon which the Company is permitted to install underground cables, conduits, manholes and fixtures under said order. And that thereupon said order was duly adopted. Selectmen ofthe Town of Yarmouth, Massachusetts CERTIFICATE I hereby certify that the foregoing is a true copy of a location order and certificate of hearing with notice adopted by the Board of Selectmen of the Town of Yarmouth, Massachusetts, on the day of 2013, and recorded with the records of location orders of said Town, Book , Page This certified copy is made under the provisions of Chapter 166 of General Laws and any additions thereto or amendments thereof. Attest: Town Clerk. . ' TOWN DATE PLAN NO. YARMOUTH AUGUST 26, 2013 103720 - W/0#- 1953608 Plan to accompany petition of NSTAR ELECTRIC COMPANY FOR INSTALLATION OF 20 FEET OF UNDERGROUND CABLE & CONDUIT s FROM HANDHOLE 162/BHA TO HANDHOLE 162/HSB \ / \ \ 1 62~, • I \ \ \\., \ '\\ \\ \, \ .•. Map 121/Parcel27 \ Hulbert Enterprises LLC \\ \ Book 26153 page 191 \ PO Box 1179 Sparkes, MD 21152 y \ \\.\~<: \ \,\ \ $ \ Map 121/Parcel6 Bilezikian Charles G \ ..\ do Hulbert Enterprises LLC \\ Book 5452 page 073 \ \ PO Box 1179 . \ \ \ \ .,. ... Sparkes, MD 21152 \ e \ ...... 16218 '\ \ '2-() )\.·EB\ 162/H8B 162/8HA\EB' \ \ \ \ \ CABLE & CONDUIT \ FROM HANDHOLE 162/8HA TO HANDHOLE 162/H8B KEY: e Existing Pole \ E8 Handhole ---- Cable & Conduit \\ I. \ 0 Parcel# \ \ 0 40 Feet Assessors map #121 All parcel lot lines are approximate TOWN OF YARMOUTH DEPARTMENT OF COMMUNITY SERVICES Natural Resources Division 424 ROUTE 28 WEST YARMOUTH MASSACHUSETTS 02673-4713 TELEPHONE (508) 760-4800 FAX (508) 760-4805 Karl W. von Hone MEMO DIRECTOR CCJ. ·JeEN TO: William G. Hinchey., Town Administrator Honorable Board of Selectmen AG ~- 1\1 ...--..- FROM: Conrad P. Caia C fG. Shellfish Constable SUBJECT: Recreational Shellfish Regulation Change DATE: October 15, 2013 Please fmd enclosed copies of the Recreational Shellfish Regulations for your review and approval. The Recreational Regulations are effective Sunday, November 3, 2013. If you have any questions concerning these changes, please contact me at the office. CPC Natural Resources Shellfish Animal Control Harbormaster Waterways TOWN OF YARMOUTH DEPARTMENT OF COMMUNITY SERVICES Natural Resources Division 424 ROUTE 28 WEST YARMOUTH MASSACHUSETTS 02673-4713 TELEPHONE (508) 760-4800 FAX (508) 760-4805 Karl W. von Hone AMENDMENT TO SHELLFISH REGULATIONS RECREATIONAL USE DIRECTOR SOFT SHELL CLAMS AND QUAHOGS EFFECTIVE DATE: Sunday, November 3, 2013 TIME: Sunrise to Sunset THESE AREAS ARE OPEN SUNDAYS OR WEDNESDAYS SHELLFISHING PERMITTED: SC-28.5 Mill Creek and SC-28.0 Lewis Bay- Inside Sweetheart Creek and inside Pine Island Cove is open for the harvest of Quahogs and Soft Shelled Clams. OPEN AREA- Mill Creek in Lewis Bay north ofline drawn across the mouth of Mill Creek and south of a line drawn westerly from the end of Chilton Road to the "No Shellfishing" sign on the beach at Grist Mill Lane. (The open area will be marked by signs). All of Sweetheart Creek- in the Eastern comer of Lewis Bay and inside Pine Island Cove is also open. CLOSED AREAS: Wilbur Park- Bass River, Lewis Pond, The Eastern Shore of Lewis Bay from the boat ramp at Englewood Beach east to the jetty, Uncle Roberts Cove, Smith's Point and Gray's Beach. All other areas not listed as OPEN are CLOSED. LIMIT: One (1) level Ten Quart Wire Basket (10 QT.) of Soft Shell Clams and One (1) level Ten Quart Wire Basket (10 QT.) of Quahogs per permit per week. SIZE: No Soft Shell Clams measuring less than two inches (2") at the longest diameter and no Quahogs measuring less than one inch (1 ")across the hinge may be taken. NOTE: No Shellfishing shall take place when the air temperature is 28 Degrees Fahrenheit or below. Shellfish gauges are required. Shellfish may be harvested with hand rakes, hand scratchers and basket rakes having measurements not more than 12 inches (1 foot) in any direction. The use of bull rakes, jerk rakes or any commercial harvesting device is prohibited. This Amendment supersedes all other Recreational Quahog and Soft Shell Clam Regulation Amendments. Per Order of the Board of Selectmen: Date: ------Erik Tolley, Chairman: ------ Tracy Post: James Quirk: Norman Holcomb: Michael Stone: Natural Resources Shellfish Animal Control Harbormaster Waterways TOWN OF YARlVIOUTH ·------Office of the Town Clerk ll4f, Route 28 NT ~ Massach usetts General Law, Chapter lOO. Section iO Name of Applicant/Organization: f!.a...p~Mk-.5 p; y;;_L /l'vx1 L;~£?.. vI Address: B ::JOyce- ST, 5 . '/AellcJLJ T II> # /J 002 ~-=&_Lif_· __ Name of Auctioueer: Wt l...f_ ;,a_ 11 I ?...... Lt-'J""'C>'-"/J....L.<>..L"-'G~b::.______Address of Auctioneer: /2;2 Sf(a.. Ke:f: 3e.Ci'.C 11~£.4..1/S'J IIA t1eli?53 License Number of the Auctioneer (State): Av 36 3 H /9 SS or Affi liation and Title with organization: ------··------ POl# ·------or Social Security# Hours Auction to be conducted: -~ -~ >l__2_f1 ______·------ Location or A uctjon: (! uL Tv teA & Date of Auction: /[ /; lo /c:z t> !..3 1/ ~---- Date of Application: /o/;robot3r; ---- Date fs<:.ued : ·------·- -· Town Clerk - Date AUCTIOKEER LJCENSE Rules awl ,-egulotions for the Conducting ofA..uctiollS under the authority of Oeneml Lttws Chapter .100. THE COMMOI\lWEALTH OF MASSACHUSffiS 15951 DIVISION OF STANDARDS PHONE 617 ~727-3480 CONTROL NO. ONE ASHBURTQN PlACE, BOSTON, 02108 AU 303 STATE AUCTIONEER LICENSE DATE APR 0 9 2013 UCENSENO. This is to certil'y that: UCENSES : William J. Fidalgo d/b/a Eastham Auction House ADDRESS : QTY STATE/ZIP: This lic-ense is in effect as of date of is,sue. Said licensee must comply with the requirements of Sec. 10 of Chapter 100; said license shctll remain in fo " e until one year from date of issue, unless surrendered prior thereto for cancellation. EXPIRES: (CQPV OF lAW FURNISHED HEREWITH) THIS LICENSE IS NOT TRANSFERABLE. October 7, 2013 Board of Selectmen CONSENT UC! 0 ~ tUIJ Town of Yarmouth AGE NDA Dear Selectmen, The Cape Cod Antiques Dealers Association has filed an application for the third annual Antiques Show to be held at the Simpkins-Laurence Mac Arthur major field to be held on Saturday, June 14, 2014. The Cape Cod Antiques Dealers Association is a non profit 501 C3 and the profit earned from the show will support two yearly scholarships at Cape Cod Community College. These scholarships are awarded to graduating seniors who will be continuing their education at a four year college. We also have a Cultural Enrichment Endowment Fund which awards grants to Cultural Centers ,libraries, museums and Historical Societies., Last year, The Historical Society of Old Yarmouth was one of our recipients. Several applications for our 2013 grants have already been received. Last year you were kind enough to waive the fee of $360.00 for the field rental and we hope you will again consider doing this for the 2014 show. We will again be applying for a tourism grant. Last year our show brought exhibitors from twelve states and they all stayed in Yarmouth and ate in Yarmouth. Several came back later on in the summer to do shows in other towns, but came back to Yarmouth for their lodging and food. Most were very satisfied and had high compliments for the town of Yarmouth. Thank you for your consideration and we again look forward to presenting this quality event as part of Yarmouth's desire to promote events for the citizens of Yarmouth and our many seasonal visitors. Sincerely, J /7 ,;j' ~ 'V - Ud~ ()vAL@_' Yarmouth Police Department -----Excellence~· ~ Frank G. Frederickson Chief of Police Steven G. Xiarhos Deputy Chief CDNSEN TO: The Honorable Board of Selectmen GE NOA FROM: Chief Frank Frederickson SUBJECT: Donation Approval DATE: September 30, 2013 Please be advised that the Yarmouth Police Department has been names the beneficiary for the Estate of Wilhelmina I Gomes. We have received a donation in the amount of $416.96. I respectfully request your approval for this donation. The donation will be deposited into the Donation Account (24094-484000) and be used for Miscellaneous Police Expenses. If you should have any questions regarding this donation, please do not hesitate to contact my office. Thank you in advance for your attention in this matter. nb xc: file Emailed: Ehartsgrove, Ffrederickson, Sxiarhos, Klennon 100813 One Brad Erickson Way, West Yarmouth, Massachusetts 02673 • Phone: (508) 775-0445 ·Fax: (508) 862-2721 Yarmouth Police Department ----- Excellence in Policing----- RECEIVI D Frank G. Frederickson TOWN or YARt oOUTH Chief of Police Steven G. Xiarhos OCI Qb[UI .' Deputy Chief ' 'I"T,.,ATOR TO: The Honorable Board of Selectmen FROM: Chief Frank Frederickson SUBJECT: Donation Approval DATE: October 8, 2013 Please be advised that the Y arrnouth Police Department has been names the beneficiary for the Estate of Wilhelmina I Gomes. We have received a donation in the amount of $416.96. I respectfully request your approval for this donation. The donation will be deposited into the Donation Account (24094-484000) and be used for Miscellaneous Police Expenses. If you should have any questions regarding this donation, please do not hesitate to contact my office. Thank you in advance for your attention in this matter. nb xc: file Emailed: Ehartsgrove, Ffrederickson, Sxiarhos, Klennon 100813 One Brad Erickson Way, West Yarmouth, Massachusetts 02673 • Phone: (508) 775-0445 • Fax: (508) 862-2721 TOWN OF YARMOUTH Division of Senior Services Memo To: William Hinchey, Town Administrator From: Kathleen Bailey, Director - Division of Senior Services Subject: Gifts to the Division of Senior Services - Consent Agenda Date: October 9. 2013 At your convenience, please present the following gifts of donated to the Council on Aging, to the Board of Selectmen for their acceptance on behalf of the Town: Donations: Margaret Taylor $ 41.00 Jean Jackson $ 7.00 Joe Guardino $152.00 Joe Guardino $180.00 Cal and Rose Marie Cusick $ 10.00 AA $ 40.00 TOTAL $430.00 These donations will be used at the discretion of the Director for senior activities. INFORMATION PACKET BOARD OF SELECTMEN October 22, 2013 INTERNAL/DEPARTMENT 1. None TOWN BOARD/COMMITTEE 1. Letter from Chairman Tolley to NSTAR & MA Dept of Ag. Resources, dated September 16, 2013. Re: NSTAR Spraying 2. Letter from Joyce Flynn to BOS, dated October 17, 2013. Re: CLC. Enclosures. SCHOOL 1. Notice to Abutter of Issuance of Building Permits, M.E. Small School & Mattacheese Middle School EXTERNAL/CITIZEN 1. Safety Over Speed Report, August 14, 2013 2. Letter from DeWitt Davenport and Paul Rumul to BOS, dated October 8, 2013. RE: Marina FEDERAL, STATE, COUNTY AND OTHER AGENCIES 1. None SPECIAL EVENTS AND PROGRAMS 1. None BOARD OF SELECTMEN TOWN OF YARMOUTH 1146 ROUTE 28. SOUTH YARMOUTH. lviASSACHUSETTS 02664-4492 TOWN Telephone (508) 398-2231 Ext. 1271. Fax (508) 398-2365 ADMINISTRATOR William G. Hinchey September 16, 2013 Michael McClean Director of Rights of Way Program Mass. Dept. of Agricultural Resources 251 Causeway St, Suite 500 Boston, MA 02114 William Hayes, Senior Arborist NSTAR Electric & Gas One NSTAR Way Westwood, MA 02090 Dear Sirs, It is our understanding that NSTAR will begin spraying pesticides in the near future on Cape Cod along rights-of-way. Cape Cod residents learned of these pesticide plans when NSTAR filed a new Vegetation Management Plan in 2008. Following months of public outcry and delay, including a Resolution adopted by the Yarmouth Board of Selectmen showcasing our commitment to a No-Spray, Pesticide Free Policy for vegetation management, NSTAR agreed to a moratorium on herbicide spraying through the end of 2012. The Town of Yarmouth recognizes that herbicide treatment can be less expensive in the short term; however, the use of herbicides to control vegetation growth along rights-of-way on Cape Cod is an unnecessary risk for public health and the environment. The short-term financial benefits are far outweighed by the long-term liability for risks posed to precious drinking water, the health of Cape Cod communities, and the safety of workers. The Yarmouth Board of Selectmen's 2010 Resolution of request has not changed to date and therefore the Town requests that NSTAR abandon its current plan to use herbicides along rights of-way on Cape Cod and continues our commitment to a no-spray, pesticide-free policy of vegetation management on Cape Cod and the Islands. Thank you for your consideration and for your interest in the concerns of the citizens of Yarmouth and Cape Cod. Eh/1 TO: Yarmouth Board of Selectmen FROM: Joyce Flynn RE: October 11 Eric Bibler and Peter Kenney allegations DATE: October 17, 2013 I’m writing to call your attention to the deliberate misrepresentations by Eric Bibler and Peter Kenney of a recent letter from Rebecca Tepper at the Mass. Dept. of Public Utilities (“DPU”) to the Cape Light Compact. The letter from Ms. Tepper makes clear that it is “As part of our analysis of pending municipal aggregation plans” that the DPU is contacting the Compact. The Compact was asked to “review the municipal aggregation plan and determine whether the Compact should file a revised plan,” especially since some language such as “standard offer” and “Commonwealth Electric” are now historical rather than contemporary references. The DPU will be making a future determination in the case of the City of Lowell’s Municipal Aggregation and the Compact will need to review its aggregation plan to confirm it is in accordance with that decision--not from any proceeding involving the Compact. This factual context is distorted by Mr. Bibler to suggest that the DPU shares Mr. Bibler’s assertion that the work of the Compact “is now, and always was, illegitimate; poorly conceived; fundamentally unsound; dishonest; and corrosive to the public’s faith and trust in government” (Bibler, p.3, 2:47 PM email dated October 11, 2013 ). Mr. Bibler is fighting renewable energy installations nationally and is attempting locally both to pressure the Assembly of Delegates to refer the Compact to the Inspector General and to alarm towns with CVEC contracts for solar installations. I’m appalled that here in Yarmouth Peter Kenney has made the whole attack uglier and more personal by circulating Mr. Bibler’s email with the following preface: Gee whizz...all these dopes had to do was play nice with the citizens they are commanded to serve. Just tell the truth, disclose what should be public information anyway. I wonder how Eric Tolley, chair of the Yarmouth BOS, feels now after he originally said he would hold a hearing to review CLC and CVEC matters then pulled the item from the agenda at the last minute. Good going Eric. This is great news...nice play by the I. G. And A. G. PAK Mr. Kenney confuses the DPU’s work with that of the Inspector General (whose mission is “to prevent and detect fraud, waste, and abuse in government”) and uses that incorrect association as an attempt to shame both the Compact and BOS chair Erik Tolley. Neither the Compact nor Mr. Tolley deserve this treatment. As chair, Erik Tolley has been courteous and uniquely committed to allowing members of the public their say; Mr. Kenney in particular has no basis for complaint in that regard. Thank you for reading. I try not to waste BOS time in packet reading or in public comment period, but this rose above (sunk below?) the usual level of attacks. THE COMMONWEALTH OF MASSACHUSF~TTS DEPARTMENT OF PUBlJC UTILITIES DF.\'AI. L. I'ATRIC:.I< ONE SOUTH STATION ANN G. BERWICK <.~OVIiRNOR CHAIR BOSTON, MA 02110 (617) 305-3500 JOLETJ'F: A. WESTIIUOOK RJCII.\RD K. SliU.l\'AN, Jlt COMMISSIONER SECRETARY OF l!NiiROY AND 1\NVIRON?.tl!NTAJ , AI'!' AIRS UA\'JD W. C,\SH COMt.llSS!OMiR August 27, 2013 VJA FIRST CLASS MAIL Jeffrey M. Bemstein, Esq. Jo Ann Bodemer, Esq. Audrey A. Eidelman, Esq. BCK Law, P.C. One Gateway Center, Suite 809 Newton, Massachusetts 02458 RE: Cape Light Compact Municipal Aggregation Plan Dear Attomeys: As you know, G.L. c. 164, § 134 requires municipalities aggreg~ting the electric loads of their residents to have a plan approved by the Department of Public Utilities ("Department'') that describes the aggregation program's stmcture, operations, and funding. City of Lowell Municipal Aggregation, D.P.U. 12-124, Interlocutory Order on the Attomey General's Motions to Compel Discovery at 16 (April4, 2013). As part of our analysis of pending municipal aggregation plans, the Department has l'eviewed the Cape Light Compact's ("Compact'') municipal aggregation plan and notes that the plan, originally approved by the Department in Cape Light Compact, D.T.E. 00-47 (2000), may no longer fully and accurately reflect the Compact's ctment operation ofits municipal aggregation program. Please review the municipal aggregation plan and detennine whether the Compact should file a revised plan to reflect the municipal aggregation program's current structw·e and operations. In order to minimize customer confusion and ensure that the municipal aggregation plan adequately describes the program, the Compact, at a minimum, should consider removing references to standard offer service and Conunonwealth Electric Company. Prior to filing a revised municipal aggregation plan with the Department, the Compact should complete any required consultation with the Department of Energy Resources and obtain any necessary governing board approvals, pursuant to G.L. c. 164, § 134(a). The t·evised FAX: ((il7) 34S-910J W'ltw.mass.gov/dQu Cape Light Compact Municipal Aggregation Plan Page2 August 27, 2013 municipal aggregation plan must comply with any applicable laws, regulations and Department ·precedent, including the Depa11ment's Orders in City of Lowell Municipal Aggregation, D.P.U. 12·124. Thank you for your attention to this m cc: Steven Venezia, Deputy General Counsel, Department of Energy Resources Jesse Reyes, Division Chief, Office oftbe Attorney General John Habib, Esq., Keegan Werlin LLP Secretary Mark D. Marini Department of Public Utilities One South Station - 5th Floor Boston, Massachusetts 02110 October 7, 2013 DPU 13-88 Re: Comments on the Potential Adverse Impacts to Town of Brewster, to Other Cape & Vineyard Electric Cooperative (CVEC) Member Host Towns, and to Cape Light Compact (CLC) Ratepayers from DPU Approval of Application(s) For the Transfer of Net Metering Rights from Host Towns to CVEC Re: Precarious and Unstable Financial Condition of CVEC; Chronic Losses of CVEC; Dubious Financial Relationship and Dependency of CVEC Upon the Cape Light Compact (CLC) Re: Failure of the Department of Public Utilities to Provide Reasonable, Appropriate and Necessary Regulation and Oversight of the Cape Light Compact , and, By Extension, the Cape & Vineyard Electric Cooperative, For the Purpose of Safeguarding the Interests of CLC Ratepayers Dear Secretary Marini: I am writing to offer my comments to the Department of Public Utilities under DPU 13-88 regarding the Application by the Town of Brewster for approval by the Department of Public Utilities of a transfer of net metering capacity to the Cape and Vineyard Electric Cooperative, Inc., pursuant to G.L. c. 164, § 139(h). I am also enclosing several pertinent Exhibits that are referenced in these comments (see Exhibits 1 through 19). As you know, the DPU has received virtually identical Applications for approval of the transfer of similar net metering rights to CVEC from numerous other Host Towns under DPU dockets13-- ‐87, 13-‐91, 13-‐94, 13-‐95, and 13-‐96. Although I understand that the opportunity for comment on these other proceedings has officially closed, it is also my understanding that the DPU has yet to issue any rulings in these proceedings. Since the DPU has not issued any final rulings in these parallel proceedings, I urge the DPU to set aside the adjudication of these requests until after the DPU has had an opportunity to consider the considerable risks that may ensue from any such approvals. Please note that the significant potential adverse consequences that may ensue from approving such a transfer of municipal net metering rights to CVEC that are enumerated below would apply equally to all of these other proceedings. Comments and Conclusions --In a nutshell, I believe that the Cape & Vineyard Electric Cooperative is a financial house of cards that is on the verge of imminent collapse. 1 --I believe that it would be foolhardy for any Town to expose itself to the unpredictable, and unquantifiable, risk of embarking on a 20 year partnership with CVEC and a host of other participants and lenders which requires that the Host town transfer its municipal net metering rights to CVEC. --I believe that the DPU has not done its proper due diligence in assessing these proposals and has no comprehension of the actual risks involved. --Even worse, I believe that the DPU has completely abdicated its responsibility to regulate and oversee the activities of the Cape Light Compact, whose current operations do not even remotely resemble the program that was approved by the DPU pursuant to the filing of CLC’s original Aggregation Plan in the Year 2000. In my opinion, the DPU has been grossly negligent and willfully blind in its failure to make appropriate inquiries or to investigate the substantive and well-documented concerns of the public regarding CLC’s past, and current, activities. --I believe that the formation of CVEC by the Cape Light Compact on September 12, 2007 was ill advised, at best, and that it may even have been illegal. Certainly, the formation and sponsorship of CVEC as a “municipal electric cooperative” by CLC was not part of the original Aggregation Plan approved in the year 2000 (00-47) nor was this initiative ever examined or approved by the DPU. --CVEC has run chronic losses since its inception. It has no significant revenues and no assets, other than a modest amount of cash on its balance sheet that was donated to it previously by the Cape Light Compact; nor will CVEC ever have any significant revenues or operating profits, under the terms of its proposed projects, even if all of the projects are built. --CLC, the municipal aggregation regulated by the DPU, has provided 100% of the working capital for CVEC through its collection, and periodic disbursements, of CLC Ratepayer funds to CVEC, which funds are raised by CLC primarily through the imposition of an excessive, unnecessary and unauthorized “mil adder” surcharge upon all CLC ratepayers. --CVEC is, in fact, completely dependent upon these periodic cash transfusions from CLC to replenish its perennially depleted capital, to ensure its continued financial solvency and to salvage CVEC’s precarious viability as a going concern, as CVEC lurches along under the combined burdens of its astounding legal expenses and a never-ending string of failed projects. In the absence of such continuing, and perpetual, financial support from the Cape Light Compact, CVEC would promptly become insolvent and fail. --Although theoretically CVEC could raise capital from its municipal members – as it should have done originally, rather than to use other people’s money to pursue its grand ambitions – this would be virtually impossible, in practice. As one becomes more familiar with CVEC’s finances and its project proposals, it is not difficult to comprehend why CVEC’s municipal members (including he Host Towns) have no interest in participating in this “municipal cooperative” unless someone else provides all of the risk capital to fund the entire adventure, for, in reality, it is nothing more than a hollow shell. --To date, the Cape Light Compact has provided CVEC with at least $3.2 million in CLC ratepayer funds on an unrestricted, non-recourse basis, in the form of “member 2 contributions” or “grants” – i.e. outright donations from CLC to CVEC with no strings attached. The municipal members of CVEC, including the “Host Towns” for CVEC projects (such as the Town of Brewster in the instant proceeding) have each contributed a mere $25 apiece to the enterprise in the form of a one-time “membership fee” – a grand total of $500. --CLC and CVEC have often repeated the simplistic mantra that what is good for the member towns of CVEC is good for all of the ratepayers of CLC – and even for all of the electricity ratepayers in the Commonwealth of Massachusetts. But it will shock the DPU to learn that even though CLC has provided all of the capital for CLC -- by diverting millions of dollars of CLC ratepayer funds into CVEC’s bank account - - CLC has actually waived the economic benefits that were meant to accrue to CLC from CVEC’s projects, including its promised “10% Minority Interest,” in order to facilitate higher economic returns for CVEC and for the CVEC Host Towns on projects, including the CVEC / Brewster project which provided the catalyst for this proceeding, DPU 13-88, and all of the other similar proceedings referenced above, under DPU dockets13-‐87, 13-‐91, 13-- ‐94, 13-‐95, and 13-‐96. To put it succinctly, the CLC ratepayers have unwittingly provided, and continue to provide, 100% of the capital for CVEC, but receive 0% of the economic returns from CVEC projects. Conversely, the member towns of CVEC have contributed 0% of the capital for CVEC, but receive 100% of the economic benefits from the projects (with the Host Towns, such as Brewster, invariably positioning themselves as the largest pig at the trough). --I note further that the bank lenders in the CVEC deals have actually required CVEC to grant them extensive “step-in rights” that enable one of the participants that the banks have financed (Broadway Electric) to assume certain rights and responsibilities of CVEC in the event of any default by CVEC – an ominous sign. At the very least, this adds an element of risk to these transactions that may not be even remotely understood by the participating Host Towns and is quite likely completely unknown to the DPU. I doubt that the DPU has any knowledge of the details of these Agreements between CVEC, the Host Towns, the venture capitalist, the builder / operator and the bank lenders; or, if the DPU does have knowledge of these Agreements, I doubt that the DPU has devoted any significant time and effort to pondering the almost imponderable adverse consequences that may ensue from these complex relationships if CVEC fails. --I do note that the DPU has finally, at long last, issued a letter to the Cape Light Compact dated August 27, 2013, noting that the Compact’s 13 year old Aggregation Plan “may no longer fully and accurately reflect the Compact’s current operation of its municipal aggregation program.” I note further that the DPU has requested that CLC present a new aggregation plan for DPU review and approval and that the DPU has advised CLC that “the revised municipal aggregation plan must comply with any applicable laws, regulations and Department precedent, including the Department’s Orders in City of Lowell Municipal Aggregation, D.P.U. 12-124.” 3 --As you know, the Office of the Attorney General – Ratepayer Advocacy Division has registered some rather strong complaints about many elements of the proposed Lowell Aggregation Plan in DPU 12-124, including provisions that are virtually identical to many elements in CLC’s current manner of operating. Perhaps this should not be surprising since CLC is regularly touted as an unqualified success and has served as a template for many recent imitators. But, in fact, as the DPU has recently noted, since CLC is operating in a manner that is not consistent with its original aggregation plan, CLC is essentially operating without an approved aggregation plan. --One of the elements that the DPU will certainly not find in CLC’s original aggregation plan is any DPU approval of the Cape Light Compact’s decision to assess a whopping surcharge of “one mil” on all CLC ratepayers – raising approximately $1 million to $1.2 million per year – to be used for any purpose “at the discretion of the CLC Governing Board.” As the DPU will soon learn, CLC’s secretive procurement and use of these funds has been the source of no end of mischief. --A second element that the DPU will not find in CLC’s original aggregation plan is a blanket authority for the plan administrator – i.e. the executive branch of the Barnstable County government – to change the amount of the mil adder, at will, in the absence of any public hearings or public disclosure. --A third element that you will not find in CLC’s original aggregation plan is any provision for CLC to divert millions of dollars in CLC ratepayer funds to CVEC – with no tangible benefit to the ratepayers of CLC – for the logical reason that CVEC was not formed until seven (7) years after CLC’s original plan was approved by the DPU; and because, as will be shown, CVEC was secretly capitalized with CLC ratepayer funds without the approval of the CLC Board, much less the DPU. In view of the fact that CLC’s ability to continue its “current operation” of diverting huge sums of CLC ratepayer funds to CVEC and CVEC’s continued survival -- are both completely dependent upon the willingness of the DPU to approve these radical changes to CLC’s original aggregation plan, I respectfully suggest that it would be prudent for the DPU withhold approval for any transfers of net metering rights by Brewster, or any other CVEC Host Town, to CVEC until CLC’s “revised” aggregation plan can be reviewed and approved by the DPU in some acceptable form. I respectfully suggest that it would be irresponsible for the DPU to approve this request by the Town of Brewster, or any similar requests by other Host Towns for approval to transfer net metering rights to CVEC, while CVEC’s future viability is in doubt. I also respectfully suggest that the DPU has appeared, until recently, to be wholly ignorant, and seemingly indifferent, to the ongoing questions and substantive concerns about the fundamental legitimacy of CLC’s “current operation” as a municipal aggregation, including CLC’s highly unorthodox diversion of several millions of dollars in CLC ratepayer funds to CVEC. Now, at long last, I hope that the DPU will appreciate that there is urgent and important work to be done by the DPU on behalf of the 200,000 electricity ratepayer members of the Cape Light Compact in order to ensure that their interests are protected and well-served; and that 4 for the DPU to adjudicate this request by the Town of Brewster under DPU 13-88 -- or any of the related requests of other CVEC Host Towns -- for permission to transfer their municipal net metering rights to CVEC at this time would clearly putting the cart before the horse and subjecting the Host Towns to unnecessary risk. Exhibits in Support of This Public Comment Exhibit 1: Letter Dated 8/27/2013 from DPU to Cape Light Compact As noted above, the DPU has recognized that the Cape Light Compact is not operating in a manner consistent with its original aggregation plan (DTE 00-47). The DPU has asked CLC to review its current operations and to file a “revised” aggregation plan for review and approval by the DPU. Additionally, the DPU has noted that the revised plan must be consistent with all applicable laws, regulations and precedents, specifically including the DPU’s (as yet unissued) Orders in City of Lowell Aggregation, DPU 12-124, which, as the letter notes, will constitute the most recent precedent ruling by the DPU for municipal aggregations. The Department’s Orders in DPU 12-124 are, of course, unknown. Having said that, it is worth noting the Office of the Attorney General Ratepayer Advocacy group, the public ratepayer advocate, has raised numerous, substantive objections to proposed plan by City of Lowell – a plan which closely resembles the “current operation” of the Cape Light Compact. The AGO has, in fact, recommended that the proposed plan be withdrawn and that a new aggregation plan be submitted in its place to correct the plan’s perceived deficiencies -- all of which are common to CLC’s current operation. Since DPU has noted that CLC is not operating under the original plan and has asked CLC to submit a “revised” plan, it appears that CLC is essentially operating in the absence of an approved aggregation plan – and will continue to do so, pending the submission by CLC of a plan proposal; a review of the plan proposal by the DPU (which review will include the vigorous participation of the AGO Ratepayer Advocate); and the ultimate approval by the DPU of some form of “revised” Plan, which may, or may not, include all of the unorthodox components of CLC’s “current operations,” including its financial sponsorship of CVEC. Please note that the single largest component of CLC’s “current operation” consists of its use of the CLC ratepayer funds that are collected through a generous “mil adder” to provide CVEC with annual “grants” averaging approximately $500,000 per year (including $402,000 for FY2014), in an aggregate cumulative amount of over $3 million, as of this date, with no end in sight. As noted above, CLC has made an enormous financial “investment” in CVEC and has committed to continue financing CVEC’s operations indefinitely -- even though CLC has explicitly forfeited any possible economic benefit to CLC ratepayers from these “investments” of their funds. Additionally, both CLC and CVEC have recorded absolutely massive ongoing legal and development expenses – at all levels of their operations – which gives rise to obvious questions as to whether any true benefit will ever actually accrue to the CLC ratepayers from these expenditures. Please note that the combined legal expenses of CLC and CVEC since the inception of CVEC have totaled several million dollars. At the very least, it appears obvious from the DPU’s letter to CLC on August 27, 2013 that CLC will be obligated to present, and defend, a “revised” aggregation plan and that the DPU and the AGO Ratepayer Advocate will want to give close scrutiny to CLC’s financial relationship with 5 CVEC. Let’s just say that it might be imprudent for all concerned to assume that there will be no objection to CLC’s current manner of operating when CLC finally presents its “revised” aggregation plan to the DPU. Exhibit 2: CVEC Posts Chronic Losses CVEC has posted chronic operating losses totaling at least $2,552,923 since its inception on September 12, 2007. Additionally, CLC has publicly admitted that it has made direct payments of some indeterminate amount of some of the legal and development costs for CVEC’s projects -- which CLC adamantly refuses to disclose -- over and above the $3,069,422 in outright “grants” to CVEC. An analysis of CLC’s accounts indicates that CLC also made an additional $68,680 in undisclosed payments to CVEC for reasons that are not known and that CLC has transferred an additional $100,000 in cash to an Escrow Account at TD Bank to back a Letter of Credit on behalf of CVEC, for the purpose of guaranteeing CVEC’s obligations to Con Edison Solutions (which is also the power supply provider to Cape Light Compact) in connection with some small rooftop mounted solar energy projects. (Some of this information on payments from CLC to CVEC has been summarized in Exhibit 3: Summary of Financial Information NOT Disclosed by CLC and CVEC.) Although CVEC had a cumulative net loss from inception through FYE2013 of $2,552,923 – according to conventional GAAP accounting – CVEC falsely reported cumulative “Net Income” over this period of $313,754 in its Annual Reports to CVEC members, to the Special Committee of Inquiry and to the general public after employing its own unorthodox and creative accounting methods. The reason for this glaring discrepancy is that CVEC has inexplicably reported the “Member Contributions from Cape Light Compact” – the $3,069,422 in “grants” or “donations” of CLC ratepayer funds to CVEC that should have been classified as contributions to capital – as “Revenue.” In fact, CVEC did nothing to “earn” this “Revenue” and, in fact, it is not “Revenue” in any sense of the word. CVEC’s “Annual Reports” also make numerous material omissions of information that is essential to understanding CVEC’s true financial condition – a fundamental violation of accounting principles. So, for example, CVEC does not disclose that all of its “Revenue” was actually provided by CLC – which, in turn, obscures the stark fact of CVEC’s financial dependency upon CLC. In fact, as an alternative set of audited financial statements prepared for CVEC by Sullivan & Rogers, the auditors for Barnstable County, makes clear, these “grants” by CVEC should properly be considered “Member Contributions from Cape Light Compact” – i.e. contributions to CVEC’s capital account to repair the damage done by CVEC’s operating losses – and not as “Revenue.” 6 Suffice it to say that this Exhibit showing CVEC’s chronic losses, in combination with other Exhibits to be summarized below, provides ample proof that CVEC is not self-sustaining and is, in fact, completely dependent for its survival upon continued capital contributions from CLC. By extension then, CVEC’s future survival is also completely dependent upon the willingness of the Department of Public Utilities to bless CLC’s “Revised Aggregation Plan” which has yet to be delivered, reviewed or approved. CVEC’s future survival is nothing short of a naked gamble that the DPU will agree to allow CLC to continue diverting hundreds of thousands of ratepayer funds to CVEC each year, for the foreseeable future, to pay all of CVEC’s bills. Exhibit 3: Summary of Financial Information NOT Disclosed by CLC and CVEC In January of 2013, the Assembly of Delegates (the Barnstable County legislature) voted to intervene on behalf of a frustrated Sandwich resident whose efforts to obtain some basic information on the finances of the Cape Light Compact and the Cape & Vineyard Electric Cooperative had been met with fierce resistance from CLC and CVEC. The Assembly issued two virtually identical records requests on behalf of its constituent from Sandwich and obtained some of the records that it requested from the CLC and CVEC – albeit only with great difficulty and not in the form in which they were requested. CLC provided some of the information requested -- but neglected to mention that it had provided only an incomplete list of all of the accounts in CLC’s Chart of Accounts, rather than the full Chart of Accounts. Additionally, after the records were provided, it was apparent that some of the “mil adder” funds collected and disbursed by CLC were “missing” and unaccounted for -- some $762,000 in receipts). Despite numerous requests from me, and from others, CLC, to this date, has never provided the missing information on these collections of ratepayer funds, which remain undisclosed. Finally, it should be noted that CLC redacted all information on millions of dollars worth of receipts and expenditures, claiming that the information was “proprietary and confidential.” CVEC, for its part, simply ignored the Assembly’s request entirely until some Delegates insisted that the Speaker follow up and reiterate the request. The initial records request was made to the County Treasurer -- who is also the Treasurer of CVEC – who, in turn, passed the request along to the CVEC President, claiming that the President of CVEC was “the Keeper of the CVEC Records” (including, apparently, the financial records that the County Treasurer / CVEC Treasurer himself personally maintained for CVEC). After being prodded by the Speaker to furnish a response, the President of CVEC and “Keeper of the CVEC Records” finally provided a rudimentary report that bore almost no relation to the information that was actually sought (a report akin to a checkbook ledger). Additionally, it was so heavily redacted to remove “proprietary and confidential” information, that this report proved almost utterly useless (see further information below on Exhibit 4). 7 I obtained copies of these reports and summarized some of this information on CLC and CVEC (most of which has never been publicly disclosed) in tables which I provided to the Assembly of Delegates and all CLC and CVEC municipal members – as a public service – as shown in Exhibit 3. Exhibit 4: CVEC Cash Account Analysis / Redacted Items This Exhibit 4 provides a summary and analysis of some of the information mentioned above which was provided by the “Keeper of the CVEC Records,” in response to the request by the Assembly of Delegates when it attempted to intervene on behalf of the resident of Sandwich. Please note that CVEC has redacted, or withheld, information relating to $651,068 in expenses and $2,534,871 in deposits. It appears from this ledger that CVEC had made cumulative payments of $1,641,520 to BCK Law, the “mutual counsel” of CLC and CVEC, since inception, as of the date of these reports. It can be assumed that these invoices were paid from funds donated to CVEC by the “mutual counsel’s” other client, the Cape Light Compact, for the simple reason that CVEC has no other funds. The ledger also showed that a CVEC consultant who testified before the Special Committee of Inquiry on CLC and CVEC on February 1, 2012 and stated that she had done some work for CVEC in the past, but had not done any work for CVEC for “quite some time” had, in fact, collected significant payments from CVEC immediately before and after this statement at a public hearing. Additionally, the ledger shows some activity that relates to the $100,000 in funds that was provided by the Cape Light Compact to fund the Escrow Account at TD Bank that guarantees CVEC’s Letter of Credit to Con Edison Solutions. Everything else is clear as mud. Exhibit 5: CLC / CVEC / Barnstable County “Member Services Agreement” dated August 8, 2007 As the principals of CLC are fond of saying, CVEC was founded “to do things that CLC wanted to do, but was not legally permitted to do.” Indeed, in my interpretation, CLC responded to this statutory impediment, which prevented CLC from doing “the things that it wanted to do” – like building an empire as a renewable energy producer with other people’s money, in addition to fulfilling its more mundane duties as the administrator of a municipal aggregation of electricity consumers -- by organizing and launching CVEC as a shell company, as a “municipal electric cooperative,” which actually served as an extra-legal extension of CLC. Though CVEC was ostensibly founded as an “independent” entity -- with CLC retaining only a 10% “minority interest” in CVEC for cosmetic purposes -- the fact of the matter is that CVEC is now, and always was, under the complete control of the Cape Light Compact, if for no other reason than the fact that CLC supplies 100% of CVEC’s capital. 8 From the inception of CVEC in 2007 until very recently, both CLC and CVEC were run by the same executive administrator, Ms. Margaret Downey, who is an Assistant County Administrator for Barnstable County and the current CLC “Compact Administrator.” From inception, the law firm of BCK Law has served as general counsel to both entities – notwithstanding the provisions to the bylaws of both CLC and CVEC (which were adopted long after this arrangement had become established practice) that specify that such “mutual counsel” may only be employed from time to time, under certain circumstances, and subject to a prescribed approval process. Initially, there was substantial overlap in the members of the respective Boards of Directors of CLC and CVEC and there still remains a complicated web of various other intertwined relationships between bosses, subordinates, junior employees and county commissioners in place. It should also be noted that one Barnstable County employee – Mr. Mark Zielinski, the County Administrator / Treasurer – is currently also serving as: a) the Barnstable County representative to the CVEC board, appointed by the County Commissioners, with a permanent seat the CVEC Executive Committee; b) the CVEC Treasurer; c) the Fiscal Administrator for both CLC and CVEC (effectively overseeing his own work as Treasurer of CVEC); and d) the immediate superior of the Compact Administrator (from the county perspective), since she is the Assistant County Administrator. Similarly, one of the County Commissioners, William Doherty, is a long-serving member of the CLC Board with a permanent seat on the Executive Committee – appointed by himself and his colleagues (thus serving in both an appointive and supervisory capacity) – and was, until recently, also the CLC Chairman. Ms. Downey, as noted, is the Assistant County Administrator and the Compact Administrator who runs CLC on a day-to-day basis. Ms. Downey also served as the Executive Administrator of CVEC from its inception in 2007 until a few short months ago (and before that, during its formation process) – effectively running both CLC and CVEC from the time of their respective formations. Both Mr. Zielinski and Ms. Downey serve at the pleasure of the County Commissioners, as does Mr. Doherty – sort of – since he serves in both an appointive and supervisory capacity as the Barnstable County appointee to CLC / County Commissioner. And this is just the tip of the iceberg -- but should suffice to make the point. In 2006, CLC hired a consultant called La Capra Associates to help it explore the idea of forming a “municipal cooperative” – CVEC -- to do the things that CLC “wanted to do but was legally prohibited from doing.” The consultant suggested a few alternative structures in his “Phase I” report and suggested that CLC determine if any of them were feasible, or preferable, and then hire the consultant to work on a detailed plan for implementation. The consultant specifically noted that the new cooperative (which became CVEC) would require substantial capital to “do the things it wanted to do,” such as building large projects or entering into long-term energy contracts. Counterparties just don’t want to engage in these sorts of long- 9 term activities with an entity that loses money all the time and has no capital – and with good reason. The consultant noted that the cooperative could solve this problem one of two ways. It could: a) raise a substantial amount of capital from the members of the cooperative through a subscription process; or b) it could have its activities guaranteed by a very creditworthy third party – like Barnstable County. CLC thanked the consultant for his time and effort and decided that there was no need to complete “Phase II” of the work – i.e. to formulate a business plan. They decided just to proceed directly to the formation of CVEC without a plan. Equally mysterious and baffling was the fact that CLC simply ignored the entire question of how to capitalize the entity. Where did they expect the capital to come from? CVEC apparently never approached members of the Barnstable County government about guaranteeing the obligations of CVEC (or did so privately). There was a brief mention of some possibility that CVEC might be “earmarked” for some federal grant money to provide initial capitalization, but this idea never went anywhere. Nonetheless, CLC proceeded with all of the necessary legal expense and filings to create CVEC – seemingly with no apparent concern as to where CVEC was going to obtain the “substantial capital” it needed to do the Big Things that it wanted to do – or even to pay monthly expenses (like legal bills). Finally, in August or September of 2007, all of the paperwork appeared to be in order. But what to do for capital? The answer to that question was provided on August 8, 2007 when key management figures of the Barnstable County government, including the sitting County Commissioners (including Mr. Doherty, the representative to CLC); Mr. Zielinski, the County Administrator / Treasurer (also the newly anointed CVEC board representative, CVEC Treasurer and Fiscal Administrator to both CLC and CVEC); Ms. Downey, the Assistant County Administrator (also the Compact Administrator; and, now, the newly annointed Clerk of CVEC); executed an Agreement with Mr. Robert Mahoney, then Chairman of CLC; and Mr. Charles McLaughlin, the new President of CVEC (representing CVEC’s third founding member, Town of Barnstable); called a “Member Services Agreement.” On this date, through the execution of this “Member Services Agreement,” the Cape Light Compact pledged to provide $500,000 in CLC ratepayer funds to CVEC, on the authority of Mr. Mahoney and the Barnstable County Commissioners (who must approve all CLC expenditures, as CLC’s Fiscal Agent), with the cheerful assistance of Mr. Zielinski, Ms. Downey and Mr. McLaughlin – and, of course, the “shared legal counsel” of CLC and CVEC. There was just one small hitch: the signatories never informed the Board of Governors of the Cape Light Compact of this plan; nor did they seek, or obtain, the approval of the Cape Light Compact Board members (who are technically the “Community Representatives” of all of the CLC Ratepayers in their respective jurisdictions) for this substantial commitment of CLC ratepayer assets. 10 In written and oral testimony before the Special Committee of Inquiry on CLC and CVEC on February 1, 2013, Mr. Mahoney falsely asserted that he had received the approval of the full CLC Board for this action and invited the members of the Special Committee to examine the CLC minutes for this period. Later, although CLC did not retract this statement, CLC continued to assert that Mr. Mahoney had properly exercised the authority of his office by committing $500,000 in CLC Ratepayer funds in this manner through the execution of the “Member Services Agreement.” CVEC had its initial capitalization; and the CLC Board members were none the wiser (at least not until it had become a fait accompli). According to the CLC minutes, this extraordinary action was never actually discussed by the CLC Board – not counting some cryptic references from one CLC Board Member a year and half later who seemed rather insistent upon having some “accounting” for the funds that had been “provided” to CVEC. When I submitted a public records request for copies of all documents and correspondence relating to the deliberations of the CLC Board on this matter, or to the process by which the CLC Board members were informed of this event, CLC responded that there were “no documents responsive to this request.” Exhibit 6: Authorization of the Barnstable County Commissioners for the County Treasurer to Open an Escrow Account for $100,000 in Order for the County to be the Guarantor for a Letter of Credit for CVEC (March 4, 2009). On March 4, 2009, the Barnstable County Commissioners voted to authorize the County Treasurer, Mr. Zielinski (also the Treasurer of CVEC) to open an escrow account at TD Bank in the amount of $100,000 “for the County to be the guarantor in a letter of credit for the Cape & Vineyard Electric Cooperative, Inc.” One of the things that CLC might like to do, but is legally prohibited from doing as a municipal aggregation, is to borrow money or to guarantee the obligations of others. CVEC needed a Letter of Credit to guarantee certain long-term contractual obligations to Con Edison Solutions (which also happens to be CLC’s electricity vendor) on small scale, roof mounted PV installations . Con Edison (CES) didn’t trust CVEC’s credit – nothing personal – and wanted a Letter of Credit to guarantee performance under the contracts. From this entry in the County Commissioners’ minutes – and from the Note to CVEC’s Audited Financial Statements From Inception through FY2010 prepared by Sullivan & Rogers (see below), it seems that CVEC asked Barnstable County to put money in escrow at the bank, on CVEC’s behalf, to guarantee the L/C. Or did they? In fact, this is false – or grossly misleading, at best. What actually happened was that the CASH that was placed into an escrow account at TD Bank - - to guarantee the Letter of Credit for CVEC -- was secretly provided by the Cape Light Compact. 11 As accounting records provided by CLC to the Barnstable County Assembly earlier this year clearly show, the cash came from CLC – not Barnstable County (see Exhibit 3 above). The cash came through Barnstable County because Barnstable County is the Fiscal Agent for CLC and because CLC is an “agency account” on the books of Barnstable County. But the cash on escrow at TD Bank – which was put at RISK to guarantee CVEC’s obligations under the Letter of Credit with Con Edison Solutions – belongs to CLC and was collected from the CLC ratepayers. Just to be sure that there are no lingering doubts on this point, I refer you to CLC’s recently completed and released Audited Financial Statements for 2011 (by Sullivan & Rogers) which clearly state, in Note 3 to the financial statements, that: “The County Treasurer maintains separate bank accounts and an investment (repurchase agreement) for the Compact’s energy efficiency funds and line of credit maintained for the Cape & Vineyard Electric Cooperative (CVEC). All other Compact funds are included in the County’s pooled cash.” The Note goes on to report that CLC maintained a balance of $100,388 in the “Escrow account” that guarantees the CVEC Letter of Credit. It is not clear how the County Commissioners, the County Treasurer, CVEC’s auditors – or anyone – can possibly characterize this Letter of Credit as being “guaranteed by Barnstable County” when the money in the Escrow belongs to the Cape Light Compact. What is clear is that CLC’s cash was withdrawn from the “pooled funds” maintained on its behalf by Barnstable County and placed at TD Bank in an escrow account to guarantee a contractual financial obligation of CVEC. Exhibit 7: The CLC Board Crosses the Rubicon – With Great Trepidation -- And Makes It’s First “Grant” to CVEC (July 22, 2009) In recent years, CLC and CVEC have habitually referred to CVEC as if it were a subsidiary operation of the Cape Light Compact and have stated in various public documents and in answers to “Frequently Asked Questions” that CLC “finances” CVEC. In fact, CLC even provided this simplistic and misleading characterization of the relationship between CLC and CVEC to the Office of the Attorney General in defense of CLC’s claim it was justified in convening an executive session on March 23, 2011 for the purpose of making a secret emergency appropriation of $335,792 to CVEC on that date (see OML 2012-81). The AGO’s opinion accepted as “fact” CLC’s contention that CVEC grew from a “Strategic Plan” for CLC and that “CLC finances CVEC.” But it wasn’t always that way. As seen above, the “Initial Capitalization” of CVEC was actually accomplished without the informed consent, participation or formal approval of the CLC Governing Board. And as can also be seen from the official minutes of the CLC Governing Board for July 22, 2009 – the date that the CLC Board voted the first of several unrestricted “grants” for CVEC – there 12 were some serious misgivings about the practice of making “grants” to CVEC from the very beginning. The minutes for this meeting show that a majority of the CLC board members preferred to make this first “grant” a “loan” – rather than a “grant.” In the end, the decision to provide the funds to CLC as a “grant” instead of a “loan” prevailed on a weighted voting system by a razor thin margin of less than ½ of 1%. Over time, as CVEC encountered increasingly strong headwinds in its efforts to implement its projects – which is a euphemistic way of saying that as CVEC continued to lose money at an ever increasing rate, even as all of its project proposals were rejected or denied – the practice of providing “grants” to CVEC seemed to become habit forming. I personally believe that this was simply a normal and familiar manifestation of the human tendency to throw good money after bad, rather than to have to confess the loss of such enormous sums of money – especially public money -- with nothing to show for it. Exhibit 8: Letter to Barnstable County Commissioners / Assembly of Delegates Communicating Deep Seated Concerns About CLC and CVEC (April 27, 2011) As CVEC aggressively pursued the installation of various wind energy projects (using the CLC ratepayer funds provided to CVEC by the obliging CLC Board, “to do the things that CLC was not allowed to do,” people wanted to learn more about them. I was one of those people. I began to wonder who funded CVEC and how CVEC could propose to build the enormous projects that it proposed to build, including two wind energy installations whose estimated cost was $10 million each. I began to ask some basic questions, looking for bylaws and financial statements for this public body, to explain these mysteries. CVEC did not publicly disclose any financial information and was not being cooperative in providing it. CVEC did not publish its bylaws. I encountered resistance and hostility from CVEC – and later CLC – in response to the most rudimentary questions and documents requests. Here was a public body that proposed to install two 410 foot wind turbines in the Town of Brewster at a projected cost of $10 million and their financial condition, their financial projections, their ability to borrow money, their bylaws and their governance were all nobody’s business. A large group of citizens, including Mr. Preston Ribnick, appealed to the Barnstable County Commissioners for help since the people who were stonewalling the public on these inquiries were Barnstable County employees (Ms. Downey and Mr. Zielinski) and one of the County Commissioners (Mr. Doherty). Regrettably, Mr. Doherty -- who was then Chair of the County Commissioners, in addition to being the Chair of the Cape Light Compact – refused to place this topic on the agenda of the County Commissioners for 14 straight weeks and refused to respond to repeated public requests 13 from members of the public, during the public comment period of the Commissioners’ meeting, that the Commissioners discuss this matter. Chairman Doherty limited public comment to three minutes, cut them off in mid sentence at the three-minute mark, and then simply ignored them all. I wrote a letter to the County Commissioner and the Barnstable County Assembly of Delegates on April 27, 2011 in an attempt to communicate the seriousness of these concerns and the corrective actions that were needed (Exhibit 8). The County Commissioners did nothing. Actually, they met behind closed doors in executive session with Ms. Downey, Mr. Zielinski and the “mutual counsel” of CLC and CVEC (under the pretext of discussing CVEC’s “litigation strategy” for Brewster wind) and emerged to declare that the County Commissioners had no jurisdiction over CLC and CVEC. They washed their hands of the entire affair. As officials from the DPU can appreciate, this seemed an extremely odd reaction since Barnstable County is actually the Administrator of the municipal aggregation through this executive branch of the county government; and since, as Fiscal Agent, the County Commissioners must approve all disbursements of funds! Some members of the county Assembly of Delegates, on the other hand, began to grow increasingly concerned. Exhibit 9: Citizens Petition Urging an Investigation and Financial Audit of CLC and CVEC In May of 2011, members of the public presented the County Commissioners and the Assembly of Delegates with a Citizens Petition signed by over 300 members of the public seeking greater financial disclosures, openness, transparency and accountability from CLC and CVEC (Exhibit 9). The County Commissioners, predictably, did nothing. The Assembly of Delegates agreed to put the topic on the agenda for an upcoming meeting. The Speaker of the Assembly agreed to allow Bibler and Ribnick 30 minutes to address the Assembly and make a formal presentation of their concerns. Additionally, the Speaker allowed a generous amount of time for public comment and many residents came forward to describe their frustration and to express their concerns. The Assembly responded to these concerns by invoking its power in the Barnstable County Charter to empanel a Special Committee of Inquiry on the Cape Light Compact and the Cape & Vineyard Electric Cooperative to seek further information and to explore these concerns (see further information below). The Special Committee scheduled its inaugural meeting for September 21, 2011 and agreed to the request of CLC and CVEC to allow its representatives to appear and make a formal presentation. CLC and CVEC provided a binder of information to the Special Committee members – which they were reluctant to share with any member of the public – but some members of the public obtained copies of the records and subsequent records supplied by CLC and CVEC through the Clerk of the Assembly (who, for the record, was always the soul of professionalism and cooperation). 14 Exhibit 10: Relevant Documents & Questions for CLC Exhibit 11: Relevant Documents & Questions for CVEC Each new scrap of information provided by CLC and CVEC to the Special Committee provided only a partial explanation of events; was inconsistent with prior explanations of events; or raised troubling new questions. Additionally, as the Special Committee noted in its final Report, the Special Committee did not receive all of the information that it sought; received thousands of pages of information that it never asked to receive; and failed to obtain coherent answers to many of its most important questions. I attended all of the meetings of the Special Committee and obtained copies of all of the documents that were provided by CLC and CVEC as the Special Committee met ten (10) times over the ensuing ten (10) months. I am attaching Exhibit 10 and Exhibit 11, which contain lists of questions and documents that I suggested that the Special Committee seek to answer and obtain. Exhibit 12: Report of the Special Committee of Inquiry on CLC & CVEC Dated May 2, 2012 On May 2, 2012, the Special Committee of Inquiry issued a Final Report of its findings and a list of Recommendations, which were all unanimously approved by every member of the Special Committee. The Special Committee criticized the lack of cooperation of CLC and CVEC in providing (or, more accurately, failing to provide) information and documents requested by the Committee; raised serious concerns about certain dubious transactions and conflicts of interest; and specifically recommended that CLC terminate its financial support of CVEC and that CVEC be immediately severed from CLC as an independent, self-sustaining entity. Chief among these concerns regarding obvious conflicts of interest embedded in the governance structure were: a) the impropriety of diverting CLC ratepayer funds to CVEC in the absence of any tangible benefit to the ratepayers; and b) the impropriety of the use by CLC and CVEC of a "shared legal counsel," not only for legal matters where a specific mutual interest had been identified, but for all of their legal work. This practice of employing a single "mutual counsel" was particularly troubling to the Special Committee members in view of the fact that a large proportion of the ratepayer funds diverted from CLC (Client A) to CVEC (Client B) were needed to pay the invoices of the "shared legal counsel" for work performed on behalf of CVEC. (See Special Committee Report attached and here: http://www.barnstablecounty.org/assembly-of-delegates/committee-reports-and-minutes). One of the core Recommendations of the Special Committee was to refer the entire matter of CLC and CVEC to the Massachusetts Office of the Inspector General for further investigation 15 and review -- especially in the light of the Special Committee's concerns about: a) Certain questionable transactions with CLC's principal power provider, Con Edison Solutions; b) The interconnected financial relationships between CLC, CVEC and Con Edison; c) The questionable propriety of the habitual transfers of CLC ratepayer funds to CVEC; and d) Concerns about obvious conflicts of interest which CLC and CVEC adamantly refused to acknowledge. The Special Committee also recommended that CLC be subjected to a forensic financial audit by an independent auditor to evaluate the transactions that it highlighted and the interconnected finances of CLC and CVEC, particularly as concerns their multifaceted relationship with Con Edison Solutions, the principal power supplier for CLC. Additionally, the Special Committee recommended substantive structural reforms to the existing CLC / CVEC governance and the use of separate counsel. The full Assembly elected to grant CLC and CVEC some more time to improve their financial disclosures and consider the Recommendations of the Special Committee. Exhibit 13: CLC Board Approves Motion to Grant CVEC a Blank Check Through Fiscal 2015 (CLC Minutes of 2012.09.12). CLC and CVEC returned the favor by excoriating the Special Committee, impugning their integrity and their intelligence, demanding an apology and defiantly repudiating all of their Recommendations. For good measure, the CLC Governing Board approved a motion by unanimous consent “to provide grants as requested to CVEC for its operations through FY15 and to notify CVEC of the same in writing” (see Exhibit 13 or CLC minutes of September 12, 2012 here: http://www.capelightcompact.org/about/agendas-minutes/). Although it was unknown at the time, CLC had also secretly voted to commit to funding CVEC through at least FY2015 the previous year, on September 14, 2011 (see CLC executive minutes, since released). The CLC Chairman, Mr. Doherty, invoked the all-purpose Exemption 10 of the Open Meeting Law -- which applies only to “municipal aggregations” and “municipal electric cooperatives” such as CLC and CVEC -- as the “lawful purpose for secrecy” concerning CLC’s secret pledge to provide financial support for CVEC for the next four (4) years (FY2012 through FY2015) through the diversion of CLC ratepayer funds CVEC. Exhibit 14: CVEC Audited Financial Statements from Inception 9/12/2007 Through FY2010 Exhibit 15: Is CVEC’s Accounting Fraudulent? As noted above, CVEC commissioned Sullivan & Rogers to prepare an Audited Financial Statement of CVEC’s accounts from its Inception on September 12, 2007 Through FY2010. 16 CVEC was exploring various borrowing alternatives to finance projects like Brewster Wind and it was expected that the lenders would require CVEC to provide audited statements of its accounts. The Audited Financial Statements produced by S&R differed in many material respects from the versions that CVEC produced in its “Annual Reports” for its own Board of Directors. It does not appear that CVEC was in the habit of providing these “Annual Reports” to anyone, other than the CVEC Board members – not even to the various Appointing Authorities, such as Boards of Selectmen or County Commissioners who appoint the CVEC board members –since numerous attempts by members of the public and members of the Special Committee to obtain the financial records from the Records Custodians of several towns all ended in the same result: no such records pertaining to CVEC, including Annual Reports, were on file at any of the individual towns. CVEC did provide a copy of its “Annual Reports” to the Special Committee and eventually started posting them to the CVEC website (under duress). The most notable defect of the financial statements and the “Annual Reports” produced by CVEC was that they recorded all of the “Member Contributions from CLC” – the capital contributions from CLC -- as “Revenue” from an unidentified source. Not only was the capital received from CLC converted to “revenue,” through the alchemy of CVEC’s accounting, the source of the funds was never disclosed. Thus, even though the Cape Light Compact contributed virtually 100% of the capital for CVEC (not counting the lunch money contributed by CVEC’s municipal members), CVEC omitted all mention of this fact. The conversion of these capital contributions to “Revenue” had another significant consequence: it gave the misleading impression that CVEC was earning money…somehow… and had the effect of masking CVEC’s Operating Losses. What is even more troubling is that CVEC continued to provide this false and misleading presentation of its Statements of Income and Financial Position even after CVEC had received and reviewed the Audited Statements from Sullivan & Rogers, which provided a perfect model for the proper accounting (except for the fact that S&R’s footnotes also failed to acknowledge that the Cape Light Compact was the true Guarantor of CVEC’s letter of credit). I wrote a letter to protest this practice, detailing the discrepancies between the accounting of Sullivan & Rogers – which is sound – and the grossly inadequate, misleading and arguably false presentation of CVEC’s finances in the CVEC Annual Reports I also argued that, under the circumstances, since CVEC had been provided with a model of proper accounting, a reasonable person could conclude that CVEC was knowingly misleading its members and the public (See Exhibit 15: Is CVEC’s Accounting Fraudulent?). CVEC responded to these inquiries by threatening to sue me. 17 CVEC actually convened an Executive Session for the purpose of discussing whether it was worthwhile to sue me for making these “unfounded allegations” and then sent me a warning through Mr. Ribnick (see CVEC Agenda for December 20, 2012). What is even more astonishing is that even though I have been protesting about CVEC’s false and misleading presentation of its financial accounts and its material omissions of information that it is essential to understanding CVEC’s financial position (including its dependence upon CLC for survival) for well over two years, CLC has stubbornly continued to present its financial statements in the same way, to this very day (witness the “CVEC Annual Report for FY2013” issued on September 26, 2013). In fact, over the past two years, CVEC has spared no effort or expense producing very detailed information in its Annual Reports to tout its “progress” in solar energy – with the actual realization of the projects always just tantalizingly out of reach, of course – yet CVEC still provides scant disclosure of material information that is crucially relevant to understanding its finances (see all of CVEC’s financial reports on the CVEC website here: http://www.cvecinc.org/about/cvec-financial-information/). I continue to believe that CVEC’s financial statements do not provide a true or accurate or complete representation of the CVEC’s accounts and that they omit material information that is vital to understanding CVEC’s financial position. So sue me. Exhibit 16: BCK Law Memorandum to Counsel for Participating Towns Re: Status Update and Proposed Changes to Agreements on CVEC_PV Projects (March 11, 2013) Exhibit 17: BCK Law Summary of Proposed Changes to CVEC Solar Documents (March 11. 2013) As these documents make clear, the bank lenders who proposed to finance the construction of the PV projects for Broadway Electric have expressed considerable concerns regarding a potential default by CVEC. As the Memorandum notes, this issue was raised by the original lending group lead by WestLB: “In May 2012, counsel to Rockland approached this Firm with concerns from WestLB about security for CVEC’s obligations to Broadway under the EMS Agreement (because Broadway does not contract directly with the participants in CVEC’s RFP, the bank was concerned about Broadway’s ability to be paid in the event that CVEC defaulted on a payment obligation and/or a participant failed to provide Broadway with physical access to a PV project).” When WestLB dropped out of the picture and Broadway was forced to round up new lenders, the new banking group took an even harder line, insisting on broad new “step-in rights” that grant “Broadway the power to exercise and enforce CVEC’s rights” to secure the position of Broadway and the lenders for this same reason (i.e. to protect themselves against a default): “In December 2012, counsel to Rockland approached this Firm to explain that the delays in Broadway’s execution of the EMS Agreements stemmed from the concerns of Broadway’s new project lenders. Counsel to Rockland explained that WestLB was no longer providing the debt for 18 the Broadway project and that the Banks would be providing the debt. Given CVEC’s unique project structure, the challenging economic climate surrounding project finance and the Massachusetts solar renewable energy certificate market, the Banks were unwilling to commit to financing Broadway’s project with the existing project agreements (even with the limited POA). The Banks presented CVEC with a proposal for a new POA that would provide Broadway with extensive step-in rights to the PDA and PSA. This new expanded POA would apply in the event of any CVEC default under the EMS Agreement and give Broadway the power to exercise and enforce CVEC’s rights under all of the material provisions of the PSA and PDA.” The concerns summarized in this memorandum by CVEC’s own “mutual counsel” are directly relevant to the DPU’s consideration of the request by the Town of Brewster for approval to transfer its net metering rights to CVEC. Additionally, these concerns serve to highlight several significant and unpredictable risks that should be viewed as imprudent and intolerable by the Host Towns and the DPU: First, CVEC’s “unique project structure” is so complicated and has so many moving parts – so many participants – that it is inherently unpredictable and unstable. Second, as the bank lenders in the deal rightly appreciate, CVEC stands in the middle of all of the agreements between all of the counterparties. All roads lead to CVEC (or at least through CVEC). Third, a default by CVEC has the potential to create significant problems for all concerned. Since CVEC has a unique status and unique attributes as a “municipal electric cooperative,” it is far from clear that these “public /private partnerships” can continue to function properly if CVEC defaults. Fourth, CVEC is a chronically money losing enterprise that does not control its own destiny. CVEC is on financial life support from the Cape Light Compact and its continued existence is simply a function of the CLC Board’s willingness to continue funding CVEC’s losses, by diverting CLC ratepayer assets to CVEC, even though this provides no tangible benefit to the CLC ratepayers -- in perpetuity. Fifth, CLC is operating in a manner that does not even remotely resemble its original Aggregation Plan that was approved by the DPU thirteen years ago under DTE 00-47. By order of the DPU, CLC must now present and defend a NEW Aggregation Plan that is consistent with its “current practice”. It is far from assured that the DPU will approve CLC’s “current practice” of collecting money from CLC ratepayers and funneling the money to CVEC – with no tangible benefit to the CLC ratepayers. Furthermore, as discussed, the Office of the Attorney General / Ratepayer Advocate has raised numerous substantive concerns during the proceedings under City of Lowell, DPU 12-124 which, if heeded by the somnambulant DPU (as they should be), may sharply limit, or curtail, CLC’s ability to continue funneling CLC ratepayer funds to CVEC. 19 In my opinion, as a former banker, the banks in the CVEC deals are on to something here – something that should be painfully obvious to all concerned. CVEC is a high-risk enterprise under the best of circumstances – a virtual zombie company that is wholly dependent upon the perpetual financial life support provided by the Cape Light Compact. And now, it appears, the DPU may be on the verge of pulling the plug. Exhibit 18: New Representations and Warranties for CVEC PV Agreements (March 11, 2013) These new representations and warranties proposed by BCK Law for the CVEC Agreements are interesting only insofar as they demonstrate the profound capacity of both CLC and CVEC deny the legitimacy of the chorus of complaints that surrounds them regarding their egregiously poor governance, their lack of respect for fundamental democratic principles, their disdain and hostility toward the public and their incredibly poor business judgment. It also demonstrates, in my opinion, that when CLC and CVEC are confronted with any type of challenge, their first, and most deeply ingrained, instinct is to dissemble about the facts; to ignore the substance, or to minimize the significance of, any of the concerns expressed; and to denigrate, or diminish or threaten their critics, rather than to address the substance of their complaints. I note that in these “revised” representations and warranties – which CVEC was obligated to provide to its contractual counterparties after Mr. Powicki filed his complaint with the Office of the Attorney General – CVEC attempts to minimize the importance of the complaints that have been lodged against it, and the actions that have been taken and proposed, as the work of “a few members of the public” who have “vocalized strong opposition to CVEC” and to “one of its members, the Cape Light Compact, a sister entity to CVEC” (as if CLC is just another member of CVEC!). CVEC goes on to say, in the reps and warranties, that: “These few individuals routinely objected to the wind projects and to the CLC’s provision of funding for CVEC’s development of the wind projects.” And that “one individual in particular, a resident from Connecticut” has been particularly troublesome. Then CVEC goes on to say that there is one other member of the public, “a Single Individual,” who has filed a Petition with the AGO Office of Ratepayer Advocacy on behalf of ratepayers for an injunction against CLC and CVEC, particularly as it relates to CLC’s funding of CVEC. That’s it: --A few wing nuts who oppose wind energy and everything that CVEC does. --A lone crank from the State of Connecticut (and what the hell is he doing here in Massachusetts anyway?). --One other lone crusader, a Single Individual (the uncomfortably knowledgeable Mr. Powicki), who has filed a seemingly grandiose Petition (according to this characterization) with the AGO 20 asking for an Injunction on behalf of all ratepayers. Please appreciate that CLC and CVEC habitually refer to me personally, when “rebutting” my complaints, as “a resident of CT” to remind everyone that I am sticking my nose where it doesn’t belong. But what about all of the following: 1. The CITIZEN’S PETITION signed by over 300 individuals addressed to the Barnstable County government in May of 2011 imploring them to seek some measure of openness, transparency and accountability from CLC and CVEC; 2. Repeated protests in public meetings of the Barnstable County Commissioners, the Assembly of Delegates, local Boards of Selectmen, Energy Committees, the Cape Light Compact and CVEC; 3. The formation of a Special Committee of Inquiry on CLC and CVEC by the Barnstable County Assembly of Delegates that met ten times over ten months. 4. The issuance of a highly critical Final Report by the Special Committee of Inquiry which included all of the following unanimous recommendations: a. Termination of CLC’s financial support for CVEC b. Execution of a forensic financial audit of CLC by an independent auditor c. Substantive structural reforms to eliminate conflicts of interest (including a prohibition against the “current practice” of employing “shared legal counsel” between CLC and CVEC d. Referral of CLC and CVEC to the Office of the Inspector General for further investigation 5. Challenges to the integrity of CVEC’s accounting (by “a resident of CT”). Why is this not worth noting if CVEC was willing to sue the “resident of CT” over his suggestion that a “reasonable person” could find fault with their accounting? 6. Detailed and substantive complaints lodged against CLC and CVEC by Mr. Chris Powicki (the lone crusader) with CLC’s principal regulator, DPU, in addition to the AGO? Granted, perhaps this chorus of criticism doesn’t rise to the level of a pending or threatened action, suit or proceeding but it does appear to me that there is plenty of evidence of deep seated and well-articulated dissatisfaction and concern regarding the propriety of the “current practice” of CLC and CVEC. Furthermore, as the managements of CLC and CVEC well know, several members of the Assembly of Delegates have expressed their disillusionment with the hostile response of CLC and CVEC to the legitimate concerns of the Assembly and have announced their intention to “revisit” the original Recommendations of the Special Committee, including a possible 21 request for assistance from the Office of the Inspector General to investigate the finances and the “current practice” of both CLC and CVEC. In fact, it is expected that this matter may come before the Assembly again as soon as October 16, 2013. Additionally, as the public and the press are becoming increasingly aware, the “current practice” of the Cape Light Compact simply is not working. Not only has CLC siphoned off millions of dollars of CLC ratepayer funds, without their informed consent, for the purpose of funding a speculative renewable energy venture that it has no business pursuing – that would be CVEC – which CLC uses “to do the things that CLC is not allowed to do”; the Compact has failed miserably at its main purpose of obtaining more competitive rates for electricity on behalf of its 200,000 members on Cape Cod and Martha’s Vineyard. For years, CLC has publicly proclaimed its success at obtaining better rates for electricity consumers; and all of its consumers and constituent member towns, and the local press, have accepted these claims at face value. But as the Cape Cod Times reported on July 2 of this year – and as officials of the Cape Light Compact were forced to admit -- CLC has actually charged its members at least $35 to $40 million MORE than the NSTAR Basic Service Rate over the past 8 to 10 years of its operation (see Exhibit 19: “Cape Light Compact Rates Fail to Remain Competitive,” Cape Cod Times). Clearly, the “current operation” of the Cape Light Compact – which does not follow any approved aggregation plan -- is long overdue for a thorough review by the DPU, in all of its particulars, and will require a major overhaul before the Cape Light Compact can hope for any success in achieving its fundamental objective of obtaining lower rates for electricity consumers. Final Comments In a letter to the DPU dated August 6, 2013 (which has been submitted on this docket, DPU 13- 88), Mr. Chris Powicki has attempted, yet again, to awaken the DPU to the gross failures of trust that have been perpetrated upon the ratepayer members of the Cape Light Compact and the public by the managements of CLC and CVEC. Mr. Powicki has also filed an updated copy of his summary presentation entitled “A Broken Compact,” in which he has meticulously chronicled many of the most blatant abuses of the public trust by CLC and its management. This information has also been submitted for the record on all of the other related dockets requesting transfers of net metering from Host Towns to CVEC. In his letter, a clearly frustrated Mr. Powicki accuses the DPU of “burying its head in the sand” and ignoring these obvious transgressions. But in my opinion, Mr. Powicki is far too kind. I believe that the record clearly shows that the Department of Public Utilities has been grossly negligent as a regulator and derelict in its duty to respond in any meaningful way to the clearly articulated and well-documented concerns that have been presented to the Department by individuals, such as Powicki, who have taken it upon themselves to fill the breach created by the inattention of the DPU and who are attempting to protect the interests of all Massachusetts 22 ratepayers without having access to any of the statutory authority, or rights to compel the production of evidence and information, that are enjoyed by the DPU. Shame on you. In sum, for all of the reasons cited above, it would be grossly irresponsible for the DPU to grant approval for the Town of Brewster, or for any other town that proposes to host a CVEC project, to transfer its municipal net metering rights to CVEC until after the DPU has had an opportunity to review and approve a “revised” municipal aggregation plan for the Cape Light Compact in a form that is acceptable to the DPU. Sincerely, Eric Bibler Single Individual, On Behalf of Friends and Relatives on Cape Cod and Martha’s Vineyard Too Numerous to Count Weston, CT Cc: MA AGO – Office of Ratepayer Advocacy Cc: MA Office of the Inspector General Note: All Exhibits available online here: https://www.dropbox.com/sh/82pku4as5ewwz86/pfaCzC2bfY 23 RECI'IVE,Q DENNIS-YARMOUTH REGIONAL SCHOOL DISTRICT TOWN OF YAR, OUTH 296 STATION AVENUE ocr oo tu /j SOUTH YARMOUTH, MA 02664 l TOWN AOAtiiNI.~TRATOR NOTICE TO ABUTTER OF ISSUANCE OF BUILDING PERMITS PROPERTY OWNER: TOWN OF YARMOUTH PROPERTY LOCATION: YARMOUTH ASSESSOR'S MAP 64 LOT 36 (M.E. SMALL SCHOOL & MATTACHEESE MIDDLE SCHOOL) Dear Abutter: As an abutter within 300 feet of Assessor's Map 64 Lot 36 in the Town of Yarmouth, you are being provided with this notice ofthe issuance of Building Permit No. B-14-464 and Building Permit No. B-14-472 by the Yarmouth Building Commissioner on September 26,2013, to the Dennis-Yarmouth Regional School District. Building Permit No. B-14-464 and Building Permit No. B-14-4 72 were issued on September 26, 2013. Building Permit No. B-14-464 authorizes the following work at 440 Higgins Crowell Road: Installation of a 861.30 KW photo voltaic solar array on the grounds of the M.E. Small School per Section 3 - 40A Education & Solar Arrays. Installation to include an 8' high anti-climbing fence. Building Permit No. B-14-472 authorizes the following work at 400 Higgins Crowell Road: installation of a 1,499.3 KW photo voltaic solar array on the grounds of the Mattacheese Middle School per Section 3-40A Education & Solar Arrays. Installation to include an 8' high anti climbing fence. Copies of the Building Permits are attached hereto. The issuance of the Building Permits by the Building Commissioner qualifies as an "order or decision of the inspector ofbuildings, or other administrative official" under M.G.L. c.40A, Section 8. An appeal by any person aggrieved by the decision of the Building Commissioner to issue the Building Permits may be made pursuant to M.G.L. c. 40A, Section 8 and Section 15, within thirty (30) days of the date ofthe issuance of the building permit. When a party with adequate notice of the issuance of a building permit claims to be aggrieved by the permit on the ground that it violates the zoning code, the party must file an administrative appeal within thi1iy days of the permit's issuance; a failure to do so deprives the board or other permit granting authority, and later the courts, of jurisdiction to consider the appeal. G.L. c. 40A, §§ 7, 8, and 15; Connors v. Annino, 460 Mass. 790 (2011). Liz Argo of Cape and Vineyard Electric Cooperative, Incorporate is available to answer questions regarding the proposed work. She can be reached at (77 4) 722-1812. TOWN OF YARMOUTH Building Department (508) 398-2231 ext.1261 BUILDING PERMIT NO :~-;H~:: ::.... - . - --- . ISSUE DATE ; _~~&~Q1 ~ _; PROPOSED USE PERMIT APPLICANT :s~~~n :~h~~~~n: : : : : : : : : : : : : : : : : : :· JOB WEATHER CARD AT (LOCATION) j0440HIGGINS CROWELL RD I ZONING DISTRICTIR-40 I Bldg. Type: !commercial I SUBDIVISION MAP LOT BLOCK L-j064_.3_6______,J BUILDING IS TO BE: CONST TYPED USE GROUP [I] LOT SIZE I I ,----C-O_N_T_R-AC_T_O_R__ --, Installation of a 861.30 KW photo voltaic solar arr~y on the grounds of theM. E. Small School per 100358 REMARKS Section 3 - 40A Education & Solar Arrays. lnstall~tion to Include an 8' high anti-climbing fence. LICENSE I jchapman, Susan 295 Freeport Street Boston MA 02122 AREA (SQ FT) EST COST ($j$2,2~~.00 5089897643 OWNER ~M~.~E.~S~m-a~II~S~ch-o~ol------~~~7~~\'.--~ ADDRESS 296 Station Ave j South Yarmouth PHONE jS083987610 THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART EREOF, EITHER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY, NOT SPECIFICALLY PERMITTED UNDER THE BUILDING DE, MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM INSPECTIONS REQUIRED FOR ALL APPROVED PLANS MUST BE RETAINED ON WHERE APPLICABLE SEPARATE PERMITS ARE CONSTRUCTION WORK: 1) FOUNDATIONS OR JOB AND THIS CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. REQUIRED FOR ELECTRICAL FOOTINGS. 2) PRIOR TO COVERING STRUCTURAL WHERE A CERTIFICATE OF OCCUPANCY IS PLUMBING/GAS AND MEMBERS (READY FOR LATH OR FINISH REQUIRED, SUCH BUILDING SHALL NOT BE MECHANICAL INSTALLATIONS. COVERING) 3) FINAL INSPECTION BEFORE OCCUPIED UNTIL FINAL INSPECTION HAS OCCUPANCY 4) REFER TO DETAILED INSPECTION BEEN MADE. SCHEDULE POST THIS CARD SO IT IS VISIBLE FROM STREET 2 3 2 3 4 5 WORK SHALL NOT PROCEED PERMIT WILL BECOME NUI.,L AND VOID IF INSPECTIONS INDICATED ON THIS CARD UNTIL THE INSPECTOR HAS CONSTRUCTION WORK IS N.OT STARTED WITHIN SIX CAN BE ARRANGED FOR BY TELEPHONE .APPROVED THE VARIOUS MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED OR WRITTEN NOTIFICATION. STAGES OF CONSTRUCTION ABOVE. TOWN OF YARMOUTH Building Department BUILDING 1•-- ...... • I (508) 398-2231 ext.1261 PERMIT NO _Q-.1~47:~ :-- .. - .. - - -- - ....-: ISSUE DATE : . ~~~/~Q1 ~ . ; PROPOSED USE PERMIT APPLICANT JOB WEATHER CARD AT (LOCATION) /o400HIGGINS CROWELL RD I ZONING DISTRIC~R-40 I Bldg. Type: /Commercial I SUBDIVISION MAP LOT BLOCK L../o64_.3_6 _____..,..,-l BUILDING IS To BE: CONST TYPED USE GROUP [I] LOT SIZE I I CONTRACTOR installation of a 1,499.3 KW photo voltaic solar array on the grounds of the Mattacheese Middle School REMARKS per Section 3 - 40A Education & Solar Arrays. lnl!tallation to Include an 8' high ant1-climbing fence. LICENSE I 100358 I /Chapman, Susan I 295 Frae port Street Boston MA 02122 AREA(SQ FT) ~----~--~------~~r-~~ 5089897643 OWNER /Mattacheese Middle School ADDRESS 296 Station Ave South Yarmouth PHONE /5083987610 THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY, NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE, MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM INSPECTIONS REQUIRED FOR ALL APPROVED PLANS MUST BE RETAINED ON WHERE APPLICABLE JOB AND THIS CARD KEPT POSTED UNTIL. SEPARATE PERMITS ARE CONSTRUCTION WORK: 1) FOUNDATIONS OR REQUIRED FOR ELECTRICAL FOOTINGS. 2) PRIOR TO COVERING STRUCTURAL FINAL INSPECTION HAS SEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS PLUMBING/GAS AND MEMBERS (READY FOR LATH OR FINISH REQUIRED, SUCH BUILDING SHALL NOT BE MECHANICAL. INSTALLATIONS. COVERING) 3) FINAL INSPECTION BEFORE OCCUPIED UNTIL FINAL INSPECTION HAS OCCUPANCY 4) REFER TO DETAILED INSPECTION BEEN MADE. SCHEDULE POST THIS CARD SO IT IS VISIBLE FROM STREET 2 3 2 3 4 5 WORK SHALL NOT PROCEED PERMIT WILL BECOME NULL AND VOID IF INSPECTIONS INDICATED ON THIS CARD UNTIL. THE INSPECTOR HAS CONSTRUCTION WORK IS NOT STARTED WITHIN SIX CAN BE ARRANGED FOR BY TELEPHONE APPROVED THE VARIOUS MONTHS OF DATE THE PEfi!MIT IS ISSUED AS NOTED OR WRITTEN NOTIFICATION. STAGES OF CONSTRUCTION ABOVE. SAFETY OVER SPEED L The Yarmouth Port Village Task Force Yarmouth Port, MA 02675 August 14, 2013 Dear Yarmouth Board of Selectmen, It has been almost a year since the people of Yarmouth Port met to discuss the safety of its residents, homes, and business property along the 1.5 mile Route 6A corridor- the genesis of Safety Over Speed (SOS). With the completion of the Yarmouth Port Road Safety Audit by the Cape Cod Commission, the SOS Task Force will be discussing accomplishments thus far, the commitments made by MassDot but still unfulfilled, and remedies and possibilities going forward to address the road safety issues in our village. MassDOT's mission is : "to deliver excellent customer service to people who travel in the Commonwealth, and provide our nation's safest and most reliable transportation system in a way that strengthens our economy and quality of life. We are one transportation organization focused on customer service and safety." We ask that the Board of Selectmen become an active voice so MassDOT fulfills its commitments, to take further measures to increase the safety of our pedestrians, motorists, and property between Union and Willow Streets and support the recent bill put forward by Reps Clean Turner and Randy Hunt. We request the following: 1. Yarmouth secure from MassDOT an ASAP date (by Nov. 1, 2013) to repaint the crosswalks. MassDOT committed to repaint in the spring of 2013. Job not completed as of 9-25-13. 2. The town purchases a solar speed sign to replace the movable electronic sign currently located in the heart of the village/commercial zone. 3. The town trims trees and or bushes blocking visibility of crosswalk signage. 4. The town, SOS Task Force, and Old Kings Highway work together to design and install two gateway signs by Willow Street and the Playground by Union- concept drawing will be shown. 5. Mobilize MassDOT to paint a white reflective edge line at the intersection of 6A and Summer Streets. 6. Together we support Reps Turner and Hunt's s bill to adopt a uniform traffic speed of 25 MPH in villages across the Commonwealth. 7. Yarmouth draft a Non-conforming Pre-existing Use Amendments Document with the Old Kings Highway Commission, Town Offices, and the SOS Task Force to make possible betterments for addressing the safety issues that currently are impossible for historic Route 6A under current State regulations thus shackling positive action and leaving the problems unsolved and citizen safety at risk. The predictable future if no action is taken is: 1. Continued excessive personal injury, and/or death 2. Continued excessive property damage 3. Decreasing property value along 6A 4. A less than robust village commercial center/loss of personal and town revenue 5. Loss of social capital I trust of elected leaders The SOS group has been praised for its concern and positive manner in which it has engendered the involvement of the community. We are pleased about what has been done, but replacing outdated signs and changing an inappropriate passing zone in the heart of the village falls short of the corrective measures that need to be taken to address the safety issues voiced by SOS, the Police Department and the Commission since fall of 2012. We believe that in a democracy, a group of people can identify a problem, the same group can identify solutions to the problem, and the same group of people can implement change. We are experiencing a breakdown of this fundamental principle of our democratic process within our town and state on this issue ... roadway safety. Why? We are clear, however, that while we are repeatedly told "No" or "That can't be done" or "State Regs prevent us from doing that," we remain unstoppable toward making our sidewalks and streets safe so that we can experience a safe and robust Yarmouth Port in which to live work and play, thus fulfilling the mission of MassDOT, our police department and town. We propose that the SOS Task Force Steering Committee, the Yarmouth Police Department Chief and Deputy, the Town Planner, Highway Engineer, Representative Turner, Old Kings Highway Commission, and Mass DOT meet to discuss the above mentioned items so that together, we can outline how to move forward. We believe that when there is a problem, a solution exists. One more accident is one too many. Yours for a better Yarmouth Port, SOS Task Force Steering Committee Kahren Dowcett Deputy Chief Xiarhos Jacey McAlpine Glenn Cannon and Steve Tupper Frank Murray Maria lanzito Susan Lamb Donna Murray CC: Representative Clean Turner Mary Joe Perry, MassDOT Southern Division Director Richard A. Davey, Secretary of Transportation John R. Jenkins, Chrm, MassDOT Board Old Kings Highway Commission Cape Cod Times- Susan Mueller, Cindy McCormick Attch: SOS Letter, Yarmouth Police Depart Letter, Cape Cod Commission Road Safety Audit, Mass Department of Transportation Letter, Copy of CC Times article SAFETY OVER SPEED The Yarmouth Port Neighbors Task Force Yarmouth Port, MA 02675 October 22, 2012 Dear Chief Frederickson, We are writing to you as a group of concerned citizens who live in the center of Yarmouth Port. We feel our safety is at risk due to the excessive speed of motorists traveling Route 6A through the village between Union Street and Willow. Our conclusion is grounded in the excessive number of accidents (141) that have occurred over the last 8 years (2002-1 0) resulting in personal injury (85), property damage (45), and death (2). The data collected to date translates to 17.25 accidents yearly, over 1 a month. Our concern has escalated due to the series of accidents over the last six months and particularly within the last 30 days. We feel there is a clear and present danger that exists to us as residents and pedestrians, visitors to our beautiful village, and to personal and business property. We understand that the Police Departments Mission is as follows: "We are dedicated to community risk reduction through the application of prevention, education and emergency services in the Town of Yarmouth" We would like to point out, however, that over the years various individuals, ad hoc groups and most recently residents of the Sandy Side Association have reached out to the police department, the Department of Transportation, and the State Police to reduce the risk of endangerment. To date, the situation remains the same with no evidence of speed reduction through ticketing, modification of signage, or other means and measures to safeguard motorists and pedestrians. We, who live directly on Route 6A and/or walk its sidewalks, feel at risk due to the following issues: 1 . Excessive speed of motorists 2. Failure of motorists to stop for pedestrians attempting to cross at designated sidewalk crossings 3. Poorly marked cross walks 4. Inappropriate passing zone markings, and ineffective speed and caution sign age We understand that Route 6A is a state highway but we also understand that the town of Yarmouth has jurisdiction to uphold the laws within the town. So it is for these reasons that we request your personal presence at a meeting to begin working as a community on an action plan to mitigate the situation so that we can feel safe in our homes, and on our streets and sidewalks. Clearly, there is much more to loose if there continues to be no action. If your department and our group is operating with the same intention of community betterment and prevention and risk reduction, we are convinced that together we will .. be able to design and execute an action plan to keep our village streets, sidewalks, and property safe. We look forward to a robust dialogue, a positive working partnership, and documenting the process. With kind regards, Safety Over Speed (SOS) Steering Committee Kahren Dowcett, Chair Donna Murray, Secretary Frank Murray Karen Johnson, Yarmouth Port Safety Representative Janet and Nick Alberti The Inn at Cape Cod The Center Street Inn Old Yarmouth Inn The Crook Jaw Inn Jack's Outback 2 The Blushing Oyster Liberty Hill Inn North Side Nursery Sandy Side Association (28 residents) Patricia Dolan Gary Shelto Michael Buchanan Betsy Goldberg And others Cc The Yarmouth Board of Selectmen Michael Walker, Yarmouth Fire Chief Michael O'Bryant, Patrol Division Commander Old Kings Highway Commission Clean Turner, State Representative Sue Lyons, County Commission Cape Cod Commission, Traffic SAFETY OVER SPEED 508-737-4220 safetyoverspeed@ gmail.com YARMOUTH POLICE DEPARTMENT "Committed To Our Community" Office of the Chief of Police Frank G. Frederickson One Brad Erickson WayWestYarmouth, Massachusetts 02673 Telephone (508) 775-0445 - Fax (508) 862-2721 www.yarmouthpolice.com November 12, 2012 Mary-Joe Perry District Highway Director 1000 County Street Taunton, Massachusetts 02780 The citizens ofYarmouth and the men and women of the Yarmouth Police Department request the assistance of the Massachusetts Department of Transportation regarding our traffic safety concerns on a 1.5 mile stretch of Route 6A in Yarmouthport. The section in question is directly on Route 6A between Willow Street and Union Street. Some of our joint concerns are as follows: • Posted Speed Limits • Crosswalk Conditions • Site Distances at the Intersections • Lighting • Signage • Dangerous Curve at Route 6A and Summer Street As the Chief of Police, I officially request that a traffic study be conducted and the assistance and support of you and your agency to address these issues. Deputy Chief Steven G. Xiarhos will be our Point of Contact at the Department. Kahren Dowcett, representing the Yarmouthport Village is the contact for the town. Please feel free to speak with him directly at 508.775.0445 extension 2150 or by email at [email protected]. Ms. Dowcett can be reached at 508-737-4220 or [email protected]. We will be working closely with the Yarmouthport Safety Over Speed task force going forward. Thank you very much and we look forward to working together with you. Respectfully, Frank G. Fredrickson Chief of Police The Yarmouth Police Department O ne Brad Erickson W ay, West Yarmouth, Massachusetts 02673 Phone: (508) 775-0445 Fax: (508) 862-272 1 FRANK G. FREDERICKSON CHIEF STEVEN G. XIARHOS OEPIJrY Cl-11 EF June 21, 2013 Mary-Joe Perry District Highway Director 1000 County Street Taunton, Massachusetts 02780 Dear Ms. Perry, The citizens of Yarmouth Port, Massachusetts involved in the Safety Over Speed (SOS) task force together with the Yarmouth Police Department and Yarmouth town leaders express our gratitude for the recent improvements made on Route 6A between Willow and Union Streets. As you know, the SOS citizen group put a spotlight on the high rate of crashes on this stretch of roadway. Through ongoing meetings the SOS task force, State Representative Cleon Turner, the Cape Cod Commission, the Yarmouth Town Planner and Administrator, and the Yarmouth Police Department we agree that measures need to be taken to safeguard the safety of pedestrians, drivers, property, businesses, tourists, and bicyclists and we are committed to reach our goal. There are several short-term measures we request MassDOT address. These items are identified in the Road Safety Audit and/ or discussed at the meeting held on Cape March 21, 2013. They are: 1. Paint the pedestrian crosswalks in the Piano Key Design 2. Install 'Yield to Pedestrians It's the Law' signage and penalty at crosswalks 3. Close up remaining passing zones between Willow and Union with double solid yellow lines 4 . Install chevron signs at the dangerous curve at Route 6A and Summer Street 5. Conduct minor pruning of any foliage blocking signage visibility in 1.5 mile corridor These maintenance measures will help address the safety of cars and pedestrians in our ongoing efforts. We all thank you for your prompt attention to these matters. The busiest time of the year is nearly upon us and public safety is our main concern. Please contact me directly at 508.775.0445 extension 2150 if any additional information is need. Respectfully, Steven G. Xiarhos Deputy Chief of Police Excellence in Policing Devall. Patrick. Governor Richard A. Davey, Secretary & CEO Frank DePaola, Administrator ~!Pmf!~-!QQ[ • .I~ighway Division July 31, 2013 Steven G. Xiarhos Deputy Chief of Police Town ofYarmouth One Brad Erikson Way West Yarmouth, Ma 02673 Dear Chief Xiarhos: This in response to your letter regarding various traffic issues on Route 6A between Willow Street and Union Street in the Town ofYarmouth. • The standard crosswalk markings on state highway shall consist of twin transverse lines as depicted in Figure 3B -19 in the Manual ofUniform Traffic Control Devices. • The Town of Yarmouth can install "State Law Yield to Pedestrians within Crosswalk" signs through the MassDOT permitting process. • Personnel from the District Traffic operations Unit will review the existing passing zones in the area in question and will close the passing zones as necessary. • Personnel will also review the need for chevron signs in the area of the Route 6A and Summer Street Intersection. • Vegetation obstructing sign visibility in Yarmouth Port will be removed. Please contact Edward Feeney, the District Traffic Operations Engineer, at (508) 884 -4242 with any questions. Sincerely, ~)-.1'/_ Mary-Joe Perry District Highway Direct ECF\ cc: MJP, DAP, TGR, File District 5. I 000 County Street. Taunton. MA 02780 Tel: 508-824-6633. Fax: 508-880-6102 Leading the Nation in Transportation Excellence www.mass.gov;massdot Board of Selectmen C/0 Town Administrators Office 1146 Route 28 South Yarmouth, Ma 02664 RE: Parkers River Marina Feasibility Study October 8, 2013 Dear Board Members, We are writing this letter to you with the understanding that consultants from Applied Technology and Management Inc (ATM Inc) and Tetra Tech will make a presentation to your board. A TM Inc was retained by the town to assess the financial feasibility of the Parkers River Marina plan. The Board of Selectmen will be asked at some point whether or not to recommend the town proceeds with 75% designs and permitting for this project. This decision does not need to made tonight. We would like to respectfully request that the vote on whether or not to move forward not be taken tonight. One significant factor is that the complete report from the consultants including important supporting data is not complete yet and is due by the end of this month. In addition, there was a Marina Committee that was active in this projects infancy and was called back for consultation last March to review the requests for interest (RFI) that had been sent out by the town. That Committee had a very good understanding of the history, hurdles, details, permitting, and potential of the project. The nine Marina Committee members that were in attendance at that March 13th meeting had a lengthy discussion and came to the consensus that the town should conduct what became the formal feasibility study that we now have before us. It would be good to give those committee members a chance to meet and review the findings and make recommendations to your board. The feasibility study is somewhat hot ofthe press. Please allow time for all of the information to be provided and discussed. Thank you, Paul Rumul